[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.
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(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.
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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.
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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.
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Sec. 815. Preservation of tooling for major defense acquisition
programs.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Definition of system for Defense Acquisition Challenge
Program.
Sec. 822. Technical data rights.
Sec. 823. Revision to the application of Cost Accounting Standards.
Sec. 824. Modification and extension of pilot program for transition to
follow-on contracts under authority to carry out certain
prototype projects.
Sec. 825. Clarification of status of Government rights in the designs of
Department of Defense vessels, boats, craft, and components
thereof.
Subtitle D--Provisions Relating to Acquisition Workforce and Inherently
Governmental Functions
Sec. 831. Development of guidance on personal services contracts.
Sec. 832. Sense of Congress on performance by private security
contractors of certain functions in an area of combat
operations.
Sec. 833. Acquisition workforce expedited hiring authority.
Sec. 834. Career path and other requirements for military personnel in
the acquisition field.
Subtitle E--Department of Defense Contractor Matters
Sec. 841. Ethics safeguards related to contractor conflicts of interest.
Sec. 842. Information for Department of Defense contractor employees on
their whistleblower rights.
Sec. 843. Requirement for Department of Defense to adopt an acquisition
strategy for Defense Base Act insurance.
Sec. 844. Report on use of off-shore subsidiaries by defense
contractors.
Sec. 845. Defense industrial security.
Subtitle F--Matters Relating to Iraq and Afghanistan
Sec. 851. Clarification and modification of authorities relating to the
Commission on Wartime Contracting in Iraq and Afghanistan.
Sec. 852. Comprehensive audit of spare parts purchases and depot
overhaul and maintenance of equipment for operations in Iraq
and Afghanistan.
Sec. 853. Additional matters required to be reported by contractors
performing security functions in areas of combat operations.
Sec. 854. Additional contractor requirements and responsibilities
relating to alleged crimes by or against contractor personnel
in Iraq and Afghanistan.
Sec. 855. Suspension of statutes of limitations when Congress authorizes
the use of military force.
Subtitle G--Governmentwide Acquisition Improvements
Sec. 861. Short title.
Sec. 862. Limitation on length of certain noncompetitive contracts.
Sec. 863. Requirements for purchase of property and services pursuant to
multiple award contracts.
Sec. 864. Regulations on the use of cost-reimbursement contracts.
Sec. 865. Preventing abuse of interagency contracts.
Sec. 866. Limitations on tiering of subcontractors.
Sec. 867. Linking of award and incentive fees to acquisition outcomes.
Sec. 868. Minimizing abuse of commercial services item authority.
Sec. 869. Acquisition workforce development strategic plan.
Sec. 870. Contingency Contracting Corps.
Sec. 871. Access of Government Accountability Office to contractor
employees.
Sec. 872. Database for Federal agency contract and grant officers and
suspension and debarment officials.
Sec. 873. Role of Interagency Committee on Debarment and Suspension.
Sec. 874. Improvements to the Federal procurement data system.
Subtitle H--Other Matters
Sec. 881. Expansion of authority to retain fees from licensing of
intellectual property.
Sec. 882. Report on market research.
Sec. 883. Report relating to munitions.
Sec. 884. Motor carrier fuel surcharges.
Sec. 885. Procurement by State and local governments of equipment for
homeland security and emergency response activities through
the Department of Defense.
Sec. 886. Review of impact of covered subsidies on acquisition of KC-45
aircraft.
[[Page 122 STAT. 4365]]
Sec. 887. Report on the implementation of earned value management at
the Department of Defense.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Plan required for personnel management of special operations
forces.
Sec. 902. Director of Operational Energy Plans and Programs.
Sec. 903. Corrosion control and prevention executives for the military
departments.
Sec. 904. Participation of Deputy Chief Management Officer of the
Department of Defense on Defense Business System Management
Committee.
Sec. 905. Modification of status of Assistant to the Secretary of
Defense for Nuclear and Chemical and Biological Defense
Programs.
Sec. 906. Requirement for the Secretary of Defense to prepare a
strategic plan to enhance the role of the National Guard and
Reserves.
Sec. 907. General Counsel to the Inspector General of the Department of
Defense.
Sec. 908. Business transformation initiatives for the military
departments.
Subtitle B--Space Activities
Sec. 911. Extension of authority for pilot program for provision of
space surveillance network services to entities outside
United States Government.
Sec. 912. Investment and acquisition strategy for commercial satellite
capabilities.
Sec. 913. Space posture review.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Responsibilities for Chemical Demilitarization Citizens'
Advisory Commissions in Colorado and Kentucky.
Sec. 922. Cost-benefit analysis of future treatment of hydrolysate at
Pueblo Chemical Depot, Colorado.
Subtitle D--Intelligence-Related Matters
Sec. 931. Technical changes following the redesignation of National
Imagery and Mapping Agency as National Geospatial-
Intelligence Agency.
Sec. 932. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 933. Technical amendments relating to the Associate Director of the
CIA for Military Affairs.
Subtitle E--Other Matters
Sec. 941. Enhancement of authorities relating to Department of Defense
regional centers for security studies.
Sec. 942. Restriction on obligation of funds for United States Southern
Command development assistance activities.
Sec. 943. Authorization of non-conventional assisted recovery
capabilities.
Sec. 944. Report on homeland defense and civil support issues.
Sec. 945. Report on National Guard resource requirements.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. One-time shift of military retirement payments.
Sec. 1003. Management of purchase cards.
Sec. 1004. Codification of recurring authority on United States
contributions to the North Atlantic Treaty Organization
common-funded budgets.
Sec. 1005. Incorporation of funding decisions into law.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas.
Sec. 1012. Report on repair of naval vessel in foreign shipyards.
Sec. 1013. Report on plan for disposal of certain vessels stricken from
the Naval Vessel Register.
Sec. 1014. Reimbursement of expenses for certain Navy mess operations.
Sec. 1015. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of reporting requirement regarding Department of
Defense expenditures to support foreign counter-drug
activities.
[[Page 122 STAT. 4366]]
Sec. 1022. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1023. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia and continuation of
numerical limitation on assignment of United States
personnel.
Sec. 1024. Expansion and extension of authority to provide additional
support for counter-drug activities of certain foreign
governments.
Sec. 1025. Comprehensive Department of Defense strategy for counter-
narcotics efforts for United States Africa Command.
Sec. 1026. Comprehensive Department of Defense strategy for counter-
narcotics efforts in South and Central Asian regions.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Enhancement of the capacity of the United States Government
to conduct complex operations.
Sec. 1032. Crediting of admiralty claim receipts for damage to property
funded from a Department of Defense working capital fund.
Sec. 1033. Minimum annual purchase requirements for charter air
transportation services from carriers participating in the
Civil Reserve Air Fleet.
Sec. 1034. Semi-annual reports on status of Navy Next Generation
Enterprise Networks program.
Sec. 1035. Sense of Congress on nuclear weapons management.
Sec. 1036. Sense of Congress on joint Department of Defense-Federal
Aviation Administration executive committee on conflict and
dispute resolution.
Sec. 1037. Sense of Congress on sale of new outsize cargo, strategic
airlift aircraft for civilian use.
Subtitle E--Studies and Reports
Sec. 1041. Report on corrosion control and prevention.
Sec. 1042. Study on using Modular Airborne Fire Fighting Systems (MAFFS)
in a Federal response to wildfires.
Sec. 1043. Study on rotorcraft survivability.
Sec. 1044. Report on nuclear weapons.
Sec. 1045. Report on compliance by Department of Defense with Guam tax
and licensing laws.
Sec. 1046. Report on detention operations in Iraq.
Sec. 1047. Review of bandwidth capacity requirements of the Department
of Defense and the intelligence community.
Sec. 1048. Review of findings and recommendations applicable to the
Department of Defense regarding electromagnetic pulse attack.
Subtitle F--Other Matters
Sec. 1051. Additional information under annual submissions of
information regarding information technology capital assets.
Sec. 1052. Submission to Congress of revision to regulation on enemy
prisoners of war, retained personnel, civilian internees, and
other detainees.
Sec. 1053. Barnegat Inlet to Little Egg Inlet, New Jersey.
Sec. 1054. Standing advisory panel on improving coordination among the
Department of Defense, the Department of State, and the
United States Agency for International Development on matters
of national security.
Sec. 1055. Reports on strategic communication and public diplomacy
activities of the Federal Government.
Sec. 1056. Prohibitions relating to propaganda.
Sec. 1057. Sense of Congress on interrogation of detainees by contractor
personnel.
Sec. 1058. Sense of Congress with respect to videotaping or otherwise
electronically recording strategic intelligence
interrogations of persons in the custody of or under the
effective control of the Department of Defense.
Sec. 1059. Modification of deadlines for standards required for entry to
military installations in the United States.
Sec. 1060. Extension of certain dates for Congressional Commission on
the Strategic Posture of the United States.
Sec. 1061. Technical and clerical amendments.
Sec. 1062. Notification of Committees on Armed Services with respect to
certain nonproliferation and proliferation activities.
Sec. 1063. Assessment of security measures at consolidated center for
North American Aerospace Defense Command and United States
Northern Command.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Authority to waive annual limitation on premium pay and
aggregate limitation on pay for Federal civilian employees
working overseas.
[[Page 122 STAT. 4367]]
Sec. 1102. Temporary discretionary authority to grant allowances,
benefits, and gratuities to personnel on official duty in a
combat zone.
Sec. 1103. Election of insurance coverage by Federal civilian employees
deployed in support of a contingency operation.
Sec. 1104. Extension of authority to make lump-sum severance payments.
Sec. 1105. Extension of voluntary reduction-in-force authority of
Department of Defense.
Sec. 1106. Enhancement of authorities relating to additional positions
under the national security personnel system.
Sec. 1107. Expedited hiring authority for health care professionals.
Sec. 1108. Direct hire authority at personnel demonstration laboratories
for certain candidates.
Sec. 1109. Status reports relating to laboratory personnel demonstration
projects.
Sec. 1110. Technical amendment relating to definition of professional
accounting position for purposes of certification and
credentialing standards.
Sec. 1111. Exceptions and adjustments to limitations on personnel and
reports on such exceptions and adjustments.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Extension of authority to build the capacity of the Pakistan
Frontier Corps.
Sec. 1202. Availability across fiscal years of funds for military-to-
military contacts and comparable activities.
Sec. 1203. Availability across fiscal years of funds to pay incremental
expenses for participation of developing countries in
combined exercises.
Sec. 1204. Extension of temporary authority to use acquisition and
cross-servicing agreements to lend military equipment for
personnel protection and survivability.
Sec. 1205. Authority for distribution to certain foreign personnel of
education and training materials and information technology
to enhance military interoperability with the Armed Forces.
Sec. 1206. Modification and extension of authorities relating to program
to build the capacity of foreign military forces.
Sec. 1207. Extension of authority and increased funding for security and
stabilization assistance.
Sec. 1208. Extension and expansion of authority for support of special
operations to combat terrorism.
Sec. 1209. Increase in amount available for costs of education and
training of foreign military forces under Regional Defense
Combating Terrorism Fellowship Program.
Subtitle B--Matters Relating to Iraq and Afghanistan
Sec. 1211. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1212. Report on status of forces agreements between the United
States and Iraq.
Sec. 1213. Strategy for United States-led Provincial Reconstruction
Teams in Iraq.
Sec. 1214. Commanders' Emergency Response Program.
Sec. 1215. Performance monitoring system for United States-led
Provincial Reconstruction Teams in Afghanistan.
Sec. 1216. Report on command and control structure for military forces
operating in Afghanistan.
Sec. 1217. Reports on enhancing security and stability in the region
along the border of Afghanistan and Pakistan.
Sec. 1218. Study and report on Police Transition Teams to train, assist,
and advise units of the Iraqi Police Service.
Subtitle C--Other Matters
Sec. 1231. Payment of personnel expenses for multilateral cooperation
programs.
Sec. 1232. Participation of the Department of Defense in multinational
military centers of excellence.
Sec. 1233. Review of security risks of participation by defense
contractors in certain space activities of the People's
Republic of China.
Sec. 1234. Report on Iran's capability to produce nuclear weapons.
Sec. 1235. Employment for resettled Iraqis.
Sec. 1236. Extension and modification of updates on report on claims
relating to the bombing of the Labelle Discotheque.
Sec. 1237. Report on utilization of certain global partnership
authorities.
Sec. 1238. Modification and repeal of requirement to submit certain
annual reports to Congress regarding allied contributions to
the common defense.
[[Page 122 STAT. 4368]]
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical agents and munitions destruction, defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Sec. 1407. National Defense Sealift Fund amendments.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to previously authorized disposals from the
National Defense Stockpile.
Subtitle C--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Authorization of additional appropriations for operations in
Afghanistan and Iraq for fiscal year 2009.
Sec. 1502. Requirement for separate display of budgets for Afghanistan
and Iraq.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Science and technology investment strategy to defeat or
counter improvised explosive devices.
Sec. 1505. Limitations on Iraq Security Forces Fund.
Sec. 1506. Limitations on Afghanistan Security Forces Fund.
Sec. 1507. Special transfer authority.
Sec. 1508. Prohibition on use of United States funds for certain
facilities projects in Iraq and contributions by the
Government of Iraq to combined operations and other
activities in Iraq.
TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT
Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Definitions.
Sec. 1604. Authority to provide assistance for reconstruction and
stabilization crises.
Sec. 1605. Reconstruction and stabilization.
Sec. 1606. Authorities related to personnel.
Sec. 1607. Reconstruction and stabilization strategy.
Sec. 1608. Annual reports to Congress.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2008 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2007 projects.
Sec. 2107. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2108. Extension of authorization of certain fiscal year 2005
project.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
[[Page 122 STAT. 4369]]
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2005 project.
Sec. 2206. Modification of authority to carry out certain fiscal year
2007 projects.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2005
projects.
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2007 project.
Sec. 2405. Modification of authority to carry out certain fiscal year
2005 projects.
Sec. 2406. Extension of authorization of certain fiscal year 2006
project.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorized chemical demilitarization program construction and
land acquisition projects.
Sec. 2412. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2413. Modification of authority to carry out certain fiscal year
1997 project.
Sec. 2414. Modification of authority to carry out certain fiscal year
2000 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out certain fiscal year
2008 project.
Sec. 2608. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2609. Extension of Authorization of certain fiscal year 2005
project.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Subtitle A--Authorizations
Sec. 2701. Authorization of appropriations for base closure and
realignment activities funded through Department of Defense
Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and
realignment activities funded through Department of Defense
Base Closure Account 2005.
Subtitle B--Amendments to Base Closure and Related Laws
Sec. 2711. Modification of annual base closure and realignment reporting
requirements.
Sec. 2712. Technical corrections regarding authorized cost and scope of
work variations for military construction and military family
housing projects related to base closures and realignments.
Subtitle C--Other Matters
Sec. 2721. Independent design review of National Naval Medical Center
and military hospital at Fort Belvoir.
[[Page 122 STAT. 4370]]
Sec. 2722. Report on use of BRAC properties as sites for refineries or
nuclear power plants.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Incorporation of principles of sustainable design in
documents submitted as part of proposed military construction
projects.
Sec. 2802. Revision of maximum lease amount applicable to certain
domestic Army family housing leases to reflect previously
made annual adjustments in amount.
Sec. 2803. Use of military family housing constructed under build and
lease authority to house members without dependents.
Sec. 2804. Leasing of military family housing to Secretary of Defense.
Sec. 2805. Improved oversight and accountability for military housing
privatization initiative projects.
Sec. 2806. Authority to use operation and maintenance funds for
construction projects inside the United States Central
Command and United States Africa Command areas of
responsibility.
Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family
Housing LLC.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Clarification of congressional reporting requirements for
certain real property transactions.
Sec. 2812. Authority to lease non-excess property of military
departments and Defense Agencies.
Sec. 2813. Modification of utility system conveyance authority.
Sec. 2814. Defense access roads.
Sec. 2815. Report on application of force protection and anti-terrorism
standards to gates and entry points on military
installations.
Subtitle C--Provisions Related to Guam Realignment
Sec. 2821. Sense of Congress regarding military housing and utilities
related to Guam realignment.
Sec. 2822. Federal assistance to Guam.
Sec. 2823. Eligibility of the Commonwealth of the Northern Mariana
Islands for military base reuse studies and community
planning assistance.
Sec. 2824. Support for realignment of military installations and
relocation of military personnel on Guam.
Subtitle D--Energy Security
Sec. 2831. Certification of enhanced use leases for energy-related
projects.
Sec. 2832. Annual report on Department of Defense installations energy
management.
Subtitle E--Land Conveyances
Sec. 2841. Land conveyance, former Naval Air Station, Alameda,
California.
Sec. 2842. Transfer of administrative jurisdiction, decommissioned Naval
Security Group Activity, Skaggs Island, California.
Sec. 2843. Transfer of proceeds from property conveyance, Marine Corps
Logistics Base, Albany, Georgia.
Sec. 2844. Land conveyance, Sergeant First Class M.L. Downs Army Reserve
Center, Springfield, Ohio.
Sec. 2845. Land conveyance, John Sevier Range, Knox County, Tennessee.
Sec. 2846. Land conveyance, Army property, Camp Williams, Utah.
Sec. 2847. Extension of Potomac Heritage National Scenic Trail through
Fort Belvoir, Virginia.
Subtitle F--Other Matters
Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery.
Sec. 2852. Acceptance and use of gifts for construction of additional
building at National Museum of the United States Air Force,
Wright-Patterson Air Force Base.
Sec. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval Base,
Hawaii.
Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania.
Sec. 2855. Naming of health facility, Fort Rucker, Alabama.
TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS
Subtitle A--Fiscal Year 2008 Projects
Sec. 2901. Authorized Army construction and land acquisition projects.
[[Page 122 STAT. 4371]]
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2905. Termination of authority to carry out fiscal year 2008 Army
projects.
Subtitle B--Fiscal Year 2009 Projects
Sec. 2911. Authorized Army construction and land acquisition projects.
Sec. 2912. Authorized Navy construction and land acquisition projects.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Modification of functions of Administrator for Nuclear
Security to include elimination of surplus fissile materials
usable for nuclear weapons.
Sec. 3112. Limitation on Funding for Project 04-D-125 Chemistry and
Metallurgy Research Replacement facility project, Los Alamos
National Laboratory, Los Alamos, New Mexico.
Sec. 3113. Nonproliferation and national security scholarship and
fellowship program.
Sec. 3114. Enhancing nuclear forensics capabilities.
Sec. 3115. Utilization of contributions to International Nuclear
Materials Protection and Cooperation program and Russian
plutonium disposition program.
Sec. 3116. Review of and reports on Global Initiatives for Proliferation
Prevention program.
Sec. 3117. Limitation on availability of funds for Global Nuclear Energy
Partnership.
Subtitle C--Reports
Sec. 3121. Extension of deadline for Comptroller General report on
Department of Energy protective force management.
Sec. 3122. Report on compliance with Design Basis Threat issued by the
Department of Energy in 2005.
Sec. 3123. Modification of submittal of reports on inadvertent releases
of restricted data.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2009.
Sec. 3502. Limitation on export of vessels owned by the Government of
the United States for the purpose of dismantling, recycling,
or scrapping.
Sec. 3503. Student incentive payment agreements.
Sec. 3504. Riding gang member requirements.
Sec. 3505. Maintenance and Repair Reimbursement Program for the Maritime
Security Fleet.
Sec. 3506. Temporary program authorizing contracts with adjunct
professors at the United States Merchant Marine Academy and
for other purposes.
Sec. 3507. Actions to address sexual harassment and violence at the
United States Merchant Marine Academy.
Sec. 3508. Assistance for small shipyards and maritime communities.
Sec. 3509. Marine war risk insurance.
Sec. 3510. MarAd consultation on Jones Act Waivers.
Sec. 3511. Transportation in American vessels of government personnel
and certain cargoes.
Sec. 3512. Port of Guam Improvement Enterprise Program.
[[Page 122 STAT. 4372]]
SEC. 3. <<NOTE: 10 USC 101 note.>> CONGRESSIONAL DEFENSE
COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding S. 3001, the National Defense
Authorization Act for Fiscal Year 2009, as amended by the House of
Representatives, printed in the House section of the Congressional
Record on or about September 30, 2008, by the Chairman of the Committee
on Armed Services of the House, shall have the same effect with respect
to the implementation of this Act as if it were a joint explanatory
statement of a committee of conference.
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Subtitle B--Army Programs
Sec. 111. Separate procurement line items for Future Combat Systems
program.
Sec. 112. Clarification of status of Future Combat Systems program lead
system integrator.
Sec. 113. Restriction on obligation of funds for Army tactical radio
pending report.
Sec. 114. Restriction on obligation of procurement funds for Armed
Reconnaissance Helicopter program pending certification.
Sec. 115. Stryker Mobile Gun System.
Subtitle C--Navy Programs
Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore
Roosevelt.
Sec. 122. Littoral Combat Ship (LCS) program.
Sec. 123. Report on F/A-18 procurement costs, comparing multiyear to
annual.
Sec. 124. Authority for advanced procurement and construction of
components for the Virginia-class submarine program.
Subtitle D--Air Force Programs
Sec. 131. Maintenance of retired KC-135E aircraft.
Sec. 132. Repeal of multi-year contract authority for procurement of
tanker aircraft.
Sec. 133. Reports on KC-(X) tanker aircraft requirements.
Sec. 134. F-22A fighter aircraft.
Subtitle E--Joint and Multiservice Matters
Sec. 141. Annual long-term plan for the procurement of aircraft for the
Navy and the Air Force.
Sec. 142. Report on body armor acquisition strategy.
Sec. 143. Small arms acquisition strategy and requirements review.
Sec. 144. Requirement for common ground stations and payloads for manned
and unmanned aerial vehicle systems.
Sec. 145. Report on future jet carrier trainer requirements of the Navy.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2009
for procurement for the Army as follows:
[[Page 122 STAT. 4373]]
(1) For aircraft, $4,848,835,000.
(2) For missiles, $2,207,460,000.
(3) For weapons and tracked combat vehicles, $3,516,398,000.
(4) For ammunition, $2,280,791,000.
(5) For other procurement, $11,143,076,000.
(6) For the Joint Improvised Explosive Device Defeat Fund,
$200,000,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for fiscal
year 2009 for procurement for the Navy as follows:
(1) For aircraft, $14,557,874,000.
(2) For weapons, including missiles and torpedoes,
$3,553,282,000.
(3) For shipbuilding and conversion, $14,057,022,000.
(4) For other procurement, $5,463,565,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2009 for procurement for the Marine Corps in the amount
of $1,486,189,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2009 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $1,110,012,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2009
for procurement for the Air Force as follows:
(1) For aircraft, $12,826,858,000.
(2) For ammunition, $894,478,000.
(3) For missiles, $5,553,528,000.
(4) For other procurement, $16,087,887,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2009
for Defense-wide procurement in the amount of $3,382,628,000.
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the procurement of aircraft, missiles, wheeled and tracked combat
vehicles, tactical wheeled vehicles, ammunition, other weapons, and
other procurement for the reserve components of the Armed Forces in the
amount of $800,000,000.
Subtitle B--Army Programs
SEC. 111. <<NOTE: 10 USC 221 note.>> SEPARATE PROCUREMENT LINE
ITEMS FOR FUTURE COMBAT SYSTEMS PROGRAM.
Effective <<NOTE: Effective dates.>> for the budget of the President
submitted to Congress under section 1105(a) of title 31, United States
Code, for fiscal year 2011 and for each fiscal year thereafter, the
Secretary of Defense shall ensure that a separate, dedicated procurement
line item is designated for each of the following elements of the Future
Combat Systems program (in this section referred to as ``FCS''), to the
extent the budget includes funding for such elements:
(1) FCS Manned Ground Vehicles.
[[Page 122 STAT. 4374]]
(2) FCS Unmanned Ground Vehicles.
(3) FCS Unmanned Aerial Systems.
(4) FCS Unattended Ground Systems.
(5) Other FCS elements.
SEC. 112. CLARIFICATION OF STATUS OF FUTURE COMBAT SYSTEMS PROGRAM
LEAD SYSTEM INTEGRATOR.
Section 802 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 206; 10 U.S.C. 2410p note) is
amended by adding at the end the following new subsection:
``(e) Status of Future Combat Systems Program Lead System
Integrator.--
``(1) Lead systems integrator.--
In <<NOTE: Deadline. Certification.>> the case of the Future
Combat Systems program, the prime contractor of the program
shall be considered to be a lead systems integrator until 45
days after the Secretary of the Army certifies in writing to the
congressional defense committees that such contractor is no
longer serving as the lead systems integrator.
``(2) New contracts.--In applying subsection (a)(1) or
(a)(2), any modification to the existing contract for the Future
Combat Systems program, for the purpose of entering into full-
rate production of major systems or subsystems, shall be
considered a new contract.''.
SEC. 113. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY TACTICAL
RADIO PENDING REPORT.
(a) Report Required.--Not later than March 30, 2009, the Assistant
Secretary of Defense for Networks and Information Integration shall
submit to the congressional defense committees a report on Army tactical
radio fielding plans. The report shall include the following:
(1) A description of the Army tactical radio fielding
strategy, including a description of the overall combination of
various tactical radio systems and how they integrate to provide
communications and network capability.
(2) A detailed description of the combination of various
tactical radio systems in use or planned for use for Army
infantry brigade combat teams, heavy brigade combat teams,
Stryker brigade combat teams, and Future Combat Systems brigade
combat teams.
(3) A description of the combination of various tactical
radio systems in use or planned for use for Army support
brigades, headquarters elements, and training units.
(4) A description of the plan by the Army to integrate joint
tactical radio systems, including the number of each type of
joint tactical radio the Army plans to procure.
(5) An assessment of the total cost of the tactical radio
fielding strategy of the Army, including procurement of joint
tactical radio systems.
(b) Restriction on Obligation of Funds Pending Report.--Of the
amounts appropriated pursuant to an authorization of appropriations in
this Act or otherwise made available for fiscal year 2009 for other
procurement, Army, for tactical radio systems, not more than 75 percent
may be obligated or expended until 30 days after the report required by
subsection (a) is received by the congressional defense committees.
[[Page 122 STAT. 4375]]
SEC. 114. RESTRICTION ON OBLIGATION OF PROCUREMENT FUNDS FOR ARMED
RECONNAISSANCE HELICOPTER PROGRAM PENDING
CERTIFICATION.
(a) Certification Required.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall certify to the
congressional defense committees that the Armed Reconnaissance
Helicopter has--
(1) satisfactorily been certified under section 2433(e)(2)
of title 10, United States Code;
(2) been restructured as an acquisition program by the Army;
(3) satisfactorily completed a Limited User Test; and
(4) been approved to enter Milestone C.
(b) Restriction on Obligation of Funds Pending Certification.--
Of <<NOTE: Deadline.>> the amounts appropriated pursuant to an
authorization of appropriations in this Act or otherwise made available
for fiscal year 2009 for aircraft procurement, Army, for the Armed
Reconnaissance Helicopter, not more than 20 percent may be obligated
until 30 days after the certification required by subsection (a) is
received by the congressional defense committees.
SEC. 115. STRYKER MOBILE GUN SYSTEM.
(a) Limitation <<NOTE: Certification.>> On Availability Of Funds.--
None of the amounts authorized to be appropriated by this Act for
procurement of weapons and tracked combat vehicles for the Army may be
obligated or expended for purposes of the procurement of the Stryker
Mobile Gun System until the Under Secretary of Defense for Acquisition,
Technology, and Logistics submits to the congressional defense
committees a written certification that the Under Secretary has approved
a plan for the Army to mitigate all Stryker Mobile Gun System
deficiencies.
(b) Reports Required.--Not later than 60 days after the date of the
enactment of this Act, and every 180 days thereafter until December 31,
2011, the Secretary of the Army, in consultation with the Director of
Operational Test and Evaluation, shall submit to the congressional
defense committees a report on the status of actions by the Army to
mitigate all Stryker Mobile Gun System deficiencies. Each report shall
include the following:
(1) An explanation of the plan by the Army to mitigate all
Stryker Mobile Gun System deficiencies.
(2) The cost estimate for implementing each mitigating
action, and the status of funding for each mitigating action.
(3) An inventory of the Stryker Mobile Gun System vehicle
fleet that specifies which mitigating actions have been
implemented.
(4) An updated production and fielding schedule for Stryker
Mobile Gun System vehicles required by the Army but not yet
fielded as of the date of the report.
(c) Waiver Authority.--The Secretary of Defense may waive the
limitation in subsection (a) if the Secretary--
(1) determines that continued procurement of Stryker Mobile
Gun System vehicles will provide a vital combat capability to
the Armed Forces; and
(2) <<NOTE: Notification.>> submits to the congressional
defense committees written notification of the waiver and a
discussion of the reasons for the determination made under
paragraph (1).
[[Page 122 STAT. 4376]]
(d) Stryker Mobile Gun System Deficiencies Defined.--In this
section, the term ``Stryker Mobile Gun System deficiencies'' means
deficiencies of the Stryker Mobile Gun System specified in the
memorandum by the Department of Defense titled ``Stryker Mobile Gun
System (MGS) Acquisition Decision Memorandum'' and dated August 5, 2008.
Subtitle C--Navy Programs
SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. THEODORE
ROOSEVELT.
(a) Amount Authorized From SCN Account.--Of the amount appropriated
pursuant to the authorization of appropriations in section 102 or
otherwise made available for shipbuilding, conversion, and repair, Navy,
for fiscal year 2009, $124,500,000 is available for the commencement of
the nuclear refueling and complex overhaul of the U.S.S. Theodore
Roosevelt (CVN-71) during fiscal year 2009. The amount made available in
the preceding sentence is the first increment in the three-year funding
planned for the nuclear refueling and complex overhaul of that vessel.
(b) Contract Authority.--The Secretary of the Navy is authorized to
enter into a contract during fiscal year 2009 for the nuclear refueling
and overhaul of the U.S.S. Theodore Roosevelt (CVN-71).
(c) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (b) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2009 is subject to the availability of appropriations
for that purpose for that later fiscal year.
SEC. 122. LITTORAL COMBAT SHIP (LCS) PROGRAM.
Section 124 of the National Defense Authorization Act for fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3157), as amended by section
125 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 29), is further amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``post-2007 LCS
vessels'' and inserting ``post-2009 LCS vessels''; and
(B) in paragraph (3)--
(i) in the paragraph heading, by striking
``Post-2007 lcs vessels'' and inserting ``Post-
2009 lcs vessels''; and
(ii) by striking `` `post-2007 LCS vessel' ''
and inserting `` `post-2009 LCS vessel' '';
(2) in subsection (b), by striking ``post-2007 LCS vessels''
and inserting ``post-2009 LCS vessels''; and
(3) in subsection (c), by striking ``post-2007 LCS vessels''
and inserting ``post-2009 LCS vessels''.
SEC. 123. REPORT ON F/A-18 PROCUREMENT COSTS, COMPARING MULTIYEAR
TO ANNUAL.
(a) In General.--Not later than March 1, 2009, the Secretary of
Defense shall submit to the congressional defense committees a report on
F/A-18 procurement. The report shall include the following:
(1) The number of F/A-18E/F and EA-18G aircraft programmed
for procurement for fiscal years 2010 through 2015.
[[Page 122 STAT. 4377]]
(2) The estimated procurement costs for those aircraft, if
procured through annual procurement contracts.
(3) The estimated procurement costs for those aircraft, if
procured through a multiyear procurement contract.
(4) The estimated savings that could be derived from the
procurement of those aircraft through a multiyear procurement
contract, and whether the Secretary considers the amount of
those savings to be substantial.
(5) A discussion comparing the costs and benefits of
obtaining those aircraft through annual procurement contracts
with the costs and benefits of obtaining those aircraft through
a multiyear procurement contract.
(6) The recommendations of the Secretary regarding whether
Congress should authorize a multiyear procurement contract for
those aircraft.
(b) Certifications Required.--If the Secretary recommends under
subsection (a)(6) that Congress authorize a multiyear procurement
contract for the aircraft, the Secretary shall include in the report
under subsection (a) the certifications required by section 2306b of
title 10, United States Code, to enable the award of a multiyear
contract beginning with fiscal year 2010.
SEC. 124. AUTHORITY FOR ADVANCED PROCUREMENT AND CONSTRUCTION OF
COMPONENTS FOR THE VIRGINIA-CLASS
SUBMARINE PROGRAM.
Section 121 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 26) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Advance Procurement and Construction of Components.--The
Secretary may enter into one or more contracts for advance procurement
and advance construction of those components for the Virginia-class
submarine program for which authorization to enter into a multiyear
procurement contract is granted under subsection (a) if the Secretary
determines that cost savings or construction efficiencies may be
achieved for Virginia-class submarines through the use of such
contracts.''.
Subtitle D--Air Force Programs
SEC. 131. MAINTENANCE OF RETIRED KC-135E AIRCRAFT.
Section 135(b) of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114) is amended by
striking ``each KC-135E aircraft that is retired'' and inserting ``at
least 74 of the KC-135E aircraft retired''.
SEC. 132. REPEAL OF MULTI-YEAR CONTRACT AUTHORITY FOR PROCUREMENT
OF TANKER AIRCRAFT.
Section 135 of the National Defense Authorization Act for Fiscal
Year 2004 (10 U.S.C. 2401a note) is repealed.
SEC. 133. REPORTS ON KC-(X) TANKER AIRCRAFT REQUIREMENTS.
(a) Report Required.--Not later than March 1, 2009, the Secretary of
Defense shall submit to the congressional defense committees a report
regarding the competition for the KC-(X) tanker
[[Page 122 STAT. 4378]]
aircraft that was terminated on September 10, 2008. The report shall
include the following:
(1) An examination of original requirements for the KC-(X)
tanker aircraft, including an explanation for the use of the KC-
135R tanker aircraft as the baseline for the KC-(X) tanker
aircraft.
(2) A summary of commercial derivative or commercial off-
the-shelf aircraft available as potential aerial refueling
platforms using aerial refueling capabilities (such as range,
offload at range, and passenger and cargo capacity) in each of
the following ranges:
(A) Maximum gross take-off weight that is less than
300,000 pounds.
(B) Maximum gross take-off weight in the range from
301,000 pounds maximum gross take-off weight to 550,000
pound maximum gross take-off weight.
(C) Maximum gross take-off weight in the range from
551,000 pounds maximum gross take-off weight to
1,000,000 pound maximum gross take-off weight.
(D) Maximum gross take-off weight that is greater
than 1,000,000 pounds.
(b) Reassessment Required.--The Secretary of Defense shall reassess
the requirements for aerial refueling that were validated by the Joint
Requirements Oversight Council on December 27, 2006. Not later than 30
days after the reassessment, the Secretary shall submit to the
congressional defense committees a report containing the complete
results of the reassessment.
SEC. 134. F-22A FIGHTER AIRCRAFT.
(a) Availability of Funds.--Subject to subsection (b), of the amount
authorized to be appropriated for procurement of aircraft for the Air
Force, $523,000,000 shall be available for advance procurement of F-22A
fighter aircraft.
(b) Restriction on Obligation of Funds Pending Certification.--
Of <<NOTE: Deadline.>> the amounts appropriated pursuant to an
authorization of appropriations in this Act or otherwise made available
for fiscal year 2009 for advance procurement, Air Force, for the F-22A,
not more than $140,000,000 may be obligated until 15 days after the
certification required by subsection (c) is received by the
congressional defense committees.
(c) Certification.--
(1) In general.--Of the amount referred to in subsection
(a), $383,000,000 shall not be available until the President
certifies to the congressional defense committees that--
(A) the procurement of F-22A fighter aircraft is in
the national interest of the United States; or
(B) the termination of the production line for F-22A
fighter aircraft is in the national interest of the
United States.
(2) Date of submittal.--Any certification submitted under
this subsection may not be submitted before January 21, 2009,
and must be submitted not later than March 1, 2009.
[[Page 122 STAT. 4379]]
Subtitle E--Joint and Multiservice Matters
SEC. 141. ANNUAL LONG-TERM PLAN FOR THE PROCUREMENT OF AIRCRAFT
FOR THE NAVY AND THE AIR FORCE.
(a) In General.--Chapter 9 of title 10, United States Code, is
amended by inserting after section 231 the following new section:
``Sec. 231a. Budgeting for procurement of aircraft for the Navy
and Air Force: annual plan and certification
``(a) Annual Aircraft Procurement Plan and Certification.--The
Secretary of Defense shall include with the defense budget materials for
each fiscal year--
``(1) a plan for the procurement of the aircraft specified
in subsection (b) for the Department of the Navy and the
Department of the Air Force developed in accordance with this
section; and
``(2) a certification by the Secretary that both the budget
for such fiscal year and the future-years defense program
submitted to Congress in relation to such budget under section
221 of this title provide for funding of the procurement of
aircraft at a level that is sufficient for the procurement of
the aircraft provided for in the plan under paragraph (1) on the
schedule provided in the plan.
``(b) Covered Aircraft.--The aircraft specified in this subsection
are the aircraft as follows:
``(1) Fighter aircraft.
``(2) Attack aircraft.
``(3) Bomber aircraft.
``(4) Strategic lift aircraft.
``(5) Intratheater lift aircraft.
``(6) Intelligence, surveillance, and reconnaissance
aircraft.
``(7) Tanker aircraft.
``(8) Any other major support aircraft designated by the
Secretary of Defense for purposes of this section.
``(c) Annual Aircraft Procurement Plan.--(1) The annual aircraft
procurement plan developed for a fiscal year for purposes of subsection
(a)(1) should be designed so that the aviation force provided for under
the plan is capable of supporting the national security strategy of the
United States as set forth in the most recent national security strategy
report of the President under section 108 of the National Security Act
of 1947 (50 U.S.C. 404a), except that, if at the time the plan is
submitted with the defense budget materials for that fiscal year, a
national security strategy report required under such section 108 has
not been submitted to Congress as required by paragraph (2) or paragraph
(3), if applicable, of subsection (a) of such section, then the plan
should be designed so that the aviation force provided for under the
plan is capable of supporting the aviation force structure recommended
in the report of the most recent Quadrennial Defense Review.
``(2) Each annual aircraft procurement plan shall include the
following:
``(A) A detailed program for the procurement of the aircraft
specified in subsection (b) for each of the Department of the
Navy and the Department of the Air Force over the next 30 fiscal
years.
[[Page 122 STAT. 4380]]
``(B) A description of the necessary aviation force
structure to meet the requirements of the national security
strategy of the United States or the most recent Quadrennial
Defense Review, whichever is applicable under paragraph (1).
``(C) The estimated levels of annual funding necessary to
carry out the program, together with a discussion of the
procurement strategies on which such estimated levels of annual
funding are based.
``(D) An assessment by the Secretary of Defense of the
extent to which the combined aircraft forces of the Department
of the Navy and the Department of the Air Force meet the
national security requirements of the United States.
``(d) Assessment When Aircraft Procurement Budget Is Insufficient To
Meet Applicable Requirements.--If the budget for a fiscal year provides
for funding of the procurement of aircraft for either the Department of
the Navy or the Department of the Air Force at a level that is not
sufficient to sustain the aviation force structure specified in the
aircraft procurement plan for such Department for that fiscal year under
subsection (a), the Secretary shall include with the defense budget
materials for that fiscal year an assessment that describes and
discusses the risks associated with the reduced force structure of
aircraft that will result from funding aircraft procurement at such
level. Such assessment shall be coordinated in advance with the
commanders of the combatant commands.
``(e) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to a
fiscal year, means the materials submitted to Congress by the
Secretary of Defense in support of the budget for that fiscal
year.
``(3) The term `Quadrennial Defense Review' means the review
of the defense programs and policies of the United States that
is carried out every 4 years under section 118 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of such title is amended by inserting after the item relating
to section 231 the following new item:
``231a. Budgeting for procurement of aircraft for the Navy and Air
Force: annual plan and certification.''.
SEC. 142. REPORT ON BODY ARMOR ACQUISITION STRATEGY.
Not later than 120 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report that provides--
(1) a survey and assessment of the capabilities, capacities,
and risks of the domestic industrial base of the United States,
including critical subcontractor suppliers, in meeting the
requirements of the military departments for body armor during
the 20 years following the date of the report;
(2) an assessment of the long-term maintenance requirements
of the body armor industrial base in the United States;
(3) an assessment of body armor and related research,
development, and acquisition objectives, priorities, and funding
profiles for--
[[Page 122 STAT. 4381]]
(A) advances in the level of protection;
(B) weight reduction; and
(C) manufacturing productivity;
(4) an assessment of the feasibility and advisability of
establishing a separate, dedicated procurement line item for the
acquisition of body armor and associated components for fiscal
year 2011 and for each fiscal year thereafter;
(5) an assessment of the feasibility and advisability of
establishing an executive agent for the acquisition of body
armor and associated components for the military departments
beginning in fiscal year 2011; and
(6) an assessment of existing initiatives used by the
military departments to manage or execute body armor programs,
including the Cross-Service Warfighter Equipment Board, the
Joint Clothing and Textiles Governance Board, and advanced
planning briefings for industry.
SEC. 143. <<NOTE: 10 USC 2304 note.>> SMALL ARMS ACQUISITION
STRATEGY AND REQUIREMENTS REVIEW.
(a) Secretary of Defense Report.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the small arms
requirements of the Armed Forces and the industrial base of the United
States. The report shall include the following:
(1) An assessment of Department of Defense-wide small arms
requirements in terms of capabilities and quantities, based on
an analysis of the small arms capability assessments of each
military department.
(2) An assessment of plans for small arms research,
development, and acquisition programs to meet the requirements
identified under paragraph (1).
(3) An assessment of capabilities, capacities, and risks in
the small arms industrial base of the United States to meet the
requirements of the Department of Defense for pistols, carbines,
rifles, and light, medium, and heavy machine guns during the 20
years following the date of the report.
(4) An assessment of the costs, benefits, and risks of full
and open competition for the procurement of non-developmental
pistols and carbines that are not technically compatible with
the M9 pistol or M4 carbine to meet the requirements identified
under paragraph (1).
(b) Competition for a New Individual Weapon.--
(1) Competition required.--If the small arms capabilities
based assessments by the Army identifies gaps in small arms
capabilities and the Secretary of the Army determines that a new
individual weapon is required to address such gaps, the
Secretary shall procure the new individual weapon using full and
open competition as described in paragraph (2).
(2) Full and open competition.--The full and open
competition described in this paragraph is competition among all
responsible manufacturers that--
(A) is open to all developmental item solutions and
non-developmental item solutions; and
(B) provides for the award of a contract based on
selection criteria that reflect the key performance
parameters and attributes identified in a service
requirements document approved by the Army.
[[Page 122 STAT. 4382]]
(c) Small Arms Defined.--In this section, the term ``small arms''--
(1) means man-portable or vehicle-mounted light weapons,
designed primarily for use by individual military personnel for
anti-personnel use; and
(2) includes pistols, carbines, rifles, and light, medium,
and heavy machine guns.
SEC. 144. <<NOTE: 10 USC 113 note.>> REQUIREMENT FOR COMMON GROUND
STATIONS AND PAYLOADS FOR MANNED AND
UNMANNED AERIAL VEHICLE SYSTEMS.
(a) Policy and Acquisition Strategy Required.--The Secretary of
Defense, in consultation with the Chairman of the Joint Chiefs of Staff,
shall establish a policy and an acquisition strategy for intelligence,
surveillance, and reconnaissance payloads and ground stations for manned
and unmanned aerial vehicle systems. The policy and acquisition strategy
shall be applicable throughout the Department of Defense and shall
achieve integrated research, development, test, and evaluation, and
procurement commonality.
(b) Objectives.--The policy and acquisition strategy required by
subsection (a) shall have the following objectives:
(1) Procurement of common payloads by vehicle class,
including--
(A) signals intelligence;
(B) electro optical;
(C) synthetic aperture radar;
(D) ground moving target indicator;
(E) conventional explosive detection;
(F) foliage penetrating radar;
(G) laser designator;
(H) chemical, biological, radiological, nuclear,
explosive detection; and
(I) national airspace operations avionics or
sensors, or both.
(2) Commonality of ground system architecture by vehicle
class.
(3) Common management of vehicle and payloads procurement.
(4) Ground station interoperability standardization.
(5) Maximum use of commercial standard hardware and
interfaces.
(6) Open architecture software.
(7) Acquisition of technical data rights in accordance with
section 2320 of title 10, United States Code.
(8) Acquisition of vehicles, payloads, and ground stations
through competitive procurement.
(9) Common standards for exchange of data and metadata.
(c) Affected Systems.--For the purposes of this section, the
Secretary shall establish manned and unmanned aerial vehicle classes for
all intelligence, surveillance, and reconnaissance programs of record
based on factors such as vehicle weight, payload capacity, and mission.
(d) Report.--Not later than 120 days after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees, the Permanent Select Committee on Intelligence of the House
of Representatives, and the Select Committee on Intelligence of the
Senate a report containing--
[[Page 122 STAT. 4383]]
(1) the policy required by subsection (a); and
(2) the acquisition strategy required by subsection (a).
SEC. 145. REPORT ON FUTURE JET CARRIER TRAINER REQUIREMENTS OF THE
NAVY.
Not later than 120 days after the date of the enactment of this Act,
the Secretary of the Navy shall submit to the congressional defense
committees a report on future jet carrier trainer requirements. In
addressing such requirements, the report shall include a plan based on
the following:
(1) Studies conducted by independent organizations
concerning future jet carrier trainer requirements.
(2) The results of a cost-benefit analysis comparing the
creation of a new jet carrier trainer program with the
modification of the current jet carrier trainer program in order
to fulfill future jet carrier trainer requirements.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Additional determinations to be made as part of Future Combat
Systems milestone review.
Sec. 212. Analysis of Future Combat Systems communications network and
software.
Sec. 213. Future Combat Systems manned ground vehicle Selected
Acquisition Reports.
Sec. 214. Separate procurement and research, development, test, and
evaluation line items and program elements for Sky Warrior
Unmanned Aerial Systems project.
Sec. 215. Restriction on obligation of funds for the Warfighter
Information Network-Tactical program.
Sec. 216. Limitation on source of funds for certain Joint Cargo Aircraft
expenditures.
Sec. 217. Requirement for plan on overhead nonimaging infrared systems.
Sec. 218. Advanced energy storage technology and manufacturing.
Sec. 219. Mechanisms to provide funds for defense laboratories for
research and development of technologies for military
missions.
Sec. 220. Requirements for certain airborne intelligence collection
systems.
Sec. 221. Limitation on obligation of funds for Enhanced AN/TPQ-36 radar
system pending submission of report.
Subtitle C--Missile Defense Programs
Sec. 231. Annual Director of Operational Test and Evaluation
characterization of operational effectiveness, suitability,
and survivability of the ballistic missile defense system.
Sec. 232. Independent study of boost-phase missile defense.
Sec. 233. Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in Europe.
Sec. 234. Review of the ballistic missile defense policy and strategy of
the United States.
Sec. 235. Airborne Laser System.
Sec. 236. Activation and deployment of AN/TPY-2 forward-based X-band
radar.
Subtitle D--Reports
Sec. 241. Biennial reports on joint and service concept development and
experimentation.
Sec. 242. Report on participation of the historically black colleges and
universities and minority-serving institutions in research
and educational programs and activities of the Department of
Defense.
[[Page 122 STAT. 4384]]
Sec. 243. Report on Department of Defense response to findings and
recommendations of the Defense Science Board Task Force on
Directed Energy Weapons.
Subtitle E--Other Matters
Sec. 251. Modification of systems subject to survivability testing
oversight by the Director of Operational Test and evaluation.
Sec. 252. Technology-neutral information technology guidelines and
standards to support fully interoperable electronic personal
health information for the Department of Defense and
Department of Veterans Affairs.
Sec. 253. Assessment of technology transition programs and repeal of
reporting requirement.
Sec. 254. Trusted defense systems.
Sec. 255. Capabilities-based assessment to outline a joint approach for
future development of vertical lift aircraft and rotorcraft.
Sec. 256. Executive agent for printed circuit board technology.
Sec. 257. Review of conventional prompt global strike technology
applications and concepts.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $10,943,840,000.
(2) For the Navy, $19,345,603,000.
(3) For the Air Force, $26,289,508,000.
(4) For Defense-wide activities, $21,131,501,000, of which
$188,772,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2009.--Of the amounts authorized to be appropriated
by section 201, $11,799,660,000 shall be available for the Defense
Science and Technology Program, including basic research, applied
research, and advanced technology development projects.
(b) Basic Research, Applied Research, and Advanced Technology
Development Defined.--For purposes of this section, the term ``basic
research, applied research, and advanced technology development'' means
work funded in programs elements for defense research and development
under Department of Defense budget activity 1, 2, or 3.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. ADDITIONAL DETERMINATIONS TO BE MADE AS PART OF FUTURE
COMBAT SYSTEMS MILESTONE REVIEW.
Section 214(b) of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2123) is amended by
striking paragraphs (4) through (6) and inserting the following new
paragraphs:
``(4) Whether actual demonstrations, rather than
simulations, have shown that the software for the program is on
a path to achieve threshold requirements on cost and schedule.
[[Page 122 STAT. 4385]]
``(5) Whether the program's planned major communications
network demonstrations are sufficiently complex and realistic to
inform major program decision points.
``(6) The extent to which Future Combat Systems manned
ground vehicle survivability is likely to be reduced in a
degraded Future Combat Systems communications network
environment.
``(7) The level of network degradation at which Future
Combat Systems manned ground vehicle crew survivability is
significantly reduced.
``(8) The extent to which the Future Combat Systems
communications network is capable of withstanding network
attack, jamming, or other interference.
``(9) What the cost estimate for the program is, including
all spin outs, and an assessment of the confidence level for
that estimate.
``(10) What the affordability assessment for the program is,
given projected Army budgets, based on the cost estimate
referred to in paragraph (9).''.
SEC. 212. ANALYSIS OF FUTURE COMBAT SYSTEMS COMMUNICATIONS NETWORK
AND SOFTWARE.
(a) Report Required.--Not later than September 30, 2009, the
Assistant Secretary of Defense for Networks and Information Integration
shall submit to the congressional defense committees a report on the
Future Combat Systems communications network and software. The report
shall include the following:
(1) An assessment of the vulnerability of the Future Combat
Systems communications network and software to enemy network
attack, in particular the effect of the use of significant
amounts of commercial software in Future Combat Systems
software.
(2) An assessment of the vulnerability of the Future Combat
Systems communications network to electronic warfare, jamming,
and other potential enemy interference.
(3) An assessment of the vulnerability of the Future Combat
Systems communications network to adverse weather and complex
terrain.
(4) An assessment of the Future Combat Systems communication
network's dependence on satellite communications support, and an
assessment of the network's performance in the absence of
assumed levels of satellite communications support.
(5) An assessment of the performance of the Future Combat
Systems communications network when operating in a degraded
condition due to the factors analyzed in paragraphs (1), (2),
(3), and (4), and how such a degraded network environment would
affect the performance of Future Combat Systems brigades and the
survivability of Future Combat Systems manned ground vehicles.
(6) An assessment, developed in coordination with the
Director of Operational Test and Evaluation, of the adequacy of
the Future Combat Systems communications network testing
schedule.
(7) An assessment, developed in coordination with the
Director of Operational Test and Evaluation, of the
synchronization of the funding, schedule, and technology
maturity of the Warfighter Information Network-Tactical and
Joint Tactical
[[Page 122 STAT. 4386]]
Radio System programs in relation to the Future Combat Systems
program, including any planned Future Combat Systems spin outs.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 213. FUTURE COMBAT SYSTEMS MANNED GROUND VEHICLE SELECTED
ACQUISITION REPORTS.
(a) Report Required.--Not later than February 15 of each of the
years 2009 through 2015, the Secretary of the Army shall submit a
Selected Acquisition Report under section 2432 of title 10, United
States Code, to Congress for each Future Combat Systems manned ground
vehicle variant.
(b) Required Elements.--Each report required by subsection (a) shall
include the same information required in comprehensive annual Selected
Acquisition Reports under section 2432(c) of title 10, United States
Code.
(c) Definition.--In this section, the term ``manned ground vehicle
variant'' means--
(1) the eight distinct variants of manned ground vehicles
designated on pages seven and eight of the Future Combat Systems
Selected Acquisition Report of the Department of Defense dated
December 31, 2007; and
(2) any additional manned ground vehicle variants designated
in Future Combat Systems Acquisition Reports of the Department
of Defense after the date of the enactment of this Act.
SEC. 214. SEPARATE <<NOTE: 10 USC 221 note.>> PROCUREMENT AND
RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION LINE ITEMS AND PROGRAM ELEMENTS
FOR SKY WARRIOR UNMANNED AERIAL SYSTEMS
PROJECT.
Effective <<NOTE: Effective dates.>> for fiscal year 2010 and for
each fiscal year thereafter, the Secretary of Defense shall ensure that,
in the annual budget submission of the Department of Defense to the
President, within both the account for procurement and the account for
research, development, test, and evaluation, a separate, dedicated line
item and program element is designated for the Sky Warrior Unmanned
Aerial Systems project, to the extent such accounts include funding for
such project.
SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS FOR THE WARFIGHTER
INFORMATION NETWORK-TACTICAL PROGRAM.
(a) Notification Required.--Not <<NOTE: Deadline.>> later than five
days after the completion of all actions described in subsection (b),
the Under Secretary of Defense for Acquisition, Technology, and
Logistics shall submit to the congressional defense committees notice in
writing of such completion.
(b) Covered Actions.--An action described in this subsection is any
of the following:
(1) Approval by the Under Secretary of a new acquisition
program baseline for the Warfighter Information Network-Tactical
Increment 3 program (in this section referred to as the ``WIN-T
Increment 3 program'').
(2) Completion of the independent cost estimate for the WIN-
T Increment 3 program by the Cost Analysis Improvement
[[Page 122 STAT. 4387]]
Group, as required by the June 5, 2007, recertification by the
Under Secretary.
(3) Completion of the technology readiness assessment of the
WIN-T Increment 3 program by the Director, Defense Research and
Engineering, as required by the June 5, 2007, recertification by
the Under Secretary.
(c) Restriction on Obligation of Funds Pending Notification.--Of the
amounts appropriated pursuant to an authorization of appropriations in
this Act or otherwise made available for research, development, test,
and evaluation, Army, for fiscal year 2009 for the WIN-T Increment 3
program, not more than 50 percent of those amounts may be obligated or
expended until 15 days after the date on which the notification required
by subsection (a) is received by the congressional defense committees.
SEC. 216. LIMITATION <<NOTE: 10 USC 2241 note.>> ON SOURCE OF
FUNDS FOR CERTAIN JOINT CARGO AIRCRAFT
EXPENDITURES.
(a) Limitation.--Of the amounts appropriated pursuant to an
authorization of appropriations in this Act or otherwise made available
for fiscal year 2009 or any fiscal year thereafter for the Army or the
Air Force, the Secretary of the Army and the Secretary of the Air Force
may fund relevant expenditures for the Joint Cargo Aircraft only through
amounts made available for procurement or for research, development,
test, and evaluation.
(b) Relevant Expenditures for the Joint Cargo Aircraft Defined.--In
this section, the term ``relevant expenditures for the Joint Cargo
Aircraft'' means expenditures relating to--
(1) support equipment;
(2) initial spares;
(3) training simulators;
(4) systems engineering and management; and
(5) post-production modifications.
SEC. 217. REQUIREMENT FOR PLAN ON OVERHEAD NONIMAGING INFRARED
SYSTEMS.
(a) In General.--The Secretary of Defense, in consultation with the
Director of National Intelligence, shall develop a comprehensive plan to
conduct and support research, development, and demonstration of
technologies that could evolve into the next generation of overhead
nonimaging infrared systems.
(b) Elements.--The plan required by subsection (a) shall include the
following:
(1) The research objectives to be achieved under the plan.
(2) A description of the research, development, and
demonstration activities under the plan.
(3) An estimate of the duration of the research,
development, and demonstration of technologies under the plan.
(4) The cost and duration of any flight or on-orbit
demonstrations of the technologies being developed.
(5) A plan for implementing any acquisition programs with
respect to technologies determined to be successful under the
plan.
(6) An identification of the date by which a decision must
be made to begin any follow-on programs and a justification for
the date identified.
(7) A schedule for completion of a full analysis of the on-
orbit performance characteristics of the Space-Based Infrared
System and the Space Tracking and Surveillance
[[Page 122 STAT. 4388]]
System, and an assessment of how the performance characteristics
of such systems will inform the decision to proceed to a next
generation overhead nonimaging infrared system.
(c) Limitation on Obligation and Expenditure of Funds for Third
Generation Infrared <<NOTE: Deadline.>> Surveillance Program.--Not more
than 50 percent of the amounts authorized to be appropriated for fiscal
year 2009 by section 201(3) for research, development, test, and
evaluation for the Air Force and available for the Third Generation
Infrared Surveillance program may be obligated or expended until the
date that is 30 days after the date on which the Secretary submits to
Congress the plan required by subsection (a).
SEC. 218. ADVANCED ENERGY STORAGE TECHNOLOGY AND MANUFACTURING.
(a) Roadmap Required.--The Secretary of Defense, acting through the
Director of Defense Research and Engineering, the Deputy Under Secretary
of Defense for Industrial Policy, and service acquisition executives,
shall, in coordination with the Secretary of Energy, develop a multi-
year roadmap to develop advanced energy storage technologies and sustain
domestic advanced energy storage technology manufacturing capabilities
and an assured supply chain necessary to ensure that the Department of
Defense has assured access to advanced energy storage technologies to
support current military requirements and emerging military needs.
(b) Elements.--The roadmap required by subsection (a) shall include,
but not be limited to, the following:
(1) An identification of current and future capability gaps,
performance enhancements, cost savings goals, and assured
technology access goals that require advances in energy storage
technology and manufacturing capabilities.
(2) Specific research, technology, and manufacturing goals
and milestones, and timelines and estimates of funding necessary
for achieving such goals and milestones.
(3) A summary of applications for energy storage
technologies by the Department of Defense and, for each type of
application, an assessment of the demand for such technologies,
in terms of quantity and military need.
(4) Specific mechanisms for coordinating the activities of
Federal agencies, State and local governments, coalition
partners, private industry, and academia covered by the roadmap.
(5) Such other matters as the Secretary of Defense and the
Secretary of Energy consider appropriate for purposes of the
roadmap.
(c) Coordination.--
(1) In general.--The roadmap required by subsection (a)
shall be developed in coordination with the military
departments, appropriate Defense Agencies and other elements and
organizations of the Department of Defense, other appropriate
Federal, State, and local government organizations, and
appropriate representatives of private industry and academia.
(2) Department of defense support.--The Secretary of Defense
shall ensure that appropriate elements and organizations of the
Department of Defense provide such information and other support
as is required for the development of the roadmap.
[[Page 122 STAT. 4389]]
(d) Submittal to Congress.--The Secretary of Defense shall submit to
the congressional defense committees the roadmap required by subsection
(a) not later than one year after the date of the enactment of this Act.
(e) Advanced Energy Storage Technology Initiative Investment
Summary.--Not <<NOTE: Deadline. Reports.>> later than 6 months after the
date of enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the expenditures for
energy storage technologies within the Department of Defense, Defense
Agencies, and military departments, for fiscal years 2008 and 2009 and
the projected expenditures for such technologies for fiscal year 2010.
SEC. 219. <<NOTE: 10 USC 2358 note.>> MECHANISMS TO PROVIDE FUNDS
FOR DEFENSE LABORATORIES FOR RESEARCH AND
DEVELOPMENT OF TECHNOLOGIES FOR MILITARY
MISSIONS.
(a) Mechanisms to Provide Funds.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall
establish mechanisms under which the director of a defense
laboratory may use an amount of funds equal to not more than
three percent of all funds available to the defense laboratory
for the following purposes:
(A) To fund innovative basic and applied research
that is conducted at the defense laboratory and supports
military missions.
(B) To fund development programs that support the
transition of technologies developed by the defense
laboratory into operational use.
(C) To fund workforce development activities that
improve the capacity of the defense laboratory to
recruit and retain personnel with needed scientific and
engineering expertise.
(2) Consultation required.--The mechanisms established under
paragraph (1) shall provide that funding shall be used under
paragraph (1) at the discretion of the director of a defense
laboratory in consultation with the science and technology
executive of the military department concerned.
(b) Annual Report on Use of Authority.--
(1) In general.--Not later than March 1 of each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on the use of the authority under subsection
(a) during the preceding year.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the year covered by such report, the
following:
(A) A description of the mechanisms used to provide
funding under subsection (a)(1).
(B) A statement of the amount of funding made
available to each defense laboratory for research
described under such subsection.
(C) A description of the investments made by each
defense laboratory using funds under such subsection.
(D) A description and assessment of any improvements
in the performance of the defense laboratories as a
result of investments under such subsection.
[[Page 122 STAT. 4390]]
(E) A description and assessment of the
contributions to the development of needed military
capabilities provided by research using funds under such
subsection.
(F) A description of any modification to the
mechanisms under subsection (a) that would improve the
efficacy of the authority under such subsection to
support military missions.
(c) Sunset.--The authority under subsection (a) shall expire on
October 1, 2013.
SEC. 220. REQUIREMENTS FOR CERTAIN AIRBORNE INTELLIGENCE
COLLECTION SYSTEMS.
(a) In General.--Except <<NOTE: Effective date.>> as provided
pursuant to subsection (b), effective as of October 1, 2012, each
airborne intelligence collection system of the Department of Defense
that is connected to the Distributed Common Ground/Surface System shall
have the capability to operate with the Network-Centric Collaborative
Targeting System.
(b) Exceptions.--The requirement in subsection (a) with respect to a
particular airborne intelligence collection system may be waived by the
Chairman of the Joint Requirements Oversight Council under section 181
of title 10, United States Code. Waivers under this subsection shall be
made on a case-by-case basis.
SEC. 221. LIMITATION ON OBLIGATION OF FUNDS FOR ENHANCED AN/TPQ-36
RADAR SYSTEM PENDING SUBMISSION OF REPORT.
Of the amounts appropriated pursuant to section 201(1) of this Act
or otherwise made available for fiscal year 2009 for research,
development, test, and evaluation, Army, for the Enhanced AN/TPQ-36
radar system, not more than 70 percent of the amounts remaining
unobligated as of the date of the enactment of this Act may be obligated
until the Secretary of the Army submits to the congressional defense
committees a report describing the plan to transition the Counter-
Rockets, Artillery, and Mortars program to a program of record.
Subtitle C--Missile Defense Programs
SEC. 231. ANNUAL DIRECTOR OF OPERATIONAL TEST AND EVALUATION
CHARACTERIZATION OF OPERATIONAL
EFFECTIVENESS, SUITABILITY, AND
SURVIVABILITY OF THE BALLISTIC MISSILE
DEFENSE SYSTEM.
(a) Annual Characterization.--Section 232(h) of the National Defense
Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is
amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Director of Operational Test and Evaluation shall also
each year characterize the operational effectiveness, suitability, and
survivability of the ballistic missile defense system, and its elements,
that have been fielded or tested before the end of the preceding fiscal
year.''; and
(3) in paragraph (3), as redesignated by paragraph (1) of
this subsection, by inserting ``and the characterization under
paragraph (2)'' after ``the assessment under paragraph (1)''.
[[Page 122 STAT. 4391]]
(b) Conforming Amendment.--The heading of such section is amended to
read as follows: ``Annual OT&E Assessment and Characterization of
Certain Ballistic Missile Defense Matters.--''.
(c) Effective Date.--The <<NOTE: 10 USC 2431 note.>> amendments made
by this section shall take effect on October 1, 2008, and shall apply
with respect to fiscal years beginning on or after that date.
SEC. 232. INDEPENDENT STUDY OF BOOST-PHASE MISSILE DEFENSE.
(a) Study.--Not <<NOTE: Deadline. Contracts.>> later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall enter into an agreement with the National Academy of Sciences to
conduct an independent study of concepts and systems for boost-phase
missile defense.
(b) Elements.--
(1) Content.--The study required by subsection (a) shall
address the following:
(A) The extent to which boost-phase missile defense
is technically feasible and practical.
(B) Whether any demonstration efforts by the
Department of Defense of boost-phase missile defense
technology existing as of the date of the study
(including the Airborne Laser and the Kinetic Energy
Interceptor) have a high probability of performing a
boost-phase missile defense mission in an operationally
effective, suitable, and survivable manner.
(2) Systems to be examined.--The study required by
subsection (a) shall examine each of the following systems:
(A) The Airborne Laser.
(B) The Kinetic Energy Interceptor (land-based and
sea-based options).
(C) Other existing boost-phase technology
demonstration programs.
(3) Factors to be evaluated.--The study shall evaluate each
system identified in paragraph (2) based on the following
factors:
(A) Technical capability of the system against
scenarios identified in paragraph (4).
(B) Operational issues, including operational
effectiveness.
(C) The results of key milestone tests conducted
prior to preparation of the report under subsection (c).
(D) Survivability.
(E) Suitability.
(F) Concept of operations, including basing
considerations.
(G) Operations and maintenance support.
(H) Command and control considerations, including
timelines for detection, decision-making, and
engagement.
(I) Shortfall from intercepts.
(J) Force structure requirements.
(K) Effectiveness against countermeasures.
(L) Estimated cost of sustaining the system in the
field.
(M) Reliability, availability, and maintainability.
[[Page 122 STAT. 4392]]
(N) Geographic considerations, including limitations
on the ability to deploy systems within operational
range of potential targets.
(O) Cost and cost-effectiveness, including total
lifecycle cost estimates.
(4) Scenarios to be assessed.--The study shall include an
assessment of each system identified in paragraph (2) regarding
the performance and operational capabilities of the system--
(A) to counter short-range, medium-range, and
intermediate-range ballistic missile threats from rogue
states to the deployed forces of the United States and
its allies; and
(B) to defend the territory of the United States
against limited ballistic missile attack.
(5) Comparison with non-boost systems.--The study shall
include an assessment of the performance and operational
capabilities of non-boost missile defense systems to counter the
scenarios identified in paragraph (4). The results under this
paragraph shall be compared to the results under paragraph (4).
For purposes of this paragraph, non-boost missile defense
systems include--
(A) the Patriot PAC-3 system and the Medium Extended
Air Defense System follow-on system;
(B) the Aegis Ballistic Missile Defense system, with
all variants of the Standard Missile-3 interceptor;
(C) the Terminal High Altitude Area Defense system;
and
(D) the Ground-based Midcourse Defense system.
(c) Report.--
(1) In general.--Upon the completion of the study required
by subsection (a), but not later than October 31, 2010, the
National Academy of Sciences shall submit to the Secretary of
Defense and the congressional defense committees a report on the
study. The report shall include such recommendations regarding
the future direction of the boost-phase ballistic missile
defense programs of the United States as the Academy considers
appropriate.
(2) Form.--The report under paragraph (1) shall be submitted
to the congressional defense committees in unclassified form,
but may include a classified annex.
(d) Funding.--Of the funds appropriated pursuant to the
authorization of appropriations in section 201(4) for research,
development, test, and evaluation, Defense-wide, and available for the
Missile Defense Agency, $3,500,000 may be available to conduct the study
required by subsection (a).
(e) Cooperation From Government.--In carrying out the study, the
National Academy of Sciences shall receive the full and timely
cooperation of the Secretary of Defense and any other Federal Government
official in providing the Academy with analyses, briefings, and other
information necessary for the fulfillment of its responsibilities.
[[Page 122 STAT. 4393]]
SEC. 233. <<NOTE: 10 USC 2431 note.>> LIMITATION ON AVAILABILITY
OF FUNDS FOR PROCUREMENT, CONSTRUCTION,
AND DEPLOYMENT OF MISSILE DEFENSES IN
EUROPE.
(a) General Limitation.--No funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense for
fiscal year 2009 or any fiscal year thereafter may be obligated or
expended for procurement, site activation, construction, preparation of
equipment for, or deployment of a long-range missile defense system in
Europe until the following conditions have been met:
(1) In the case of the proposed midcourse radar element of
such missile defense system, the host nation has signed and
ratified the missile defense basing agreement and status of
forces agreement that allow for the stationing in such nation of
the radar and personnel to carry out the proposed deployment.
(2) In the case of the proposed long-range missile defense
interceptor site element of such missile defense system--
(A) the condition in paragraph (1) has been met; and
(B) the host nation has signed and ratified the
missile defense basing agreement and status of forces
agreement that allow for the stationing in such nation
of the interceptor site and personnel to carry out the
proposed deployment.
(3) In the case of either element of such missile defense
system described in paragraph (1) or (2), 45 days have elapsed
following the receipt by the congressional defense committees of
the report required by section 226(c)(6) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 42).
(b) Additional <<NOTE: Reports. Certification.>> Limitation.--In
addition to the limitation in subsection (a), no funds authorized to be
appropriated by this Act or otherwise made available for the Department
of Defense for fiscal year 2009 may be obligated or expended for the
acquisition (other than initial long-lead procurement) or deployment of
operational missiles of a long-range missile defense system in Europe
until the Secretary of Defense, after receiving the views of the
Director of Operational Test and Evaluation, submits to the
congressional defense committees a report certifying that the proposed
interceptor to be deployed as part of such missile defense system has
demonstrated, through successful, operationally realistic flight
testing, a high probability of working in an operationally effective
manner and the ability to accomplish the mission.
(c) Construction.--Nothing in this section shall be construed to
limit continuing obligation and expenditure of funds for missile
defense, including for research and development and for other activities
not otherwise limited by subsection (a) or (b), including, but not
limited to, site surveys, studies, analysis, and planning and design for
the proposed missile defense deployment in Europe.
SEC. 234. REVIEW OF THE BALLISTIC MISSILE DEFENSE POLICY AND
STRATEGY OF THE UNITED STATES.
(a) Review Required.--The Secretary of Defense shall conduct a
review of the ballistic missile defense policy and strategy of the
United States.
(b) Elements.--The matters addressed by the review required by
subsection (a) shall include the following:
[[Page 122 STAT. 4394]]
(1) The ballistic missile defense policy of the United
States in relation to the overall national security policy of
the United States.
(2) The ballistic missile defense strategy and objectives of
the United States in relation to the national security strategy
of the United States and the military strategy of the United
States.
(3) The ballistic missile threat to the United States,
deployed forces of the United States, and friends and allies of
the United States from short, medium, intermediate, and long-
range ballistic missile threats.
(4) The organization, discharge, and oversight of
acquisition for the ballistic missile defense programs of the
United States.
(5) The roles and responsibilities of the Office of the
Secretary of Defense, defense agencies, combatant commands, the
Joint Chiefs of Staff, and the military departments in such
programs.
(6) The process for determining requirements for missile
defense capabilities under such programs, including input from
the joint military requirements process.
(7) The process for determining the force structure and
inventory objectives for such programs.
(8) Standards for the military utility, operational
effectiveness, suitability, and survivability of the ballistic
missile defense systems of the United States.
(9) The method in which resources for the ballistic missile
defense mission are planned, programmed, and budgeted within the
Department of Defense.
(10) The near-term and long-term affordability and cost-
effectiveness of such programs.
(11) The objectives, requirements, and standards for test
and evaluation with respect to such programs.
(12) Accountability, transparency, and oversight with
respect to such programs.
(13) The role of international cooperation on missile
defense in the ballistic missile defense policy and strategy of
the United States.
(14) Any other matters the Secretary determines relevant.
(c) Report.--
(1) In general.--Not later than January 31, 2010, the
Secretary shall submit to Congress a report setting forth the
results of the review required by subsection (a).
(2) Form.--The report required by this subsection shall be
in unclassified form, but may include a classified annex.
SEC. 235. AIRBORNE LASER SYSTEM.
(a) Report on Director of Operational Test and Evaluation Assessment
of Testing.--Not later than January 15, 2010, the Director of
Operational Test and Evaluation shall--
(1) review and evaluate the testing conducted on the first
Airborne Laser System aircraft, including the planned shoot-down
demonstration testing; and
(2) submit to the Secretary of Defense and to Congress an
assessment by the Director of the operational effectiveness,
suitability, and survivability of the Airborne Laser System.
(b) Limitation on Availability of Funds for Later Airborne Laser
System Aircraft.--No funds appropriated pursuant to an
[[Page 122 STAT. 4395]]
authorization of appropriations or otherwise made available for the
Department of Defense may be obligated or expended for the procurement
of a second or subsequent aircraft for the Airborne Laser System program
until the later of the following dates:
(1) The <<NOTE: Certification.>> date on which the Secretary
of Defense, after receiving the assessment under subsection
(a)(2), submits to Congress a certification that the Airborne
Laser System has demonstrated, through successful testing and
operational and cost analysis, a high probability of being
operationally effective, suitable, survivable, and affordable.
(2) <<NOTE: Deadline.>> The date that is 60 days after the
date on which Congress receives the independent assessment of
boost-phase missile defense required by section 232.
SEC. 236. ACTIVATION AND DEPLOYMENT OF AN/TPY-2 FORWARD-BASED X-
BAND RADAR.
(a) Availability of Funds.--Subject to subsection (b), of the amount
authorized to be appropriated by section 201(4) for research,
development, test, and evaluation, Defense-wide activities, up to
$89,000,000 may be available for Ballistic Missile Defense Sensors for
the activation and deployment of the AN/TPY-2 forward-based X-band radar
to a classified location.
(b) Limitation.--
(1) In general.--Funds <<NOTE: Reports.>> may not be
available under subsection (a) for the purpose specified in that
subsection until the Secretary of Defense submits to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the deployment of the AN/TPY-2
forward-based X-band radar as described in that subsection,
including:
(A) The location of deployment of the radar.
(B) A description of the operational parameters of
the deployment of the radar, including planning for
force protection.
(C) A description of any recurring and non-recurring
expenses associated with the deployment of the radar.
(D) A description of the cost-sharing arrangements
between the United States and the country in which the
radar will be deployed regarding the expenses described
in subparagraph (C).
(E) A description of the other terms and conditions
of the agreement between the United States and such
country regarding the deployment of the radar.
(2) Form.--The report under paragraph (1) shall be submitted
in unclassified form, but may include a classified annex.
Subtitle D--Reports
SEC. 241. BIENNIAL REPORTS ON JOINT AND SERVICE CONCEPT
DEVELOPMENT AND EXPERIMENTATION.
(a) In General.--Section 485 of title 10, United States Code, is
amended to read as follows:
``Sec. 485. Joint and service concept development and
experimentation
``(a) Biennial Reports Required.--Not later than January 1 of each
even numbered-year, the Secretary of Defense or the Secretary's designee
shall submit to the congressional defense
[[Page 122 STAT. 4396]]
committees a report on the conduct and outcomes of joint and service
concept development and experimentation.
``(b) Matters To Be Included.--Each report under subsection (a)
shall include the following:
``(1) A description of any changes since the latest report
submitted under this section to each of the following:
``(A) The organization of the Department of Defense
responsible for executing the mission of joint concept
development and experimentation, or its specific
authorities related to that mission.
``(B) The process for tasking forces (including
forces designated as joint experimentation forces) to
participate in joint concept development and
experimentation, and the specific authority of the
organization responsible for executing the mission of
joint concept development and experimentation over those
forces.
``(C) The resources provided for initial
implementation of joint concept development and
experimentation, the process for providing such
resources to the organization responsible for executing
the mission of joint concept development and
experimentation, the categories of funding for joint
concept development and experimentation, and the
authority of the organization responsible for executing
the mission of joint concept development and
experimentation for budget execution for such
activities.
``(D) The assigned role of the organization
responsible for executing the mission of joint concept
development and experimentation for--
``(i) integrating and testing in joint concept
development and experimentation the systems that
emerge from warfighting experimentation by the
armed forces and the Defense Agencies;
``(ii) assessing the effectiveness of
organizational structures, operational concepts,
and technologies relating to joint concept
development and experimentation; and
``(iii) assisting the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff in
setting priorities for requirements or acquisition
programs in light of joint concept development and
experimentation.
``(2) A description of the conduct of joint concept
development and experimentation activities, and of concept
development and experimentation activities of each of the
military departments, during the two-year period ending on the
date of such report, including--
``(A) the funding involved;
``(B) the number of activities engaged in;
``(C) the forces involved;
``(D) the national and homeland security challenges
addressed;
``(E) the operational concepts assessed;
``(F) the technologies assessed;
``(G) the scenarios and measures of effectiveness
utilized; and
``(H) specific interactions under such activities
with the commanders of the combatant commands and with
[[Page 122 STAT. 4397]]
other organizations and entities inside and outside the
Department.
``(3) A description of the conduct of joint concept
development and experimentation, and of the conduct of concept
development and experimentation by each of the military
departments, during the two-year period ending on the date of
such report with respect to the development of warfighting
concepts for operational scenarios more than 10 years in the
future, including--
``(A) the funding involved;
``(B) the number of activities engaged in;
``(C) the forces involved;
``(D) the challenges addressed;
``(E) the operational concepts assessed;
``(F) the technologies assessed;
``(G) the scenarios and measures of effectiveness
utilized; and
``(H) specific interactions with the commanders of
the combatant commands and with other organizations and
entities inside and outside the Department.
``(4) A description of the mechanisms used to coordinate
joint, service, interagency, Coalition, and other appropriate
concept development and experimentation activities.
``(5) An assessment of the return on investment in concept
development and experimentation activities, including a
description of the following:
``(A) Specific outcomes and impacts within the
Department of the results of past joint and service
concept development and experimentation in terms of new
doctrine, operational concepts, organization, training,
materiel, leadership, personnel, or the allocation of
resources, or in activities that terminated support for
legacy concepts, programs, or systems.
``(B) Specific actions taken to implement the
recommendations of the Commander of United States Joint
Forces Command based on joint concept development and
experimentation activities.
``(6) Such recommendations (based primarily on the results
of joint and service concept development and experimentation) as
the Secretary considers appropriate for enhancing the
development of joint warfighting capabilities by modifying
activities throughout the Department relating to--
``(A) the development or acquisition of specific
advanced technologies, systems, or weapons or systems
platforms;
``(B) key systems attributes and key performance
parameters for the development or acquisition of
advanced technologies and systems;
``(C) joint or service doctrine, organization,
training, materiel, leadership development, personnel,
or facilities;
``(D) the reduction or elimination of redundant
equipment and forces, including the synchronization of
the development and fielding of advanced technologies
among the armed forces to enable the development and
execution of joint operational concepts; and
``(E) the development or modification of initial
capabilities documents, operational requirements, and
relative
[[Page 122 STAT. 4398]]
priorities for acquisition programs to meet joint
requirements.
``(7) With respect to improving the effectiveness of joint
concept development and experimentation capabilities, such
recommendations (based primarily on the results of joint
warfighting experimentation) as the Secretary considers
appropriate regarding--
``(A) the conduct of, adequacy of resources for, or
development of technologies to support such
capabilities; and
``(B) changes in support from other elements of the
Department responsible for concept development and
experimentation by joint or service organizations.
``(8) The coordination of the concept development and
experimentation activities of the Commander of the United States
Joint Forces Command with the activities of the Commander of the
North Atlantic Treaty Organization Supreme Allied Command
Transformation.
``(9) Any other matters that the Secretary consider
appropriate.
``(c) Coordination and Support.--The Secretary of Defense shall
ensure that the Secretaries of the military departments and the heads of
other appropriate elements of the Department of Defense provide such
information and support as is required for the preparation of the
reports required by this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 23 of such title is amended by striking the item relating to
section 485 and inserting the following new item:
``485. Joint and service concept development and experimentation.''.
SEC. 242. REPORT ON PARTICIPATION OF THE HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES AND MINORITY-
SERVING INSTITUTIONS IN RESEARCH AND
EDUCATIONAL PROGRAMS AND ACTIVITIES OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall carry out an
independent assessment of the participation of covered educational
institutions in research and educational programs and activities of the
Department of Defense.
(b) Report.--Not later than 12 months after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the assessment required
under subsection (a).
(c) Matters Included.--The report required under subsection (b)
shall include the following:
(1) A description of research, training, technical
assistance, infrastructure support, and educational programs and
activities conducted by the Department of Defense in support of
covered educational institutions.
(2) A survey of the level of participation of covered
educational institutions in programs described in paragraph (1),
and lessons learned from the survey.
(3) An assessment of the relevance, including outcomes and
effects, of the programs and activities identified in paragraph
(1) to the research and educational programs, activities, and
missions of the Department of Defense.
[[Page 122 STAT. 4399]]
(4) An assessment of additional activities by the Department
of Defense that support covered educational institutions whose
primary focus is the training and educating of minority
scientists, engineers, and technicians.
(5) An assessment of barriers to the participation of
covered educational institutions in the research and educational
programs and activities of the Department of Defense.
(6) Recommendations to increase the capacity of covered
educational institutions to participate in research and
educational programs and activities that are critical to the
national security functions of the Department of Defense.
(7) Any other matters the Secretary of Defense considers
appropriate.
(d) Cooperation of Defense Organizations.--The Secretary of Defense
shall ensure that the relevant elements of the Department of Defense
provide all information necessary for the completion of the assessment
required under subsection (a).
(e) Definitions.--In this section:
(1) The term ``covered educational institutions'' means--
(A) a historically Black college or university that
is a part B institution, as defined in section 322(2) of
the Higher Education Act of 1965 (20 U.S.C. 1061(2));
(B) a minority institution, as defined in section
365(3) of that Act (20 U.S.C. 1067k(3));
(C) a Hispanic-serving institution, as defined in
section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5));
(D) a Tribal College or University, as defined in
section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3));
and
(E) other minority postsecondary institutions.
(2) The term ``research and educational programs and
activities'' includes programs and activities relating to
research, development, test, and evaluation and education.
SEC. 243. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO FINDINGS AND
RECOMMENDATIONS OF THE DEFENSE SCIENCE
BOARD TASK FORCE ON DIRECTED ENERGY
WEAPONS.
(a) Report Required.--Not later than January 1, 2010, the Secretary
of Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report on the implementation of the recommendations of the Defense
Science Board Task Force on Directed Energy Weapons.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An analysis of each of the findings and recommendations
of the Defense Science Board Task Force on Directed Energy
Weapons.
(2) A detailed description of the response of the Department
of Defense to each finding and recommendation of the Task Force,
including--
(A) for each recommendation that is being
implemented or that the Secretary plans to implement--
(i) a summary of actions that have been taken
to implement such recommendation; and
[[Page 122 STAT. 4400]]
(ii) a schedule, with specific milestones, for
completing the implementation of such
recommendation; and
(B) for each recommendation that the Secretary does
not plan to implement--
(i) the reasons for the decision not to
implement such recommendation; and
(ii) a summary of the alternative actions the
Secretary plans to take to address the purposes
underlying such recommendation.
(3) A summary of any additional actions the Secretary plans
to take to address concerns raised by the Task Force.
Subtitle E--Other Matters
SEC. 251. MODIFICATION OF SYSTEMS SUBJECT TO SURVIVABILITY TESTING
OVERSIGHT BY THE DIRECTOR OF OPERATIONAL
TEST AND EVALUATION.
(a) Authority To Designate Additional Systems as Major Systems and
Programs Subject to Testing.--Section 2366(e)(1) of title 10, United
States Code, is amended to read as follows:
``(1) The term `covered system' means--
``(A) a vehicle, weapon platform, or conventional
weapon system that--
``(i) includes features designed to provide
some degree of protection to users in combat; and
``(ii) is a major system as defined in section
2302(5) of this title; or
``(B) any other system or program designated by the
Secretary of Defense for purposes of this section.''.
(b) Revision to Report Requirement.--Section 2366(d) of such title
is amended--
(1) by inserting ``(1)'' before ``At the conclusion''; and
(2) by adding at the end the following new paragraph:
``(2) If a decision is made within the Department of Defense to
proceed to operational use of a system, or to make procurement funds
available for a system, before Milestone C approval of that system, the
Secretary of Defense shall submit to the congressional defense
committees, as soon as practicable after such decision, the following:
``(A) A report describing the status of survivability and
live fire testing of that system.
``(B) The report required under paragraph (1).''.
(c) Force Protection Equipment.--Section 139(b) of such title is
amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) through (7) as
paragraphs (3) through (6), respectively.
SEC. 252. TECHNOLOGY-NEUTRAL INFORMATION TECHNOLOGY GUIDELINES AND
STANDARDS TO SUPPORT FULLY INTEROPERABLE
ELECTRONIC PERSONAL HEALTH INFORMATION FOR
THE DEPARTMENT OF DEFENSE AND DEPARTMENT
OF VETERANS AFFAIRS.
Section 1635 of the Wounded Warrior Act (title XVI of Public Law
110-181; 122 Stat. 460; 10 U.S.C. 1071 note) is amended--
[[Page 122 STAT. 4401]]
(1) in subsection (h)(1), by adding at the end the following
new subparagraphs:
``(C) A description and analysis of the level of
interoperability and security of technologies for
sharing healthcare information among the Department of
Defense, the Department of Veterans Affairs, and their
transaction partners.
``(D) A description and analysis of the problems the
Department of Defense and the Department of Veterans
Affairs are having with, and the progress such
departments are making toward, ensuring interoperable
and secure healthcare information systems and electronic
healthcare records.''; and
(2) by adding at the end the following new subsection:
``(j) Technology-Neutral Guidelines and Standards.--The Director, in
consultation with industry and appropriate Federal agencies, shall
develop, or shall adopt from industry, technology-neutral information
technology infrastructure guidelines and standards for use by the
Department of Defense and the Department of Veterans Affairs to enable
those departments to effectively select and utilize information
technologies to meet the requirements of this section.''.
SEC. 253. ASSESSMENT OF TECHNOLOGY TRANSITION PROGRAMS AND REPEAL
OF REPORTING REQUIREMENT.
(a) Assessment and Report Required.--
(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall assess the
feasibility of consolidating the various technology transition
programs in the Department of Defense into a unified effort
managed by a senior official of the Department.
(2) Programs included.--The assessment required by paragraph
(1) shall include--
(A) the technology transition programs managed or
overseen by the Secretary of Defense; and
(B) as the Under Secretary considers appropriate,
the technology transition programs of the military
departments.
(3) Report.--Not later than October 1, 2009, the Under
Secretary shall submit to the congressional defense committees a
report on the assessment required by paragraph (1). The report
shall include the following:
(A) A description of each of the technology
transition programs considered as part of the
assessment.
(B) An evaluation of the extent to which each
technology transition program fulfills its intended
mission and supports effective and efficient technology
transition.
(C) For each technology transition program
considered in the assessment, a summary of the funding
available for the five fiscal years preceding the date
on which the report is submitted.
(D) The conclusion of the Under Secretary as to
whether there are any benefits in consolidating the
technology transition programs into a unified effort
managed by a senior official of the Department of
Defense.
(E) Recommendations to add, repeal, or amend
statutes or regulations in order to more effectively
enable technology transition.
[[Page 122 STAT. 4402]]
(F) Recommendations regarding the appropriate
management structure, fiscal controls, and stakeholder
engagement required to ensure that a unified technology
transition program will cost-effectively and efficiently
enable technology transition.
(b) Reporting Requirement Repealed.--Section 2359a of title 10,
United States Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
SEC. 254. <<NOTE: 10 USC 2302 note.>> TRUSTED DEFENSE SYSTEMS.
(a) Vulnerability Assessment Required.--The Secretary of Defense
shall conduct an assessment of selected covered acquisition programs to
identify vulnerabilities in the supply chain of each program's
electronics and information processing systems that potentially
compromise the level of trust in the systems. Such assessment shall--
(1) identify vulnerabilities at multiple levels of the
electronics and information processing systems of the selected
programs, including microcircuits, software, and firmware;
(2) prioritize the potential vulnerabilities and effects of
the various elements and stages of the system supply chain to
identify the most effective balance of investments to minimize
the effects of compromise;
(3) provide recommendations regarding ways of managing
supply chain risk for covered acquisition programs; and
(4) identify the appropriate lead person, and supporting
elements, within the Department of Defense for the development
of an integrated strategy for managing risk in the supply chain
for covered acquisition programs.
(b) Assessment of Methods for Verifying the Trust of Semiconductors
Procured From Commercial Sources.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics, in consultation with appropriate
elements of the Department of Defense, the intelligence community,
private industry, and academia, shall conduct an assessment of various
methods of verifying the trust of semiconductors procured by the
Department of Defense from commercial sources for use in mission-
critical components of potentially vulnerable defense systems. The
assessment shall include the following:
(1) An identification of various methods of verifying the
trust of semiconductors, including methods under development at
the Defense Agencies, government laboratories, institutions of
higher education, and in the private sector.
(2) A determination of the methods identified under
paragraph (1) that are most suitable for the Department of
Defense.
(3) An assessment of the additional research and technology
development needed to develop methods of verifying the trust of
semiconductors that meet the needs of the Department of Defense.
(4) Any other matters that the Under Secretary considers
appropriate.
(c) Strategy Required.--
(1) In general.--The lead person identified under subsection
(a)(4), in cooperation with the supporting elements also
identified under such subsection, shall develop an integrated
strategy--
[[Page 122 STAT. 4403]]
(A) for managing risk--
(i) in the supply chain of electronics and
information processing systems for covered
acquisition programs; and
(ii) in the procurement of semiconductors; and
(B) that ensures dependable, continuous, long-term
access and trust for all mission-critical semiconductors
procured from both foreign and domestic sources.
(2) Requirements.--At a minimum, the strategy shall--
(A) address the vulnerabilities identified by the
assessment under subsection (a);
(B) reflect the priorities identified by such
assessment;
(C) provide guidance for the planning, programming,
budgeting, and execution process in order to ensure that
covered acquisition programs have the necessary
resources to implement all appropriate elements of the
strategy;
(D) promote the use of verification tools, as
appropriate, for ensuring trust of commercially acquired
systems;
(E) increase use of trusted foundry services, as
appropriate; and
(F) ensure sufficient oversight in implementation of
the plan.
(d) Policies and Actions for Assuring Trust in Integrated
Circuits.--Not <<NOTE: Deadline.>> later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall--
(1) develop policy requiring that trust assurance be a high
priority for covered acquisition programs in all phases of the
electronic component supply chain and integrated circuit
development and production process, including design and design
tools, fabrication of the semiconductors, packaging, final
assembly, and test;
(2) develop policy requiring that programs whose electronics
and information systems are determined to be vital to
operational readiness or mission effectiveness are to employ
trusted foundry services to fabricate their custom designed
integrated circuits, unless the Secretary specifically
authorizes otherwise;
(3) incorporate the strategies and policies of the
Department of Defense regarding development and use of trusted
integrated circuits into all relevant Department directives and
instructions related to the acquisition of integrated circuits
and programs that use such circuits; and
(4) take actions to promote the use and development of tools
that verify the trust in all phases of the integrated circuit
development and production process of mission-critical parts
acquired from non-trusted sources.
(e) Submission to Congress.--Not <<NOTE: Deadline.>> later than 12
months after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees--
(1) the assessments required by subsections (a) and (b);
(2) the strategy required by subsection (c); and
(3) a description of the policies developed and actions
taken under subsection (d).
(f) Definitions.--In this section:
(1) The term ``covered acquisition programs'' means an
acquisition program of the Department of Defense that is a major
system for purposes of section 2302(5) of title 10, United
States Code.
[[Page 122 STAT. 4404]]
(2) The terms ``trust'' and ``trusted'' refer, with respect
to electronic and information processing systems, to the ability
of the Department of Defense to have confidence that the systems
function as intended and are free of exploitable
vulnerabilities, either intentionally or unintentionally
designed or inserted as part of the system at any time during
its life cycle.
(3) The term ``trusted foundry services'' means the program
of the National Security Agency and the Department of Defense,
or any similar program approved by the Secretary of Defense, for
the development and manufacture of integrated circuits for
critical defense systems in secure industrial environments.
SEC. 255. CAPABILITIES-BASED ASSESSMENT TO OUTLINE A JOINT
APPROACH FOR FUTURE DEVELOPMENT OF
VERTICAL LIFT AIRCRAFT AND ROTORCRAFT.
(a) Assessment Required.--The Secretary of Defense and the Chairman
of the Joint Chiefs of Staff shall carry out a capabilities-based
assessment that outlines a joint approach to the future development of
vertical lift aircraft and rotorcraft for all of the Armed Forces. The
assessment shall--
(1) address critical technologies required for future
development, including a technology roadmap;
(2) include the development of a detailed science and
technology investment and implementation plan and an
identification of the resources required to implement such plan;
and
(3) include the development of a strategic plan that--
(A) formalizes the strategic vision of the
Department of Defense for the next generation of
vertical lift aircraft and rotorcraft;
(B) establishes joint requirements for the next
generation of vertical lift aircraft and rotorcraft
technology; and
(C) emphasizes the development of common service
requirements.
(b) Report.--The Secretary and the Chairman shall submit to the
congressional defense committees a report on the assessment under
subsection (a). The report shall include--
(1) the technology roadmap referred to in subsection (a)(1);
(2) the plan and the identification of resources referred to
in subsection (a)(2);
(3) the strategic plan referred to in subsection (a)(3); and
(4) a detailed plan to establish a Joint Vertical Lift
Aircraft/Rotorcraft Office based on lessons learned from the
Joint Advanced Strike Technology Office.
SEC. 256. <<NOTE: 10 USC 2501 note.>> EXECUTIVE AGENT FOR PRINTED
CIRCUIT BOARD TECHNOLOGY.
(a) Executive Agent.--Not <<NOTE: Deadline. Designation.>> later
than 90 days after the date of the enactment of this Act, the Secretary
of Defense shall designate a senior official of the Department of
Defense to act as the executive agent for printed circuit board
technology.
(b) Roles, Responsibilities, and Authorities.--
(1) Establishment.--Not <<NOTE: Deadline.>> later than one
year after the date of the enactment of this Act, and in
accordance with Directive 5101.1, the Secretary of Defense shall
prescribe the roles, responsibilities, and authorities of the
executive agent designated under subsection (a).
[[Page 122 STAT. 4405]]
(2) Specification.--The roles and responsibilities of the
executive agent designated under subsection (a) shall include
each of the following:
(A) Development and maintenance of a printed circuit
board and interconnect technology roadmap that ensures
that the Department of Defense has access to the
manufacturing capabilities and technical expertise
necessary to meet future military requirements regarding
such technology.
(B) Development of recommended funding strategies
necessary to meet the requirements of the roadmap
developed under subparagraph (A).
(C) Assessment of the vulnerabilities,
trustworthiness, and diversity of the printed circuit
board supply chain, including the development of
trustworthiness requirements for printed circuit boards
used in defense systems, and to develop strategies to
address matters that are identified as a result of such
assessment.
(D) Such other roles and responsibilities as the
Secretary of Defense considers appropriate.
(c) Support Within Department of Defense.--In accordance with
Directive 5101.1, the Secretary of Defense shall ensure that the
military departments, Defense Agencies, and other components of the
Department of Defense provide the executive agent designated under
subsection (a) with the appropriate support and resources needed to
perform the roles, responsibilities, and authorities of the executive
agent.
(d) Definitions.--In this section:
(1) The term ``Directive 5101.1'' means Department of
Defense Directive 5101.1, or any successor directive relating to
the responsibilities of an executive agent of the Department of
Defense.
(2) The term ``executive agent'' has the meaning given the
term ``DoD Executive Agent'' in Directive 5101.1.
SEC. 257. REVIEW OF CONVENTIONAL PROMPT GLOBAL STRIKE TECHNOLOGY
APPLICATIONS AND CONCEPTS.
(a) Availability of Funds for Prompt Global Strike Capability
Development.--Notwithstanding any other provision of this Act, funds for
conventional prompt global strike capability development are authorized
by this Act only for those activities expressly delineated in the
expenditure plan for fiscal years 2008 and 2009 that was required by
section 243 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 51; 10 U.S.C. 113 note) and
submitted to the congressional defense committees and dated March 24,
2008, those activities for which funds are authorized to be appropriated
in this Act, or those activities otherwise expressly authorized by
Congress.
(b) Report on Technology Applications.--Not later than April 1,
2009, the Secretary of Defense shall submit to the congressional defense
committees a report that contains--
(1) a description of the technology applications developed
pursuant to conventional prompt global strike activities during
fiscal year 2009; and
(2) for each such technology application, the conventional
prompt global strike concept towards which the application could
be applied.
[[Page 122 STAT. 4406]]
(c) Review of Conventional Prompt Global Strike Concepts.--The
Secretary of Defense shall, in consultation with the Secretary of State,
conduct a review of each nonnuclear prompt global strike concept with
respect to which the President requests funding in the budget of the
President for fiscal year 2010 (as submitted to Congress pursuant to
section 1105 of title 31, United States Code).
(d) Elements of Review.--The review required by subsection (c) shall
include, for each concept described in that subsection, the following:
(1) The full cost of demonstrating such concept.
(2) An assessment of any policy, legal, or treaty-related
issues that could arise during the course of, or as a result of,
deployment of each concept and recommendations to address such
issues.
(3) The extent to which the concept could be misconstrued as
a nuclear weapon or delivery system and recommendations to
mitigate the risk of such a misconstrual.
(4) An assessment of the potential basing and deployment
options for the concept.
(5) A description of the types of targets against which the
concept might be used.
(6) An assessment of the adequacy of the intelligence that
would be needed to support an attack involving the concept.
(e) Report on Conventional Prompt Global Strike Concepts.--Not later
than September 1, 2009, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth the results of
the review required by subsection (c).
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions
Sec. 311. Authorization for Department of Defense participation in
conservation banking programs.
Sec. 312. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund Site,
Moses Lake, Washington.
Sec. 313. Expand cooperative agreement authority for management of
natural resources to include off-installation mitigation.
Sec. 314. Expedited use of appropriate technology related to unexploded
ordnance detection.
Sec. 315. Closed loop re-refining of used motor vehicle lubricating oil.
Sec. 316. Comprehensive program for the eradication of the brown tree
snake population from military facilities in Guam.
Subtitle C--Workplace and Depot Issues
Sec. 321. Comprehensive analysis and development of single Government-
wide definition of inherently governmental function and
criteria for critical functions.
Sec. 322. Study on future depot capability.
Sec. 323. Government Accountability Office review of high-performing
organizations.
Sec. 324. Consolidation of Air Force and Air National Guard aircraft
maintenance.
Sec. 325. Report on Air Force civilian personnel consolidation plan.
Sec. 326. Report on reduction in number of firefighters on Air Force
bases.
Sec. 327. Minimum capital investment for certain depots.
[[Page 122 STAT. 4407]]
Subtitle D--Energy Security
Sec. 331. Annual report on operational energy management and
implementation of operational energy strategy.
Sec. 332. Consideration of fuel logistics support requirements in
planning, requirements development, and acquisition
processes.
Sec. 333. Study on solar and wind energy for use for expeditionary
forces.
Sec. 334. Study on alternative and synthetic fuels.
Sec. 335. Mitigation of power outage risks for Department of Defense
facilities and activities.
Subtitle E--Reports
Sec. 341. Comptroller General report on readiness of Armed Forces.
Sec. 342. Report on plan to enhance combat skills of Navy and Air Force
personnel.
Sec. 343. Comptroller General report on the use of the Army Reserve and
National Guard as an operational reserve.
Sec. 344. Comptroller General report on link between preparation and use
of Army reserve component forces to support ongoing
operations.
Sec. 345. Comptroller General report on adequacy of funding, staffing,
and organization of Department of Defense Military Munitions
Response Program.
Subtitle F--Other Matters
Sec. 351. Extension of Enterprise Transition Plan reporting requirement.
Sec. 352. Demilitarization of loaned, given, or exchanged documents,
historical artifacts, and condemned or obsolete combat
materiel.
Sec. 353. Repeal of requirement that Secretary of Air Force provide
training and support to other military departments for A-10
aircraft.
Sec. 354. Display of annual budget requirements for Air Sovereignty
Alert Mission.
Sec. 355. Revision of certain Air Force regulations required.
Sec. 356. Transfer of C-12 aircraft to California Department of Forestry
and Fire Protection.
Sec. 357. Limitation on treatment of retired B-52 aircraft for Air
Combat Command headquarters.
Sec. 358. Increase of domestic breeding of military working dogs used by
the Department of Defense.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $31,251,702,000.
(2) For the Navy, $34,850,310,000.
(3) For the Marine Corps, $5,604,254,000.
(4) For the Air Force, $35,454,487,000.
(5) For Defense-wide activities, $25,948,864,000.
(6) For the Army Reserve, $2,642,341,000.
(7) For the Naval Reserve, $1,311,085,000.
(8) For the Marine Corps Reserve, $213,131,000.
(9) For the Air Force Reserve, $3,150,692,000.
(10) For the Army National Guard, $5,893,546,000.
(11) For the Air National Guard, $5,882,326,000.
(12) For the United States Court of Appeals for the Armed
Forces, $13,254,000.
(13) For Environmental Restoration, Army, $447,776,000.
(14) For Environmental Restoration, Navy, $290,819,000.
(15) For Environmental Restoration, Air Force, $496,277,000.
(16) For Environmental Restoration, Defense-wide,
$13,175,000.
[[Page 122 STAT. 4408]]
(17) For Environmental Restoration, Formerly Used Defense
Sites, $257,796,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $83,273,000.
(19) For Cooperative Threat Reduction programs,
$434,135,000.
(20) For the Overseas Contingency Operations Transfer Fund,
$9,101,000.
Subtitle B--Environmental Provisions
SEC. 311. AUTHORIZATION FOR DEPARTMENT OF DEFENSE PARTICIPATION IN
CONSERVATION BANKING PROGRAMS.
(a) Participation Authorized.--Chapter 159 of title 10, United
States Code, is amended by inserting after section 2694b the following
new section:
``Sec. 2694c. Participation in conservation banking programs
``(a) Authority to Participate.--Subject to the availability of
appropriated funds to carry out this section, the Secretary concerned,
when engaged or proposing to engage in an activity described in
subsection (b) that may or will result in an adverse impact to one or
more species protected (or pending protection) under any applicable
provision of law, or habitat for such species, may make payments to a
conservation banking program or `in-lieu-fee' mitigation sponsor
approved in accordance with--
``(1) the Federal Guidance for the Establishment, Use and
Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28,
1995);
``(2) the Guidance for the Establishment, Use, and Operation
of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003);
``(3) the Federal Guidance on the Use of In-Lieu-Fee
Arrangements for Compensatory Mitigation Under Section 404 of
the Clean Water Act and Section 10 of the Rivers and Harbors Act
(65 Fed. Reg. 66915; November 7, 2000); or
``(4) any successor or related administrative guidance or
regulation.
``(b) Covered Activities.--Payments to a conservation banking
program or `in-lieu-fee' mitigation sponsor under subsection (a) may be
made only for the purpose of facilitating one or more of the following
activities:
``(1) Military testing, operations, training, or other
military activity.
``(2) Military construction.
``(c) Treatment of Amounts for Conservation Banking.--Payments made
under subsection (a) to a conservation banking program or `in-lieu-fee'
mitigation sponsor for the purpose of facilitating military construction
may be treated as eligible costs of the military construction project.
``(d) Secretary Concerned Defined.--In this section, the term
`Secretary concerned' means--
``(1) the Secretary of a military department; and
``(2) the Secretary of Defense with respect to a Defense
Agency.''.
[[Page 122 STAT. 4409]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2694b the following new item:
``2694c. Participation in conservation banking programs.''.
(c) Effective Date.--Section <<NOTE: 10 USC 2694c note.>> 2694c of
title 10, United States Code, as added by subsection (a), shall take
effect on October 1, 2008, and only funds appropriated for fiscal years
beginning after September 30, 2008, may be used to carry out such
section.
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR
CERTAIN COSTS IN CONNECTION WITH MOSES
LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE,
WASHINGTON.
(a) Authority To Reimburse.--
(1) Transfer amount.--Using funds described in subsection
(b) and notwithstanding section 2215 of title 10, United States
Code, the Secretary of Defense may transfer not more than
$64,049.40 during fiscal year 2009 to the Moses Lake Wellfield
Superfund Site 10-6J Special Account.
(2) Purpose of reimbursement.--The payment under paragraph
(1) is to reimburse the Environmental Protection Agency for its
costs incurred in overseeing a remedial investigation/
feasibility study performed by the Department of the Army under
the Defense Environmental Restoration Program at the former
Larson Air Force Base, Moses Lake Superfund Site, Moses Lake,
Washington.
(3) Interagency agreement.--The reimbursement described in
paragraph (2) is provided for in the interagency agreement
entered into by the Department of the Army and the Environmental
Protection Agency for the Moses Lake Wellfield Superfund Site in
March 1999.
(b) Source of Funds.--Any payment under subsection (a) shall be made
using funds authorized to be appropriated by section 301(17) for
operation and maintenance for Environmental Restoration, Formerly Used
Defense Sites.
(c) Use of Funds.--The Environmental Protection Agency shall use the
amount transferred under subsection (a) to pay costs incurred by the
Agency at the Moses Lake Wellfield Superfund Site.
SEC. 313. EXPAND COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF
NATURAL RESOURCES TO INCLUDE OFF-
INSTALLATION MITIGATION.
Section 103a(a) of the Sikes Act (16 U.S.C. 670c-1(a)) is amended--
(1) by striking ``to provide for the'' and inserting ``to
provide for the following:
``(1) The''; and
(2) by adding at the end the following new paragraph:
``(2) The maintenance and improvement of natural resources
located off of a Department of Defense installation if the
purpose of the cooperative agreement is to relieve or eliminate
current or anticipated challenges that could restrict, impede,
or otherwise interfere with, whether directly or indirectly,
current or anticipated military activities.''.
[[Page 122 STAT. 4410]]
SEC. 314. <<NOTE: 10 USC 2710 note.>> EXPEDITED USE OF APPROPRIATE
TECHNOLOGY RELATED TO UNEXPLODED ORDNANCE
DETECTION.
(a) Expedited Use of Appropriate Technologies.--The Secretary shall
expedite the use of appropriate unexploded ordnance detection instrument
technology developed through research funded by the Department of
Defense or developed by entities other than the Department of Defense.
(b) Report.--Not later than October 1, 2009, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report
describing and evaluating the following:
(1) The amounts allocated for research, development, test,
and evaluation for unexploded ordnance detection technologies.
(2) The amounts allocated for transition of new unexploded
ordnance detection technologies.
(3) Activities undertaken by the Department to transition
such technologies and train operators on emerging detection
instrument technologies.
(4) Any impediments to the transition of new unexploded
ordnance detection instrument technologies to regular operation
in remediation programs.
(5) The transfer of such technologies to private sector
entities involved in the detection of unexploded ordnance.
(6) Activities undertaken by the Department to raise public
awareness regarding unexploded ordnance.
(c) Unexploded Ordnance Defined.--In this section, the term
``unexploded ordnance'' has the meaning given such term in section
101(e)(5) of title 10, United States Code.
SEC. 315. CLOSED LOOP RE-REFINING OF USED MOTOR VEHICLE
LUBRICATING OIL.
(a) Study and Evaluation.--Not <<NOTE: Deadline. Reports.>> later
than one year after the date of the enactment of this Act, the Secretary
of Defense shall submit to Congress a report which reviews the
Department of Defense's policies concerning the re-use, recycling, sale,
and disposal of used motor vehicle lubricating oil, and shall include in
the report an evaluation of the feasibility and desirability of
implementing policies to require re-use or recycling through closed loop
re-refining of used oil as a means of reducing total indirect energy
usage and greenhouse gas emissions.
(b) Definition.--For purposes of this section, the term ``closed
loop re-refining'' means the sale of used oil to entities that re-refine
used oil into base oil and vehicle lubricants that meet Department of
Defense and industry standards, and the purchase of re-refined oil
produced through such re-refining process.
SEC. 316. <<NOTE: 7 USC 8503 note.>> COMPREHENSIVE PROGRAM FOR THE
ERADICATION OF THE BROWN TREE SNAKE
POPULATION FROM MILITARY FACILITIES IN
GUAM.
The Secretary of Defense shall establish a comprehensive program to
control and, to the extent practicable, eradicate the brown tree snake
population from military facilities in Guam and to ensure that military
activities, including the transport of civilian and military personnel
and equipment to and from Guam, do not contribute to the spread of brown
tree snakes.
[[Page 122 STAT. 4411]]
Subtitle C--Workplace and Depot Issues
SEC. 321. <<NOTE: 31 USC 501 note.>> COMPREHENSIVE ANALYSIS AND
DEVELOPMENT OF SINGLE GOVERNMENT-WIDE
DEFINITION OF INHERENTLY GOVERNMENTAL
FUNCTION AND CRITERIA FOR CRITICAL
FUNCTIONS.
(a) Development and Implementation.--The Director of the Office of
Management and Budget, in consultation with appropriate representatives
of the Chief Acquisition Officers Council under section 16A of the
Office of Federal Procurement Policy Act (41 U.S.C. 414b) and the Chief
Human Capital Officers Council under section 1401 of title 5, United
States Code, shall--
(1) review the definitions of the term ``inherently
governmental function'' described in subsection (b) to determine
whether such definitions are sufficiently focused to ensure that
only officers or employees of the Federal Government or members
of the Armed Forces perform inherently governmental functions or
other critical functions necessary for the mission of a Federal
department or agency;
(2) develop a single consistent definition for such term
that would--
(A) address any deficiencies in the existing
definitions, as determined pursuant to paragraph (1);
(B) reasonably apply to all Federal departments and
agencies; and
(C) ensure that the head of each such department or
agency is able to identify each position within that
department or agency that exercises an inherently
governmental function and should only be performed by
officers or employees of the Federal Government or
members of the Armed Forces;
(3) develop criteria to be used by the head of each such
department or agency to--
(A) identify critical functions with respect to the
unique missions and structure of that department or
agency; and
(B) identify each position within that department or
agency that, while the position may not exercise an
inherently governmental function, nevertheless should
only be performed by officers or employees of the
Federal Government or members of the Armed Forces to
ensure the department or agency maintains control of its
mission and operations;
(4) in addition to the actions described under paragraphs
(1), (2), and (3), provide criteria that would identify
positions within Federal departments and agencies that are to be
performed by officers or employees of the Federal Government or
members of the Armed Forces to ensure that the head of each
Federal department or agency--
(A) develops and maintains sufficient organic
expertise and technical capability;
(B) develops guidance to implement the definition of
inherently governmental as described in paragraph (2)
and the criteria for critical functions as described in
paragraph (3) in a manner that is consistent with agency
missions and operational goals; and
[[Page 122 STAT. 4412]]
(C) develops guidance to manage internal decisions
regarding staffing in an integrated manner to ensure
officers or employees of the Federal Government or
members of the Armed Forces are filling critical
management roles by identifying--
(i) functions, activities, or positions, or
some combination thereof, or
(ii) additional mechanisms and factors,
including the management or oversight of awarded
contracts, statutory mandates, and international
obligations; and
(5) solicit the views of the public regarding the matters
identified in this section.
(b) Definitions of Inherently Governmental Function.--The
definitions of inherently governmental function described in this
subsection are the definitions of such term that are contained in--
(1) the Federal Activities Inventory Reform Act of 1998
(Public Law 105-270; 31 U.S.C. 501 note);
(2) section 2383 of title 10, United States Code;
(3) Office of Management and Budget Circular A-76;
(4) the Federal Acquisition Regulation; and
(5) any other relevant Federal law or regulation, as
determined by the Director of the Office of Management and
Budget in consultation with the Chief Acquisition Officers
Council and the Chief Human Capital Officers Council.
(c) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Chief Acquisition Officers Council and
the Chief Human Capital Officers Council, shall submit to the Committees
on Armed Services of the Senate and House of Representatives, the
Committee on Homeland Security and Governmental Affairs in the Senate,
and the Committee on Oversight and Government Reform of the House of
Representatives a report on the actions taken by the Director under this
section. Such report shall contain each of the following:
(1) A description of the actions taken by the Director under
this section to develop a single definition of inherently
governmental function and criteria for critical functions.
(2) Such legislative recommendations as the Director
determines are necessary to further the purposes of this
section.
(3) A description of such steps as may be necessary--
(A) to ensure that the single definition and
criteria developed under this section are consistently
applied through all Federal regulations, circulars,
policy letters, agency guidance, and other documents;
(B) to repeal any existing Federal regulations,
circular, policy letters, agency guidance and other
documents determined to be superseded by the definition
and criteria developed under this section; and
(C) to develop any necessary implementing guidance
under this section for agency staffing and contracting
decisions, along with appropriate milestones.
(d) Regulations.--Not <<NOTE: Deadline.>> later than 180 days after
submission of the report required by subsection (c), the Director of the
Office of Management and Budget shall issue regulations to implement
actions taken under this section to develop a single definition of
inherently governmental function and criteria for critical functions.
[[Page 122 STAT. 4413]]
SEC. 322. STUDY ON FUTURE DEPOT CAPABILITY.
(a) Study Required.--Not <<NOTE: Deadline. Contracts.>> later than
30 days after the date of the enactment of this Act, the Secretary of
Defense shall enter into a contract with an independent research entity
that is a not-for-profit entity or a federally-funded research and
development center with appropriate expertise in logistics and logistics
analytical capability to carry out a study on the capability and
efficiency of the depots of the Department of Defense to provide the
logistics capabilities and capacity necessary for national defense.
(b) Contents of Study.--The study carried out under subsection (a)
shall--
(1) be a quantitative analysis of the post-reset Department
of Defense depot capability required to provide life cycle
sustainment of military legacy systems and new systems and
military equipment;
(2) take into consideration direct input from the Secretary
of Defense and the logistics and acquisition leadership of the
military departments, including materiel support and depot
commanders;
(3) take into consideration input from regular and reserve
components of the Armed Forces, both with respect to
requirements for sustainment-level maintenance and the
capability and capacity to perform depot-level maintenance and
repair;
(4) identify and address each type of activity carried out
at depots, installation directorates of logistics, regional
sustainment-level maintenance sites, reserve component
maintenance capability sites, theater equipment support centers,
and Army field support brigade capabilities;
(5) examine relevant guidance provided and regulations
prescribed by the Secretary of Defense and the Secretary of each
of the military departments, including with respect to
programming and budgeting and the annual budget displays
provided to Congress; and
(6) examine any relevant applicable laws, including the
relevant body of work performed by the Government Accountability
Office.
(c) Issues to Be Addressed.--The study required under subsection (a)
shall address each of the following issues with respect to depots and
depot capabilities:
(1) The life cycle sustainment maintenance strategies and
implementation plans of the Department of Defense and the
military departments that cover--
(A) the role of each type of maintenance activity;
(B) business operations;
(C) workload projection;
(D) outcome-based performance management objectives;
(E) the adequacy of information technology systems,
including workload management systems;
(F) the workforce, including skills required and
development;
(G) budget and fiscal planning policies; and
(H) capital investment strategies, including the
implementation of section 2476 of title 10, United
States Code.
(2) Current and future maintenance environments, including--
[[Page 122 STAT. 4414]]
(A) performance-based logistics;
(B) supply chain management;
(C) condition-based maintenance;
(D) reliability-based maintenance;
(E) consolidation and centralization, including--
(i) regionalization;
(ii) two-level maintenance; and
(iii) forward-based depot capacity;
(F) public-private partnerships;
(G) private-sector depot capability and capacity;
and
(H) the impact of proprietary technical
documentation.
(3) The adequate visibility of the maintenance workload of
each military department in reports submitted to Congress,
including--
(A) whether the depot budget lines in current budget
displays accurately reflect depot level workloads;
(B) the accuracy of core and 50/50 calculations;
(C) the usefulness of current reporting requirements
to the oversight function of senior military and
congressional leaders; and
(D) whether current budgetary guidelines provide
sufficient financial flexibility during the year of
execution to permit the heads of the military
departments to make best-value decisions between
maintenance activities.
(4) Such other information as determined relevant by the
entity carrying out the study.
(d) Availability of Information.--The Secretary of Defense and the
Secretaries of each of the military departments shall make available to
the entity carrying out the study under subsection (a) all necessary and
relevant information to allow the entity to conduct the study in a
quantitative and analytical manner.
(e) Reports to Committees on Armed Services.--
(1) Interim report.--The contract that the Secretary enters
into under subsection (a) shall provide that not later than one
year after the commencement of the study conducted under this
section, the chief executive officer of the entity that carries
out the study pursuant to the contract shall submit to the
Committees on Armed Services of the Senate and House of
Representatives an interim report on the study.
(2) Final report.--Such contract shall provide that not
later than 22 months after the date on which the Secretary of
Defense enters into the contract under subsection (a), the chief
executive officer of the entity that carries out the study
pursuant to the contract shall submit to the Committees on Armed
Services of the Senate and House of Representatives a final
report on the study. The report shall include each of the
following:
(A) A description of the depot maintenance
environment, as of the date of the conclusion of the
study, and the anticipated future environment, together
with the quantitative data used in conducting the
assessment of such environments under the study.
(B) Recommendations with respect to what would be
required to maintain, in a post-reset environment, an
efficient and enduring Department of Defense depot
capability necessary for national defense.
[[Page 122 STAT. 4415]]
(C) Recommendations with respect to any changes to
any applicable law that would be appropriate for a post-
reset depot maintenance environment.
(D) Recommendations with respect to the methodology
of the Department of Defense for determining core
logistics requirements, including an assessment of risk.
(E) Proposed business rules that would provide
incentives for the Secretary of Defense and the
Secretaries of the military departments to keep
Department of Defense depots efficient and cost
effective, including the workload level required for
efficiency.
(F) A proposed strategy for enabling, requiring, and
monitoring the ability of the Department of Defense
depots to produce performance-driven outcomes and meet
materiel readiness goals with respect to availability,
reliability, total ownership cost, and repair cycle
time.
(G) Comments provided by the Secretary of Defense
and the Secretaries of the military departments on the
findings and recommendations of the study.
(f) Comptroller General <<NOTE: Deadline. Assessments.>> Review.--
Not later than 90 days after the date on which the report under
subsection (e)(2) is submitted, the Comptroller General shall review the
report and submit to the Committees on Armed Services of the Senate and
House of Representatives an assessment of the feasibility of the
recommendations and whether the findings are supported by the data and
information examined.
(g) Definitions.--In this section:
(1) The term ``depot-level maintenance and repair'' has the
meaning given that term under section 2460 of title 10, United
States Code.
(2) The term ``reset'' means actions taken to repair,
enhance, or replace military equipment used in support of
operations underway as of the date of the enactment of this Act
and associated sustainment.
(3) The term ``military equipment'' includes all weapon
systems, weapon platforms, vehicles and munitions of the
Department of Defense, and the components of such items.
SEC. 323. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF HIGH-
PERFORMING ORGANIZATIONS.
Not <<NOTE: Deadline.>> later than 120 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a review on the high-performing
organization initiatives of the Department of Defense. The review shall
include each of the following for each such initiative reviewed:
(1) Any policies or guidance developed to implement the
initiative.
(2) Whether the initiative was undertaken pursuant to the
pilot project under section 337 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10
U.S.C. 113 note) or under Office of Management and Budget
Circular A-76.
(3) The cost of development and implementation of the
initiative.
(4) Any cost savings and overall financial improvements
promised or realized by reason of the initiative and an analysis
of how such savings or improvements were calculated.
[[Page 122 STAT. 4416]]
(5) Whether criteria were developed to measure the
performance, efficiency, and effectiveness improvements of the
initiative.
(6) The effect of the initiative on the workforce, including
any relocations, change in collective bargaining status, or
reductions in force that may have resulted.
(7) Whether and to what extent employees and their
representatives were consulted in the development and
implementation of the initiative.
SEC. 324. <<NOTE: 10 USC 8062 note.>> CONSOLIDATION OF AIR FORCE
AND AIR NATIONAL GUARD AIRCRAFT
MAINTENANCE.
(a) Restriction on Implementation of Consolidation.--The Secretary
of the Air Force shall not implement the consolidation of aircraft
repair facilities and personnel of the active Air Force with aircraft
repair facilities and personnel of the Air National Guard or the
consolidation of aircraft repair facilities and personnel of the Air
National Guard with aircraft repair facilities and personnel of the
active Air Force unless and until the Secretary of the Air Force submits
the reports required by (b) and (c), the Chief of the National Guard
Bureau submits the assessment required by subsection (d), and the
Secretary of Defense submits the certification required by subsection
(e).
(b) Report on Criteria.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of the Air Force shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a report stating all the criteria being used by the
Department of the Air Force and the Rand Corporation to evaluate the
feasibility of consolidating Air Force maintenance functions into
organizations that would integrate active, Guard, and Reserve components
into a total-force approach. The report shall include the assumptions
that were provided to or developed by the Rand Corporation for their
study of the feasibility of the consolidation proposal.
(c) Report on Feasibility Study.--At least 90 days before any
consolidation of aircraft repair facilities and personnel of the active
Air Force with aircraft repair facilities and personnel of the Air
National Guard, the Secretary of the Air Force shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the findings of the Rand Corporation feasibility study and
the Rand Corporation's recommendations, the Air Force's assessment of
the findings and recommendations, any plans developed for implementation
of the consolidation, and a delineation of all infrastructure costs
anticipated as a result of implementation.
(d) Assessment by Chief of the <<NOTE: Deadline.>> National Guard
Bureau.--Not later than 30 days after the date on which the report
required by subsection (c) is submitted, the Chief of the National Guard
Bureau shall submit to the Committees on Armed Services of the Senate
and House of Representatives a written assessment of--
(1) the proposed actions to consolidate aircraft repair
facilities and personnel of the active Air Force with aircraft
repair facilities and personnel of the Air National Guard by the
Secretary of the Air Force; and
(2) the information included in the report required by
subsection (c).
[[Page 122 STAT. 4417]]
(e) Certification by the Secretary of Defense.--After the Secretary
of the Air Force submits the reports required by subsections (b) and
(c), and before any consolidation of aircraft repair facilities and
personnel of the active Air Force with aircraft repair facilities and
personnel of the Air National Guard by the Secretary of the Air Force,
the Secretary of Defense shall certify that such consolidation is in the
national interest and will not adversely affect recruitment, retention,
or execution of the Air National Guard mission in the individual States.
SEC. 325. REPORT ON AIR FORCE CIVILIAN PERSONNEL CONSOLIDATION
PLAN.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on the Air Force plan for implementing the
direction of the Base Realignment and Closure Commission for the
consolidation of transactional workloads from the civilian personnel
offices within the service components and defense agencies, retaining
sufficient positions and personnel at the large civilian centers to
perform the personnel management advisory services, including non-
transactional functions, necessary to support the civilian workforce.
(b) Contents of Report.--At a minimum, the report required by
subsection (a) shall address the steps taken by the Air Force to ensure
that such direction is implemented in a manner that best meets the
future needs of the Air Force, and shall address each of the following:
(1) The anticipated positive or negative effect on the
productivity and mission accomplishment of the managed
workforces at the different commands.
(2) The potential future efficiencies to be achieved through
an enterprise-wide transformation of civilian personnel
services.
(3) The size and complexity of the civilian workforce.
(4) The extent to which mission accomplishment is dependent
upon the productivity of the civilian workforce.
(5) Input from the commanders of the large civilian centers
regarding the effect of consolidation on workforce productivity
and costs.
(6) The status of ongoing consolidation efforts at the Air
Force Personnel Center at Randolph Air Force Base, Texas, and
the target timelines for delivery of services to the various
installations.
(7) The advantages and disadvantages of retaining certain
personnel management and advisory services functions at the
large civilian centers under local command authority to include
on-site control of staffing of positions filled through internal
or external recruitment processes, employee management
relations, labor force planning and management, and managing
workers compensation programs.
(8) The standards and timeliness for transitioning the
personnel classifications currently performed by large civilian
centers, the transition plan, particularly as it assures ready
access to classifications needed for staffing and other purposes
by the large civilian centers, and the expected performance and
evaluation standards for providing classification services to
the large civilian centers once the transition is complete.
[[Page 122 STAT. 4418]]
(c) Updates of Report.--The <<NOTE: Termination date.>> Secretary of
the Air Force shall submit to the Committees on Armed Services of the
Senate and House of Representatives biannual updates of the report
required under subsection (a) until January 3, 2012.
SEC. 326. REPORT ON REDUCTION IN NUMBER OF FIREFIGHTERS ON AIR
FORCE BASES.
To ensure that the Air Force is meeting the minimum safety standards
for staffing, equipment, and training, as required by Department of
Defense Installation and Environment Instruction 6055.6, the Secretary
of the Air Force shall submit to Congress, by not later than 90 days
after the date of the enactment of this Act, a report on the effects of
the reduction in the number of fire fighters on Air Force bases during
the three fiscal years preceding the fiscal year in which the report is
submitted. Such report shall include each of the following:
(1) An evaluation of current fire fighting capability of the
Air Force and whether the reduction in the number of fire
fighters on Air Force bases has increased the risk of harm to
either fire fighters or those they may serve in response to an
emergency.
(2) An evaluation of whether adequate capability exists in
the municipal communities surrounding the Air Force bases
covered by the report to support a base aircraft rescue or to
respond to a fire involving a combat aircraft, cargo aircraft,
or weapon system.
(3) An evaluation of the effects that the reductions in fire
fighting personnel or functions have had on the certifications
of Air Force base fire departments.
(4) If the Secretary determines that reductions in the
number of fire fighting personnel during the fiscal years
covered by the report have negatively affected the ability of
fire fighters on Air Forces bases to perform their missions, a
plan to restore the fire fighting personnel needed to adequately
support such missions.
SEC. 327. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.
(a) Additional Army Depots.--Subsection (e)(1) of section 2476 of
title 10, United States Code, is amended by adding at the end the
following new subparagraphs:
``(F) Watervliet Arsenal, New York.
``(G) Rock Island Arsenal, Illinois.
``(H) Pine Bluff Arsenal, Arkansas.''.
(b) Separate Consideration and Reporting of Navy Depots and Marine
Corps Depots.--Such section is further amended--
(1) in subsection (d)(2), by adding at the end the following
new subparagraph:
``(D) Separate consideration and reporting of Navy Depots
and Marine Corps depots.''; and
(2) in subsection (e)(2)--
(A) by redesignating subparagraphs (A) through (G)
as clauses (i) through (vii), respectively, and
indenting the margins of such clauses, as so
redesignated, 6 ems from the left margin;
(B) by inserting after ``Department of the Navy:''
the following:
``(A) The following Navy depots:'';
[[Page 122 STAT. 4419]]
(C) by inserting after clause (vii), as redesignated
by subparagraph (A), the following:
``(B) The following Marine Corps depots:''; and
(D) by redesignating subparagraphs (H) and (I) as
clauses (i) and (ii), respectively, and indenting the
margins of such clauses, as so redesignated, 6 ems from
the left margin.
Subtitle D--Energy Security
SEC. 331. ANNUAL REPORT ON OPERATIONAL ENERGY MANAGEMENT AND
IMPLEMENTATION OF OPERATIONAL ENERGY
STRATEGY.
(a) Report Required.--Section 2925 of title 10, United States Code,
is amended by striking subsection (b) and inserting the following new
subsection:
``(b) Annual Report Related to Operational Energy.--(1) Simultaneous
with the annual report required by subsection (a), the Secretary of
Defense, acting through the Director of Operational Energy Plans and
Programs, shall submit to the congressional defense committees a report
on operational energy management and the implementation of the
operational energy strategy established pursuant to section 139b of this
title.
``(2) The annual report under this subsection shall address and
include the following:
``(A) Statistical information on operational energy demands,
in terms of expenditures and consumption, for the preceding five
fiscal years, including funding made available in regular
defense appropriations Acts and any supplemental appropriation
Acts.
``(B) An estimate of operational energy demands for the
current fiscal year and next fiscal year, including funding
requested to meet operational energy demands in the budget
submitted to Congress under section 1105 of title 31 and in any
supplemental requests.
``(C) A description of each initiative related to the
operational energy strategy and a summary of funds appropriated
for each initiative in the previous fiscal year and current
fiscal year and requested for each initiative for the next five
fiscal years.
``(D) An evaluation of progress made by the Department of
Defense--
``(i) in implementing the operational energy
strategy, including the progress of key initiatives and
technology investments related to operational energy
demand and management; and
``(ii) in meeting the operational energy goals set
forth in the strategy.
``(E) Such recommendations as the Director considers
appropriate for additional changes in organization or authority
within the Department of Defense to enable further
implementation of the energy strategy and such other comments
and recommendations as the Director considers appropriate.
``(3) If a report under this subsection is submitted in a classified
form, the Secretary shall concurrently submit to the congressional
[[Page 122 STAT. 4420]]
defense committees an unclassified version of the information required
by this subsection.
``(4) In this subsection, the term `operational energy' means the
energy required for training, moving, and sustaining military forces and
weapons platforms for military operations. The term includes energy used
by tactical power systems and generators and weapons platforms.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 2925. Annual Department of Defense energy management
reports''.
(2) Table of sections.--The table of sections at the
beginning of subchapter III of chapter 173 of such title is
amended by striking the item relating to section 2925 and
inserting the following new item:
``2925. Annual Department of Defense energy management reports.''.
SEC. 332. <<NOTE: 10 USC 2911 note.>> CONSIDERATION OF FUEL
LOGISTICS SUPPORT REQUIREMENTS IN
PLANNING, REQUIREMENTS DEVELOPMENT, AND
ACQUISITION PROCESSES.
(a) Planning.--In the case of analyses and force planning processes
that are used to establish capability requirements and inform
acquisition decisions, the Secretary of Defense shall require that
analyses and force planning processes consider the requirements for, and
vulnerability of, fuel logistics.
(b) Capability Requirements Development Process.--The Secretary of
Defense shall develop and implement a methodology to enable the
implementation of a fuel efficiency key performance parameter in the
requirements development process for the modification of existing or
development of new fuel consuming systems.
(c) Acquisition Process.--The Secretary of Defense shall require
that the life-cycle cost analysis for new capabilities include the fully
burdened cost of fuel during analysis of alternatives and evaluation of
alternatives and acquisition program design trades.
(d) Implementation Plan.--The Secretary of Defense shall prepare a
plan for implementing the requirements of this section. The
plan <<NOTE: Deadlines.>> shall be completed not later than 180 days
after the date of the enactment of this Act and provide for the
implementation of the requirements by not later than three years after
the date of the enactment of this Act.
(e) Progress Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report describing progress made to
implement the requirements of this section, including an assessment of
whether the implementation plan required by section (d) is being carried
out on schedule.
(f) Notification of Compliance.--As soon as practicable during the
three-year period beginning on the date of the enactment of this Act,
the Secretary of Defense shall notify the congressional defense
committees that the Secretary has complied with the requirements of this
section. <<NOTE: Reports.>> If the Secretary is unable to provide the
notification, the Secretary shall submit to the congressional defense
committees at the end of the three-year period a report containing--
[[Page 122 STAT. 4421]]
(1) an explanation of the reasons why the requirements, or
portions of the requirements, have not been implemented; and
(2) a revised plan under subsection (d) to complete
implementation or a rationale regarding why portions of the
requirements cannot or should not be implemented.
(g) Fully Burdened Cost of Fuel Defined.--In this section, the term
``fully burdened cost of fuel'' means the commodity price for fuel plus
the total cost of all personnel and assets required to move and, when
necessary, protect the fuel from the point at which the fuel is received
from the commercial supplier to the point of use.
SEC. 333. STUDY ON SOLAR AND WIND ENERGY FOR USE FOR EXPEDITIONARY
FORCES.
(a) Study Required.--The Secretary of Defense shall conduct a study
to examine the feasibility of using solar and wind energy to provide
electricity for expeditionary forces.
(b) Matters Examined.--In conducting the study required by
subsection (a), the Secretary shall examine, at a minimum, each of the
following:
(1) The potential for solar and wind energy to reduce the
fuel supply needed to provide electricity for expeditionary
forces and the extent to which such reduction will decrease the
risk of casualties by reducing the number of convoys needed to
supply fuel to forward operating locations.
(2) The cost of using solar and wind energy to provide
electricity.
(3) The potential savings of using solar and wind energy to
provide electricity compared to current methods.
(4) The environmental benefits of using solar and wind
energy to provide electricity instead of the current methods.
(5) The sustainability and operating requirements of solar
and wind energy systems for providing electricity compared to
current methods.
(6) Potential opportunities for experimenting with the use
of deployable solar and wind energy systems in current training
environments, including remote areas of training ranges.
(c) Report.--Not later than 120 days after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report on the results of the study required by subsection
(a).
SEC. 334. STUDY ON ALTERNATIVE AND SYNTHETIC FUELS.
(a) Study Required.--The Secretary of Defense shall conduct a study
on alternatives to reduce the life cycle emissions of alternative and
synthetic fuels (including coal-to-liquid fuels).
(b) Matters Examined.--The study shall examine, at a minimum, the
following:
(1) The potential clean energy alternatives for powering the
conversion processes, including nuclear, solar, and wind
energies.
(2) The alternatives for reducing carbon emissions during
the conversion processes.
(3) The military utility of domestically-produced
alternative and synthetic fuels for military operations and for
use by expeditionary forces compared with the military utility
and
[[Page 122 STAT. 4422]]
life cycle emissions of mobile, in-theater synthetic fuel
processes.
(4) The goals and progress of the military departments
related to the research, testing, and certification for use of
alternative or synthetic fuels in military vehicles and
aircraft.
(5) An analysis of trends, levels of investment, and the
development of refining capacity in the alternative or synthetic
fuel industry capable of meeting fuel requirements for the
Department of Defense.
(c) Use of Federally Funded Research and Development Center.--The
Secretary of Defense shall select a federally funded research and
development center to perform the study required by subsection (a).
(d) Report.--Not later than March 1, 2009, the federally funded
research and development center shall submit to the congressional
defense committees and the Secretary of Defense a report on the results
of the study required by subsection (a).
SEC. 335. <<NOTE: 10 USC 2911 note.>> MITIGATION OF POWER OUTAGE
RISKS FOR DEPARTMENT OF DEFENSE FACILITIES
AND ACTIVITIES.
(a) Risk Assessment.--The Secretary of Defense shall conduct a
comprehensive technical and operational risk assessment of the risks
posed to mission critical installations, facilities, and activities of
the Department of Defense by extended power outages resulting from
failure of the commercial electricity supply or grid and related
infrastructure.
(b) Risk Mitigation Plans.--
(1) In general.--The Secretary of Defense shall develop
integrated prioritized plans to eliminate, reduce, or mitigate
significant risks identified in the risk assessment under
subsection (a).
(2) Additional considerations.--In developing the risk
mitigation plans under paragraph (1), the Secretary of Defense
shall--
(A) prioritize the mission critical installations,
facilities, and activities that are subject to the
greatest and most urgent risks; and
(B) consider the cost effectiveness of risk
mitigation options.
(c) Annual Report.--
(1) In general.--The Secretary of Defense shall submit a
report on the efforts of the Department of Defense to mitigate
the risks described in subsection (a) as part of the budget
justification materials submitted to Congress in support of the
Department of Defense budget for fiscal year 2010 and each
fiscal year thereafter (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code).
(2) Content.--Each report submitted under paragraph (1)
shall describe the integrated prioritized plans developed under
subsection (b) and the progress made toward achieving the goals
established under such subsection.
[[Page 122 STAT. 4423]]
Subtitle E--Reports
SEC. 341. COMPTROLLER GENERAL REPORT ON READINESS OF ARMED FORCES.
(a) Report Required.--
(1) In general.--Not later than June 1, 2009, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
the readiness of the regular and reserve components of the Armed
Forces. The report shall be unclassified but may contain a
classified annex.
(2) One or more reports.--In complying with the requirements
of this section, the Comptroller General may submit a single
report addressing all the elements specified in subsection (b)
or two or more reports addressing any combination of such
elements.
(b) Elements.--The elements specified in this subsection are the
following:
(1) An analysis of the readiness status, as of the date of
the enactment of this Act, of the regular and reserve components
of the Army and the Marine Corps, including any significant
changes in any trends with respect to such components since
2001.
(2) An analysis of the readiness status, as of such date, of
the regular and reserve components of the Air Force and the
Navy, including a description of any major factors that affect
the ability of the Navy or Air Force to provide trained and
ready forces for ongoing operations and to meet overall
readiness goals.
(3) An analysis of the efforts of the Secretary of each
military department to address any major factors affecting the
readiness of the regular and reserve components under the
jurisdiction of that Secretary.
SEC. 342. REPORT ON PLAN TO ENHANCE COMBAT SKILLS OF NAVY AND AIR
FORCE PERSONNEL.
(a) Report Required.--At the same time as the budget for fiscal year
2010 is submitted to Congress under section 1105(a) of title 31, United
States Code, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on--
(1) the plans of the Secretary of the Navy to improve the
combat skills of the members of the Navy; and
(2) the plans of the Secretary of the Air Force to improve
the combat skills of the members of the Air Force.
(b) Elements of Report.--The report required under subsection (a)
shall include each of the following:
(1) The criteria that the Secretary of the Air Force and the
Secretary of the Navy use to select permanent sites for their
Common Battlefield Airmen Training and Expeditionary Combat
Skills courses.
(2) An identification of the extent to which the Secretary
of the Navy and Secretary of the Air Force coordinated with each
other and with the Secretary of the Army and the Commandant of
the Marine Corps with respect to their plans to expand combat
skills training for members of the Navy and
[[Page 122 STAT. 4424]]
Air Force, respectively, together with a complete list of bases
or locations that were considered as possible sites for the
coordinated training.
(3) The estimated implementation and sustainment costs for
the Air Force Common Battlefield Airmen Training and Navy
Expeditionary Combat Skills courses.
(4) The estimated cost savings, if any, which could result
by carrying out such combat skills training at existing
Department of Defense facilities or by using existing ground
combat training resources.
SEC. 343. COMPTROLLER GENERAL REPORT ON THE USE OF THE ARMY
RESERVE AND NATIONAL GUARD AS AN
OPERATIONAL RESERVE.
(a) Report Required.--Not later than June 1, 2009, the Comptroller
General shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the use of the Army Reserve and
Army National Guard forces as an operational reserve.
(b) Elements.--The report required by subsection (a) shall include a
description of current and programmed resources, force structure, and
organizational challenges that the Army Reserve and Army National Guard
forces may face serving as an operational reserve, including--
(1) force structure;
(2) manning;
(3) equipment availability, maintenance, and logistics
issues;
(4) training constraints limiting access to--
(A) facilities and ranges, including the Combat
Training Centers; and
(B) military schools and skill training; and
(5) any conflicts with requirements under title 32, United
States Code.
SEC. 344. COMPTROLLER GENERAL REPORT ON LINK BETWEEN PREPARATION
AND USE OF ARMY RESERVE COMPONENT FORCES
TO SUPPORT ONGOING OPERATIONS.
(a) Report Required.--Not later than June 1, 2009, the Comptroller
General shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the correlation between the
preparation and operational use of the Army's reserve component forces.
(b) Elements.--The report required by subsection (a) shall include--
(1) an analysis of the Army's training relative to the
employment of reserve component units--
(A) to execute the wartime or primary missions of
the Army for which the units are designed; and
(B) to execute missions to which such units are
assigned, as of the date of the enactment of this Act,
in support of ongoing operations in Iraq and
Afghanistan, including factors affecting unit or
individual preparation, the effect of notification
timelines, and access to training facilities, including
the Combat Training Centers;
(2) an analysis of the effect of mobilization and deployment
laws, regulations, goals, and policies on the Army's ability
[[Page 122 STAT. 4425]]
to train and employ reserve component units for the purposes
described in paragraph (1); and
(3) any other information that the Comptroller General
determines is relevant.
SEC. 345. COMPTROLLER GENERAL REPORT ON ADEQUACY OF FUNDING,
STAFFING, AND ORGANIZATION OF DEPARTMENT
OF DEFENSE MILITARY MUNITIONS RESPONSE
PROGRAM.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the adequacy of the funding, staffing, and organization of
the Military Munitions Response Program of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall include--
(1) an analysis of the funding, staffing, and organization
of the Military Munitions Response Program; and
(2) an assessment of the Program mechanisms for the
accountability, reporting, and monitoring of the progress of
munitions response projects and methods to reduce the length of
time of such projects.
Subtitle F--Other Matters
SEC. 351. EXTENSION OF ENTERPRISE TRANSITION PLAN REPORTING
REQUIREMENT.
Section 2222(i) of title 10, United States Code, is amended by
striking ``2009'' and inserting ``2013''.
SEC. 352. DEMILITARIZATION OF LOANED, GIVEN, OR EXCHANGED
DOCUMENTS, HISTORICAL ARTIFACTS, AND
CONDEMNED OR OBSOLETE COMBAT MATERIEL.
Section 2572(d) of title 10, United States Code, is amended--
(1) in paragraph (1), by adding at the end the following new
sentence: ``The Secretary concerned shall ensure that an item
authorized to be donated under this section is demilitarized in
the interest of public safety, as determined necessary by the
Secretary or the Secretary's delegee.''; and
(2) in paragraph (2)(A), by inserting before the period at
the end the following: ``, including any expense associated with
demilitarizing an item under paragraph (1), for which the
recipient of the item shall be responsible''.
SEC. 353. REPEAL OF REQUIREMENT THAT SECRETARY OF AIR FORCE
PROVIDE TRAINING AND SUPPORT TO OTHER
MILITARY DEPARTMENTS FOR A-10 AIRCRAFT.
(a) Repeal.--Chapter 901 of title 10, United States Code, is amended
by striking section 9316.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the item relating to section 9316.
[[Page 122 STAT. 4426]]
SEC. 354. <<NOTE: 10 USC 221 note.>> DISPLAY OF ANNUAL BUDGET
REQUIREMENTS FOR AIR SOVEREIGNTY ALERT
MISSION.
(a) Submission With Annual Budget Justification Documents.--For
fiscal year 2010 and each subsequent fiscal year, the Secretary of
Defense shall submit to the President, for consideration by the
President for inclusion with the budget materials submitted to Congress
under section 1105(a) of title 31, United States Code, a consolidated
budget justification display that covers all programs and activities of
the Air Sovereignty Alert mission of the Air Force.
(b) Requirements for Budget Display.--The budget display under
subsection (a) for a fiscal year shall include for such fiscal year the
following:
(1) The funding requirements for the Air Sovereignty Alert
mission, and the associated Command and Control mission,
including such requirements for--
(A) military personnel costs;
(B) flying hours; and
(C) any other associated mission costs.
(2) The amount in the budget for the Air Force for each of
the items referred to in paragraph (1).
(3) The amount in the budget for the Air National Guard for
each such item.
SEC. 355. REVISION OF CERTAIN AIR FORCE REGULATIONS REQUIRED.
(a) Revision Required.--Not <<NOTE: Deadline.>> later than 90 days
after the date of the enactment of this Act, the Secretary of the Air
Force shall revise the Air Freight Transportation Regulation Number 5,
dated January 15, 1999, to conform with Defense Transportation
Regulations to ensure that freight covered by Air Freight Transportation
Regulation Number 5 is carried in accordance with commercial best
practices that are based upon a mode-neutral approach.
(b) Mode-Neutral Approach Defined.--For purposes of this section,
the term ``mode-neutral approach'' means a method of shipment that
allows a shipper to choose a carrier with a time-definite performance
standard for delivery without specifying a particular mode of conveyance
and allows the carrier to select the mode of conveyance using best
commercial practices as long as the mode of conveyance can reasonably be
expected to ensure the time-definite delivery requested by the shipper.
SEC. 356. TRANSFER OF C-12 AIRCRAFT TO CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION.
(a) Authority.--The Secretary of the Army may convey to the
California Department of Forestry and Fire Protection (hereinafter in
this section referred to as ``CAL FIRE'') all right, title, and interest
of the United States in three C-12 aircraft that the Secretary has
determined are surplus to need.
(b) Conveyance at No Cost to the United States.--The conveyance of
an aircraft authorized by this section shall be made at no cost to the
United States. Any costs associated with such conveyance, costs of
determining compliance with terms of the conveyance, and costs of
operation and maintenance of the aircraft conveyed shall be borne by CAL
FIRE.
SEC. 357. LIMITATION ON TREATMENT OF RETIRED B-52 AIRCRAFT FOR AIR
COMBAT COMMAND HEADQUARTERS.
Section 131(a)(4) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120
[[Page 122 STAT. 4427]]
Stat. 2111), as amended by section 137(a)(2) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
32), is further amended by striking ``may use not more than 2 such
aircraft for maintenance ground training'' and inserting ``may use not
more than 4 such aircraft for maintenance ground training''.
SEC. 358. <<NOTE: 10 USC 2302 note.>> INCREASE OF DOMESTIC
BREEDING OF MILITARY WORKING DOGS USED BY
THE DEPARTMENT OF DEFENSE.
(a) Increased Capacity.--The Secretary of Defense, acting through
the Executive Agent for Military Working Dogs (hereinafter in this
section referred to as the ``Executive Agent''), shall--
(1) identify the number of military working dogs required to
fulfill the various missions of the Department of Defense for
which such dogs are used, including force protection, facility
and check point security, and explosives and drug detection;
(2) take such steps as are practicable to ensure an adequate
number of military working dog teams are available to meet and
sustain the mission requirements identified in paragraph (1);
(3) ensure that the Department's needs and performance
standards with respect to military working dogs are readily
available to dog breeders and trainers; and
(4) coordinate with other Federal, State, or local agencies,
nonprofit organizations, universities, or private sector
entities, as appropriate, to increase the training capacity for
military working dog teams.
(b) Military Working Dog Procurement.--The Secretary, acting through
the Executive Agent shall work to ensure that military working dogs are
procured as efficiently as possible and at the best value to the
Government, while maintaining the necessary level of quality and
encouraging increased domestic breeding.
(c) Military Working Dog Defined.--For purposes of this section, the
term ``military working dog'' means a dog used in any official military
capacity, as defined by the Secretary of Defense.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2009 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 416. Additional waiver authority of limitation on number of reserve
component members authorized to be on active duty.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
[[Page 122 STAT. 4428]]
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2009, as follows:
(1) The Army, 532,400.
(2) The Navy, 326,323.
(3) The Marine Corps, 194,000.
(4) The Air Force, 317,050.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) For the Army, 532,400.
``(2) For the Navy, 325,300.
``(3) For the Marine Corps, 194,000.
``(4) For the Air Force, 317,050.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
2009, as follows:
(1) The Army National Guard of the United States, 352,600.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 66,700.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,756.
(6) The Air Force Reserve, 67,400.
(7) The Coast Guard Reserve, 10,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent
at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members of
the Selected Reserve of any reserve component are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
[[Page 122 STAT. 4429]]
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2009,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 32,060.
(2) The Army Reserve, 16,170.
(3) The Navy Reserve, 11,099.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,360.
(6) The Air Force Reserve, 2,733.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2009 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 8,395.
(2) For the Army National Guard of the United States,
27,210.
(3) For the Air Force Reserve, 10,003.
(4) For the Air National Guard of the United States, 22,452.
SEC. 414. FISCAL YEAR 2009 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the number
of non-dual status technicians employed by the National Guard as
of September 30, 2009, may not exceed the following:
(A) For the Army National Guard of the United
States, 1,600.
(B) For the Air National Guard of the United States,
350.
(2) Army reserve.--The number of non-dual status technicians
employed by the Army Reserve as of September 30, 2009, may not
exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2009, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2009, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time on
full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
[[Page 122 STAT. 4430]]
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 416. ADDITIONAL WAIVER AUTHORITY OF LIMITATION ON NUMBER OF
RESERVE COMPONENT MEMBERS AUTHORIZED TO BE
ON ACTIVE DUTY.
(a) Additional Waiver Authority.--Subsection (a) of section 123a of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``If at the end''; and
(2) by adding at the end the following new paragraph:
``(2) When a designation of a major disaster or emergency (as those
terms are defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122)) is in effect, the
President may waive any statutory limit that would otherwise apply
during the period of the designation on the number of members of a
reserve component who are authorized to be on active duty under
subparagraph (A) or (B) of section 115(b)(1) of this title, if the
President determines the waiver is necessary to provide assistance in
responding to the major disaster or emergency.''.
(b) Termination of Waiver.--Subsection (b) of such section is
amended--
(1) by striking the subsection heading and inserting the
following: ``Termination of Waiver.--(1)'';
(2) by striking ``subsection (a)'' and inserting
``subsection (a)(1)''; and
(3) by adding at the end the following new paragraph:
``(2) <<NOTE: Termination date.>> A waiver granted under subsection
(a)(2) shall terminate not later than 90 days after the date on which
the designation of the major disaster or emergency that was the basis
for the waiver expires.''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 123a. Suspension of end-strength and other strength
limitations in time of war or national
emergency''.
(2) Table of sections.--The table of sections at the
beginning of chapter 3 of such title is amended by striking the
item relating to section 123a and inserting the following new
item:
``123a. Suspension of end-strength and other strength limitations in
time of war or national emergency.''.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2009 a total of
$124,791,336,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2009.
[[Page 122 STAT. 4431]]
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Mandatory separation requirements for regular warrant officers
for length of service.
Sec. 502. Requirements for issuance of posthumous commissions and
warrants.
Sec. 503. Authorized number of general officers on active duty in the
Army and Marine Corps, limited exclusion for joint duty
requirements, and increase in number of officers serving in
grades above major general and rear admiral.
Sec. 504. Modification of authority on Staff Judge Advocate to the
Commandant of the Marine Corps.
Sec. 505. Eligibility of reserve officers to serve on boards of inquiry
for separation of regular officers for substandard
performance and other reasons.
Sec. 506. Delayed authority to alter distribution requirements for
commissioned officers on active duty in general officer and
flag officer grades and limitations on authorized strengths
of general and flag officers on active duty.
Subtitle B--Reserve Component Management
Sec. 511. Extension to other reserve components of Army authority for
deferral of mandatory separation of military technicians
(dual status) until age 60.
Sec. 512. Modification of authorized strengths for certain Army National
Guard, Marine Corps Reserve, and Air National Guard officers
and Army National Guard enlisted personnel serving on full-
time reserve component duty.
Sec. 513. Clarification of authority to consider for a vacancy promotion
National Guard officers ordered to active duty in support of
a contingency operation.
Sec. 514. Increase in mandatory retirement age for certain Reserve
officers.
Sec. 515. Age limit for retention of certain Reserve officers on active-
status list as exception to removal for years of commissioned
service.
Sec. 516. Authority to retain Reserve chaplains and officers in medical
and related specialties until age 68.
Sec. 517. Modification of authorities on dual duty status of National
Guard officers.
Sec. 518. Study and report regarding Marine Corps personnel policies
regarding assignments in Individual Ready Reserve.
Sec. 519. Report on collection of information on civilian skills of
members of the reserve components of the Armed Forces.
Subtitle C--Joint Qualified Officers and Requirements
Sec. 521. Joint duty requirements for promotion to general or flag
officer.
Sec. 522. Technical, conforming, and clerical changes to joint specialty
terminology.
Sec. 523. Promotion policy objectives for joint qualified officers.
Sec. 524. Length of joint duty assignments.
Sec. 525. Designation of general and flag officer positions on Joint
Staff as positions to be held only by reserve component
officers.
Sec. 526. Modification of limitations on authorized strengths of reserve
general and flag officers in active status serving in joint
duty assignments.
Sec. 527. Reports on joint education courses available through the
Department of Defense.
Subtitle D--General Service Authorities
Sec. 531. Increase in maximum period of reenlistment of regular members
of the Armed Forces.
Sec. 532. Paternity leave for members of the Armed Forces.
Sec. 533. Pilot programs on career flexibility to enhance retention of
members of the Armed Forces.
Subtitle E--Education and Training
Sec. 540. Authorized strength of military service academies and repeal
of prohibition on phased increase in midshipmen and cadet
strength limit at Naval Academy and Air Force Academy.
Sec. 541. Promotion of foreign and cultural exchange activities at
military service academies.
Sec. 542. Increased authority to enroll defense industry employees in
defense product development program.
Sec. 543. Expanded authority for institutions of professional military
education to award degrees.
[[Page 122 STAT. 4432]]
Sec. 544. Tuition for attendance of Federal employees at the United
States Air Force Institute of Technology.
Sec. 545. Increase in number of permanent professors at the United
States Air Force Academy.
Sec. 546. Requirement of completion of service under honorable
conditions for purposes of entitlement to educational
assistance for reserve component members supporting
contingency operations.
Sec. 547. Consistent education loan repayment authority for health
professionals in regular components and Selected Reserve.
Sec. 548. Increase in number of units of Junior Reserve Officers'
Training Corps.
Sec. 549. Correction of erroneous Army College Fund benefit amounts.
Sec. 550. Enhancing education partnerships to improve accessibility and
flexibility for members of the Armed Forces.
Subtitle F--Defense Dependents' Education
Sec. 551. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 552. Impact aid for children with severe disabilities.
Sec. 553. Transition of military dependent students among local
educational agencies.
Sec. 554. Calculation of payments for eligible federally connected
children under Department of Education's Impact Aid program.
Subtitle G--Military Justice
Sec. 561. Effective period of military protective orders.
Sec. 562. Mandatory notification of issuance of military protective
order to civilian law enforcement.
Sec. 563. Implementation of information database on sexual assault
incidents in the Armed Forces.
Subtitle H--Decorations, Awards, and Honorary Promotions
Sec. 571. Replacement of military decorations.
Sec. 572. Authorization and request for award of Medal of Honor to
Richard L. Etchberger for acts of valor during the Vietnam
War.
Subtitle I--Military Families
Sec. 581. Presentation of burial flag to the surviving spouse and
children of deceased members of the Armed Forces.
Sec. 582. Education and training opportunities for military spouses.
Sec. 583. Sense of Congress regarding honor guard details for funerals
of veterans.
Subtitle J--Other Matters
Sec. 591. Prohibition on interference in independent legal advice by the
Legal Counsel to the Chairman of the Joint Chiefs of Staff.
Sec. 592. Interest payments on certain claims arising from correction of
military records.
Sec. 593. Extension of limitation on reductions of personnel of agencies
responsible for review and correction of military records.
Sec. 594. Modification of matching fund requirements under National
Guard Youth Challenge Program.
Sec. 595. Military salute for the flag during the national anthem by
members of the Armed Forces not in uniform and by veterans.
Sec. 596. Military Leadership Diversity Commission.
Sec. 597. Demonstration project on service of retired nurse corps
officers as faculty at civilian nursing schools.
Sec. 598. Report on planning for participation and hosting of the
Department of Defense in international sports activities,
competitions, and events.
Subtitle A--Officer Personnel Policy Generally
SEC. 501. MANDATORY SEPARATION REQUIREMENTS FOR REGULAR WARRANT
OFFICERS FOR LENGTH OF SERVICE.
Section 1305(a) of title 10, United States Code, is amended--
(1) by striking ``A regular warrant officer who has at least
30 years of active service as a warrant officer that could be
[[Page 122 STAT. 4433]]
credited to him'' and inserting ``(1) A regular warrant officer
(other than a regular Army warrant officer) who has at least 30
years of active service that could be credited to the officer'';
and
(2) by adding at the end the following new paragraph:
``(2) In the case of a regular Army warrant officer, the calculation
of years of active service under paragraph (1) shall include only years
of active service as a warrant officer.''.
SEC. 502. REQUIREMENTS FOR ISSUANCE OF POSTHUMOUS COMMISSIONS AND
WARRANTS.
(a) Posthumous Commissions.--Section 1521 of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``in line of duty'' each
place it appears; and
(2) by adding at the end the following new subsection:
``(c) A commission issued under subsection (a) in connection with
the promotion of a deceased member to a higher commissioned grade shall
require certification by the Secretary concerned that, at the time of
death of the member, the member was qualified for appointment to that
higher grade.''.
(b) Posthumous Warrants.--Section 1522 of such title is amended--
(1) in subsection (a), by striking ``in line of duty''; and
(2) by adding at the end the following new subsection:
``(c) A warrant issued under subsection (a) in connection with the
promotion of a deceased member to a higher grade shall require a finding
by the Secretary concerned that, at the time of death of the member, the
member was qualified for appointment to that higher grade.''.
SEC. 503. AUTHORIZED NUMBER OF GENERAL OFFICERS ON ACTIVE DUTY IN
THE ARMY AND MARINE CORPS, LIMITED
EXCLUSION FOR JOINT DUTY REQUIREMENTS, AND
INCREASE IN NUMBER OF OFFICERS SERVING IN
GRADES ABOVE MAJOR GENERAL AND REAR
ADMIRAL.
(a) Increase in Number of Army General Officers.--Section 526(a)(1)
of title 10, United States Code, is amended by striking ``302'' and
inserting ``307''.
(b) Increase in Number of Marine Corps General Officers.--Section
526(a)(4) of such title is amended by striking ``80'' and inserting
``81''.
(c) Increase in Exclusion for Joint Duty Requirements.--Section
526(b)(1) of such title is amended by striking ``12'' and inserting
``65''.
(d) Increase in Number of Officers Serving in Grades Above Major
General and Rear Admiral.--Section 525 of such title is amended--
(1) in the first sentence of subsection (a), by striking
``that armed force'' and inserting ``the Army or Air Force, or
more than 51 percent of the general officers of the Marine
Corps,''; and
(2) in subsection (b)--
(A) in paragraphs (1) and (2)(A), by striking ``16.3
percent'' each place it appears and inserting ``16.4
percent''; and
(B) in paragraph (2)(B), by striking ``17.5
percent'' and inserting ``19 percent''.
[[Page 122 STAT. 4434]]
(e) Acquisition <<NOTE: 10 USC 526 note.>> and Contracting
Billets.--
(1) Reservation of army increase.--The increase in the
number of general officers on active duty in the Army, as
authorized by the amendment made by subsection (a) is reserved
for general officers in the Army who serve in an acquisition
position.
(2) Reservation of portion of increase in joint duty
assignments excluded from limitation.--Of the increase in the
number of general officer and flag officer joint duty
assignments that may be designated for exclusion from the
limitations on the number of general officers and flag officers
on active duty, as authorized by the amendment made by
subsection (c), five of the designated assignments are reserved
for general officers or flag officers who serve in an
acquisition position, including one assignment in the Defense
Contract Management Agency.
SEC. 504. MODIFICATION OF AUTHORITY ON STAFF JUDGE ADVOCATE TO THE
COMMANDANT OF THE MARINE CORPS.
(a) Grade of Staff Judge Advocate to the Commandant of the Marine
Corps.--Section 5046(a) of title 10, United States Code, is amended by
striking the last sentence and inserting the following new sentence:
``The Staff Judge Advocate to the Commandant of the Marine Corps, while
so serving, has the grade of major general.''.
(b) Exclusion From General Officer Distribution Limitations.--
Section 525(a) of such title, as amended by section 503, is further
amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) An officer while serving in the position of Staff Judge
Advocate to the Commandant of the Marine Corps under section 5046 of
this title is in addition to the number that would otherwise be
permitted for the Marine Corps for officers in grades above brigadier
general under the first sentence of paragraph (1).''.
SEC. 505. ELIGIBILITY OF RESERVE OFFICERS TO SERVE ON BOARDS OF
INQUIRY FOR SEPARATION OF REGULAR OFFICERS
FOR SUBSTANDARD PERFORMANCE AND OTHER
REASONS.
(a) Eligibility.--Section 1187 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(2) in subsection (b), by striking ``on active duty'' in the
matter preceding paragraph (1).
(b) Conforming Amendment.--The heading of subsection (a) of such
section is amended by striking ``Active Duty Officers'' and inserting
``In General''.
SEC. 506. <<NOTE: 10 USC 525 note.>> DELAYED AUTHORITY TO ALTER
DISTRIBUTION REQUIREMENTS FOR COMMISSIONED
OFFICERS ON ACTIVE DUTY IN GENERAL OFFICER
AND FLAG OFFICER GRADES AND LIMITATIONS ON
AUTHORIZED STRENGTHS OF GENERAL AND FLAG
OFFICERS ON ACTIVE DUTY.
(a) Implementation of Special General Officer and Flag Officer
Authority.--
[[Page 122 STAT. 4435]]
(1) Report on proposed implementation.--The Secretary of
Defense shall submit to the Committees on Armed Forces of the
Senate and House of Representatives a report, reflecting input
from the Armed Forces, containing the following:
(A) A statement of the total number of validated and
required joint duty assignments for general officers and
flag officers and the total number of validated
assignments for general officers and flag officers
required by the Army, Navy, Air Force, and Marine Corps
to meet internal (non-joint) requirements.
(B) A description of the process used by the
Secretary of Defense and the Secretary of the military
department concerned to validate joint general officer
and flag officer requirements and authorizations under
the authority provided by this section and how that
process will function to make adjustments (increases and
reductions) in the numbers of general officers and flag
officers required for joint duty assignments and
internal requirements of the Armed Force concerned.
(C) A description of how the Secretary of Defense
intends to minimize the incremental approaches to
increases in the number of general officers and flag
officers and the use of exemptions to effect such
increases.
(D) A description of how the Secretaries of the
military departments intend to manage the increase and
development of general officer and flag officer
positions under the authority provided by this section.
(E) An explanation of and rationale for the grade
distribution of the general and flag officers in the
joint pool authorized by subsection (f)(1).
(F) A proposal specifying such legislative changes,
including technical and conforming changes, as may be
necessary to conform sections 525, 526, and 721 of title
10, United States Code, and such other provisions of
such title relating to the management of general
officers and flag officers to the authorities provided
by this section.
(2) Time for implementation.--After the end of the one-year
period beginning on the date on which the Secretary of Defense
submits the report required by paragraph (1), the Secretary of
Defense may implement the authorities provided by this section
regarding the distribution of commissioned officers on active
duty in general officer and flag officer grades and altering the
limitations on authorized strengths of general and flag officers
on active duty.
(3) Effect of implementation.--After the implementation date
specified in paragraph (2), the authorities provided by this
section supersede any requirement of section 525, 526, or 721 of
title 10, United States Code, to the contrary.
(b) Distribution of General and Flag Officers.--After the
implementation date specified in subsection (a)(2), no appointment of an
officer on the active duty list officer may be made--
(1) in the Army, if that appointment would result in more
than--
(A) 225 officers serving on active duty above the
grade of colonel;
(B) 7 officers in the grade of general;
[[Page 122 STAT. 4436]]
(C) 45 officers in a grade above the grade of major
general; or
(D) 90 officers in the grade of major general;
(2) in the Air Force, if that appointment would result in
more than--
(A) 208 officers serving on active duty in a grade
above the grade of colonel;
(B) 9 officers in the grade of general;
(C) 43 officers in a grade above the grade of major
general; or
(D) 73 officers in the grade of major general;
(3) in the Navy, if that appointment would result in more
than--
(A) 160 officers serving on active duty in a grade
above the grade of captain;
(B) 6 officers in the grade of admiral;
(C) 32 officers in a grade above the grade of rear
admiral; or
(D) 50 officers in the grade of rear admiral; or
(4) in the Marine Corps, if that appointment would result in
more than--
(A) 60 officers serving on active duty in a grade
above the grade of colonel;
(B) 2 officers in the grade of general;
(C) 15 officers in a grade above the grade of major
general; or
(D) 22 officers in the grade of major general.
(c) Exclusion of Certain Officers From Distribution Limits.--
(1) Joint assignments.--The <<NOTE: Time
period.>> limitations contained in subsection (b) do not apply
to officers serving in joint duty assignments, as designated by
the Secretary of Defense under section 526(b) of title 10,
United States Code, or this section or for officers released
from joint duty assignments, but only during the 60-day period
beginning on the date the officer departs the joint duty
assignment. Of the officers serving in such joint duty
assignments--
(A) the number of officers in the grade of general
or admiral may not exceed 20;
(B) the number of officers in a grade above the
grade of major general or rear admiral may not exceed
68; and
(C) the number of officers in the grade of major
general or rear admiral may not exceed 144.
(2) Officers after relief from certain positions.--An
officer continuing to hold the grade of general or admiral under
section 601(b)(4) of title 10 United States Code, after relief
from the position of Chairman of the Joint Chiefs of Staff,
Chief of Staff of the Army, Chief of Naval Operations, Chief of
Staff of the Air Force, or Commandant of the Marine Corps shall
not be counted for purposes of subsection (b).
(3) Attending physician.--An officer while serving as
Attending Physician to the Congress is in addition to the number
that would otherwise be permitted for that officer's Armed Force
for officers serving on active duty in grades above brigadier
general or rear admiral (lower half) under subsection (b).
[[Page 122 STAT. 4437]]
(4) Officers pending retirement or after relief and related
circumstances.--The following officers shall not be counted for
purposes of subsection (b):
(A) An officer of an Armed Force in the grade of
brigadier general or above or, in the case of the Navy,
in the grade of rear admiral (lower half) or above, who
is on leave pending the retirement, separation, or
release of that officer from active duty, but only
during the 60-day period beginning on the date of the
commencement of such leave of such officer.
(B) An officer of an Armed Force who has been
relieved from a position designated under section 601(a)
of title 10, United States Code, and is under orders to
assume another such position, but only during the 60-day
period beginning on the date on which those orders are
published.
(d) Appointments in Excess of Distribution Limits.--
(1) Appointment authority.--Subject <<NOTE: President.>> to
paragraph (3), the President--
(A) may make appointments in the Army, Air Force,
and Marine Corps in the grade of lieutenant general and
in the Army, Air Force, and Marine Corps in the grade of
general in excess of the applicable numbers determined
under subsection (b) if each such appointment is made in
conjunction with an offsetting reduction under paragraph
(2); and
(B) may make appointments in the Navy in the grades
of vice admiral and admiral in excess of the applicable
numbers determined under subsection (b) if each such
appointment is made in conjunction with an offsetting
reduction under paragraph (2).
(2) Offsetting reductions.--For each appointment made under
the authority of paragraph (1) in the Army, Air Force, or Marine
Corps in the grade of lieutenant general or general or in the
Navy in the grade of vice admiral or admiral, the number of
appointments that may be made in the equivalent grade in one of
the other Armed Forces (other than the Coast Guard) shall be
reduced by <<NOTE: President.>> one. When such an appointment is
made, the President shall specify the Armed Force in which the
reduction required by this paragraph is to be made.
(3) Maximum.--The number of officers that may be serving on
active duty in the grades of lieutenant general and vice admiral
by reason of appointments made under the authority of paragraph
(1) may not exceed 15. The number of officers that may be
serving on active duty in the grades of general and admiral by
reason of appointments made under the authority of paragraph (1)
may not exceed 5.
(4) Duration of reduction.--Upon the termination of the
appointment of an officer in the grade of lieutenant general or
vice admiral or general or admiral that was made in connection
with an increase under paragraph (1) in the number of officers
that may be serving on active duty in that Armed Force in that
grade, the reduction made under paragraph (2) in the number of
appointments permitted in such grade in another Armed Force by
reason of that increase shall no longer be in effect.
[[Page 122 STAT. 4438]]
(e) Authorized Strength Limits for General and Flag Officers on
Active Duty.--After the implementation date specified in subsection
(a)(2), the number of general officers on active duty in the Army, Air
Force, and Marine Corps, and the number of flag officers on active duty
in the Navy, may not exceed the number specified for the Armed Force
concerned as follows:
(1) For the Army, 225.
(2) For the Navy, 160.
(3) For the Air Force, 208.
(4) For the Marine Corps, 60.
(f) Limited Exclusion for Joint Duty Requirements.--
(1) Designation of positions.--The Secretary of Defense may
designate up to 324 general officer and flag officer positions
that are joint duty assignments for the purposes of chapter 38
of title 10, United States Code, for exclusion from the
limitations in subsection (e). The Secretary of Defense will
allocate these exclusions to the Armed Forces based on the
number of general or flag officers required from each Armed
Force for assignment to these designated positions.
(2) Minimum number of positions.--Unless the Secretary of
Defense determines that a lower number is in the best interests
of the United States, the minimum number of officers serving in
positions designated under paragraph (1) for each Armed Force
shall be as follows:
(A) For the Army, 85.
(B) For the Navy, 61.
(C) For the Air Force, 76.
(D) For the Marine Corps, 21.
(g) Temporary Exclusion for Assignment to Certain Temporary
Billets.--The limitations in subsection (e) do not apply to a general or
flag officer assigned to a temporary joint duty assignment billet
designated by the Secretary of Defense for purposes of this section. A
general or flag officer assigned to a temporary joint duty assignment as
described in this subsection may not be excluded under this subsection
from the limitations in subsection (e) for a period longer than one
year.
(h) Exclusion of Certain Reserve Officers.--
(1) Distribution limits.--The limitations of subsection (b)
do not apply to a reserve component general or flag officer who
is on active duty and serving in billets other than joint duty
assignments under a call or order specifying a period of not
longer than two years.
(2) Authorized strength limits.--The limitations in
subsection (e) do not apply to a reserve component general or
flag officer who is on active duty and serving in a position
that is a joint duty assignment for the purposes of chapter 38
of title 10, United States Code, for a period not to exceed
three years.
(i) Pending or After Joint Duty Assignments.--Upon determination by
the Secretary of Defense that such action is in the national interest,
the Secretary may allow the Secretary of a military department to exceed
the distribution of general and flag officers established under
subsection (b) and the limitation in subsection (e) for up to one year
for officers pending assignment to or return from joint duty assignments
designated under section 526(b) of title 10, United States Code, or this
section.
[[Page 122 STAT. 4439]]
Subtitle B--Reserve Component Management
SEC. 511. EXTENSION TO OTHER RESERVE COMPONENTS OF ARMY AUTHORITY
FOR DEFERRAL OF MANDATORY SEPARATION OF
MILITARY TECHNICIANS (DUAL STATUS) UNTIL
AGE 60.
Section 10216(f) of title 10, United States Code, is amended by
inserting ``and the Secretary of the Air Force'' after ``Secretary of
the Army''.
SEC. 512. MODIFICATION OF AUTHORIZED STRENGTHS FOR CERTAIN ARMY
NATIONAL GUARD, MARINE CORPS RESERVE, AND
AIR NATIONAL GUARD OFFICERS AND ARMY
NATIONAL GUARD ENLISTED PERSONNEL SERVING
ON FULL-TIME RESERVE COMPONENT DUTY.
(a) Army National Guard and Marine Corps Reserve Officers.--The
table in section 12011(a) of title 10, United States Code, relating to
the number of officers of a reserve component who may be serving in the
grades of major, lieutenant colonel, or colonel given the total number
of members of that reserve component serving on full-time reserve
component duty, is amended by striking the portion of the table relating
to the Army National Guard and the Marine Corps Reserve and inserting
the following:
``Army National Guard:
20,000......................... 1,500 850 325
22,000......................... 1,650 930 350
24,000......................... 1,790 1,010 378
26,000......................... 1,930 1,085 395
28,000......................... 2,070 1,168 420
30,000......................... 2,200 1,245 445
32,000......................... 2,330 1,315 460
34,000......................... 2,450 1,385 470
36,000......................... 2,570 1,455 480
38,000......................... 2,670 1,527 490
40,000......................... 2,770 1,590 500
42,000......................... 2,837 1,655 505
``Marine Corps Reserve:
1,000.......................... 99 63 20
1,200.......................... 103 67 21
1,300.......................... 107 70 22
1,400.......................... 111 73 23
1,500.......................... 114 76 24
1,600.......................... 117 79 25
1,700.......................... 120 82 26
1,800.......................... 123 85 27
1,900.......................... 126 88 28
[[Page 122 STAT. 4440]]
2,000.......................... 129 91 29
2,100.......................... 132 94 30
2,200.......................... 134 97 31
2,300.......................... 136 100 32
2,400.......................... 138 103 33
2,500.......................... 140 106 34
2,600.......................... 142 109 35''.
(b) Air National Guard Officers.--The table in such section is
further amended by striking the portion of the table relating to the Air
National Guard and inserting the following:
``Air National Guard:
5,000.......................... 333 335 251
6,000.......................... 403 394 260
7,000.......................... 472 453 269
8,000.......................... 539 512 278
9,000.......................... 606 571 287
10,000......................... 673 665 313
11,000......................... 740 759 339
12,000......................... 807 827 353
13,000......................... 873 886 363
14,000......................... 939 945 374
15,000......................... 1,005 1,001 384
16,000......................... 1,067 1,057 394
17,000......................... 1,126 1,113 404
18,000......................... 1,185 1,169 414
19,000......................... 1,235 1,224 424
20,000......................... 1,283 1,280 428''.
(c) Army National Guard Enlisted Personnel.--The table in section
12012(a) of such title, relating to the number of members of a reserve
component who may be serving in the grade of E-8 or E-9 given the total
number of members of that reserve component serving on full-time reserve
component duty, is amended by striking the portion of the table relating
to the Army National Guard and inserting the following:
``Army National Guard:
20,000....................................... 1,650 550
22,000....................................... 1,775 615
24,000....................................... 1,950 645
26,000....................................... 2,100 675
28,000....................................... 2,250 715
30,000....................................... 2,400 735
32,000....................................... 2,500 760
[[Page 122 STAT. 4441]]
34,000....................................... 2,600 780
36,000....................................... 2,700 800
38,000....................................... 2,800 820
40,000....................................... 2,900 830
42,000....................................... 3,000 840''.
SEC. 513. CLARIFICATION OF AUTHORITY TO CONSIDER FOR A VACANCY
PROMOTION NATIONAL GUARD OFFICERS ORDERED
TO ACTIVE DUTY IN SUPPORT OF A CONTINGENCY
OPERATION.
(a) Additional Exception.--Subsection (d) of section 14317 of title
10, United States Code, is amended--
(1) in the first sentence--
(A) by striking ``Except'' and inserting ``(1)
Except'';
(B) by striking ``unless the officer is ordered''
and inserting ``unless the officer--
``(A) is ordered'';
(C) by striking the period at the end and inserting
``; or''; and
(D) by adding at the end the following new
subparagraph:
``(B) has been ordered to or is serving on active duty in
support of a contingency operation.''; and
(2) in the second sentence, by striking ``If'' and inserting
the following:
``(2) If''.
(b) Consideration for Promotion by Examination for Federal
Recognition.--Subsection (e)(1)(B) of such section is amended by
inserting before the period at the end the following: ``, or by
examination for Federal recognition under title 32''.
SEC. 514. INCREASE IN MANDATORY RETIREMENT AGE FOR CERTAIN RESERVE
OFFICERS.
(a) Selective Service and Property and Fiscal Officers.--Section
12647 of title 10, United States Code, is amended by striking ``60
years'' and inserting ``62 years''.
(b) Certain Reserve Officers in Grades of Major Through Brigadier
General.--Section 14702(b) of such title is amended--
(1) in the subsection heading, by striking ``at Age 60'' and
inserting ``for Age''; and
(2) by striking ``subsection (a)(1) or (a)(2).'' and all
that follows through the period at the end of the last sentence
and inserting the following: ``paragraph (1) or (2) of
subsection (a). An officer described in paragraph (1) of such
subsection may not be retained under this section after the last
day of the month in which the officer becomes 62 years of age.
An officer described in paragraph (2) of such subsection may not
be retained under this section after the last day of the month
in which the officer becomes 60 years of age.''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of section 14702 of such
title is amended to read as follows:
[[Page 122 STAT. 4442]]
``Sec. 14702. Retention on reserve active-status list of certain
officers in the grade of major, lieutenant
colonel, colonel, or brigadier general''.
(2) Table of sections.--The table of sections at the
beginning of chapter 1409 of such title is amended by striking
the item relating to section 14702 and inserting the following
new item:
``14702. Retention on reserve active-status list of certain officers in
the grade of major, lieutenant colonel, colonel, or brigadier
general.''.
SEC. 515. AGE LIMIT FOR RETENTION OF CERTAIN RESERVE OFFICERS ON
ACTIVE-STATUS LIST AS EXCEPTION TO REMOVAL
FOR YEARS OF COMMISSIONED SERVICE.
Section 14508 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Retention of Lieutenant Generals.--A reserve officer of the
Army or Air Force in the grade of lieutenant general who would otherwise
be removed from an active status under subsection (c) may, in the
discretion of the Secretary of the Army or the Secretary of the Air
Force, as the case may be, be retained in an active status, but not
later than the date on which the officer becomes 66 years of age.''.
SEC. 516. AUTHORITY TO RETAIN RESERVE CHAPLAINS AND OFFICERS IN
MEDICAL AND RELATED SPECIALTIES UNTIL AGE
68.
(a) Reserve Chaplains and Medical Officers.--Section 14703(b) of
title 10, United States Code, is amended by striking ``67 years'' and
inserting ``68 years''.
(b) National Guard Chaplains and Medical Officers.--Section 324 of
title 32, United States Code, is amended by adding at the end the
following new subsection:
``(c) Notwithstanding subsection (a)(1), an officer of the National
Guard serving as a chaplain, medical officer, dental officer, nurse,
veterinarian, Medical Service Corps officer, or biomedical sciences
officer may be retained, with the officer's consent, until the date on
which the officer becomes 68 years of age.''.
SEC. 517. MODIFICATION OF AUTHORITIES ON DUAL DUTY STATUS OF
NATIONAL GUARD OFFICERS.
(a) Dual Duty Status Authorized for Any Officer on Active Duty.--
Subsection (a)(2) of section 325 of title 32, United States Code, is
amended by striking ``in command of a National Guard unit''.
(b) Advance Authorization and Consent to Dual Duty Status.--Such
section is further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Advance Authorization and Consent.--The President and the
Governor of a State or Territory, or of the Commonwealth of Puerto Rico,
or the commanding general of the District of Columbia National Guard, as
applicable, may give the authorization or consent required by subsection
(a)(2) with respect to an officer in advance for the purpose of
establishing the succession of command of a unit.''.
[[Page 122 STAT. 4443]]
SEC. 518. STUDY AND REPORT REGARDING MARINE CORPS PERSONNEL
POLICIES REGARDING ASSIGNMENTS IN
INDIVIDUAL READY RESERVE.
(a) Study.--The Secretary of the Navy shall conduct a study to
analyze the policies and procedures used by the Marine Corps Reserve
during fiscal years 2001 through 2008 to govern the assignment of
members of the Marine Corps Reserve in the Individual Ready Reserve.
(b) Elements.--The study shall contain, at a minimum, the following
elements:
(1) A summary of the actual policies and procedures used to
assign members of the Marine Corps Reserve to the Individual
Ready Reserve and to remove members from the Individual Ready
Reserve, to include the grade and authority of the official
responsible for making the decision regarding the assignment.
(2) The number of members of the Marine Corps Reserve
assigned to the Individual Ready Reserve during fiscal years
2001 through 2008.
(3) The number of members of the Marine Corps Reserve who
spent less than 12 months in the Individual Ready Reserve during
fiscal years 2001 through 2008, categorized by the reason
provided for assigning the members to the Individual Ready
Reserve.
(4) The impact of assigning a member of the Marine Corps
Reserve to the Individual Ready Reserve on the eligibility of
the member for health care coverage under TRICARE.
(5) The policies and procedures used to account for members
of the Marine Corps Reserve who are excess to a unit's
authorization document, to include members selected for
promotion or command who have not yet been promoted or assumed
duties as officers in command.
(6) Recommendations for improvements to policies and
procedures used to assign members of the Marine Corps Reserve to
the Individual Ready Reserve and to remove members from the
Individual Ready Reserve.
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of the Navy shall submit to the Committee on
Armed Services of the Senate and House of Representatives a report
containing the results of the study.
SEC. 519. REPORT ON COLLECTION OF INFORMATION ON CIVILIAN SKILLS
OF MEMBERS OF THE RESERVE COMPONENTS OF
THE ARMED FORCES.
Not later than March 1, 2009, the Secretary of Defense shall submit
to the congressional defense committees a report on the feasibility and
advisability, utility, and cost effectiveness of the following:
(1) The collection by the Department of Defense of
information on the civilian skills, qualifications, and
professional certifications of members of the reserve components
of the Armed Forces that are relevant to military manpower
requirements.
(2) The establishment by each military department, and by
the Department of Defense generally, of a system that would
match billets and personnel requirements with members of the
reserve components of the Armed Forces who have skills,
[[Page 122 STAT. 4444]]
qualifications, and certifications relevant to such billets and
requirements.
(3) The establishment by the Department of Defense of one or
more systems accessible by private employers who employ
individuals with skills, qualifications, and certifications
possessed by members of the reserve components of the Armed
Forces to assist such employers in hiring and employing such
members.
(4) Actions to ensure that employment information collected
for and maintained in the Civilian Employment Information
database of the Department of Defense is current and accurate.
(5) Actions to incorporate any matter determined feasible
and advisable under paragraphs (1) through (4) into the Defense
Integrated Military Human Resources System.
Subtitle C--Joint Qualified Officers and Requirements
SEC. 521. JOINT DUTY REQUIREMENTS FOR PROMOTION TO GENERAL OR FLAG
OFFICER.
(a) In General.--Section 619a of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``unless--'' and all that
follows through ``the joint specialty'' and inserting ``unless
the officer has been designated as a joint qualified officer'';
(2) in subsection (b)--
(A) by striking ``paragraph (1) or paragraph (2) of
subsection (a), or both paragraphs (1) and (2) of
subsection (a),'' in the matter preceding paragraph (1)
and inserting ``subsection (a)''; and
(B) in paragraph (4), by striking ``within that
immediate organization is not less than two years'' and
inserting ``is not less than two years and the officer
has successfully completed a program of education
described in subsections (b) and (c) of section 2155 of
this title''; and
(3) by striking subsection (h).
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 619a. Eligibility for consideration for promotion:
designation as joint qualified officer required
before promotion to general or flag grade;
exceptions''.
(2) Table of sections.--The table of sections at the
beginning of subchapter II of chapter 36 of such title is
amended by striking the item relating to section 619a and
inserting the following new item:
``619a. Eligibility for consideration for promotion: designation as
joint qualified officer required before promotion to general
or flag grade; exceptions.''.
SEC. 522. TECHNICAL, CONFORMING, AND CLERICAL CHANGES TO JOINT
SPECIALTY TERMINOLOGY.
(a) Reference to Joint Qualified Officer.--
(1) In general.--Subsection (a) of section 661 of title 10,
United States Code, is amended in the second sentence by
striking ``in such manner as the Secretary of Defense directs''
[[Page 122 STAT. 4445]]
and inserting ``as a joint qualified officer or in such other
manner as the Secretary of Defense directs''.
(2) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 661. Management policies for joint qualified officers''.
(3) Table of sections.--The table of sections at the
beginning of chapter 38 of such title is amended by striking the
item related to section 661 and inserting the following new
item:
``661. Management policies for joint qualified officers.''.
(b) Joint Duty Assignments After Completion of Joint Professional
Military Education.--Section 663 of such title is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``Joint
Specialty'' and inserting ``Joint Qualified''; and
(B) by striking ``with the joint specialty'' and
inserting ``designated as a joint qualified officer'';
and
(2) in subsection (b)(1), by striking ``do not have the
joint specialty'' and inserting ``are not designated as a joint
qualified officer''.
(c) Procedures for Monitoring Careers of Joint Qualified Officers.--
(1) In general.--Section 665 of such title is amended--
(A) in subsection (a)(1)(A), by striking ``with the
joint specialty'' and inserting ``designated as a joint
qualified officer''; and
(B) in subsection (b)(1), by striking ``with the
joint specialty'' and inserting ``designated as a joint
qualified officer''.
(2) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 665. Procedures for monitoring careers of joint qualified
officers''.
(3) Table of sections.--The table of sections at the
beginning of chapter 38 of such title is amended by striking the
item related to section 665 and inserting the following new
item:
``665. Procedures for monitoring careers of joint qualified officers.''.
(d) Joint Specialty Terminology in Annual Report.--Section 667 of
such title is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``selected for
the joint specialty'' and inserting ``designated as a
joint qualified officer''; and
(B) in subparagraph (B), by striking ``selection for
the joint specialty'' and inserting ``designation as a
joint qualified officer,'';
(2) in paragraph (2), by striking ``with the joint
specialty'' and inserting ``designated as a joint qualified
officer'';
(3) in paragraph (3), by striking ``selected for the joint
specialty'' each place it appears and inserting ``designated as
a joint qualified officer'';
[[Page 122 STAT. 4446]]
(4) in paragraph (4)--
(A) in subparagraph (A), by striking ``selected for
the joint specialty'' and inserting ``designated as a
joint qualified officer''; and
(B) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) a comparison of the number of officers who
were designated as a joint qualified officer who had
served in a Joint Duty Assignment List billet and
completed Joint Professional Military Education Phase
II, with the number designated as a joint qualified
officer based on their aggregated joint experiences and
completion of Joint Professional Military Education
Phase II.'';
(5) by striking paragraphs (5) through (10), (13), and (16),
and redesignating paragraphs (11), (12), (14), (15), (17), and
(18) as paragraphs (7), (8), (9), (10), (12), and (13),
respectively;
(6) by inserting after paragraph (4) the following new
paragraphs:
``(5) The promotion rate for officers designated as a joint
qualified officer, compared with the promotion rate for other
officers considered for promotion from within the promotion zone
in the same pay grade and the same competitive category. A
similar comparison will be made for officers both below the
promotion zone and above the promotion zone.
``(6) An analysis of assignments of officers after their
designation as a joint qualified officer.''; and
(7) by inserting after paragraph (10), as redesignated by
paragraph (5) of this subsection, the following new paragraph
(11):
``(11) The number of officers in the grade of captain (or in
the case of the Navy, lieutenant) and above certified at each
level of joint qualification as established in regulation and
policy by the Secretary of Defense with the advice of the
Chairman of the Joint Chiefs of Staff. Such numbers shall be
reported by service and grade of the officer.''.
SEC. 523. PROMOTION POLICY OBJECTIVES FOR JOINT QUALIFIED
OFFICERS.
Section 662 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking ``officers who are
serving or have served in joint duty assignments'' and inserting
``officers in the grade of major (or in the case of the Navy,
lieutenant commander) or above who have been designated as a
joint qualified officer''; and
(2) in subsection (b), by inserting after ``joint duty
assignments'' the following: ``or on the Joint Staff, and
officers who have been designated as a joint qualified officer
in the grades of major (or in the case of the Navy, lieutenant
commander) through colonel (or in the case of the Navy,
captain)''.
SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS.
(a) Service Excluded From Tour Length.--Subsection (d) of section
664 of title 10, United States Code, is amended--
(1) in paragraph (1), by striking subparagraph (D) and
inserting the following new subparagraph (D):
``(D) a qualifying reassignment from a joint duty
assignment--
[[Page 122 STAT. 4447]]
``(i) for unusual personal reasons, including
extreme hardship and medical conditions, beyond
the control of the officer or the armed forces; or
``(ii) to another joint duty assignment
immediately after--
``(I) the officer was promoted to a
higher grade, if the reassignment was
made because no joint duty assignment
was available within the same
organization that was commensurate with
the officer's new grade; or
``(II) the officer's position was
eliminated in a reorganization.''; and
(2) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) Service in a joint duty assignment in a case in which
the officer's tour of duty in that assignment brings the
officer's accrued service for purposes of subsection (f)(3) to
the applicable standard prescribed in subsection (a).''.
(b) Computing Average Length of Joint Duty Assignments.--Subsection
(e) of such section is amended by striking paragraph (2) and inserting
the following new paragraph (2):
``(2) In computing the average length of joint duty assignments for
purposes of paragraph (1), the Secretary may exclude the following
service:
``(A) Service described in subsection (c).
``(B) Service described in subsection (d).
``(C) Service described in subsection (f)(6).''.
(c) Completion of Tour of Duty.--Subsection (f) of such section is
amended--
(1) in paragraph (3), by striking ``Cumulative service'' and
inserting ``Accrued joint experience'';
(2) in paragraph (4), by striking ``(except'' and all that
follows through ``any time)''; and
(3) by striking paragraph (6) and inserting the following
new paragraph (6):
``(6) A second and subsequent joint duty assignment that is
less than the period required under subsection (a), but not less
than two years.''.
(d) Accrued Joint Experience as Full Tour of Duty.--Subsection (g)
of such section is amended to read as follows:
``(g) Accrued Joint Experience.--For the purposes of subsection
(f)(3), the Secretary of Defense may prescribe, by regulation, certain
joint experience, such as temporary duty in joint assignments, joint
individual training, and participation in joint exercises, that may be
aggregated to equal a full tour of duty. The Secretary shall prescribe
the regulations with the advice of the Chairman of the Joint Chiefs of
Staff.''.
(e) Constructive Credit.--Subsection (h) of such section is
amended--
(1) in paragraph (1), by striking ``subsection (f)(1),
(f)(2), (f)(4), or (g)(2)'' and inserting ``paragraphs (1), (2),
and (4) of subsection (f)''; and
(2) by striking paragraph (3).
(f) Repeal of Joint Duty Credit for Certain Joint Task Force
Assignments.--Such section is further amended by striking subsection
(i).
[[Page 122 STAT. 4448]]
SEC. 525. DESIGNATION OF GENERAL AND FLAG OFFICER POSITIONS ON
JOINT STAFF AS POSITIONS TO BE HELD ONLY
BY RESERVE COMPONENT OFFICERS.
Section 526(b)(2)(A) of title 10, United States Code, is amended by
striking ``a general and flag officer position'' and inserting ``up to
three general and flag officer positions''.
SEC. 526. MODIFICATION OF LIMITATIONS ON AUTHORIZED STRENGTHS OF
RESERVE GENERAL AND FLAG OFFICERS IN
ACTIVE STATUS SERVING IN JOINT DUTY
ASSIGNMENTS.
(a) Exclusion of army and Air Force Officers Serving in Joint Duty
Assignments.--Subsection (b) of section 12004 of title 10, United States
Code, is amended by adding at the end the following new paragraph;
``(4) Those serving in a joint duty assignment for purposes
of chapter 38 of this title, except that the number of officers
who may be excluded under this paragraph may not exceed the
number equal to 20 percent of the number of officers authorized
for the armed force concerned by subsection (a).''.
(b) Exclusion of Navy Officers Serving in Joint Duty Assignments.--
Subsection (c) of such section is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(2) in paragraph (1), by striking ``(1)'' and all that
follows through ``as follows:'' and inserting the following:
``(1) The following Navy reserve officers shall not be counted for
purposes of this section:
``(A) Those counted under section 526 of this title.
``(B) Those serving in a joint duty assignment for purposes
of chapter 38 of this title, except that the number of officers
who may be excluded under this paragraph may not exceed the
number equal to 20 percent of the number of officers authorized
for the Navy in subsection (a).
``(2) Of the number of Navy reserve officers authorized by
subsection (a), 40 are distributed among the line and staff corps as
follows:''.
(c) Exclusion of Marine Corps Officers Serving in Joint Duty
Assignments.--Subsection (d) of such section is amended to read as
follows:
``(d) The following Marine Corps reserve officers shall not be
counted for purposes of this section:
``(1) Those counted under section 526 of this title.
``(2) Those serving in a joint duty assignment for purposes
of chapter 38 of this title, except that the number of officers
who may be excluded under this paragraph may not exceed the
number equal to 20 percent of the number of officers authorized
for the Marine Corps in subsection (a).''.
SEC. 527. REPORTS ON JOINT EDUCATION COURSES AVAILABLE THROUGH THE
DEPARTMENT OF DEFENSE.
(a) Reports Required.--Not later than April 1 of each of 2009, 2010,
and 2011, the Chairman of the Joint Chiefs of Staff shall submit to
Congress a report setting forth information on the joint education
courses available through the Department of Defense for purposes of the
pursuit of joint careers by officers in the Armed Forces.
[[Page 122 STAT. 4449]]
(b) Elements.--Each report under subsection (a) shall include, for
the preceding year covered by the report, the following:
(1) A list and description of the joint education courses
available during the year covered by the report.
(2) A list and description of the joint education courses
listed under paragraph (1) that are available to, and may be
completed by, officers of the reserve components of the Armed
Forces in other than an in-resident duty status under title 10
or 32, United States Code.
(3) For each joint education course listed under paragraph
(1), the number of officers from each Armed Force who pursued
the course during the year covered by the report, including the
number of officers of the Army National Guard and Air National
Guard who pursued the course.
Subtitle D--General Service Authorities
SEC. 531. INCREASE IN MAXIMUM PERIOD OF REENLISTMENT OF REGULAR
MEMBERS OF THE ARMED FORCES.
(a) Increase to Eight-Year Maximum.--Section 505(d) of title 10,
United States Code, is amended--
(1) in paragraph (2), by striking ``six years'' and
inserting ``eight years''; and
(2) in paragraph (3)(A), by striking ``six years'' and
inserting ``eight years''.
(b) Conforming Amendment Regarding Reenlistment Bonus.--Section
308(a)(2)(A)(ii) of title 37, United States Code, is amended by striking
``not to exceed six''.
SEC. 532. PATERNITY LEAVE FOR MEMBERS OF THE ARMED FORCES.
(a) Leave Authorized.--Section 701 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(j)(1) <<NOTE: Regulations.>> Under regulations prescribed by the
Secretary concerned, a married member of the armed forces on active duty
whose wife gives birth to a child shall receive 10 days of leave to be
used in connection with the birth of the child.
``(2) Leave under paragraph (1) is in addition to other leave
authorized under this section.''.
(b) Effective Date.--The <<NOTE: 10 USC 701 note.>> amendment made
by subsection (a) shall take effect on the date of the enactment of this
Act and applies only with respect to children born on or after that
date.
SEC. 533. <<NOTE: 10 USC 701 note.>> PILOT PROGRAMS ON CAREER
FLEXIBILITY TO ENHANCE RETENTION OF
MEMBERS OF THE ARMED FORCES.
(a) Pilot Programs Authorized.--
(1) In general.--Each Secretary of a military department may
carry out pilot programs under which officers and enlisted
members of the regular components of the Armed Forces under the
jurisdiction of such Secretary may be inactivated from active
duty in order to meet personal or professional needs and
returned to active duty at the end of such period of
inactivation from active duty.
(2) Purpose.--The purpose of the pilot programs under this
section shall be to evaluate whether permitting inactivation
from active duty and greater flexibility in career paths for
members of the Armed Forces will provide an effective means to
enhance retention of members of the Armed Forces and
[[Page 122 STAT. 4450]]
the capacity of the Department of Defense to respond to the
personal and professional needs of individual members of the
Armed Forces.
(b) Limitation on Eligible Members.--A member of the Armed Forces is
not eligible to participate in a pilot program under this section during
any period of service required of the member--
(1) under an agreement upon entry of the member on active
duty; or
(2) due to receipt by the member of a retention bonus as a
member qualified in a critical military skill or assigned to a
high priority unit under section 355 of title 37, United States
Code.
(c) Limitation on Number of Participants.--Not more than 20 officers
and 20 enlisted members of each Armed Force may be selected during each
of calendar years 2009 through 2012 to participate in the pilot programs
under this section.
(d) Period of Inactivation From Active Duty; Effect of
Inactivation.--
(1) Limitation.--The period of inactivation from active duty
under a pilot program under this section of a member
participating in the pilot program shall be such period as the
Secretary of the military department concerned shall specify in
the agreement of the member under subsection (e), except that
such period may not exceed three years.
(2) Exclusion from computation of reserve officer's total
years of service.--Any service by a Reserve officer while
participating in a pilot program under this section shall be
excluded from computation of the officer's total years of
service pursuant to section 14706(a) of title 10, United States
Code.
(3) Retirement and related purposes.--Any period of
participation of a member in a pilot program under this section
shall not count toward--
(A) eligibility for retirement or transfer to the
Ready Reserve under either chapter 571 or 1223 of title
10, United States Code; or
(B) computation of retired or retainer pay under
chapter 71 or 1223 of title 10, United States Code.
(e) Agreement.--Each member of the Armed Forces who participates in
a pilot program under this section shall enter into a written agreement
with the Secretary of the military department concerned under which
agreement that member shall agree as follows:
(1) To accept an appointment or enlist, as applicable, and
serve in the Ready Reserve of the Armed Force concerned during
the period of the member's inactivation from active duty under
the pilot program.
(2) To undergo during the period of the inactivation of the
member from active duty under the pilot program such inactive
duty training as the Secretary concerned shall require in order
to ensure that the member retains proficiency, at a level
determined by the Secretary concerned to be sufficient, in the
member's military skills, professional qualifications, and
physical readiness during the inactivation of the member from
active duty.
[[Page 122 STAT. 4451]]
(3) Following completion of the period of the inactivation
of the member from active duty under the pilot program, to serve
two months as a member of the Armed Forces on active duty for
each month of the period of the inactivation of the member from
active duty under the pilot program.
(f) Conditions of Release.--
The <<NOTE: Regulations. Guidelines.>> Secretary of Defense shall issue
regulations specifying the guidelines regarding the conditions of
release that must be considered and addressed in the agreement required
by subsection (e). <<NOTE: Procedures. Standards.>> At a minimum, the
Secretary shall prescribe the procedures and standards to be used to
instruct a member on the obligations to be assumed by the member under
paragraph (2) of such subsection while the member is released from
active duty.
(g) Order to <<NOTE: Regulations.>> Active Duty.--Under regulations
prescribed by the Secretary of the military department concerned, a
member of the Armed Forces participating in a pilot program under this
section may, in the discretion of such Secretary, be required to
terminate participation in the pilot program and be ordered to active
duty.
(h) Pay and Allowances.--
(1) Basic pay.--During each month of participation in a
pilot program under this section, a member who participates in
the pilot program shall be paid basic pay in an amount equal to
two-thirtieths of the amount of monthly basic pay to which the
member would otherwise be entitled under section 204 of title
37, United States Code, as a member of the uniformed services on
active duty in the grade and years of service of the member when
the member commences participation in the pilot program.
(2) Prohibition on receipt of special and incentive pays.--
(A) Prohibition on receipt during participation.--A
member who participates in a pilot program shall not,
while participating in the pilot program, be paid any
special or incentive pay or bonus to which the member is
otherwise entitled under an agreement under chapter 5 of
title 37, United States Code, that is in force when the
member commences participation in the pilot program.
(B) Treatment of required service.--The inactivation
from active duty of a member participating in a pilot
program shall not be treated as a failure of the member
to perform any period of service required of the member
in connection with an agreement for a special or
incentive pay or bonus under chapter 5 of title 37,
United States Code, that is in force when the member
commences participation in the pilot program.
(3) Revival of special pays upon return to active duty.--
(A) Revival required.--Subject to subparagraph (B),
upon the return of a member to active duty after
completion by the member of participation in a pilot
program--
(i) any agreement entered into by the member
under chapter 5 of title 37, United States Code,
for the payment of a special or incentive pay or
bonus that was in force when the member commenced
participation in the pilot program shall be
revived, with the term of such agreement after
revival being the period
[[Page 122 STAT. 4452]]
of the agreement remaining to run when the member
commenced participation in the pilot program; and
(ii) any special or incentive pay or bonus
shall be payable to the member in accordance with
the terms of the agreement concerned for the term
specified in clause (i).
(B) Limitations.--
(i) Limitation at time of return to active
duty.--Subparagraph (A) shall not apply to any
special or incentive pay or bonus otherwise
covered by that subparagraph with respect to a
member if, at the time of the return of the member
to active duty as described in that subparagraph--
(I) such pay or bonus is no longer
authorized by law; or
(II) the member does not satisfy
eligibility criteria for such pay or
bonus as in effect at the time of the
return of the member to active duty.
(ii) Cessation during later service.--
Subparagraph (A) shall cease to apply to any
special or incentive pay or bonus otherwise
covered by that subparagraph with respect to a
member if, during the term of the revived
agreement of the member under subparagraph (A)(i),
such pay or bonus ceases being authorized by law.
(C) Repayment.--A member who is ineligible for
payment of a special or incentive pay or bonus otherwise
covered by this paragraph by reason of subparagraph
(B)(i)(II) shall be subject to the requirements for
repayment of such pay or bonus in accordance with the
terms of the applicable agreement of the member under
chapter 5 of title 37, United States Code.
(D) Construction of required service.--Any service
required of a member under an agreement covered by this
paragraph after the member returns to active duty as
described in subparagraph (A) shall be in addition to
any service required of the member under an agreement
under subsection (e).
(4) Certain travel and transportation allowances.--
(A) In general.--Subject to subparagraph (B), a
member who participates in a pilot program is entitled,
while participating in the pilot program, to the travel
and transportation allowances authorized by section 404
of title 37, United States Code, for--
(i) travel performed from the member's
residence, at the time of release from active duty
to participate in the pilot program, to the
location in the United States designated by the
member as his residence during the period of
participation in the pilot program; and
(ii) travel performed to the member's
residence upon return to active duty at the end of
the member's participation in the pilot program.
(B) Limitation.--An allowance is payable under this
paragraph only with respect to travel of a member to and
from a single residence.
(i) Promotion.--
[[Page 122 STAT. 4453]]
(1) Officers.--
(A) Limitation on promotion.--An officer
participating in a pilot program under this section
shall not, while participating in the pilot program, be
eligible for consideration for promotion under chapter
36 or 1405 of title 10, United States Code.
(B) Promotion and rank upon return to active duty.--
Upon the return of an officer to active duty after
completion by the officer of participation in a pilot
program--
(i) the <<NOTE: Regulations.>> Secretary of
the military department concerned shall adjust the
officer's date of rank in such manner as the
Secretary of Defense shall prescribe in
regulations for purposes of this section; and
(ii) the officer shall be eligible for
consideration for promotion when officers of the
same competitive category, grade, and seniority
are eligible for consideration for promotion.
(2) Enlisted members.--An <<NOTE: Time period.>> enlisted
member participating in a pilot program shall not be eligible
for consideration for promotion during the period that--
(A) begins on the date of the member's inactivation
from active duty under the pilot program; and
(B) ends at such time after the return of the member
to active duty under the pilot program that the member
is treatable as eligible for promotion by reason of time
in grade and such other requirements as the Secretary of
the military department concerned shall prescribe in
regulations for purposes of the pilot program.
(j) Medical and Dental Care.--A <<NOTE: Time period.>> member
participating in a pilot program under this section shall, while
participating in the pilot program, be treated as a member of the Armed
Forces on active duty for a period of more than 30 days for purposes of
the entitlement of the member and the member's dependents to medical and
dental care under the provisions of chapter 55 of title 10, United
States Code.
(k) Reports.--
(1) Interim reports.--Not later than June 1, 2011, and June
1, 2013, the Secretary of each military department shall submit
to the congressional defense committees a report on the
implementation and current status of the pilot programs
conducted by such Secretary under this section.
(2) Final report.--Not later than March 1, 2016, the
Secretary of Defense shall submit to the congressional defense
committees a report on the pilot programs conducted under this
section.
(3) Elements of report.--Each interim report and the final
report under this subsection shall include the following:
(A) A description of each pilot program conducted
under this section, including a description of the
number of applicants for such pilot program and the
criteria used to select individuals for participation in
such pilot program.
(B) An assessment by the Secretary concerned of the
pilot programs, including an evaluation of whether--
(i) the authorities of the pilot programs
provided an effective means to enhance the
retention of members
[[Page 122 STAT. 4454]]
of the Armed Forces possessing critical skills,
talents, and leadership abilities;
(ii) the career progression in the Armed
Forces of individuals who participate in the pilot
program has been or will be adversely affected;
and
(iii) the usefulness of the pilot program in
responding to the personal and professional needs
of individual members of the Armed Forces.
(C) Such recommendations for legislative or
administrative action as the Secretary concerned
considers appropriate for the modification or
continuation of the pilot programs.
(l) Duration of Program Authority.--The authority to conduct a pilot
program under this section shall commence on January 1, 2009. No member
of the Armed Forces may be released from active duty under a pilot
program under this section after December 31, 2012.
Subtitle E--Education and Training
SEC. 540. AUTHORIZED STRENGTH OF MILITARY SERVICE ACADEMIES AND
REPEAL OF PROHIBITION ON PHASED INCREASE
IN MIDSHIPMEN AND CADET STRENGTH LIMIT AT
NAVAL ACADEMY AND AIR FORCE ACADEMY.
(a) Military Academy.--Section 4342(a) of title 10, United States
Code, is amended by striking ``4,000 or such higher number'' and
inserting ``4,400 or such lower number''.
(b) Naval Academy.--Section 6954 of such title is amended--
(1) in subsection (a), by striking ``4,000 or such higher
number'' and inserting ``4,400 or such lower number''; and
(2) in subsection (h)(1), by striking the last sentence.
(c) Air Force Academy.--Section 9342 of such title is amended--
(1) in subsection (a), by striking ``4,000 or such higher
number'' and inserting ``4,400 or such lower number''; and
(2) in subsection (j)(1), by striking the last sentence.
(d) Effective Date.--The <<NOTE: 10 USC 4342 note.>> amendments made
by this section shall apply with respect to academic years at the United
States Military Academy, the United States Naval Academy, and the Air
Force Academy after the 2007-2008 academic year.
SEC. 541. PROMOTION OF FOREIGN AND CULTURAL EXCHANGE ACTIVITIES AT
MILITARY SERVICE ACADEMIES.
(a) United States Military Academy.--
(1) In general.--Chapter 403 of title 10, United States
Code, is amended by inserting after section 4345 the following
new section:
``Sec. 4345a. Foreign and cultural exchange activities
``(a) Attendance Authorized.--The Secretary of the Army may
authorize the Academy to permit students, officers, and other
representatives of a foreign country to attend the Academy for periods
of not more than two weeks if the Secretary determines that the
attendance of such persons contributes significantly to the development
of foreign language, cross cultural interactions and understanding, and
cultural immersion of cadets.
[[Page 122 STAT. 4455]]
``(b) Costs and Expenses.--The Secretary may pay the travel,
subsistence, and similar personal expenses of persons incurred to attend
the Academy under subsection (a).
``(c) Effect of Attendance.--Persons attending the Academy under
subsection (a) are not considered to be students enrolled at the Academy
and are in addition to persons receiving instruction at the Academy
under section 4344 or 4345 of this title.
``(d) Source of Funds; Limitation.--(1) The Academy shall bear the
costs of the attendance of persons under subsection (a) from funds
appropriated for the Academy and from such additional funds as may be
available to the Academy from a source, other than appropriated funds,
to support cultural immersion, regional awareness, or foreign language
training activities in connection with their attendance.
``(2) Expenditures from appropriated funds in support of activities
under this section may not exceed $40,000 during any fiscal year.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 4345 the following new item:
``4345a. Foreign and cultural exchange activities.''.
(b) Naval Academy.--
(1) In general.--Chapter 603 of title 10, United States
Code, is amended by inserting after section 6957a the following
new section:
``Sec. 6957b. Foreign and cultural exchange activities
``(a) Attendance Authorized.--The Secretary of the Navy may
authorize the Naval Academy to permit students, officers, and other
representatives of a foreign country to attend the Naval Academy for
periods of not more than two weeks if the Secretary determines that the
attendance of such persons contributes significantly to the development
of foreign language, cross cultural interactions and understanding, and
cultural immersion of midshipmen.
``(b) Costs and Expenses.--The Secretary may pay the travel,
subsistence, and similar personal expenses of persons incurred to attend
the Naval Academy under subsection (a).
``(c) Effect of Attendance.--Persons attending the Naval Academy
under subsection (a) are not considered to be students enrolled at the
Naval Academy and are in addition to persons receiving instruction at
the Naval Academy under section 6957 or 6957a of this title.
``(d) Source of Funds; Limitation.--(1) The Naval Academy shall bear
the costs of the attendance of persons under subsection (a) from funds
appropriated for the Naval Academy and from such additional funds as may
be available to the Naval Academy from a source, other than appropriated
funds, to support cultural immersion, regional awareness, or foreign
language training activities in connection with their attendance.
``(2) Expenditures from appropriated funds in support of activities
under this section may not exceed $40,000 during any fiscal year.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 6957a the following new item:
``6957b. Foreign and cultural exchange activities.''.
[[Page 122 STAT. 4456]]
(c) Air Force Academy.--
(1) In general.--Chapter 903 of title 10, United States
Code, is amended by inserting after section 9345 the following
new section:
``Sec. 9345a. Foreign and cultural exchange activities
``(a) Attendance Authorized.--The Secretary of the Air Force may
authorize the Air Force Academy to permit students, officers, and other
representatives of a foreign country to attend the Air Force Academy for
periods of not more than two weeks if the Secretary determines that the
attendance of such persons contributes significantly to the development
of foreign language, cross cultural interactions and understanding, and
cultural immersion of cadets.
``(b) Costs and Expenses.--The Secretary may pay the travel,
subsistence, and similar personal expenses of persons incurred to attend
the Air Force Academy under subsection (a).
``(c) Effect of Attendance.--Persons attending the Air Force Academy
under subsection (a) are not considered to be students enrolled at the
Air Force Academy and are in addition to persons receiving instruction
at the Air Force Academy under section 9344 or 9345 of this title.
``(d) Source of Funds; Limitation.--(1) The Air Force Academy shall
bear the costs of the attendance of persons under subsection (a) from
funds appropriated for the Air Force Academy and from such additional
funds as may be available to the Air Force Academy from a source, other
than appropriated funds, to support cultural immersion, regional
awareness, or foreign language training activities in connection with
their attendance.
``(2) Expenditures from appropriated funds in support of activities
under this section may not exceed $40,000 during any fiscal year.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 9345 the following new item:
``9345a. Foreign and cultural exchange activities.''.
SEC. 542. INCREASED AUTHORITY TO ENROLL DEFENSE INDUSTRY EMPLOYEES
IN DEFENSE PRODUCT DEVELOPMENT PROGRAM.
Section 7049(a) of title 10, United States Code, is amended by
striking ``25'' and inserting ``125''.
SEC. 543. EXPANDED AUTHORITY FOR INSTITUTIONS OF PROFESSIONAL
MILITARY EDUCATION TO AWARD DEGREES.
(a) National Defense Intelligence College.--
(1) In general.--Section 2161 of title 10, United States
Code, is amended to read as follows:
``Sec. 2161. Degree granting authority for National Defense
Intelligence College
``(a) Authority.--Under <<NOTE: Regulations.>> regulations
prescribed by the Secretary of Defense, the President of the National
Defense Intelligence College may, upon the recommendation of the faculty
of the National Defense Intelligence College, confer appropriate degrees
upon graduates who meet the degree requirements.
[[Page 122 STAT. 4457]]
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval of
the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the National Defense Intelligence College is
accredited by the appropriate civilian academic accrediting
agency or organization to award the degree, as determined by the
Secretary of Education.
``(c) Congressional <<NOTE: Reports.>> Notification Requirements.--
(1) When seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives--
``(A) <<NOTE: Assessments.>> a copy of the self assessment
questionnaire required by the Federal Policy Governing Granting
of Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of Education's
National Advisory Committee on Institutional Quality and
Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the degree
granting authority.
``(2) Upon any modification or redesignation of existing degree
granting authority, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the rationale for the proposed modification or
redesignation and any subsequent recommendation of the Secretary of
Education on the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the National Defense
Intelligence College to award any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 108 of such title is amended by striking
the item relating to section 2161 and inserting the following
new item:
``2161. Degree granting authority for National Defense Intelligence
College.''.
(b) National Defense University.--
(1) In general.--Section 2163 of such title is amended to
read as follows:
``Sec. 2163. Degree granting authority for National Defense
University
``(a) Authority.--Under <<NOTE: Regulations.>> regulations
prescribed by the Secretary of Defense, the President of the National
Defense University may, upon the recommendation of the faculty of the
National Defense University, confer appropriate degrees upon graduates
who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval of
the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
[[Page 122 STAT. 4458]]
``(2) the National Defense University is accredited by the
appropriate civilian academic accrediting agency or organization
to award the degree, as determined by the Secretary of
Education.
``(c) Congressional <<NOTE: Reports.>> Notification Requirements.--
(1) When seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives--
``(A) a <<NOTE: Assessments.>> copy of the self assessment
questionnaire required by the Federal Policy Governing Granting
of Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of Education's
National Advisory Committee on Institutional Quality and
Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the degree
granting authority.
``(2) Upon any modification or redesignation of existing degree
granting authority, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the rationale for the proposed modification or
redesignation and any subsequent recommendation of the Secretary of
Education on the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the National Defense
University to award any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 108 of such title is amended by striking
the item relating to section 2163 and inserting the following
new item:
``2163. Degree granting authority for National Defense University.''.
(c) United States Army Command and General Staff College.--
(1) In general.--Section 4314 of such title is amended to
read as follows:
``Sec. 4314. Degree granting authority for United States Army
Command and General Staff College
``(a) Authority.--Under <<NOTE: Regulations.>> regulations
prescribed by the Secretary of the Army, the Commandant of the United
States Army Command and General Staff College may, upon the
recommendation of the faculty and dean of the college, confer
appropriate degrees upon graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval of
the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the United States Army Command and General Staff
College is accredited by the appropriate civilian academic
accrediting agency or organization to award the degree, as
determined by the Secretary of Education.
``(c) Congressional Notification <<NOTE: Reports.>> Requirements.--
(1) When seeking to establish degree granting authority under this
section,
[[Page 122 STAT. 4459]]
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives--
``(A) <<NOTE: Assessments.>> a copy of the self assessment
questionnaire required by the Federal Policy Governing Granting
of Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of Education's
National Advisory Committee on Institutional Quality and
Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the degree
granting authority.
``(2) Upon any modification or redesignation of existing degree
granting authority, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the rationale for the proposed modification or
redesignation and any subsequent recommendation of the Secretary of
Education on the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the United States
Army Command and General Staff College to award any new or existing
degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 401 of such title is amended by striking
the item relating to section 4314 and inserting the following
new item:
``4314. Degree granting authority for United States Army Command and
General Staff College.''.
(d) United States Army War College.--
(1) In general.--Section 4321 of title 10, United States
Code, is amended to read as follows:
``Sec. 4321. Degree granting authority for United States Army War
College
``(a) Authority.--Under <<NOTE: Regulations.>> regulations
prescribed by the Secretary of the Army, the Commandant of the United
States Army War College may, upon the recommendation of the faculty and
dean of the college, confer appropriate degrees upon graduates who meet
the degree requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval of
the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the United States Army War College is accredited by
the appropriate civilian academic accrediting agency or
organization to award the degree, as determined by the Secretary
of Education.
``(c) Congressional Notification <<NOTE: Reports.>> Requirements.--
(1) When seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives--
``(A) <<NOTE: Assessments.>> a copy of the self assessment
questionnaire required by the Federal Policy Governing Granting
of Academic Degrees by Federal Agencies, at the time the
assessment is submitted
[[Page 122 STAT. 4460]]
to the Department of Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the degree
granting authority.
``(2) Upon any modification or redesignation of existing degree
granting authority, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the rationale for the proposed modification or
redesignation and any subsequent recommendation of the Secretary of
Education on the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the United States
Army War College to award any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 401 of such title is amended by striking
the item relating to section 4321 and inserting the following
new item:
``4321. Degree granting authority for United States Army War College.''.
(e) United States Naval Postgraduate School.--
(1) In general.--Section 7048 of such title is amended to
read as follows:
``Sec. 7048. Degree granting authority for United States Naval
Postgraduate School
``(a) Authority.--Under <<NOTE: Regulations.>> regulations
prescribed by the Secretary of the Navy, the President of the Naval
Postgraduate School may, upon the recommendation of the faculty of the
Naval Postgraduate School, confer appropriate degrees upon graduates who
meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval of
the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the Naval Postgraduate School is accredited by the
appropriate civilian academic accrediting agency or organization
to award the degree, as determined by the Secretary of
Education.
``(c) Congressional <<NOTE: Reports.>> Notification Requirements.--
(1) When seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives--
``(A) a <<NOTE: Assessments.>> copy of the self assessment
questionnaire required by the Federal Policy Governing Granting
of Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of Education's
National Advisory Committee on Institutional Quality and
Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the degree
granting authority.
[[Page 122 STAT. 4461]]
``(2) Upon any modification or redesignation of existing degree
granting authority, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the rationale for the proposed modification or
redesignation and any subsequent recommendation of the Secretary of
Education on the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the Naval
Postgraduate School to award any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 605 of such title is amended by striking
the item relating to section 7048 and inserting the following
new item:
``7048. Degree granting authority for United States Naval Postgraduate
School.''.
(f) Naval War College.--
(1) In general.--Section 7101 of such title is amended to
read as follows:
``Sec. 7101. Degree granting authority for Naval War College
``(a) Authority.--Under <<NOTE: Regulations.>> regulations
prescribed by the Secretary of the Navy, the President of the Naval War
College may, upon the recommendation of the faculty of the Naval War
College components, confer appropriate degrees upon graduates who meet
the degree requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval of
the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the Naval War College is accredited by the appropriate
civilian academic accrediting agency or organization to award
the degree, as determined by the Secretary of Education.
``(c) Congressional <<NOTE: Reports.>> Notification Requirements.--
(1) When seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives--
``(A) a copy <<NOTE: Assessments.>> of the self assessment
questionnaire required by the Federal Policy Governing Granting
of Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of Education's
National Advisory Committee on Institutional Quality and
Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the degree
granting authority.
``(2) Upon any modification or redesignation of existing degree
granting authority, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the rationale for the proposed modification or
redesignation and any subsequent recommendation of the Secretary of
Education on the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives
[[Page 122 STAT. 4462]]
a report containing an explanation of any action by the appropriate
academic accrediting agency or organization not to accredit the Naval
War College to award any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 609 of such title is amended by striking
the item relating to section 7101 and inserting the following
new item:
``7101. Degree granting authority for Naval War College.''.
(g) Marine Corps University.--
(1) In general.--Section 7102 of such title is amended to
read as follows:
``Sec. 7102. Degree granting authority for Marine Corps University
``(a) Authority.--Under <<NOTE: Regulations.>> regulations
prescribed by the Secretary of the Navy, the President of the Marine
Corps University may, upon the recommendation of the directors and
faculty of the Marine Corps University, confer appropriate degrees upon
graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval of
the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the Marine Corps University is accredited by the
appropriate civilian academic accrediting agency or organization
to award the degree, as determined by the Secretary of
Education.
``(c) Congressional <<NOTE: Reports.>> Notification Requirements.--
(1) When seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives--
``(A) a copy <<NOTE: Assessments.>> of the self assessment
questionnaire required by the Federal Policy Governing Granting
of Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of Education's
National Advisory Committee on Institutional Quality and
Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the degree
granting authority.
``(2) Upon any modification or redesignation of existing degree
granting authority, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the rationale for the proposed modification or
redesignation and any subsequent recommendation of the Secretary of
Education on the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the Marine Corps
University to award any new or existing degree.
``(d) Board <<NOTE: Establishment.>> of Advisors.--The Secretary of
the Navy shall establish a board of advisors for the Marine Corps
University. The Secretary shall ensure that the board is established so
as to meet all requirements of the appropriate regional accrediting
association.''.
[[Page 122 STAT. 4463]]
(2) Clerical amendment.--The table of sections at the
beginning of chapter 609 of such title is amended by striking
the item relating to section 7102 and inserting the following
new item:
``7102. Degree granting authority for Marine Corps University.''.
(h) United States Air Force Institute of Technology.--
(1) In general.--Section 9314 of such title is amended to
read as follows:
``Sec. 9314. Degree granting authority for United States Air Force
Institute of Technology
``(a) Authority.--Under regulations prescribed by the Secretary of
the Air Force, the commander of the Air University may, upon the
recommendation of the faculty of the United States Air Force Institute
of Technology, confer appropriate degrees upon graduates of the United
States Air Force Institute of Technology who meet the degree
requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval of
the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the United States Air Force Institute of Technology is
accredited by the appropriate civilian academic accrediting
agency or organization to award the degree, as determined by the
Secretary of Education.
``(c) Congressional <<NOTE: Reports.>> Notification Requirements.--
(1) When seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives--
``(A) a copy <<NOTE: Assessments.>> of the self assessment
questionnaire required by the Federal Policy Governing Granting
of Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of Education's
National Advisory Committee on Institutional Quality and
Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the degree
granting authority.
``(2) Upon any modification or redesignation of existing degree
granting authority, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the rationale for the proposed modification or
redesignation and any subsequent recommendation of the Secretary of
Education on the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the United States Air
Force Institute of Technology to award any new or existing degree.
``(d) Civilian Faculty.--(1) The Secretary of the Air Force may
employ as many civilian faculty members at the United States Air Force
Institute of Technology as is consistent with the needs of the Air Force
and with Department of Defense personnel limits.
``(2) <<NOTE: Regulations.>> The Secretary shall prescribe
regulations determining--
[[Page 122 STAT. 4464]]
``(A) titles and duties of civilian members of the faculty;
and
``(B) pay of civilian members of the faculty,
notwithstanding chapter 53 of title 5, but subject to the
limitation set out in section 5373 of title 5.
``(e) Reimbursement and Tuition.--(1) The Department of the Army,
the Department of the Navy, and the Department of Homeland Security
shall bear the cost of the instruction at the Air Force Institute of
Technology that is received by members of the armed forces detailed for
that instruction by the Secretaries of the Army, Navy, and Homeland
Security, respectively.
``(2) Members of the Army, Navy, Marine Corps, and Coast Guard may
only be detailed for instruction at the Institute on a space-available
basis.
``(3) In the case of an enlisted member of the Army, Navy, Marine
Corps, and Coast Guard permitted to receive instruction at the
Institute, the Secretary of the Air Force shall charge that member only
for such costs and fees as the Secretary considers appropriate (taking
into consideration the admission of enlisted members on a space-
available basis).
``(f) Acceptance of Research Grants.--(1) The Secretary of the Air
Force may authorize the Commandant of the United States Air Force
Institute of Technology to accept qualifying research grants. Any such
grant may only be accepted if the work under the grant is to be carried
out by a professor or instructor of the Institute for a scientific,
literary, or educational purpose.
``(2) A qualifying research grant under this subsection is a grant
that is awarded on a competitive basis by an entity referred to in
paragraph (3) for a research project with a scientific, literary, or
educational purpose.
``(3) A grant may be accepted under this subsection only from a
corporation, fund, foundation, educational institution, or similar
entity that is organized and operated primarily for scientific,
literary, or educational purposes.
``(4) The Secretary shall establish an account for administering
funds received as research grants under this section. The Commandant of
the Institute shall use the funds in the account in accordance with
applicable provisions of the regulations and the terms and condition of
the grants received.
``(5) Subject to such limitations as may be provided in
appropriations Acts, appropriations available for the Institute may be
used to pay expenses incurred by the Institute in applying for, and
otherwise pursuing, the award of qualifying research grants.
``(6) <<NOTE: Regulations.>> The Secretary shall prescribe
regulations for the administration of this subsection.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 901 of such title is amended by striking
the item relating to section 9314 and inserting the following
new item:
``9314. Degree granting authority for United States Air Force Institute
of Technology.''.
(i) Air University.--
(1) In general.--Section 9317 of such title is amended to
read as follows:
[[Page 122 STAT. 4465]]
``Sec. 9317. Degree granting authority for Air University
``(a) Authority.--Except <<NOTE: Regulations.>> as provided in
sections 9314 and 9315 of this title, under regulations prescribed by
the Secretary of the Air Force, the commander of the Air University may,
upon the recommendation of the faculty of the Air University components,
confer appropriate degrees upon graduates who meet the degree
requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval of
the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the Air University is accredited by the appropriate
civilian academic accrediting agency or organization to award
the degree, as determined by the Secretary of Education.
``(c) Congressional <<NOTE: Reports.>> Notification Requirements.--
(1) When seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives--
``(A) a <<NOTE: Assessments.>> copy of the self assessment
questionnaire required by the Federal Policy Governing Granting
of Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of Education's
National Advisory Committee on Institutional Quality and
Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the degree
granting authority.
``(2) Upon any modification or redesignation of existing degree
granting authority, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the rationale for the proposed modification or
redesignation and any subsequent recommendation of the Secretary of
Education on the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the Air University to
award any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 901 of such title is amended by striking
the item relating to section 9317 and inserting the following
new item:
``9317. Degree granting authority for Air University.''.
(j) Effective Date.--The amendments made by this section shall apply
to any degree granting authority established, modified, or redesignated
on or after the date of enactment of this Act for an institution of
professional military education referred to in such amendments.
SEC. 544. TUITION FOR ATTENDANCE OF FEDERAL EMPLOYEES AT THE
UNITED STATES AIR FORCE INSTITUTE OF
TECHNOLOGY.
Subsection (e) of section 9314 of title 10, United States Code, as
amended by section 543(h), is further amended by adding at the end the
following new paragraphs:
[[Page 122 STAT. 4466]]
``(4)(A) The Institute shall charge tuition for the cost of
providing instruction at the Institute for any civilian employee of a
military department (other than a civilian employee of the Department of
the Air Force), of another component of the Department of Defense, or of
another Federal agency who receives instruction at the Institute.
``(B) The cost of any tuition charged an individual under this
paragraph shall be borne by the department, agency, or component sending
the individual for instruction at the Institute.
``(5) Amounts received by the Institute for the instruction of
students under this subsection shall be retained by the Institute. Such
amounts shall be available to the Institute to cover the costs of such
instruction. The source and disposition of such amounts shall be
specifically identified in the records of the Institute.''.
SEC. 545. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE UNITED
STATES AIR FORCE ACADEMY.
Section 9331(b)(4) of title 10, United States Code, is amended by
striking ``21 permanent professors'' and inserting ``23 permanent
professors''.
SEC. 546. REQUIREMENT OF COMPLETION OF SERVICE UNDER HONORABLE
CONDITIONS FOR PURPOSES OF ENTITLEMENT TO
EDUCATIONAL ASSISTANCE FOR RESERVE
COMPONENT MEMBERS SUPPORTING CONTINGENCY
OPERATIONS.
(a) Requirement of Honorable Service.--Section 16164(a)(2) of title
10, United States Code, is amended by striking ``other than dishonorable
conditions'' and inserting ``honorable conditions''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on the date of the enactment of this Act and shall apply to a
person described in section 16163 of title 10, United States Code, who--
(1) separates from a reserve component on or after January
28, 2008, the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2008; and
(2) as of the date of the enactment of this Act, has not
used any of the person's entitlement to educational assistance
under chapter 1607 of such title.
SEC. 547. CONSISTENT EDUCATION LOAN REPAYMENT AUTHORITY FOR HEALTH
PROFESSIONALS IN REGULAR COMPONENTS AND
SELECTED RESERVE.
Section 16302(c) of title 10, United States Code, is amended by
striking paragraphs (2) and (3) and inserting the following new
paragraph:
``(2) The annual maximum amount of a loan that may be repaid under
this section shall be the same as the maximum amount in effect for the
same year under subsection (e)(2) of section 2173 of this title for the
education loan repayment program under such section.''.
SEC. 548. INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE OFFICERS'
TRAINING CORPS.
(a) Plan for Increase.--The <<NOTE: Deadline.>> Secretary of
Defense, in consultation with the Secretaries of the military
departments, shall develop and implement a plan to establish and
support, not later than September 30, 2020, not less than 3,700 units of
the Junior Reserve Officers' Training Corps.
[[Page 122 STAT. 4467]]
(b) Exceptions.--The requirement imposed in subsection (a) shall not
apply--
(1) if the Secretary fails to receive an adequate number or
requests for Junior Reserve Officers' Training Corps units by
public and private secondary educational institutions; or
(2) during a time of national emergency when the Secretaries
of the military departments determine that funding must be
allocated elsewhere.
(c) Cooperation.--The Secretary of Defense, as part of the plan to
establish and support additional Junior Reserve Officers' Training Corps
units, shall work with local educational agencies to increase the
employment in Junior Reserve Officers' Training Corps units of retired
members of the Armed Forces who are retired under chapter 61 of title
10, United States Code, especially members who were wounded or injured
while deployed in a contingency operation.
(d) Report on Plan.--Upon completion of the plan, the Secretary of
Defense shall provide a report to the congressional defense committees
containing, at a minimum, the following:
(1) A description of how the Secretaries of the military
departments expect to achieve the number of units of the Junior
Reserve Officers' Training Corps specified in subsection (a),
including how many units will be established per year by each
service.
(2) The annual funding necessary to support the increase in
units, including the personnel costs associated.
(3) The number of qualified private and public schools, if
any, who have requested a Junior Reserve Officers' Training
Corps unit that are on a waiting list.
(4) Efforts to improve the increased distribution of units
geographically across the United States.
(5) Efforts to increase distribution of units in
educationally and economically deprived areas.
(6) Efforts to enhance employment opportunities for
qualified former military members retired for disability,
especially those wounded while deployed in a contingency
operation.
(e) Time for Submission.--The plan required under subsection (a),
along with the report required by subsection (d), shall be submitted to
the congressional defense committees not later than March 31, 2009. The
Secretary of Defense shall submit an up-dated report annually thereafter
until the minimum number of units of the Junior Reserve Officers'
Training Corps specified in subsection (a) is achieved.
SEC. 549. CORRECTION OF ERRONEOUS ARMY COLLEGE FUND BENEFIT
AMOUNTS.
(a) Correction and Payment Authority.--
(1) Consideration of requests for correction.--The Secretary
of the Army may consider, through the Army Board for the
Correction of Military Records, a request for the correction of
military records relating to the amount of the Army College Fund
benefit to which a member or former member of the Armed Forces
may be entitled under an Army Incentive Program contract.
(2) Payment authority.--If the Secretary of the Army
determines that the correction of military records is
appropriate in response to a request received under paragraph
(1), the
[[Page 122 STAT. 4468]]
Secretary may pay such amounts as the Secretary considers
necessary to ensure fairness and equity with regard to the
request.
(b) Exception to Payment Limits.--A payment under subsection (a)(2)
may be made without regard to any limits on the total combined amounts
established for the Army College Fund and the Montgomery G.I. Bill.
(c) Funding Source.--Payments under subsection (a)(2) shall be made
solely from funds appropriated for military personnel programs for
fiscal year 2009.
(d) Termination Date.--No payment may be made under subsection
(a)(2) after December 31, 2009.
SEC. 550. ENHANCING EDUCATION PARTNERSHIPS TO IMPROVE
ACCESSIBILITY AND FLEXIBILITY FOR MEMBERS
OF THE ARMED FORCES.
(a) Authority.--The Secretary of a military department may enter
into one or more education partnership agreements with educational
institutions in the United States for the purpose of--
(1) developing plans to improve the accessibility and
flexibility of college courses available to eligible members of
the Armed Forces;
(2) improving the application process for the Armed Forces
tuition assistance programs and raising awareness regarding
educational opportunities available to such members;
(3) developing curriculum, distance education programs, and
career counseling designed to meet the professional, financial,
academic, and social needs of such members; and
(4) assessing how resources may be applied more effectively
to meet the educational needs of such members.
(b) Cost.--Except as provided in this section, execution of an
education partnership agreement with an educational institution shall be
at no cost to the Government.
(c) Educational Institution Defined.--In this section, the term
``educational institution'' means an accredited college, university, or
technical school in the United States.
Subtitle F--Defense Dependents' Education
SEC. 551. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2009 pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $35,000,000 shall be available
only for the purpose of providing assistance to local educational
agencies under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3271; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to Base
Closures, Force Structure Changes, or Force Relocations.--Of the amount
authorized to be appropriated for
[[Page 122 STAT. 4469]]
fiscal year 2009 pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $15,000,000 shall be available
only for the purpose of providing assistance to local educational
agencies under subsection (b) of such section 572.
(c) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(9)).
SEC. 552. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year 2009
pursuant to section 301(5) for operation and maintenance for Defense-
wide activities, $5,000,000 shall be available for payments under
section 363 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-77; 20 U.S.C. 7703a).
SEC. 553. TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG LOCAL
EDUCATIONAL AGENCIES.
Subsection (d) of section 574 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2227; 20 U.S.C. 7703b note) is amended to read as follows:
``(d) Transition of Military Dependents Among Local Educational
Agencies.--(1) The Secretary of Defense shall work collaboratively with
the Secretary of Education in any efforts to ease the transitions of
military dependent students from Department of Defense dependent schools
to other schools and among schools of local educational agencies.
``(2) The Secretary of Defense may use funds of the Department of
Defense Education Activity for the following purposes:
``(A) To share expertise and experience of the Activity with
local educational agencies as military dependent students make
the transitions described in paragraph (1), including
transitions resulting from the closure or realignment of
military installations under a base closure law, global
rebasing, and force restructuring.
``(B) To provide programs for local educational agencies
with military dependent students undergoing the transitions
described in paragraph (1), including--
``(i) distance learning programs; and
``(ii) training programs to improve the ability of
military dependent students who attend public schools in
the United States and their teachers to meet the
educational needs of such students.
``(3) <<NOTE: Expiration date.>> The authority provided by this
subsection expires September 30, 2013.''.
SEC. 554. CALCULATION OF PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED
CHILDREN UNDER DEPARTMENT OF EDUCATION'S
IMPACT AID PROGRAM.
In <<NOTE: Applicability.>> fiscal year 2009, section
8003(a)(2)(C)(i) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7703(a)(2)(C)(i)) shall be applied by substituting ``5,000''
for ``6,500''.
[[Page 122 STAT. 4470]]
Subtitle G--Military Justice
SEC. 561. EFFECTIVE PERIOD OF MILITARY PROTECTIVE ORDERS.
(a) In General.--Chapter 80 of title 10, United States Code, is
amended by adding at the end the following new section:
``SEC. 1567. DURATION OF MILITARY PROTECTIVE ORDERS.
``A military protective order issued by a military commander shall
remain in effect until such time as the military commander terminates
the order or issues a replacement order.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1567. Duration of military protective orders.''.
SEC. 562. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY
PROTECTIVE ORDER TO CIVILIAN LAW
ENFORCEMENT.
(a) In General.--Chapter 80 of title 10, United States Code, is
amended by inserting after section 1567, as added by section 561, the
following new section:
``SEC. 1567a. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY
PROTECTIVE ORDER TO CIVILIAN LAW
ENFORCEMENT.
``(a) Initial Notification.--In the event a military protective
order is issued against a member of the armed forces and any individual
involved in the order does not reside on a military installation at any
time during the duration of the military protective order, the commander
of the military installation shall notify the appropriate civilian
authorities of--
``(1) the issuance of the protective order; and
``(2) the individuals involved in the order.
``(b) Notification of Changes or Termination.--The commander of the
military installation also shall notify the appropriate civilian
authorities of--
``(1) any change made in a protective order covered by
subsection (a); and
``(2) the termination of the protective order.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1567 the following new item:
``1567a. Mandatory notification of issuance of military protective order
to civilian law enforcement.''.
SEC. 563. IMPLEMENTATION OF INFORMATION DATABASE ON SEXUAL ASSAULT
INCIDENTS IN THE ARMED FORCES.
(a) Database Required.--The Secretary of Defense shall implement a
centralized, case-level database for the collection, in a manner
consistent with Department of Defense regulations for restricted
reporting, and maintenance of information regarding sexual assaults
involving a member of the Armed Forces, including information, if
available, about the nature of the assault, the victim, the offender,
and the outcome of any legal proceedings in connection with the assault.
(b) Availability of Database.--The database required by subsection
(a) shall be available to personnel of the Sexual Assault Prevention and
Response Office of the Department of Defense.
[[Page 122 STAT. 4471]]
(c) <<NOTE: Deadlines.>> Implementation.--
(1) Plan for implementation.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a plan to
provide for the implementation of the database required by
subsection (a).
(2) Relation to defense incident-based reporting system.--
Not later than 180 days after the date of enactment of this Act,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
containing--
(A) a description of the current status of the
Defense Incident-Based Reporting System; and
(B) an explanation of how the Defense Incident-Based
Reporting System will relate to the database required by
subsection (a).
(3) Completion.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall complete
implementation of the database required by subsection (a).
(d) Reports.--The database required by subsection (a) shall be used
to develop and implement congressional reports, as required by--
(1) section 577(f) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375);
(2) section 596(c) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163);
(3) section 532 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364); and
(4) sections 4361, 6980, and 9361 of title 10, United States
Code.
(e) Terminology.--Section 577(b) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375) <<NOTE: 10 USC 113 note.>> is amended by adding at the end the
following new paragraph:
``(12) The Secretary shall implement clear, consistent, and
streamlined sexual assault terminology for use throughout the
Department of Defense.''.
Subtitle H--Decorations, Awards, and Honorary Promotions
SEC. 571. REPLACEMENT OF MILITARY DECORATIONS.
(a) Replacement Required.--Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 1135. Replacement of military decorations
``(a) Replacement.--In addition to other authorities available to
the Secretary concerned to replace a military decoration, the Secretary
concerned shall replace, on a one-time basis and without charge, a
military decoration upon the request of the recipient of the military
decoration or the immediate next of kin of a deceased recipient.
``(b) Military Decoration Defined.--In this section, the term
`decoration' means any decoration or award (other than the medal
[[Page 122 STAT. 4472]]
of honor) that may be presented or awarded by the President or the
Secretary concerned to a member of the armed forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1135. Replacement of military decorations.''.
SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
RICHARD L. ETCHBERGER FOR ACTS OF VALOR
DURING THE VIETNAM WAR.
(a) Authorization.--Notwithstanding <<NOTE: President.>> the time
limitations specified in section 8744 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President is
authorized and requested to award the Medal of Honor under section 8741
of such title to former Chief Master Sergeant Richard L. Etchberger for
the acts of valor during the Vietnam War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of then Chief Master Sergeant Richard L.
Etchberger as Ground Radar Superintendent of Detachment 1, 1043rd Radar
Evaluation Squadron on March 11, 1968, during the Vietnam War for which
he was originally awarded the Air Force Cross.
Subtitle I--Military Families
SEC. 581. PRESENTATION OF BURIAL FLAG TO THE SURVIVING SPOUSE AND
CHILDREN OF DECEASED MEMBERS OF THE ARMED
FORCES.
(a) Inclusion of Surviving Spouse and Children; Consolidation of
Flag-Related Authorities.--Subsection (e) of section 1482 of title 10,
United States Code, is amended--
(1) by designating the current text as paragraph (2) and
redesignating current paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) by inserting before paragraph (2), as so designated, the
following:
``(e) Presentation of Flag of the United States.--(1) In the case of
a decedent covered by section 1481 of this title, the Secretary
concerned may pay the necessary expenses for the presentation of a flag
of the United States to the following persons:
``(A) The person designated under subsection (c) to direct
disposition of the remains of the decedent.
``(B) The parents or parent of the decedent, if the person
to be presented a flag under subparagraph (A) is other than a
parent of the decedent.
``(C) The surviving spouse of the decedent (including a
surviving spouse who remarries after the decedent's death), if
the person to be presented a flag under subparagraph (A) is
other than the surviving spouse.
``(D) Each child of the decedent, regardless of whether the
person to be presented a flag under subparagraph (A) is a child
of the decedent.''; and
(3) by inserting at the end the following new paragraphs:
[[Page 122 STAT. 4473]]
``(3) A flag to be presented to a person under subparagraph (B),
(C), or (D) of paragraph (1) shall be of equal size to the flag
presented under subparagraph (A) of such paragraph to the person
designated to direct disposition of the remains of the decedent.
``(4) This subsection does not apply to a military prisoner who dies
while in the custody of the Secretary concerned and while under a
sentence that includes a discharge.
``(5) In this subsection:
``(A) The term `parent' includes a natural parent, a
stepparent, a parent by adoption, or a person who for a period
of not less than one year before the death of the decedent stood
in loco parentis to the decedent. Preference under paragraph
(1)(B) shall be given to the persons who exercised a parental
relationship at the time of, or most nearly before, the death of
the decedent.
``(B) The term `child' has the meaning prescribed by section
1477(d) of this title.''.
(b) Repeal of Superseded Provisions.--Subsection (a) of such section
is amended by striking paragraphs (10) and (11).
SEC. 582. EDUCATION AND TRAINING OPPORTUNITIES FOR MILITARY
SPOUSES.
(a) Employment and Portable Career Opportunities for Spouses.--
Subchapter I of chapter 88 of title 10, United States Code, is amended
by inserting after section 1784 the following new section:
``Sec. 1784a. Education and training opportunities for military
spouses to expand employment and portable
career opportunities
``(a) Programs and Tuition Assistance.--(1) The Secretary of Defense
may establish programs to assist the spouse of a member of the armed
forces described in subsection (b) in achieving--
``(A) the education and training required for a degree or
credential at an accredited college, university, or technical
school in the United States that expands employment and portable
career opportunities for the spouse; or
``(B) the education prerequisites and professional licensure
or credential required, by a government or government sanctioned
licensing body, for an occupation that expands employment and
portable career opportunities for the spouse.
``(2) As an alternative to, or in addition to, establishing a
program under this subsection, the Secretary may provide tuition
assistance to an eligible spouse who is pursuing education, training, or
a license or credential to expand the spouse's employment and portable
career opportunities.
``(b) Eligible Spouses.--Assistance under this section is limited to
a spouse of a member of the armed forces who is serving on active duty.
``(c) Exceptions.--Subsection (b) does not include--
``(1) a person who is married to, but legally separated
from, a member of the armed forces under court order or statute
of any State or territorial possession of the United States; and
``(2) a spouse of a member of the armed forces who is also a
member of the armed forces.
[[Page 122 STAT. 4474]]
``(d) Portable Career Opportunities Defined.--In this section, the
term `portable career' includes an occupation identified by the
Secretary of Defense, in consultation with the Secretary of Labor, as
requiring education and training that results in a credential that is
recognized nationwide by industry or specific businesses.
``(e) Regulations.--The Secretary of Defense shall prescribe
regulations to govern the availability and use of assistance under this
section. The Secretary shall ensure that programs established under this
section do not result in inequitable treatment for spouses of members of
the armed forces who are also members, since they are excluded from
participation in the programs under subsection (c)(2).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 1784 the following new item:
``1784a. Education and training opportunities for military spouses to
expand employment and portable career opportunities.''.
SEC. 583. SENSE OF CONGRESS REGARDING HONOR GUARD DETAILS FOR
FUNERALS OF VETERANS.
It is the sense of Congress that the Secretaries of the military
departments should, to the maximum extent practicable, provide honor
guard details for the funerals of veterans as is required under section
1491 of title 10, United States Code, as added by section 567(b) of
Public Law 105-261 (112 Stat. 2030).
Subtitle J--Other Matters
SEC. 591. PROHIBITION ON INTERFERENCE IN INDEPENDENT LEGAL ADVICE
BY THE LEGAL COUNSEL TO THE CHAIRMAN OF
THE JOINT CHIEFS OF STAFF.
Section 156(d) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Legal Counsel''; and
(2) by adding at the end the following new paragraph:
``(2) No officer or employee of the Department of Defense may
interfere with the ability of the Legal Counsel to give independent
legal advice to the Chairman of the Joint Chiefs of Staff and to the
Joint Chiefs of Staff.''.
SEC. 592. INTEREST PAYMENTS ON CERTAIN CLAIMS ARISING FROM
CORRECTION OF MILITARY RECORDS.
(a) Interest Payable on Claims.--Subsection (c) of section 1552 of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(4) If the correction of military records under this section
involves setting aside a conviction by court-martial, the payment of a
claim under this subsection in connection with the correction of the
records shall include interest at a rate to be determined by the
Secretary concerned, unless the Secretary determines that the payment of
interest is inappropriate under the circumstances. If the payment of the
claim is to include interest, the interest shall be calculated on an
annual basis, and compounded, using the amount of the lost pay,
allowances, compensation, emoluments, or other pecuniary benefits
involved, and the amount of any fine
[[Page 122 STAT. 4475]]
or forfeiture paid, beginning from the date of the conviction through
the date on which the payment is made.''.
(b) Clerical Amendments.--Subsection (c) of such section is further
amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) by inserting ``(1)'' after ``(c)'';
(3) by striking ``If the claimant'' and inserting the
following:
``(2) If the claimant''; and
(4) by striking ``A claimant's acceptance'' and inserting
the following:
``(3) A claimant's acceptance''.
(c) Retroactive Effectiveness
of <<NOTE: Applicability.>> Amendments.--The amendment made by
subsection (a) shall apply with respect to any sentence of a court-
martial set aside by a Corrections Board on or after October 1, 2007,
when the Corrections Board includes an order or recommendation for the
payment of a claim for the loss of pay, allowances, compensation,
emoluments, or other pecuniary benefits, or for the repayment of a fine
or forfeiture, that arose as a result of the conviction. In this
subsection, the term ``Corrections Board'' has the meaning given that
term in section 1557 of title 10, United States Code.
SEC. 593. EXTENSION OF LIMITATION ON REDUCTIONS OF PERSONNEL OF
AGENCIES RESPONSIBLE FOR REVIEW AND
CORRECTION OF MILITARY RECORDS.
Section 1559(a) of title 10, United States Code, is amended by
striking ``October 1, 2008'' and inserting ``December 31, 2010''.
SEC. 594. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER
NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
(a) In General.--Subsection (d) of section 509 of title 32, United
States Code, is amended to read as follows:
``(d) Matching Funds Required.--(1) The amount of assistance
provided by the Secretary of Defense to a State program of the Program
for a fiscal year under this section may not exceed 60 percent of the
costs of operating the State program during that fiscal year.
``(2) The limitation in paragraph (1) may not be construed as a
limitation on the amount of assistance that may be provided to a State
program of the Program for a fiscal year from sources other than the
Department of Defense.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on October 1, 2008, and shall apply with respect to fiscal years
beginning on or after that date.
SEC. 595. MILITARY SALUTE FOR THE FLAG DURING THE NATIONAL ANTHEM
BY MEMBERS OF THE ARMED FORCES NOT IN
UNIFORM AND BY VETERANS.
Section 301(b)(1) of title 36, United States Code, is amended by
striking subparagraphs (A) through (C) and inserting the following new
subparagraphs:
``(A) individuals in uniform should give the
military salute at the first note of the anthem and
maintain that position until the last note;
``(B) members of the Armed Forces and veterans who
are present but not in uniform may render the military
[[Page 122 STAT. 4476]]
salute in the manner provided for individuals in
uniform; and
``(C) all other persons present should face the flag
and stand at attention with their right hand over the
heart, and men not in uniform, if applicable, should
remove their headdress with their right hand and hold it
at the left shoulder, the hand being over the heart;
and''.
SEC. 596. MILITARY LEADERSHIP DIVERSITY COMMISSION.
(a) Establishment of Commission.--There is hereby established a
commission to be known as the ``Military Leadership Diversity
Commission'' (in this section referred to as the ``commission'').
(b) Composition.--
(1) Membership.--The commission shall be composed of the
following members:
(A) The Director of the Defense Manpower Management
Center.
(B) The Director of the Defense Equal Opportunity
Management Institute.
(C) A commissioned officer from each of the Army,
Navy, Air Force, and Marine Corps who serves or has
served in a leadership position with either a military
department command or combatant command.
(D) A retired general or flag officer from each of
the Army, Navy, Air Force, and Marine Corps.
(E) A retired noncommissioned officer from each of
the Army, Navy, Air Force, and Marine Corps.
(F) Five retired commissioned officers who served in
leadership positions with either a military department
command or combatant command, of whom no less than three
shall represent the views of minority veterans.
(G) Four individuals with expertise in cultivating
diverse leaders in private or non-profit organizations.
(H) An attorney with appropriate experience and
expertise in constitutional and legal matters related to
the duties and responsibilities of the commission.
(2) Appointment.--The members of the commission referred to
in subparagraphs (C) through (H) of paragraph (1) shall be
appointed by the Secretary of Defense.
(3) Chairman.--The Secretary of Defense shall designate one
member described in paragraphs (1)(F) or (1)(G) as chairman of
the commission.
(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the commission. Any vacancy in the
commission shall be filled in the same manner as the original
appointment.
(5) Deadline for appointment.--All members of the commission
shall be appointed not later than 60 days after the date of the
enactment of this Act.
(6) Quorum.--Fifteen members of the commission shall
constitute a quorum but a lesser number may hold hearings.
(c) Meetings.--
(1) Initial meeting.--The <<NOTE: Deadline.>> commission
shall conduct its first meeting not later than 30 days after the
date on which a majority of the appointed members of the
commission have been appointed.
[[Page 122 STAT. 4477]]
(2) Meetings.--The commission shall meet at the call of the
chairman.
(d) Duties.--
(1) Study.--The commission shall conduct a comprehensive
evaluation and assessment of policies that provide opportunities
for the promotion and advancement of minority members of the
Armed Forces, including minority members who are senior
officers.
(2) Scope of study.--In carrying out the study, the
commission shall examine the following:
(A) The efforts to develop and maintain diverse
leadership at all levels of the Armed Forces.
(B) The successes and failures of developing and
maintaining a diverse leadership, particularly at the
general and flag officer positions.
(C) The effect of expanding Department of Defense
secondary educational programs to diverse civilian
populations, to include military service academy
preparatory schools.
(D) The ability of current recruitment and retention
practices to attract and maintain a diverse pool of
qualified individuals in sufficient numbers in officer
pre-commissioning programs.
(E) The ability of current activities to increase
continuation rates for ethnic-and gender-specific
members of the Armed Forces.
(F) The benefits of conducting an annual conference
attended by civilian military, active-duty and retired
military, and corporate leaders on diversity, to include
a review of current policy and the annual demographic
data from the Defense Equal Opportunity Management
Institute.
(G) The status of prior recommendations made to the
Department of Defense and to Congress concerning
diversity initiatives within the Armed Forces.
(H) The incorporation of private sector practices
that have been successful in cultivating diverse
leadership.
(I) The establishment and maintenance of fair
promotion and command opportunities for ethnic- and
gender-specific members of the Armed Forces at the O-5
grade level and above.
(J) An assessment of pre-command billet assignments
of ethnic-specific members of the Armed Forces.
(K) An assessment of command selection of ethnic-
specific members of the Armed Forces.
(L) The development of a uniform definition, to be
used throughout the Department of Defense, of diversity
that is congruent with the core values and vision of the
Department for the future workforce.
(M) The existing metrics and milestones for
evaluating the diversity plans of the Department
(including the plans of the military departments) and
for facilitating future evaluation and oversight.
(N) The existence and maintenance of fair promotion,
assignment, and command opportunities for ethnic- and
gender-specific members of the Armed Forces at the
levels of warrant officer, chief warrant officer,
company and junior grade, field and mid-grade, and
general and flag officer.
[[Page 122 STAT. 4478]]
(O) The current institutional structure of the
Office of Diversity Management and Equal Opportunity of
the Department, and of similar officers of the military
departments, and their ability to ensure effective and
accountable diversity management across the Department.
(P) The options available for improving the
substance or implementation of current plans and
policies of the Department and the military departments.
(3) Consultation with private parties.--In carrying out the
study under this subsection, the commission may consult with
appropriate private, for profit, and non-profit organizations
and advocacy groups to learn methods for developing,
implementing, and sustaining senior diverse leadership within
the Department of Defense.
(e) Reports.--
(1) In general.--Not later than 12 months after the date on
which the commission first meets, the commission shall submit to
the President and Congress a report on the study. The report
shall include the following:
(A) The findings and conclusions of the commission.
(B) The recommendations of the commission for
improving diversity within the Armed Forces.
(C) Such other information and recommendations as
the commission considers appropriate.
(2) Interim reports.--The commission may submit to the
President and Congress interim reports as the Commission
considers appropriate.
(f) Powers of the Commission.--
(1) Hearings.--The commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the commission considers appropriate.
(2) Information from federal agencies.--Upon request by the
chairman of the commission, any department or agency of the
Federal Government may provide information that the commission
considers necessary to carry out its duties.
(g) Inclusion of Coast Guard.--
(1) Coast guard representation.--In addition to the members
of the commission required by subsection (b), the commission
shall include two additional members, appointed by the Secretary
of Homeland Security, in consultation with the Commandant of the
Coast Guard, as follows:
(A) A retired flag officer of the Coast Guard.
(B) A commissioned officer or noncommissioned
officer of the Coast Guard on active duty.
(2) Armed forces defined.--In this section, the term ``Armed
Forces'' means the Army, Navy, Air Force, Marine Corps, and
Coast Guard.
(h) Termination of Commission.--The commission shall terminate 60
days after the date on which the commission submits the report under
subsection (e)(1).
[[Page 122 STAT. 4479]]
SEC. 597. DEMONSTRATION PROJECT ON SERVICE OF RETIRED NURSE CORPS
OFFICERS AS FACULTY AT CIVILIAN NURSING
SCHOOLS.
(a) In General.--The Secretary of Defense may conduct a
demonstration project to encourage retired military nurses to serve as
faculty at civilian nursing schools.
(b) Eligibility Requirements.--
(1) Individual.--An individual is eligible to participate in
the demonstration project if the individual--
(A) is a retired nurse corps officer of one of the
Armed Forces;
(B) has had at least 26 years of active Federal
commissioned service before retiring; and
(C) possesses a doctoral or master degree in nursing
that qualifies the officer to become a full faculty
member of an accredited school of nursing.
(2) Institution.--An accredited school of nursing is
eligible to participate in the demonstration project if the
school or its parent institution of higher education--
(A) is a school of nursing that is accredited to
award, at a minimum, a bachelor of science in nursing
and provides educational programs leading to such
degree;
(B) has a resident Reserve Officers' Training Corps
unit at the institution of higher education that fulfils
the requirements of sections 2101 and 2102 of title 10,
United States Code;
(C) does not prevent Reserve Officers' Training
Corps access or military recruiting on campus, as
defined in section 983 of title 10, United States Code;
(D) provides any retired nurse corps officer
participating in the demonstration project a salary and
other compensation at the level to which other similarly
situated faculty members of the accredited school of
nursing are entitled, as determined by the Secretary of
Defense; and
(E) agrees to comply with subsection (d).
(c) Compensation.--The Secretary of Defense may authorize a
Secretary of a military department to authorize qualified institutions
of higher education to employ as faculty those eligible individuals (as
described in subsection (b)) who are receiving retired pay, whose
qualifications are approved by the Secretary and the institution of
higher education concerned, and who request such employment, subject to
the following:
(1) A retired nurse corps officer so employed is entitled to
receive the officer's retired pay without reduction by reason of
any additional amount paid to the officer by the institution of
higher education concerned. In the case of payment of any such
additional amount by the institution of higher education
concerned, the Secretary of the military department concerned
may pay to that institution the amount equal to one-half the
amount paid to the retired officer by the institution for any
period, up to a maximum of one-half of the difference between
the officer's retired pay for that period and the active duty
pay and allowances that the officer would have received for that
period if on active duty. Payments by the Secretary concerned
under this paragraph shall be made from funds specifically
appropriated for that purpose.
[[Page 122 STAT. 4480]]
(2) Notwithstanding any other provision of law contained in
title 10, title 32, or title 37, United States Code, such a
retired nurse corps officer is not, while so employed,
considered to be on active duty or inactive duty training for
any purpose.
(d) Scholarships for Nurse
Officer <<NOTE: Applicability.>> Candidates.--For purposes of the
eligibility of an institution under subsection (b)(2)(E), the following
requirements apply:
(1) Each accredited school of nursing at which a retired
nurse corps officer serves on the faculty under this section
shall provide full academic scholarships to individuals
undertaking an educational program at such school leading to a
bachelor of science in nursing degree who agree, upon completion
of such program, to accept a commission as an officer in the
nurse corps of one of the Armed Forces.
(2) The total number of scholarships provided by an
accredited school of nursing under paragraph (1) for each
officer serving on the faculty of that school under this section
shall be such number as the Secretary of Defense shall specify
for purposes of this section.
(3) <<NOTE: Payments.>> Each accredited school of nursing
shall pay to the Department of Defense an amount equal to the
value of the scholarship for every nurse officer candidate who
fails to be accessed as a nurse corps officer into one of the
Armed Forces within one year of receiving a bachelor of science
degree in nursing from that school.
(4) The Secretary concerned is authorized to discontinue the
demonstration project authorized in this section at any
institution of higher education that fails to fulfill the
requirements of paragraph (3).
(e) Report.--
(1) In general.--Not later than 24 months after the
commencement of any demonstration project under this section,
the Secretary of Defense shall submit to the congressional
defense committees a report on the demonstration project. The
report shall include a description of the project and a
description of plans for the continuation of the project, if
any.
(2) Elements.--The report shall also include, at a minimum,
the following:
(A) The current number of retired nurse corps
officers who have at least 26 years of active Federal
commissioned service who would be eligible to
participate in the program.
(B) The number of retired nurse corps officers
participating in the demonstration project.
(C) The number of accredited schools of nursing
participating in the demonstration project.
(D) The number of nurse officer candidates who have
accessed into the military as commissioned nurse corps
officers.
(E) The number of scholarships awarded to nurse
officer candidates.
(F) The number of nurse officer candidates who have
failed to access into the military, if any.
(G) The amount paid to the Department of Defense in
the event any nurse officer candidates awarded
scholarships by the accredited school of nursing fail to
access into the military as commissioned nurse corps
officers.
[[Page 122 STAT. 4481]]
(H) The funds expended in the operation of the
demonstration project.
(I) The recommendation of the Secretary of Defense
as to whether the demonstration project should be
extended.
(f) Definitions.--In this section, the terms ``school of nursing''
and ``accredited'' have the meeting given those terms in section 801 of
the Public Health Service Act (42 U.S.C. 296).
(g) Sunset.--The authority in this section shall expire on June 30,
2014.
SEC. 598. REPORT ON PLANNING FOR PARTICIPATION AND HOSTING OF THE
DEPARTMENT OF DEFENSE IN INTERNATIONAL
SPORTS ACTIVITIES, COMPETITIONS, AND
EVENTS.
(a) Report Required.--Not later than October 1, 2009, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report setting forth a
comprehensive plan for the following:
(1) The participation by personnel of the Department of
Defense in international sports activities, competitions, and
events (including the Pan American Games, the Olympic Games, the
Paralympic Games, the Military World Games, other activities of
the International Military Sports Council (CISM), and the
Interallied Confederation of Reserve Officers (CIOR)) through
fiscal year 2015.
(2) The hosting by the Department of Defense of military
international sports activities, competitions, and events
through fiscal year 2015.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A discussion of the military international sports
activities, competitions, and events that the Department of
Defense intends to seek to host, an estimate of the costs of
hosting such activities, competitions, and events that the
Department intends to seek to host, and a description of the
sources of funding for such costs.
(2) A discussion of the use and replenishment of funds in
the account in the Treasury for the Support for International
Sporting Competitions for the hosting of such activities,
competitions, and events that the Department intends to seek to
host.
(3) A discussion of the support that may be obtained from
other departments and agencies of the Federal Government, State
and local governments, and private entities in encouraging
participation of members of the Armed Forces in international
sports activities, competitions, and events or in hosting of
military international sports activities, competitions, and
events.
(4) Such recommendations for legislative or administrative
action as the Secretary considers appropriate to implement or
enhance planning for the matters described in subsection (a).
[[Page 122 STAT. 4482]]
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2009 increase in military basic pay.
Sec. 602. Permanent extension of prohibition on charges for meals
received at military treatment facilities by members
receiving continuous care.
Sec. 603. Increase in maximum authorized payment or reimbursement amount
for temporary lodging expenses.
Sec. 604. Availability of second family separation allowance for married
couples with dependents.
Sec. 605. Extension of authority for income replacement payments for
reserve component members experiencing extended and frequent
mobilization for active duty service.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for
Reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for
health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of authorities relating to payment of other title 37
bonuses and special pays.
Sec. 615. Extension of authorities relating to payment of referral
bonuses.
Sec. 616. Increase in maximum bonus and stipend amounts authorized under
Nurse Officer Candidate Accession Program and health
professions stipend program.
Sec. 617. Maximum length of nuclear officer incentive pay agreements for
service.
Sec. 618. Technical changes regarding consolidation of special pay,
incentive pay, and bonus authorities of the uniformed
services.
Sec. 619. Use of new skill incentive pay and proficiency bonus
authorities to encourage training in critical foreign
languages and foreign cultural studies and authorization of
incentive pay for members of precommissioning programs
pursuing foreign language proficiency.
Sec. 620. Accession and retention bonuses for the recruitment and
retention of officers in certain health professions.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Special weight allowance for transportation of professional
books and equipment for spouses.
Sec. 622. Shipment of family pets during evacuation of personnel.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 631. Extension to survivors of certain members who die on active
duty of special survivor indemnity allowance for persons
affected by required Survivor Benefit Plan annuity offset for
dependency and indemnity compensation.
Sec. 632. Correction of unintended reduction in survivor benefit plan
annuities due to phased elimination of two-tier annuity
computation and supplemental annuity.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 641. Use of commissary stores surcharges derived from temporary
commissary initiatives for reserve component and retired
members.
Sec. 642. Enhanced enforcement of prohibition on sale or rental of
sexually explicit material on military installations.
Subtitle F--Other Matters
Sec. 651. Continuation of entitlement to bonuses and similar benefits
for members of the uniformed services who die, are separated
or retired for disability, or meet other criteria.
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2009 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2009 required by section
[[Page 122 STAT. 4483]]
1009 of title 37, United States Code, in the rates of monthly basic pay
authorized members of the uniformed services shall not be made.
(b) Increase <<NOTE: Effective date.>> in Basic Pay.--Effective on
January 1, 2009, the rates of monthly basic pay for members of the
uniformed services are increased by 3.9 percent.
SEC. 602. PERMANENT EXTENSION OF PROHIBITION ON CHARGES FOR MEALS
RECEIVED AT MILITARY TREATMENT FACILITIES
BY MEMBERS RECEIVING CONTINUOUS CARE.
Section 402(h) of title 37, United States Code, is amended--
(1) in paragraph (1), by striking ``during any month covered
by paragraph (3)'' and all that follows through ``this
section''; and
(2) by striking paragraph (3).
SEC. 603. INCREASE IN MAXIMUM AUTHORIZED PAYMENT OR REIMBURSEMENT
AMOUNT FOR TEMPORARY LODGING EXPENSES.
Section 404a(e) of title 37, United States Code, is amended by
striking ``$180 a day'' and inserting ``$290 a day''.
SEC. 604. AVAILABILITY OF SECOND FAMILY SEPARATION ALLOWANCE FOR
MARRIED COUPLES WITH DEPENDENTS.
(a) Availability.--Section 427(d) of title 37, United States Code,
is amended--
(1) by inserting ``(1)'' before ``A member'';
(2) by striking ``Section 421'' and inserting the following:
``(3) Section 421'';
(3) by striking ``However'' and inserting ``Except as
provided in paragraph (2)''; and
(4) by inserting before paragraph (3), as so designated, the
following new paragraph:
``(2) If a married couple, both of whom are members of the uniformed
services, with dependents are simultaneously assigned to duties
described in subparagraph (A), (B), or (C) of subsection (a)(1) and the
members resided together with their dependents immediately before their
assignments, the Secretary concerned shall pay each of the members the
full amount of the monthly allowance specified in such subsection until
one of the members is no longer assigned to duties described
in <<NOTE: Applicability.>> such subparagraphs. Upon expiration of the
additional allowance, paragraph (1) shall continue to apply to the
remaining member so long as the member is assigned to duties described
in subparagraph (A), (B), or (C) of such subsection.''.
(b) Application of Amendment.--Paragraph (2) of subsection (d) of
section 427 of title 37, United States Code, as added by subsection (a),
shall apply with respect to members of the uniformed services described
in such paragraph who perform service covered by subparagraph (A), (B),
or (C) of subsection (a)(1) such section on or after October 1, 2008.
SEC. 605. EXTENSION OF AUTHORITY FOR INCOME REPLACEMENT PAYMENTS
FOR RESERVE COMPONENT MEMBERS EXPERIENCING
EXTENDED AND FREQUENT MOBILIZATION FOR
ACTIVE DUTY SERVICE.
Section 910(g) of title 37, United States Code, is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
[[Page 122 STAT. 4484]]
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES
FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(g) of title
37, United States Code, is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(b) Selected Reserve Affiliation or Enlistment Bonus.--Section
308c(i) of such title is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(c) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
(d) Ready Reserve Enlistment Bonus for Persons Without Prior
Service.--Section 308g(f)(2) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
(e) Ready Reserve Enlistment and Reenlistment Bonus for Persons With
Prior Service.--Section 308h(e) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
(f) Selected Reserve Enlistment Bonus for Persons With Prior
Service.--Section 308i(f) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES
FOR HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2008'' and inserting ``December 31, 2009''.
(b) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of such title is
amended--
(1) by striking ``before'' and inserting ``on or before'';
and
(2) by striking ``January 1, 2009'' and inserting ``December
31, 2009''.
(c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2008'' and inserting ``December 31, 2009''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2008''
and inserting ``December 31, 2009''.
(e) Special Pay for Selected Reserve Health Professionals in
Critically Short Wartime Specialties.--Section 302g(e) of such title is
amended by striking ``December 31, 2008'' and inserting ``December 31,
2009''.
(f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of such
title is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(g) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such
title is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(h) Accession Bonus for Medical Officers in Critically Short Wartime
Specialties.--Section 302k(f) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
[[Page 122 STAT. 4485]]
(i) Accession Bonus for Dental Specialist Officers in Critically
Short Wartime Specialties.--Section 302l(g) of such title is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(f) of title 37, United States Code, is
amended by striking ``December 31, 2008'' and inserting ``December 31,
2009''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2008'' and inserting ``December
31, 2009''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER
TITLE 37 BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(b) Assignment Incentive Pay.--Section 307a(g) of such title is
amended by striking ``December 31, 2008'' and inserting ``December 31,
2009''.
(c) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(d) Enlistment Bonus.--Section 309(e) of such title is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
(e) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of such title is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(f) Incentive Bonus for Conversion to Military Occupational
Specialty to Ease Personnel Shortage.--Section 326(g) of such title is
amended by striking ``December 31, 2008'' and inserting ``December 31,
2009''.
(g) Accession Bonus for Officer Candidates.--Section 330(f) of such
title is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(h) Retention Bonus for Members With Critical Military Skills or
Assigned to High Priority Units.--Section 355(i) of such title, as
redesignated by section 661(c) of the National Defense Authorization Act
for Fiscal Year 2008, is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REFERRAL
BONUSES.
(a) Health Professions Referral Bonus.--Subsection (i) of section
1030 of title 10, United States Code, as added by section 671(b) of the
National Defense Authorization Act for Fiscal Year 2008, is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
(b) Army Referral Bonus.--Subsection (h) of section 3252 of title
10, United States Code, as added by section 671(a) of the National
Defense Authorization Act for Fiscal Year 2008, is
[[Page 122 STAT. 4486]]
amended by striking ``December 31, 2008'' and inserting ``December 31,
2009''.
SEC. 616. INCREASE IN MAXIMUM BONUS AND STIPEND AMOUNTS AUTHORIZED
UNDER NURSE OFFICER CANDIDATE ACCESSION
PROGRAM AND HEALTH PROFESSIONS STIPEND
PROGRAM.
(a) Bonus Under Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended--
(1) by striking ``$10,000'' and inserting ``$20,000''; and
(2) by striking ``$5,000'' and inserting ``$10,000''.
(b) Monthly Stipend Under Nurse Officer Candidate Accession
Program.--Section 2130a(a)(2) of title is amended by striking ``of not
more than $1,000'' and inserting ``in an amount not to exceed the
stipend rate in effect under section 2121(d) of this title''.
(c) Monthly Stipend for Students in Nursing or Other Health
Professions Under Health Professions Stipend Program.--Section
16201(e)(2)(A) of title is amended by striking ``stipend of $100 per
month'' and inserting ``monthly stipend in an amount not to exceed the
stipend rate in effect under section 2121(d) of this title''.
SEC. 617. MAXIMUM LENGTH OF NUCLEAR OFFICER INCENTIVE PAY
AGREEMENTS FOR SERVICE.
Section 312(a)(3) of title 37, United States Code, is amended by
striking ``three, four, or five years'' and inserting ``not less than
three years''.
SEC. 618. TECHNICAL CHANGES REGARDING CONSOLIDATION OF SPECIAL
PAY, INCENTIVE PAY, AND BONUS AUTHORITIES
OF THE UNIFORMED SERVICES.
(a) Eligibility Requirements for Nuclear Officer Bonus and Incentive
Pay.--Section 333 of title 37, United States Code, is amended--
(1) in subsection (a)(2), by striking ``and operational'';
and
(2) in subsection (b)(2), by striking ``and operational''.
(b) Relationship of Aviation Incentive Pay to Other Pay and
Allowances.--Section 334(f)(1) of such title is amended by striking
``section 351'' and inserting ``section 351(a)(2)''.
(c) Health Professions Incentive Pay.--Section 335(e)(1)(D)(i) of
such title is amended by striking ``dental surgeons'' and inserting
``dental officers''.
(d) No Pro-Rated Payment of Certain Hazardous Duty Pays.--Section
351(c) of such title is amended by striking ``subsection (a)'' and
inserting ``paragraph (1) or (3) of subsection (a)''.
(e) Availability of Hazardous Duty Pay.--Section 351(f) of such
title is amended--
(1) by striking ``in administering subsection (a)'' and
inserting ``in connection with determining whether a triggering
event has occurred for the provision of hazardous duty pay under
subsection (a)(1)''; and
(2) by striking the last sentence.
[[Page 122 STAT. 4487]]
SEC. 619. USE OF NEW SKILL INCENTIVE PAY AND PROFICIENCY BONUS
AUTHORITIES TO ENCOURAGE TRAINING IN
CRITICAL FOREIGN LANGUAGES AND FOREIGN
CULTURAL STUDIES AND AUTHORIZATION OF
INCENTIVE PAY FOR MEMBERS OF
PRECOMMISSIONING PROGRAMS PURSUING FOREIGN
LANGUAGE PROFICIENCY.
(a) Eligibility for Skill Proficiency Bonus.--
(1) Eligibility.--Subsection (b) of section 353 of title 37,
United States Code, is amended to read as follows:
``(b) Skill Proficiency Bonus.--
``(1) Availability; eligible persons.--The Secretary
concerned may pay a proficiency bonus to a member of a regular
or reserve component of the uniformed services who--
``(A) is entitled to basic pay under section 204 of
this title or compensation under section 206 of this
title or is enrolled in an officer training program; and
``(B) is determined to have, and maintains,
certified proficiency under subsection (d) in a skill
designated as critical by the Secretary concerned or is
in training to acquire proficiency in a critical foreign
language or expertise in foreign cultural studies or a
related skill designated as critical by the Secretary
concerned.
``(2) Inclusion of certain senior rotc members.--A
proficiency bonus may be paid under this subsection to a student
who is enrolled in the Senior Reserve Officers' Training Corps
program even though the student is in the first year of the
four-year course under the program. During the period covered by
the proficiency bonus, the student shall also be entitled to a
monthly subsistence allowance under section 209(c) of this title
even though the student has not entered into an agreement under
section 2103a of title 10. However, if the student receives
incentive pay under subsection (g)(2) for the same period, the
student may receive only a single monthly subsistence allowance
under section 209(c) of this title.''.
(2) Availability of incentive pay for participation in
foreign language education or training programs.--Such section
is further amended--
(A) by redesignating subsections (g), (h), and (i)
as subsections (h), (i), and (j), respectively; and
(B) by inserting after subsection (f) the following
new subsection (g):
``(g) Foreign Language Studies in Officer Training Programs.--
``(1) Availability of incentive pay.--The Secretary
concerned may pay incentive pay to a person enrolled in an
officer training program to also participate in an education or
training program to acquire proficiency in a critical foreign
language or expertise in foreign cultural studies or a related
skill designated as critical by the Secretary concerned.
``(2) Inclusion of certain senior rotc members.--Incentive
pay may be paid under this subsection to a student who is
enrolled in the Senior Reserve Officers' Training Corps program
even though the student is in the first year of the four-year
course under the program. While the student receives the
incentive pay, the student shall also be entitled to a monthly
subsistence allowance under section 209(c) of this title even
though the student has not entered into an agreement under
[[Page 122 STAT. 4488]]
section 2103a of title 10. However, if the student receives a
proficiency bonus under subsection (b)(2) covering the same
month, the student may receive only a single monthly subsistence
allowance under section 209(c) of this title.
``(3) Critical foreign language defined.--In this section,
the term `critical foreign language' includes Arabic, Korean,
Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian,
Russian, Portuguese, or other language designated as critical by
the Secretary concerned.''.
(b) Incentive Pay Authorized.--
(1) In general.--Chapter 5 of title 37, United States Code,
is amended by inserting after section 316 the following new
section:
``Sec. 316a. Special pay: incentive pay for members of
precommissioning programs pursuing foreign
language proficiency
``(a) Incentive Pay.--The Secretary of Defense may pay incentive pay
under this section to an individual who--
``(1) is enrolled as a member of the Senior Reserve
Officers' Training Corps or the Marine Corps Platoon Leaders
Class, as determined in accordance with regulations prescribed
by the Secretary of Defense under subsection (e); and
``(2) participates in a language immersion program approved
for purposes of the Senior Reserve Officers' Training Corps, or
in study abroad, or is enrolled in an academic course that
involves instruction in a foreign language of strategic interest
to the Department of Defense as designated by the Secretary of
Defense for purposes of this section.
``(b) Period of Payment.--Incentive pay is payable under this
section to an individual described in subsection (a) for the period of
the individual's participation in the language program or study
described in paragraph (2) of that subsection.
``(c) Amount.--The amount of incentive pay payable to an individual
under this section may not exceed $3,000 per year.
``(d) Repayment.--An individual who is paid incentive pay under this
section but who does not satisfactorily complete participation in the
individual's language program or study as described in subsection
(a)(2), or who does not complete the requirements of the Senior Reserve
Officers' Training Corps or the Marine Corps Platoon Leaders Class, as
applicable, shall be subject to the repayment provisions of section
303a(e) of this title.
``(e) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of Defense.
``(f) Reports.--Not later than January 1, 2010, and annually
thereafter through 2014, the Secretary of Defense shall submit to the
Director of the Office of Management and Budget, and to Congress, a
report on the payment of incentive pay under this section during the
preceding fiscal year. Each report shall include, for the fiscal year
covered by such report, the following:
``(1) The number of individuals paid incentive pay under
this section, the number of individuals commencing receipt of
incentive pay under this section, and the number of individuals
ceasing receipt of incentive pay under this section.
``(2) The amount of incentive pay paid to individuals under
this section.
[[Page 122 STAT. 4489]]
``(3) The aggregate amount recouped under section 303a(e) of
this title in connection with receipt of incentive pay under
this section.
``(4) The languages for which incentive pay was paid under
this section, including the total amount paid for each such
language.
``(5) The effectiveness of incentive pay under this section
in assisting the Department of Defense in securing proficiency
in foreign languages of strategic interest to the Department of
Defense, including a description of how recipients of pay under
this section are assigned and utilized following completion of
the program of study.
``(g) Termination of Authority.--No incentive pay may be paid under
this section after December 31, 2013.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 316 the following new item:
``316a. Special pay: incentive pay for members of precommissioning
programs pursuing foreign language proficiency.''.
(c) Pilot Program for Foreign Language Proficiency Training for
Reserve Members.--
(1) Pilot program required.--The Secretary of Defense shall
conduct a pilot program to provide a skill proficiency bonus
under section 353(b) of title 37, United States Code, to a
member of a reserve component of the uniformed services who is
entitled to compensation under section 206 of such title while
the member participates in an education or training program to
acquire proficiency in a critical foreign language or expertise
in foreign cultural studies or a related skill designated as
critical under such section 353.
(2) Duration of pilot program.--The Secretary shall conduct
the pilot program during the period beginning on October 1,
2008, and ending on December 31, 2013. Incentive pay may not be
provided under the pilot program after December 31, 2013.
(3) Reporting requirement.--Not later than March 31, 2012,
the Secretary shall submit to Congress a report containing the
results of the pilot program and the recommendations of the
Secretary regarding whether to continue or expand the pilot
program.
(d) Expedited Implementation.--Notwithstanding section 662 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 180; 37 U.S.C. 301 note), the Secretary of a military
department may immediately implement the amendments made by subsection
(a) in order to ensure the prompt availability of proficiency bonuses
and incentive pay under section 353 of title 37, United States Code, as
amended by such subsections, for persons enrolled in officer training
programs.
SEC. 620. ACCESSION AND RETENTION BONUSES FOR THE RECRUITMENT AND
RETENTION OF OFFICERS IN CERTAIN HEALTH
PROFESSIONS.
(a) Targeted Bonus Authority to Increase Direct Accessions.--
(1) Designation of critically short wartime health
specialties.--For purposes of section 335 of title 37, United
States Code, as added by section 661 of the National Defense
[[Page 122 STAT. 4490]]
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 169), the following health professions are designated as a
critically short wartime specialty under subsection (a)(2) of
such section:
(A) Psychologists who have been awarded a diploma as
a Diplomate in Psychology by the American Board of
Professional Psychology and are fully licensed and such
other mental health practitioners as the Secretary
concerned determines to be necessary.
(B) Registered nurses.
(2) Special agreement authority.--Under the authority
provided by this section, the Secretary concerned may enter into
an agreement under subsection (f) of section 335 of title 37,
United States Code, to pay a health professions bonus under such
section to a person who accepts a commission or appointment as
an officer and whose health profession specialty is specified in
paragraph (1) of this subsection.
(3) Secretary concerned defined.--In this subsection, the
term ``Secretary concerned'' has the meaning given that term in
section 101(5) of title 37, United States Code.
(4) Effective <<NOTE: Expiration date.>> period.--The
designations made by this subsection and the authority to enter
into an agreement under paragraph (2) of this subsection expire
on September 30, 2010.
(b) Accession and Retention Bonuses for Psychologists.--
(1) In general.--Chapter 5 of title 37, United States Code,
is amended by inserting after section 302c the following new
section:
``Sec. 302c-1. Special pay: accession and retention bonuses for
psychologists
``(a) Accession Bonus.--
``(1) Accession bonus authorized.--A person described in
paragraph (2) who executes a written agreement described in
subsection (d) to accept a commission as an officer of the armed
forces and remain on active duty for a period of not less than
four consecutive years may, upon acceptance of the agreement by
the Secretary concerned, be paid an accession bonus in an
amount, subject to subsection (c)(1), determined by the
Secretary concerned.
``(2) Eligible persons.--A person described in paragraph (1)
is any person who--
``(A) is a graduate of an accredited school of
psychology; and
``(B) holds a valid State license to practice as a
doctoral level psychologist.
``(3) Limitation on eligibility.--A person may not be paid a
bonus under this subsection if--
``(A) the person, in exchange for an agreement to
accept an appointment as an officer, received financial
assistance from the Department of Defense to pursue a
course of study in psychology; or
``(B) the Secretary concerned determines that the
person is not qualified to become and remain certified
as a psychologist.
``(b) Multiyear Retention Bonus.--
``(1) Retention bonus authorized.--An officer described in
paragraph (2) who executes a written agreement described
[[Page 122 STAT. 4491]]
in subsection (d) to remain on active duty for up to four years
after completion of any other active-duty service commitment
may, upon acceptance of the agreement by the Secretary
concerned, be paid a retention bonus as provided in this
section.
``(2) Eligible officers.--An officer described in paragraph
(1) is an officer of the armed forces who--
``(A) is a psychologist of the armed forces;
``(B) is in a pay grade below pay grade O-7;
``(C) has at least eight years of creditable service
(computed as described in section 302b(f) of this title)
or has completed any active-duty service commitment
incurred for psychology education and training;
``(D) has completed initial residency training (or
will complete such training before September 30 of the
fiscal year in which the officer enters into the
agreement under this subsection); and
``(E) holds a valid State license to practice as a
doctoral level psychologist.
``(c) Maximum Amount of Bonus.--
``(1) Accession bonus.--The amount of an accession bonus
under subsection (a) may not exceed $400,000.
``(2) Retention bonus.--The amount of a retention bonus
under subsection (b) may not exceed $25,000 for each year of the
agreement of the officer concerned.
``(d) Agreement.--The agreement referred to in subsections (a) and
(b) shall provide that, consistent with the needs of the armed force
concerned, the person or officer executing the agreement will be
assigned to duty, for the period of obligated service covered by the
agreement, as an officer of such armed force as a psychologist.
``(e) Repayment.--
``(1) Accession bonus.--A person who, after signing an
agreement under subsection (a), is not commissioned as an
officer of the armed forces, does not become licensed as a
psychologist, or does not complete the period of active duty
specified in the agreement shall be subject to the repayment
provisions of section 303a(e) of this title.
``(2) Retention bonus.--An officer who does not complete the
period of active duty specified in the agreement entered into
under subsection (b) shall be subject to the repayment
provisions of section 303a(e) of this title.
``(f) Termination of Authority.--No agreement under subsection (a)
or (b) may be entered into after December 31, 2009.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 302c the following new item:
``302c-1. Special pay: accession and retention bonuses for
psychologists.''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. SPECIAL WEIGHT ALLOWANCE FOR TRANSPORTATION OF
PROFESSIONAL BOOKS AND EQUIPMENT FOR
SPOUSES.
Section 406(b)(1)(D) of title 37, United States Code, is amended--
[[Page 122 STAT. 4492]]
(1) by inserting ``(i)'' after ``(D)'';
(2) in the second sentence of clause (i), as designated by
paragraph (1), by striking ``this subparagraph'' and inserting
``this clause'';
(3) by designating the last sentence as clause (iii) and
indenting the margin of such clause, as so designated, two ems
from the left margin; and
(4) by inserting after clause (i), as designated by
paragraph (1), the following new clause:
``(ii) In addition to the weight allowance authorized for such
member with dependents under paragraph (C), the Secretary concerned may
authorize up to an additional 500 pounds in weight allowance for
shipment of professional books and equipment belonging to the spouse of
such member.''.
SEC. 622. SHIPMENT OF FAMILY PETS DURING EVACUATION OF PERSONNEL.
Section 406(b)(1) of title 37, United States Code, is amended by
adding at the end the following new subparagraph:
``(H)(i) Except as provided in paragraph (2) and subject to clause
(iii), in connection with an evacuation from a permanent station located
in a foreign area, a member is entitled to transportation (including
shipment and payment of any quarantine costs) of family household pets.
``(ii) A member entitled to transportation under clause (i) may be
paid reimbursement or, at the member's request, a monetary allowance in
accordance with the provisions of subparagraph (F) if the member secures
by commercial means shipment and any quarantining of the pets otherwise
subject to transportation under clause (i).
``(iii) <<NOTE: Regulations.>> The provision of transportation under
clause (i) and the payment of reimbursement under clause (ii) shall be
subject to such regulations as the Secretary of Defense shall prescribe
with respect to members of the armed forces for purposes of this
subparagraph. Such regulations may specify limitations on the types,
size, and number of pets for which transportation may be provided or
reimbursement paid.''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 631. EXTENSION TO SURVIVORS OF CERTAIN MEMBERS WHO DIE ON
ACTIVE DUTY OF SPECIAL SURVIVOR INDEMNITY
ALLOWANCE FOR PERSONS AFFECTED BY REQUIRED
SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR
DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Extension.--Subsection (m) of section 1450 of title 10, United
States Code, as added by section 644 of the National Defense
Authorization Act for Fiscal Year 2008, is amended in paragraph (1)(B)
by striking ``section 1448(a)(1) of this title'' and inserting
``subsection (a)(1) of section 1448 of this title or by reason of
coverage under subsection (d) of such section''.
(b) Application of Amendment.--The <<NOTE: Effective
date.>> amendment made by subsection (a) shall apply with respect to the
month beginning on October 1, 2008, and subsequent months as provided by
paragraph (6) of subsection (m) of section 1450 of title 10, United
[[Page 122 STAT. 4493]]
States Code, as added by section 644 of the National Defense
Authorization Act for Fiscal Year 2008.
SEC. 632. CORRECTION OF UNINTENDED REDUCTION IN SURVIVOR BENEFIT
PLAN ANNUITIES DUE TO PHASED ELIMINATION
OF TWO-TIER ANNUITY COMPUTATION AND
SUPPLEMENTAL ANNUITY.
<<NOTE: Effective date.>> Effective as of October 28, 2004, and as
if included therein as enacted, section 644(c) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 1961; 10 U.S.C. 1450 note) is amended by adding at the
end the following new paragraph:
``(3) Savings provision.--If, as a result of the
recomputation of annuities under section 1450 of title 10,
United States Code, and supplemental survivor annuities under
section 1457 of such title, as required by paragraph (1), the
total amount of both annuities to be paid to an annuitant for a
month would be less (because of the offset required by section
1450(c) of such title for dependency and indemnity compensation)
than the amount that would be paid to the annuitant in the
absence of recomputation, the Secretary of Defense shall take
such actions as are necessary to adjust the annuity amounts to
eliminate the reduction.''.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
SEC. 641. USE OF COMMISSARY STORES SURCHARGES DERIVED FROM
TEMPORARY COMMISSARY INITIATIVES FOR
RESERVE COMPONENT AND RETIRED MEMBERS.
Section 2484(h) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(2) in such paragraph (4), as so redesignated, by striking
``paragraph (1) or (2)'' and inserting ``paragraph (1), (2), or
(3)''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) The Secretary of Defense may use the proceeds derived from
surcharges imposed under subsection (d) in connection with sales of
commissary merchandise through initiatives described in subparagraph (B)
to offset the cost of such initiatives.
``(B) <<NOTE: Applicability.>> Subparagraph (A) applies with respect
to initiatives, utilizing temporary and mobile equipment, intended to
provide members of reserve components, retired members, and other
persons eligible for commissary benefits, but without reasonable access
to commissary stores, improved access to commissary merchandise.''.
SEC. 642. ENHANCED ENFORCEMENT OF PROHIBITION ON SALE OR RENTAL OF
SEXUALLY EXPLICIT MATERIAL ON MILITARY
INSTALLATIONS.
(a) Establishment of Resale Activities Review Board.--Section 2495b
of title 10, United States Code, is amended--
[[Page 122 STAT. 4494]]
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Resale Activities Review Board.--(1) The Secretary of Defense
shall establish a nine-member board to make recommendations to the
Secretary regarding whether material sold or rented, or proposed for
sale or rental, on property under the jurisdiction of the Department of
Defense is barred from sale or rental by subsection (a).
``(2)(A) The Secretary of Defense shall appoint six members of the
board to broadly represent the interests of the patron base served by
the defense commissary system and the exchange system. The Secretary
shall appoint one of the members to serve as the chairman of the board.
At least one member appointed under this subparagraph shall be a person
with experience managing or advocating for military family programs and
who is also an eligible patron of the defense commissary system and the
exchange system.
``(B) The Secretary of each of the military departments shall
appoint one member of the board.
``(C) A vacancy on the board shall be filled in the same manner as
the original appointment.
``(3) The Secretary of Defense may detail persons to serve as staff
for the board. At a minimum, the Secretary shall ensure that the board
is assisted at meetings by military resale and legal advisors.
``(4) <<NOTE: Public information.>> The recommendations made by the
board under paragraph (1) shall be made available to the public. The
Secretary of Defense shall publicize the availability of such
recommendations by such means as the Secretary considers appropriate.
``(5) Members of the board shall be allowed travel expense,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5 while
away from their homes or regular places of business in the performance
of services for the board.''.
(b) Deadline for Establishment and Initial Meeting.--
(1) Establishment.--The board required by subsection (c) of
section 2495b of title 10, United States Code, as added by
subsection (a), shall be established, and its initial nine
members appointed, not later than 120 days after the date of the
enactment of this Act.
(2) Meetings.--The board shall conduct an initial meeting
within one year after the date of the appointment of the initial
members of the board. At the discretion of the board, the board
may consider all materials previously reviewed under such
section as available for reconsideration for a minimum of 180
days following the initial meeting of the board.
[[Page 122 STAT. 4495]]
Subtitle F--Other Matters
SEC. 651. CONTINUATION OF ENTITLEMENT TO BONUSES AND SIMILAR
BENEFITS FOR MEMBERS OF THE UNIFORMED
SERVICES WHO DIE, ARE SEPARATED OR RETIRED
FOR DISABILITY, OR MEET OTHER CRITERIA.
(a) Discretion to Provide Exception to Termination and Repayment
Requirements Under Certain Circumstances.--Section 303a(e) of title 37,
United States Code, is amended--
(1) in the subsection heading, by inserting ``; Termination
of Entitlement to Unpaid Amounts'' after ``Met'';
(2) in paragraph (1)--
(A) by striking ``A member'' and inserting ``(A)
Except as provided in paragraph (2), a member''; and
(B) by striking ``the requirements, except in
certain circumstances authorized by the Secretary
concerned.'' and inserting ``the eligibility
requirements and may not receive any unpaid amounts of
the bonus or similar benefit after the member fails to
satisfy the requirements, unless the Secretary concerned
determines that the imposition of the repayment
requirement and termination of the payment of unpaid
amounts of the bonus or similar benefit with regard to
the member would be contrary to a personnel policy or
management objective, would be against equity and good
conscience, or would be contrary to the best interests
of the United States.''; and
(3) by redesignating paragraph (2) as subparagraph (B) of
paragraph (1).
(b) Mandatory Payment of Unpaid Amounts Under Certain Circumstances;
No Repayment of Unearned Amounts.--Section 303a(e) of title 37, United
States Code, is amended by inserting after paragraph (1), as amended by
subsection (a), the following new paragraph (2):
``(2)(A) If a member of the uniformed services dies or is retired or
separated with a combat-related disability, the Secretary concerned--
``(i) shall not require repayment by the member or the
member's estate of the unearned portion of any bonus or similar
benefit previously paid to the member; and
``(ii) shall require the payment to the member or the
member's estate of the remainder of any bonus or similar benefit
that was not yet paid to the member, but to which the member was
entitled immediately before the death, retirement, or separation
of the member, and would be paid if not for the death,
retirement, or separation of the member.
``(B) Subparagraph (A) does not apply if the death or disability of
the member is the result the member's misconduct.
``(C) The amount to be paid under subparagraph (A)(ii) shall be
equal to the full amount specified by the agreement or contract
applicable to the bonus or similar benefit as if the member continued to
be entitled to the bonus or similar benefit following the death,
retirement, or separation.
``(D) <<NOTE: Deadline.>> Amounts to be paid to a member or the
member's estate under subparagraph (A)(ii) shall be paid in a lump sum
not later than 90 days after the date of the death, retirement, or
separation of the member, whichever applies.
[[Page 122 STAT. 4496]]
``(E) In this paragraph, the term `combat-related disability' has
the meaning given that term in section 1413a(e) of title 10.''.
(c) Conforming Amendments Reflecting Consolidated Special Pay and
Bonus Authorities.--
(1) Conforming amendments.--Section 373 of title 37, United
States Code, as added by section 661 of the National Defense
Authorization Act for Fiscal Year 2008, is amended--
(A) in subsection (a)--
(i) in the subsection heading, by inserting
``and Termination'' after ``Repayment''; and
(ii) by inserting before the period at the end
the following: ``, and the member may not receive
any unpaid amounts of the bonus, incentive pay, or
similar benefit after the member fails to satisfy
such service or eligibility requirement''; and
(B) by striking subsection (b) and inserting the
following new subsection:
``(b) Exceptions.--
``(1) Discretion to provide exception to termination and
repayment requirements.--Pursuant <<NOTE: Regulations.>> to the
regulations prescribed to administer this section, the Secretary
concerned may grant an exception to the repayment requirement
and requirement to terminate the payment of unpaid amounts of a
bonus, incentive pay, or similar benefit if the Secretary
concerned determines that the imposition of the repayment and
termination requirements with regard to a member of the
uniformed services would be contrary to a personnel policy or
management objective, would be against equity and good
conscience, or would be contrary to the best interests of the
United States.
``(2) Mandatory payment of unpaid amounts under certain
circumstances; no repayment of unearned amounts.--(A) If a
member of the uniformed services dies or is retired or separated
with a combat-related disability, the Secretary concerned--
``(i) shall not require repayment by the member or
the member's estate of the unearned portion of any
bonus, incentive pay, or similar benefit previously paid
to the member; and
``(ii) shall require the payment to the member or
the member's estate of the remainder of any bonus,
incentive pay, or similar benefit that was not yet paid
to the member, but to which the member was entitled
immediately before the death, retirement, or separation
of the member, and would be paid if not for the death,
retirement, or separation of the member.
``(B) Subparagraph (A) does not apply if the death or
disability of the member is the result the member's misconduct.
``(C) The amount to be paid under subparagraph (A)(ii) shall
be equal to the full amount specified by the agreement or
contract applicable to the bonus, incentive pay, or similar
benefit as if the member continued to be entitled to the bonus,
incentive pay, or similar benefit following the death,
retirement, or separation.
``(D) <<NOTE: Deadline.>> Amounts to be paid to a member or
the member's estate under subparagraph (A)(ii) shall be paid in
a lump
[[Page 122 STAT. 4497]]
sum not later than 90 days after the date of the death,
retirement, or separation of the member, whichever applies.
``(E) In this paragraph, the term `combat-related
disability' has the meaning given that term in section 1413a(e)
of title 10.''.
(2) Clerical amendments.--
(A) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 373. Repayment of unearned portion of bonus, incentive pay,
or similar benefit, and termination of remaining
payments, when conditions of payment not met''.
(B) Table of contents.--The table of sections at the
beginning of chapter 5 of title 37, United States Code,
is amended by striking the item relating to section 373
and inserting the following new item:
``373. Repayment of unearned portion of bonus, incentive pay, or similar
benefit, and termination of remaining payments, when
conditions of payment not met.''.
TITLE VII--HEALTH CARE AND WOUNDED WARRIORS PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. One-year extension of prohibition on increases in certain
health care costs for members of the uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Sec. 703. Chiropractic health care for members on active duty.
Sec. 704. Calculation of monthly premiums for coverage under TRICARE
Reserve Select after 2008.
Sec. 705. Program for health care delivery at military installations
projected to grow.
Sec. 706. Guidelines for combined medical facilities of the Department
of Defense and the Department of Veterans Affairs.
Subtitle B--Preventive Care
Sec. 711. Waiver of copayments for preventive services for certain
TRICARE beneficiaries.
Sec. 712. Military health risk management demonstration project.
Sec. 713. Smoking cessation program under TRICARE.
Sec. 714. Preventive health allowance.
Sec. 715. Additional authority for studies and demonstration projects
relating to delivery of health and medical care.
Subtitle C--Wounded Warrior Matters
Sec. 721. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of hearing loss and auditory
system injuries.
Sec. 722. Clarification to center of excellence relating to military eye
injuries.
Sec. 723. Center of Excellence in the Mitigation, Treatment, and
Rehabilitation of Traumatic Extremity Injuries and
Amputations.
Sec. 724. Additional responsibilities for the wounded warrior resource
center.
Sec. 725. Sense of Congress on research on traumatic brain injury.
Sec. 726. Extension of Senior Oversight Committee with respect to
wounded warrior matters.
Sec. 727. Modification of utilization of veterans' presumption of sound
condition in establishing eligibility of members of the Armed
Forces for retirement for disability.
Subtitle D--Other Matters
Sec. 731. Report on providing the Extended Care Health Option Program to
dependents of military retirees.
[[Page 122 STAT. 4498]]
Sec. 732. Increase in cap on extended benefits under extended health
care option (ECHO).
Sec. 733. Department of Defense task force on the prevention of suicide
by members of the Armed Forces.
Sec. 734. Transitional health care for certain members of the Armed
Forces who agree to serve in the Selected Reserve of the
Ready Reserve.
Sec. 735. Enhancement of medical and dental readiness of members of the
Armed Forces.
Subtitle A--Improvements to Health Benefits
SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN
CERTAIN HEALTH CARE COSTS FOR MEMBERS OF
THE UNIFORMED SERVICES.
(a) Charges Under Contracts for Medical Care.--Section 1097(e) of
title 10, United States Code, is amended by striking ``September 30,
2008'' and inserting ``September 30, 2009''.
(b) Charges for Inpatient Care.--Section 1086(b)(3) of such title is
amended by striking ``September 30, 2008'' and inserting ``September 30,
2009''.
SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER
RETAIL PHARMACY SYSTEM OF PHARMACY
BENEFITS PROGRAM.
During <<NOTE: Time period.>> the period beginning on October 1,
2008, and ending on September 30, 2009, the cost sharing requirements
established under paragraph (6) of section 1074g(a) of title 10, United
States Code, for pharmaceutical agents available through retail
pharmacies covered by paragraph (2)(E)(ii) of such section may not
exceed amounts as follows:
(1) In the case of generic agents, $3.
(2) In the case of formulary agents, $9.
(3) In the case of nonformulary agents, $22.
SEC. 703. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.
Not <<NOTE: Deadline.>> later than September 30, 2009, the Secretary
of Defense shall provide chiropractic services to active duty military
personnel at 11 additional military treatment facilities that do not
currently provide chiropractic services.
SEC. 704. CALCULATION OF MONTHLY PREMIUMS FOR COVERAGE UNDER
TRICARE RESERVE SELECT AFTER 2008.
(a) Calculation of Monthly Premiums for Years After 2009.--Section
1076d(d)(3) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) in subparagraph (A), as so designated--
(A) by striking ``that the Secretary determines''
and inserting ``determined''; and
(B) by striking the second sentence; and
(3) by adding at the end the following new subparagraph:
``(B) The appropriate actuarial basis for purposes of subparagraph
(A) shall be determined, for each calendar year after calendar year
2009, by utilizing the actual cost of providing benefits under this
section to members and their dependents during the calendar years
preceding such calendar year.''.
[[Page 122 STAT. 4499]]
(b) Calculation of Monthly Premiums for 2009.--For purposes of
section 1076d(d)(3) of title 10, United States Code, the appropriate
actuarial basis for purposes of subparagraph (A) of that section shall
be determined for calendar year 2009 by utilizing the reported cost of
providing benefits under that section to members and their dependents
during calendar years 2006 and 2007, except that the monthly amount of
the premium determined pursuant to this subsection may not exceed the
amount in effect for the month of March 2007.
(c) Effective Date.--The amendments made by this section shall take
effect as of October 1, 2008.
SEC. 705. <<NOTE: Plan.>> PROGRAM FOR HEALTH CARE DELIVERY AT
MILITARY INSTALLATIONS PROJECTED TO GROW.
(a) Program.--The Secretary of Defense is authorized to develop a
plan to establish a program to build cooperative health care
arrangements and agreements between military installations projected to
grow and local and regional non-military health care systems.
(b) Requirements of Plan.--In developing the plan, the Secretary of
Defense shall--
(1) identify and analyze health care delivery options
involving the private sector and health care services in
military facilities located on military installations;
(2) develop methods for determining the cost avoidance or
savings resulting from innovative partnerships between the
Department of Defense and the private sector;
(3) develop requirements for Department of Defense health
care providers to deliver health care in civilian community
hospitals; and
(4) collaborate with State and local authorities to create
an arrangement to share and exchange, between the Department of
Defense and nonmilitary health care systems, personal health
information, and data of military personnel and their families.
(c) Coordination With Other Entities.--The plan shall include
requirements for coordination with Federal, State, and local entities,
TRICARE managed care support contractors, and other contracted assets
around installations selected for participation in the program.
(d) Consultation Requirements.--The Secretary of Defense shall
develop the plan in consultation with the Secretaries of the military
departments.
(e) Selection of Military Installations.--Each selected military
installation shall meet the following criteria:
(1) The military installation has members of the Armed
Forces on active duty and members of reserve components of the
Armed Forces that use the installation as a training and
operational base, with members routinely deploying in support of
the global war on terrorism.
(2) The military population of an installation will
significantly increase by 2013 due to actions related to either
Grow the Force initiatives or recommendations of the Defense
Base Realignment and Closure Commission.
(3) There is a military treatment facility on the
installation that has--
[[Page 122 STAT. 4500]]
(A) no inpatient or trauma center care capabilities;
and
(B) no current or planned capacity that would
satisfy the proposed increase in military personnel at
the installation.
(4) There is a civilian community hospital near the military
installation, and the military treatment facility has--
(A) no inpatient services or limited capability to
expand inpatient care beds, intensive care, and
specialty services; and
(B) limited or no capability to provide trauma care.
(f) Reports.--Not later than one year after the date of the
enactment of this Act, and every year thereafter, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives an annual report on any plan developed
under subsection (a).
SEC. 706. GUIDELINES FOR COMBINED MEDICAL FACILITIES OF THE
DEPARTMENT OF DEFENSE AND THE DEPARTMENT
OF VETERANS AFFAIRS.
Before <<NOTE: Contracts.>> a facility may be designated a combined
Federal medical facility of the Department of Defense and the Department
of Veterans Affairs, the Secretary of Defense and the Secretary of
Veterans Affairs shall execute a signed agreement that specifies, at a
minimum, a binding operational agreement on the following areas:
(1) Governance.
(2) Patient priority categories.
(3) Budgeting.
(4) Staffing and training.
(5) Construction.
(6) Physical plant management.
(7) Contingency planning.
(8) Quality assurance.
(9) Information technology.
Subtitle B--Preventive Care
SEC. 711. WAIVER OF COPAYMENTS FOR PREVENTIVE SERVICES FOR CERTAIN
TRICARE BENEFICIARIES.
(a) Waiver of Certain Copayments.--Subject <<NOTE: Regulations.>> to
subsection (b) and under regulations prescribed by the Secretary of
Defense, the Secretary shall--
(1) waive all copayments under sections 1079(b) and 1086(b)
of title 10, United States Code, for preventive services for all
beneficiaries who would otherwise pay copayments; and
(2) ensure that a beneficiary pays nothing for preventive
services during a year even if the beneficiary has not paid the
amount necessary to cover the beneficiary's deductible for the
year.
(b) Exclusion for Medicare-Eligible Beneficiaries.--Subsection (a)
shall not apply to a medicare-eligible beneficiary.
(c) Refund of Copayments.--
(1) Authority.--Under <<NOTE: Regulations.>> regulations
prescribed by the Secretary of Defense, the Secretary may pay a
refund to a medicare-eligible beneficiary excluded by subsection
(b), subject to
[[Page 122 STAT. 4501]]
the availability of appropriations specifically for such
refunds, consisting of an amount up to the difference between--
(A) the amount the beneficiary pays for copayments
for preventive services during fiscal year 2009; and
(B) the amount the beneficiary would have paid
during such fiscal year if the copayments for preventive
services had been waived pursuant to subsection (a)
during that year.
(2) Copayments covered.--The refunds under paragraph (1) are
available only for copayments paid by medicare-eligible
beneficiaries during fiscal year 2009.
(d) Definitions.--In this section:
(1) Preventive services.--The term ``preventive services''
includes, taking into consideration the age and gender of the
beneficiary:
(A) Colorectal screening.
(B) Breast screening.
(C) Cervical screening.
(D) Prostate screening.
(E) Annual physical exam.
(F) Vaccinations.
(G) Other services as determined by the Secretary of
Defense.
(2) Medicare-eligible.--The term ``medicare-eligible'' has
the meaning provided by section 1111((b) of title 10, United
States Code.
SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEMONSTRATION PROJECT.
(a) Demonstration Project Required.--The Secretary of Defense shall
conduct a demonstration project designed to evaluate the efficacy of
providing incentives to encourage healthy behaviors on the part of
eligible military health system beneficiaries.
(b) Elements of Demonstration Project.--
(1) Wellness assessment.--The Secretary shall develop a
wellness assessment to be offered to beneficiaries enrolled in
the demonstration project. The wellness assessment shall
incorporate nationally recognized standards for health and
healthy behaviors and shall be offered to determine a baseline
and at appropriate intervals determined by the Secretary. The
wellness assessment shall include the following:
(A) A self-reported health risk assessment.
(B) Physiological and biometric measures, including
at least--
(i) blood pressure;
(ii) glucose level;
(iii) lipids;
(iv) nicotine use; and
(v) weight.
(2) Population enrolled.--Non-medicare eligible retired
beneficiaries of the military health system and their dependents
who are enrolled in TRICARE Prime and who reside in the
demonstration project service area shall be offered the
opportunity to enroll in the demonstration project.
(3) Geographic coverage of demonstration project.--The
demonstration project shall be conducted in at least three
geographic areas within the United States where TRICARE
[[Page 122 STAT. 4502]]
Prime is offered, as determined by the Secretary. The area
covered by the project shall be referred to as the demonstration
project service area.
(4) Programs.--The Secretary shall develop programs to
assist enrollees to improve healthy behaviors, as identified by
the wellness assessment.
(5) Inclusion of incentives required.--For the purpose of
conducting the demonstration project, the Secretary may offer
monetary and non-monetary incentives to enrollees to encourage
participation in the demonstration project.
(c) Evaluation of Demonstration Project.--The Secretary shall
annually evaluate the demonstration project for the following:
(1) The extent to which the health risk assessment and the
physiological and biometric measures of beneficiaries are
improved from the baseline (as determined in the wellness
assessment).
(2) In the case of baseline health risk assessments and
physiological and biometric measures that reflect healthy
behaviors, the extent to which the measures are maintained.
(d) Implementation Plan.--The <<NOTE: Deadline.>> Secretary of
Defense shall submit a plan to implement the health risk management
demonstration project required by this section not later than 90 days
after the date of the enactment of this Act.
(e) Duration of Project.--The health risk management demonstration
project shall be implemented for a period of three years, beginning not
later than March 1, 2009, and ending three years after that date.
(f) Report.--
(1) In general.--The Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives an annual report on the effectiveness of the
health risk management demonstration project in improving the
health risk measures of military health system beneficiaries
enrolled in the demonstration project. The first report shall be
submitted not later than one year after the date of the
enactment of this Act, and subsequent reports shall be submitted
for each year of the demonstration project with the final report
being submitted not later than 90 days after the termination of
the demonstration project.
(2) Matters covered.--Each report shall address, at a
minimum, the following:
(A) The number of beneficiaries who were enrolled in
the project.
(B) The number of enrolled beneficiaries who
participate in the project.
(C) The incentives to encourage healthy behaviors
that were provided to the beneficiaries in each
beneficiary category, and the extent to which the
incentives encouraged healthy behaviors.
(D) An assessment of the effectiveness of the
demonstration project.
(E) Recommendations for adjustments to the
demonstration project.
(F) The estimated costs avoided as a result of
decreased health risk conditions on the part of each of
the beneficiary categories.
[[Page 122 STAT. 4503]]
(G) Recommendations for extending the demonstration
project or implementing a permanent wellness assessment
program.
(H) Identification of legislative authorities
required to implement a permanent program.
SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE.
(a) TRICARE Smoking Cessation Program.--
Not <<NOTE: Deadline.>> later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall establish a
smoking cessation program under the TRICARE program, to be made
available to all beneficiaries under the TRICARE program, subject to
subsection (b). The Secretary may prescribe such regulations as may be
necessary to implement the program.
(b) Exclusion for Medicare-Eligible Beneficiaries.--The smoking
cessation program shall not be made available to medicare-eligible
beneficiaries.
(c) Elements.--The program shall include, at a minimum, the
following elements:
(1) The availability, at no cost to the beneficiary, of
pharmaceuticals used for smoking cessation, with a limitation on
the availability of such pharmaceuticals to the national mail-
order pharmacy program under the TRICARE program if appropriate.
(2) Counseling.
(3) Access to a toll-free quit line that is available 24
hours a day, 7 days a week.
(4) Access to printed and Internet web-based tobacco
cessation material.
(d) Chain of Command Involvement.--In establishing the program, the
Secretary of Defense shall provide for involvement by officers in the
chain of command of participants in the program who are on active duty.
(e) Plan.--Not <<NOTE: Deadline.>> later than 90 days after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a plan to implement the program.
(f) Refund of Copayments.--
(1) Authority.--Under <<NOTE: Regulations.>> regulations
prescribed by the Secretary of Defense, the Secretary may pay a
refund to a medicare-eligible beneficiary otherwise excluded by
this section, subject to the availability of appropriations
specifically for such refunds, consisting of an amount up to the
difference between--
(A) the amount the beneficiary pays for copayments
for smoking cessation services described in subsection
(c) during fiscal year 2009; and
(B) the amount the beneficiary would have paid
during such fiscal year if the beneficiary had not been
excluded under subsection (b) from the smoking cessation
program under subsection (a).
(2) Copayments covered.--The refunds under paragraph (1) are
available only for copayments paid by medicare-eligible
beneficiaries during fiscal year 2009.
(g) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report covering the following:
(1) The status of the program.
(2) The number of participants in the program.
(3) The cost of the program.
[[Page 122 STAT. 4504]]
(4) The costs avoided that are attributed to the program.
(5) The success rates of the program compared to other
nationally recognized smoking cessation programs.
(6) Findings regarding the success rate of participants in
the program.
(7) Recommendations to modify the policies and procedures of
the program.
(8) Recommendations concerning the future utility of the
program.
(h) Definitions.--In this section:
(1) TRICARE program.--The term ``TRICARE program'' has the
meaning provided by section 1072(7) of title 10, United States
Code.
(2) Medicare-eligible.--The term ``medicare-eligible'' has
the meaning provided by section 1111(b) of title 10, United
States Code.
SEC. 714. PREVENTIVE HEALTH ALLOWANCE.
(a) Allowance.--Chapter 7 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 438. Preventive health services allowance
``(a) Demonstration Project.--During <<NOTE: Time period.>> the
period beginning on January 1, 2009, and ending on December 31, 2011,
the Secretary of Defense shall conduct a demonstration project designed
to evaluate the efficacy of providing an annual allowance (to be known
as a `preventive health services allowance') to members of the armed
forces described in subsection (b) to increase the use of preventive
health services by such members and their dependents.
``(b) Eligible Members.--(1) Subject to the numerical limitations
specified in paragraph (2), a member of the armed forces who is serving
on active duty for a period of more than 30 days and meets the medical
and dental readiness requirements for the armed force of the member may
receive a preventive health services allowance.
``(2) Not more than 1,500 members of each of the Army, Navy, Air
Force, and Marine Corps may receive a preventive health services
allowance during any year, of which half in each armed force shall be
members without dependents and half shall be members with dependents.
``(c) Amount of Allowance.--The Secretary of the military department
concerned shall pay a preventive health services allowance to a member
selected to receive the allowance in an amount equal to--
``(1) $500 per year, in the case of a member without
dependents; and
``(2) $1,000 per year, in the case of a member with
dependents.
``(d) Authorized Preventive Health Services.--(1) The Secretary of
Defense shall specify the types of preventive health services that may
be procured using a preventive health services allowance and the
frequency at which such services may be procured.
``(2) At a minimum, authorized preventive health services shall
include, taking into consideration the age and gender of the member and
dependents of the member:
``(A) Colorectal screening.
``(B) Breast screening.
[[Page 122 STAT. 4505]]
``(C) Cervical screening.
``(D) Prostate screening.
``(E) Annual physical exam.
``(F) Annual dental exam.
``(G) Weight and body mass screening.
``(H) Vaccinations.
``(3) The Secretary of Defense shall ensure that members selected to
receive the preventive health services allowance and their dependents
are provided a reasonable opportunity to receive the services authorized
under this subsection in their local area.
``(e) Data Collection.--At a minimum, the Secretary of Defense shall
monitor and record the health of members receiving a preventive health
services allowance and their dependents and the results of the testing
required to qualify for payment of the allowance, if conducted. The
Secretary shall assess the medical utility of the testing required to
qualify for payment of a preventive health allowance.
``(f) Reporting Requirement.--Not later than March 31, 2010, and
March 31, 2012, the Secretary of Defense shall submit to Congress a
report on the status of the demonstration project, including findings
regarding the medical status of participants, recommendations to modify
the policies and procedures of the program, and recommendations
concerning the future utility of the project.
``(g) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``438. Preventive health care allowance.''.
SEC. 715. ADDITIONAL AUTHORITY FOR STUDIES AND DEMONSTRATION
PROJECTS RELATING TO DELIVERY OF HEALTH
AND MEDICAL CARE.
Section 1092(a) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(3) The Secretary of Defense may include in the studies and
demonstration projects conducted under paragraph (1) studies and
demonstration projects to provide awards and incentives to members of
the armed forces and covered beneficiaries who obtain health promotion
and disease prevention health care services under the TRICARE program in
accordance with terms and schedules prescribed by the Secretary. Such
awards and incentives may include cash awards and, in the case of
members of the armed forces, personnel incentives.
``(4)(A) The Secretary of Defense may, in consultation with the
other administering Secretaries, include in the studies and
demonstration projects conducted under paragraph (1) studies and
demonstration projects to provide awards or incentives to individual
health care professionals under the authority of such Secretaries,
including members of the uniformed services, Federal civilian employees,
and contractor personnel, to encourage and reward effective
implementation of innovative health care programs designed to improve
quality, cost-effectiveness, health promotion, medical readiness, and
other priority objectives. Such awards and incentives may include cash
awards and, in the case of members of the armed forces and Federal
civilian employees, personnel incentives.
[[Page 122 STAT. 4506]]
``(B) Amounts available for the pay of members of the uniformed
services shall be available for awards and incentives under this
paragraph with respect to members of the uniformed services.
``(5) The Secretary of Defense may include in the studies and
demonstration projects conducted under paragraph (1) studies and
demonstration projects to improve the medical and dental readiness of
members of reserve components of the armed forces, including the
provision of health care services to such members for which they are not
otherwise entitled or eligible under this chapter.
``(6) The Secretary of Defense may include in the studies and
demonstration projects conducted under paragraph (1) studies and
demonstration projects to improve the continuity of health care services
for family members of mobilized members of the reserve components of the
armed forces who are eligible for such services under this chapter,
including payment of a stipend for continuation of employer-provided
health coverage during extended periods of active duty.''.
Subtitle C--Wounded Warrior Matters
SEC. 721. <<NOTE: Establishment.>> CENTER OF EXCELLENCE IN
PREVENTION, DIAGNOSIS, MITIGATION,
TREATMENT, AND REHABILITATION OF HEARING
LOSS AND AUDITORY SYSTEM INJURIES.
(a) In General.--The Secretary of Defense shall establish within the
Department of Defense a center of excellence in the prevention,
diagnosis, mitigation, treatment, and rehabilitation of hearing loss and
auditory system injury to carry out the responsibilities specified in
subsection (c).
(b) Partnerships.--The Secretary shall ensure that the center
collaborates to the maximum extent practicable with the Secretary of
Veterans Affairs, institutions of higher education, and other
appropriate public and private entities (including international
entities) to carry out the responsibilities specified in subsection (c).
(c) Responsibilities.--
(1) In general.--The center shall--
(A) implement a comprehensive plan and strategy for
the Department of Defense, as developed by the Secretary
of Defense, for a registry of information for the
tracking of the diagnosis, surgical intervention or
other operative procedure, other treatment, and follow
up for each case of hearing loss and auditory system
injury incurred by a member of the Armed Forces while
serving on active duty;
(B) ensure the electronic exchange with the
Secretary of Veterans Affairs of information obtained
through tracking under subparagraph (A); and
(C) enable the Secretary of Veterans Affairs to
access the registry and add information pertaining to
additional treatments or surgical procedures and
eventual hearing outcomes for veterans who were entered
into the registry and subsequently received treatment
through the Veterans Health Administration.
(2) Designation of registry.--The registry under this
subsection shall be known as the ``Hearing Loss and Auditory
System Injury Registry'' (hereinafter referred to as the
``Registry'').
[[Page 122 STAT. 4507]]
(3) Consultation in development.--The center shall develop
the Registry in consultation with audiologists, speech and
language pathologists, otolaryngologists, and other specialist
personnel of the Department of Defense and the audiologists,
speech and language pathologists, otolaryngologists, and other
specialist personnel of the Department of Veterans Affairs. The
mechanisms and procedures of the Registry shall reflect
applicable expert research on military and other hearing loss.
(4) Mechanisms.--The <<NOTE: Deadlines.>> mechanisms of the
Registry for tracking under paragraph (1)(A) shall ensure that
each military medical treatment facility or other medical
facility shall submit to the center for inclusion in the
Registry information on the diagnosis, surgical intervention or
other operative procedure, other treatment, and follow up for
each case of hearing loss and auditory system injury described
in that paragraph as follows (to the extent applicable):
(A) Not later than 30 days after surgery or other
operative intervention, including a surgery or other
operative intervention carried out as a result of a
follow-up examination.
(B) Not later than 180 days after the hearing loss
and auditory system injury is reported or recorded in
the medical record.
(5) Coordination of care and benefits.--
(A) <<NOTE: Notice.>> The center shall provide notice to the
National Center for Rehabilitative Auditory Research (NCRAR) of
the Department of Veterans Affairs and to the auditory system
impairment services of the Veterans Health Administration on
each member of the Armed Forces described in subparagraph (B)
for purposes of ensuring the coordination of the provision of
ongoing auditory system rehabilitation benefits and services by
the Department of Veterans Affairs after the separation or
release of such member from the Armed Forces.
(B) A member of the Armed Forces described in this
subparagraph is a member of the Armed Forces with significant
hearing loss or auditory system injury incurred while serving on
active duty, including a member with auditory dysfunction
related to traumatic brain injury.
(d) Utilization of Registry Information.--The Secretary of Defense
and the Secretary of Veterans Affairs shall jointly ensure that
information in the Registry is available to appropriate audiologists,
speech and language pathologists, otolaryngologists, and other
specialist personnel of the Department of Defense and the Department of
Veterans Affairs for purposes of encouraging and facilitating the
conduct of research, and the development of best practices and clinical
education, on hearing loss or auditory system injury incurred by members
of the Armed Forces.
(e) Inclusion of Records of OIF/OEF Veterans.--The Secretary of
Defense shall take appropriate actions to include in the Registry such
records of members of the Armed Forces who incurred a hearing loss or
auditory system injury while serving on active duty on or after
September 11, 2001, but before the establishment of the Registry, as the
Secretary considers appropriate for purposes of the Registry.
[[Page 122 STAT. 4508]]
SEC. 722. CLARIFICATION TO CENTER OF EXCELLENCE RELATING TO
MILITARY EYE INJURIES.
Section 1623(d) <<NOTE: Ante, p. 455.>> of Public Law 110-181 is
amended by striking ``in combat'' at the end.
SEC. 723. <<NOTE: Establishment.>> CENTER OF EXCELLENCE IN THE
MITIGATION, TREATMENT, AND REHABILITATION
OF TRAUMATIC EXTREMITY INJURIES AND
AMPUTATIONS.
(a) In General.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly establish a center of excellence in the
mitigation, treatment, and rehabilitation of traumatic extremity
injuries and amputations.
(b) Partnerships.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly ensure that the center collaborates with
the Department of Defense, the Department of Veterans Affairs,
institutions of higher education, and other appropriate public and
private entities (including international entities) to carry out the
responsibilities specified in subsection (c).
(c) Responsibilities.--The center shall have the responsibilities as
follows:
(1) To implement a comprehensive plan and strategy for the
Department of Defense and the Department of Veterans Affairs for
the mitigation, treatment, and rehabilitation of traumatic
extremity injuries and amputations.
(2) To conduct research to develop scientific information
aimed at saving injured extremities, avoiding amputations, and
preserving and restoring the function of injured extremities.
Such research shall address military medical needs and include
the full range of scientific inquiry encompassing basic,
translational, and clinical research.
(3) To carry out such other activities to improve and
enhance the efforts of the Department of Defense and the
Department of Veterans Affairs for the mitigation, treatment,
and rehabilitation of traumatic extremity injuries and
amputations as the Secretary of Defense and the Secretary of
Veterans Affairs consider appropriate.
(d) Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense and the Secretary of Veterans Affairs shall
jointly submit to Congress a report on the activities of the
center.
(2) Elements.--Each report under this subsection shall
include the following:
(A) In the case of the first report under this
subsection, a description of the implementation of the
requirements of this Act.
(B) A description and assessment of the activities
of the center during the one-year period ending on the
date of such report, including an assessment of the role
of such activities in improving and enhancing the
efforts of the Department of Defense and the Department
of Veterans Affairs for the mitigation, treatment, and
rehabilitation of traumatic extremity injuries and
amputations.
[[Page 122 STAT. 4509]]
SEC. 724. ADDITIONAL RESPONSIBILITIES FOR THE WOUNDED WARRIOR
RESOURCE CENTER.
Section 1616(a) of the Wounded Warrior Act (title XVI of Public Law
110-181; 122 Stat. 447; 10 U.S.C. 1071 note) is amended in the first
sentence by inserting ``receiving legal assistance referral information
(where appropriate), receiving other appropriate referral information,''
after ``receiving benefits information,''.
SEC. 725. SENSE OF CONGRESS ON RESEARCH ON TRAUMATIC BRAIN INJURY.
It is the sense of Congress that the requirement under section
1621(c)(7) of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 453; 10 U.S.C. 1071 note) to conduct
basic science and translational research on traumatic brain injury
includes pilot programs designed to test the efficacy of clinical
approaches, including the use of pharmacological agents. Congress urges
continued studies of the efficacy of pharmacological agents for
treatment of traumatic brain injury and supports continued joint
research with the National Institutes of Health in this area.
SEC. 726. EXTENSION OF SENIOR OVERSIGHT COMMITTEE WITH RESPECT TO
WOUNDED WARRIOR MATTERS.
(a) In <<NOTE: Termination date.>> General.--The Secretary of
Defense and the Secretary of Veterans Affairs shall jointly take such
actions as are appropriate, including the allocation of appropriate
personnel, funding, and other resources, to continue the operations of
the Senior Oversight Committee until December 31, 2009.
(b) Report on Further Extension of Committee.--Not later than August
31, 2009, the Secretary of Defense and the Secretary of Veterans Affairs
shall jointly submit to Congress a report setting forth the joint
recommendation of the Secretaries as to the advisability of continuing
the operations of the Senior Oversight Committee after December 31,
2009. If the Secretaries recommend that continuing the operations of the
Senior Oversight Committee after December 31, 2009, is advisable, the
report may include such recommendations for the modification of the
responsibilities, composition, or support of the Senior Oversight
Committee as the Secretaries jointly consider appropriate.
(c) Senior Oversight Committee Defined.--In this section, the term
``Senior Oversight Committee'' means the Senior Oversight Committee
jointly established by the Secretary of Defense and the Secretary of
Veterans Affairs in May 2007. The Senior Oversight Committee was
established to address concerns related to the treatment of wounded,
ill, and injured members of the Armed Forces and veterans and serves as
the single point of contact for oversight, strategy, and integration of
proposed strategies for the efforts of the Department of Defense and the
Department of Veterans Affairs to improve support throughout the
recovery, rehabilitation, and reintegration of wounded, ill, or injured
members of the Armed Forces.
[[Page 122 STAT. 4510]]
SEC. 727. MODIFICATION OF UTILIZATION OF VETERANS' PRESUMPTION OF
SOUND CONDITION IN ESTABLISHING
ELIGIBILITY OF MEMBERS OF THE ARMED FORCES
FOR RETIREMENT FOR DISABILITY.
(a) Retirement of Regulars and Members on Active Duty for More Than
30 Days.--Section 1201(b)(3)(B)(i) of title 10, United States Code, is
amended--
(1) by striking ``the member has six months or more of
active military service and''; and
(2) by striking ``(unless compelling evidence'' and all that
follows through ``active duty)'' and inserting ``(unless clear
and unmistakable evidence demonstrates that the disability
existed before the member's entrance on active duty and was not
aggravated by active military service)''.
(b) Separation of Regulars and Members on Active Duty for More Than
30 Days.--Section 1203(b)(4)(B) of such title is amended--
(1) by striking ``the member has six months or more of
active military service, and''; and
(2) by striking ``(unless compelling evidence'' and all that
follows through ``active duty)'' and inserting ``(unless clear
and unmistakable evidence demonstrates that the disability
existed before the member's entrance on active duty and was not
aggravated by active military service)''.
Subtitle D--Other Matters
SEC. 731. REPORT ON PROVIDING THE EXTENDED CARE HEALTH OPTION
PROGRAM TO DEPENDENTS OF MILITARY
RETIREES.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on including dependents of
military retirees in the ECHO program for a limited transitional period
following retirement.
(b) Contents of Report.--The report required under subsection (a)
shall include the following:
(1) The most current data on the number of military retirees
with dependents who are eligible to receive extended benefits
under the ECHO program and an estimate of the number of future
military retirees with dependents who are eligible to receive
such benefits.
(2) The cost estimates of providing extended benefits under
the ECHO program to dependents of all current and future
military retirees.
(3) The feasibility of including dependents of military
retirees in any ongoing demonstration or pilot programs within
the ECHO program.
(4) The statutory and regulatory impediments to including
dependents of military retirees in the ECHO program.
(c) ECHO Program.--In this section, the term ``ECHO program'' means
the Extended Care Health Option program provided pursuant to subsections
(d), (e), and (f) of section 1079 of title 10, United States Code.
[[Page 122 STAT. 4511]]
SEC. 732. INCREASE IN CAP ON EXTENDED BENEFITS UNDER EXTENDED
HEALTH CARE OPTION (ECHO).
Section 1079(f) of title 10, United States Code is amended--
(1) in paragraph (2)(A), by striking ``month shall not
exceed $2,500,'' and inserting ``year shall not exceed $36,000,
prorated as determined by the Secretary of Defense,''; and
(2) in paragraph (2)(B), by striking ``month'' and inserting
``year.''.
SEC. 733. DEPARTMENT OF DEFENSE TASK FORCE ON THE PREVENTION OF
SUICIDE BY MEMBERS OF THE ARMED FORCES.
(a) Requirement to Establish.--The Secretary of Defense shall
establish within the Department of Defense a task force to examine
matters relating to prevention of suicide by members of the Armed
Forces.
(b) Composition.--
(1) Members.--The task force shall consist of not more than
14 members appointed by the Secretary of Defense from among
individuals described in paragraph (2) who have demonstrated
expertise in the area of suicide prevention and response.
(2) Range of members.--The individuals appointed to the task
force shall include--
(A) at least one member of each of the Army, Navy,
Air Force, and Marine Corps;
(B) a number of persons from outside the Department
of Defense equal to the total number of personnel from
within the Department of Defense (whether members of the
Armed Forces or civilian personnel) who are appointed to
the task force;
(C) persons who have experience in--
(i) national suicide prevention policy;
(ii) military personnel policy;
(iii) research in the field of suicide
prevention;
(iv) clinical care in mental health; or
(v) military chaplaincy or pastoral care; and
(D) at least one family member of a member of the
Armed Forces who has experience working with military
families.
(3) Individuals appointed outside department of defense.--
Individuals appointed to the task force from outside the
Department of Defense may include officers or employees of other
departments or agencies of the Federal Government, officers or
employees of State and local governments, or individuals from
the private sector.
(4) Deadline for appointment.--All appointments of
individuals to the task force shall be made not later than 180
days after the date of the enactment of this Act.
(5) Co-chairs of task force.--There shall be two co-chairs
of the task force. One of the co-chairs shall be designated by
the Secretary of the Defense at the time of appointment from
among the Department of Defense personnel appointed to the task
force. The other co-chair shall be selected from among the
members appointed from outside the Department of Defense by
members so appointed.
(c) Assessment and Recommendations on Suicide Prevention Policy.--
[[Page 122 STAT. 4512]]
(1) In general.--Not <<NOTE: Deadline. Reports.>> later than
12 months after the date on which all members of the task force
have been appointed, the task force shall submit to the
Secretary a report containing recommendations regarding a
comprehensive policy designed to prevent suicide by members of
the Armed Forces.
(2) Utilization of other efforts.--In preparing the report,
the task force shall take into consideration completed and
ongoing efforts by the military departments to improve the
efficacy of suicide prevention programs.
(3) Elements.--The recommendations (including
recommendations for legislative or administrative action) shall
include measures to address the following:
(A) Methods to identify trends and common causal
factors in suicides by members of the Armed Forces.
(B) Methods to establish or update suicide education
and prevention programs conducted by each military
department based on identified trends and causal
factors.
(C) An assessment of current suicide education and
prevention programs of each military department.
(D) An assessment of suicide incidence by military
occupation to include identification of military
occupations with a high incidence of suicide.
(E) The appropriate type and method of investigation
to determine the causes and factors surrounding each
suicide by a member of the Armed Forces.
(F) The qualifications of the individual appointed
to conduct an investigation of a suicide by a member of
the Armed Forces.
(G) The required information to be determined by an
investigation in order to determine the causes and
factors surrounding suicides by members of the Armed
Forces.
(H) The appropriate reporting requirements following
an investigation conducted on a suicide by a member of
the Armed Forces.
(I) The appropriate official or executive agent
within the military department and Department of Defense
to receive and analyze reports on investigations of
suicides by members of the Armed Forces.
(J) The appropriate use of the information gathered
during investigations of suicides by members of the
Armed Forces.
(K) Methods for protecting confidentiality of
information contained in reports of investigations of
suicides by members of the Armed Forces.
(d) Administrative Matters.--
(1) Compensation.--Each member of the task force who is a
member of the Armed Forces or a civilian officer or employee of
the United States shall serve without compensation (other than
compensation to which entitled as a member of the Armed Forces
or an officer or employee of the United States, as the case may
be). Other members of the task force shall be treated for
purposes of section 3161 of title 5, United States Code, as
having been appointed under subsection (b) of such section.
(2) Oversight.--The Under Secretary of Defense for Personnel
and Readiness shall oversee the activities of the task force.
[[Page 122 STAT. 4513]]
(3) Administrative support.--The Washington Headquarters
Services of the Department of Defense shall provide the task
force with personnel, facilities, and other administrative
support as necessary for the performance of the duties of the
task force.
(4) Access to facilities.--The Under Secretary of Defense
for Personnel and Readiness shall, in coordination with the
Secretaries of the military departments, ensure appropriate
access by the task force to military installations and
facilities for purposes of the discharge of the duties of the
task force.
(e) Report.--
(1) In general.--The task force shall submit to the
Secretary of Defense a report on its activities under this
section. The report shall include--
(A) a description of the activities of the task
force;
(B) the assessment and recommendations required by
subsection (c); and
(C) such other matters relating to the activities of
the task force that the task force considers
appropriate.
(2) Transmittal to congress.--Not later than 90 days after
receipt of the report under paragraph (1), the Secretary shall
transmit the report to the Committees on Armed Services of the
Senate and the House of Representatives. The Secretary may
include in the transmittal such comments on the report as the
Secretary considers appropriate.
(f) Plan Required.--Not <<NOTE: Deadline.>> later than March 1,
2010, the Secretary of Defense shall develop a plan based on the
recommendations of the task force and submit the plan to the
congressional defense committees.
(g) Termination.--The task force shall terminate 90 days after the
date on which the report of the task force is submitted to Congress
under subsection (e)(2).
SEC. 734. TRANSITIONAL HEALTH CARE FOR CERTAIN MEMBERS OF THE
ARMED FORCES WHO AGREE TO SERVE IN THE
SELECTED RESERVE OF THE READY RESERVE.
(a) Provision of Transitional Health Care.--Section 1145(a)(2) of
title 10, United States Code, is amended by adding at the end the
following new subparagraph:
``(F) A member who is separated from active duty who agrees
to become a member of the Selected Reserve of the Ready Reserve
of a reserve component.''.
(b) Effective Date.--Subparagraph (F) of section 1145(a)(2) of title
10, United States Code, as added by subsection (a), shall apply with
respect to members of the Armed Forces separated from active duty after
the date of the enactment of this Act.
SEC. 735. ENHANCEMENT OF MEDICAL AND DENTAL READINESS OF MEMBERS
OF THE ARMED FORCES.
(a) Expansion of Availability of Medical and Dental Services for
Reserves.--
(1) Expansion <<NOTE: Deadline.>> of availability for
reserves assigned to units scheduled for deployment within 75
days of mobilization.--Subsection (d)(1) of section 1074a of
title 10, United States Code, is amended by striking ``The
Secretary of the Army shall provide to members of the Selected
Reserve of the Army'' and inserting ``The Secretary concerned
shall provide to members of the Selected Reserve''.
[[Page 122 STAT. 4514]]
(2) Availability for certain other reserves.--Such section
is further amended by adding at the end the following new
subsection:
``(g)(1) The Secretary concerned may provide to any member of the
Selected Reserve not described in subsection (d)(1) or (f), and to any
member of the Individual Ready Reserve described in section 10144(b) of
this title the medical and dental services specified in subsection
(d)(1) if the Secretary determines that the receipt of such services by
such member is necessary to ensure that the member meets applicable
standards of medical and dental readiness.
``(2) Services may not be provided to a member under this subsection
for a condition that is the result of the member's own misconduct.
``(3) The services provided under this subsection shall be provided
at no cost to the member.''.
(3) Funding.--Such section is further amended by adding at
the end the following new subsection:
``(h) Amounts available for operation and maintenance of a reserve
component of the armed forces may be available for purposes of this
section to ensure the medical and dental readiness of members of such
reserve component.''.
(b) Waiver of Certain Copayments for Dental Care for Reserves for
Readiness Purposes.--Section 1076a(e) of such title is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) by striking ``A member or dependent'' and inserting
``(1) Except as provided pursuant to paragraph (2), a member or
dependent''; and
(3) by adding at the end the following new paragraph:
``(2)(A) <<NOTE: Regulations. Waiver authority.>> During a national
emergency declared by the President or Congress and subject to
regulations prescribed by the Secretary of Defense, the Secretary may
waive, in whole or in part, the charges otherwise payable by a member of
the Selected Reserve of the Ready Reserve or a member of the Individual
Ready Reserve under paragraph (1) for the coverage of the member alone
under the dental insurance plan established under subsection (a)(1) if
the Secretary determines that such waiver of the charges would
facilitate or ensure the readiness of a unit or individual for
deployment.
``(B) The waiver under subparagraph (A) may apply only with respect
to charges for coverage of dental care required for readiness.''.
(c) Report on Policies and Procedures in Support of Medical and
Dental Readiness.--
(1) In general.--Not later than March 1, 2009, the Secretary
of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
policies and procedures of the Department of Defense to ensure
the medical and dental readiness of members of the Armed Forces.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the current standards of each
military department with respect to the medical and
dental readiness of individual members of the Armed
Forces
[[Page 122 STAT. 4515]]
(including members of the regular components and members
of the reserve components), and with respect to the
medical and dental readiness of units of the Armed
Forces (including units of the regular components and
units of the reserve components), under the jurisdiction
of such military department.
(B) A description of the manner in which each
military department applies the standards described
under subparagraph (A) with respect to each of the
following:
(i) Performance evaluation.
(ii) Promotion.
(iii) In the case of the members of the
reserve components, eligibility to attend annual
training.
(iv) Continued retention in the Armed Forces.
(v) Such other matters as the Secretary
considers appropriate.
(C) A statement of the number of members of the
Armed Forces (including members of the regular
components and members of the reserve components) who
were determined to be not ready for deployment at any
time during the period beginning on October 1, 2001, and
ending on September 30, 2008, due to failure to meet
applicable medical or dental standards, and an
assessment of whether the unreadiness of such members
for deployment could reasonably have been mitigated by
actions of the members concerned to maintain individual
medical or dental readiness.
(D) A description of any actual or perceived
barriers to the achievement of full medical and dental
readiness in the Armed Forces (including among the
regular components and the reserve components),
including barriers associated with the following:
(i) Quality or cost of, or access to, medical
and dental care.
(ii) Availability of programs and incentives
intended to prevent medical or dental problems.
(E) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate to ensure the medical and dental readiness
of individual members of the Armed Forces and units of
the Armed Forces, including recommendations regarding
the following:
(i) The advisability of requiring that fitness
reports of members of the Armed Forces include--
(I) a statement of whether or not a
member meets medical and dental
readiness standards for deployment; and
(II) in cases in which a member does
not meet such standard, a statement of
actions being taken to ensure that the
member meets such standards and the
anticipated schedule for meeting such
standards.
(ii) The advisability of establishing a
mandatory promotion standard relating to
individual medical and dental readiness and, in
the case of a unit commander, unit medical and
dental readiness.
[[Page 122 STAT. 4516]]
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Assessment of urgent operational needs fulfillment.
Sec. 802. Implementation of statutory requirements regarding the
national technology and industrial base.
Sec. 803. Commercial software reuse preference.
Sec. 804. Internal controls for procurements on behalf of the Department
of Defense by certain non-defense agencies.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Inclusion of major subprograms to major defense acquisition
programs under acquisition reporting requirements.
Sec. 812. Inclusion of certain major information technology investments
in acquisition oversight authorities for major automated
information system programs.
Sec. 813. Transfer of sections of title 10 relating to Milestone A and
Milestone B for clarity.
Sec. 814. Configuration steering boards for cost control under major
defense acquisition programs.
Sec. 815. Preservation of tooling for major defense acquisition
programs.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Definition of system for Defense Acquisition Challenge
Program.
Sec. 822. Technical data rights.
Sec. 823. Revision to the application of Cost Accounting Standards.
Sec. 824. Modification and extension of pilot program for transition to
follow-on contracts under authority to carry out certain
prototype projects.
Sec. 825. Clarification of status of Government rights in the designs of
Department of Defense vessels, boats, craft, and components
thereof.
Subtitle D--Provisions Relating to Acquisition Workforce and Inherently
Governmental Functions
Sec. 831. Development of guidance on personal services contracts.
Sec. 832. Sense of Congress on performance by private security
contractors of certain functions in an area of combat
operations.
Sec. 833. Acquisition workforce expedited hiring authority.
Sec. 834. Career path and other requirements for military personnel in
the acquisition field.
Subtitle E--Department of Defense Contractor Matters
Sec. 841. Ethics safeguards related to contractor conflicts of interest.
Sec. 842. Information for Department of Defense contractor employees on
their whistleblower rights.
Sec. 843. Requirement for Department of Defense to adopt an acquisition
strategy for Defense Base Act insurance.
Sec. 844. Report on use of off-shore subsidiaries by defense
contractors.
Sec. 845. Defense industrial security.
Subtitle F--Matters Relating to Iraq and Afghanistan
Sec. 851. Clarification and modification of authorities relating to the
Commission on Wartime Contracting in Iraq and Afghanistan.
Sec. 852. Comprehensive audit of spare parts purchases and depot
overhaul and maintenance of equipment for operations in Iraq
and Afghanistan.
Sec. 853. Additional matters required to be reported by contractors
performing security functions in areas of combat operations.
Sec. 854. Additional contractor requirements and responsibilities
relating to alleged crimes by or against contractor personnel
in Iraq and Afghanistan.
Sec. 855. Suspension of statutes of limitations when Congress authorizes
the use of military force.
Subtitle G--Governmentwide Acquisition Improvements
Sec. 861. Short title.
[[Page 122 STAT. 4517]]
Sec. 862. Limitation on length of certain noncompetitive contracts.
Sec. 863. Requirements for purchase of property and services pursuant to
multiple award contracts.
Sec. 864. Regulations on the use of cost-reimbursement contracts.
Sec. 865. Preventing abuse of interagency contracts.
Sec. 866. Limitations on tiering of subcontractors.
Sec. 867. Linking of award and incentive fees to acquisition outcomes.
Sec. 868. Minimizing abuse of commercial services item authority.
Sec. 869. Acquisition workforce development strategic plan.
Sec. 870. Contingency Contracting Corps.
Sec. 871. Access of Government Accountability Office to contractor
employees.
Sec. 872. Database for Federal agency contract and grant officers and
suspension and debarment officials.
Sec. 873. Role of Interagency Committee on Debarment and Suspension.
Sec. 874. Improvements to the Federal procurement data system.
Subtitle H--Other Matters
Sec. 881. Expansion of authority to retain fees from licensing of
intellectual property.
Sec. 882. Report on market research.
Sec. 883. Report relating to munitions.
Sec. 884. Motor carrier fuel surcharges.
Sec. 885. Procurement by State and local governments of equipment for
homeland security and emergency response activities through
the Department of Defense.
Sec. 886. Review of impact of covered subsidies on acquisition of KC-45
aircraft.
Sec. 887. Report on the implementation of earned value management at
the Department of Defense.
Subtitle A--Acquisition Policy and Management
SEC. 801. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILLMENT.
(a) Assessment Required.--The <<NOTE: Study. Reports.>> Secretary of
Defense shall commission a study and report by an independent commission
or a federally funded research and development center to assess the
effectiveness of the processes used by the Department of Defense for the
generation of urgent operational need requirements, and the acquisition
processes used to fulfill such requirements. Such assessment shall
include the following:
(1) A description and evaluation of the effectiveness of the
procedures used to generate, validate, and fulfill warfighting
requirements through the urgent operational need and joint
urgent operational need processes, including--
(A) the extent to which joint and urgent operational
need statements are used to document required capability
gaps or are used to request specific acquisition
outcomes, such as specific systems or equipment;
(B) the effectiveness of the processes used by each
of the military departments and the various elements of
the Department of Defense to prioritize and fulfill
joint and urgent operational needs, including the rapid
acquisition processes of the military departments, as
well as the joint improvised explosive device defeat
organization and the joint rapid acquisition cell; and
(C) the timeliness and responsiveness of the
processes used by the military departments and the
various elements of the Department of Defense to review
and validate urgent operational needs statements and
joint urgent operational needs statements.
[[Page 122 STAT. 4518]]
(2) An evaluation of the extent to which joint urgent
operational need statements are used to avoid using service-
specific urgent operational need and acquisition processes or to
document non-urgent capability gaps.
(3) An evaluation of the extent to which joint acquisition
entities maintain oversight, once a military department or
defense agency has been designated as responsible for execution
and fielding of a capability in response to a joint urgent
operational need statement, including oversight of--
(A) the responsiveness of the military department or
agency in execution;
(B) the field performance of the capability
delivered in response to the joint urgent operational
need statement; and
(C) the concurrent development of a long term
acquisition and sustainment strategy.
(8) Recommendations regarding--
(A) best practices and process improvements to
ensure that urgent operational needs statements and
joint urgent operational needs statements are presented
to appropriate authorities for review and validation not
later than 60 days after the documents are submitted;
(B) common definitions and standards for urgent
operational needs statements and joint urgent
operational need statements;
(C) best practices and process improvements for the
creation, evaluation, prioritization, and fulfillment of
urgent operational need statements and joint urgent
operational need statements; and
(D) the extent to which rapid acquisition processes
should be consolidated or expanded.
(b) Submission to Congress.--Not <<NOTE: Deadline. Reports.>> later
than 270 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense committees the
report resulting from the study conducted pursuant to subsection (a).
SEC. 802. IMPLEMENTATION OF STATUTORY REQUIREMENTS REGARDING THE
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
(a) Guidance Required.--Not <<NOTE: Deadline.>> later than 270 days
after the date of the enactment of this Act, the Secretary of Defense
shall issue guidance regarding--
(1) the appropriate application of the authority in sections
2304(b) and 2304(c)(3)(A) of title 10, United States Code, in
connection with major defense acquisition programs; and
(2) the appropriate timing and performance of the
requirement in section 2440 of title 10, United States Code, to
consider the national technology and industrial base in the
development and implementation of acquisition plans for each
major defense acquisition program.
(b) Definitions.--In this section;
(1) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning provided in
section 2430 of title 10, United States Code.
(2) National technology and industrial base.--The term
``national technology and industrial base'' has the meaning
provided in section 2500(1) of title 10, United States Code.
[[Page 122 STAT. 4519]]
SEC. 803. COMMERCIAL SOFTWARE REUSE PREFERENCE.
(a) In General.--The Secretary of Defense shall ensure that
contracting officials identify and evaluate, at all stages of the
acquisition process (including concept refinement, concept decision, and
technology development), opportunities for the use of commercial
computer software and other non-developmental software.
(b) Report.--Not later than 270 days after the date of enactment of
this Act, the Secretary shall submit to the congressional defense
committees a report on actions taken to implement subsection (a),
including a description of any relevant regulations and policy guidance.
SEC. 804. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE
DEPARTMENT OF DEFENSE BY CERTAIN NON-
DEFENSE AGENCIES.
(a) Inclusion of Additional Non-Defense Agencies in Review.--The
covered non-defense agencies specified in subsection (c) of this section
shall be considered covered non-defense agencies as defined in
subsection (i) of section 817 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2326) for purposes of such section.
(b) Deadlines and Applicability for Additional Non-Defense
Agencies.--For each covered non-defense agency specified in subsection
(c) of this section, section 817 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2326) shall apply to such agency as follows:
(1) The review and determination required by subsection
(a)(1) of such section shall be completed by not later than
March 15, 2009.
(2) The review and determination required by subsection
(a)(2) of such section, if necessary, shall be completed by not
later than June 15, 2010, and such review and determination
shall be a review and determination of such agency's procurement
of property and services on behalf of the Department of Defense
in fiscal year 2009.
(3) The memorandum of understanding required by subsection
(c)(1) of such section shall be entered into by not later than
60 days after the date of the enactment of this Act.
(4) The limitation specified in subsection (d)(1) of such
section shall apply after March 15, 2009, and before June 16,
2010.
(5) The limitation specified in subsection (d)(2) of such
section shall apply after June 15, 2010.
(6) The limitation required by subsection (d)(3) of such
section shall commence, if necessary, on the date that is 60
days after the date of the enactment of this Act.
(c) Definition of Covered Non-Defense Agency.--In this section, the
term ``covered non-defense agency'' means each of the following:
(1) The Department of Commerce.
(2) The Department of Energy.
(d) Modification of Certain Additional Authorities on Internal
Controls for Procurements on Behalf of DOD.--Section 801 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 202; 10 U.S.C. 2304 note) is amended--
(1) in subsection (a)(2)--
[[Page 122 STAT. 4520]]
(A) in subparagraph (B), by striking ``each of the
Department of the Treasury, the Department of the
Interior, and the National Aeronautics and Space
Administration'' and inserting ``the Department of the
Interior''; and
(B) by adding at the end the following new
subparagraph:
``(D) <<NOTE: Deadline.>> In the case of each of the
Department of Commerce and the Department of Energy, by
not later than March 15, 2015.''; and
(2) in subsection (f)(2)--
(A) by striking subparagraphs (B) and (D);
(B) by redesignating subparagraphs (C), (E), and (F)
as subparagraphs (B), (C), and (D), respectively; and
(C) by adding at the end the following new
subparagraphs:
``(E) The Department of Commerce.
``(F) The Department of Energy.''.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
SEC. 811. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE
ACQUISITION PROGRAMS UNDER ACQUISITION
REPORTING REQUIREMENTS.
(a) Authority To Designate Major Subprograms as Subject to
Acquisition Reporting Requirements.--
(1) In general.--Chapter 144 of title 10, United States
Code, is amended by inserting after section 2430 the following
new section:
``Sec. 2430a. Major subprograms
``(a) Authority To Designate Major Subprograms as Subject to
Acquisition Reporting Requirements.--(1) If the Secretary of Defense
determines that a major defense acquisition program requires the
delivery of two or more categories of end items which differ
significantly from each other in form and function, the Secretary may
designate each such category of end items as a major subprogram for the
purposes of acquisition reporting under this chapter.
``(2) <<NOTE: Notification. Deadline.>> The Secretary shall notify
the congressional defense committees in writing of any proposed
designation pursuant to paragraph (1) not less than 30 days before the
date such designation takes effect.
``(b) Reporting Requirements.--If the Secretary designates a major
subprogram of a major defense acquisition program in accordance with
subsection (a), Selected Acquisition Reports, unit cost reports, and
program baselines under this chapter shall reflect cost, schedule, and
performance information--
``(1) for the major defense acquisition program as a whole;
and
``(2) for each major subprogram of the major defense
acquisition program so designated.
``(c) Requirement to Cover Entire Major Defense Acquisition
Program.--If a subprogram of a major defense acquisition program is
designated as a major subprogram under subsection
[[Page 122 STAT. 4521]]
(a), all other elements of the major defense acquisition program shall
be appropriately organized into one or more subprograms under the major
defense acquisition program, each of which subprograms, as so organized,
shall be treated as a major subprogram under subsection (a).
``(d) Definitions.--Notwithstanding paragraphs (1) and (2) of
section 2432(a) of this title, in the case of a major defense
acquisition program for which the Secretary has designated one or more
major subprograms under this section for the purposes of this chapter--
``(1) the term `program acquisition unit cost' applies at
the level of the subprogram and means the total cost for the
development and procurement of, and specific military
construction for, the major defense acquisition program that is
reasonably allocable to each such major subprogram, divided by
the relevant number of fully-configured end items to be produced
under such major subprogram;
``(2) the term `procurement unit cost' applies at the level
of the subprogram and means the total of all funds programmed to
be available for obligation for procurement for each such major
subprogram, divided by the number of fully-configured end items
to be procured under such major subprogram;
``(3) the term `major contract', with respect to a
designated major subprogram, means each of the six largest
prime, associate, or Government furnished equipment contracts
under the subprogram that is in excess of $40,000,000 and that
is not a firm-fixed price contract; and
``(4) the term `life cycle cost', with respect to a
designated major subprogram, means all costs of development,
procurement, military construction, and operations and support,
without regard to funding source or management control.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 144 of such title is amended by inserting
after the item relating to section 2430 the following new item:
``2430a. Major subprograms.''.
(b) Conforming Amendments to Section 2432.--Section 2432 of such
title is amended--
(1) in subsection (b)(2)(A), by inserting ``for the program
(or for each designated subprogram under the program)'' after
``procurement unit cost'';
(2) in subsection (c)--
(A) in paragraph (1)(B)--
(i) by inserting ``or designated major
subprogram'' after ``for each major defense
acquisition program''; and
(ii) by inserting ``or subprogram'' after
``the program'';
(B) in paragraph (1)(C)--
(i) by inserting ``or designated major
subprogram'' after ``major defense acquisition
program''; and
(ii) by inserting ``or subprogram'' after
``the program''; and
(C) in paragraph (3)(A), by inserting ``and each
designated major subprogram'' after ``for each major
defense acquisition program'';
(3) in subsection (e)--
[[Page 122 STAT. 4522]]
(A) in paragraph (3), by inserting before the period
the following: ``for the program (or for each designated
major subprogram under the program)'';
(B) in paragraph (5), by inserting before the period
the following: ``(or for each designated major
subprogram under the program)'';
(C) in paragraph (7), by inserting ``or subprogram''
after ``of the program'' each place it appears; and
(D) in paragraph (8), by inserting ``and designated
major subprograms under the program'' after ``the
program'';
(4) in subsection (g)--
(A) by inserting ``or designated major subprogram''
after ``major defense acquisition program''; and
(B) by inserting ``or subprogram'' after ``the
program'' each place it appears; and
(5) in subsection (h)(2)(C), by inserting ``and designated
major subprograms under the program'' after ``the development
program''.
(c) Conforming Amendments to Section 2433.--Section 2433 of such
title is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The terms'' and
inserting ``Except as provided in section 2430a(c) of
this title, the terms'';
(B) in paragraph (2)--
(i) by inserting ``or designated major
subprogram'' after ``major defense acquisition
program''; and
(ii) by inserting ``or subprogram'' after
``the program'';
(C) in paragraph (4)--
(i) by inserting ``or designated major defense
subprogram'' after ``major defense acquisition
program'' each place it appears; and
(ii) by inserting ``or subprogram'' after
``for the program'' each place it appears; and
(D) in paragraph (5)--
(i) by inserting ``or designated major defense
subprogram'' after ``major defense acquisition
program'' each place it appears; and
(ii) by inserting ``or subprogram'' after
``for the program'' each place it appears;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``(or of each designated major subprogram
under the program)'' after ``unit costs of the
program'';
(B) in paragraph (1), by inserting before the period
the following: ``for the program (or for each designated
major subprogram under the program)'';
(C) in paragraph (2), by inserting before the period
the following: ``for the program (or for each designated
major subprogram under the program)''; and
(D) in paragraph (5), by inserting ``or subprogram''
after ``the program'' each place it appears (other than
the last place it appears);
(3) in subsection (c)--
[[Page 122 STAT. 4523]]
(A) by striking ``the program acquisition unit cost
for the program or the procurement unit cost for the
program'' and inserting ``the program acquisition unit
cost for the program (or for a designated major
subprogram under the program) or the procurement unit
cost for the program (or for such a subprogram)''; and
(B) by striking ``for the program'' after
``significant cost growth threshold'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``or any designated major
subprogram under the program'' after ``major
defense acquisition program''; and
(ii) by inserting ``or subprogram'' after
``for the program'' each place it appears;
(B) in paragraph (2)--
(i) by inserting ``or any designated major
subprogram under the program'' after ``major
defense acquisition program''; and
(ii) by inserting ``or subprogram'' after
``for the program'' each place it appears; and
(C) in paragraph (3), by striking ``such program''
and inserting ``the program or subprogram concerned'';
(5) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by inserting ``or designated
major subprogram'' after ``major defense
acquisition program''; and
(II) by inserting ``or subprogram''
after ``for the program''; and
(ii) in subparagraph (B)--
(I) by inserting ``or designated
major subprogram'' after ``major defense
acquisition program''; and
(II) by inserting ``or subprogram''
after ``that program''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A)--
(i) by inserting ``or designated major
subprogram'' after ``major defense acquisition
program''; and
(ii) by inserting ``or subprogram'' after
``for the program''; and
(6) in subsection (g)--
(A) in paragraph (1)--
(i) in subparagraph (D)--
(I) by inserting ``(and for each
designated major subprogram under the
program)'' after ``for the program'';
and
(II) by inserting ``or subprogram''
after ``in which the program'';
(ii) in subparagraph (E), by inserting ``for
the program (and for each designated major
subprogram under the program)'' after ``program
acquisition cost'';
(iii) in subparagraph (F), by inserting before
the period the following: ``for the program (or
for any designated major subprogram under the
program)'';
[[Page 122 STAT. 4524]]
(iv) in subparagraph (G)--
(I) by inserting ``and each
designated major subprogram under the
program'' after of ``the program''; and
(II) by inserting ``or subprogram''
after ``for the program'' each place it
appears;
(v) in subparagraph (H)--
(I) by inserting ``and each
designated major subprogram under the
program'' after ``the program'' the
first place it appears; and
(II) by inserting ``or subprogram''
after ``the program'' the second place
it appears;
(vi) in subparagraph (J), by inserting ``for
the program (or for each designated major
subprogram under the program)'' after ``program
acquisition unit cost'';
(vii) in subparagraph (K), by inserting ``for
the program (or for each designated major
subprogram under the program)'' after
``procurement unit cost'' each place it appears;
(viii) in subparagraph (O), by inserting
before the period the following: ``for the program
(or for any designated major subprogram under the
program)'';
(ix) in subparagraph (P)--
(I) by inserting ``or subprogram''
after ``the program'' the first place it
appears; and
(II) by inserting ``and any
designated major subprogram under the
program'' after ``the program'' the
second place it appears; and
(x) in subparagraph (Q), by inserting ``or any
designated major subprogram under the program''
after ``the program''; and
(B) in paragraph (2)--
(i) by inserting ``or designated major
subprogram'' after ``major defense acquisition
program'';
(ii) by inserting ``or subprogram'' after
``the entire program''; and
(iii) by inserting ``or subprogram'' after ``a
program''.
(d) Conforming Amendments to Section 2435.--Section 2435 of such
title is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``and for each
designated major subprogram under the program'' after
``major defense acquisition program''; and
(B) in paragraph (2), by inserting ``or designated
major subprogram'' after ``major defense acquisition
program'';
(2) in subsection (b)--
(A) by inserting ``or any designated major
subprogram under the program'' after ``major defense
acquisition program''; and
(B) by inserting ``or subprogram'' after ``the
program'';
(3) in subsection (c)--
(A) by inserting ``or any designated major
subprogram under the program'' after ``major defense
acquisition program''; and
(B) by inserting ``or subprogram'' after ``the
program'' each place it appears;
[[Page 122 STAT. 4525]]
(4) in subsection (d)--
(A) by inserting ``or any designated major
subprogram under the program'' after ``major defense
acquisition program'' each place it appears;
(B) in paragraph (1)--
(i) by inserting ``or subprogram'' after ``the
program'' each place it appears; and
(ii) by inserting ``or subprogram'' after ``at
program''; and
(C) in paragraph (2), by inserting ``or subprogram''
after ``for the program'' each place it appears; and
(5) in subsection (e)--
(A) by inserting ``(or in the case of a major
defense acquisition program with one or more designated
major subprograms, approved baseline descriptions for
such subprograms)'' after ``baseline description'';
(B) by striking ``the baseline'' and inserting ``any
such baseline description''; and
(C) by inserting ``or subprogram'' after ``of the
program''.
SEC. 812. INCLUSION OF CERTAIN MAJOR INFORMATION TECHNOLOGY
INVESTMENTS IN ACQUISITION OVERSIGHT
AUTHORITIES FOR MAJOR AUTOMATED
INFORMATION SYSTEM PROGRAMS.
(a) Definitions.--
(1) In general.--Section 2445a of title 10, United States
Code, is amended--
(A) in subsection (a), by striking ``In General''
and inserting ``Major Automated Information System
Program''; and
(B) by adding at the end the following new
subsection:
``(d) Other Major Information Technology Investment Program.--In
this chapter, the term `other major information technology investment
program' means the following:
``(1) An investment that is designated by the Secretary of
Defense, or a designee of the Secretary, as a `pre-Major
Automated Information System' or `pre-MAIS' program.
``(2) Any other investment in automated information system
products or services that is expected to exceed the thresholds
established in subsection (a), as adjusted under subsection (b),
but is not considered to be a major automated information system
program because a formal acquisition decision has not yet been
made with respect to such investment.''.
(2) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 2445a. Definitions''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 144A of such title is amended by striking
the item relating to section 2445a and inserting the following
new item:
``2445a. Definitions.''.
(b) Cost, Schedule, and Performance Information.--Section 2445b of
such title is amended--
[[Page 122 STAT. 4526]]
(1) in subsection (a), by inserting ``and each other major
information technology investment program'' after ``each major
automated information system program'';
(2) in subsection (b), by inserting ``Regarding Major
Automated Information System Programs'' after ``Elements''; and
(3) by adding at the end the following new subsection:
``(d) Elements Regarding Other Major Information Technology
Investment Programs.--With respect to each other major information
technology investment program, the information required by subsection
(a) may be provided in the format that is most appropriate to the
current status of the program.''.
(c) Quarterly Reports.--Section 2445c of such title is amended--
(1) in subsection (a)--
(A) by inserting ``or other major information
technology investment program'' after ``major automated
information system program''; and
(B) by inserting ``or information technology
investment'' after ``the major automated information
system'';
(2) in subsection (b)--
(A) by inserting ``or other major information
technology investment program'' after ``major automated
information system program'' in the matter preceding
paragraph (1); and
(B) by inserting ``or information technology
investment'' after ``automated information system'' each
place it appears in paragraphs (1) and (2);
(3) in subsection (d)--
(A) in paragraph (1) and in paragraph (2) in the
matter preceding subparagraph (A), by inserting ``or
other major information technology investment program''
after ``major automated information system program'';
and
(B) in paragraph (2)--
(i) by striking subparagraph (A) and inserting
the following:
``(A) the automated information system or
information technology investment failed to achieve
initial operational capability within five years after
funds were first obligated for the program;'';
(ii) in subparagraph (B), by inserting before
the semicolon the following: ``or section 2445b(d)
of this title, as applicable'';
(iii) in subparagraph (C), by inserting before
the semicolon the following: ``or section 2445b(d)
of this title, as applicable''; and
(iv) in subparagraph (D)--
(I) by inserting ``or major
information technology investment''
after ``major automated information
system''; and
(II) by inserting before the period
the following: ``or section 2445b(d) of
this title, as applicable'';
(4) in subsection (e), by inserting ``or other major
information technology investment program'' after ``major
automated information system program''; and
(5) in subsection (f)--
[[Page 122 STAT. 4527]]
(A) by inserting ``or other major information
technology investment program'' after ``major automated
information system program'' in the matter preceding
paragraph (1);
(B) in paragraph (1), by inserting ``or information
technology investment'' after ``automated information
system'';
(C) in paragraph (2), by inserting ``or information
technology investment'' after ``the system''; and
(D) in paragraph (3), by inserting ``or information
technology investment, as applicable,'' after ``the
program and system''.
SEC. 813. TRANSFER OF SECTIONS OF TITLE 10 RELATING TO MILESTONE A
AND MILESTONE B FOR CLARITY.
(a) Reversal of Order of Sections.--Section 2366b of title 10,
United States Code, is transferred so as to appear before section 2366a
of such title.
(b) Redesignation of Sections.--Section 2366b (relating to Milestone
A) and section 2366a (relating to Milestone B) of such title, as so
transferred, are redesignated as sections 2366a and 2366b, respectively.
(c) Technical Amendment.--The table of sections at the beginning of
chapter 139 of title 10, United States Code, is amended by striking the
items relating sections 2366a and 2366b and inserting the following new
items:
``2366a. Major defense acquisition programs: certification required
before Milestone A or Key Decision Point A approval.
``2366b. Major defense acquisition programs: certification required
before Milestone B or Key Decision Point B approval.''.
(d) Conforming Amendments.--
(1) Section 181 of title 10, united states code.--Section
181(b)(4) of title 10, United States Code, is amended by
striking ``section 2366a(a)(4), section 2366b(b),'' and
inserting ``section 2366a(b), section 2366b(a)(4),''.
(2) National defense authorization act for fiscal year
2008.--The National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181) is amended--
(A) in section 212(1) <<NOTE: Ante, p. 35.>> by
striking ``2366a'' and inserting ``2366b''; and
(B) in section 816 <<NOTE: Ante, p. 223.>> --
(i) in subsection (a)(2) by striking ``2366a''
and inserting ``2366b'';
(ii) in subsection (a)(3) by striking ``2366b
of title 10, United States Code, as added by
section 943 of this Act'' and inserting ``2366a of
title 10, United States Code''; and
(iii) in subsection (c)(2) by striking
``2366a'' each place such term appears (including
in the paragraph heading) and inserting ``2366b''.
(3) John warner national defense authorization act for
fiscal year 2007.--The John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) is
amended in <<NOTE: 10 USC 2302 note.>> section 812 (120 Stat.
2317), in each of subsections (c)(2)(A) and (d)(2), by striking
``2366a'' and inserting ``2366b''.
(e) Additional Technical Amendments.--
(1) Section 2366a of title 10, United States Code, as
transferred and redesignated by this section, is amended--
[[Page 122 STAT. 4528]]
(A) in paragraphs (1), (2), and (4) of subsection
(a), by striking ``system'' each place it appears and
inserting ``program'';
(B) in paragraph (3) of subsection (a)--
(i) by striking ``if the system'' and
inserting ``if the program''; and
(ii) by striking ``such system'' and inserting
``such program'';
(C) in subsection (b)--
(i) by striking ``major system'' and inserting
``major defense acquisition program''; and
(ii) by striking ``the system'' each place it
appears and inserting ``the program''; and
(D) in paragraph (1) of subsection (c)--
(i) by striking ``major system'' and inserting
``major defense acquisition program''; and
(ii) by striking ``2302(5)'' and inserting
``2430''.
(2) Section 943 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 288) is
amended--
(A) in subsection (b), by striking ``major weapon
system'' and inserting ``major defense acquisition
program''; and
(B) in subsection (c)--
(i) by striking ``major systems'' and
inserting ``major defense acquisition programs'';
and
(ii) by adding at the end the following: ``In
the case of the certification required by
paragraph (2) of subsection (a) of such section,
during the period prior to the completion of the
first quadrennial roles and missions review
required by section 118b of title 10, United
States Code, the certification required by that
paragraph shall be that the system is being
executed by an entity with a relevant core
competency as identified by the Secretary of
Defense.''.
SEC. 814. CONFIGURATION STEERING BOARDS FOR COST CONTROL UNDER
MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Configuration Steering Boards.--Each Secretary of a military
department shall establish one or more boards (to be known as a
``Configuration Steering Board'') for the major defense acquisition
programs of such department.
(b) Composition.--
(1) Chair.--Each Configuration Steering Board under this
section shall be chaired by the service acquisition executive of
the military department concerned.
(2) Particular members.--Each Configuration Steering Board
under this section shall include a representative of the
following:
(A) The Office of the Under Secretary of Defense for
Acquisition, Technology, and Logistics.
(B) The Chief of Staff of the Armed Force concerned.
(C) Other Armed Forces, as appropriate.
(D) The Joint Staff.
(E) The Comptroller of the military department
concerned.
[[Page 122 STAT. 4529]]
(F) The military deputy to the service acquisition
executive concerned.
(G) The program executive officer for the major
defense acquisition program concerned.
(H) Other senior representatives of the Office of
the Secretary of Defense and the military department
concerned, as appropriate.
(c) Responsibilities.--
(1) In general.--The Configuration Steering Board for a
major defense acquisition program under this section shall be
responsible for the following:
(A) Preventing unnecessary changes to program
requirements and system configuration that could have an
adverse impact on program cost or schedule.
(B) Mitigating the adverse cost and schedule impact
of any changes to program requirements or system
configuration that may be required.
(C) Ensuring that the program delivers as much
planned capability as possible, at or below the relevant
program baseline.
(2) Discharge of responsibilities.--In discharging its
responsibilities under this section with respect to a major
defense acquisition program, a Configuration Steering Board
shall--
(A) review and approve or disapprove any proposed
changes to program requirements or system configuration
that have the potential to adversely impact program cost
or schedule; and
(B) review and recommend proposals to reduce program
requirements that have the potential to improve program
cost or schedule in a manner consistent with program
objectives.
(3) Presentation of recommendations on reduction in
requirements.--Any recommendation for a proposed reduction in
requirements that is made by a Configuration Steering Board
under paragraph (2)(B) shall be presented to appropriate
organizations of the Joint Staff and the military departments
responsible for such requirements for review and approval in
accordance with applicable procedures.
(4) Annual consideration of each major defense acquisition
program.--The Secretary of the military department concerned
shall ensure that a Configuration Steering Board under this
section meets to consider each major defense acquisition program
of such military department at least once each year.
(5) Certification of cost and schedule deviations during
system design and development.--For a major defense acquisition
program that received an initial Milestone B approval during
fiscal year 2008, a Configuration Steering Board may not approve
any proposed alteration to program requirements or system
configuration if such an alteration would--
(A) increase the cost (including any increase for
expected inflation or currency exchange rates) for
system development and demonstration by more than 25
percent; or
[[Page 122 STAT. 4530]]
(B) extend the schedule for key events by more than
15 percent of the total number of months between the
award of the system development and demonstration
contract and the scheduled Milestone C approval date,
unless the Under Secretary of Defense for Acquisition,
Technology, and Logistics certifies to the congressional defense
committees, and includes in the certification supporting
rationale, that approving such alteration to program
requirements or system configuration is in the best interest of
the Department of Defense despite the cost and schedule impacts
to system development and demonstration of such program.
(d) Applicability.--
(1) In general.--The requirements of this section shall
apply with respect to any major defense acquisition program that
is commenced before, on, or after the date of the enactment of
this Act.
(2) Current programs.--In <<NOTE: Deadline.>> the case of
any major defense acquisition program that is ongoing as of the
date of the enactment of this Act, a Configuration Steering
Board under this section shall be established for such program
not later than 60 days after the date of the enactment of this
Act.
(e) Guidance on Authorities of Program Managers After Milestone B.--
(1) Modification of guidance on authorities.--Paragraph (2)
of section 853(d) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. <<NOTE: 10 USC 2430 note.>> 2343) is amended to read as
follows:
``(2) authorities available to the program manager,
including--
``(A) the authority to object to the addition of new
program requirements that would be inconsistent with the
parameters established at Milestone B (or Key Decision
Point B in the case of a space program) and reflected in
the performance agreement, unless such requirements are
approved by the appropriate Configuration Steering
Board; and
``(B) the authority to recommend to the appropriate
Configuration Steering Board reduced program
requirements that have the potential to improve program
cost or schedule in a manner consistent with program
objectives; and''.
(2) Applicability.--The <<NOTE: Deadline.>> Secretary of
Defense shall modify the guidance described in section 853(d) of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 in order to take into account the amendment made by
paragraph (1) not later than 60 days after the date of the
enactment of this Act.
(f) Major Defense Acquisition Program Defined.--In this section, the
term ``major defense acquisition program'' has the meaning given that
term in section 2430(a) of title 10, United States Code.
SEC. 815. PRESERVATION OF TOOLING FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Guidance Required.--Not <<NOTE: Deadline.>> later than 270 days
after the date of the enactment of this Act, the Secretary of Defense
shall issue guidance requiring the preservation and storage of unique
[[Page 122 STAT. 4531]]
tooling associated with the production of hardware for a major defense
acquisition program through the end of the service life of the end item
associated with such a program. Such guidance shall--
(1) require that the milestone decision authority approve a
plan, including the identification of any contract clauses,
facilities, and funding required, for the preservation and
storage of such tooling prior to Milestone C approval;
(2) require that the milestone decision authority
periodically review the plan required by paragraph (1) prior to
the end of the service life of the end item, to ensure that the
preservation and storage of such tooling remains adequate and in
the best interest of the Department of Defense;
(3) provide a mechanism for the Secretary to waive the
requirement for preservation and storage of unique production
tooling, or any category of unique production tooling, if the
Secretary--
(A) <<NOTE: Determination.>> makes a written
determination that such a waiver is in the best interest
of the Department of Defense; and
(B) <<NOTE: Notification.>> notifies the
congressional defense committees of the waiver upon
making such determination; and
(4) provide such criteria as necessary to guide a
determination made pursuant to paragraph (3)(A).
(b) Definitions.--In this section:
(1) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning provided in
section 2430 of title 10, United States Code.
(2) Milestone decision authority.--The term ``milestone
decision authority'' has the meaning provided in section
2366a(f)(2) of such title.
(3) Milestone c approval.--The term ``Milestone C approval''
has the meaning provided in section 2366(e)(8) of such title.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. DEFINITION OF SYSTEM FOR DEFENSE ACQUISITION CHALLENGE
PROGRAM.
Section 2359b of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(l) System Defined.--In this section, the term `system'--
``(1) means--
``(A) the organization of hardware, software,
material, facilities, personnel, data, and services
needed to perform a designated function with specified
results (such as the gathering of specified data, its
processing, and its delivery to users); or
``(B) a combination of two or more interrelated
pieces (or sets) of equipment arranged in a functional
package to perform an operational function or to satisfy
a requirement; and
``(2) includes a major system (as defined in section 2302(5)
of this title).''.
[[Page 122 STAT. 4532]]
SEC. 822. TECHNICAL DATA RIGHTS.
(a) Policy Guidance.--Not <<NOTE: Deadline.>> later than 270 days
after the date of the enactment of this Act, the Secretary of Defense
shall issue policy guidance with respect to rights in technical data
under a non-FAR agreement. The guidance shall--
(1) establish criteria for defining the legitimate interests
of the United States and the party concerned in technical data
pertaining to an item or process to be developed under the
agreement;
(2) require that specific rights in technical data be
established during agreement negotiations and be based upon
negotiations between the United States and the potential party
to the agreement, except in any case in which the Secretary of
Defense determines, on the basis of criteria established in such
policy guidance, that the establishment of rights during or
through agreement negotiations would not be practicable; and
(3) require the program manager for a major weapon system or
an item of personnel protective equipment that is to be
developed using a non-FAR agreement to assess the long-term
technical data needs of such system or item.
(b) Requirement to Include Provisions in Non-FAR Agreements.--A non-
FAR agreement shall contain appropriate provisions relating to rights in
technical data consistent with the policy guidance issued pursuant to
subsection (a).
(c) Definitions.--In this section:
(1) The term ``non-FAR agreement'' means an agreement that
is not subject to laws pursuant to which the Federal Acquisition
Regulation is prescribed, including--
(A) a transaction authorized under section 2371 of
this title; and
(B) a cooperative research and development
agreement.
(2) The term ``party'', with respect to a non-FAR agreement,
means a non-Federal entity and includes any of the following:
(A) A contractor and its subcontractors (at any
tier).
(B) A joint venture.
(C) A consortium.
(d) Report on Life Cycle Planning for Technical Data Needs.--Not
later than 270 days after the date of enactment of this Act, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
implementation of the requirements in section 2320(e) of title 10,
United States Code, for the assessment of long-term technical data needs
to sustain major weapon systems. Such report shall include--
(1) a description of all relevant guidance or policies
issued;
(2) a description of the extent to which program managers
have received training to better assess the long-term technical
data needs of major weapon systems and subsystems; and
(3) a description of one or more examples, if any, where a
priced contract option has been used on major weapon systems for
the future delivery of technical data and one or more examples,
if any, where all relevant technical data were acquired upon
contract award.
[[Page 122 STAT. 4533]]
SEC. 823. REVISION TO THE APPLICATION OF COST ACCOUNTING
STANDARDS.
(a) Requirement for Review of Exemptions to the Cost Accounting
Standards.--The Cost Accounting Standards Board shall--
(1) review the inapplicability of the cost accounting
standards, in accordance with existing exemptions, to any
contract or subcontract that is executed and performed outside
the United States when such a contract or subcontract is
performed by a contractor that, but for the fact that the
contract or subcontract is being executed and performed entirely
outside the United States, would be required to comply with such
standards; and
(2) determine whether the application of the standards to
such a contract or subcontract (or any category of such
contracts and subcontracts) would benefit the Government.
(b) Publication of Request for <<NOTE: Deadline.>> Information.--The
Cost Accounting Standards Board shall publish a request for information
as part of the review required by subsection (a) and shall provide a
copy of the request to the appropriate committees of Congress not less
than five days before the publication of such request.
(c) Report to Congress Upon Completion of the Review.--Not later
than 270 days after the date of the enactment of this Act, the Cost
Accounting Standards Board shall submit to the appropriate committees of
Congress a report containing--
(1) any revision to the cost accounting standards proposed
as a result of the review required by subsection (a) and a copy
of any proposed rulemaking implementing the revision; or
(2) if no revision and rulemaking are proposed, a detailed
justification for such decision.
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means
the Committees on Armed Services of the Senate and of the House
of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of Representatives.
(2) The term ``cost accounting standards'' means the
standards promulgated under section 26 of the Office of Federal
Procurement Policy Act (41 U.S.C. 422).
(3) The term ``Cost Accounting Standards Board'' means the
Board established pursuant to section 26 of the Office of
Federal Procurement Policy Act (41 U.S.C. 422).
SEC. 824. MODIFICATION AND EXTENSION OF PILOT PROGRAM FOR
TRANSITION TO FOLLOW-ON CONTRACTS UNDER
AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE
PROJECTS.
(a) Expansion of Scope of Pilot Program.--Paragraph (1) of section
845(e) of the National Defense Authorization Act for Fiscal Year 1994
(10 U.S.C. 2371 note) is amended by striking ``under prototype projects
carried out under this section'' and inserting ``developed under
prototype projects carried out under this section or research projects
carried out pursuant to section 2371 of title 10, United States Code''.
[[Page 122 STAT. 4534]]
(b) Two-Year Extension of Authority.--Paragraph (4) of such section
is amended by striking ``September 30, 2008'' and inserting ``September
30, 2010''.
SEC. 825. CLARIFICATION OF STATUS OF GOVERNMENT RIGHTS IN THE
DESIGNS OF DEPARTMENT OF DEFENSE VESSELS,
BOATS, CRAFT, AND COMPONENTS THEREOF.
(a) In General.--Chapter 633 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7317. Status of Government rights in the designs of
vessels, boats, and craft, and components
thereof
``(a) In General.--Government rights in the design of a vessel,
boat, or craft, and its components, including the hull, decks,
superstructure, and all shipboard equipment and systems, shall be
determined solely as follows:
``(1) In the case of a vessel, boat, craft, or component
procured through a contract, in accordance with the provisions
of section 2320 of this title.
``(2) In the case of a vessel, boat, craft, or component
procured through an instrument not governed by section 2320 of
this title, by the terms of the instrument (other than a
contract) under which the design for such vessel, boat, craft,
or component, as applicable, was developed for the Government.
``(b) Construction of Superseding Authorities.--This section may be
modified or superseded by a provision of statute only if such provision
expressly refers to this section in modifying or superseding this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 633 of such title is amended by adding at the end the following
new item:
``7317. Status of Government rights in the designs of vessels, boats,
and craft, and components thereof''.
Subtitle D--Provisions Relating to Acquisition Workforce and Inherently
Governmental Functions
SEC. 831. DEVELOPMENT OF GUIDANCE ON PERSONAL SERVICES CONTRACTS.
(a) Guidance Required.--Not <<NOTE: Deadline.>> later than 270 days
after the date of the enactment of this Act, the Secretary of Defense
shall develop guidance related to personal services contracts to--
(1) require a clear distinction between employees of the
Department of Defense and employees of Department of Defense
contractors;
(2) provide appropriate safeguards with respect to when,
where, and to what extent the Secretary may enter into a
contract for the procurement of personal services; and
(3) assess and take steps to mitigate the risk that, as
implemented and administered, non-personal services contracts
may become personal services contracts.
(b) Definition of Personal Services Contract.--In this section, the
term ``personal services contract'' has the meaning given that term in
section 2330a(g)(5) of title 10, United States Code.
[[Page 122 STAT. 4535]]
SEC. 832. SENSE OF CONGRESS ON PERFORMANCE BY PRIVATE SECURITY
CONTRACTORS OF CERTAIN FUNCTIONS IN AN
AREA OF COMBAT OPERATIONS.
It is the sense of Congress that--
(1) security operations for the protection of resources
(including people, information, equipment, and supplies) in
uncontrolled or unpredictable high-threat environments should
ordinarily be performed by members of the Armed Forces if they
will be performed in highly hazardous public areas where the
risks are uncertain and could reasonably be expected to require
deadly force that is more likely to be initiated by personnel
performing such security operations than to occur in self-
defense;
(2) it should be in the sole discretion of the commander of
the relevant combatant command to determine whether or not the
performance by a private security contractor under a contract
awarded by any Federal agency of a particular activity, a series
of activities, or activities in a particular location, within a
designated area of combat operations is appropriate and such a
determination should not be delegated to any person who is not
in the military chain of command;
(3) the Secretaries of the military departments and the
Chiefs of Staff of the Armed Forces should ensure that the
United States Armed Forces have appropriate numbers of trained
personnel to perform the functions described in paragraph (1)
without the need to rely upon private security contractors; and
(4) the regulations issued by the Secretary of Defense
pursuant to section 862(a) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 254; 10
U.S.C. 2302 note) should ensure that private security
contractors are not authorized to perform inherently
governmental functions in an area of combat operations.
SEC. 833. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
Section 1705 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) Expedited Hiring Authority.--
``(1) For purposes of sections 3304, 5333, and 5753 of title
5, United States Code, the Secretary of Defense may--
``(A) designate any category of acquisition
positions within the Department of Defense as shortage
category positions; and
``(B) utilize the authorities in such sections to
recruit and appoint highly qualified persons directly to
positions so designated.
``(2) <<NOTE: Termination date.>> The Secretary may not
appoint a person to a position of employment under this
subsection after September 30, 2012.''.
SEC. 834. CAREER PATH AND OTHER REQUIREMENTS FOR MILITARY
PERSONNEL IN THE ACQUISITION FIELD.
(a) Acquisition Personnel Requirements.--
(1) In general.--Chapter 87 of title 10, United States Code,
is amended by inserting after section 1722 the following new
section:
[[Page 122 STAT. 4536]]
``Sec. 1722a. Special requirements for military personnel in the
acquisition field
``(a) Requirement for Policy and Guidance Regarding Military
Personnel in Acquisition.--The Secretary of Defense shall require the
Secretary of each military department (with respect to such military
department) and the Under Secretary of Defense for Acquisition,
Technology, and Logistics (with respect to the Office of the Secretary
of Defense, the unified combatant commands, the Defense Agencies, and
the Defense Field Activities) to establish policies and issue guidance
to ensure the proper development, assignment, and employment of members
of the armed forces in the acquisition field to achieve the objectives
of this section as specified in subsection (b).
``(b) Objectives.--Policies established and guidance issued pursuant
to subsection (a) shall ensure, at a minimum, the following:
``(1) A career path in the acquisition field that attracts
the highest quality officers and enlisted personnel.
``(2) A number of command positions and senior
noncommissioned officer positions, including acquisition billets
reserved for general officers and flag officers under subsection
(c), sufficient to ensure that members of the armed forces have
opportunities for promotion and advancement in the acquisition
field.
``(3) A number of qualified, trained members of the armed
forces eligible for and active in the acquisition field
sufficient to ensure the optimum management of the acquisition
functions of the Department of Defense and the appropriate use
of military personnel in contingency contracting.
``(c) Reservation of Acquisition Billets for General Officers and
Flag Officers.--(1) The Secretary of Defense shall--
``(A) establish for each military department a sufficient
number of billets coded or classified for acquisition personnel
that are reserved for general officers and flag officers that
are needed for the purpose of ensuring the optimum management of
the acquisition functions of the Department of Defense; and
``(B) ensure that the policies established and guidance
issued pursuant to subsection (a) by the Secretary of each
military department reserve at least that minimum number of
billets and fill the billets with qualified and trained general
officers and flag officers who have significant acquisition
experience.
``(2) The Secretary of Defense shall ensure--
``(A) a sufficient number of billets for acquisition
personnel who are general officers or flag officers exist within
the Office of the Secretary of Defense, the unified combatant
commands, the Defense Agencies, and the Defense Field Activities
to ensure the optimum management of the acquisition functions of
the Department of Defense; and
``(B) that the policies established and guidance issued
pursuant to subsection (a) by the Secretary reserve within the
Office of the Secretary of Defense, the unified combatant
commands, the Defense Agencies, and the Defense Field Activities
at least that minimum number of billets and fill the billets
with qualified and trained general officers and flag officers
who have significant acquisition experience.
[[Page 122 STAT. 4537]]
``(3) The Secretary of Defense shall ensure that a portion of the
billets referred to in paragraphs (1) and (2) involve command of
organizations primarily focused on contracting and are reserved for
general officers and flag officers who have significant contracting
experience.
``(d) Relationship to Limitation on Preference for Military
Personnel.--Any designation or reservation of a position for a member of
the armed forces as a result of a policy established or guidance issued
pursuant to this section shall be deemed to meet the requirements for an
exception under paragraph (2) of section 1722(b) of this title from the
limitation in paragraph (1) of such section.
``(e) Report.--Not later than January 1 of each year, the Secretary
of each military department shall submit to the Under Secretary of
Defense for Acquisition, Technology, and Logistics a report describing
how the Secretary fulfilled the objectives of this section in the
preceding calendar year. The report shall include information on the
reservation of acquisition billets for general officers and flag
officers within the department concerned.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 87 of such title is amended by inserting
after the item relating to section 1722 the following new item:
``1722a. Special requirements for military personnel in the acquisition
field.''.
(b) Additional Item in Strategic Plan.--Section 543(f)(3)(E) of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat 116) is amended by inserting after ``officer assignments
and grade requirements'' the following: ``, including requirements
relating to the reservation of billets in the acquisition field for
general and flag officers,''.
(c) Annual Report Required.--Not later than 270 days after the date
of the enactment of this Act, and not later than March 1 of 2010, 2011,
and 2012, the Secretary of Defense shall submit to the congressional
defense committees a report on--
(1) the number acquisition and contracting billets in each
of the Armed Forces and joint activities that are reserved for
general officers and flag officers; and
(2) the extent to which these billets have been filled by
general officers and flag officers with significant acquisition
experience and significant contracting experience, as
applicable.
Subtitle E--Department of Defense Contractor Matters
SEC. 841. ETHICS SAFEGUARDS RELATED TO CONTRACTOR CONFLICTS OF
INTEREST.
(a) Policy on Personal Conflicts of Interest by Employees of Federal
Government <<NOTE: Deadline.>> Contractors.--Not later than 270 days
after the date of the enactment of this Act, the Administrator for
Federal Procurement Policy shall develop and issue a standard policy to
prevent personal conflicts of interest by contractor employees
performing acquisition functions closely associated with inherently
governmental functions (including the development, award, and
administration of Government contracts) for or on behalf of a Federal
agency or department.
[[Page 122 STAT. 4538]]
(1) Elements of policy.--The policy required under
subsection (a) shall--
(A) provide a definition of the term ``personal
conflict of interest'' as it relates to contractor
employees performing acquisition functions closely
associated with inherently governmental functions; and
(B) require each contractor whose employees perform
acquisition functions closely associated with inherently
governmental functions to--
(i) identify and prevent personal conflicts of
interest for employees of the contractor who are
performing such functions;
(ii) prohibit contractor employees who have
access to non-public government information
obtained while performing such functions from
using such information for personal gain;
(iii) report any personal conflict-of-interest
violation by such an employee to the applicable
contracting officer or contracting officer's
representative as soon as it is identified;
(iv) maintain effective oversight to verify
compliance with personal conflict-of-interest
safeguards;
(v) have procedures in place to screen for
potential conflicts of interest for all employees
performing such functions; and
(vi) take appropriate disciplinary action in
the case of employees who fail to comply with
policies established pursuant to this section.
(2) Contract clause.--
(A) The Administrator shall develop a personal
conflicts-of-interest clause or a set of clauses for
inclusion in solicitations and contracts (and task or
delivery orders) for the performance of acquisition
functions closely associated with inherently
governmental functions that sets forth the personal
conflicts-of-interest policy developed under this
subsection and that sets forth the contractor's
responsibilities under such policy.
(B) <<NOTE: Effective
date. Applicability.>> Subparagraph (A) shall take
effect 300 days after the date of the enactment of this
Act and shall apply to--
(i) contracts entered into on or after that
effective date; and
(ii) task or delivery orders awarded on or
after that effective date, regardless of whether
the contracts pursuant to which such task or
delivery orders are awarded are entered before,
on, or after the date of the enactment of this
Act.
(3) Applicability.--
(A) Except as provided in subparagraph (B), this
subsection shall apply to any contract for an amount in
excess of the simplified acquisition threshold (as
defined in section 4(11) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(11)) if the
contract is for the performance of acquisition functions
closely associated with inherently governmental
functions.
(B) If only a portion of a contract described in
subparagraph (A) is for the performance of acquisition
functions
[[Page 122 STAT. 4539]]
described in that subparagraph, then this subsection
applies only to that portion of the contract.
(b) Review of Federal Acquisition Regulation Relating to Conflicts
of Interest.--
(1) Review.--Not <<NOTE: Deadline.>> later than 12 months
after the date of the enactment of this Act, the Administrator
for Federal Procurement Policy, in consultation with the
Director of the Office of Government Ethics, shall review the
Federal Acquisition Regulation to--
(A) identify contracting methods, types and services
that raise heightened concerns for potential personal
and organizational conflicts of interest; and
(B) determine whether revisions to the Federal
Acquisition Regulation are necessary to--
(i) address personal conflicts of interest by
contractor employees with respect to functions
other than those described in subsection (a); or
(ii) achieve sufficiently rigorous,
comprehensive, and uniform government-wide
policies to prevent and mitigate organizational
conflicts of interest in Federal contracting.
(2) Regulatory revisions.--If the Administrator determines
pursuant to the review under paragraph (1)(B) that revisions to
the Federal Acquisition Regulation are necessary, the
Administrator shall work with the Federal Acquisition Regulatory
Council to prescribe appropriate revisions to the regulations,
including the development of appropriate contract clauses.
(3) Report.--Not later than March 1, 2010, the Administrator
shall submit to the Committees on Armed Services of the Senate
and House of Representatives, the Committee on Homeland Security
and Governmental Affairs in the Senate, and the Committee on
Oversight and Government Reform of the House of Representatives
a report setting forth such findings and determinations under
subparagraphs (A) and (B) of paragraph (1), together with an
assessment of any revisions to the Federal Acquisition
Regulation that may be necessary.
(c) Best Practices.--The Administrator for Federal Procurement
Policy shall, in consultation with the Director of the Office Government
Ethics, develop and maintain a repository of best practices relating to
the prevention and mitigation of organizational and personal conflicts
of interest in Federal contracting.
SEC. 842. INFORMATION FOR DEPARTMENT OF DEFENSE CONTRACTOR
EMPLOYEES ON THEIR WHISTLEBLOWER RIGHTS.
(a) In General.--The Secretary of Defense shall ensure that
contractors of the Department of Defense inform their employees in
writing of employee whistleblower rights and protections under section
2409 of title 10, United States Code, as implemented by subpart 3.9 of
part I of title 48, Code of Federal Regulations.
(b) Contractor Defined.--In this section, the term ``contractor''
has the meaning given that term in section 2409(e)(4) of title 10,
United States Code.
[[Page 122 STAT. 4540]]
SEC. 843. REQUIREMENT FOR DEPARTMENT OF DEFENSE TO ADOPT AN
ACQUISITION STRATEGY FOR DEFENSE BASE ACT
INSURANCE.
(a) In General.--The Secretary of Defense shall adopt an acquisition
strategy for insurance required by the Defense Base Act (42 U.S.C. 1651
et seq.) which minimizes the cost of such insurance to the Department of
Defense and to defense contractors subject to such Act.
(b) Criteria.--The Secretary shall ensure that the acquisition
strategy adopted pursuant to subsection (a) addresses the following
criteria:
(1) Minimize overhead costs associated with obtaining such
insurance, such as direct or indirect costs for contract
management and contract administration.
(2) Minimize costs for coverage of such insurance consistent
with realistic assumptions regarding the likelihood of incurred
claims by contractors of the Department.
(3) Provide for a correlation of premiums paid in relation
to claims incurred that is modeled on best practices in
government and industry for similar kinds of insurance.
(4) Provide for a low level of risk to the Department.
(5) Provide for a competitive marketplace for insurance
required by the Defense Base Act to the maximum extent
practicable.
(c) Options.--In adopting the acquisition strategy pursuant to
subsection (a), the Secretary shall consider such options (including
entering into a single Defense Base Act insurance contract) as the
Secretary deems to best satisfy the criteria identified under subsection
(b).
(d) Report.--(1) Not later than 270 days after the date of enactment
of this Act, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the Senate, and the
Committee on Oversight and Government Reform of the House of
Representatives a report on the acquisition strategy adopted pursuant to
subsection (a).
(2) The report shall include a discussion of each of the options
considered pursuant to subsection (c) and the extent to which each
option addresses the criteria identified under subsection (b), and shall
include a plan to implement within 18 months after the date of enactment
of this Act the acquisition strategy adopted by the Secretary.
(e) Review of Acquisition <<NOTE: Deadline.>> Strategy.--As
considered appropriate by the Secretary, but not less often than once
every 3 years, the Secretary shall review and, as necessary, update the
acquisition strategy adopted pursuant to subsection (a) to ensure that
it best addresses the criteria identified under subsection (b).
SEC. 844. REPORT ON USE OF OFF-SHORE SUBSIDIARIES BY DEFENSE
CONTRACTORS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall provide a report to
the Committees on Armed Services of the Senate and the House of
Representatives on the use of off-shore subsidiaries by contractors of
the Department of Defense.
(b) Matters Covered.--The report shall comprehensively examine the
rationale, implications, and costs and benefits for both
[[Page 122 STAT. 4541]]
the contractor and the Department of Defense in using off-shore
subsidiaries, particularly in respect to--
(1) tax liability (including corporate income taxes and
payroll taxes);
(2) legal liability;
(3) compliance with cost accounting standards;
(4) efficiency in contract performance;
(5) contract management and contract oversight; and
(6) such other areas as the Comptroller General determines
appropriate.
SEC. 845. DEFENSE INDUSTRIAL SECURITY.
(a) Defense Industrial Security.--
(1) In general.--Subchapter I of chapter 21 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 438. Defense industrial security
``(a) Responsibility <<NOTE: Classified information.>> for Defense
Industrial Security.--The Secretary of Defense shall be responsible for
the protection of classified information disclosed to contractors of the
Department of Defense.
``(b) Consistency With Executive Orders and Directives.--The
Secretary shall carry out the responsibility assigned under subsection
(a) in a manner consistent with Executive Order 12829 (or any successor
order to such executive order) and consistent with policies relating to
the National Industrial Security Program (or any successor to such
program).
``(c) Performance of Industrial Security Functions for Other
Agencies.--The Secretary may perform industrial security functions for
other agencies of the Federal government upon request or upon
designation of the Department of Defense as executive agent for the
National Industrial Security Program (or any successor to such program).
``(d) Regulations and Policy Guidance.--The Secretary shall
prescribe, and from time to time revise, such regulations and policy
guidance as are necessary to ensure the protection of classified
information disclosed to contractors of the Department of Defense.
``(e) Dedication of Resources.--The Secretary shall ensure that
sufficient resources are provided to staff, train, and support such
personnel as are necessary to fully protect classified information
disclosed to contractors of the Department of Defense.
``(f) Biennial Report.--The Secretary shall report biennially to the
congressional defense committees on expenditures and activities of the
Department of Defense in carrying out the requirements of this section.
The Secretary shall submit the report at or about the same time that the
President's budget is submitted pursuant to section 1105(a) of title 31,
United States Code, in odd numbered years. The report shall be in an
unclassified form (with a classified annex if necessary) and shall cover
the activities of the Department of Defense in the preceding two fiscal
years, including the following:
``(1) The workforce responsible for carrying out the
requirements of this section, including the number and
experience of such workforce; training in the performance of
industrial security functions; performance metrics; and
resulting assessment of overall quality.
[[Page 122 STAT. 4542]]
``(2) A description of funds authorized, appropriated, or
reprogrammed to carry out the requirements of this section, the
budget execution of such funds, and the adequacy of budgets
provided for performing such purpose.
``(3) Statistics on the number of contractors handling
classified information of the Department of Defense, and the
percentage of such contractors who are subject to foreign
ownership, control, or influence.
``(4) Statistics on the number of violations identified,
enforcement actions taken, and the percentage of such violations
occurring at facilities of contractors subject to foreign
ownership, control, or influence.
``(5) An assessment of whether major contractors
implementing the program have adequate enforcement programs and
have trained their employees adequately in the requirements of
the program.
``(6) Trend data on attempts to compromise classified
information disclosed to contractors of the Department of
Defense to the extent that such data are available.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 21 of title 10, United
States Code, is amended by adding at the end the following new
item:
``438. Defense industrial security.''.
(b) Submission of First Biennial Report.--Notwithstanding the
deadline in subsection (f) of section 438 of title 10, United States
Code, as added by this section, the first biennial report submitted
after the date of the enactment of this Act pursuant to such subsection
shall be submitted not later than September 1, 2009, and shall address
the period from the date of the enactment of this Act to the issuance of
such report.
(c) Report on Improving Industrial Security.--Not later than March
1, 2009, the Secretary of Defense shall submit to the congressional
defense committees a report on improving industrial security, including,
at a minimum, the following:
(1) The actions taken or actions planned to implement the
recommendations of the Comptroller General as embodied in the
report entitled ``Industrial Security: DOD Cannot Ensure Its
Oversight of Contractors Under Foreign Influence Is Sufficient''
(GAO-05-681; July 2005).
(2) Other actions taken or action planned to improve
industrial security.
(3) An analysis of the impact of emerging financial
arrangements such as sovereign wealth funds, hedge funds, and
other new financial debt and credit arrangements on the
Department's ability to identify and mitigate foreign ownership,
control, or influence.
(4) Any recommendations of the Secretary for modifying
regulations and policy guidance prescribed pursuant to section
438(d) of title 10, United States Code, or other regulations or
policy guidance addressing industrial security, to extend best
practices for industrial security across the broadest possible
range of defense contractors, and to improve industrial security
generally.
[[Page 122 STAT. 4543]]
Subtitle F--Matters Relating to Iraq and Afghanistan
SEC. 851. CLARIFICATION AND MODIFICATION OF AUTHORITIES RELATING
TO THE COMMISSION ON WARTIME CONTRACTING
IN IRAQ AND AFGHANISTAN.
(a) Nature of Commission.--Subsection (a) of section 841 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 230) is amended by inserting ``in the legislative
branch'' after ``There is hereby established''.
(b) Pay and Annuities of Members and Staff on Federal
Reemployment.--Subsection (e) of such is amended by adding at the end
the following new paragraph:
``(8) Pay and annuities of members and staff on federal
reemployment.--If warranted by circumstances described in
subparagraph (A) or (B) of section 8344(i)(1) of title 5, United
States Code, or by circumstances described in subparagraph (A)
or (B) of section 8468(f)(1) of such title, as applicable, a co-
chairman of the Commission may exercise, with respect to the
members and staff of the Commission, the same waiver authority
as would be available to the Director of the Office of Personnel
Management under such section.''.
(c) Effective Date.--
(1) Nature of commission.--The amendment made by subsection
(a) shall take effect as of January 28, 2008, as if included in
the enactment of the National Defense Authorization Act for
Fiscal Year 2008.
(2) Pay <<NOTE: Applicability.>> and annuities.--The
amendment made by subsection (b) shall apply to members and
staff of the Commission on Wartime Contracting in Iraq and
Afghanistan appointed or employed, as the case may be, on or
after that date.
SEC. 852. COMPREHENSIVE AUDIT OF SPARE PARTS PURCHASES AND DEPOT
OVERHAUL AND MAINTENANCE OF EQUIPMENT FOR
OPERATIONS IN IRAQ AND AFGHANISTAN.
(a) Audits Required.--The Army Audit Agency, the Navy Audit Service,
and the Air Force Audit Agency shall each conduct thorough audits to
identify potential waste, fraud, and abuse in the performance of the
following:
(1) Department of Defense contracts, subcontracts, and task
and delivery orders for--
(A) depot overhaul and maintenance of equipment for
the military in Iraq and Afghanistan; and
(B) spare parts for military equipment used in Iraq
and Afghanistan; and
(2) Department of Defense in-house overhaul and maintenance
of military equipment used in Iraq and Afghanistan.
(b) Comprehensive Audit Plan.--
(1) Plans.--The Army Audit Agency, the Navy Audit Service,
and the Air Force Audit Agency shall, in coordination with the
Inspector General of the Department of Defense, develop a
comprehensive plan for a series of audits to discharge the
requirements of subsection (a).
(2) Incorporation into required audit plan.--The plan
developed under paragraph (1) shall be submitted to the
[[Page 122 STAT. 4544]]
Inspector General of the Department of Defense for incorporation
into the audit plan required by section 842(b)(1) of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 234; 10 U.S.C. 2302 note).
(c) Independent Conduct of Audit Functions.--All audit functions
performed under this section, including audit planning and coordination,
shall be performed in an independent manner.
(d) Availability of Results.--All audit reports resulting from
audits under this section shall be made available to the Commission on
Wartime Contracting in Iraq and Afghanistan established pursuant to
section 841 of the National Defense Authorization Act for Fiscal Year
2008 (122 Stat. 230).
(e) Construction.--Nothing in this section shall be construed to
require any agency of the Federal Government to duplicate audit work
that an agency of the Federal Government has already performed.
SEC. 853. ADDITIONAL MATTERS REQUIRED TO BE REPORTED BY
CONTRACTORS PERFORMING SECURITY FUNCTIONS
IN AREAS OF COMBAT OPERATIONS.
Section 862 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 254; 10 U.S.C. 2302 note) is
amended--
(1) in subsection (a)(2)(D)--
(A) by striking ``or'' at the end of clause (ii);
and
(B) by inserting after clause (iii) the following
new clauses:
``(iv) a weapon is discharged against
personnel performing private security functions in
an area of combat operations or personnel
performing such functions believe a weapon was so
discharged; or
``(v) active, non-lethal countermeasures
(other than the discharge of a weapon) are
employed by the personnel performing private
security functions in an area of combat operations
in response to a perceived immediate threat to
such personnel;''; and
(2) in subsection (b)(2)(B) in the matter preceding clause
(i)--
(A) by inserting ``comply with and'' before
``ensure''; and
(B) by striking ``comply with--'' and inserting
``act in accordance with--''.
SEC. 854. ADDITIONAL CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
RELATING TO ALLEGED CRIMES BY OR AGAINST
CONTRACTOR PERSONNEL IN IRAQ AND
AFGHANISTAN.
(a) In General.--Section 861(b) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
253; 10 U.S.C. 2302 note) is amended by adding the following new
paragraphs:
``(7) Mechanisms for ensuring that contractors are required
to report offenses described in paragraph (6) that are alleged
to have been committed by or against contractor personnel to
appropriate investigative authorities.
``(8) Responsibility for providing victim and witness
protection and assistance to contractor personnel in connection
with alleged offenses described in paragraph (6).
[[Page 122 STAT. 4545]]
``(9) Development of a requirement that a contractor shall
provide to all contractor personnel who will perform work on a
contract in Iraq or Afghanistan, before beginning such work,
information on the following:
``(A) How and where to report an alleged offense
described in paragraph (6).
``(B) Where to seek the assistance required by
paragraph (8).''.
(b) Implementation.--
(1) Through memorandum
of <<NOTE: Deadline.>> understanding.--The memorandum of
understanding required by section 861(a) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 253; 10 U.S.C. 2302 note) shall be modified to address the
requirements under the amendment made by subsection (a) not
later than 120 days after the date of the enactment of this Act.
(2) As condition of current and future contracts.--The
requirements under the amendment made by subsection (a) shall be
included in each contract in Iraq or Afghanistan (as defined in
section 864(a)(2) of Public Law 110-181; 2302 note) awarded on
or after the date that is 180 days after the date of the
enactment of this Act. Federal agencies shall make best efforts
to provide for the inclusion of such requirements in covered
contracts awarded before such date.
(c) Reporting Requirement.--Beginning not later than 270 days after
the date of the enactment of this Act, the Secretary of Defense shall
make publicly available a numerical accounting of alleged offenses
described in section 861(b)(6) of Public Law 110-181 that have been
reported under that section that occurred after the date of the
enactment of this Act. The information shall be updated no less
frequently than semi-annually.
(d) Definitions.--Section 864(a) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
253; 10 U.S.C. 2302 note) is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Contractor personnel.--The term `contractor personnel'
means any person performing work under contract for the
Department of Defense, the Department of State, or the United
States Agency for International Development, in Iraq or
Afghanistan, including individuals and subcontractors at any
tier.''.
SEC. 855. SUSPENSION OF STATUTES OF LIMITATIONS WHEN CONGRESS
AUTHORIZES THE USE OF MILITARY FORCE.
Section 3287 of title 18, United States Code, is amended--
(1) by inserting ``or Congress has enacted a specific
authorization for the use of the Armed Forces, as described in
section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)),''
after ``is at war'';
(2) by inserting ``or directly connected with or related to
the authorized use of the Armed Forces'' after ``prosecution of
the war'';
(3) by striking ``three years'' and inserting ``5 years'';
[[Page 122 STAT. 4546]]
(4) by striking ``proclaimed by the President'' and
inserting ``proclaimed by a Presidential proclamation, with
notice to Congress,''; and
(5) by adding at the end the following: ``For purposes of
applying such definitions in this section, the term `war'
includes a specific authorization for the use of the Armed
Forces, as described in section 5(b) of the War Powers
Resolution (50 U.S.C. 1544(b)).''.
Subtitle G-- <<NOTE: Clean Contracting Act of 2008.>> Governmentwide
Acquisition Improvements
SEC. 861. SHORT TITLE.
This subtitle may be cited as the ``Clean Contracting Act of 2008''.
SEC. 862. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE
CONTRACTS.
(a) Civilian Agency Contracts.--Section 303(d) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253(d)) is
amended by adding at the end the following new paragraph:
``(3)(A) The contract period of a contract described in subparagraph
(B) that is entered into by an executive agency pursuant to the
authority provided under subsection (c)(2)--
``(i) may not exceed the time necessary--
``(I) to meet the unusual and compelling
requirements of the work to be performed under the
contract; and
``(II) for the executive agency to enter into
another contract for the required goods or services
through the use of competitive procedures; and
``(ii) may not exceed one year unless the head of the
executive agency entering into such contract determines that
exceptional circumstances apply.
``(B) <<NOTE: Applicability.>> This paragraph applies to any
contract in an amount greater than the simplified acquisition
threshold.''.
(b) Defense Contracts.--Section 2304(d) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
``(3)(A) The contract period of a contract described in subparagraph
(B) that is entered into by an agency pursuant to the authority provided
under subsection (c)(2)--
``(i) may not exceed the time necessary--
``(I) to meet the unusual and compelling
requirements of the work to be performed under the
contract; and
``(II) for the agency to enter into another contract
for the required goods or services through the use of
competitive procedures; and
``(ii) may not exceed one year unless the head of the agency
entering into such contract determines that exceptional
circumstances apply.
``(B) <<NOTE: Applicability.>> This paragraph applies to any
contract in an amount greater than the simplified acquisition
threshold.''.
[[Page 122 STAT. 4547]]
SEC. 863. REQUIREMENTS FOR PURCHASE OF PROPERTY AND SERVICES
PURSUANT TO MULTIPLE AWARD CONTRACTS.
(a) Regulations Required.--Not <<NOTE: Deadline.>> later than one
year after the date of the enactment of this Act, the Federal
Acquisition Regulation shall be amended to require enhanced competition
in the purchase of property and services by all executive agencies
pursuant to multiple award contracts.
(b) Content of Regulations.--
(1) In general.--The regulations required by subsection (a)
shall provide, at a minimum, that each individual purchase of
property or services in excess of the simplified acquisition
threshold that is made under a multiple award contract shall be
made on a competitive basis unless a contracting officer--
(A) waives the requirement on the basis of a
determination that--
(i) one of the circumstances described in
paragraphs (1) through (4) of section 303J(b) of
the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253j(b)) or section
2304c(b) of title 10, United States Code, applies
to such individual purchase; or
(ii) a law expressly authorizes or requires
that the purchase be made from a specified source;
and
(B) justifies the determination in writing.
(2) Competitive basis procedures.--For purposes of this
subsection, an individual purchase of property or services is
made on a competitive basis only if it is made pursuant to
procedures that--
(A) except as provided in paragraph (3), require
fair notice of the intent to make that purchase
(including a description of the work to be performed and
the basis on which the selection will be made) to be
provided to all contractors offering such property or
services under the multiple award contract; and
(B) afford all contractors responding to the notice
a fair opportunity to make an offer and have that offer
fairly considered by the official making the purchase.
(3) Exception to notice requirement.--
(A) In general.--Notwithstanding paragraph (2), and
subject to subparagraph (B), notice may be provided to
fewer than all contractors offering such property or
services under a multiple award contract as described in
subsection (d)(2)(A) if notice is provided to as many
contractors as practicable.
(B) Limitation on exception.--A purchase may not be
made pursuant to a notice that is provided to fewer than
all contractors under subparagraph (A) unless--
(i) offers were received from at least 3
qualified contractors; or
(ii) a contracting officer of the executive
agency determines in writing that no additional
qualified contractors were able to be identified
despite reasonable efforts to do so.
(c) Public Notice Requirements Related to Sole Source Task or
Delivery Orders.--
[[Page 122 STAT. 4548]]
(1) Public notice required.--Not <<NOTE: Deadline.>> later
than one year after the date of the enactment of this Act, the
Federal Acquisition Regulation shall be amended to require the
head of each executive agency to--
(A) <<NOTE: Publication. Deadline.>> publish on
FedBizOpps notice of all sole source task or delivery
orders in excess of the simplified acquisition threshold
that are placed against multiple award contracts not
later than 14 days after such orders are placed, except
in the event of extraordinary circumstances or
classified orders; and
(B) disclose the determination required by
subsection (b)(1) related to sole source task or
delivery orders in excess of the simplified acquisition
threshold placed against multiple award contracts
through the same mechanism and to the same extent as the
disclosure of documents containing a justification and
approval required by section 2304(f)(1) of title 10,
United States Code, and section 303(f)(1) of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 253(f)(1)), except in the event of extraordinary
circumstances or classified orders.
(2) Exemption.--This subsection does not require the public
availability of information that is exempt from public
disclosure under section 552(b) of title 5, United States Code.
(d) Definitions.--In this section:
(1) The term ``executive agency'' has the meaning given such
term in section 4(1) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(1)).
(2) The term ``individual purchase'' means a task order,
delivery order, or other purchase.
(3) The term ``multiple award contract'' means--
(A) a contract that is entered into by the
Administrator of General Services under the multiple
award schedule program referred to in section 2302(2)(C)
of title 10, United States Code;
(B) a multiple award task order contract that is
entered into under the authority of sections 2304a
through 2304d of title 10, United States Code, or
sections 303H through 303K of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253h
through 253k); and
(C) any other indefinite delivery, indefinite
quantity contract that is entered into by the head of an
executive agency with 2 or more sources pursuant to the
same solicitation.
(4) The term ``sole source task or delivery order'' means
any order that does not follow the competitive procedures in
subsection (b)(2) or (b)(3).
(e) Applicability.--The regulations required by subsection (a) shall
apply to all individual purchases of property or services that are made
under multiple award contracts on or after the effective date of such
regulations, without regard to whether the multiple award contracts were
entered into before, on, or after such effective date.
(f) Repeal of Redundant Provision.--Section 803 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10
U.S.C. 2304 note) is repealed.
[[Page 122 STAT. 4549]]
SEC. 864. REGULATIONS ON THE USE OF COST-REIMBURSEMENT CONTRACTS.
(a) In General.--Not <<NOTE: Deadline.>> later than 270 days after
the date of the enactment of this Act, the Federal Acquisition
Regulation shall be revised to address the use of cost-reimbursement
contracts.
(b) Content.--The regulations promulgated under subsection (a) shall
include, at a minimum, guidance regarding--
(1) when and under what circumstances cost-reimbursement
contracts are appropriate;
(2) the acquisition plan findings necessary to support a
decision to use cost-reimbursement contracts; and
(3) the acquisition workforce resources necessary to award
and manage cost-reimbursement contracts.
(c) Inspector General Review.--Not <<NOTE: Deadline.>> later than
one year after the regulations required by subsection (a) are
promulgated, the Inspector General for each executive agency shall
review the use of cost-reimbursement contracts by such agency for
compliance with such regulations and shall include the results of the
review in the Inspector General's next semiannual report.
(d) Report.--Subject to subsection (f), the Director of the Office
of Management and Budget shall submit an annual report to Congressional
committees identified in subsection (e) on the use of cost-reimbursement
contracts and task or delivery orders by all executive agencies. The
report shall be submitted no later than March 1 and shall cover the
fiscal year ending September 30 of the prior year. The report shall
include--
(1) the total number and value of contracts awarded and
orders issued during the covered fiscal year;
(2) the total number and value of cost-reimbursement
contracts awarded and orders issued during the covered fiscal
year; and
(3) an assessment of the effectiveness of the regulations
promulgated pursuant to subsection (a) in ensuring the
appropriate use of cost-reimbursement contracts.
(e) Congressional Committees Defined.--The report required by
subsection (d) shall be submitted to the Committee on Oversight and
Government Reform of the House of Representatives; the Committee on
Homeland Security and Governmental Affairs of the Senate; the Committees
on Appropriations of the House of Representatives and the Senate; and,
in the case of the Department of Defense and the Department of Energy,
the Committees on Armed Services of the Senate and the House of
Representatives.
(f) Requirements Limited to Certain Agencies and Years.--
(1) Agencies.--The <<NOTE: Applicability.>> requirement in
subsection (c) shall apply only to those executive agencies that
awarded contracts or issued orders (under contracts previously
awarded) in a total amount of at least $1,000,000,000 in the
fiscal year proceeding the fiscal year in which the assessments
and reports are submitted.
(2) Years.--The <<NOTE: Submission dates.>> report required
by subsection (d) shall be submitted from March 1, 2009, until
March 1, 2014.
(g) Executive Agency Defined.--In this section, the term ``executive
agency'' has the meaning given such term in section 4(1) of the Office
of Federal Procurement Policy Act (41 U.S.C. 403(1)).
[[Page 122 STAT. 4550]]
SEC. 865. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.
(a) Office of Management and Budget Policy Guidance.--
(1) Report and guidelines.--Not later than one year after
the date of the enactment of this Act, the Director of the
Office of Management and Budget shall--
(A) submit to Congress a comprehensive report on
interagency acquisitions, including their frequency of
use, management controls, cost-effectiveness, and
savings generated; and
(B) issue guidelines to assist the heads of
executive agencies in improving the management of
interagency acquisitions.
(2) Matters covered by guidelines.--For purposes of
paragraph (1)(B), the Director shall include guidelines on the
following matters:
(A) Procedures for the use of interagency
acquisitions to maximize competition, deliver best value
to executive agencies, and minimize waste, fraud, and
abuse.
(B) Categories of contracting inappropriate for
interagency acquisition.
(C) Requirements for training acquisition workforce
personnel in the proper use of interagency acquisitions.
(b) Regulations Required.--
(1) In general.--Not <<NOTE: Deadline.>> later than one year
after the date of the enactment of this Act, the Federal
Acquisition Regulation shall be revised to require that all
interagency acquisitions--
(A) include a written agreement between the
requesting agency and the servicing agency assigning
responsibility for the administration and management of
the contract;
(B) include a determination that an interagency
acquisition is the best procurement alternative; and
(C) include sufficient documentation to ensure an
adequate audit.
(2) Multi-agency contracts.--Not <<NOTE: Deadline.>> later
than one year after the date of the enactment of this Act, the
Federal Acquisition Regulation shall be revised to require any
multi-agency contract entered into by an executive agency after
the effective date of such regulations to be supported by a
business case analysis detailing the administration of such
contract, including an analysis of all direct and indirect costs
to the Federal Government of awarding and administering such
contract and the impact such contract will have on the ability
of the Federal Government to leverage its purchasing power.
(c) Agency Reporting Requirement.--The senior procurement executive
for each executive agency shall, as directed by the Director of the
Office of Management and Budget, submit to the Director annual reports
on the actions taken by the executive agency pursuant to the guidelines
issued under subsection (a).
(d) Definitions.--In this section:
(1) The term ``executive agency'' has the meaning given such
term in section 4(1) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(1)), except that, in the case of a military
department, it means the Department of Defense.
(2) The term ``head of executive agency'' means the head of
an executive agency except that, in the case of a military
department, the term means the Secretary of Defense.
[[Page 122 STAT. 4551]]
(3) The term ``interagency acquisition'' means a procedure
by which an executive agency needing supplies or services (the
requesting agency) obtains them from another executive agency
(the servicing agency). The term includes acquisitions under
section 1535 of title 31, United States Code (commonly referred
to as the ``Economy Act''), Federal Supply Schedules above
$500,000, and Governmentwide acquisition contracts.
(4) The term ``multi-agency contract'' means a task or
delivery order contract established for use by more than one
executive agency to obtain supplies and services, consistent
with section 1535 of title 31, United States Code (commonly
referred to as the ``Economy Act'').
SEC. 866. LIMITATIONS ON TIERING OF SUBCONTRACTORS.
(a) Regulations.--Not <<NOTE: Deadline.>> later than one year after
the date of the enactment of this Act, the Federal Acquisition
Regulation shall be amended, for executive agencies other than the
Department of Defense, to minimize the excessive use by contractors of
subcontractors, or of tiers of subcontractors, that add no or negligible
value, and to ensure that neither a contractor nor a subcontractor
receives indirect costs or profit on work performed by a lower-tier
subcontractor to which the higher-tier contractor or subcontractor adds
no, or negligible, value (but not to limit charges for indirect costs
and profit based on the direct costs of managing lower-tier
subcontracts).
(b) Covered Contracts.--This section applies to any cost-
reimbursement type contract or task or delivery order in an amount
greater than the simplified acquisition threshold (as defined by section
4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)).
(c) Rule of Construction.--Nothing in this section shall be
construed as limiting the ability of the Department of Defense to
implement more restrictive limitations on the tiering of subcontractors.
(d) Applicability.--The Department of Defense shall continue to be
subject to guidance on limitations on tiering of subcontractors issued
by the Department pursuant to section 852 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2340).
(e) Executive Agency Defined.--In this section, the term ``executive
agency'' has the meaning given such term in section 4(1) of the Office
of Federal Procurement Policy Act (41 U.S.C. 403(1)).
SEC. 867. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION
OUTCOMES.
(a) Guidance for Executive Agencies on Linking of Award and
Incentive Fees to Acquisition Outcomes.--
Not <<NOTE: Deadline. Regulations.>> later than 1 year after the date of
the enactment of this Act, the Federal Acquisition Regulation shall be
amended to provide executive agencies other than the Department of
Defense with instructions, including definitions, on the appropriate use
of award and incentive fees in Federal acquisition programs.
(b) Elements.--The regulations under subsection (a) shall--
(1) ensure that all new contracts using award fees link such
fees to acquisition outcomes (which shall be defined in terms of
program cost, schedule, and performance);
[[Page 122 STAT. 4552]]
(2) establish standards for identifying the appropriate
level of officials authorized to approve the use of award and
incentive fees in new contracts;
(3) provide guidance on the circumstances in which
contractor performance may be judged to be ``excellent'' or
``superior'' and the percentage of the available award fee which
contractors should be paid for such performance;
(4) establish standards for determining the percentage of
the available award fee, if any, which contractors should be
paid for performance that is judged to be ``acceptable'',
``average'', ``expected'', ``good'', or ``satisfactory'';
(5) ensure that no award fee may be paid for contractor
performance that is judged to be below satisfactory performance
or performance that does not meet the basic requirements of the
contract;
(6) provide specific direction on the circumstances, if any,
in which it may be appropriate to roll over award fees that are
not earned in one award fee period to a subsequent award fee
period or periods;
(7) ensure consistent use of guidelines and definitions
relating to award and incentive fees across the Federal
Government;
(8) ensure that each executive agency--
(A) collects relevant data on award and incentive
fees paid to contractors; and
(B) has mechanisms in place to evaluate such data on
a regular basis;
(9) include performance measures to evaluate the
effectiveness of award and incentive fees as a tool for
improving contractor performance and achieving desired program
outcomes; and
(10) provide mechanisms for sharing proven incentive
strategies for the acquisition of different types of products
and services among contracting and program management officials.
(c) Guidance for Department of Defense.--The Department of Defense
shall continue to be subject to guidance on award and incentive fees
issued by the Secretary of Defense pursuant to section 814 of the John
Warner National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2321).
(d) Executive Agency Defined.--In this section, the term ``executive
agency'' has the meaning given such term in section 4(1) of the Office
of Federal Procurement Policy Act (41 U.S.C. 403(1)).
SEC. 868. MINIMIZING ABUSE OF COMMERCIAL SERVICES ITEM AUTHORITY.
(a) Regulations Required.--Not <<NOTE: Deadline.>> later than 180
days after the date of the enactment of this Act, the Federal
Acquisition Regulation shall be amended with respect to the procurement
of commercial services.
(b) Applicability of Commercial Procedures.--
(1) Services of a type sold in marketplace.--The regulations
modified pursuant to subsection (a) shall ensure that services
that are not offered and sold competitively in substantial
quantities in the commercial marketplace, but are of a type
offered and sold competitively in substantial quantities
[[Page 122 STAT. 4553]]
in the commercial marketplace, may be treated as commercial
items for purposes of section 254b of title 41, United States
Code (relating to truth in negotiations), only if the
contracting officer determines in writing that the offeror has
submitted sufficient information to evaluate, through price
analysis, the reasonableness of the price for such services.
(2) Information submitted.--To the extent necessary to make
a determination under paragraph (1), the contracting officer may
request the offeror to submit--
(A) prices paid for the same or similar commercial
items under comparable terms and conditions by both
government and commercial customers; and
(B) if the contracting officer determines that the
information described in subparagraph (A) is not
sufficient to determine the reasonableness of price,
other relevant information regarding the basis for price
or cost, including information on labor costs, material
costs, and overhead rates.
SEC. 869. ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.
(a) Purpose.--The purpose of this section is to authorize the
preparation and completion of a plan (to be known as the ``Acquisition
Workforce Development Strategic Plan'') for Federal agencies other than
the Department of Defense to develop a specific and actionable 5-year
plan to increase the size of the acquisition workforce, and to operate a
government-wide acquisition intern program, for such Federal agencies.
(b) Establishment of Plan.--The Associate Administrator for
Acquisition Workforce Programs designated under section 855(a) of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 251; 41 U.S.C. 433(a)) shall be responsible for the
management, oversight, and administration of the Acquisition Workforce
Development Strategic Plan in cooperation and consultation with the
Office of Federal Procurement Policy and the assistance of the Federal
Acquisition Institute.
(c) Criteria.--The Acquisition Workforce Development Strategic Plan
shall include, at a minimum, an examination of the following matters:
(1) The variety and complexity of acquisitions conducted by
each Federal agency covered by the plan, and the workforce
needed to effectively carry out such acquisitions.
(2) The development of a sustainable funding model to
support efforts to hire, retain, and train an acquisition
workforce of appropriate size and skill to effectively carry out
the acquisition programs of the Federal agencies covered by the
plan, including an examination of interagency funding methods
and a discussion of how the model of the Defense Acquisition
Workforce Development Fund could be applied to civilian
agencies.
(3) Any strategic human capital planning necessary to hire,
retain, and train an acquisition workforce of appropriate size
and skill at each Federal agency covered by the plan.
(4) Methodologies that Federal agencies covered by the plan
can use to project future acquisition workforce personnel hiring
requirements, including an appropriate distribution of such
personnel across each category of positions designated
[[Page 122 STAT. 4554]]
as acquisition workforce personnel under section 37(j) of the
Office of Federal Procurement Policy Act (41 U.S.C. 433(j)).
(5) Government-wide training standards and certification
requirements necessary to enhance the mobility and career
opportunities of the Federal acquisition workforce within the
Federal agencies covered by the plan.
(6) If the Associate Administrator recommends as part of the
plan a growth in the acquisition workforce of the Federal
agencies covered by the plan below 25 percent over the next 5
years, an examination of each of the matters specified in
paragraphs (1) through (5) in the context of a 5-year plan that
increases the size of such acquisition workforce by not less
than 25 percent, or an explanation why such a level of growth
would not be in the best interest of the Federal Government.
(d) Deadline for Completion.--The Acquisition Workforce Development
Strategic Plan shall be completed not later than one year after the date
of the enactment of this Act and in a fashion that allows for immediate
implementation of its recommendations and guidelines.
(e) Funds.--The Acquisition Workforce Development Strategic Plan
shall be funded from the Acquisition Workforce Training Fund under
section 37(h)(3) of the Office of Federal Procurement Policy Act (41
U.S.C. 433(h)(3)).
SEC. 870. CONTINGENCY CONTRACTING CORPS.
(a) Establishment.--The Office of Federal Procurement Policy Act (41
U.S.C. 403 et seq.) is amended by adding at the end the following new
section:
``SEC. 44. CONTINGENCY CONTRACTING CORPS.
``(a) Establishment.--The Administrator of General Services,
pursuant to policies established by the Office of Management and Budget,
and in consultation with the Secretary of Defense and the Secretary of
Homeland Security, shall establish a Governmentwide Contingency
Contracting Corps (in this section referred to as the `Corps'). The
members of the Corps shall be available for deployment in responding to
an emergency or major disaster, or a contingency operation, both within
or outside the continental United States.
``(b) Applicability.--The authorities provided in this section apply
with respect to any procurement of property or services by or for an
executive agency that, as determined by the head of such executive
agency, are to be used--
``(1) in support of a contingency operation as defined in
section 101(a)(13) of title 10, United States Code; or
``(2) to respond to an emergency or major disaster as
defined in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
``(c) Membership.--Membership in the Corps shall be voluntary and
open to all Federal employees and members of the Armed Forces who are
members of the Federal acquisition workforce.
``(d) Education and Training.--The Administrator may, in
consultation with the Director of the Federal Acquisition Institute and
the Chief Acquisition Officers Council, establish educational and
training requirements for members of the Corps. Education and training
carried out pursuant to such requirements shall be
[[Page 122 STAT. 4555]]
paid for from funds available in the acquisition workforce training fund
established pursuant to section 37(h)(3) of this Act.
``(e) Salary.--The salary for a member of the Corps shall be paid--
``(1) in the case of a member of the Armed Forces, out of
funds available to the Armed Force concerned; and
``(2) in the case of a Federal employee, out of funds
available to the employing agency.
``(f) Authority to Deploy the Corps.--(1) The Director of the Office
of Management and Budget shall have the authority, upon request by an
executive agency, to determine when members of the Corps shall be
deployed, with the concurrence of the head of the agency or agencies
employing the members to be deployed.
``(2) Nothing in this section shall preclude the Secretary of
Defense or the Secretary's designee from deploying members of the Armed
Forces or civilian personnel of the Department of Defense in support of
a contingency operation as defined in section 101(a)(13) of title 10,
United States Code.
``(g) Annual Report.--
``(1) In general.--The Administrator of General Services
shall provide to the Committee on Homeland Security and
Governmental Affairs and the Committee on Armed Services of the
Senate and the Committee on Oversight and Government Reform and
the Committee on Armed Services of the House of Representatives
an annual report on the status of the Contingency Contracting
Corps as of September 30 of each fiscal year.
``(2) Content.--At a minimum, each report under paragraph
(1) shall include the number of members of the Contingency
Contracting Corps, the total cost of operating the program, the
number of deployments of members of the program, and the
performance of members of the program in deployment.''.
(b) Clerical Amendment.--The table of contents for that Act
(contained in section 1(b) of that Act) is amended by adding at the end
the following new item:
``Sec. 44. Contingency Contracting Corps.''.
SEC. 871. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE TO CONTRACTOR
EMPLOYEES.
(a) Civilian Agencies.--Section 304C of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254d) is amended in
subsection (c)(1) by inserting before the period the following: ``and to
interview any current employee regarding such transactions''.
(b) Defense Agencies.--Section 2313 of title 10, United States Code,
is amended in subsection (c)(1) by inserting before the period the
following: ``and to interview any current employee regarding such
transactions''.
SEC. 872. DATABASE FOR FEDERAL AGENCY CONTRACT AND GRANT OFFICERS
AND SUSPENSION AND DEBARMENT OFFICIALS.
(a) In General.--Subject <<NOTE: Deadline.>> to the authority,
direction, and control of the Director of the Office of Management and
Budget, the Administrator of General Services shall establish, not later
than one year after the date of the enactment of this Act, and maintain
a database of information regarding the integrity and performance
[[Page 122 STAT. 4556]]
of certain persons awarded Federal agency contracts and grants for use
by Federal agency officials having authority over contracts and grants.
(b) Persons Covered.--The database shall cover the following:
(1) Any person awarded a Federal agency contract or grant in
excess of $500,000, if any information described in subsection
(c) exists with respect to such person.
(2) Any person awarded such other category or categories of
Federal agency contract as the Federal Acquisition Regulation
may provide, if such information exists with respect to such
person.
(c) Information Included.--With respect to a covered person the
database shall include information (in the form of a brief description)
for the most recent 5-year period regarding the following:
(1) Each civil or criminal proceeding, or any administrative
proceeding, in connection with the award or performance of a
contract or grant with the Federal Government with respect to
the person during the period to the extent that such proceeding
results in the following dispositions:
(A) In a criminal proceeding, a conviction.
(B) In a civil proceeding, a finding of fault and
liability that results in the payment of a monetary
fine, penalty, reimbursement, restitution, or damages of
$5,000 or more.
(C) In an administrative proceeding, a finding of
fault and liability that results in--
(i) the payment of a monetary fine or penalty
of $5,000 or more; or
(ii) the payment of a reimbursement,
restitution, or damages in excess of $100,000.
(D) To the maximum extent practicable and consistent
with applicable laws and regulations, in a criminal,
civil, or administrative proceeding, a disposition of
the matter by consent or compromise with an
acknowledgment of fault by the person if the proceeding
could have led to any of the outcomes specified in
subparagraph (A), (B), or (C).
(2) Each Federal contract and grant awarded to the person
that was terminated in such period due to default.
(3) Each Federal suspension and debarment of the person in
that period.
(4) Each Federal administrative agreement entered into by
the person and the Federal Government in that period to resolve
a suspension or debarment proceeding.
(5) Each final finding by a Federal official in that period
that the person has been determined not to be a responsible
source under subparagraph (C) or (D) of section 4(7) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(7)).
(6) Such other information as shall be provided for purposes
of this section in the Federal Acquisition Regulation.
(7) To the maximum extent practical, information similar to
the information covered by paragraphs (1) through (4) in
connection with the award or performance of a contract or grant
with a State government.
(d) Requirements Relating to Information in Database.--
(1) Direct input and update.--The Administrator shall design
and maintain the database in a manner that allows the
appropriate Federal agency officials to directly input and
[[Page 122 STAT. 4557]]
update information in the database relating to actions such
officials have taken with regard to contractors or grant
recipients.
(2) Timeliness and accuracy.--The Administrator shall
develop policies to require--
(A) the timely and accurate input of information
into the database;
(B) the timely notification of any covered person
when information relevant to the person is entered into
the database; and
(C) opportunities for any covered person to submit
comments pertaining to information about such person for
inclusion in the database.
(e) Use of Database.--
(1) Availability to government officials.--The Administrator
shall ensure that the information in the database is available
to appropriate acquisition officials of Federal agencies, to
such other government officials as the Administrator determines
appropriate, and, upon request, to the Chairman and Ranking
Member of the committees of Congress having jurisdiction.
(2) Review and assessment of data.--
(A) In general.--Before awarding a contract or grant
in excess of the simplified acquisition threshold under
section 4(11) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(11)), the Federal agency
official responsible for awarding the contract or grant
shall review the database and shall consider all
information in the database with regard to any offer or
proposal, and, in the case of a contract, shall consider
other past performance information available with
respect to the offeror in making any responsibility
determination or past performance evaluation for such
offeror.
(B) Documentation in contract file.--The contract
file for each contract of a Federal agency in excess of
the simplified acquisition threshold shall document the
manner in which the material in the database was
considered in any responsibility determination or past
performance evaluation.
(f) Disclosure in <<NOTE: Deadline.>> Applications.--Not later than
one year after the date of the enactment of this Act, the Federal
Acquisition Regulation shall be amended to require that persons with
Federal agency contracts and grants valued in total greater than
$10,000,000 shall--
(1) submit to the Administrator, in a manner determined
appropriate by the Administrator, the information subject to
inclusion in the database as listed in subsection (c) current as
of the date of submittal of such information under this
subsection; and
(2) update such information on a semiannual basis.
(g) Rulemaking.--The Administrator shall promulgate such regulations
as may be necessary to carry out this section.
SEC. 873. <<NOTE: 31 USC 6101 note.>> ROLE OF INTERAGENCY
COMMITTEE ON DEBARMENT AND SUSPENSION.
(a) Requirement.--The Interagency Committee on Debarment and
Suspension shall--
[[Page 122 STAT. 4558]]
(1) resolve issues regarding which of several Federal
agencies is the lead agency having responsibility to initiate
suspension or debarment proceedings;
(2) coordinate actions among interested agencies with
respect to such action;
(3) encourage and assist Federal agencies in entering into
cooperative efforts to pool resources and achieve operational
efficiencies in the Governmentwide suspension and debarment
system;
(4) <<NOTE: Recommen- dations.>> recommend to the Office of
Management and Budget changes to Government suspension and
debarment system and its rules, if such recommendations are
approved by a majority of the Interagency Committee;
(5) <<NOTE: Guidelines.>> authorize the Office of Management
and Budget to issue guidelines that implement those
recommendations;
(6) authorize the chair of the Committee to establish
subcommittees as appropriate to best enable the Interagency
Committee to carry out its functions; and
(7) <<NOTE: Deadline. Reports.>> submit to Congress an
annual report on--
(A) the progress and efforts to improve the
suspension and debarment system;
(B) member agencies' active participation in the
committee's work; and
(C) a summary of each agency's activities and
accomplishments in the Governmentwide debarment system.
(b) Definition.--The term ``Interagency Committee on Debarment and
Suspension'' means such committee constituted under sections 4 and 5 and
of Executive Order No. 12549.
SEC. 874. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA SYSTEM.
(a) Enhanced <<NOTE: 41 USC 405 note.>> Transparency on Interagency
Contracting and Other Transactions.--Not <<NOTE: Deadline.>> later than
one year after the date of the enactment of this Act, the Director of
the Office of Management and Budget shall direct appropriate revisions
to the Federal Procurement Data System or any successor system to
facilitate the collection of complete, timely, and reliable data on
interagency contracting actions and on transactions other than
contracts, grants, and cooperative agreements issued pursuant to section
2371 of title 10, United States Code, or similar authorities. The
Director shall ensure that data, consistent with what is collected for
contract actions, is obtained on--
(1) interagency contracting actions, including data at the
task or delivery-order level; and
(2) other transactions, including the initial award and any
subsequent modifications awarded or orders issued (other than
transactions that are reported through the Federal Assistance
Awards Data System).
(b) Amendment.--Subsection (d) of section 19 of the Office of
Federal Procurement Policy Act (41 U.S.C. 417(d)) is amended to read as
follows:
``(d) Transmission and Data Entry of Information.--The head of each
executive agency shall ensure the accuracy of the information included
in the record established and maintained by such agency under subsection
(a) and shall transmit in a timely manner such information to the
General Services Administration
[[Page 122 STAT. 4559]]
for entry into the Federal Procurement Data System referred to in
section 6(d)(4), or any successor system.''.
(c) Report to Congress.--
(1) Report required.--Not later than 180 days after the date
of the enactment of this Act, the Administrator of General
Services shall submit to Congress a report.
(2) Contents of report.--The report shall contain the
following:
(A) A list of all databases that include information
about Federal contracting and Federal grants.
(B) Recommendations for further legislation or
administrative action that the Administrator considers
appropriate to create a centralized, comprehensive
Federal contracting and Federal grant database.
Subtitle H--Other Matters
SEC. 881. EXPANSION OF AUTHORITY TO RETAIN FEES FROM LICENSING OF
INTELLECTUAL PROPERTY.
Section 2260 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``or the Secretary of
Homeland Security'' after ``Secretary of Defense''; and
(2) in subsection (f)--
(A) by striking ``(f) Definitions.--In this section,
the'' and inserting the following:
``(f) Definitions.--In this section:
``(1) The''; and
(B) by adding at the end the following new
paragraph:
``(2) The term `Secretary concerned' has the meaning
provided in section 101(a)(9) of this title and also includes--
``(A) the Secretary of Defense, with respect to
matters concerning the Defense Agencies and Department
of Defense Field Activities; and
``(B) the Secretary of Homeland Security, with
respect to matters concerning the Coast Guard when it is
not operating as a service in the Department of the
Navy.''.
SEC. 882. REPORT ON MARKET RESEARCH.
Not later than October 1, 2009, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the implementation of section 826 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. 2377 note) and the amendments made by that section. The
report shall address--
(1) actions taken by the Department of Defense to implement
the amendments made by section 826(a) of such Act to section
2377 of title 10, United States Code, with a particular focus
on--
(A) the guidance issued by the Department on the
performance of market research;
(B) the market research being performed pursuant to
such guidance; and
(C) the results of such guidance and market
research;
(2) training tools the Secretary of Defense has developed to
assist contracting officials in performing market research in
accordance with section 826(b) of such Act;
[[Page 122 STAT. 4560]]
(3) actions the Department of Defense intends to take to
further implement such section 826 and the amendments made by
that section, including dissemination of best practices and
corrective actions where necessary; and
(4) such other matters as the Secretary considers
appropriate.
SEC. 883. REPORT RELATING TO MUNITIONS.
Not later than March 1, 2009, the Secretary of Defense shall submit
to the congressional defense committees a report detailing how 60mm and
81mm munitions used by the Armed Forces are procured, including, where
relevant, an explanation of the decision to procure such munitions from
non-domestic sources and the justification for awarding contracts to
non-domestic sources.
SEC. 884. <<NOTE: 10 USC 2302 note.>> MOTOR CARRIER FUEL
SURCHARGES.
(a) Pass Through to Cost Bearer.--The Secretary of Defense shall
take appropriate actions to ensure that, to the maximum extent
practicable, in all carriage contracts in which a fuel-related
adjustment is provided for, any fuel-related adjustment is passed
through to the person who bears the cost of the fuel that the adjustment
relates to.
(b) Use of Contract Clause.--The actions taken by the Secretary
under subsection (a) shall include the insertion of a contract clause,
with appropriate flow-down requirements, into all contracts with motor
carriers, brokers, or freight forwarders providing or arranging truck
transportation or services in which a fuel-related adjustment is
provided for.
(c) Disclosure.--The Secretary shall publicly disclose any decision
by the Department of Defense to pay fuel-related adjustments under
contracts (or a category of contracts) covered by this section.
(d) Report.--Not later than 270 days after the date of the enactment
of this Act, the Secretary shall submit to the committees on Armed
Services of the Senate and the House of Representatives a report on the
actions taken in accordance with the requirements of subsection (a).
SEC. 885. PROCUREMENT BY STATE AND LOCAL GOVERNMENTS OF EQUIPMENT
FOR HOMELAND SECURITY AND EMERGENCY
RESPONSE ACTIVITIES THROUGH THE DEPARTMENT
OF DEFENSE.
(a) Expansion of Procurement Authority to Include Equipment for
Homeland Security and Emergency Response Activities.--
(1) Procedures.--Subsection (a)(1) of section 381 of title
10, United States Code, is amended--
(A) in subsection (a)(1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``law enforcement'';
and
(II) by inserting ``, homeland
security, and emergency response'' after
``counter-drug'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by inserting ``, homeland security,
or emergency response'' after ``counter-
drug''; and
(II) in clause (i), by striking
``law enforcement'';
(iii) in subparagraph (C), by striking ``law
enforcement'' each place it appears; and
[[Page 122 STAT. 4561]]
(iv) in subparagraph (D), by striking ``law
enforcement''.
(2) GSA catalog.--Subsection (c) of such section is
amended--
(A) by striking ``law enforcement''; and
(B) by inserting ``, homeland security, and
emergency response'' after ``counter-drug''.
(3) Definitions.--Subsection (d) of such section is
amended--
(A) in paragraph (2), by inserting ``or emergency
response'' after ``law enforcement'' both places it
appears; and
(B) in paragraph (3)--
(i) by striking ``law enforcement'';
(ii) by inserting ``, homeland security, and
emergency response'' after ``counter-drug''; and
(iii) by inserting ``and, in the case of
equipment for homeland security activities, may
not include any equipment that is not found on the
Authorized Equipment List published by the
Department of Homeland Security'' after
``purposes''.
(b) Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 381. Procurement of equipment by State and local
governments through the Department of Defense:
equipment for counter-drug, homeland security, and
emergency response activities''.
(2) Table of sections.--The table of sections at the
beginning of chapter 18 of such title is amended by striking the
item relating to section 381 and inserting the following new
item:
``381. Procurement of equipment by State and local governments through
the Department of Defense: equipment for counter-drug,
homeland security, and emergency response activities.''.
SEC. 886. REVIEW OF IMPACT OF COVERED SUBSIDIES ON ACQUISITION OF
KC-45 AIRCRAFT.
(a) Review of Covered Subsidies <<NOTE: Deadline.>> Required.--The
Secretary of Defense, not later than 10 days after a ruling by the World
Trade Organization that the United States, the European Union, or any
political entity within the United States or the European Union, has
provided a covered subsidy to a manufacturer of large commercial
aircraft, shall begin a review, as described in subsection (b), of the
impact of such covered subsidy on the source selection for the KC-45
Aerial Refueling Aircraft Program.
(b) Performance of the Review.--
In <<NOTE: Consultation.>> performing the review required by subsection
(a), the Secretary of Defense shall consult with experts within the
Department of Defense, the Office of Management and Budget, the Office
of the United States Trade Representative, and other agencies and
offices of the Federal Government, and with such other experts outside
the Government as the Secretary considers appropriate, on the potential
impact of a covered subsidy on the source selection process for the KC-
45 Aerial Refueling Aircraft Program.
[[Page 122 STAT. 4562]]
(c) Completion of <<NOTE: Deadline.>> Review.--The Secretary of
Defense shall complete the review required by subsection (a) not later
than 90 days after the World Trade Organization has completed ruling on
all cases involving the allegation of a covered subsidy provided to a
manufacturer of large commercial aircraft pending at the World Trade
Organization as of the date of the enactment of this Act.
(d) Report <<NOTE: Recommen- dations.>> on Review.--Not later than
30 days after the completion of the review required by subsection (a),
the Secretary of Defense shall provide a report to the congressional
defense committees on the findings of the review, together with any
recommendations the Secretary considers appropriate.
(e) Definitions.--In this section:
(1) The term ``covered subsidy'' means a subsidy found to
constitute a violation of the Agreement on Subsidies and
Countervailing Measures.
(2) The term ``Agreement on Subsidies and Countervailing
Measures'' means the agreement described in section 101(d)(12)
of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(12)).
(3) The term ``source selection'', with respect to a program
of the Department of Defense, means the selection, through the
use of competitive procedures or such other procurement
procedures as may be applicable, of a contractor to perform a
contract to carry out the program.
SEC. 887. REPORT ON THE IMPLEMENTATION OF EARNED VALUE MANAGEMENT
AT THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall prepare a report on
the implementation by the Department of Defense of earned value
management. The report shall include, at a minimum, the following:
(1) A discussion of the regulations and guidance of the
Department applicable to the use and implementation of earned
value management.
(2) A discussion of the relative value of earned value
management as a tool for program managers and senior Department
officials.
(3) A discussion of specific challenges the Department faces
in successfully using earned value management because of the
nature of the culture, history, systems, and activities of the
Department, particularly with regard to requirements and funding
instability.
(4) A discussion of the methodology of the Department for
earned value management implementation, including data quality
issues, training, and information technology systems used to
integrate and transmit earned value management data.
(5) An evaluation of the accuracy of the earned value
management data provided by vendors to the Federal Government
concerning acquisition categories I and II programs, with a
discussion of the impact of this data on the ability of the
Department to achieve program objectives.
(6) A description of the criteria used by the Department to
evaluate the success of earned value management in delivering
program objectives, with illustrative data and examples covering
not less than three years.
[[Page 122 STAT. 4563]]
(7) Recommendations for improving earned value management
and its implementation within the Department, including a
discussion of the merits of possible alternatives.
(b) Submission of Report.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall submit the
report required by subsection (a) to the Committees on Armed Services of
the Senate and of the House of Representatives.
(c) Definition.--In this section, the term ``earned value
management'' has the meaning given that term in section 300 of part 7 of
Office of Management and Budget Circular A-11 as published in June 2008.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Plan required for personnel management of special operations
forces.
Sec. 902. Director of Operational Energy Plans and Programs.
Sec. 903. Corrosion control and prevention executives for the military
departments.
Sec. 904. Participation of Deputy Chief Management Officer of the
Department of Defense on Defense Business System Management
Committee.
Sec. 905. Modification of status of Assistant to the Secretary of
Defense for Nuclear and Chemical and Biological Defense
Programs.
Sec. 906. Requirement for the Secretary of Defense to prepare a
strategic plan to enhance the role of the National Guard and
Reserves.
Sec. 907. General Counsel to the Inspector General of the Department of
Defense.
Sec. 908. Business transformation initiatives for the military
departments.
Subtitle B--Space Activities
Sec. 911. Extension of authority for pilot program for provision of
space surveillance network services to entities outside
United States Government.
Sec. 912. Investment and acquisition strategy for commercial satellite
capabilities.
Sec. 913. Space posture review.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Responsibilities for Chemical Demilitarization Citizens'
Advisory Commissions in Colorado and Kentucky.
Sec. 922. Cost-benefit analysis of future treatment of hydrolysate at
Pueblo Chemical Depot, Colorado.
Subtitle D--Intelligence-Related Matters
Sec. 931. Technical changes following the redesignation of National
Imagery and Mapping Agency as National Geospatial-
Intelligence Agency.
Sec. 932. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 933. Technical amendments relating to the Associate Director of the
CIA for Military Affairs.
Subtitle E--Other Matters
Sec. 941. Enhancement of authorities relating to Department of Defense
regional centers for security studies.
Sec. 942. Restriction on obligation of funds for United States Southern
Command development assistance activities.
Sec. 943. Authorization of non-conventional assisted recovery
capabilities.
Sec. 944. Report on homeland defense and civil support issues.
Sec. 945. Report on National Guard resource requirements.
[[Page 122 STAT. 4564]]
Subtitle A--Department of Defense Management
SEC. 901. PLAN REQUIRED FOR PERSONNEL MANAGEMENT OF SPECIAL
OPERATIONS FORCES.
(a) Requirement for Plan.--The commander of the special operations
command, in consultation with the secretaries of the military
departments, shall prepare and submit to the Secretary of Defense a plan
relating to personnel management of special operations forces.
(b) Matters Covered.--The plan under subsection (a) shall address
the following:
(1) Coordination among the military departments in order to
enhance the manpower management and improve overall readiness of
special operations forces.
(2) Coordination by the commander of the special operations
command with the Secretaries of the military departments in
order to better execute his responsibility to maintain readiness
of special operations forces, including in the areas of
accessions, assignments, compensation, promotions, professional
development, retention, sustainment, and training.
(c) Submission of Plan to Congressional Defense Committees.--
Not <<NOTE: Deadline.>> later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit the plan
required under subsection (a) to the congressional defense committees,
together with such additional comments as the Secretary and the Chairman
of the Joint Chiefs of Staff consider appropriate.
SEC. 902. DIRECTOR OF OPERATIONAL ENERGY PLANS AND PROGRAMS.
(a) Establishment of Position; Duties.--Chapter 4 of title 10,
United States Code, is amended by inserting after section 139a the
following new section:
``Sec. 139b. Director of Operational Energy Plans and Programs
``(a) Appointment.--There <<NOTE: President.>> is a Director of
Operational Energy Plans and Programs in the Department of Defense (in
this section referred to as the `Director'), appointed by the President,
by and with the advice and consent of the Senate. The Director shall be
appointed without regard to political affiliation and solely on the
basis of fitness to perform the duties of the office of Director.
``(b) Duties.--The Director shall--
``(1) provide leadership and facilitate communication
regarding, and conduct oversight to manage and be accountable
for, operational energy plans and programs within the Department
of Defense and the Army, Navy, Air Force, and Marine Corps;
``(2) establish the operational energy strategy;
``(3) coordinate and oversee planning and program activities
of the Department of Defense and the Army, Navy, Air Force, and
the Marine Corps related to--
``(A) implementation of the operational energy
strategy;
``(B) the consideration of operational energy
demands in defense planning, requirements, and
acquisition processes; and
[[Page 122 STAT. 4565]]
``(C) research and development investments related
to operational energy demand and supply technologies;
and
``(4) monitor and review all operational energy initiatives
in the Department of Defense.
``(c) Principal Advisor for Operational Energy Plans and Programs.--
(1) The Director is the principal adviser to the Secretary of Defense
and the Deputy Secretary of Defense regarding operational energy plans
and programs and the principal policy official within the senior
management of the Department of Defense regarding operational energy
plans and programs.
``(2) The Director may communicate views on matters related to
operational energy plans and programs and the operational energy
strategy required by subsection (d) directly to the Secretary of Defense
and the Deputy Secretary of Defense without obtaining the approval or
concurrence of any other official within the Department of Defense.
``(d) Operational Energy Strategy.--(1) The Director shall be
responsible for the establishment and maintenance of a department-wide
transformational strategy for operational energy. The strategy shall
establish near-term, mid-term, and long-term goals, performance metrics
to measure progress in meeting the goals, and a plan for implementation
of the strategy within the military departments, the Office of the
Secretary of Defense, and Defense Agencies.
``(2) Not <<NOTE: Deadline. Designation.>> later than 90 days after
the date on which the Director is first appointed, the Secretary of each
of the military departments shall designate a senior official within
each armed force under the jurisdiction of the Secretary who will be
responsible for operational energy plans and programs for that armed
force. The officials shall be responsible for coordinating with the
Director and implementing initiatives pursuant to the strategy with
regard to that official's armed force.
``(3) <<NOTE: Procedures.>> By authority of the Secretary of
Defense, the Director shall prescribe policies and procedures for the
implementation of the strategy. The <<NOTE: Consultation.>> Director
shall provide guidance to, and consult with, the Secretary of Defense,
the Deputy Secretary of Defense, the Secretaries of the military
departments, and the officials designated under paragraph (2) with
respect to specific operational energy plans and programs to be carried
out pursuant to the strategy.
``(4) <<NOTE: Deadline.>> The initial strategy shall be submitted to
the congressional defense committees not later than 180 days after the
date on which the Director is first appointed. Subsequent updates to the
strategy shall be submitted to the congressional defense committees as
soon as practicable after the modifications to the strategy are made.
``(e) Budgetary and Financial <<NOTE: Recommen-
dations.>> Matters.--(1) The Director shall review and make
recommendations to the Secretary of Defense regarding all budgetary and
financial matters relating to the operational energy strategy.
``(2) The Secretary of Defense shall require that the Secretary of
each military department and the head of each Defense Agency with
responsibility for executing activities associated with the strategy
transmit their proposed budget for those activities for a fiscal year to
the Director for review before submission of the proposed budget to the
Under Secretary of Defense (Comptroller).
[[Page 122 STAT. 4566]]
``(3) The <<NOTE: Deadline. Reports. Certification.>> Director shall
review a proposed budget transmitted under paragraph (2) for a fiscal
year and, not later than January 31 of the preceding fiscal year, shall
submit to the Secretary of Defense a report containing the comments of
the Director with respect to the proposed budget, together with the
certification of the Director regarding whether the proposed budget is
adequate for implementation of the strategy.
``(4) <<NOTE: Deadline. Reports.>> Not later than 10 days after the
date on which the budget for a fiscal year is submitted to Congress
pursuant to section 1105 of title 31, the Secretary of Defense shall
submit to Congress a report on the proposed budgets for that fiscal year
that the Director has not certified under paragraph (3). The report
shall include the following:
``(A) A discussion of the actions that the Secretary
proposes to take, together with any recommended legislation that
the Secretary considers appropriate, to address the inadequacy
of the proposed budgets.
``(B) Any additional comments that the Secretary considers
appropriate regarding the inadequacy of the proposed budgets.
``(5) The report required by paragraph (4) shall also include a
separate statement of estimated expenditures and requested
appropriations for that fiscal year for the activities of the Director
in carrying out the duties of the Director.
``(f) Access to Initiative Results and Records.--(1) The Secretary
of a military department shall submit to the Director the results of all
studies and initiatives conducted by the military department in
connection with the operational energy strategy.
``(2) The Director shall have access to all records and data in the
Department of Defense (including the records and data of each military
department) necessary in order to permit the Director to carry out the
duties of the Director.
``(g) Staff.--The Director shall have a dedicated professional staff
of military and civilian personnel in a number sufficient to enable the
Director to carry out the duties and responsibilities of the Director.
``(h) Definitions.--In this section:
``(1) Operational energy.--The term `operational energy'
means the energy required for training, moving, and sustaining
military forces and weapons platforms for military operations.
The term includes energy used by tactical power systems and
generators and weapons platforms.
``(2) Operational energy strategy.--The terms `operational
energy strategy' and `strategy' mean the operational energy
strategy developed under subsection (d).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
139a the following new item:
``139b. Director of Operational Energy Plans and Programs.''.
SEC. 903. <<NOTE: 10 USC 2228 note.>> CORROSION CONTROL AND
PREVENTION EXECUTIVES FOR THE MILITARY
DEPARTMENTS.
(a) Requirement to Designate Corrosion Control and Prevention
Executive.--Not <<NOTE: Deadline.>> later than 90 days after the date of
the enactment of this Act, the Assistant Secretary of each military
department with responsibility for acquisition, technology, and
logistics shall designate an employee of the military department as the
corrosion control and prevention executive. Such executive shall
[[Page 122 STAT. 4567]]
be the senior official in the department with responsibility for
coordinating department-level corrosion control and prevention program
activities (including budget programming) with the military department
and the Office of the Secretary of Defense, the program executive
officers of the military departments, and relevant major subordinate
commands of the military departments.
(b) Duties.--(1) The corrosion control and prevention executive of a
military department shall ensure that corrosion control and prevention
is maintained in the department's policy and guidance for management of
each of the following:
(A) System acquisition and production, including design and
maintenance.
(B) Research, development, test, and evaluation programs and
activities.
(C) Equipment standardization programs, including
international standardization agreements.
(D) Logistics research and development initiatives.
(E) Logistics support analysis as it relates to integrated
logistic support in the materiel acquisition process.
(F) Military infrastructure design, construction, and
maintenance.
(2) The corrosion control and prevention executive of a military
department shall be responsible for identifying the funding levels
necessary to accomplish the items listed in subparagraphs (A) through
(F) of paragraph (1).
(3) The corrosion control and prevention executive of a military
department shall, in cooperation with the appropriate staff of the
department, develop, support, and provide the rationale for resources--
(A) to initiate and sustain an effective corrosion control
and prevention program in the department;
(B) to evaluate the program's effectiveness; and
(C) to ensure that corrosion control and prevention
requirements for materiel are reflected in budgeting and
policies of the department for the formulation, management, and
evaluation of personnel and programs for the entire department,
including its reserve components.
(4) The corrosion control and prevention executive of a military
department shall be the principal point of contact of the department to
the Director of Corrosion Policy and Oversight (as assigned under
section 2228 of title 10, United States Code).
(5) <<NOTE: Deadlines. Reports.>> The corrosion control and
prevention executive of a military department shall submit an annual
report, not later than December 31 of each year, to the Secretary of
Defense containing recommendations pertaining to the corrosion control
and prevention program of the military department, including corrosion-
related funding levels to carry out all of the duties of the executive
under this section.
SEC. 904. PARTICIPATION OF DEPUTY CHIEF MANAGEMENT OFFICER OF THE
DEPARTMENT OF DEFENSE ON DEFENSE BUSINESS
SYSTEM MANAGEMENT COMMITTEE.
(a) Participation.--Subsection (a) of section 186 of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively;
[[Page 122 STAT. 4568]]
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Deputy Chief Management Officer of the Department
of Defense.''; and
(3) by striking paragraph (7), as redesignated by paragraph
(1), and inserting the following new paragraph:
``(7) The Chief Management Officers of the military
departments and the heads of such Defense Agencies as may be
designated by the Secretary of Defense.''.
(b) Service as Vice Chairman.--The second sentence of subsection (b)
of such section is amended to read as follows: ``The Deputy Chief
Management Officer of the Department of Defense shall serve as the vice
chairman of the Committee, and shall act as chairman in the absence of
the Deputy Secretary of Defense.''.
SEC. 905. MODIFICATION OF STATUS OF ASSISTANT TO THE SECRETARY OF
DEFENSE FOR NUCLEAR AND CHEMICAL AND
BIOLOGICAL DEFENSE PROGRAMS.
Section 142 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(c) The Assistant to the Secretary shall be considered an
Assistant Secretary of Defense for purposes of section 138(d) of this
title.''.
SEC. 906. REQUIREMENT FOR THE SECRETARY OF DEFENSE TO PREPARE A
STRATEGIC PLAN TO ENHANCE THE ROLE OF THE
NATIONAL GUARD AND RESERVES.
(a) Plan.--Not <<NOTE: Deadline.>> later than April 1, 2009, the
Secretary of Defense shall prepare a plan for enhancing the roles of the
National Guard and Reserve--
(1) when federalized in the case of the National Guard, or
activated in the case of the Reserves, in support of operations
conducted under title 10, United States Code, including the
transition of the reserve component of the Armed Forces from a
strategic force to an operational reserve;
(2) in support of operations conducted under title 32,
United States Code, or in support to civil authorities; and
(3) with respect to the achievement of a fully-integrated
total force (including further development of a continuum of
service).
(b) Consultation.--In preparing the plan under subsection (a), the
Secretary of Defense shall take into consideration the advice of the
Chairman of the Joint Chiefs of Staff, the Secretary and Chief of Staff
of the Army, the Secretary and Chief of Staff of the Air Force, the
commander of the United States Northern Command, the Chief of the
National Guard Bureau, and other appropriate officials, as determined by
the Secretary of Defense.
(c) Matters to Be Assessed.--In preparing the plan, the Secretary
shall assess--
(1) the findings, conclusions, and recommendations of the
Final Report to Congress and the Secretary of Defense of the
Commission on the National Guard and Reserves, dated January 31,
2008, and titled ``Transforming the National Guard and Reserves
into a 21st-Century Operational Force''; and
(2) the provisions of H.R. 5603 and S. 2706 of the 110th
Congress, as introduced on March 13, 2008 (the National Guard
Empowerment and State-National Defense Integration Act of 2008).
[[Page 122 STAT. 4569]]
(d) Report.--Not later than April 1, 2009, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the plan required under this
section. The report shall include recommendations on--
(1) any changes to the current Department of Defense
organization, structure, command relationships, budget
authority, procurement authority, and compensation and benefits;
(2) any legislation that the Secretary considers necessary;
and
(3) any other matter the Secretary considers appropriate.
SEC. 907. <<NOTE: Establishment.>> GENERAL COUNSEL TO THE
INSPECTOR GENERAL OF THE DEPARTMENT OF
DEFENSE.
Section 8 of the Inspector General <<NOTE: 5 USC app. 8.>> Act of
1978 (50 U.S.C. App. 8) is amended by adding at the end the following
new subsection:
``(h)(1) There is a General Counsel to the Inspector General of the
Department of Defense, who shall be appointed by the Inspector General
of the Department of Defense.
``(2)(A) Notwithstanding section 140(b) of title 10, United States
Code, the General Counsel is the chief legal officer of the Office of
the Inspector General.
``(B) The Inspector General is the exclusive legal client of the
General Counsel.
``(C) The General Counsel shall perform such functions as the
Inspector General may prescribe.
``(D) The General Counsel shall serve at the discretion of the
Inspector General.
``(3) There is an Office of the General Counsel to the Inspector
General of the Department of Defense. The Inspector General may appoint
to the Office to serve as staff of the General Counsel such legal
counsel as the Inspector General considers appropriate.''.
SEC. 908. <<NOTE: 10 USC 2222 note.>> BUSINESS TRANSFORMATION
INITIATIVES FOR THE MILITARY DEPARTMENTS.
(a) In General.--The Secretary of each military department shall,
acting through the Chief Management Officer of such military department,
carry out an initiative for the business transformation of such military
department.
(b) Objectives.--The objectives of the business transformation
initiative of a military department under this section shall include, at
a minimum, the following:
(1) The development of a comprehensive business
transformation plan, with measurable performance goals and
objectives, to achieve an integrated management system for the
business operations of the military department.
(2) The development of a well-defined enterprise-wide
business systems architecture and transition plan encompassing
end-to-end business processes and capable of providing
accurately and timely information in support of business
decisions of the military department.
(3) The implementation of the business transformation plan
developed pursuant to paragraph (1) and the business systems
architecture and transition plan developed pursuant to paragraph
(2).
(c) Business Transformation Offices.--
[[Page 122 STAT. 4570]]
(1) Establishment.--Not <<NOTE: Deadline.>> later than 180
days after the date of the enactment of this Act, the Secretary
of each military department shall establish within such military
department an office (to be known as the ``Office of Business
Transformation'' of such military department) to assist the
Chief Management Officer of such military department in carrying
out the initiative required by this section for such military
department.
(2) Head.--The Office of Business Transformation of a
military department under this subsection shall be headed by a
Director of Business Transformation, who shall be appointed by
the Chief Management Officer of the military department, in
consultation with the Director of the Business Transformation
Agency of the Department of Defense, from among individuals with
significant experience managing large-scale organizations or
business transformation efforts.
(3) Supervision.--The Director of Business Transformation of
a military department under paragraph (2) shall report directly
to the Chief Management Officer of the military department,
subject to policy guidance from the Director of the Business
Transformation Agency of the Department of Defense.
(4) Authority.--In carrying out the initiative required by
this section for a military department, the Director of Business
Transformation of the military department under paragraph (2)
shall have the authority to require elements of the military
department to carry out actions that are within the purpose and
scope of the initiative.
(d) Responsibilities of Business Transformation Offices.--The Office
of Business Transformation of a military department established pursuant
to subsection (b) may be responsible for the following:
(1) Transforming the budget, finance, accounting, and human
resource operations of the military department in a manner that
is consistent with the business transformation plan developed
pursuant to subsection (b)(1).
(2) Eliminating or replacing financial management systems of
the military department that are inconsistent with the business
systems architecture and transition plan developed pursuant to
subsection (b)(2).
(3) Ensuring that the business transformation plan and the
business systems architecture and transition plan are
implemented in a manner that is aggressive, realistic, and
accurately measured.
(4) Such other responsibilities as the Secretary of that
military department determines are appropriate.
(e) Required Elements.--In carrying out the initiative required by
this section for a military department, the Chief Management Officer and
the Director of Business Transformation of the military department shall
ensure that each element of the initiative is consistent with--
(1) the requirements of the Business Enterprise Architecture
and Transition Plan developed by the Secretary of Defense
pursuant to section 2222 of title 10, United States Code;
(2) the Standard Financial Information Structure of the
Department of Defense;
(3) the Federal Financial Management Improvement Act of 1996
(and the amendments made by that Act); and
[[Page 122 STAT. 4571]]
(4) other applicable requirements of law and regulation.
(f) Reports on Implementation.--
(1) Initial reports.--Not later than nine months after the
date of the enactment of this Act, the Chief Management Officer
of each military department shall submit to the congressional
defense committees a report on the actions taken, and on the
actions planned to be taken, by such military department to
implement the requirements of this section.
(2) Updates.--Not later than March 1 of each of 2010, 2011,
and 2012, the Chief Management Officer of each military
department shall submit to the congressional defense committees
a current update of the report submitted by such Chief
Management Officer under paragraph (1).
Subtitle B--Space Activities
SEC. 911. EXTENSION OF AUTHORITY FOR PILOT PROGRAM FOR PROVISION
OF SPACE SURVEILLANCE NETWORK SERVICES TO
ENTITIES OUTSIDE UNITED STATES GOVERNMENT.
Section 2274(i) of title 10, United States Code, is amended by
striking ``September 30, 2009'' and inserting ``September 30, 2010''.
SEC. 912. INVESTMENT AND ACQUISITION STRATEGY FOR COMMERCIAL
SATELLITE CAPABILITIES.
(a) Requirement.--The Secretary of Defense shall conduct an
assessment to determine a recommended investment and acquisition
strategy for commercial satellite capabilities.
(b) Elements.--The assessment required under subsection (a) shall
include the following:
(1) Review of national and defense policy relevant to the
requirements for, acquisition of, and use of commercial
satellite capabilities, and the relationship with commercial
satellite providers.
(2) Assessment of the manner in which commercial satellite
capabilities are used by the Department of Defense and options
for expanding such use or identifying new means to leverage
commercial satellite capabilities, such as hosting payloads.
(3) Review of military requirements for satellite
communications and remote sensing by quantity, quality,
timeline, and any other metric considered appropriate.
(4) Description of current and planned commercial satellite
capabilities and an assessment of their ability to meet the
requirements identified in paragraph (3).
(5) Assessment of the ability of commercial satellite
capabilities to meet other military requirements not identified
in paragraph (3).
(6) Description of the use of and resources allocated to
commercial satellite communications and remote sensing needed to
meet the requirements identified in paragraph (3) during--
(A) the five-year period preceding the date of the
assessment;
(B) the period from the date of the assessment
through the fiscal years covered under the future-years
defense
[[Page 122 STAT. 4572]]
program under section 221 of title 10, United States
Code; and
(C) the period beyond the fiscal years covered under
the future-years defense program under such section 221.
(7) Assessment of purchasing patterns that may lead to
recommendations in which the Department may consolidate
requirements, centralize operations, aggregate purchases, or
leverage purchasing power (including the use of multiyear
contracting).
(8) Assessment of various models for acquiring commercial
satellite capabilities, including funding, management, and
operations models.
(c) Report.--
(1) In general.--Not later than February 1, 2010, the
Secretary of Defense shall submit to the congressional defense
committees a report setting forth the results of the assessment
required under subsection (a) and provide recommendations,
including--
(A) the recommended investment and acquisition
strategy of the Department for commercial satellite
capabilities;
(B) how the investment and acquisition strategy
should be addressed in fiscal years after fiscal year
2010; and
(C) a proposal for such legislative action as the
Secretary considers necessary to acquire appropriate
types and amounts of commercial satellite capabilities.
(2) Form.--The report shall be in unclassified form, but may
include a classified annex.
(d) Definitions.--In this section:
(1) The term ``commercial satellite capabilities'' means the
system, capability, or service provided by a commercial
satellite provider.
(2) The term ``commercial satellite provider'' refers to
privately owned and operated space systems, their technology,
components, products, data, services, and related information,
as well as foreign systems whose products and services are sold
commercially.
SEC. 913. SPACE POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to clarify the
national security space policy and strategy of the United States for the
near term, the Secretary of Defense and the Director of National
Intelligence shall jointly conduct a comprehensive review of the space
posture of the United States over the posture review period.
(b) Elements of Review.--The review conducted under subsection (a)
shall include, for the posture review period, the following:
(1) The definition, policy, requirements, and objectives for
each of the following:
(A) Space situational awareness.
(B) Space control.
(C) Space superiority, including defensive and
offensive counterspace and protection.
(D) Force enhancement and force application.
(E) Space-based intelligence and surveillance and
reconnaissance from space.
[[Page 122 STAT. 4573]]
(F) Integration of space and ground control and user
equipment.
(G) Any other matter the Secretary considers
relevant to understanding the space posture of the
United States.
(2) A description of current and planned space acquisition
programs that are in acquisition categories 1 and 2, including
how each program will address the policy, requirements, and
objectives described under each of subparagraphs (A) through (G)
of paragraph (1).
(3) A description of future space systems and technology
development (other than such systems and technology in
development as of the date of the enactment of this Act)
necessary to address the policy, requirements, and objectives
described under each of subparagraphs (A) through (G) of
paragraph (1).
(4) An assessment of the relationship among the following:
(A) Military space policy.
(B) National security space policy.
(C) National security space objectives.
(D) Arms control policy.
(E) Export control policy.
(F) Industrial base policy.
(5) An assessment of the effect of the military and national
security space policy of the United States on the proliferation
of weapons capable of targeting objects in space or objects on
Earth from space.
(c) Report.--
(1) In general.--Not later than December 1, 2009, the
Secretary of Defense and the Director of National Intelligence
shall jointly submit to the congressional committees specified
in paragraph (3) a report on the review conducted under
subsection (a).
(2) Form of report.--The report under this subsection shall
be submitted in unclassified form, but may include a classified
annex.
(3) Committees.--The congressional committees specified in
this paragraph are--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(d) Posture Review Period Defined.--In this section, the term
``posture review period'' means the 10-year period beginning on February
1, 2009.
Subtitle C--Chemical Demilitarization Program
SEC. 921. RESPONSIBILITIES FOR CHEMICAL DEMILITARIZATION CITIZENS'
ADVISORY COMMISSIONS IN COLORADO AND
KENTUCKY.
Section 172 of the National Defense Authorization Act for Fiscal
Year 1993 (50 U.S.C. 1521 note) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
[[Page 122 STAT. 4574]]
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Colorado and Kentucky Chemical Demilitarization Citizens'
Advisory <<NOTE: Transfer authority.>> Commissions.--(1) Notwithstanding
subsections (b), (g), and (h), and consistent with section 142 of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(50 U.S.C. 1521 note) and section 8122 of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1566; 50 U.S.C.
1521 note), the Secretary of the Army shall transfer responsibilities
for the Chemical Demilitarization Citizens' Advisory Commissions in
Colorado and Kentucky to the Program Manager for Assembled Chemical
Weapons Alternatives.
``(2) In carrying out the responsibilities transferred under
paragraph (1), the Program Manager for Assembled Chemical Weapons
Alternatives shall take appropriate actions to ensure that each
Commission referred to in paragraph (1) retains the capacity to receive
citizen and State concerns regarding the ongoing chemical
demilitarization program in the State concerned.
``(3) A representative of the Office of the Assistant to the
Secretary of Defense for Nuclear, Chemical, and Biological Defense
Programs shall meet with each Commission referred to in paragraph (1)
not less often than twice a year.
``(4) Funds appropriated for the Assembled Chemical Weapons
Alternatives Program shall be available for travel and associated travel
costs for Commissioners on the Commissions referred to in paragraph (1)
when such travel is conducted at the invitation of the Special Assistant
for Chemical and Biological Defense and Chemical Demilitarization
Programs of the Department of Defense.''.
SEC. 922. COST-BENEFIT ANALYSIS OF FUTURE TREATMENT OF HYDROLYSATE
AT PUEBLO CHEMICAL DEPOT, COLORADO.
(a) Findings.--Congress makes the following findings:
(1) The Pueblo Chemical Agent Destruction Pilot Plant,
Colorado, is not planned to begin chemical agent destruction
operations until 2015.
(2) There will be no hydrolysate byproduct of chemical agent
neutralization at the Pueblo Chemical Depot, Colorado, until
after chemical agent destruction operations begin.
(3) The Department of Defense has no plans to produce,
treat, store, or transport hydrolysate at the Pueblo Chemical
Depot, Colorado, during fiscal year 2009.
(4) A January 10, 2007, Department of Defense Acquisition
Decision Memorandum requires the Program Manager for the
Assembled Chemical Weapons Alternatives to continue to pursue
off-site treatment and disposal of hydrolysate as long as doing
so would be safe, efficient, and economically beneficial.
(b) Cost-Benefit Analysis.--The Secretary of Defense shall perform a
cost-benefit analysis of future on-site and off-site options for
treatment and disposal of hydrolysate expected to be produced at the
Pueblo Chemical Depot, Colorado.
(c) Report.--Together with the budget justification materials
submitted to Congress in support of the Department of Defense budget for
fiscal year 2010 (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code), the Secretary of
Defense shall submit to the congressional defense
[[Page 122 STAT. 4575]]
committees a report containing the results of the cost-benefit analysis
required by subsection (b).
(d) Notice and Wait.--After the submission of the report required by
subsection (c), if the Secretary of Defense decides to transport
hydrolysate from Pueblo Chemical Depot, Colorado, to an off-site
location during fiscal year 2009, the Department shall not commence such
transport until 60 days after the Secretary provides written notice to
the congressional defense committees of the Department's intent to
conduct such transport.
Subtitle D--Intelligence-Related Matters
SEC. 931. TECHNICAL CHANGES FOLLOWING THE REDESIGNATION OF
NATIONAL IMAGERY AND MAPPING AGENCY AS
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Technical Changes to United States Code.--
(1) Title 5.--Title 5, <<NOTE: 5 USC 2302 et seq.>> United
States Code, is amended by striking ``National Imagery and
Mapping Agency'' each place it appears and inserting ``National
Geospatial-Intelligence Agency''.
(2) Title 44.--Title 44, <<NOTE: 44 USC 1336.>> United
States Code, is amended by striking ``National Imagery and
Mapping Agency'' each place it appears and inserting ``National
Geospatial-Intelligence Agency''.
(b) Technical Changes to Other Acts.--
(1) Ethics in government act of 1978.--Section 105(a)(1) of
the Ethics in Government Act of 1978 (Public Law 95-521; 5
U.S.C. App. 4) <<NOTE: 5 USC app. 105.>> is amended by striking
``National Imagery and Mapping Agency'' and inserting ``National
Geospatial-Intelligence Agency''.
(2) Inspector general act of 1978.--Section 8H of the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.)
is amended--
(A) in subsection (a)(1)(A), by striking ``National
Imagery and Mapping Agency'' and inserting ``National
Geospatial-Intelligence Agency''; and
(B) in subsection (g)(1), by striking ``National
Imagery and Mapping Agency'' and inserting ``National
Geospatial-Intelligence Agency''.
(3) Employee polygraph protection act of 1988.--Section
7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988
(29 U.S.C. 2006(b)(2)(A)(i)) is amended by striking ``National
Imagery and Mapping Agency'' and inserting ``National
Geospatial-Intelligence Agency''.
(4) Legislative branch appropriations act, 1993.--Section
207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993
(Public Law 102-392; 44 U.S.C. 501 note), is amended by striking
``National Imagery and Mapping Agency'' and inserting ``National
Geospatial-Intelligence Agency''.
(5) Homeland security act of 2002.--Section 201(e)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 121(e)(2)) is amended by
striking ``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''.
[[Page 122 STAT. 4576]]
SEC. 932. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE,
ARISING FROM ENACTMENT OF THE INTELLIGENCE
REFORM AND TERRORISM PREVENTION ACT OF
2004.
(a) References to Head of Intelligence Community.--Title 10, United
States Code, is amended by striking ``Director of Central Intelligence''
each place it appears and inserting ``Director of National
Intelligence'' in the following:
(1) Section 193(d)(2).
(2) Section 193(e).
(3) Section 201(a).
(4) Section 201(b)(1).
(5) Section 201(c)(1).
(6) Section 425(a).
(7) Section 431(b)(1).
(8) Section 441(c).
(9) Section 441(d).
(10) Section 443(d).
(11) Section 2273(b)(1).
(12) Section 2723(a).
(b) Clerical Amendments.--Such title is further amended by striking
``Director of Central Intelligence'' each place it appears and inserting
``Director of National Intelligence'' in the following:
(1) Section 441(c).
(2) Section 443(d).
(c) Reference to Head of Central Intelligence Agency.--Section 444
of such title is amended by striking ``Director of Central
Intelligence'' each place it appears and inserting ``Director of the
Central Intelligence Agency''.
SEC. 933. TECHNICAL AMENDMENTS RELATING TO THE ASSOCIATE DIRECTOR
OF THE CIA FOR MILITARY AFFAIRS.
Section 528(c) of title 10, United States Code, is amended--
(1) in the heading, by striking ``Military Support'' and
inserting ``Military Affairs''; and
(2) by striking ``Military Support'' and inserting
``Military Affairs''.
Subtitle E--Other Matters
SEC. 941. ENHANCEMENT OF AUTHORITIES RELATING TO DEPARTMENT OF
DEFENSE REGIONAL CENTERS FOR SECURITY
STUDIES.
(a) Availability of Funds for Activities Across Fiscal Years.--
(1) In general.--Section 184(f) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(6) Funds available to carry out this section, including funds
accepted under paragraph (4) and funds available under paragraph (5),
shall be available, to the extent provided in appropriations Acts, for
programs and activities under this section that begin in a fiscal year
and end in the following fiscal year.''.
(2) Effective <<NOTE: Applicability. 10 USC 184
note.>> date.--The amendment made by paragraph (1) shall take
effect on October 1, 2008, and shall apply with respect to
programs and activities under section 184 of title
[[Page 122 STAT. 4577]]
10, United States Code (as so amended), that begin on or after
that date.
(b) Temporary <<NOTE: 10 USC 184 note.>> Waiver of Reimbursement of
Costs of Activities for Nongovernmental Personnel.--
(1) Authority for temporary waiver.--In fiscal years 2009
and 2010, the Secretary of Defense may, with the concurrence of
the Secretary of State, waive reimbursement otherwise required
under subsection (f) of section 184 of title 10, United States
Code, of the costs of activities of Regional Centers under such
section for personnel of nongovernmental and international
organizations who participate in activities of the Regional
Centers that enhance cooperation of nongovernmental
organizations and international organizations with United States
forces if the Secretary of Defense determines that attendance of
such personnel without reimbursement is in the national security
interests of the United States.
(2) Limitation.--The amount of reimbursement that may be
waived under paragraph (1) in any fiscal year may not exceed
$1,000,000.
(3) Annual report.--The Secretary of Defense shall include
in the annual report under section 184(h) of title 10, United
States Code, in 2010 and 2011 information on the attendance of
personnel of nongovernmental and international organizations in
activities of the Regional Centers during the preceding fiscal
year for which a waiver of reimbursement was made under
paragraph (1), including information on the costs incurred by
the United States for the participation of personnel of each
nongovernmental or international organization that so attended.
SEC. 942. RESTRICTION ON OBLIGATION OF FUNDS FOR UNITED STATES
SOUTHERN COMMAND DEVELOPMENT ASSISTANCE
ACTIVITIES.
(a) Report and Certification Required.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report describing
the development assistance activities carried out by the United States
Southern Command during fiscal year 2008 and planned for fiscal year
2009 and containing a certification by the Secretary that such
development assistance activities--
(1) will not adversely diminish the ability of the United
States Southern Command or its components to carry out its
combat or military missions;
(2) do not divert resources from funded or unfunded
requirements of the United States Southern Command in connection
with the role of the Department of Defense under section 124 of
title 10, United States Code, as the single lead agency of the
Federal Government for the detection and monitoring of aerial
and maritime transit of illegal drugs into the United States;
(3) are not unnecessarily duplicative of activities already
conducted or planned to be conducted by any other Federal
department or agency during fiscal year 2009; and
(4) are designed, planned, and conducted to complement joint
training and exercises, host-country capacity building, or
similar activities directly connected to the responsibilities of
the United States Southern Command.
[[Page 122 STAT. 4578]]
(b) Restriction on Obligation of Funds Pending Certification.--Of
the amounts appropriated pursuant to an authorization of appropriations
in this Act or otherwise made available for fiscal year 2009 for
operation and maintenance for the United States Southern Command, not
more than 90 percent may be obligated or expended until 30 days after
the certification required by subsection (a) is received by the
congressional defense committees.
(c) Development Assistance Activities Defined.--In this section, the
term ``development assistance activities'' means assistance activities
carried out by the United States Southern Command that are comparable to
the assistance activities carried out by the United States under--
(1) chapters 1, 10, 11, and 12 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151, 2293, 2295, and 2296 et
seq.); and
(2) any other provision of law for purposes comparable to
the purposes for which assistance activities are carried out
under the provisions of law referred to in paragraph (1).
SEC. 943. AUTHORIZATION OF NON-CONVENTIONAL ASSISTED RECOVERY
CAPABILITIES.
(a) Non-Conventional Assisted Recovery Capabilities.--Upon a
determination by a commander of a combatant command that an action is
necessary in connection with a non-conventional assisted recovery
effort, and with the concurrence of the relevant Chief of Mission or
Chiefs of Mission, an amount not to exceed $20,000,000 of the funds
appropriated pursuant to an authorization of appropriations or otherwise
made available for ``Operation and Maintenance, Navy'' may be used to
establish, develop, and maintain non-conventional assisted recovery
capabilities.
(b) Procedures.--The Secretary of Defense shall establish procedures
for the exercise of the authority under subsection (a).
The <<NOTE: Notification.>> Secretary shall notify the congressional
defense committees of those procedures before any exercise of that
authority.
(c) Authorized Activities.--Non-conventional assisted recovery
capabilities authorized under subsection (a) may, in limited and special
circumstances, include the provision of support to foreign forces,
irregular forces, groups, or individuals in order to facilitate the
recovery of Department of Defense or Coast Guard military or civilian
personnel, or other individuals who, while conducting activities in
support of United States military operations, become separated or
isolated and cannot rejoin their units without the assistance authorized
in subsection (a). Such support may include the provision of limited
amounts of equipment, supplies, training, transportation, or other
logistical support or funding.
(d) Notice to Congress on Use of <<NOTE: Deadline.>> Authority.--
Upon using the authority in subsection (a) to make funds available for
support of non-conventional assisted recovery activities, the Secretary
of Defense shall notify the congressional defense committees within 72
hours of the use of such authority with respect to support of such
activities. Any such notice shall be in writing.
(e) Annual Report.--Not later than 30 days after the close of each
fiscal year during which subsection (a) is in effect, the Secretary of
Defense shall submit to the congressional defense committees a report on
support provided under that subsection during that fiscal year. Each
such report shall describe the support
[[Page 122 STAT. 4579]]
provided, including a statement of the recipient of support and the
amount obligated to provide the support.
(f) Limitation on Intelligence Activities.--This section does not
constitute authority to conduct a covert action, as such term is defined
in section 503(e) of the National Security Act of 1947 (50 U.S.C.
413b(e)).
(g) Limitation on Foreign Assistance Activities.--This section does
not constitute authority--
(1) to build the capacity of foreign military forces or
provide security and stabilization assistance, as described in
sections 1206 and 1207 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456 and
3458), respectively; and
(2) to provide assistance that is otherwise prohibited by
any other provision in law, including any provision of law
relating to the control of exports of defense articles or
defense services.
(h) Period of Authority.--The authority under this section is in
effect during each of the fiscal years 2009 through 2011.
SEC. 944. REPORT ON HOMELAND DEFENSE AND CIVIL SUPPORT ISSUES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on certain homeland defense
and civil support issues.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A description of the progress made by the Department of
Defense to address the concerns related to the United States
Northern Command identified in the Comptroller General reports
GAO-08-251 and GAO-08-252, including improved coordination with
other agencies.
(2) A detailed description of the plans and progress made by
the Department of Defense to establish forces assigned the
mission of managing the consequences of an incident in the
United States homeland involving a chemical, biological,
radiological, or nuclear device, or high-yield explosives.
SEC. 945. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS.
(a) In General.--Not later than 6 months after the date of enactment
of this Act, the Chief of the National Guard Bureau shall submit to the
Secretary of Defense a report--
(1) detailing the extent to which the various provisions in
title XVIII of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181) have been effective in giving the
Chief of the National Guard Bureau the authorities and resources
needed to perform the responsibilities and duties of the Chief;
and
(2) assessing the adequacy of Department of Defense funding
for the resource requirements of the National Guard.
(b) Report to Congress.--Not later than 30 days after the Secretary
of Defense receives the report under subsection (a), the Secretary shall
submit to Congress such report, along with any explanatory comments the
Secretary considers necessary.
[[Page 122 STAT. 4580]]
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. One-time shift of military retirement payments.
Sec. 1003. Management of purchase cards.
Sec. 1004. Codification of recurring authority on United States
contributions to the North Atlantic Treaty Organization
common-funded budgets.
Sec. 1005. Incorporation of funding decisions into law.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas.
Sec. 1012. Report on repair of naval vessel in foreign shipyards.
Sec. 1013. Report on plan for disposal of certain vessels stricken from
the Naval Vessel Register.
Sec. 1014. Reimbursement of expenses for certain Navy mess operations.
Sec. 1015. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of reporting requirement regarding Department of
Defense expenditures to support foreign counter-drug
activities.
Sec. 1022. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1023. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia and continuation of
numerical limitation on assignment of United States
personnel.
Sec. 1024. Expansion and extension of authority to provide additional
support for counter-drug activities of certain foreign
governments.
Sec. 1025. Comprehensive Department of Defense strategy for counter-
narcotics efforts for United States Africa Command.
Sec. 1026. Comprehensive Department of Defense strategy for counter-
narcotics efforts in South and Central Asian regions.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Enhancement of the capacity of the United States Government
to conduct complex operations.
Sec. 1032. Crediting of admiralty claim receipts for damage to property
funded from a Department of Defense working capital fund.
Sec. 1033. Minimum annual purchase requirements for charter air
transportation services from carriers participating in the
Civil Reserve Air Fleet.
Sec. 1034. Semi-annual reports on status of Navy Next Generation
Enterprise Networks program.
Sec. 1035. Sense of Congress on nuclear weapons management.
Sec. 1036. Sense of Congress on joint Department of Defense-Federal
Aviation Administration executive committee on conflict and
dispute resolution.
Sec. 1037. Sense of Congress on sale of new outsize cargo, strategic
airlift aircraft for civilian use.
Subtitle E--Studies and Reports
Sec. 1041. Report on corrosion control and prevention.
Sec. 1042. Study on using Modular Airborne Fire Fighting Systems (MAFFS)
in a Federal response to wildfires.
Sec. 1043. Study on rotorcraft survivability.
Sec. 1044. Report on nuclear weapons.
Sec. 1045. Report on compliance by Department of Defense with Guam tax
and licensing laws.
Sec. 1046. Report on detention operations in Iraq.
Sec. 1047. Review of bandwidth capacity requirements of the Department
of Defense and the intelligence community.
Sec. 1048. Review of findings and recommendations applicable to the
Department of Defense regarding electromagnetic pulse attack.
Subtitle F--Other Matters
Sec. 1051. Additional information under annual submissions of
information regarding information technology capital assets.
Sec. 1052. Submission to Congress of revision to regulation on enemy
prisoners of war, retained personnel, civilian internees, and
other detainees.
[[Page 122 STAT. 4581]]
Sec. 1053. Barnegat Inlet to Little Egg Inlet, New Jersey.
Sec. 1054. Standing advisory panel on improving coordination among the
Department of Defense, the Department of State, and the
United States Agency for International Development on matters
of national security.
Sec. 1055. Reports on strategic communication and public diplomacy
activities of the Federal Government.
Sec. 1056. Prohibitions relating to propaganda.
Sec. 1057. Sense of Congress on interrogation of detainees by contractor
personnel.
Sec. 1058. Sense of Congress with respect to videotaping or otherwise
electronically recording strategic intelligence
interrogations of persons in the custody of or under the
effective control of the Department of Defense.
Sec. 1059. Modification of deadlines for standards required for entry to
military installations in the United States.
Sec. 1060. Extension of certain dates for Congressional Commission on
the Strategic Posture of the United States.
Sec. 1061. Technical and clerical amendments.
Sec. 1062. Notification of Committees on Armed Services with respect to
certain nonproliferation and proliferation activities.
Sec. 1063. Assessment of security measures at consolidated center for
North American Aerospace Defense Command and United States
Northern Command.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2009 between any such authorizations for that fiscal
year (or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$4,200,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to transfer
authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. ONE-TIME SHIFT OF MILITARY RETIREMENT PAYMENTS.
(a) Reduction of Payments.--Notwithstanding any other provision of
law, any amounts that would otherwise be payable from the fund to
individuals for the month of August 2013 (with
[[Page 122 STAT. 4582]]
disbursements scheduled for September 2013) shall be reduced by 1
percent.
(b) Reversion.--Beginning <<NOTE: Effective date.>> on September 1,
2013 (with disbursements beginning in October 2013), amounts payable to
individuals from the fund shall revert back to amounts as specified in
law as if the reduction in subsection (a) did not take place.
(c) Refund.--Any individual who has a payment reduced under
subsection (a) shall receive a one-time payment, from the fund, in an
amount equal to the amount of such reduction. This one-time payment
shall be included with disbursements from the fund scheduled for October
2013.
(d) Fund.--In this section, the term ``fund'' refers to the
Department of Defense Military Retirement Fund established by section
1461 of title 10, United States Code.
(e) Transfer.--Not <<NOTE: Deadline.>> later than 60 days after the
date of the enactment of this Act, the Secretary of Defense shall
transfer $40,000,000 from the unobligated balances of the National
Defense Stockpile Transaction Fund to the Miscellaneous Receipts Fund of
the United States Treasury to offset estimated costs arising from
section 702 and the amendments made by such section.
SEC. 1003. MANAGEMENT OF PURCHASE CARDS.
(a) Penalties for Violations.--Section 2784(c)(1) of title 10,
United States Code, is amended by striking ``(1) provide for'' and
inserting the following:
``(1) provide--
``(A) for the reimbursement of charges for
unauthorized or erroneous purchases, in appropriate
cases; and
``(B) for''.
(b) Required Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report detailing actions to be taken by the Department
of Defense to implement the recommendations of the Government
Accountability Office in its report titled ``Actions Needed to
Strengthen Internal Controls to Reduce Fraudulent, Improper, and Abusive
Purchases'' (GAO-08-333) to improve safeguards and internal controls on
the use of agency purchase cards.
SEC. 1004. CODIFICATION OF RECURRING AUTHORITY ON UNITED STATES
CONTRIBUTIONS TO THE NORTH ATLANTIC
TREATY ORGANIZATION COMMON-FUNDED
BUDGETS.
(a) Codification of Authority.--
(1) In general.--Subchapter II of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2263. United States contributions to the North Atlantic
Treaty Organization common-funded budgets
``(a) In General.--The total amount contributed by the Secretary of
Defense in any fiscal year for the common-funded budgets of NATO may be
an amount in excess of the maximum amount that would otherwise be
applicable to those contributions in such fiscal year under the fiscal
year 1998 baseline limitation.
``(b) Reports.--(1) Not later than October 30 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on the contributions made by the Secretary
[[Page 122 STAT. 4583]]
to the common-funded budgets of NATO in the preceding fiscal year.
``(2) Each report under paragraph (1) shall include, for the fiscal
year covered by such report, the following:
``(A) The amounts contributed by the Secretary to each of
the separate budgets and programs of the North Atlantic Treaty
Organization under the common-funded budgets of NATO.
``(B) For each budget and program to which the Secretary
made such a contribution, the percentage of such budget or
program during the fiscal year that such contribution
represented.
``(c) Definitions.--In this section:
``(1) Common-funded budgets of nato.--The term `common-
funded budgets of NATO' means the Military Budget, the Security
Investment Program, and the Civil Budget of the North Atlantic
Treaty Organization (and any successor or additional account or
program of NATO).
``(2) Fiscal year 1998 baseline limitation.--The term
`fiscal year 1998 baseline limitation' means the maximum annual
amount of Department of Defense contributions for common-funded
budgets of NATO that is set forth as the annual limitation in
section 3(2)(C)(ii) of the resolution of the Senate giving the
advice and consent of the Senate to the ratification of the
Protocols to the North Atlantic Treaty of 1949 on the Accession
of Poland, Hungary, and the Czech Republic (as defined in
section 4(7) of that resolution), approved by the Senate on
April 30, 1998.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 134 of such title is
amended by adding at the end the following new item:
``2263. United States contributions to the North Atlantic Treaty
Organization common-funded budgets.''.
(b) Effective <<NOTE: 10 USC 2263 note.>> Date.--The amendments made
by this section shall take effect on October 1, 2008, and shall apply to
fiscal years that begin on or after that date.
SEC. 1005. INCORPORATION OF FUNDING DECISIONS INTO LAW.
(a) Amounts Specified in Joint Explanatory Statement Are Authorized
by Law.--Wherever <<NOTE: Deadline.>> a funding table in the Joint
Explanatory Statement which is to be printed in the Congressional Record
on or about September 23, 2008, to explain the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 specifies a dollar amount
for a project, program, or activity, the obligation and expenditure of
the specified dollar amount for the indicated project, program, or
activity is hereby authorized by law to be carried out to the same
extent as if included in the text of the Act, subject to the
availability of appropriations.
(b) Merit-Based Decisions.--Decisions by agency heads to commit,
obligate, or expend funds with or to a specific entity on the basis of
dollar amount authorized pursuant to subsection (a) shall be based on
authorized, transparent, statutory criteria, or merit-based selection
procedures in accordance with the requirements of sections 2304(k) and
2374 of title 10, United States Code, and other applicable provisions of
law.
(c) Relationship to Transfer and Reprogramming Authority.--This
section does not prevent an amount covered by
[[Page 122 STAT. 4584]]
this section from being transferred or reprogrammed under a transfer or
reprogramming authority provided by another provision of this Act or by
other law. The transfer or reprogramming of an amount incorporated into
the Act by this section shall not count against a ceiling on such
transfers or reprogrammings under section 1001 of this Act or any other
provision of law, unless such transfer or reprogramming would move funds
between appropriation accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex to the Joint Explanatory Statement referred to in
subsection (a).
(e) Oral and Written Communication.--No oral or written
communication concerning any amount specified in the Joint Explanatory
Statement referred to in subsection (a) shall supersede the requirements
of this section.
Subtitle B--Policy Relating to Vessels and Shipyards
SEC. 1011. CONVEYANCE, NAVY DRYDOCK, ARANSAS PASS, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Navy is authorized
to convey the floating drydock AFDL-23, located in Aransas Pass, Texas,
to Gulf Copper Ship Repair, that company being the current lessee of the
drydock.
(b) Condition of Conveyance.--The Secretary shall require as a
condition of the conveyance under subsection (a) that the drydock remain
at the facilities of Gulf Copper Ship Repair, at Aransas Pass, Texas,
until at least September 30, 2010.
(c) Consideration.--As consideration for the conveyance of the
drydock under subsection (a), the purchaser shall provide compensation
to the United States the value of which, as determined by the Secretary,
is equal to the fair market value of the drydock, as determined by the
Secretary. The Secretary shall take into account amounts paid by, or due
and owing from, the lessee.
(d) Transfer at No Cost to United <<NOTE: Applicability.>> States.--
The provisions of section 7306(c) of title 10, United States Code, shall
apply to the conveyance under this section.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 1012. REPORT ON REPAIR OF NAVAL VESSEL IN FOREIGN SHIPYARDS.
Section 7310 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Report.--(1) The Secretary of the Navy shall submit to
Congress each year, at the time that the President's budget is submitted
to Congress that year under section 1105(a) of title 31, a report
listing all repairs and maintenance performed on any covered naval
vessel that has undergone work for the repair of the vessel in any
shipyard outside the United States or Guam (in this section referred to
as a `foreign shipyard') during the fiscal year preceding the fiscal
year in which the report is submitted.
``(2) The report shall include the percentage of the annual ship
repair budget of the Navy that was spent on repair of covered
[[Page 122 STAT. 4585]]
naval vessels in foreign shipyards during the fiscal year covered by the
report.
``(3) The report also shall include the following with respect to
each covered naval vessel:
``(A) The justification under law for the repair in a
foreign shipyard.
``(B) The name and class of vessel repaired.
``(C) The category of repair and whether the repair
qualified as voyage repair as defined in Commander Military
Sealift Command Instruction 4700.15C (September 13, 2007) or
Joint Fleet Maintenance Manual (Commander Fleet Forces Command
Instruction 4790.3 Revision A, Change 7), Volume III. Scheduled
availabilities are to be considered as a composite and reported
as a single entity without individual repair and maintenance
items listed separately.
``(D) The shipyard where the repair work was carried out.
``(E) The number of days the vessel was in port for repair.
``(F) The cost of the repair and the amount (if any) that
the cost of the repair was less than or greater than the cost of
the repair provided for in the contract.
``(G) The schedule for repair, the amount of work
accomplished (stated in terms of work days), whether the repair
was accomplished on schedule, and, if not so accomplished, the
reason for the schedule over-run.
``(H) The homeport or location of the vessel prior to its
voyage for repair.
``(I) Whether the repair was performed under a contract
awarded through the use of competitive procedures or procedures
other than competitive procedures.
``(4) In this subsection, the term `covered naval vessel' means any
of the following:
``(A) A naval vessel.
``(B) Any other vessel under the jurisdiction of the
Secretary of the Navy.''.
SEC. 1013. REPORT ON PLAN FOR DISPOSAL OF CERTAIN VESSELS STRICKEN
FROM THE NAVAL VESSEL REGISTER.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of the Navy, in consultation with the Administrator of the
Maritime Administration, shall submit to the congressional defense
committees a report containing--
(1) a plan for the sale and disposal of each vessel over
50,000 tons light ship displacement stricken from the Naval
Vessel Register but not yet disposed of by the Navy or the
Maritime Administration; and
(2) the estimated contribution to the domestic market for
steel and other metals that might be made from the scrapping of
such vessels.
SEC. 1014. REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS
OPERATIONS.
(a) Authority for Payment.--Of the amounts appropriated for
operation and maintenance for the Navy, not more that $1,000,000 may be
used to pay the charge established under section 1011 of title 37,
United States Code, for meals sold by messes for United States Navy and
Naval Auxiliary vessels to the following:
(1) Members of nongovernmental organizations and officers or
employees of host and foreign nations when participating
[[Page 122 STAT. 4586]]
in or providing support to United States civil-military
operations.
(2) Foreign national patients treated on Naval vessels
during the conduct of United States civil-military operations,
and their escorts.
(b) Expiration of Authority.--The authority to pay for meals under
subsection (a) shall expire on September 30, 2010.
(c) Report.--Not later than March 31 of each year during which the
authority to pay for meals under subsection (a) is in effect, the
Secretary of Defense shall submit to Congress a report on the use of
such authority.
SEC. 1015. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE
STRIKE FORCES OF THE UNITED STATES NAVY.
Section <<NOTE: Ante, p. 303.>> 1012(c)(1) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181) is amended
by adding at the end the following:
``(D) Amphibious assault ships, including dock
landing ships (LSD), amphibious transport-dock ships
(LPD), helicopter assault ships (LHA/LHD), and
amphibious command ships (LCC), if such vessels exceed
15,000 dead weight ton light ship displacement.''.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION OF REPORTING REQUIREMENT REGARDING DEPARTMENT
OF DEFENSE EXPENDITURES TO SUPPORT
FOREIGN COUNTER-DRUG ACTIVITIES.
Section 1022(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-255), as most recently amended by section
1024 of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2383), is further amended by
striking ``and February 15, 2008'' and inserting ``February 15, 2008,
and February 15, 2009''.
SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES
CONDUCTING COUNTER-TERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 10 U.S.C. 371 note), as amended by
section 1021 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 304), is amended by striking
``2008'' and inserting ``2009''.
SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG
AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA AND CONTINUATION OF NUMERICAL
LIMITATION ON ASSIGNMENT OF UNITED
STATES PERSONNEL.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as
amended by section 1023 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2382), is further amended--
(1) in subsection (a), by striking ``2008'' and inserting
``2009''; and
[[Page 122 STAT. 4587]]
(2) in subsection (c), by striking ``2008'' and inserting
``2009''.
SEC. 1024. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE
ADDITIONAL SUPPORT FOR COUNTER-DRUG
ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS.
(a) Extension of Authority.--Subsection (a)(2) of section 1033 of
the National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1881), as amended by section 1021 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136, 117
Stat. 1593), section 1022 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2137), and section 1022 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 304), is further amended
by striking ``2008'' and inserting ``2009''.
(b) Additional Governments Eligible to Receive Support.--Subsection
(b) of such section is amended by adding at the end the following new
paragraphs:
``(19) The Government of Guinea-Bissau.
``(20) The Government of Senegal.
``(21) The Government of El Salvador.
``(22) The Government of Honduras.''.
(c) Maximum Annual Amount of Support.--Subsection (e)(2) of such
section is amended--
(1) by striking ``or'' after ``2006,''; and
(2) by striking the period at the end and inserting ``, or
$75,000,000 during fiscal year 2009.''.
(d) Condition on Provision of Support.--Subsection (f) of such
section is amended--
(1) in paragraph (2), by inserting after ``In the case of''
the following: ``funds appropriated for fiscal year 2009 to
carry out this section and''; and
(2) in paragraph (4)(B), by striking ``Committee on
International Relations'' and inserting ``Committee on Foreign
Affairs''.
(e) Counter-Drug Plan.--Subsection (h) of such section is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal year 2004'' and inserting ``fiscal year 2009''; and
(2) in subparagraph (7), by striking ``For the first fiscal
year'' and inserting ``For fiscal year 2009, and thereafter, for
the first fiscal year''.
SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR
COUNTER-NARCOTICS EFFORTS FOR UNITED
STATES AFRICA COMMAND.
(a) Report Required.--Not later than June 30, 2009, the Secretary of
Defense shall submit to the congressional defense committees a
comprehensive strategy of the Department of the Defense with regard to
counter-narcotics efforts in Africa, with an emphasis on West Africa and
the Maghreb. The Secretary of Defense shall prepare the strategy in
consultation with the Secretary of State.
(b) Matters to Be Included.--The comprehensive strategy shall
consist of a general overview and a separate detailed section for each
of the following:
(1) A description of the overall United States counter-
narcotics policy for Africa.
[[Page 122 STAT. 4588]]
(2) The roles and missions of the Department of Defense in
support of the overall United States counter-narcotics policy
for Africa.
(3) The priorities for the Department of Defense to meet
programmatic objectives one-year, three-years, and five-years
after the end of fiscal year 2009, including a description of
the expected allocation of resources of the Department of
Defense to accomplish these priorities.
(4) The efforts of the Secretary of Defense to coordinate
the Department of Defense counter-narcotics activities in Africa
with Department of Defense building capacity programs, including
programs carried out under the authority of the Secretary under
section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456).
(5) The efforts to coordinate the counter-narcotics
activities of the Department of Defense with the counter-
narcotics activities of the governments eligible to receive
support under section 1033 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881) and
the counter-narcotics activities in Africa of European countries
and other international and regional partners.
(c) Plans.--The comprehensive strategy shall also include the
following plans:
(1) A detailed and comprehensive plan to utilize the
capabilities and assets of the combatant commands that
geographically surround the United States Africa Command for the
counter-narcotics efforts and activities of the United States
Africa Command on a temporary basis until the United States
Africa Command develops its own commensurate capabilities and
assets, including in the plan a description of what measures
will be taken to effectuate the transition of the missions.
(2) A detailed and comprehensive plan to enhance cooperation
with certain African countries, which are often geographically
contiguous to other African countries that have a significant
narcotics-trafficking challenges, to increase the effectiveness
of the counter-narcotics activities of the Department of Defense
and its international and regional partners.
SEC. 1026. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR
COUNTER-NARCOTICS EFFORTS IN SOUTH AND
CENTRAL ASIAN REGIONS.
(a) Report Required.--Not later than June 30, 2009, the Secretary of
Defense shall submit to the congressional defense committees a
comprehensive strategy of the Department of the Defense with regard to
counter-narcotics efforts in the South and Central Asian regions,
including the countries of Afghanistan, Turkmenistan, Tajikistan,
Kyrgyzstan, Kazakhstan, Pakistan, and India, as well as the countries of
Armenia, Azerbaijan, and China.
(b) Matters to Be Included.--The comprehensive strategy shall
consist of a general overview and a separate detailed section for each
of the following:
(1) The roles and missions of the Department of Defense in
support of the overall United States counter-narcotics policy
for countries of the South and Central Asian regions and the
other countries specified in subsection (a).
(2) The priorities for the Department of Defense to meet
programmatic objectives for fiscal year 2010, including a
[[Page 122 STAT. 4589]]
description of the expected allocation of resources of the
Department of Defense to accomplish these priorities.
(3) The ongoing and planned counter-narcotics activities
funded by the Department of Defense for such regions and
countries.
(4) The efforts to coordinate the counter-narcotics
activities of the Department of Defense with the counter-
narcotics activities of such regions and countries and the
counter-narcotics activities of other international partners in
such regions and countries.
(5) The specific metrics used by the Department of Defense
to evaluate progress of activities to reduce the production and
trafficking of illicit narcotics in such regions and countries.
Subtitle D--Miscellaneous Authorities and Limitations
SEC. 1031. ENHANCEMENT OF THE CAPACITY OF THE UNITED STATES
GOVERNMENT TO CONDUCT COMPLEX
OPERATIONS.
(a) In General.--Chapter 20 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 409. Center for Complex Operations
``(a) Center Authorized.--The Secretary of Defense may establish a
center to be known as the `Center for Complex Operations' (in this
section referred to as the `Center').
``(b) Purposes.--The purposes of the Center established under
subsection (a) shall be the following:
``(1) To provide for effective coordination in the
preparation of Department of Defense personnel and other United
States Government personnel for complex operations.
``(2) To foster unity of effort during complex operations
among--
``(A) the departments and agencies of the United
States Government;
``(B) foreign governments and militaries;
``(C) international organizations and international
nongovernmental organizations; and
``(D) domestic nongovernmental organizations.
``(3) To conduct research; collect, analyze, and distribute
lessons learned; and compile best practices in matters relating
to complex operations.
``(4) To identify gaps in the education and training of
Department of Defense personnel, and other relevant United
States Government personnel, relating to complex operations, and
to facilitate efforts to fill such gaps.
``(c) Concurrence of the Secretary of State.--The Secretary of
Defense shall seek the concurrence of the Secretary of State to the
extent the efforts and activities of the Center involve the entities
referred to in subparagraphs (B) and (C) of subsection (b)(2).
``(d) Support From Other United States Government Departments or
Agencies.--The head of any non-Department of Defense department or
agency of the United States Government may--
[[Page 122 STAT. 4590]]
``(1) provide to the Secretary of Defense services,
including personnel support, to support the operations of the
Center; and
``(2) transfer funds to the Secretary of Defense to support
the operations of the Center.
``(e) Acceptance of Gifts and Donations.--(1) Subject to paragraph
(3), the Secretary of Defense may accept from any source specified in
paragraph (2) any gift or donation for purposes of defraying the costs
or enhancing the operations of the Center.
``(2) The sources specified in this paragraph are the following:
``(A) The government of a State or a political subdivision
of a State.
``(B) The government of a foreign country.
``(C) A foundation or other charitable organization,
including a foundation or charitable organization that is
organized or operates under the laws of a foreign country.
``(D) Any source in the private sector of the United States
or a foreign country.
``(3) The Secretary may not accept a gift or donation under this
subsection if acceptance of the gift or donation would compromise or
appear to compromise--
``(A) the ability of the Department of Defense, any employee
of the Department, or any member of the armed forces to carry
out the responsibility or duty of the Department in a fair and
objective manner; or
``(B) the integrity of any program of the Department or of
any person involved in such a program.
``(4) The Secretary shall provide written guidance setting forth the
criteria to be used in determining the applicability of paragraph (3) to
any proposed gift or donation under this subsection.
``(f) Crediting of Funds Transferred or Accepted.--Funds transferred
to or accepted by the Secretary of Defense under this section shall be
credited to appropriations available to the Department of Defense for
the Center, and shall be available for the same purposes, and subject to
the same conditions and limitations, as the appropriations with which
merged. Any funds so transferred or accepted shall remain available
until expended.
``(g) Definitions.--In this section:
``(1) The term `complex operation' means an operation as
follows:
``(A) A stability operation.
``(B) A security operation.
``(C) A transition and reconstruction operation.
``(D) A counterinsurgency operation.
``(E) An operation consisting of irregular warfare.
``(2) The term `gift or donation' means any gift or donation
of funds, materials (including research materials), real or
personal property, or services (including lecture services and
faculty services).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by adding at the end the following
new item:
``409. Center for Complex Operations.''.
[[Page 122 STAT. 4591]]
SEC. 1032. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE TO
PROPERTY FUNDED FROM A DEPARTMENT OF
DEFENSE WORKING CAPITAL FUND.
Section 7623(b) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) in paragraph (1), as so designated, by striking the last
sentence; and
(3) by adding at the end the following new paragraph:
``(2)(A) Except as provided in subparagraph (B), amounts received
under this section shall be covered into the Treasury as miscellaneous
receipts.
``(B) Amounts received under this section for damage or loss to
property operated and maintained with funds from a Department of Defense
working capital fund or account shall be credited to that fund or
account.''.
SEC. 1033. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR CHARTER AIR
TRANSPORTATION SERVICES FROM CARRIERS
PARTICIPATING IN THE CIVIL RESERVE AIR
FLEET.
(a) In General.--Chapter 931 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 9515. Charter air transportation services: minimum annual
purchase amount for carriers participating in
Civil Reserve Air Fleet
``(a) In General.--The Secretary of Defense shall take steps to--
``(1) improve the predictability in Department of Defense
charter requirements;
``(2) strengthen Civil Reserve Airlift Fleet participation
to assure adequate capacity is available to meet steady-state,
surge and mobilization requirements; and
``(3) provide incentives for commercial air passenger
carriers to provide newer, more efficient and reliable aircraft
for Department of Defense service rather than older, fully
depreciated aircraft.
``(b) Consideration of Recommendations.--In carrying out subsection
(a), the Secretary of Defense shall consider the recommendations on
courses of action for the Civil Reserve Air Fleet as outlined in the
report required by Section 356 of the National Defense Authorization Act
for 2008 (Public Law 110-181).
``(c) Contracts for Charter Air Transportation Services.--The
Secretary of Defense may award to an air carrier or an air carrier
contractor team arrangement participating in the Civil Reserve Air Fleet
on a fiscal year basis a one-year contract for charter air
transportation services with a minimum purchase amount under such
contract determined in accordance with this section.
``(d) Eligible Charter Air Transportation Carriers.--In order to be
eligible for payments under the minimum purchase amount provided by this
section, an air carrier (or any air carrier participating in an air
carrier contractor team arrangement)--
``(1) if under contract with the Department of Defense in
the prior fiscal year, shall have an average on-time pick up
rate, based on factors within such air carrier's control, of at
least 90 percent;
[[Page 122 STAT. 4592]]
``(2) shall offer such amount of commitment to the Civil
Reserve Air Fleet in excess of the minimum required for
participation in the Civil Reserve Air Fleet as the Secretary of
Defense shall specify for purposes of this section; and
``(3) may not have refused a Department of Defense request
to act as a host for other Civil Reserve Air Fleet carriers at
intermediate staging bases during the prior fiscal year.
``(e) Aggregate Minimum Purchase Amount.--(1) The aggregate amount
of the minimum purchase amount for all contracts awarded under
subsection (c) for a fiscal year shall be based on forecast needs, but
may not exceed the amount equal to 80 percent of the average annual
expenditure of the Department of Defense for charter air transportation
services during the five-fiscal year period ending in the fiscal year
before the fiscal year for which such contracts are awarded.
``(2) In calculating the average annual expenditure of the
Department of Defense for charter air transportation services for
purposes of paragraph (1), the Secretary of Defense shall omit from the
calculation any fiscal year exhibiting unusually high demand for charter
air transportation services if the Secretary determines that the
omission of such fiscal year from the calculation will result in a more
accurate forecast of anticipated charter air transportation services for
purposes of that paragraph.
``(f) Allocation of Minimum Purchase Among Charter Air
Transportation Contracts.--(1) The aggregate amount of the minimum
purchase amount for all contracts awarded under subsection (c) for a
fiscal year, as determined under subsection (e), shall be allocated
among all air carriers and air carrier contractor team arrangements
awarded contracts under subsection (c) for such fiscal year in
proportion to the commitments of such carriers to the Civil Reserve Air
Fleet for such fiscal year.
``(2) In determining the minimum purchase amount payable under
paragraph (1) under a contract under subsection (c) for charter air
transportation services provided by an air carrier or air carrier
contractor team arrangement during the fiscal year covered by such
contract, the Secretary of Defense may adjust the amount allocated to
such carrier or arrangement under paragraph (2) to take into account
periods during such fiscal year when charter air transportation services
of such carrier or a carrier in such arrangement are unavailable for
usage by the Department of Defense, including during periods of refused
business or suspended operations or when such carrier is placed in
nonuse status pursuant to section 2640 of this title for safety reasons.
``(g) Distribution of Amounts.--If any amount available under this
section for the minimum purchase of charter air transportation services
from a carrier or air carrier contractor team arrangement for a fiscal
year under a contract under subsection (c) is not utilized to purchase
charter air transportation services from the carrier or arrangement in
such fiscal year, such amount shall be provided to the carrier or
arrangement before the first day of the following fiscal year.
``(h) Commitment of Funds.--(1) The Secretary of each military
department shall transfer to the transportation working capital fund a
percentage of the total amount anticipated to be required in such fiscal
year for the payment of minimum purchase amounts under all contracts
awarded under subsection (c) for such fiscal year equivalent to the
percentage of the anticipated use of charter
[[Page 122 STAT. 4593]]
air transportation services by such military department during such
fiscal year from all carriers under contracts awarded under subsection
(c) for such fiscal year.
``(2) Any amounts required to be transferred under paragraph (1)
shall be transferred by the last day of the fiscal year concerned to
meet the requirements of subsection (g) unless minimum purchase amounts
have already been distributed by the Secretary of Defense under
subsection (g) as of that date.
``(i) Availability of Airlift Services.--(1) From the total amount
of charter air transportation services available for a fiscal year under
all contracts awarded under subsection (c) for such fiscal year, a
military department shall be entitled to obtain a percentage of such
services equal to the percentage of the contribution of the military
department to the transportation working capital fund for such fiscal
year under subsection (h).
``(2) A military department may transfer any entitlement to charter
air transportation services under paragraph (1) to any other military
department or to any other agency, element, or component of the
Department of Defense.
``(j) Definition.--In this section, the term `charter air
transportation' has the meaning given such term in section 40102(14) of
title 49, United States Code, except that it only means such
transportation for which the Secretary of Defense has entered into a
contract for the purpose of passenger travel.
``(k) Sunset.--The authorities in this section shall expire on
December 31, 2015.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 941 of such title is amended by adding at the end the following
new item:
``9515. Charter air transportation services: minimum annual purchase
amount for carriers participating in Civil Reserve Air
Fleet.''.
(c) Report <<NOTE: 10 USC 9515 note.>> to Congress; Limitation on
Exercise of Authority.--
(1) Report.--The Secretary of Defense shall submit to the
congressional defense committees a written report on the actions
taken under subsections (a) and (b) of section 9515 of title 10,
United States Code, as added by subsection (a), along with the
anticipated risks and benefits of such actions.
(2) Limitation.--No authority under subsections (c) through
(I) of such section may be implemented until 30 days after the
date on which the Secretary submits the report required under
paragraph (1).
SEC. 1034. SEMI-ANNUAL REPORTS ON STATUS OF NAVY NEXT GENERATION
ENTERPRISE NETWORKS PROGRAM.
(a) Semi-Annual Reports Required.--The Secretary of Defense shall
submit to the congressional defense committees semi-annual reports on
the status of the development, testing, and deployment of the Navy Next
Generation Enterprise Networks program and the transition of the
capabilities provided by the Navy Marine Corps Intranet program to the
Next Generation Enterprise Networks program. Each such report shall
cover such status during the two fiscal quarters preceding the fiscal
quarter in which the report is submitted.
(b) Coordination.--The Secretary of Defense shall develop each of
the semi-annual reports required under subsection (a) in coordination
with the Secretary of the Navy, the Under Secretary
[[Page 122 STAT. 4594]]
of Defense for Acquisition, Technology, and Logistics, the Assistant
Secretary of Defense for Networks and Information Integration, and the
Director of Operational Test and Evaluation.
(c) Contents of Reports.--Each of the reports required under
subsection (a) shall address the following matters for the period
covered by the report:
(1) For each Next Generation Enterprise Networks contract
entered into by the Secretary of Defense--
(A) the metrics used for quantitatively measuring
the performance of the entity with which the Secretary
has entered into the contract and, based on such
metrics, an assessment of the performance of such entity
during such period;
(B) the qualitative measures used to assess the
performance of such entity and, based on such
qualitative measures, an assessment of the performance
of such entity during such period;
(C) the mechanisms for providing incentives to
improve the performance of such entity, the processes
for determining incentive payments, and the use of
incentive payments made during such period; and
(D) the mechanisms for penalizing such entity for
poor performance, the processes for determining
penalties, and the use of such penalties during such
period.
(2) Any progress made during such period to transition
information technology services from the Navy Marine Corps
Intranet program to the Next Generation Enterprise Networks
program, including the transfer of intellectual property and
infrastructure, and a description of contracting mechanisms used
to facilitate such transition and the provision of services
related to such transition.
(3) An assessment of any issues arising during such period
that relate to the valuation and ownership of intellectual
property and infrastructure in the Navy Marine Corps Intranet
program.
(4) Any activities carried out by the Next Generation
Enterprise Networks Governance Board to resolve issues related
to the Next Generation Enterprise Network program.
(5) An assessment of the operational effectiveness and
suitability of the Next Generation Enterprise Networks program
during such period based on testing activities and other
assessments.
(6) A description of the information security and
information assurance posture and performance of the Next
Generation Enterprise Networks program during such period.
(7) The schedule, status, and goals of the early transition
activities between the Navy Marine Corps Intranet program and
the Next Generation Enterprise Networks program carried out
during such period.
(8) A description of the role of the Next Generation
Enterprise Networks program with the Navy's network environment.
(9) An updated acquisition milestone schedule, including any
changes from previous planned schedules, the status of achieving
milestones, and mitigation strategies for maintaining program
schedule performance.
(d) Deadline for Submittal of Reports.--The Secretary of Defense
shall submit the semi-annual reports required under this
[[Page 122 STAT. 4595]]
section by not later than April 1 and October 1 of each year, and shall
submit the first report required under this section by not later than
April 1, 2009.
(e) Termination.--The requirement to submit semi-annual reports
under this section shall terminate on the date that is one year after
the date on which the Secretary of Defense completes the full transition
of the provision of services from the Navy Marine Corps Intranet program
and other transition programs to the Next Generation Enterprise Networks
program.
SEC. 1035. SENSE OF CONGRESS ON NUCLEAR WEAPONS MANAGEMENT.
(a) Findings.--Congress makes the following findings:
(1) The unauthorized transfer of nuclear weapons from Minot
Air Force Base, North Dakota, to Barksdale Air Force Base,
Louisiana, in August 2007 was an extraordinary breach of the
command and control and security of nuclear weapons.
(2) The reviews conducted following that unauthorized
transfer found that the ability of the Department of Defense to
provide oversight of nuclear weapons matters had degenerated and
that senior level attention to nuclear weapons management is
minimal at best.
(3) The lack of attention to nuclear weapons and related
equipment by the Department of Defense was demonstrated again
when it was discovered in March 2008 that classified equipment
from Minuteman III intercontinental ballistic missiles was
inadvertently shipped to Taiwan in 2006.
(4) The Department of Defense has insufficient capability
and staffing in the Office of the Under Secretary of Defense for
Policy to provide the necessary oversight of the nuclear weapons
functions of the Department.
(5) The key senior position responsible for nuclear weapons
matters in the Department of Defense, the Assistant to the
Secretary of Defense for Nuclear and Chemical and Biological
Defense Programs, a position filled by appointment by and with
the advice and consent of the Senate, was vacant for more than
18 months before being filled in July 2008.
(6) The inability to provide consistent senior level
emphasis on nuclear weapons policy has contributed to an erosion
in the level of attention paid to nuclear weapons matters across
the Department of Defense.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should maintain clear and unambiguous
command and control of its nuclear weapons;
(2) the safety and security of nuclear weapons and related
equipment should be a high priority as long as the United States
maintains a stockpile of nuclear weapons;
(3) these objectives will be more successfully attained if
greater attention is paid to nuclear weapons matters within the
Office of the Secretary of Defense, the Office of the Under
Secretary of Defense for Policy, and the Office of the Under
Secretary of Defense for Acquisition, Technology, and Logistics;
(4) the Secretary of Defense should consider establishing
and filling a senior position, at the level of Assistant
Secretary of Defense or Deputy Under Secretary of Defense,
within the Office of the Under Secretary of Defense for Policy
to hold
[[Page 122 STAT. 4596]]
primary responsibility for the strategic and nuclear weapons
policy of the Department of Defense; and
(5) the Secretary of Defense should clarify the lines of
responsibility and accountability for nuclear weapons matters
within the Office of the Secretary of Defense to place greater
emphasis on strategic and nuclear weapons policy and management.
SEC. 1036. SENSE OF CONGRESS ON JOINT DEPARTMENT OF DEFENSE-
FEDERAL AVIATION ADMINISTRATION
EXECUTIVE COMMITTEE ON CONFLICT AND
DISPUTE RESOLUTION.
(a) Findings.--Congress makes the following findings:
(1) Unmanned aerial systems (UAS) of the Department of
Defense, like the Predator and the Global Hawk, have become a
critical component of military operations. Unmanned aerial
systems are indispensable in the conflict against terrorism and
the campaigns in Afghanistan and Iraq.
(2) Unmanned aerial systems of the Department of Defense
must operate in the National Airspace System (NAS) for training,
operational support to the combatant commands, and support to
domestic authorities in emergencies and national disasters.
(3) The Department of Defense has been lax in developing
certifications of airworthiness for unmanned aerial systems,
qualifications for operators of unmanned aerial systems,
databases on safety matters relating to unmanned aerial systems,
and standards, technology, and procedures that are necessary for
routine access of unmanned aerial systems to the National
Airspace System.
(4) As recognized in a Memorandum of Agreement for Operation
of Unmanned Aircraft Systems in the National Airspace System
signed by the Deputy Secretary of Defense and the Administrator
of the Federal Aviation Administration in September 2007, it is
vital for the Department of Defense and the Federal Aviation
Administration to collaborate closely to achieve progress in
gaining access for unmanned aerial systems to the National
Airspace System to support military requirements.
(5) The Department of Defense and the Federal Aviation
Administration have jointly and separately taken significant
actions to improve the access of unmanned aerial systems of the
Department of Defense to the National Airspace System, but
overall, the pace of progress in access of such systems to the
National Airspace System has been insufficient and poses a
threat to national security.
(6) Techniques and procedures can be rapidly acquired or
developed to temporarily permit safe operations of unmanned
aerial systems in the National Airspace System until permanent
safe operations of such systems in the National Airspace System
can be achieved.
(7) Identifying, developing, approving, implementing, and
monitoring the adequacy of these techniques and procedures may
require the establishment of a joint Department of Defense-
Federal Aviation Administration executive committee reporting to
the highest levels of the Department of Defense and the Federal
Aviation Administration on matters relating
[[Page 122 STAT. 4597]]
to the access of unmanned aerial systems of the Department of
Defense to the National Airspace System.
(8) Joint management attention at the highest levels of the
Department of Defense and the Federal Aviation Administration
may also be required on other important issues, such as type
ratings for aerial refueling aircraft.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should seek an agreement with the Administrator of
the Federal Aviation Administration to jointly establish within the
Department of Defense and the Federal Aviation Administration a joint
Department of Defense-Federal Aviation Administration executive
committee on conflict and dispute resolution which would--
(1) act as a focal point for the resolution of disputes on
matters of policy and procedures between the Department of
Defense and the Federal Aviation Administration with respect
to--
(A) airspace, aircraft certifications, and aircrew
training; and
(B) other issues brought before the joint executive
committee by the Department of Defense or the Department
of Transportation;
(2) identify solutions to the range of technical,
procedural, and policy concerns arising in the disputes
described in paragraph (1); and
(3) identify solutions to the range of technical,
procedural, and policy concerns arising in the integration of
Department of Defense unmanned aerial systems into the National
Airspace System in order to achieve the increasing, and
ultimately routine, access of such systems into the National
Airspace System.
SEC. 1037. SENSE OF CONGRESS ON SALE OF NEW OUTSIZE CARGO,
STRATEGIC AIRLIFT AIRCRAFT FOR CIVILIAN
USE.
(a) Findings.--Congress makes the following findings:
(1) The 2006 Quadrennial Defense Review and the 2005
Mobility Capability Study determined that the United States
Transportation Command requires a force of 292 to 383 organic
strategic airlift aircraft, augmented by procurement of airlift
service from commercial air carriers participating in the Civil
Reserve Air Fleet, to meet the demands of the National Military
Strategy. Congress has authorized and appropriated funds for 316
strategic airlift aircraft.
(2) The commander of the United States Transportation
Command has testified to Congress that it is essential to
safeguard the capabilities and capacity of the Civil Reserve Air
Fleet to meet wartime surge demands in connection with major
combat operations and that procurement by the Air Force of
excess organic strategic airlift aircraft could be harmful to
the health of the Civil Reserve Air Fleet.
(3) The C-17 aircraft is used extensively by the Air
Mobility Command in the Global War on Terror. Production of the
C-17 aircraft is scheduled to cease in August, 2010.
(4) The Federal Aviation Administration has informed
Congress that no fewer than six commercial operators have
expressed interest in operating a commercial variant of the C-17
aircraft. Commercial sale of the new C-17 aircraft would require
that the Department of Defense determine that it is
[[Page 122 STAT. 4598]]
in the national interest for the Federal Aviation Administration
to proceed with the issuance of a type certificate for C-17
aircraft in accordance with section 21.27 of title 14, Code of
Federal Regulations.
(5) New C-17 aircraft sold for commercial use could be made
available to the Civil Reserve Air Fleet, thus strengthening the
capabilities and capacity of the Civil Reserve Air Fleet.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense, in consultation with the Secretary of
Transportation, should--
(1) review the benefits and feasibility of pursuing a new
production commercial cargo capability with new C-17 commercial
variant aircraft and determine whether such capability is in the
national interest; and
(2) if the Secretary of Defense determines that such a
capability is in the national interest, take appropriate actions
to coordinate with the Federal Aviation Administration to
achieve the type certification for a commercial variant of the
C-17 required by section 21.27 of title 14, Code of Federal
Regulations.
Subtitle E--Studies and Reports
SEC. 1041. REPORT ON CORROSION CONTROL AND PREVENTION.
(a) Report Required.--The Secretary of Defense, acting through the
Director of Corrosion Policy and Oversight, shall prepare and submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on corrosion control and prevention in weapons
systems and equipment.
(b) Matters Covered.--The report shall include the comments and
recommendations of the Department of Defense regarding potential
improvements in corrosion control and prevention through earlier
planning. In particular, the report shall include an evaluation and
business case analysis of options for improving corrosion control and
prevention in the requirements and acquisition processes of the
Department of Defense for weapons systems and equipment. The evaluation
shall include an analysis of the impact of such potential improvements
on system acquisition costs and life cycle sustainment. The options for
improved corrosion control and prevention shall include corrosion
control and prevention--
(1) as a key performance parameter for assessing the
selection of materials and processes;
(2) as a key performance parameter for sustainment;
(3) as part of the capability development document in the
joint capabilities integration and development system; and
(4) as a requirement for weapons systems managers to assess
their corrosion control and prevention requirements over a
system's life cycle and incorporate the results into their
acquisition strategies prior to issuing a solicitation for
contracts.
(c) Deadline.--The report shall be submitted not later than 120 days
after the date of the enactment of this Act.
(d) Review by Comptroller General.--The Comptroller General shall
review the report required under subsection (a), including the
methodology used in the Department's analysis, and shall provide the
results of the review to the Committees on Armed Services
[[Page 122 STAT. 4599]]
of the Senate and the House of Representatives not later than 60 days
after the Department submits the report.
SEC. 1042. STUDY ON USING MODULAR AIRBORNE FIRE FIGHTING SYSTEMS
(MAFFS) IN A FEDERAL RESPONSE TO
WILDFIRES.
(a) In General.--The Secretary of Defense shall carry out a study to
determine--
(1) how to utilize the Department's Modular Airborne Fire
Fighting Systems (MAFFS) in all contingencies where there is a
Federal response to wildfires; and
(2) how to decrease the costs of using the Department's
MAFFS when supporting National Interagency Fire Center (NIFC)
fire fighting operations.
(b) Report.--Not later than 6 months after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report on the results of the study.
SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY.
(a) Study Required.--The Secretary of Defense and the Chairman of
the Joint Chiefs of Staff shall carry out a study on Department of
Defense rotorcraft survivability. The study shall--
(1) with respect to actual losses of rotorcraft in combat--
(A) identify the rates of such losses from 1965
through 2008, measured in total annual losses by type of
aircraft and by cause, with rates for loss per flight
hour and loss per sortie provided;
(B) identify by category of hostile action (such as
small arms, Man-Portable Air Defense Systems, and so
on), the causal factors for the losses; and
(C) propose candidate solutions for survivability
(such as training, tactics, speed, countermeasures,
maneuverability, lethality, technology, and so on), in a
prioritized list with explanations, to mitigate each
such causal factor, along with recommended funding
adequate to achieve rates at least equal to the
experience in the Vietnam conflict;
(2) with respect to actual losses of rotorcraft in combat
theater not related to hostile action--
(A) identify the causal factors of loss in a ranked
list; and
(B) propose candidate solutions for survivability
(such as training, tactics, speed, countermeasures,
maneuverability, lethality, technology, and so on), in a
prioritized list, to mitigate each such causal factor,
along with recommended funding adequate to achieve the
Secretary's Mishap Reduction Initiative goal of not more
than 0.5 mishaps per 100,000 flight hours;
(3) with respect to losses of rotorcraft in training or
other non-combat operations during peacetime or interwar years--
(A) identify by category (such as inadvertent
instrument meteorological conditions, wire strike, and
so on) the causal factors of loss in a ranked list; and
(B) identify candidate solutions for survivability
and performance (such as candidate solutions referred to
in paragraph (2)(B) as well as maintenance, logistics,
systems development, and so on) in a prioritized list,
to mitigate each such causal factor, along with
recommended funding adequate to achieve the goal of
rotorcraft loss rates to non-combat causes being reduced
to 1.0;
[[Page 122 STAT. 4600]]
(4) identify the key technical factors (causes of mishaps
that are not related to human factors) negatively impacting the
rotorcraft mishap rates and survivability trends, to include
reliability, availability, maintainability, and other logistical
considerations; and
(5) identify what TACAIR is and has done differently to have
such a decrease in losses per sortie when compared to
rotorcraft, to include--
(A) examination of aircraft, aircraft maintenance,
logistics, operations, and pilot and operator training;
(B) an emphasis on the development of common service
requirements that TACAIR has implemented already which
are minimizing losses within TACAIR; and
(C) candidate solutions, in a prioritized list, to
mitigate each causal factor with recommended funding
adequate to achieve the goal of rotorcraft loss rates
stated above.
(b) Report.--Not later than August 1, 2009, the Secretary and the
Chairman shall submit to the congressional defense committees a report
on the results of the study.
SEC. 1044. REPORT ON NUCLEAR WEAPONS.
(a) Findings.--Congress finds that--
(1) numerous nuclear weapons are held in the arsenals of
various countries around the world;
(2) some of these weapons make attractive targets for theft
and for use by terrorist organizations;
(3) the United States should identify, track, and monitor
these weapons as a matter of national security;
(4) the United States should assess the security risks
associated with existing stockpiles of nuclear weapons and
should assess the risks of nuclear weapons being developed,
acquired, or utilized by other countries, particularly rogue
states, and by terrorists and other non-state actors; and
(5) the United States should work cooperatively with other
countries to improve the security of nuclear weapons and to
promote multilateral reductions in the numbers of nuclear
weapons.
(b) Review.--The <<NOTE: President.>> President, in consultation
with the Secretary of Defense, the Secretary of State, the Secretary of
Energy, and the Director of National Intelligence, shall conduct a
review of nuclear weapons world-wide that includes--
(1) an inventory of the nuclear arsenals of all countries
that possess, or are believed to possess, nuclear weapons, which
indicates, as accurately as possible, the nuclear weapons that
are known, or are believed, to exist according to nationality,
type, yield, and form of delivery, and an assessment of the
methods that are currently employed to identify, track, and
monitor nuclear weapons and their component materials;
(2) an assessment of the risks associated with the
deployment, transfer, and storage of nuclear weapons deemed to
be attractive to terrorists, rogue states, and other state or
non-state actors on account of their size or portability, or on
account of their accessibility due to the manner of their
deployment or storage; and
(3) recommendations for--
(A) mechanisms and procedures to improve security
and safeguards for the nuclear weapons deemed to be
[[Page 122 STAT. 4601]]
attractive to terrorists, rogue states, and other state
or non-state actors;
(B) mechanisms and procedures to improve the ability
of the United States to identify, track, and monitor the
nuclear weapons deemed to be attractive to terrorists,
rogue states, and other state or non-state actors;
(C) mechanisms and procedures for implementing
transparent multilateral reductions in nuclear weapons
arsenals; and
(D) methods for consolidating, dismantling, and
disposing of the nuclear weapons in each country that
possesses, or is believed to possess, nuclear weapons,
including methods of monitoring and verifying
consolidation, dismantlement, and disposal.
(c) Report.--
(1) Report required.--Not <<NOTE: President.>> later than
one year after the date of the enactment of this Act, the
President shall submit to Congress a report on the findings and
recommendations of the review required under subsection (b).
(2) Classification of report.--The report required under
paragraph (1) shall be submitted in unclassified form, but it
may be accompanied by a classified annex.
SEC. 1045. REPORT ON COMPLIANCE BY DEPARTMENT OF DEFENSE WITH GUAM
TAX AND LICENSING LAWS.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense, in consultation with the Secretary of the Navy
and the Joint Guam Program Office, shall submit to the congressional
defense committees a report on the steps that the Department of Defense
is taking to ensure that contractors of the Department performing work
on Guam comply with local tax and licensing requirements.
SEC. 1046. REPORT ON DETENTION OPERATIONS IN IRAQ.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on detention operations at
theater internment facilities in Iraq.
(b) Elements.--The report required by subsection (a) shall include
each of the following:
(1) A detailed description of how counterinsurgency doctrine
has been incorporated at theater internment facilities in Iraq.
(2) A detailed description of the policies and programs
instituted to prepare detainees for reintegration following
their release from detention in theater internment facilities in
Iraq.
(3) A description and assessment of the effects of changes
in detention operations and reintegration programs at theater
internment facilities in Iraq during the period beginning on
January 1, 2007, and ending on the date of the completion of the
report, including changes in levels of violence within
internment facilities and in rates of recapture of detainees
released from detention in internment facilities.
(4) A description of--
(A) the lessons learned regarding detention
operations in a counterinsurgency operation, an
assessment of how such lessons could be applied to
detention operations elsewhere (including in Afghanistan
and at Guantanamo Bay, Cuba); and
[[Page 122 STAT. 4602]]
(B) any efforts to integrate such lessons into
Department of Defense directives, joint doctrine,
mission rehearsal exercises for deploying forces, and
training for units involved in detention and
interrogation operations.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1047. REVIEW OF BANDWIDTH CAPACITY REQUIREMENTS OF THE
DEPARTMENT OF DEFENSE AND THE
INTELLIGENCE COMMUNITY.
(a) In General.--The Secretary of Defense and the Director of
National Intelligence shall conduct a joint review of the bandwidth
capacity requirements of the Department of Defense and the intelligence
community in the near term, mid term, and long term.
(b) Elements.--The review required by subsection (a) shall include
an assessment of the following:
(1) The current bandwidth capacities and capabilities of the
Department of Defense and the intelligence community to
transport data, including Government and commercial ground
networks, airborne relays, and satellite systems.
(2) The bandwidth capacities and capabilities anticipated to
be available to the Department of Defense and the intelligence
community to transport data in the near term, mid term, and long
term.
(3) Innovative technologies available to the Department of
Defense and the intelligence community to increase data
transport capacity of existing bandwidth (such as compression
techniques or intelligent software agents) that can be applied
in the near term, mid term, and long term.
(4) The bandwidth and data requirements of current major
operational systems of the Department of Defense and the
intelligence community, including an assessment of--
(A) whether such requirements are being
appropriately met by the bandwidth capacities and
capabilities described in paragraph (1); and
(B) the degree to which any such requirements are
not being met by such bandwidth capacities and
capabilities.
(5) The anticipated bandwidth and data requirements of major
operational systems of the Department of Defense and the
intelligence community planned for each of the near term, mid
term, and long term, including an assessment of--
(A) whether such anticipated requirements will be
appropriately met by the bandwidth capacities and
capabilities described in paragraph (2); and
(B) the degree to which any such requirements are
not anticipated to be met by such bandwidth capacities
and capabilities.
(6) Any mitigation concepts that could be used to satisfy
any unmet bandwidth and data requirements.
(7) The costs of meeting the bandwidth and data requirements
described in paragraphs (4) and (5).
(8) Any actions necessary to integrate or consolidate the
information networks of the Department of Defense and the
intelligence community.
[[Page 122 STAT. 4603]]
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense and the Director of National
Intelligence shall jointly submit to the congressional defense
committees, the Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House of
Representatives a report setting forth the results of the review
required by subsection (a).
(d) Formal Review <<NOTE: 10 USC 2366a note.>> Process for Bandwidth
Requirements.--The Secretary of Defense and the Director of National
Intelligence shall, as part of the Milestone B or Key Decision Point B
approval process for any major defense acquisition program or major
system acquisition program, establish a formal review process to ensure
that--
(1) the bandwidth requirements needed to support such
program are or will be met; and
(2) a determination will be made with respect to how to meet
the bandwidth requirements for such program.
(e) Definitions.--In this section:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
(2) Long term.--The term ``long term'' means the five-year
period beginning on the date that is 10 years after the date of
the enactment of this Act.
(3) Mid term.--The term ``mid term'' means the five-year
period beginning on the date that is five years after the date
of the enactment of this Act.
(4) Near term.--The term ``near term'' means the five-year
period beginning on the date of the enactment of this Act.
SEC. 1048. REVIEW OF FINDINGS AND RECOMMENDATIONS APPLICABLE TO
THE DEPARTMENT OF DEFENSE REGARDING
ELECTROMAGNETIC PULSE ATTACK.
(a) Review.--The Secretary of Defense shall conduct a review of the
findings and recommendations applicable to the Department of Defense
made in the reports of the Commission to Assess the Threat to the United
States from Electromagnetic Pulse Attack established under title XIV of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat. 165A-345).
(b) Reports.--
(1) In general.--The Secretary shall submit to the
congressional defense committees a report on the review required
by subsection (a) that shall include the following:
(A) A description of the findings and
recommendations described in that subsection that are
applicable to the Department of Defense.
(B) A plan for addressing the applicable findings
and implementing the applicable recommendations to the
extent practicable and feasible.
(C) If the Secretary determines that it is not
practicable or feasible to address an applicable finding
or implement an applicable recommendation, an
explanation clearly explaining each such determination.
[[Page 122 STAT. 4604]]
(D) A description of the capabilities of the
Department of Defense needed to protect and recover from
an electromagnetic pulse attack.
(E) Any research and development needed to address
any applicable finding or recommendation to enable the
Department of Defense to implement such recommendations
in the future.
(F) A description of the plans and programs that the
Department of Defense has in place or plans to put in
place to address the threat from electromagnetic pulse
attack.
(G) A description of the organizational and
management structure that the Department of Defense has
in place or plans to have in place to address the threat
from an electromagnetic pulse attack.
(H) A description of any impediments to implementing
any applicable recommendations.
(2) Submittal dates.--The report required by paragraph (1)
shall be submitted not later than September 1 of each odd
numbered year beginning in 2009 and ending in 2015.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
Subtitle F--Other Matters
SEC. 1051. ADDITIONAL INFORMATION UNDER ANNUAL SUBMISSIONS OF
INFORMATION REGARDING INFORMATION
TECHNOLOGY CAPITAL ASSETS.
Section 351 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2516; 10 U.S.C. 221
note) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1);
(C) in paragraph (1), as so redesignated, by
striking ``and an estimated total life cycle cost'' and
inserting ``or an estimated total cost''; and
(D) by adding at the end the following new paragraph
(2):
``(2) Information technology capital assets not covered by
paragraph (1) that have been determined by the Chief Information
Officer of the Department of Defense to be significant
investments.'';
(2) by striking subsection (b);
(3) by redesignating subsection (c) as subsection (b);
(4) in subsection (b), as so redesignated, by striking
``subsection (a)(2)'' and inserting ``subsection (a)(1)'';
(5) by inserting after subsection (b) the following new
subsection (c):
``(c) Required Information for Significant Investments.--With
respect to each information technology capital asset not covered by
paragraph (1) of subsection (a), but covered by paragraph (2) of that
subsection, the Secretary of Defense shall include such information in a
format that is appropriate to the current status of such asset.''; and
[[Page 122 STAT. 4605]]
(6) in subsection (d), by striking ``life cycle''.
SEC. 1052. SUBMISSION TO CONGRESS OF REVISION TO REGULATION ON
ENEMY PRISONERS OF WAR, RETAINED
PERSONNEL, CIVILIAN INTERNEES, AND OTHER
DETAINEES.
(a) Submission to Congress.--A successor regulation to Army
Regulation 190-8 Enemy Prisoners of War, Retained Personnel, Civilian
Internees and Other Detainees (dated October 1, 1997) may not be carried
out or implemented until the date that is 60 days after the date on
which the Secretary of Defense submits to the Committees on Armed
Services of the Senate and House of Representatives such successor
regulation.
(b) Savings Clause.--Nothing in this section shall affect the
continued effectiveness of Army Regulation 190-8 Enemy Prisoners of War,
Retained Personnel, Civilian Internees and Other Detainees (dated
October 1, 1997).
SEC. 1053. BARNEGAT INLET TO LITTLE EGG INLET, NEW JERSEY.
(a) Project Modification.--The project for hurricane and storm
damage reduction, Barnegat Inlet to Little Egg Inlet, New Jersey,
authorized by section 101(a)(1) of the Water Resources Development Act
of 2000 (114 Stat. 2576), is modified to authorize the Secretary of the
Army to undertake, at Federal expense, such measures as the Secretary
determines to be necessary and appropriate in the public interest to
address the handling of munitions placed on the beach during
construction of the project before the date of enactment of this
section.
(b) Treatment of Costs.--Costs incurred in carrying out subsection
(a) shall not be considered to be a cost of constructing the project.
(c) Credit.--The Secretary shall credit, in accordance with section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the
non-Federal share of the cost of the project the costs incurred by the
non-Federal interest with respect to the removal and handling of the
munitions referred to in subsection (a).
(d) Eligible Activities.--Measures authorized by subsection (a)
include monitoring, removal, and disposal of the munitions referred to
in subsection (a).
SEC. 1054. STANDING ADVISORY PANEL ON IMPROVING COORDINATION AMONG
THE DEPARTMENT OF DEFENSE, THE
DEPARTMENT OF STATE, AND THE UNITED
STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT ON MATTERS OF NATIONAL
SECURITY.
(a) Establishment of Advisory Panel.--The Secretary of Defense, the
Secretary of State, and the Administrator of the United States Agency
for International Development (USAID) may jointly establish an advisory
panel to advise, review, and make recommendations on ways to improve
coordination among the Department of Defense, the Department of State,
and the United States Agency for International Development on matters
relating to national security, including reviewing their respective
roles and responsibilities.
(b) Membership.--
(1) Composition.--The advisory panel shall be composed of 12
members, of whom--
[[Page 122 STAT. 4606]]
(A) three shall be appointed by the Secretary of
Defense, in consultation with the Secretary of State and
the Administrator;
(B) three shall be appointed by the Secretary of
Defense, with the advice of the Chairman of the Joint
Chiefs of Staff, and in consultation with the Secretary
of State and the Administrator;
(C) three shall be appointed by the Secretary of
State, in consultation with the Secretary of Defense and
the Administrator; and
(D) three shall be appointed by the Administrator,
in consultation with the Secretary of Defense and the
Secretary of State.
(2) Chairman.--The Secretary of Defense, the Secretary of
State, and the Administrator shall jointly designate one member
as chairman.
(3) Vice chairman.--The Secretary of Defense, the Secretary
of State, and the Administrator shall jointly designate one
member as vice chairman. The vice chairman may not be a member
appointed to the advisory panel under paragraph (1) by the same
Secretary or Administrator who appointed the member under such
paragraph who is designated as the chairman under paragraph (2).
(4) Expertise.--Members of the advisory panel shall be
private citizens of the United States with national recognition
and significant experience in the Federal Government, the Armed
Forces, public administration, foreign affairs, or development.
(5) Deadline for appointment.--All members of the advisory
panel should be appointed not earlier than January 20, 2009, and
not later than March 20, 2009.
(6) Terms.--The term of each member of the advisory panel is
for the life of the advisory panel.
(7) Vacancies.--A <<NOTE: Deadline.>> vacancy in the
advisory panel shall be filled not later than 30 days after such
vacancy occurs and in the manner in which the original
appointment was made.
(8) Security clearances.--The appropriate departments or
agencies of the Federal Government shall cooperate with the
advisory panel in expeditiously providing to the members and
staff of the advisory panel appropriate security clearances to
the extent possible pursuant to existing procedures and
requirements, except that no person shall be provided with
access to classified information under this section without the
appropriate security clearances.
(9) Status.--A member of the advisory panel who is not
otherwise employed by the Federal Government shall not be
considered to be a Federal employee, except for the purposes of
chapter 81 of title 5, United States Code, and chapter 171 of
title 28, United States Code.
(10) Expenses.--The members of the advisory panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, while away from their
homes or regular places of business in the performance of
services for the advisory panel.
(c) Meetings and Procedures.--
[[Page 122 STAT. 4607]]
(1) Initial <<NOTE: Deadline.>> meeting.--The advisory panel
shall conduct its first meeting not later than 30 days after the
date that all appointments to the advisory panel have been made
under subsection (b).
(2) Meetings.--The advisory panel shall meet not less often
than once every three months. The advisory panel may also meet
at the call of the Secretary of Defense, the Secretary of State,
or the Administrator.
(3) Procedures.--The advisory panel shall carry out its
duties under procedures established under subsection (d).
(d) Support of Federally Funded Research and Development Center.--
If <<NOTE: Deadline. Contracts.>> the advisory panel is established
under subsection (a), the Secretary of Defense, in consultation with the
Secretary of State and the Administrator, shall, not later than 60 days
after the date of the final appointment of the members of the advisory
panel pursuant to subsection (b)(5), enter into a contract with a
federally funded research and development center for the provision of
administrative and logistical support and assistance to the advisory
panel in carrying out its duties under this section. Such support and
assistance shall include the establishment of the procedures of the
advisory panel.
(e) Duties of Panel.--The advisory panel shall--
(1) analyze the roles and responsibilities of the Department
of Defense, the Department of State, and the USAID regarding--
(A) stability operations;
(B) foreign assistance (including security
assistance); and
(C) other areas the Secretary of Defense, the
Secretary of State, and the Administrator jointly agree
are appropriate;
(2) review--
(A) the structures and systems that coordinate
policy-making;
(B) the national security-related roles and
responsibilities of the Department of Defense, the
Department of State, USAID, and, as appropriate, other
relevant agencies to ensure effective coordination;
(C) the efforts of the Department of Defense, the
Department of State, USAID, and such other relevant
agencies to ensure that lessons learned and expertise
that is developed in carrying out programs related to
national security are shared among the departments and
agencies of the Federal Government, as appropriate; and
(D) the coordination of activities conducted abroad
and carried out by personnel of the Department of
Defense, Department of State, USAID, and such other
relevant agencies; and
(3) provide advice and make recommendations for otherwise
improving coordination between and among the Department of
Defense, the Department of State and USAID on matters of
national security.
(f) Cooperation of Other Agencies.--Upon request by the advisory
panel, any department or agency of the Federal Government shall provide
information that the advisory panel considers necessary to carry out its
duties.
(g) Reports.--
[[Page 122 STAT. 4608]]
(1) Interim report.--Not later than 180 days after the first
meeting of the advisory panel, the advisory panel shall submit
to the Secretary of Defense, the Secretary of State, and the
Administrator a report that identifies--
(A) aspects of the interagency structure and
processes relating to matters of national security that
should take priority in any effort to improve the
coordination among the Department of Defense, the
Department of State, and USAID; and
(B) methods to better coordinate the interagency
structure and processes relating to matters of national
security.
(2) Annual reports.--Not later than December 31 of the year
in which the interim report is submitted under paragraph (1),
the advisory panel shall submit to the Secretary of Defense, the
Secretary of State, and the Administrator a report on--
(A) the activities of the advisory panel;
(B) any deficiencies relating to coordination among
the Department of Defense, Department of States and
USAID and other relevant agencies on matters of national
security;
(C) any improvements made during the period covered
by the report to the coordination among the Department
of Defense, the Department of State, USAID, and other
relevant agencies on matters of national security;
(D) methods to better coordinate the interagency
structure and processes among the Department of Defense,
the Department of State, USAID, and other relevant
agencies on matters relating to national security; and
(E) such findings, conclusions, and recommendations
as the advisory panel considers appropriate.
(3) Submission of report to congress.--The Secretary of
Defense, the Secretary of State, and the Administrator shall
submit to the appropriate congressional committees the reports
required under this subsection and any additional information
considered appropriate.
(4) Congressional briefings.--Not <<NOTE: Deadline.>> later
than 30 days after the submission of each report required under
this subsection, the members of the advisory panel shall make
themselves available to meet with the appropriate congressional
committees to brief such committees on the matters contained in
the report.
(5) Appropriate committees.--For the purposes of this
subsection, the appropriate congressional committees are the
following:
(A) The Committees on Foreign Affairs, Armed
Services, and Appropriations of the House of
Representatives.
(B) The Committees on Foreign Relations, Armed
Services, and Appropriations of the Senate.
(h) Termination of Advisory Panel.--The advisory panel shall
terminate on December 31, 2012.
(i) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Stability operations.--The term ``stability operations''
means stability and reconstruction operations conducted by
departments or agencies of the Federal Government described by
Department of Defense Directive 3000.05, National Security
[[Page 122 STAT. 4609]]
Presidential Directive 1, or National Security Presidential
Directive 44.
(3) Federal agency.--The term ``Federal agency'' means any
entity included in chapter 1 of title 5, United States code.
SEC. 1055. REPORTS ON STRATEGIC COMMUNICATION AND PUBLIC DIPLOMACY
ACTIVITIES OF THE FEDERAL GOVERNMENT.
(a) Report by President.--
(1) Initial report.--Not later than December 31, 2009, the
President shall submit to the appropriate committees of Congress
a report on a comprehensive interagency strategy for public
diplomacy and strategic communication of the Federal Government,
including benchmarks and a timetable for achieving such
benchmarks.
(2) Elements of report.--The report required under paragraph
(1) shall include the following elements:
(A) Strategy.--A comprehensive interagency strategy,
which shall include the following:
(i) Prioritizing the mission of supporting
specific foreign policy objectives, such as
counterterrorism and efforts to combat extremist
ideology, in parallel and in complement with, as
appropriate, the broad mission of communicating
the policies and values of the United States to
foreign audiences.
(ii) Consolidating and elevating, as
appropriate, Federal Government leadership to
prioritize, manage, and implement the strategy
required by this subsection, including
consideration of whether to establish strategic
communication and public diplomacy positions at
the National Security Council and to establish a
single office to coordinate strategic
communication and public diplomacy efforts.
(iii) Improving coordination across
departments and agencies of the Federal Government
on strategic communications and public diplomacy.
(iv) Consideration of whether resources
devoted to strategic communication and public
diplomacy efforts should be increased.
(B) Study.--A study of whether to establish an
independent, not-for-profit organization responsible for
providing independent assessment and strategic guidance
to the Federal Government on strategic communication and
public diplomacy, as recommended by the Task Force on
Strategic Communication of the Defense Science Board.
(C) Roles of departments or agencies of the federal
government.--A description of the respective roles of
the National Security Council, the Department of
Defense, and the Department of State regarding strategic
communication and public diplomacy, including--
(i) a description of the roles of the offices
within the National Security Council, the
Department of Defense, and the Department of State
engaged in message outreach to audiences abroad;
and
(ii) an explanation of how the National
Security Council, the Department of Defense, and
the Department of State coordinate strategic
communication and public diplomacy activities.
[[Page 122 STAT. 4610]]
(3) Subsequent report.--Two years after the submission of
the initial report under paragraph (1), the President shall
submit to the appropriate committees of Congress a report on--
(A) the status of the implementation of the
strategy;
(B) progress toward achievement of benchmarks; and
(C) any changes to the strategy since the submission
of the initial report.
(b) Report by Secretary of Defense.--Not later than December 31,
2009, the Secretary of Defense shall review, and submit to the
congressional defense committees a report on, the organizational
structure within the Department of Defense for advising the Secretary on
the direction and priorities for strategic communication activities,
including an assessment of the option of establishing a board, composed
of representatives from among the organizations within the Department
responsible for strategic communications, public diplomacy, and public
affairs, and including advisory members from the broader interagency
community as appropriate, for purposes of--
(1) providing strategic direction for Department of Defense
efforts related to strategic communications and public
diplomacy; and
(2) setting priorities for the Department of Defense in the
areas of strategic communications and public diplomacy.
(c) Form and Availability of Reports.--
(1) Form.--The reports required by this section may be
submitted in a classified form.
(2) Availability.--Any unclassified portions of the reports
required by this section shall be made available to the public.
(d) Appropriate Committees.--For the purposes of this section, the
appropriate committees of Congress are the following:
(1) The Committees on Foreign Relations, Armed Services, and
Appropriations of the Senate.
(2) The Committees on Foreign Affairs, Armed Services, and
Appropriations of the House of Representatives.
SEC. 1056. <<NOTE: 10 USC 2241 note.>> PROHIBITIONS RELATING TO
PROPAGANDA.
(a) Prohibition.--No part of any funds authorized to be appropriated
in this or any other Act shall be used by the Department of Defense for
publicity or propaganda purposes within the United States not otherwise
specifically authorized by law.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Inspector General of the Department of Defense shall
submit to Congress a report on the findings of their project number
D2008-DIPOEF-0209.000, entitled ``Examination of Allegations Involving
DoD Office of Public Affairs Outreach Program''.
(c) Legal Opinion.--Not <<NOTE: Deadline.>> later than 120 days
after the date of the enactment of this Act, the Comptroller General of
the United States shall issue a legal opinion to Congress on whether the
Department of Defense violated appropriations prohibitions on publicity
or propaganda activities established in Public Laws 107-117, 107-248,
108-87, 108-287, 109-148, 109-289, and 110-116, the Department of
Defense Appropriations Acts for fiscal years 2002 through 2008,
respectively, by offering special access to prominent persons in the
private sector who serve as media analysts, including briefings and
information on war efforts, meetings with
[[Page 122 STAT. 4611]]
high level government officials, and trips to Iraq and Guantanamo Bay,
Cuba.
(d) Rule of Construction Related to Intelligence Activities.--
Nothing in this section shall be construed to apply to any lawful and
authorized intelligence activity of the United States Government.
SEC. 1057. SENSE OF CONGRESS ON INTERROGATION OF DETAINEES BY
CONTRACTOR PERSONNEL.
It is the sense of Congress that--
(1) the interrogation of enemy prisoners of war, civilian
internees, retained persons, other detainees, terrorists, and
criminals when captured, transferred, confined, or detained
during or in the aftermath of hostilities is an inherently
governmental function and cannot appropriately be transferred to
private sector contractors;
(2) not later than one year after the date of the enactment
of this Act, the Secretary of Defense should develop the
resources needed to ensure that interrogations described in
paragraph (1) can be conducted by government personnel and not
by private sector contractors; and
(3) properly trained and cleared contractors may
appropriately be used as linguists, interpreters, report
writers, information technology technicians, and other employees
filling ancillary positions, if the private sector contractors
are subject to the same rules, procedures, policies, and laws
pertaining to detainee operations and interrogations that govern
the execution of these positions by government personnel.
SEC. 1058. SENSE OF CONGRESS WITH RESPECT TO VIDEOTAPING OR
OTHERWISE ELECTRONICALLY RECORDING
STRATEGIC INTELLIGENCE INTERROGATIONS OF
PERSONS IN THE CUSTODY OF OR UNDER THE
EFFECTIVE CONTROL OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--It is the sense of Congress that the Secretary of
Defense should take such actions as are necessary to ensure that each
strategic intelligence interrogation of any person who is in the custody
or under the effective control of the Department of Defense or under
detention in a Department of Defense facility is videotaped or otherwise
electronically recorded.
(b) Strategic Intelligence Interrogation Defined.--For purposes of
this section, the term ``strategic intelligence interrogation'' means an
interrogation of a person described in subsection (a) conducted at a
theater-level detention facility.
SEC. 1059. <<NOTE: 10 USC 113 note.>> MODIFICATION OF DEADLINES
FOR STANDARDS REQUIRED FOR ENTRY TO
MILITARY INSTALLATIONS IN THE UNITED
STATES.
Section 1069(c) of the National Defense Authorization Act of Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 327) is amended--
(1) in paragraph (1)--
(A) by striking ``July 1, 2008'' and inserting
``February 1, 2009''; and
(B) by striking ``January 1, 2009'' and inserting
``October 1, 2010''; and
(2) in paragraph (2), by striking ``implemented'' and
inserting ``developed''.
[[Page 122 STAT. 4612]]
SEC. 1060. EXTENSION OF CERTAIN DATES FOR CONGRESSIONAL COMMISSION
ON THE STRATEGIC POSTURE OF THE UNITED
STATES.
(a) Extension of Dates.--Section 1062 of the National Defense
Authorization Act for Fiscal Year <<NOTE: Ante, p. 319.>> 2008 (Public
Law 110-181) is amended--
(1) in subsection (e), by striking ``December 1, 2008'' and
inserting ``April 1, 2009''; and
(2) in subsection (g), by striking ``June 1, 2009'' and
inserting ``September 30, 2009''.
(b) Interim Report.--Not later than December 1, 2008, the
Congressional Commission on the Strategic Posture of the United States
shall submit to the President, the Secretary of Defense, the Secretary
of Energy, the Secretary of State, the Committee on Armed Services of
the Senate, and the Committee on Armed Services of the House of
Representatives an interim report on the commission's initial findings,
conclusions, and recommendations. To the extent practicable, the interim
report shall address the matters required to be included in the report
under subsection (e) of such section 1062.
SEC. 1061. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The table of sections at the beginning of chapter 2 is
amended by inserting after the item relating to 118a the
following new item:
``118b. Quadrennial roles and missions review.''.
(2) The table of sections at the beginning of chapter 5 is
amended in the item relating to section 156 by inserting a
period at the end.
(3) The table of sections at the beginning of chapter 7 is
amended in the item relating to section 183 by inserting a
period at the end.
(4) Section 1477(e) is amended by inserting a period at the
end.
(5) Section 2192a is amended--
(A) in subsection (e)(4), by striking ``title 11,
United States Code,'' and inserting ``title 11''; and
(B) in subsection (f), by striking ``title 10,
United States Code'' and inserting ``this title''.
(6) The table of chapters at the beginning of subtitle C,
and the table of chapters at the beginning of part IV of such
subtitle, are each amended by striking the item relating to
chapter 667 and inserting the following new item:
``667. Issue of Serviceable Material Other Than to Armed Forces..7911''.
(b) National Defense Authorization Act for Fiscal Year 2008.--
Effective <<NOTE: Effective date.>> as of January 28, 2008, and as if
included therein as enacted, the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) is amended as follows:
(1) Section 371(c) (122 Stat. 80) is amended by striking ``
`operational strategies' '' and inserting `` `operational
systems' ''.
(2) Section 585(b)(3)(C) (122 Stat. 132) is amended by
inserting ``both places it appears'' before the period at the
end.
[[Page 122 STAT. 4613]]
(3) Section 703(b) (122 Stat. 103) is amended by striking
``as amended by'' and inserting ``as inserted by''.
(4) Section 805(a) (122 Stat. 212) is amended by striking
``Act ,'' and inserting ``Act,''.
(5) Section 883(b) (122 Stat. 264) is amended by striking
``Section 832(c)(1) of such Act, as redesignated by subsection
(a), is amend by'' and inserting ``Section 832(b)(1) of such Act
is amended by''.
(6) Section 890(d)(2) (122 Stat. 270) is amended by striking
``sections'' and inserting ``parts''.
(7) Section 904(a)(4) (122 Stat. 274) is amended by striking
``131(b)(2)'' and inserting ``131(b)''.
(8) Section 954(a)(3)(B) (122 Stat. 294) is amended by
inserting ``, as redesignated by section 524(a)(1)(A),'' after
``of such title''.
(9) Section 954(b)(2) (122 Stat. 294) is amended--
(A) by striking ``2114(e) of such title'' and
inserting ``2114(f) of such title, as redesignated by
section 524(a)(1)(A),''; and
(B) by striking the period at the end and inserting
``and inserting `President'.''.
(10) Section 1063(d)(1) (122 Stat. 323) is amended by
striking ``a semicolon after `subsection' '' and inserting ``a
comma after `subsection' ''.
(11) Section 1229(i)(3) (122 Stat. 383) is amended by
striking ``publically'' and inserting ``publicly''.
(12) Section 1422(e)(2) (122 Stat. 422) is amended by
striking ``subsection (c)'' and inserting ``subsection (c)(1)''.
(13) Section 1602(4) (122 Stat. 432) is amended by striking
``section 411 h(b)'' and inserting ``section 411h(b)(1)''.
(14) Section 1617(b) (122 Stat. 449) is amended by striking
``by adding at the end'' and inserting ``by inserting after the
item relating to section 1074k''.
(15) Section 2106 (122 Stat. 508) is amended by striking
``for 2007'' both places it appears and inserting ``for Fiscal
Year 2007''.
(16) Section 2826(a)(2)(A) (122 Stat. 546) is amended by
striking `` `Secretary of the Army' '' and inserting ``
`Secretary of Army' ''.
(c) Title 31, United States Code.--Title 31, United States Code, is
amended as follows:
(1) Chapter 35 is amended by striking the first section
3557.
(2) The second section 3557 is amended in the section
heading by striking ``Public-Private'' and inserting ``public-
private''.
(3) The table of sections at the beginning of chapter 35 is
amended by striking the second item relating to section 3557.
(d) Title 28, United States Code.--Section 1491(b) of title 28,
United States Code, is amended by striking the first paragraph (5).
(e) Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005.--Section 721(e) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
1988; 10 U.S.C. 1092 note) is
[[Page 122 STAT. 4614]]
amended by striking ``fiscal years 2005'' and all that follows through
``2010'' and inserting ``fiscal years 2005 through 2010''.
SEC. 1062. <<NOTE: 50 USC 2370.>> NOTIFICATION OF COMMITTEES ON
ARMED SERVICES WITH RESPECT TO CERTAIN
NONPROLIFERATION AND PROLIFERATION
ACTIVITIES.
(a) Notification With Respect to Nonproliferation Activities.--The
Secretary of Defense, the Secretary of Energy, the Secretary of
Commerce, the Secretary of State, and the Nuclear Regulatory Commission
shall keep the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives informed
with respect to--
(1) any activities undertaken by any such Secretary or the
Commission to carry out the purposes and policies of the
Secretaries and the Commission with respect to nonproliferation
programs; and
(2) any other activities undertaken by any such Secretary or
the Commission to prevent the proliferation of nuclear,
chemical, or biological weapons or the means of delivery of such
weapons.
(b) Notification With Respect to Proliferation Activities in Foreign
Nations.--
(1) In general.--The Director of National Intelligence shall
keep the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
fully and currently informed with respect to any activities of
foreign nations that are significant with respect to the
proliferation of nuclear, chemical, or biological weapons or the
means of delivery of such weapons.
(2) Fully and currently informed defined.--For purposes of
paragraph (1), the term ``fully and currently informed'' means
the transmittal of credible information with respect to an
activity described in such paragraph not later than 60 days
after becoming aware of the activity.
SEC. 1063. ASSESSMENT OF SECURITY MEASURES AT CONSOLIDATED CENTER
FOR NORTH AMERICAN AEROSPACE DEFENSE
COMMAND AND UNITED STATES NORTHERN
COMMAND.
(a) Assessment Required.--The Secretary of Defense shall conduct an
assessment of the adequacy of security measures for the consolidated
command center for North American Aerospace Defense Command and United
States Northern Command at Peterson Air Force Base, Colorado.
(b) Elements.--The assessment required in paragraph (a) shall
include the following:
(1) A description of the security measures taken and planned
for the consolidated command center as of October 1, 2008.
(2) An assessment of whether existing and planned security
measures for the consolidated command center are adequate to
provide the necessary level of protection.
(3) An estimate of the total costs associated with such
security measures adequate to provide the necessary level of
protection.
(c) Report Required.--Not later than March 1, 2009, the Secretary of
Defense shall submit to the congressional defense committees a report
containing the results of the assessment required in subsection (a).
[[Page 122 STAT. 4615]]
(d) Additional <<NOTE: Certification.>> Requirement.--The Secretary
of Defense shall ensure that redundant facilities and equipment, along
with the appropriate manning necessary to ensure the continuity of
operations, are maintained at Cheyenne Mountain Air Force Station until
the Secretary certifies that security measures have been instituted that
bring the consolidated command center for North American Aerospace
Defense Command and United States Northern Command into full compliance
with Protection Level One requirements, as defined by Air Force
Instruction 31-101, dated March 1, 2007.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Authority to waive annual limitation on premium pay and
aggregate limitation on pay for Federal civilian employees
working overseas.
Sec. 1102. Temporary discretionary authority to grant allowances,
benefits, and gratuities to personnel on official duty in a
combat zone.
Sec. 1103. Election of insurance coverage by Federal civilian employees
deployed in support of a contingency operation.
Sec. 1104. Extension of authority to make lump-sum severance payments.
Sec. 1105. Extension of voluntary reduction-in-force authority of
Department of Defense.
Sec. 1106. Enhancement of authorities relating to additional positions
under the national security personnel system.
Sec. 1107. Expedited hiring authority for health care professionals.
Sec. 1108. Direct hire authority at personnel demonstration laboratories
for certain candidates.
Sec. 1109. Status reports relating to laboratory personnel demonstration
projects.
Sec. 1110. Technical amendment relating to definition of professional
accounting position for purposes of certification and
credentialing standards.
Sec. 1111. Exceptions and adjustments to limitations on personnel and
reports on such exceptions and adjustments.
SEC. 1101. AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM PAY AND
AGGREGATE LIMITATION ON PAY FOR FEDERAL
CIVILIAN EMPLOYEES WORKING OVERSEAS.
(a) Waiver Authority.--During calendar year 2009, and
notwithstanding section 5547 of title 5, United States Code, the head of
an Executive agency may waive the premium pay limitations established in
that section up to the annual rate of salary payable to the Vice
President under section 104 of title 3, United States Code, for an
employee who performs work while in an overseas location that is in the
area of responsibility of the Commander of the United States Central
Command, or an overseas location that was formerly in the area of
responsibility of the Commander of the United States Central Command but
has been moved to the area of responsibility of the Commander of the
United States Africa Command, in direct support of, or directly related
to--
(1) a military operation, including a contingency operation;
or
(2) an operation in response to a national emergency
declared by the President.
(b) Applicability of Aggregate Limitation on Pay.--Section 5307 of
title 5, United States Code, shall not apply to any employee in any
calendar year in which that employee is granted a waiver under
subsection (a).
(c) Additional Pay Not Considered Basic Pay.--To the extent that a
waiver under subsection (a) results in payment of additional premium pay
of a type that is normally creditable as
[[Page 122 STAT. 4616]]
basic pay for retirement or any other purpose, such additional pay shall
not be considered to be basic pay for any purpose, nor shall it be used
in computing a lump-sum payment for accumulated and accrued annual leave
under section 5551 of title 5, United States Code.
(d) Regulations.--The Director of the Office of Personnel Management
may issue regulations to ensure appropriate consistency among heads of
executive agencies in the exercise of authority granted by this section.
SEC. 1102. TEMPORARY DISCRETIONARY AUTHORITY TO GRANT ALLOWANCES,
BENEFITS, AND GRATUITIES TO PERSONNEL ON
OFFICIAL DUTY IN A COMBAT ZONE.
(a) In General.--Section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443) is amended--
(1) by striking ``During fiscal years 2006, 2007, and 2008''
and inserting ``(1) During fiscal years 2006 (including the
period beginning on October 1, 2005, and ending on June 15,
2006), 2007, and 2008''; and
(2) by adding at the end the following:
``(2) During fiscal years 2009, 2010, and 2011, the head of an
agency may, in the agency head's discretion, provide to an individual
employed by, or assigned or detailed to, such agency allowances,
benefits, and gratuities comparable to those provided by the Secretary
of State to members of the Foreign Service under section 413 and chapter
9 of title I of the Foreign Service Act of 1980, if such individual is
on official duty in a combat zone (as defined by section 112(c) of the
Internal Revenue Code of 1986).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Emergency
Supplemental Appropriations Act for Defense, the Global War on Terror,
and Hurricane Recovery, 2006 (Public Law 109-234).
SEC. 1103. ELECTION OF INSURANCE COVERAGE BY FEDERAL CIVILIAN
EMPLOYEES DEPLOYED IN SUPPORT OF A
CONTINGENCY OPERATION.
(a) Automatic Coverage.--Section 8702(c) of title 5, United States
Code, is amended--
(1) by inserting ``an employee who is deployed in support of
a contingency operation (as that term is defined in section
101(a)(13) of title 10) or'' after ``subsection (b),''; and
(2) by striking ``the date of the'' and inserting ``the date
of notification of deployment or''.
(b) Optional Insurance.--Section 8714a(b) of such title is amended--
(1) by designating the text as paragraph (2); and
(2) by inserting before paragraph (2), as so designated, the
following new paragraph (1):
``(1) An <<NOTE: Deadline.>> employee who is deployed in support of
a contingency operation (as that term is defined in section 101(a)(13)
of title 10) or an employee of the Department of Defense who is
designated as emergency essential under section 1580 of title 10 shall
be insured under the policy of insurance under this section if the
employee, within 60 days after the date of notification of deployment or
designation, elects to be insured under the policy of insurance. An
election under this paragraph shall be effective when provided
[[Page 122 STAT. 4617]]
to the Office in writing, in the form prescribed by the Office, within
such 60-day period.''.
(c) Additional Optional Life Insurance.--Section 8714b(b) of such
title is amended--
(1) by designating the text as paragraph (2); and
(2) by inserting before paragraph (2), as so designated, the
following new paragraph (1):
``(1) <<NOTE: Deadline.>> An employee who is deployed in support of
a contingency operation (as that term is defined in section 101(a)(13)
of title 10) or an employee of the Department of Defense who is
designated as emergency essential under section 1580 of title 10 shall
be insured under the policy of insurance under this section if the
employee, within 60 days after the date of notification of deployment or
designation, elects to be insured under the policy of insurance. An
election under this paragraph shall be effective when provided to the
Office in writing, in the form prescribed by the Office, within such 60-
day period.''.
SEC. 1104. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM SEVERANCE
PAYMENTS.
Section 5595(i)(4) of title 5, United States Code, is amended by
striking ``October 1, 2010'' and inserting ``October 1, 2014''.
SEC. 1105. EXTENSION OF VOLUNTARY REDUCTION-IN-FORCE AUTHORITY OF
DEPARTMENT OF DEFENSE.
Section 3502(f)(5) of title 5, United States Code, is amended by
striking ``September 30, 2010'' and inserting ``September 30, 2014''.
SEC. 1106. ENHANCEMENT OF AUTHORITIES RELATING TO ADDITIONAL
POSITIONS UNDER THE NATIONAL SECURITY
PERSONNEL SYSTEM.
Section 9902(i) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking ``the requirements of
chapter 71 and the limitations in subsection (b)(3)'' and
inserting ``the requirements and limitations in paragraph (3)'';
and
(2) by striking the period at the end of paragraph (2) and
inserting ``, in a manner comparable to that in which such
provisions are applied under chapter 33.
``(3) Any action taken by the Secretary pursuant to the
authority of this subsection shall be subject to--
``(A) the requirements of chapter 71; and
``(B) <<NOTE: Waiver authority.>> the limitations in
subsection (b)(3), except that the requirements of
chapter 33 may be waived to the extent necessary to
achieve the purposes of this subsection.''.
SEC. 1107. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE
PROFESSIONALS.
(a) Expedited Hiring Authority.--Section 1599c(a) of title 10,
United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary of Defense
may''; and
(2) by adding at the end the following new paragraph:
``(2)(A) For purposes of sections 3304, 5333, and 5753 of title 5,
the Secretary of Defense may--
[[Page 122 STAT. 4618]]
``(i) designate any category of medical or health
professional positions within the Department of Defense as
shortage category positions; and
``(ii) utilize the authorities in such sections to recruit
and appoint highly qualified persons directly to positions so
designated.
``(B) <<NOTE: Applicability.>> In using the authority provided by
this paragraph, the Secretary shall apply the principles of preference
for the hiring of veterans and other persons established in subchapter 1
of chapter 33 of title 5.''.
(b) Termination of Authority.--Section 1599c(c) of such title is
amended--
(1) by inserting ``(1)'' before ``The authority of'';
(2) by striking ``September 30, 2010'' and inserting
``September 30, 2012''; and
(3) by adding at the end the following new paragraph:
``(2) The Secretary may not appoint a person to a position of
employment under subsection (a)(2) after September 30, 2012.''.
SEC. 1108. <<NOTE: 10 USC 1580 note.>> DIRECT HIRE AUTHORITY AT
PERSONNEL DEMONSTRATION LABORATORIES FOR
CERTAIN CANDIDATES.
(a) Authority.--The Secretary of Defense may appoint qualified
candidates possessing an advanced degree to positions described in
subsection (b) without regard to the provisions of subchapter I of
chapter 33 of title 5, United States Code, other than sections 3303 and
3328 of such title.
(b) Applicability.--This section applies with respect to candidates
for scientific and engineering positions within any laboratory
identified in section 9902(c)(2) of title 5, United States Code.
(c) Limitation.--(1) Authority under this section may not, in any
calendar year and with respect to any laboratory, be exercised with
respect to a number of candidates greater than the number equal to 2
percent of the total number of scientific and engineering positions
within such laboratory that are filled as of the close of the fiscal
year last ending before the start of such calendar year.
(2) For purposes of this subsection, positions and candidates shall
be counted on a full-time equivalent basis.
(d) Employee Defined.--As used in this section, the term
``employee'' has the meaning given such term by section 2105 of title 5,
United States Code.
(e) Termination.--The authority to make appointments under this
section shall not be available after December 31, 2013.
SEC. 1109. <<NOTE: 10 USC 2358 note.>> STATUS REPORTS RELATING TO
LABORATORY PERSONNEL DEMONSTRATION
PROJECTS.
Section 1107 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 357) is amended by adding at
the end the following:
``(e) Status Reports.--
``(1) In general.--Not later than 45 days after the date of
the enactment of this Act and not later than March 1 of each
year beginning after the date on which the first report under
this subsection is submitted, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report providing, with respect to the
year before the year in which such report is submitted, the
information described in paragraph (2).
[[Page 122 STAT. 4619]]
``(2) Information required.--Each report under this
subsection shall describe the following:
``(A) The actions taken by the Secretary of Defense
under subsection (a) during the year covered by the
report.
``(B) The progress made by the Secretary of Defense
during such year in developing and implementing the plan
required by subsection (b), including the anticipated
date for completion of such plan and a list and
description of any issues relating to the development or
implementation of such plan.
``(C) With respect to any applications by any
Department of Defense laboratories seeking to be
designated as a demonstration laboratory or to otherwise
obtain any of the personnel flexibilities available to a
demonstration laboratory--
``(i) the number of applications that were
received, pending, or acted on during such year;
``(ii) the status or disposition of any
applications under clause (i), including, in the
case of any application on which a final decision
was rendered, the laboratory involved, what the
laboratory had requested, the decision reached,
and the reasons for the decision; and
``(iii) in the case of any applications under
clause (i) on which a final decision was not
rendered, the date by which a final decision is
anticipated.
``(3) Definition.--For purposes of this subsection, the term
`demonstration laboratory' means a laboratory designated by the
Secretary of Defense under the provisions of section 342(b) of
the National Defense Authorization Act for Fiscal Year 1995 (as
cited in subsection (a)).''.
SEC. 1110. TECHNICAL AMENDMENT RELATING TO DEFINITION OF
PROFESSIONAL ACCOUNTING POSITION FOR
PURPOSES OF CERTIFICATION AND
CREDENTIALING STANDARDS.
Section 1599d(e) of title 10, United States Code, is amended by
striking ``GS-510, GS-511, and GS-505'' and inserting ``0505, 0510,
0511, or equivalent''.
SEC. 1111. <<NOTE: 10 USC 143 note.>> EXCEPTIONS AND ADJUSTMENTS
TO LIMITATIONS ON PERSONNEL AND REPORTS
ON SUCH EXCEPTIONS AND ADJUSTMENTS.
(a) Exception to Limitations on Personnel.--For fiscal year 2009 and
fiscal years thereafter, the baseline personnel limitations in sections
143, 194, 3014, 5014, and 8014 of title 10, United States Code (as
adjusted pursuant to subsection (b)), shall not apply to--
(1) acquisition personnel hired pursuant to the expedited
hiring authority provided in section 1705(h) of title 10, United
States Code, as amended by section 821 of this Act, or otherwise
hired with funds in the Department of Defense Acquisition
Workforce Development Fund established in accordance with
section 1705(a) of such title; or
(2) personnel hired pursuant to a shortage category
designation by the Secretary of Defense or the Director of the
Office of Personnel Management.
(b) Authority to Adjust Limitations on Personnel.--For fiscal year
2009 and for four fiscal years thereafter, the Secretary
[[Page 122 STAT. 4620]]
of Defense or a secretary of a military department may adjust the
baseline personnel limitations in sections 143, 194, 3014, 5014 and 8014
of title 10, United States Code, to--
(1) fill a gap in the civilian workforce of the Department
of Defense identified by the Secretary of Defense in a strategic
human capital plan submitted to Congress in accordance with the
requirements of--
(A) section 1122 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 10 U.S.C. prec. 1580 note);
(B) section 1102 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2407); or
(C) section 851 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. note prec. 1580); or
(2) accommodate increases in workload or modify the type of
personnel required to accomplish work, for any purpose described
in paragraphs (1) through (4) of subsection (c).
(c) Limitation on Authority to Adjust Limitations on Personnel.--The
Secretary of Defense or the secretary of a military department may not
increase a baseline personnel limitation under paragraph (2) of
subsection (b) by more than 5 percent in a fiscal year. An increase in a
baseline personnel limitation under such paragraph may be made for any
of the following purposes:
(1) Performance of inherently governmental functions.
(2) Performance of work pursuant to section 2463 of title 10
United States Code.
(3) Ability to maintain sufficient organic expertise and
technical capability.
(4) Performance of work that, while the position may not
exercise an inherently governmental function, nevertheless
should be performed only by officers or employees of the Federal
Government or members of the Armed Forces because of the
critical nature of the work.
(d) Report Required.--The Secretary of Defense shall submit a report
to the congressional defense committees on the implementation of this
section at the same time that the defense budget materials for each of
the four fiscal years after fiscal year 2009 are presented to Congress.
The report shall include the following information regarding the
implementation of this section during the preceding fiscal year:
(1) The average number of military personnel, civilian
employees of the Department of Defense, and contractor employees
assigned to or detailed to permanent duty in--
(A) the Office of the Secretary of Defense;
(B) the management headquarters activities and
management headquarters support activities in the
Defense Agencies and Department of Defense Field
Activities;
(C) the Office of the Secretary of the Army and the
Army Staff;
(D) the Office of the Secretary of the Navy, the
Office of Chief of Naval Operations, and the
Headquarters, Marine Corps; and
(E) the Office of the Secretary of the Air Force and
the Air Staff.
[[Page 122 STAT. 4621]]
(2) An estimate of the number of personnel hired pursuant to
an exception in subsection (a) in each office described in
subparagraphs (A) through (E) of paragraph (1).
(3) The amount of any adjustment in the limitation on
personnel made by the Secretary of Defense or the secretary of a
military department, and, for each adjustment made pursuant to
subsection (b)(2), the purpose of the adjustment.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Extension of authority to build the capacity of the Pakistan
Frontier Corps.
Sec. 1202. Availability across fiscal years of funds for military-to-
military contacts and comparable activities.
Sec. 1203. Availability across fiscal years of funds to pay incremental
expenses for participation of developing countries in
combined exercises.
Sec. 1204. Extension of temporary authority to use acquisition and
cross-servicing agreements to lend military equipment for
personnel protection and survivability.
Sec. 1205. Authority for distribution to certain foreign personnel of
education and training materials and information technology
to enhance military interoperability with the Armed Forces.
Sec. 1206. Modification and extension of authorities relating to program
to build the capacity of foreign military forces.
Sec. 1207. Extension of authority and increased funding for security and
stabilization assistance.
Sec. 1208. Extension and expansion of authority for support of special
operations to combat terrorism.
Sec. 1209. Increase in amount available for costs of education and
training of foreign military forces under Regional Defense
Combating Terrorism Fellowship Program.
Subtitle B--Matters Relating to Iraq and Afghanistan
Sec. 1211. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1212. Report on status of forces agreements between the United
States and Iraq.
Sec. 1213. Strategy for United States-led Provincial Reconstruction
Teams in Iraq.
Sec. 1214. Commanders' Emergency Response Program.
Sec. 1215. Performance monitoring system for United States-led
Provincial Reconstruction Teams in Afghanistan.
Sec. 1216. Report on command and control structure for military forces
operating in Afghanistan.
Sec. 1217. Reports on enhancing security and stability in the region
along the border of Afghanistan and Pakistan.
Sec. 1218. Study and report on Police Transition Teams to train, assist,
and advise units of the Iraqi Police Service.
Subtitle C--Other Matters
Sec. 1231. Payment of personnel expenses for multilateral cooperation
programs.
Sec. 1232. Participation of the Department of Defense in multinational
military centers of excellence.
Sec. 1233. Review of security risks of participation by defense
contractors in certain space activities of the People's
Republic of China.
Sec. 1234. Report on Iran's capability to produce nuclear weapons.
Sec. 1235. Employment for resettled Iraqis.
Sec. 1236. Extension and modification of updates on report on claims
relating to the bombing of the Labelle Discotheque.
Sec. 1237. Report on utilization of certain global partnership
authorities.
Sec. 1238. Modification and repeal of requirement to submit certain
annual reports to Congress regarding allied contributions to
the common defense.
[[Page 122 STAT. 4622]]
Subtitle A--Assistance and Training
SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CAPACITY OF THE
PAKISTAN FRONTIER CORPS.
(a) Authority.--Subsection (a) of section 1206 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 366) is amended by striking ``during fiscal year 2008'' and
inserting ``during fiscal years 2008 and 2009''.
(b) Funding Limitation.--Subsection (c)(1) of such section is
amended by inserting after ``fiscal year 2008'' the following: ``and up
to $25,000,000 of funds available to the Department of Defense for
operation and maintenance for fiscal year 2009''.
SEC. 1202. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS FOR MILITARY-
TO-MILITARY CONTACTS AND COMPARABLE
ACTIVITIES.
(a) In General.--Section 168(e) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(5) Funds available to carry out this section shall be available,
to the extent provided in appropriations Acts, for programs or
activities under this section that begin in a fiscal year and end in the
following fiscal year.''.
(b) Effective <<NOTE: 10 USC 168 note.>> Date.--The amendment made
by subsection (a) shall take effect on October 1, 2008, and shall apply
with respect to programs and activities under section 168 of title 10,
United States Code, as so amended, that begin on or after that date.
SEC. 1203. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS TO PAY
INCREMENTAL EXPENSES FOR PARTICIPATION
OF DEVELOPING COUNTRIES IN COMBINED
EXERCISES.
(a) In General.--Section 2010 of title 10, United States Code, is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Funds available to carry out this section shall be available,
to the extent provided in appropriations Acts, for bilateral or
multilateral military exercises that begin in a fiscal year and end in
the following fiscal year.''.
(b) Effective <<NOTE: 10 USC 2010 note.>> Date.--The amendments made
by subsection (a) shall take effect on October 1, 2008, and shall apply
with respect to bilateral and multilateral military exercises described
in section 2010 of title 10, United States Code, as so amended, that
begin on or after that date.
SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND
CROSS-SERVICING AGREEMENTS TO LEND
MILITARY EQUIPMENT FOR PERSONNEL
PROTECTION AND SURVIVABILITY.
(a) Semiannual Reports to Congressional Committees.--Subsection
(b)(3) of section 1202 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2412) is amended
by adding at the end the following new subparagraph:
``(E) With respect to equipment provided to each
foreign force that is not returned to the United States,
a description
[[Page 122 STAT. 4623]]
of the terms of disposition of the equipment to the
foreign force.
``(F) The percentage of equipment provided to
foreign forces under the authority of this section that
is not returned to the United States.''.
(b) Expiration.--Subsection (e) of such section, as amended by
section 1252(b) of National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 402), is further amended by striking
``September 30, 2009'' and inserting ``September 30, 2011''.
SEC. 1205. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN PERSONNEL
OF EDUCATION AND TRAINING MATERIALS AND
INFORMATION TECHNOLOGY TO ENHANCE
MILITARY INTEROPERABILITY WITH THE ARMED
FORCES.
(a) Authority for Distribution.--
(1) In general.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2249d. Distribution to certain foreign personnel of
education and training materials and
information technology to enhance military
interoperability with the armed forces
``(a) Distribution Authorized.--To enhance interoperability between
the armed forces and military forces of friendly foreign nations, the
Secretary of Defense, with the concurrence of the Secretary of State,
may--
``(1) provide to personnel referred to in subsection (b)
electronically-distributed learning content for the education
and training of such personnel for the development or
enhancement of allied and friendly military and civilian
capabilities for multinational operations, including joint
exercises and coalition operations; and
``(2) provide information technology, including computer
software developed for such purpose, but only to the extent
necessary to support the use of such learning content for the
education and training of such personnel.
``(b) Authorized Recipients.--The personnel to whom learning content
and information technology may be provided under subsection (a) are
military and civilian personnel of a friendly foreign government, with
the permission of that government.
``(c) Education and Training.--Any education and training provided
under subsection (a) shall include the following:
``(1) Internet-based education and training.
``(2) Advanced distributed learning and similar Internet
learning tools, as well as distributed training and computer-
assisted exercises.
``(d) Applicability of Export Control Regimes.--The provision of
learning content and information technology under this section shall be
subject to the provisions of the Arms Export Control Act (22 U.S.C. 2751
et seq.) and any other export control regime under law relating to the
transfer of military technology to foreign nations.
``(e) Guidance on Utilization of Authority.--
[[Page 122 STAT. 4624]]
``(1) Guidance required.--The Secretary of Defense shall
develop and issue guidance on the procedures for the use of the
authority in this section.
``(2) Modification.--If <<NOTE: Reports. Deadline.>> the
Secretary modifies the guidance issued under paragraph (1), the
Secretary shall submit to the appropriate committees of Congress
a report setting forth the modified guidance not later than 30
days after the date of such modification.
``(f) Annual Report.--
``(1) Report required.--Not later than October 31 following
each fiscal year in which the authority in this section is used,
the Secretary of Defense shall submit to the appropriate
committees of Congress a report on the exercise of the authority
during such fiscal year.
``(2) Elements.--Each report under paragraph (1) shall
include, for the fiscal year covered by such report, the
following:
``(A) A statement of the recipients of learning
content and information technology provided under this
section.
``(B) A description of the type, quantity, and value
of the learning content and information technology
provided under this section.
``(g) Appropriate Committees of Congress Defined.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
``(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 134 of such title is
amended by adding at the end the following new item:
``2249d. Distribution to certain foreign personnel of education and
training materials and information technology to enhance
military interoperability with the armed forces.''.
(b) Guidance <<NOTE: 10 USC 2249d note.>> on Utilization of
Authority.--
(1) Submittal to congress.--Not <<NOTE: Deadline.>> later
than 30 days after issuing the guidance required by section
2249d(e) of title 10, United States Code, as added by subsection
(a), the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report setting forth such guidance.
(2) Utilization of similar guidance.--In developing the
guidance required by section 2249d(e) of title 10, United States
Code, as so added, the Secretary may utilize applicable portions
of the current guidance developed by the Secretary under
subsection (f) of section 1207 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2419) for purposes of the exercise of the
authority in such section 1207.
(c) Repeal of Superseded Authority.--
(1) In general.--Section 1207 of the John Warner National
Defense Authorization Act for Fiscal Year <<NOTE: 120 Stat.
2419.>> 2007 is repealed.
(2) Submittal of final report on exercise of authority.--If
the Secretary of Defense exercised the authority in section 1207
of the John Warner National Defense Authorization Act for Fiscal
Year 2007 during fiscal year 2008, the Secretary shall submit
the report required by subsection (g) of such section for such
fiscal year in accordance with the
[[Page 122 STAT. 4625]]
provisions of such subsection (g) without regard to the repeal
of such section under paragraph (1).
(d) Effective <<NOTE: 10 USC 2249d note.>> Date.--This section and
the amendments made by this section shall take effect on October 1,
2008.
SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO
PROGRAM TO BUILD THE CAPACITY OF FOREIGN
MILITARY FORCES.
(a) Building of Capacity of Additional Foreign Forces.--Subsection
(a) of section 1206 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3456), as amended by section
1206 of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2418), is further amended by
striking ``a program'' and all that follows and inserting ``a program or
programs as follows:
``(1) To build the capacity of a foreign country's national
military forces in order for that country to--
``(A) conduct counterterrorism operations; or
``(B) participate in or support military and
stability operations in which the United States Armed
Forces are participating.
``(2) To build the capacity of a foreign country's maritime
security forces to conduct counterterrorism operations.''.
(b) Funding.--Subsection (c) of such section, as so amended, is
further amended--
(1) in paragraph (1), by striking ``$300,000,000'' and
inserting ``$350,000,000''; and
(2) by adding at the end the following new paragraph:
``(4) Availability of funds for activities across fiscal
years.--Amounts available under this subsection for the
authority in subsection (a) for a fiscal year may be used for
programs under that authority that begin in such fiscal year but
end in the next fiscal year.''.
(c) Three-Year Extension of Authority.--Subsection (g) of such
section, as so amended, is further amended--
(1) by striking ``September 30, 2008'' and inserting
``September 30, 2011''; and
(2) by striking ``fiscal year 2006, 2007, or 2008'' and
inserting ``fiscal years 2006 through 2011''.
(d) Effective Date.--The amendment made by subsection (b)(2) shall
take effect on October 1, 2008, and shall apply with respect to programs
under the authority in subsection (a) of section 1206 of the National
Defense Authorization Act for Fiscal Year 2006, as so amended, that
begin on or after that date.
SEC. 1207. EXTENSION OF AUTHORITY AND INCREASED FUNDING FOR
SECURITY AND STABILIZATION ASSISTANCE.
(a) Prohibition on Budget Support.--Subsection (a) of section 1207
of the National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3458) is amended--
(1) by striking ``The Secretary of Defense'' and inserting
the following:
``(1) In general.--The Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(2) Prohibition on budget support.--Nothing in this
section shall be construed to authorize the provision of budget
support to any foreign country.''.
[[Page 122 STAT. 4626]]
(b) Assistance to Georgia During Fiscal Year 2009.--Subsection (b)
of such section is amended--
(1) by striking ``The aggregate value'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
aggregate value''; and
(2) by adding at the end the following new paragraph:
``(2) Assistance to georgia during fiscal year 2009.--
``(A) In general.--The Secretary of Defense is
authorized during fiscal year 2009 to exercise the
authority of subsection (a) to provide services to, and
transfer defense articles and funds to, the Secretary of
State for the purposes of facilitating the provision by
the Secretary of State of reconstruction, security, or
stabilization assistance to the country of Georgia.
``(B) Limitation.--The aggregate value of all
services, defense articles, and funds provided or
transferred to the Secretary of State under this section
for Georgia in fiscal year 2009--
``(i) may not exceed $50,000,000; and
``(ii) shall not count against the dollar
amount limitation specified in paragraph (1) for
such fiscal year.''.
(c) Extension of Authority.--Subsection (g) of such section, as
amended by section 1210(b) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 369), is further amended
by striking ``September 30, 2008'' and inserting ``September 30, 2009''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008.
SEC. 1208. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT OF
SPECIAL OPERATIONS TO COMBAT TERRORISM.
(a) In General.--Subsection (a) of section 1208 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118 Stat. 2086) is amended--
(1) by inserting ``, with the concurrence of the relevant
Chief of Mission,'' after ``may''; and
(2) by striking ``$25,000,000'' and inserting
``$35,000,000''.
(b) Timing of Notice on Provision of Support.--Subsection (c) of
such section is amended by striking ``in not less than 48 hours'' and
inserting ``within 48 hours''.
(c) Extension.--Subsection (h) of such section, as amended by
section 1202(c) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 364), is further amended by
striking ``2010'' and inserting ``2013''.
(d) Technical Amendment.--The heading of such section is amended by
striking ``military operations'' and inserting ``special operations''.
(e) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008.
[[Page 122 STAT. 4627]]
SEC. 1209. INCREASE IN AMOUNT AVAILABLE FOR COSTS OF EDUCATION AND
TRAINING OF FOREIGN MILITARY FORCES
UNDER REGIONAL DEFENSE COMBATING
TERRORISM FELLOWSHIP PROGRAM.
(a) Increase in Amount.--Section 2249c(b) of title 10, United States
Code, is amended by striking ``$25,000,000'' and inserting
``$35,000,000''.
(b) Effective <<NOTE: 10 USC 2249c note.>> Date.--The amendment made
by subsection (a) shall take effect on October 1, 2008, and shall apply
with respect to fiscal years beginning on or after that date.
Subtitle B--Matters Relating to Iraq and Afghanistan
SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
PURPOSES RELATING TO IRAQ.
No funds appropriated pursuant to an authorization of appropriations
in this Act may be obligated or expended for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control of the oil resources
of Iraq.
SEC. 1212. <<NOTE: President.>> REPORT ON STATUS OF FORCES
AGREEMENTS BETWEEN THE UNITED STATES AND
IRAQ.
(a) Requirement for Report.--
(1) In general.--(A) Not later than 90 days after the date
of the enactment of this Act, the President shall transmit to
the appropriate congressional committees a report on any
agreement that has been completed between the United States and
Iraq relating to--
(i) the legal status of United States military
personnel, civilian personnel, and contractor personnel
of contracts awarded by any department or agency of the
United States Government;
(ii) the establishment of or access to military
bases;
(iii) the rules of engagement under which United
States Armed Forces operate in Iraq; and
(iv) any security commitment, arrangement, or
assurance that obligates the United States to respond to
internal or external threats against Iraq.
(B) <<NOTE: Notification.>> If, on the date that is 90 days
after the date of the enactment of this Act, no agreement
between the United States and Iraq described in subparagraph (A)
has been completed, the President shall notify the appropriate
congressional committees that no such agreement has been
completed, and shall transmit to the appropriate congressional
committees the report required under subparagraph (A) as soon as
practicable after such an agreement or agreements are completed.
(2) Update of report.--The President shall transmit to the
appropriate congressional committees an update of the report
required under paragraph (1) whenever an agreement between the
United States and Iraq relating to the matters described in the
report is substantially revised.
[[Page 122 STAT. 4628]]
(b) Matters to Be Included.--The report required under subsection
(a) shall include, with respect to each agreement described in
subsection (a), the following:
(1) A description of any conditions placed on United States
combat operations by the Government of Iraq, including required
coordination, if any, before such operations can be undertaken.
(2) A description of any constraints placed on United States
military personnel, civilian personnel, and contractor personnel
of contracts awarded by any department or agency of the United
States Government as a result of such conditions.
(3) A description of the conditions under which United
States military personnel, civilian personnel, or contractor
personnel of contracts awarded by any department or agency of
the United States Government could be tried by an Iraqi court
for alleged crimes occurring both during the performance of
official duties and during other such times, and the protections
that such personnel would be extended in an Iraqi court, if
applicable.
(4) An assessment of authorities under the agreement for
United States Armed Forces and Coalition partners to apprehend,
detain, and interrogate prisoners and otherwise collect
intelligence.
(5) A description of any security commitment, arrangement,
or assurance that obligates the United States to respond to
internal or external threats against Iraq, including the manner
in which such commitment, arrangement, or assurance may be
implemented.
(6) An assessment of any payments required under the
agreement to be paid to the Government of Iraq or other Iraqi
entities for rights, access, or support for bases and
facilities.
(7) An assessment of any payments required under the
agreement for any claims for deaths and damages caused by United
States military personnel, civilian personnel, and contractor
personnel of contracts awarded by any department or agency of
the United States Government in the performance of their
official duties.
(8) A description of the arrangements required under the
agreement to resolve disputes arising over matters contained in
the agreement or to consider changes to the agreement.
(9) A discussion of the extent to which the agreement
applies to other Coalition partners.
(10) A description of how the agreement can be terminated by
the United States or Iraq.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(e) Termination of Requirement.--
[[Page 122 STAT. 4629]]
(1) In general.--Except as provided in paragraph (2), the
requirement to transmit the report and updates of the report
under subsection (a) terminates on December 31, 2009.
(2) Exception.--The requirement to transmit the report and
updates of the report under subsection (a) terminates before
December 31, 2009, if the following conditions are met:
(A) The President transmits to the appropriate
congressional committees the text of any agreement
between the United States and Iraq described in
subsection (a)(1)(A) and any amendment or update
thereto.
(B) <<NOTE: Deadline.>> Within 30 days of
transmission of the agreement, the President makes
available appropriate senior officials to brief the
appropriate congressional committees on the matters
covered by the agreement or any amendment or update
thereto.
SEC. 1213. <<NOTE: President. 22 USC 2151 note.>> STRATEGY FOR
UNITED STATES-LED PROVINCIAL
RECONSTRUCTION TEAMS IN IRAQ.
(a) In General.--The President shall establish and implement a
strategy for United States-led Provincial Reconstruction Teams (PRTs),
including embedded PRTs and Provincial Support Teams, in Iraq that
ensures that such United States-led PRTs are--
(1) supporting the operational and strategic goals of the
Multi-National Force-Iraq; and
(2) developing the capacity of national, provincial, and
local government and other civil institutions in Iraq to assume
increasing responsibility for the formulation, implementation,
and oversight of reconstruction and development activities.
(b) Elements of Strategy.--At a minimum, the strategy required under
subsection (a) shall include--
(1) a mission statement and clearly defined objectives for
United States-led PRTs as a whole;
(2) a mission statement and clearly defined objectives for
each United States-led PRT; and
(3) measures of effectiveness and performance indicators for
meeting the objectives of each United States-led PRT as
described in paragraph (2).
(c) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter through
the end of fiscal year 2010, the President shall transmit to the
appropriate congressional committees a report on the
implementation of the strategy required under subsection (a),
including an assessment of the specific contributions United
States-led PRTs are making to implement the strategy. The
initial report required under this subsection should include a
general description of the strategy required under subsection
(a) and a general discussion of the elements of the strategy
required under subsection (b).
(2) Inclusion in other report.--The report required under
this subsection may be included in the report required by
section 1227 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
[[Page 122 STAT. 4630]]
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 1214. COMMANDERS' EMERGENCY RESPONSE PROGRAM.
(a) Authority for Fiscal Years 2008 and 2009.--Subsection (a) of
section 1202 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3455), as amended by section 1205 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 366), is further amended in the matter preceding
paragraph (1)--
(1) by striking ``$977,441,000'' and inserting
``$1,700,000,000 in fiscal year 2008 and $1,500,000,000 in
fiscal year 2009,''; and
(2) by striking ``in such fiscal year''.
(b) Quarterly Reports.--Subsection (b) of such section, as so
amended, is further amended--
(1) in the heading, by inserting ``and Briefings'' after
``Reports'';
(2) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(3) by adding at the end the following new paragraphs:
``(2) Additional matters to be included.--In addition to the
information described in paragraph (1), each report required
under paragraph (1) that contains information on projects
carried out using funds authorized under the Commanders'
Emergency Response Program in Iraq shall include the following:
``(A) A listing of each project for which amounts in
excess of $500,000 provided through the Commanders'
Emergency Response Program in Iraq were expended.
``(B) A written statement by the Secretary of
Defense, or the Deputy Secretary of Defense if the
authority under subsection (f) is delegated to the
Deputy Secretary of Defense, affirming that the
certification required under subsection (f) was issued
for each project in Iraq for which amounts in excess of
$1,000,000 provided through the Commanders' Emergency
Response Program in Iraq were expended.
``(C) For each project listed in subparagraph (A),
the following information:
``(i) A description and justification for
carrying out the project
``(ii) A description of the extent of
involvement by the Government of Iraq in the
project, including--
``(I) the amount of funds provided
by the Government of Iraq for the
project; and
``(II) a description of the plan for
the transition of such project upon
completion to the people of Iraq and for
the sustainment of any completed
facilities, including any commitments by
the Government of Iraq to sustain
projects requiring the support of the
Government of Iraq for sustainment.
[[Page 122 STAT. 4631]]
``(iii) A description of the current status of
the project, including, where appropriate, the
projected completion date.
``(D) A description of the status of transitioning
activities carried out under the Commanders' Emergency
Response Program in Iraq to the Government of Iraq,
including--
``(i) the level of funding provided by the
Government of Iraq for the Government of Iraq
Commanders' Emergency Response Program (commonly
known as `I-CERP');
``(ii) the level of funding provided and
expended by the Government of Iraq in other
programs designed to meet urgent humanitarian
relief and reconstruction requirements that
immediately assist the Iraqi people; and
``(iii) a description of the progress made in
transitioning the responsibility for the Sons of
Iraq Program to the Government of Iraq.
``(3) Briefings.--Not <<NOTE: Deadline.>> later than 15 days
after the submission of each report under paragraph (1),
appropriate officials of the Department of Defense shall meet
with the congressional defense committees to brief such
committees on the matters contained in the report.''.
(c) Prohibition on Certain Projects Under the Commanders' Emergency
Response Program in Iraq.--Such section, as so amended, is further
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Prohibition on Certain Projects Under the Commanders'
Emergency Response Program in Iraq.--
``(1) Prohibition.--Except as provided in paragraph (2),
funds made available under this section for the Commanders'
Emergency Response Program in Iraq may not be obligated or
expended to carry out any project commenced after the date of
the enactment of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 if the total amount of
such funds made available for the purpose of carrying out the
project exceeds $2,000,000.
``(2) Exception.--The prohibition contained in paragraph (1)
shall not apply with respect to funds managed or controlled by
the Department of Defense that were otherwise provided by
another department or agency of the United States Government,
the Government of Iraq, the government of a foreign country, a
foundation or other charitable organization (including a
foundation or charitable organization that is organized or
operates under the laws of a foreign country), or any source in
the private sector of the United States or a foreign country.
``(3) Waiver.--The Secretary of Defense may waive the
prohibition contained in paragraph (1) if the Secretary of
Defense--
``(A) determines that such a waiver is required to
meet urgent humanitarian relief and reconstruction
requirements that will immediately assist the Iraqi
people; and
[[Page 122 STAT. 4632]]
``(B) submits <<NOTE: Deadline. Notification.>> in
writing, within 15 days of issuing such waiver, to the
congressional defense committees a notification of the
waiver, together with a discussion of--
``(i) the unmet and urgent needs to be
addressed by the project; and
``(ii) any arrangements between the Government
of the United States and the Government of Iraq
regarding the provision of Iraqi funds for
carrying out and sustaining the project .''.
(d) Certification on Certain Projects Under the Commanders'
Emergency Response Program in Iraq.--Such section, as so amended, is
further amended--
(1) by redesignating subsection (f), as redesignated by
subsection (c) of this section, as subsection (g); and
(2) by inserting after subsection (e), as added by
subsection (c) of this section, the following new subsection:
``(f) Certification on Certain Projects Under the Commanders'
Emergency Response Program in Iraq.--
``(1) Certification.--Funds made available under this
section for the Commanders' Emergency Response Program in Iraq
may not be obligated or expended to carry out any project
commenced after the date of the enactment of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 if the
total amount of such funds made available for the purpose of
carrying out the project exceeds $1,000,000 unless the Secretary
of Defense certifies that the project addresses urgent
humanitarian relief and reconstruction requirements that will
immediately assist the Iraqi people.
``(2) Delegation.--The Secretary may delegate the authority
under paragraph (1) to the Deputy Secretary of Defense.''.
(e) Sense of Congress.--It is the sense of Congress that the
Government of Iraq should assume increasing responsibility for funding
and carrying out projects currently funded by the United States through
the Commanders' Emergency Response Program, and should assume all costs
associated with the Sons of Iraq program as expeditiously as possible.
SEC. 1215. <<NOTE: 22 USC 7513 note.>> PERFORMANCE MONITORING
SYSTEM FOR UNITED STATES-LED PROVINCIAL
RECONSTRUCTION TEAMS IN AFGHANISTAN.
(a) In General.--The <<NOTE: President.>> President, acting through
the Secretary of Defense and the Secretary of State, shall develop and
implement a system to monitor the performance of United States-led
Provincial Reconstruction Teams (PRTs) in Afghanistan.
(b) Elements of Performance Monitoring System.--The performance
monitoring system required under subsection (a) shall include--
(1) PRT-specific work plans that incorporate the long-term
strategy, mission, and clearly defined objectives required by
section 1230(c)(3) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 386), and
include plans for developing the capacity of national,
provincial, and local government and other civil institutions in
Afghanistan to assume increasing responsibility for the
formulation, implementation, and oversight of reconstruction and
development activities; and
[[Page 122 STAT. 4633]]
(2) comprehensive performance indicators and measures of
progress toward sustainable long-term security and stability in
Afghanistan, and include performance standards and progress
goals together with a notional timetable for achieving such
goals, consistent with the requirements of section 1230(d) of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 388).
(c) Report.--Not <<NOTE: President.>> later than 90 days after the
date of the enactment of this Act, the President shall submit to the
appropriate congressional committees a report on the implementation of
the performance monitoring system required under subsection (a).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 1216. <<NOTE: 10 USC 113 note.>> REPORT ON COMMAND AND
CONTROL STRUCTURE FOR MILITARY FORCES
OPERATING IN AFGHANISTAN.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, or December 1, 2008, whichever occurs later, the
Secretary of Defense shall submit to the appropriate congressional
committees a report on the command and control structure for military
forces operating in Afghanistan.
(b) Matters to Be Included.--The report required under subsection
(a) shall include the following:
(1) A detailed description of efforts by the Secretary of
Defense, in coordination with senior leaders of NATO ISAF
forces, including the commander of NATO ISAF forces, to modify
the chain of command structure for military forces operating in
Afghanistan to better coordinate and de-conflict military
operations and achieve unity of command whenever possible in
Afghanistan, and the results of such efforts, including--
(A) any United States or NATO ISAF plan for
improving the command and control structure for military
forces operating in Afghanistan; and
(B) any efforts to establish a headquarters in
Afghanistan that is led by a commander--
(i) with command authority over NATO ISAF
forces and separate United States forces operating
under Operation Enduring Freedom and charged with
closely coordinating the efforts of such forces;
and
(ii) responsible for coordinating other United
States and international security efforts in
Afghanistan.
(2) A description of how rules of engagement are determined
and managed for United States forces operating under NATO ISAF
or Operation Enduring Freedom, and a description of any key
differences between rules of engagement for NATO ISAF forces and
separate United States forces operating under Operation Enduring
Freedom.
[[Page 122 STAT. 4634]]
(3) An assessment of how any modifications to the command
and control structure for military forces operating in
Afghanistan would impact coordination of military and civilian
efforts in Afghanistan.
(c) Update of Report.--The Secretary of Defense shall submit to the
appropriate congressional committees an update of the report required
under subsection (a) as warranted by any modifications to the command
and control structure for military forces operating in Afghanistan as
described in the report.
(d) Form.--The report required under subsection (a) and any update
of the report required under subsection (c) shall be submitted in an
unclassified form, but may include a classified annex, if necessary.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1217. REPORTS ON ENHANCING SECURITY AND STABILITY IN THE
REGION ALONG THE BORDER OF AFGHANISTAN
AND PAKISTAN.
(a) Additional Reports Required.--Subsection (a) of section 1232 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 392) is amended--
(1) in the heading of paragraph (1), by striking ``In
general'' and inserting ``Initial report'';
(2) by striking paragraph (4);
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph:
``(3) Subsequent reports.--Concurrent with the submission of
each report submitted under section 1230 after the date of the
enactment of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate congressional committees, a report on enhancing
security and stability in the region along the border of
Afghanistan and Pakistan. Each such report shall include the
following:
``(A) A description of the matters required to be
included in the initial report required under paragraph
(1).
``(B) A description of any peace agreements between
the Government of Pakistan and tribal leaders from
regions along the Afghanistan-Pakistan border that
contain commitments to prevent cross-border incursions
into Afghanistan and any mechanisms in such agreements
to enforce such commitments.
``(C) An assessment of the effectiveness of such
peace agreements in preventing cross-border incursions
and of the Government of Pakistan in enforcing those
agreements.''.
(b) Copy of Notification Relating to Department of Defense Coalition
Support Funds for Pakistan.--Subsection
[[Page 122 STAT. 4635]]
(b)(1) of such section is amended by adding at the end the following new
subparagraph:
``(C) Copy of notification.--The Secretary of
Defense shall submit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on
Foreign Relations of the Senate a copy of each
notification required under subparagraph (A).''.
(c) Additional Information on Department of Defense Coalition
Support Funds for Pakistan.--Subsection (b) of such section is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Requirement to submit information relating to claims
disallowed or deferred by the united states.--
``(A) In general.--The Secretary of Defense shall
submit, in the manner specified in subparagraph (B), an
itemized description of the costs claimed by the
Government of Pakistan for logistical, military, or
other support provided by Pakistan to the United States
for which the United States will disallow or defer
reimbursement to the Government of Pakistan under the
authority of any provision of law described in paragraph
(1)(B).
``(B) Manner of submission.--
``(i) In general.--To the maximum extent
practicable, the Secretary shall submit each
itemized description of costs required under
subparagraph (A) as part of the notification
required under paragraph (1).
``(ii) Alternative submission.--To the extent
that an itemized description of costs required
under subparagraph (A) is not submitted in
accordance with clause (i), the Secretary shall
submit such description not later than 180 days
after the date on which a decision to disallow or
defer reimbursement for the costs claimed is made.
``(C) Form.--Each itemized description of costs
required under subparagraph (B) shall be submitted in an
unclassified form, but may include a classified annex,
if necessary.''.
(d) Extension of Notification Requirement Relating to Department of
Defense Coalition Support Funds for Pakistan.--Subsection (b)(6) of such
section, as redesignated by subsection (c) of this section, is amended
by striking ``September 30, 2009'' and inserting ``September 30, 2010''.
(e) Report Relating to Department of Defense Coalition Support Funds
for Pakistan.--Such section is further amended by adding at the end the
following new subsection:
``(c) Report Relating to Department of Defense Coalition Support
Funds for Pakistan.--
``(1) Report required.--Not later than 180 days after the
date of the enactment of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009, the Secretary of Defense
shall submit to the appropriate congressional committees a
report that contains a detailed description of efforts by the
Secretary of Defense to address the findings and implement the
recommendations made by the Government Accountability Office in
its report entitled `Combating Terrorism: Increased
[[Page 122 STAT. 4636]]
Oversight and Accountability Needed Over Pakistan Reimbursement
Claims for Coalition Support Funds' (GAO-08-806; June 24, 2008).
``(2) Appropriate congressional committee defined.--In this
subsection, the term `appropriate congressional committees' has
the meaning given the term in subsection (a)(5).''.
SEC. 1218. STUDY AND REPORT ON POLICE TRANSITION TEAMS TO TRAIN,
ASSIST, AND ADVISE UNITS OF THE IRAQI
POLICE SERVICE.
(a) Study and Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State and the Government of Iraq, shall conduct a study
and submit to the appropriate congressional committees a report
containing the recommendations of the Secretary of Defense on--
(1) the number of personnel required for Police Transition
Teams to train, assist, and advise units of the Iraqi Police
Service in fiscal year 2009 and in fiscal year 2010;
(2) the funding required to support the level of personnel
described in paragraph (1) in fiscal year 2009 and in fiscal
year 2010; and
(3) the feasibility of transferring responsibility for the
provision of the personnel described in paragraph (1) and the
support described in paragraph (2) from the Department of
Defense to the Department of State.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex if
required.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
Subtitle C--Other Matters
SEC. 1231. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL
COOPERATION PROGRAMS.
(a) Expansion of Authority for Bilateral and Regional Programs to
Cover Multilateral Programs.--Section 1051 of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``a bilateral'' and
inserting ``a multilateral, bilateral,''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``to and'' and inserting ``to,
from, and''; and
(ii) by striking ``bilateral'' and inserting
``multilateral, bilateral,''; and
(B) in paragraph (2), by striking ``bilateral'' and
inserting ``multilateral, bilateral,''.
(b) Availability of Funds for Programs and Activities Across Fiscal
Years.--
[[Page 122 STAT. 4637]]
(1) In general.--Such section is further amended by adding
at the end the following new subsection:
``(e) Funds available to carry out this section shall be available,
to the extent provided in appropriations Acts, for programs and
activities under this section that begin in a fiscal year and end in the
following fiscal year.''.
(2) Effective <<NOTE: 10 USC 1051 note.>> date.--The
amendment made by paragraph (1) shall take effect on October 1,
2008, and shall apply with respect to programs and activities
under section 1051 of title 10, United States Code, as so
amended, that begin on or after that date.
(c) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 1051. Multilateral, bilateral, or regional cooperation
programs: payment of personnel expenses''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 53 of such title is amended by striking the
item relating to section 1051 and inserting the following new
item:
``1051. Multilateral, bilateral, or regional cooperation programs:
payment of personnel expenses.''.
SEC. 1232. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN
MULTINATIONAL MILITARY CENTERS OF
EXCELLENCE.
(a) Participation Authorized.--
(1) In general.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2350m. Participation in multinational military centers of
excellence
``(a) Participation Authorized.--The Secretary of Defense may, with
the concurrence of the Secretary of State, authorize the participation
of members of the armed forces and Department of Defense civilian
personnel in any multinational military center of excellence for
purposes of--
``(1) enhancing the ability of military forces and civilian
personnel of the nations participating in such center to engage
in joint exercises or coalition or international military
operations; or
``(2) improving interoperability between the armed forces
and the military forces of friendly foreign nations.
``(b) Memorandum of Understanding.--(1) The participation of members
of the armed forces or Department of Defense civilian personnel in a
multinational military center of excellence under subsection (a) shall
be in accordance with the terms of one or more memoranda of
understanding entered into by the Secretary of Defense, with the
concurrence of the Secretary of State, and the foreign nation or nations
concerned.
``(2) If Department of Defense facilities, equipment, or funds are
used to support a multinational military center of excellence under
subsection (a), the memoranda of understanding under paragraph (1) with
respect to that center shall provide details of any cost-sharing
arrangement or other funding arrangement.
[[Page 122 STAT. 4638]]
``(c) Availability of Appropriated Funds.--(1) Funds appropriated to
the Department of Defense for operation and maintenance are available as
follows:
``(A) To pay the United States share of the operating
expenses of any multinational military center of excellence in
which the United States participates under this section.
``(B) To pay the costs of the participation of members of
the armed forces and Department of Defense civilian personnel in
multinational military centers of excellence under this section,
including the costs of expenses of such participants.
``(2) No funds may be used under this section to fund the pay or
salaries of members of the armed forces and Department of Defense
civilian personnel who participate in multinational military centers of
excellence under this section.
``(d) Use of Department of Defense Facilities and Equipment.--
Facilities and equipment of the Department of Defense may be used for
purposes of the support of multinational military centers of excellence
under this section that are hosted by the Department.
``(e) Annual Reports on Use of Authority.--(1) Not later than
October 31, 2009, and annually thereafter, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the use of the authority in this section during the preceding fiscal
year.
``(2) Each report required by paragraph (1) shall include, for the
fiscal year covered by such report, the following:
``(A) A detailed description of the participation of the
Department of Defense, and of members of the armed forces and
civilian personnel of the Department, in multinational military
centers of excellence under the authority of this section.
``(B) For each multinational military center of excellence
in which the Department of Defense, or members of the armed
forces or civilian personnel of the Department, so
participated--
``(i) a description of such multinational military
center of excellence;
``(ii) a description of the activities participated
in by the Department, or by members of the armed forces
or civilian personnel of the Department; and
``(iii) a statement of the costs of the Department
for such participation, including--
``(I) a statement of the United States share
of the expenses of such center and a statement of
the percentage of the United States share of the
expenses of such center to the total expenses of
such center; and
``(II) a statement of the amount of such costs
(including a separate statement of the amount of
costs paid for under the authority of this section
by category of costs).
``(f) Multinational Military Center of Excellence Defined.--In this
section, the term `multinational military center of excellence' means an
entity sponsored by one or more nations that is accredited and approved
by the Military Committee of the North Atlantic Treaty Organization
(NATO) as offering recognized expertise and experience to personnel
participating in the activities
[[Page 122 STAT. 4639]]
of such entity for the benefit of NATO by providing such personnel
opportunities to--
``(1) enhance education and training;
``(2) improve interoperability and capabilities;
``(3) assist in the development of doctrine; and
``(4) validate concepts through experimentation.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 138 of such title is
amended by adding at the end the following new item:
``2350m. Participation in multinational military centers of
excellence.''.
(b) Repeal of Superseded Authority.--Section 1205 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2416) is repealed.
(c) Effective <<NOTE: 10 USC 2350m note.>> Date.--The amendments
made by this section shall take effect on October 1, 2008.
SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY DEFENSE
CONTRACTORS IN CERTAIN SPACE ACTIVITIES
OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Review Required.--The Secretary of Defense shall conduct a
review to determine whether there are any security risks associated with
participation by covered contractors in certain space activities of the
People's Republic of China.
(b) Matters to Be Included.--The review required under subsection
(a) shall include, at a minimum, a review of the following:
(1) Whether there have been any incidents with respect to
which a determination has been made that an improper disclosure
of covered information by a covered contractor has occurred
during the five-year period ending on the date of the enactment
of this Act.
(2) The increase, if any, in the number of covered
contractors expected to occur during the 5-year period beginning
on the date of the enactment of this Act.
(3) The extent to which the policies and procedures of the
Department of Defense are sufficient to protect against the
improper disclosure of covered information by a covered
contractor during the 5-year period beginning on the date of the
enactment of this Act.
(4) The Secretary's conclusions regarding awards of
contracts by the Department of Defense to covered contractors
after the date of the enactment of this Act.
(5) Any other matters that the Secretary determines to be
appropriate to include in the review.
(c) Cooperation From Other Departments and Agencies.--The Secretary
of State, the Director of National Intelligence, and the head of any
other United States Government department or agency shall cooperate in a
complete and timely manner to provide the Secretary of Defense with data
and other information necessary for the Secretary of Defense to carry
out the review required under subsection (a).
(d) Report.--
(1) In general.--Not later than March 1, 2009, the Secretary
of Defense shall submit to the congressional defense committees
a report on the review required under subsection (a).
[[Page 122 STAT. 4640]]
(2) Form.--The report required under this subsection shall
include a summary in unclassified form to the maximum extent
practicable.
(e) Definitions.--In this section:
(1) Certain space activities of the people's republic of
china.--The term ``certain space activities of the People's
Republic of China'' means--
(A) the development or manufacture of satellites for
launch from the People's Republic of China; and
(B) the launch of satellites from the People's
Republic of China.
(2) Covered contractor.--The term ``covered contractor''
means a contractor of the Department of Defense, and any
subcontractor (at any tier) of the contractor, that--
(A) has access to covered information; and
(B) participates, or is part of a joint venture that
participates, or whose parent, sister, subsidiary, or
affiliate company participates, in certain space
activities in the People's Republic of China.
(3) Covered information.--The term ``covered information''
means classified information and sensitive controlled
unclassified information obtained under contracts (or
subcontracts of such contracts) of the Department of Defense.
SEC. 1234. <<NOTE: 50 USC 2367 note.>> REPORT ON IRAN'S CAPABILITY
TO PRODUCE NUCLEAR WEAPONS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Director of National
Intelligence shall submit to Congress a report on Iran's capability to
produce nuclear weapons. The report required under this subsection may
be submitted in classified form.
(b) Matters to Be Included.--The report required under subsection
(a) shall include the following:
(1) The locations, types, and number of centrifuges and
other specialized equipment necessary for the enrichment of
uranium and any plans to acquire, manufacture, and operate such
equipment in the future.
(2) An estimate of the amount, if any, of highly enriched
uranium and weapons grade plutonium acquired or produced to
date, an estimate of the amount of weapons grade plutonium that
is likely to be produced or acquired in the near- and midterms
and the amount of highly enriched uranium that is likely to be
produced or acquired in the near- and midterms, and the number
of nuclear weapons that could be produced with such materials.
(3) A evaluation of the extent to which security and
safeguards at any nuclear site prevent, slow, verify, or help
monitor the enrichment of uranium or the reprocessing of
plutonium into weapons-grade materials.
(4) A description of any weaponization activities, such as
the research, design, development, or testing of nuclear weapons
or weapons-related components.
(5) A description of any programs to construct, acquire,
test, or improve methods to deliver nuclear weapons, including
an assessment of the likely progress of such programs in the
near- and mid-terms.
[[Page 122 STAT. 4641]]
(6) A summary of assessments made by allies of the United
States of Iran's nuclear weapons program and nuclear-capable
delivery systems programs.
(c) Notification.--The <<NOTE: President.>> President shall notify
Congress, in writing, within 15 days of determining that--
(1) Iran has resumed a nuclear weapons program;
(2) Iran has met or surpassed any major milestone in its
nuclear weapons program; or
(3) Iran has undertaken to accelerate, decelerate, or cease
the development of any significant element within its nuclear
weapons program.
SEC. 1235. <<NOTE: 10 USC 1580 note.>> EMPLOYMENT FOR RESETTLED
IRAQIS.
(a) In General.--The Secretary of Defense and the Secretary of State
are authorized to jointly establish and operate a temporary program to
offer employment as translators, interpreters, or cultural awareness
instructors to individuals described in subsection (b). Individuals
described in such subsection may be appointed to temporary positions of
one year or less outside Iraq with either the Department of Defense or
the Department of State, without competition and without regard for the
provisions of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code. Such individuals may also be hired as personal
services contractors by either of such Departments to provide
translation, interpreting, or cultural awareness instruction, except
that such individuals so hired shall not by virtue of such employment be
considered employees of the United States Government, except for
purposes of chapter 81 of title 5, United States Code, and chapter 171
of title 28, United States Code.
(b) Eligibility.--Individuals referred to in subsection (a) are
Iraqi nationals who--
(1) have received a special immigrant visa issued pursuant
to section 1059 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163) or section 1244 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181); and
(2) are lawfully present in the United States.
(c) Funding.--
(1) In general.--Except as provided in paragraph (2), the
program established under subsection (a) shall be funded from
the annual general operating budget of the Department of
Defense.
(2) Exception.--The Secretary of State shall reimburse the
Department of Defense for any costs associated with individuals
described in subsection (b) whose work is for or on behalf of
the Department of State.
(d) Rule of Construction Regarding Access to Classified
Information.--Nothing in this section may be construed as affecting in
any manner practices and procedures regarding the handling of or access
to classified information.
(e) Information Sharing.--The Secretary of Defense and the Secretary
of State shall work with the Secretary of Homeland Security and the
Office of Refugee Resettlement of the Department of Health and Human
Services to ensure that individuals described in subsection (b) are
informed of the program established under subsection (a).
[[Page 122 STAT. 4642]]
(f) Regulation.--The Secretary of Defense, jointly with the
Secretary of State and with the concurrence of the Director of the
Office of Personnel Management, shall prescribe such regulations as are
necessary to carry out the program established under subsection (a),
including ensuring the suitability for employment described in
subsection (a) of individuals described in subsection (b), determining
the number of positions, and establishing pay scales and hiring
procedures.
(g) Termination.--
(1) In general.--Except as provided in paragraph (2), the
program established under subsection (a) shall terminate on
December 31, 2014.
(2) Earlier termination.--
If <<NOTE: Notification. Deadline.>> the Secretary of Defense,
jointly with the Secretary of State, determines that the program
established under subsection (a) should terminate before the
date specified in paragraph (1), the Secretaries may terminate
the program if the Secretaries notify Congress in writing of
such termination at least 180 days before such termination.
SEC. 1236. EXTENSION AND MODIFICATION OF UPDATES ON REPORT ON
CLAIMS RELATING TO THE BOMBING OF THE
LABELLE DISCOTHEQUE.
Section 1225(b) of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3465), as amended by section
1261(1)(B) of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 405), is further amended--
(1) in paragraph (2)--
(A) <<NOTE: Deadlines.>> by striking ``Not later
than one year after enactment of this Act, and not later
than two years after enactment of this Act'' and
inserting ``Not later than 90 days after the date of the
enactment of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009, and every 180
days thereafter''; and
(B) by adding at the end the following new sentence:
``Each update under this paragraph after the date of the
enactment of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 shall be
submitted in unclassified form, but may include a
classified annex.''; and
(2) by adding at the end the following new paragraph:
``(3) Termination.--The requirement to submit updates under
paragraph (2) shall terminate upon submission by the Secretary
of State to Congress of the certification described in section
5(a)(2) of the Libya Claims Resolution Act (Public Law 110-301;
122 Stat. 3000).''.
SEC. 1237. REPORT ON UTILIZATION OF CERTAIN GLOBAL PARTNERSHIP
AUTHORITIES.
(a) In General.--Not later than December 31, 2010, the Secretary of
Defense and the Secretary of State shall jointly submit to the
appropriate committees of Congress a report on the implementation of the
Building Global Partnership authorities during the period beginning on
the date of the enactment of this Act and ending on September 30, 2010.
(b) Elements.--The report required by subsection (a) shall include
the following:
[[Page 122 STAT. 4643]]
(1) A detailed summary of the programs conducted under the
Building Global Partnership authorities during the period
covered by the report, including, for each country receiving
assistance under such a program, a description of the assistance
provided and its cost.
(2) An assessment of the impact of the assistance provided
under the Building Global Partnership authorities with respect
to each country receiving assistance under such authorities.
(3) A description of--
(A) the processes used by the Department of Defense
and the Department of State to jointly formulate,
prioritize, and select projects to be funded under the
Building Global Partnership authorities; and
(B) the processes, if any, used by the Department of
Defense and the Department of State to evaluate the
success of each project so funded after its completion.
(4) A statement of the projects initiated under the Building
Global Partnership authorities that were subsequently
transitioned to and sustained under the authorities of the
Foreign Assistance Act of 1961 or other authorities.
(5) An assessment of the utility of the Building Global
Partnership authorities, and of any gaps in such authorities,
including an assessment of the feasability and advisability of
continuing such authorities beyond their current dates of
expiration (whether in their current form or with such
modifications as the Secretary of Defense and the Secretary of
State jointly consider appropriate).
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives.
(2) Building global partnership authorities.--The term
``Building Global Partnership authorities'' means the following:
(A) Authority for building capacity of foreign
military forces.--The authorities provided in section
1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456),
as amended by section 1206 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2418) and section 1206 of this
Act.
(B) Authority for security and stabilization
assistance.--The authorities provided in section 1207 of
the National Defense Authorization Act for Fiscal Year
2006 (119 Stat. 3458), as amended by section 1210 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 369) and section 1207 of
this Act.
(C) Civic assistance authorities under combatant
commander initiative fund.--The authority to engage in
urgent and unanticipated civic assistance under the
Combatant Commander Initiative Fund under section
166a(b)(6) of title 10, United States Code, as a result
of
[[Page 122 STAT. 4644]]
the amendments made by section 902 of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(120 Stat. 2351).
SEC. 1238. MODIFICATION AND REPEAL OF REQUIREMENT TO SUBMIT
CERTAIN ANNUAL REPORTS TO CONGRESS
REGARDING ALLIED CONTRIBUTIONS TO THE
COMMON DEFENSE.
(a) Modification of Certain Reports on Allied Contributions to the
Common Defense.--Section 1003 of the Department of Defense Authorization
Act, 1985 (Public Law 98-525; 98 Stat. 2576) <<NOTE: 22 USC 1928
note.>> is amended--
(1) by striking subsections (c) and (d); and
(2) adding at the end the following new subsections:
``(c) The Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives each year, not later than March 1, a report
containing a description of--
``(1) annual defense spending by each member nation of NATO,
by each member nation of the Euro-Atlantic Partnership Council
(EAPC), and by Japan, including available nominal budget figures
and defense spending as a percentage of the respective nation's
gross domestic product for the fiscal year immediately preceding
the fiscal year in which the report is submitted;
``(2) activities of each NATO member nation, each EAPC
member nation, and Japan to contribute to military or stability
operations in which the United States Armed Forces are a
participant;
``(3) any limitations that such nations place on the use of
their national contributions described in paragraph (2); and
``(4) any actions undertaken by the United States Government
to minimize those limitations described in paragraph (3).
``(d) The report required under subsection (c) shall be submitted in
unclassified form, but may include a classified annex.''
(b) Repeal of Report on Cost-Sharing.--Section 1313 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; <<NOTE: 22 USC 1928 note.>> 108 Stat. 2894) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsections (c).
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS
AND FUNDS.
(a) Specification of Cooperative Threat Reduction Programs.--For
purposes of section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section 1501 of
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C.
2362 note).
[[Page 122 STAT. 4645]]
(b) Fiscal Year 2009 Cooperative Threat Reduction Funds Defined.--As
used in this title, the term ``fiscal year 2009 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for fiscal years
2009, 2010, and 2011.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $434,135,000 authorized
to be appropriated to the Department of Defense for fiscal year 2009 in
section 301(19) for Cooperative Threat Reduction programs, the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$79,985,000.
(2) For strategic nuclear arms elimination in Ukraine,
$6,400,000.
(3) For nuclear weapons storage security in Russia,
$24,101,000.
(4) For nuclear weapons transportation security in Russia,
$40,800,000.
(5) For weapons of mass destruction proliferation prevention
in the states of the former Soviet Union, $59,286,000.
(6) For biological threat reduction in the former Soviet
Union, $184,463,000.
(7) For chemical weapons destruction, $1,000,000.
(8) For defense and military contacts, $8,000,000.
(9) For new Cooperative Threat Reduction initiatives,
$10,000,000.
(10) For activities designated as Other Assessments/
Administrative Costs, $20,100,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2009 Cooperative Threat Reduction funds may be
obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (10) of subsection (a) until 15 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the amount
of funds to be obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expenditure of
fiscal year 2009 Cooperative Threat Reduction funds for a purpose for
which the obligation or expenditure of such funds is specifically
prohibited under this title or any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is necessary
to do so in the national interest, the Secretary may obligate
amounts appropriated for fiscal year 2009 for a purpose listed
in paragraphs (1) through (10) of subsection (a) in excess of
the specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (10) of subsection (a)
in excess of the specific amount authorized for such purpose
[[Page 122 STAT. 4646]]
may be made using the authority provided in paragraph (1) only
after--
(A) the Secretary submits to Congress notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical agents and munitions destruction, defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Sec. 1407. National Defense Sealift Fund amendments.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to previously authorized disposals from the
National Defense Stockpile.
Subtitle C--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $198,150,000.
(2) For the Defense Working Capital Fund, Defense
Commissary, $1,291,084,000.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the National Defense Sealift Fund in the amount of $1,608,572,000.
SEC. 1403. DEFENSE HEALTH PROGRAM.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year 2009 for
expenses, not otherwise provided for, for the Defense Health Program, in
the amount of $24,966,917,000, of which--
(1) $24,467,074,000 is for Operation and Maintenance;
(2) $195,938,000 is for Research, Development, Test, and
Evaluation; and
(3) $303,905,000 is for Procurement.
(b) Source of Certain Funds.--Of the amount available under
subsection (a), $1,300,000,000 shall, to the extent provided in advance
in an Act making appropriations for fiscal year 2009, be available by
transfer from the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h).
[[Page 122 STAT. 4647]]
SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year 2009 for
expenses, not otherwise provided for, for Chemical Agents and Munitions
Destruction, Defense, in the amount of $1,485,634,000, of which--
(1) $1,152,668,000 is for Operation and Maintenance;
(2) $268,881,000 is for Research, Development, Test, and
Evaluation; and
(3) $64,085,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under subsection (a)
are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
WIDE.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2009 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the
amount of $1,060,463,000.
SEC. 1406. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2009 for expenses, not otherwise provided for,
for the Office of the Inspector General of the Department of Defense, in
the amount of $273,845,000, of which--
(1) $270,445,000 is for Operation and Maintenance; and
(2) $3,400,000 is for Procurement.
SEC. 1407. NATIONAL DEFENSE SEALIFT FUND AMENDMENTS.
Section 2218 of title 10, United States Code, is amended--
(1) by striking subsection (j) and redesignating subsections
(k) and (l) as subsections (j) and (k), respectively; and
(2) in paragraph (2) of subsection (k) (as so redesignated),
by striking subparagraphs (B) thru (I) and inserting the
following new subparagraph (B):
``(B) Any other auxiliary vessel that was procured or
chartered with specific authorization in law for the vessel, or
class of vessels, to be funded in the National Defense Sealift
Fund.''.
Subtitle B--National Defense Stockpile
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2009, the
National Defense Stockpile Manager may obligate up to $41,153,000 of the
funds in the National Defense Stockpile Transaction Fund established
under subsection (a) of section 9 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of
such funds under subsection (b)(2) of
[[Page 122 STAT. 4648]]
such section, including the disposal of hazardous materials that are
environmentally sensitive.
(b) Additional <<NOTE: Notification.>> Obligations.--The National
Defense Stockpile Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile Manager
notifies Congress that extraordinary or emergency conditions necessitate
the additional obligations. The National Defense Stockpile Manager may
make the additional obligations described in the notification after the
end of the 45-day period beginning on the date on which Congress
receives the notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DISPOSALS FROM THE
NATIONAL DEFENSE STOCKPILE.
(a) Fiscal Year 1999 Disposal Authority.--Section 3303(a)(7) of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 50 U.S.C. 98d note), as most recently amended by
section 1412(b) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 418), is further amended by
striking ``$1,066,000,000 by the end of fiscal year 2015'' and inserting
``$1,386,000,000 by the end of fiscal year 2016''.
(b) Fiscal Year 1998 Disposal Authority.--Section 3305(a)(5) of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 50 U.S.C. 98d note), as most recently amended by section 3302(b) of
the John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2513), is further amended by striking
``2008'' and inserting ``2009''.
Subtitle C--Armed Forces Retirement Home
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is authorized to be appropriated for fiscal year 2009 from the
Armed Forces Retirement Home Trust Fund the sum of $63,010,000 for the
operation of the Armed Forces Retirement Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Authorization of additional appropriations for operations in
Afghanistan and Iraq for fiscal year 2009.
Sec. 1502. Requirement for separate display of budgets for Afghanistan
and Iraq.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Science and technology investment strategy to defeat or
counter improvised explosive devices.
Sec. 1505. Limitations on Iraq Security Forces Fund.
Sec. 1506. Limitations on Afghanistan Security Forces Fund.
Sec. 1507. Special transfer authority.
[[Page 122 STAT. 4649]]
Sec. 1508. Prohibition on use of United States funds for certain
facilities projects in Iraq and contributions by the
Government of Iraq to combined operations and other
activities in Iraq.
SEC. 1501. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR
OPERATIONS IN AFGHANISTAN AND IRAQ FOR
FISCAL YEAR 2009.
(a) Authorization of Previously Appropriated Amounts.--In addition
to the amounts otherwise authorized to be appropriated by division A of
this Act, the amounts appropriated for fiscal year 2009 in chapter 2 of
title IX of the Supplemental Appropriations Act, 2008 (Public Law 110-
252; 122 Stat. 2405-2414) are hereby authorized to be appropriated.
(b) Additional Authorization.--In addition to the amounts otherwise
authorized to be appropriated by division A of this Act and subsection
(a), funds in the amount of $2,076,000,000 are hereby authorized to be
appropriated for aircraft procurement, Air Force, for the purpose of
acquiring six C-17 aircraft.
SEC. 1502. <<NOTE: 10 USC 221 note.>> REQUIREMENT FOR SEPARATE
DISPLAY OF BUDGETS FOR AFGHANISTAN AND
IRAQ.
(a) Operations in Iraq and Afghanistan.--In any annual or
supplemental budget request for the Department of Defense that is
submitted to Congress after the date of the enactment of this Act, the
Secretary of Defense shall set forth separately any funding requested in
such budget request for--
(1) operations of the Department of Defense in Afghanistan;
and
(2) operations of the Department of Defense in Iraq.
(b) Specificity of Display.--Each budget request covered by
subsection (a) shall, for any funding requested for operations in Iraq
or Afghanistan--
(1) clearly display the amount of such funding at the
appropriation account level and at the program, project, or
activity level; and
(2) include a detailed description of the assumptions
underlying the funding for the period covered by the budget
request, including the anticipated troop levels, the operations
intended to be carried out, and the equipment reset requirements
necessary to support such operations.
SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Use and Transfer of <<NOTE: Applicability.>> Funds.--Subsections
(b) and (c) of section 1514 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2439), as amended by subsection (b), shall apply to the funds
appropriated pursuant to the authorization of appropriations in section
1501 of this Act and made available to the Department of Defense for the
Joint Improvised Explosive Device Defeat Fund.
(b) Modification of Funds Transfer Authority.--Section 1514(c)(1) of
the John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2439) is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively.
(c) Prior Notice of Transfer of Funds.--Section 1514(c)(4) of the
John Warner National Defense Authorization Act for Fiscal
[[Page 122 STAT. 4650]]
Year 2007 (Public Law 109-364; 120 Stat. 2439) is amended by inserting
after ``five days'' the following: ``(in the case of the obligation of
funds) or 15 days (in the case of a transfer of funds)''.
(d) Monthly Obligations and Expenditure Reports.--Not later than 15
days after the end of each month of fiscal year 2009, the Secretary of
Defense shall provide to the congressional defense committees a report
on the Joint Improvised Explosive Device Defeat Fund explaining monthly
commitments, obligations, and expenditures by line of action.
(e) Modification of Submittal Date of Other Reports.--Section
1514(e) of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2440) is amended by striking
``30 days'' and inserting ``60 days''.
SEC. 1504. <<NOTE: 10 USC 2358 note.>> SCIENCE AND TECHNOLOGY
INVESTMENT STRATEGY TO DEFEAT OR COUNTER
IMPROVISED EXPLOSIVE DEVICES.
(a) Strategy Required.--The Director of the Joint Improvised
Explosive Device Defeat Organization (JIEDDO), jointly with the Director
of Defense Research and Engineering, shall develop a comprehensive
science and technology investment strategy for countering the threat of
improvised explosive devices (IEDs).
(b) Elements.--The strategy developed under subsection (a) shall
include the following:
(1) Identification of counter-IED capability gaps.
(2) A taxonomy describing the major technical areas for the
Department of Defense to address the counter-IED capability gaps
and in which science and technology funding investments should
be made.
(3) Identification of funded programs to develop or mature
technologies from or to the level of system or subsystem model
or prototype demonstration in a relevant environment, and
investment levels for those initiatives.
(4) Identification of JIEDDO's mechanisms for coordinating
Department of Defense and Federal Government science and
technology activities in areas covered by the strategy.
(5) Identification of technology transition mechanisms
developed or utilized to efficiently transition technologies to
acquisition programs of the Department of Defense or into
operational use, including a summary of counter-IED technologies
transitioned from JIEDDO, the military departments, and other
Defense Agencies to the acquisition programs or into operational
use.
(6) Identification of high priority basic research efforts
that should be addressed through JIEDDO or other Department of
Defense activities to support development of next generation IED
defeat capabilities.
(7) Identification of barriers or issues, such as industrial
base, workforce, or statutory or regulatory barriers, that could
hinder the efficient and effective development and operational
use of advanced IED defeat capabilities, and discussion of
activities undertaken to address them.
(8) Identification of the measures of effectiveness for the
overall Department of Defense science and technology counter-IED
effort.
(9) Such other matters as the Director of the JIEDDO and the
Director of Defense Research and Engineering consider
appropriate.
[[Page 122 STAT. 4651]]
(c) Report.--Not later than March 1, 2009, and each March 1
thereafter through March 1, 2013, the Director of the JIEDDO and the
Director of Defense Research and Engineering shall jointly submit to the
congressional defense committees a report describing the implementation
of the strategy developed under subsection (a). The report may be in
unclassified and classified format, as necessary.
SEC. 1505. LIMITATIONS ON IRAQ SECURITY FORCES FUND.
Funds appropriated pursuant to the authorization of appropriations
in section 1501 of this Act or in the Supplemental Appropriations Act,
2008 (Public Law 110-252; 122 Stat. 2407) and made available to the
Department of Defense for the Iraq Security Forces Fund shall be subject
to the conditions contained in subsections (b) through (g) of section
1512 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 426).
SEC. 1506. LIMITATIONS ON AFGHANISTAN SECURITY FORCES FUND.
Funds appropriated pursuant to the authorization of appropriations
in section 1501 of this Act or in the Supplemental Appropriations Act,
2008 (Public Law 110-252; 122 Stat. 2407) and made available to the
Department of Defense for the Afghanistan Security Forces Fund shall be
subject to the conditions contained in subsections (b) through (g) of
section 1513 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 428).
SEC. 1507. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal
year 2009 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) Limitation.--The total amount of authorizations that the
Secretary may transfer under the authority of this section may
not exceed $4,000,000,000.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
SEC. 1508. PROHIBITION ON USE OF UNITED STATES FUNDS FOR CERTAIN
FACILITIES PROJECTS IN IRAQ AND
CONTRIBUTIONS BY THE GOVERNMENT OF IRAQ
TO COMBINED OPERATIONS AND OTHER
ACTIVITIES IN IRAQ.
(a) Prohibition Related to Facilities for Government of Iraq.--
(1) Prohibition on availability of united states funds for
projects.--Except as provided in paragraph (2), amounts
authorized to be appropriated by this title may not be obligated
or expended for the acquisition, conversion, rehabilitation, or
installation of facilities in Iraq for the use of the Government
[[Page 122 STAT. 4652]]
of Iraq, political subdivisions of Iraq, or agencies,
departments, or forces of the Government of Iraq or such
political subdivisions.
(2) Exceptions.--
(A) Exception for cerp.--The prohibition in
paragraph (1) does not apply to amounts authorized to be
appropriated by this title for the Commanders' Emergency
Response Program (CERP).
(B) Exception for military construction.--The
prohibition in paragraph (1) does not apply to military
construction (as defined in section 2801 of title 10,
United States Code), carried out in Iraq.
(C) Exception for technical assistance.--The
prohibition in paragraph (1) does not apply to the
provision of technical assistance necessary to assist
the Government of Iraq to carry out facilities projects
on its own behalf.
(b) Combined Operations.--
(1) Cost sharing.--The United States Government shall
initiate negotiations with the Government of Iraq on an
agreement under which the Government of Iraq shall share with
the United States Government the costs of combined operations of
the Government of Iraq and the Multi-National Forces Iraq
undertaken as part of Operation Iraqi Freedom.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall, in
conjunction with the Secretary of Defense, submit to Congress a
report describing the status of negotiations under paragraph
(1).
(c) Iraqi Security Forces.--
(1) Use of iraq funds.--The United States Government shall
take actions to ensure that Iraq funds are used to pay the costs
of the salaries, training, equipping, and sustainment of Iraqi
Security Forces.
(2) Reports.--Not <<NOTE: President.>> later than 90 days
after the date of the enactment of this Act, and every 180 days
thereafter, the President shall submit to Congress a report
setting forth an assessment of the progress made in meeting the
requirements of paragraph (1).
TITLE XVI-- <<NOTE: Reconstruction and Stabilization Civilian
Management Act of 2008.>> RECONSTRUCTION AND STABILIZATION CIVILIAN
MANAGEMENT
Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Definitions.
Sec. 1604. Authority to provide assistance for reconstruction and
stabilization crises.
Sec. 1605. Reconstruction and stabilization.
Sec. 1606. Authorities related to personnel.
Sec. 1607. Reconstruction and stabilization strategy.
Sec. 1608. Annual reports to Congress.
SEC. 1601. <<NOTE: 22 USC 2151 note.>> SHORT TITLE.
This title may be cited as the ``Reconstruction and Stabilization
Civilian Management Act of 2008''.
[[Page 122 STAT. 4653]]
SEC. 1602. <<NOTE: 22 USC 2368 note.>> FINDINGS.
Congress finds the following:
(1) In June 2004, the Office of the Coordinator for
Reconstruction and Stabilization (referred to as the
``Coordinator'') was established in the Department of State with
the mandate to lead, coordinate, and institutionalize United
States Government civilian capacity to prevent or prepare for
post-conflict situations and help reconstruct and stabilize a
country or region that is at risk of, in, or is in transition
from, conflict or civil strife.
(2) In December 2005, the Coordinator's mandate was
reaffirmed by the National Security Presidential Directive 44,
which instructed the Secretary of State, and at the Secretary's
direction, the Coordinator, to coordinate and lead integrated
United States Government efforts, involving all United States
departments and agencies with relevant capabilities, to prepare,
plan for, and conduct reconstruction and stabilization
operations.
(3) National Security Presidential Directive 44 assigns to
the Secretary, with the Coordinator's assistance, the lead role
to develop reconstruction and stabilization strategies, ensure
civilian interagency program and policy coordination, coordinate
interagency processes to identify countries at risk of
instability, provide decision-makers with detailed options for
an integrated United States Government response in connection
with reconstruction and stabilization operations, and carry out
a wide range of other actions, including the development of a
civilian surge capacity to meet reconstruction and stabilization
emergencies. The Secretary and the Coordinator are also charged
with coordinating with the Department of Defense on
reconstruction and stabilization responses, and integrating
planning and implementing procedures.
(4) The Department of Defense issued Directive 3000.05,
which establishes that stability operations are a core United
States military mission that the Department of Defense must be
prepared to conduct and support, provides guidance on stability
operations that will evolve over time, and assigns
responsibilities within the Department of Defense for planning,
training, and preparing to conduct and support stability
operations.
(5) The President's Fiscal Year 2009 Budget Request to
Congress includes $248.6 million for a Civilian Stabilization
Initiative that would vastly improve civilian partnership with
United States Armed Forces in post-conflict stabilization
situations, including by establishing a Active Response Corps of
250 persons, a Standby Response Corps of 2,000 persons, and a
Civilian Response Corps of 2,000 persons.
SEC. 1603. <<NOTE: 22 USC 2734a note.>> DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Agency.--The term ``agency'' means any entity included
in chapter 1 of title 5, United States Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
[[Page 122 STAT. 4654]]
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(4) Department.--Except as otherwise provided in this title,
the term ``Department'' means the Department of State.
(5) Personnel.--The term ``personnel'' means individuals
serving in any service described in section 2101 of title 5,
United States Code, other than in the legislative or judicial
branch.
(6) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 1604. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION AND
STABILIZATION CRISES.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2351 et seq.) is amended by inserting after section 617 the
following new section:
``SEC. 618. <<NOTE: 22 USC 2368.>> ASSISTANCE FOR A RECONSTRUCTION
AND STABILIZATION CRISIS.
``(a) Assistance.--
``(1) In general.--If the President determines that it is in
the national security interests of the United States for United
States civilian agencies or non-Federal employees to assist in
reconstructing and stabilizing a country or region that is at
risk of, in, or is in transition from, conflict or civil strife,
the President may, in accordance with the provisions set forth
in section 614(a)(3), but notwithstanding any other provision of
law, and on such terms and conditions as the President may
determine, furnish assistance to such country or region for
reconstruction or stabilization using funds described in
paragraph (2).
``(2) Funds described.--The funds referred to in paragraph
(1) are funds made available under any other provision of this
Act, and transferred or reprogrammed for purposes of this
section, and such transfer or reprogramming shall be subject to
the procedures applicable to a notification under section 634A
of this Act.
``(3) Rule of construction.--Nothing in this section shall
be construed to provide authority to transfer funds between
accounts or between Federal departments or agencies.
``(b) Limitation.--The authority contained in this section may be
exercised only during fiscal years 2009, 2010, and 2011.''.
SEC. 1605. RECONSTRUCTION AND STABILIZATION.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by adding at the end the following new
section:
``SEC. 62. <<NOTE: 22 USC 2734.>> RECONSTRUCTION AND
STABILIZATION.
``(a) Office of the Coordinator for Reconstruction and
Stabilization.--
``(1) Establishment.--There is established within the
Department of State the Office of the Coordinator for
Reconstruction and Stabilization.
``(2) Coordinator for reconstruction and stabilization.--The
head of <<NOTE: President.>> the Office shall be the Coordinator
for Reconstruction and Stabilization, who shall be appointed by
[[Page 122 STAT. 4655]]
the President, by and with the advice and consent of the Senate.
The Coordinator shall report directly to the Secretary.
``(3) Functions.--The functions of the Office of the
Coordinator for Reconstruction and Stabilization shall include
the following:
``(A) Monitoring, in coordination with relevant
bureaus and offices of the Department of State and the
United States Agency for International Development
(USAID), political and economic instability worldwide to
anticipate the need for mobilizing United States and
international assistance for the reconstruction and
stabilization of a country or region that is at risk of,
in, or are in transition from, conflict or civil strife.
``(B) Assessing the various types of reconstruction
and stabilization crises that could occur and cataloging
and monitoring the non-military resources and
capabilities of agencies (as such term is defined in
section 1603 of the Reconstruction and Stabilization
Civilian Management Act of 2008) that are available to
address such crises.
``(C) Planning, in conjunction with USAID, to
address requirements, such as demobilization,
disarmament, rebuilding of civil society, policing,
human rights monitoring, and public information, that
commonly arise in reconstruction and stabilization
crises.
``(D) Coordinating with relevant agencies to develop
interagency contingency plans and procedures to mobilize
and deploy civilian personnel and conduct reconstruction
and stabilization operations to address the various
types of such crises.
``(E) Entering into appropriate arrangements with
agencies to carry out activities under this section and
the Reconstruction and Stabilization Civilian Management
Act of 2008.
``(F) Identifying personnel in State and local
governments and in the private sector who are available
to participate in the Civilian Reserve Corps established
under subsection (b) or to otherwise participate in or
contribute to reconstruction and stabilization
activities.
``(G) Taking steps to ensure that training and
education of civilian personnel to perform such
reconstruction and stabilization activities is adequate
and is carried out, as appropriate, with other agencies
involved with stabilization operations.
``(H) Taking steps to ensure that plans for United
States reconstruction and stabilization operations are
coordinated with and complementary to reconstruction and
stabilization activities of other governments and
international and nongovernmental organizations, to
improve effectiveness and avoid duplication.
``(I) Maintaining the capacity to field on short
notice an evaluation team consisting of personnel from
all relevant agencies to undertake on-site needs
assessment.
``(b) Response Readiness Corps.--
``(1) Response readiness corps.--The Secretary, in
consultation with the Administrator of the United States Agency
for International Development and the heads of other appropriate
agencies of the United States Government, may establish
[[Page 122 STAT. 4656]]
and maintain a Response Readiness Corps (referred to in this
section as the `Corps') to provide assistance in support of
reconstruction and stabilization operations in countries or
regions that are at risk of, in, or are in transition from,
conflict or civil strife. The Corps shall be composed of active
and standby components consisting of United States Government
personnel, including employees of the Department of State, the
United States Agency for International Development, and other
agencies who are recruited and trained (and employed in the case
of the active component) to provide such assistance when
deployed to do so by the Secretary to support the purposes of
this Act.
``(2) Civilian reserve corps.--The Secretary, in
consultation with the Administrator of the United States Agency
for International Development, may establish a Civilian Reserve
Corps for which purpose the Secretary is authorized to employ
and train individuals who have the skills necessary for carrying
out reconstruction and stabilization activities, and who have
volunteered for that purpose. The Secretary may deploy members
of the Civilian Reserve Corps pursuant to a determination by the
President under section 618 of the Foreign Assistance Act of
1961.
``(3) Mitigation of domestic impact.--The establishment and
deployment of any Civilian Reserve Corps shall be undertaken in
a manner that will avoid substantively impairing the capacity
and readiness of any State and local governments from which
Civilian Reserve Corps personnel may be drawn.
``(c) Existing Training and Education Programs.--The Secretary shall
ensure that personnel of the Department, and, in coordination with the
Administrator of USAID, that personnel of USAID, make use of the
relevant existing training and education programs offered within the
Government, such as those at the Center for Stabilization and
Reconstruction Studies at the Naval Postgraduate School and the
Interagency Training, Education, and After Action Review Program at the
National Defense University.''.
SEC. 1606. <<NOTE: 22 USC 2734a.>> AUTHORITIES RELATED TO
PERSONNEL.
(a) Extension of Certain Foreign Service Benefits.--The Secretary,
or the head of any agency with respect to personnel of that agency, may
extend to any individuals assigned, detailed, or deployed to carry out
reconstruction and stabilization activities pursuant to section 62 of
the State Department Basic Authorities Act of 1956 (as added by section
1605 of this title), the benefits or privileges set forth in sections
413, 704, and 901 of the Foreign Service Act of 1980 (22 U.S.C. 3973, 22
U.S.C. 4024, and 22 U.S.C. 4081) to the same extent and manner that such
benefits and privileges are extended to members of the Foreign Service.
(b) Authority Regarding Details.--The Secretary is authorized to
accept details or assignments of any personnel, and any employee of a
State or local government, on a reimbursable or nonreimbursable basis
for the purpose of carrying out this title, and the head of any agency
is authorized to detail or assign personnel of such agency on a
reimbursable or nonreimbursable basis to the Department of State for
purposes of section 62 of the State Department Basic Authorities Act of
1956, as added by section 1605 of this title.
[[Page 122 STAT. 4657]]
SEC. 1607. <<NOTE: 22 USC 2368 note.>> RECONSTRUCTION AND
STABILIZATION STRATEGY.
(a) In General.--The Secretary of State, in consultation with the
Administrator of the United States Agency for International Development,
shall develop an interagency strategy to respond to reconstruction and
stabilization operations.
(b) Contents.--The strategy required under subsection (a) shall
include the following:
(1) Identification of and efforts to improve the skills sets
needed to respond to and support reconstruction and
stabilization operations in countries or regions that are at
risk of, in, or are in transition from, conflict or civil
strife.
(2) Identification of specific agencies that can adequately
satisfy the skills sets referred to in paragraph (1).
(3) Efforts to increase training of Federal civilian
personnel to carry out reconstruction and stabilization
activities.
(4) Efforts to develop a database of proven and best
practices based on previous reconstruction and stabilization
operations.
(5) A plan to coordinate the activities of agencies involved
in reconstruction and stabilization operations.
SEC. 1608. ANNUAL REPORTS TO CONGRESS.
Not later than 180 days after the date of the enactment of this Act
and annually for each of the five years thereafter, the Secretary of
State shall submit to the appropriate congressional committees a report
on the implementation of this title. The report shall include detailed
information on the following:
(1) Any steps taken to establish a Response Readiness Corps
and a Civilian Reserve Corps, pursuant to section 62 of the
State Department Basic Authorities Act of 1956 (as added by
section 1605 of this title).
(2) The structure, operations, and cost of the Response
Readiness Corps and the Civilian Reserve Corps, if established.
(3) How the Response Readiness Corps and the Civilian
Reserve Corps coordinate, interact, and work with other United
States foreign assistance programs.
(4) An assessment of the impact that deployment of the
Civilian Reserve Corps, if any, has had on the capacity and
readiness of any domestic agencies or State and local
governments from which Civilian Reserve Corps personnel are
drawn.
(5) The reconstruction and stabilization strategy required
by section 1607 and any annual updates to that strategy.
(6) Recommendations to improve implementation of subsection
(b) of section 62 of the State Department Basic Authorities Act
of 1956, including measures to enhance the recruitment and
retention of an effective Civilian Reserve Corps.
(7) A description of anticipated costs associated with the
development, annual sustainment, and deployment of the Civilian
Reserve Corps.
DIVISION <<NOTE: Military Construction Authorization Act for Fiscal Year
2009.>> B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2009''.
[[Page 122 STAT. 4658]]
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII and title XXIX for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment Program
(and authorizations of appropriations therefor) shall expire on the
later of--
(1) October 1, 2011; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2012.
(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2011; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2012 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization Security
Investment Program.
SEC. 2003. <<NOTE: 10 USC 2687 note.>> EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX shall take
effect on the later of--
(1) October 1, 2008; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2008 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2007 projects.
Sec. 2107. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2108. Extension of authorization of certain fiscal year 2005
project.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
[[Page 122 STAT. 4659]]
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama.............................. Anniston Army Depot..................................... $46,400,000
Fort Rucker............................................. $6,800,000
Redstone Arsenal........................................ $16,500,000
Alaska............................... Fort Richardson......................................... $18,100,000
Fort Wainwright......................................... $110,400,000
Arizona.............................. Fort Huachuca........................................... $13,200,000
Yuma Proving Ground..................................... $3,800,000
California........................... Fort Irwin.............................................. $39,600,000
Presidio, Monterey...................................... $15,000,000
Sierra Army Depot....................................... $12,400,000
Colorado............................. Fort Carson............................................. $534,000,000
Georgia.............................. Fort Benning............................................ $267,800,000
Fort Stewart/Hunter Army Air Field...................... $432,300,000
Hawaii............................... Pohakuloa Training Area................................. $30,000,000
Schofield Barracks...................................... $279,000,000
Wahiawa................................................. $40,000,000
Indiana.............................. Crane Army Ammunition Activity.......................... $8,300,000
Kansas............................... Fort Leavenworth........................................ $4,200,000
Fort Riley.............................................. $158,000,000
Kentucky............................. Fort Campbell........................................... $118,113,000
Louisiana............................ Fort Polk............................................... $29,000,000
Michigan............................. Detroit Arsenal......................................... $6,100,000
Missouri............................. Fort Leonard Wood....................................... $42,550,000
New Jersey........................... Picatinny Arsenal....................................... $9,900,000
New York............................. Fort Drum............................................... $96,900,000
United States Military Academy.......................... $67,000,000
North Carolina....................... Fort Bragg.............................................. $58,400,000
Oklahoma............................. Fort Sill............................................... $63,000,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4660]]
McAlester Army Ammunition Plant......................... $5,800,000
Pennsylvania......................... Carlisle Barracks....................................... $13,400,000
Letterkenny Army Depot.................................. $7,500,000
Tobyhanna Army Depot.................................... $15,000,000
South Carolina....................... Fort Jackson............................................ $30,000,000
Texas................................ Camp Bullis............................................. $4,200,000
Corpus Christi Army Depot............................... $39,000,000
Fort Bliss.............................................. $1,044,300,000
Fort Hood............................................... $49,500,000
Fort Sam Houston........................................ $96,000,000
Red River Army Depot.................................... $6,900,000
Virginia............................. Fort Belvoir............................................ $7,200,000
Fort Eustis............................................. $31,900,000
Fort Lee................................................ $100,600,000
Fort Myer............................................... $14,000,000
Washington........................... Fort Lewis.............................................. $158,000,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4661]]
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
[[Page 122 STAT. 4662]]
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan.......................... Bagram Air Base......................................... $67,000,000
Germany.............................. Katterbach.............................................. $19,000,000
Wiesbaden Air Base...................................... $119,000,000
Japan................................ Camp Zama............................................... $2,350,000
Sagamihara.............................................. $17,500,000
Korea................................ Camp Humphreys.......................................... $20,000,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4663]]
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting facilities) at
the installations or locations, in the number of units, and in the
amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Wiesbaden Air Base......... 326....................... $133,000,000
Korea.................................. Camp Humphreys............. 216....................... $125,000,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(5)(A), the Secretary
of the Army may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed $579,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $420,001,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2008, for military
construction, land acquisition, and military family housing functions of
the Department of the Army in the total amount of $5,973,388,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $4,010,063,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $185,350,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$23,000,000.
(4) For host nation support and architectural and
engineering services and construction design under section 2807
of title 10, United States Code, $178,685,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $646,580,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $716,110,000.
(6) For the construction of increment 3 of a barracks
complex at Fort Lewis, Washington, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal Year
[[Page 122 STAT. 4664]]
2007 (division B of Public Law 109-364; 120 Stat. 2445), as
amended by section 20814 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289), as added by
section 2 of the Revised Continuing Resolution, 2007 (Public Law
110-5; 121 Stat 41), $102,000,000.
(7) For the construction of increment 2 of the United States
Southern Command Headquarters at Miami Doral, Florida,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law
110-181; 122 Stat. 504), $81,600,000.
(8) For the construction of increment 2 of the brigade
complex operations support facility at Vicenza, Italy,
authorized by section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law
110-181; 122 Stat. 505), $15,000,000.
(9) For the construction of increment 2 of the brigade
complex barracks and community support facility at Vicenza,
Italy, authorized by section 2101(b) of the Military
Construction Authorization Act for Fiscal Year 2008 (division B
of Public Law 110-181; 122 Stat. 505), $15,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $60,000,000 (the balance of the amount authorized under
section 2101(a) for barracks and a dining facility at Fort
Carson, Colorado).
(3) $80,000,000 (the balance of the amount authorized under
section 2101(a) for barracks and a dining facility at Fort
Stewart, Georgia).
(4) $59,500,000 (the balance of the amount authorized under
section 2101(b) for the construction of a headquarters element
in Wiesbaden, Germany).
(5) $101,000,000 (the balance of the amount authorized under
section 2102(a) for family housing at Wiesbaden, Germany).
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2008 PROJECTS.
(a) Inside the United States Projects.--The table in section 2101(a)
of the Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 504) is amended--
(1) in the item relating to Hawthorne Army Ammunition Plant,
Nevada, by striking ``$11,800,000'' in the amount column and
inserting ``$7,300,000'';
(2) in the item relating to Fort Drum, New York, by striking
``$311,200,000'' in the amount column and inserting
``$304,600,000''; and
(3) in the item relating to Fort Bliss, Texas, by striking
``$118,400,000'' in the amount column and inserting
``$111,900,000''.
(b) Conforming Amendments.--Section 2104(a) of that Act (122 Stat.
506) is amended--
[[Page 122 STAT. 4665]]
(1) in the matter preceding paragraph (1), by striking
``$5,106,703,000'' and inserting ``$5,089,103,000''; and
(2) in paragraph (1), by striking ``$3,198,150,000'' and
inserting ``$3,180,550,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2007 PROJECTS.
(a) Inside the United States Projects.--The table in section 2101(a)
of the Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2445), as amended by
section 20814 of the Continuing Appropriations Resolution, 2007
(division B of Public Law 109-289) and section 2105(a) of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 507), is further amended in the item
relating to Fort Bragg, North Carolina, by striking ``$96,900,000'' in
the amount column and inserting ``$75,900,000''.
(b) Outside the United States Projects.--The table in section
2101(b) of the Military Construction Authorization Act for Fiscal Year
2007 (division B of Public Law 109-364; 120 Stat. 2446), as amended by
section 2106(a) of the Military Construction Authorization Act for
Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 508), is
further amended in the item relating to Vicenza, Italy, by striking
``$223,000,000'' in the amount column and inserting ``$208,280,000''.
(c) Conforming Amendments.--Section 2104(a) of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2447), as amended by section 2105(b) of
the Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 508), is further amended--
(1) in the matter preceding paragraph (1), by striking
``$3,275,700,000'' and inserting ``$3,239,980,000'';
(2) in paragraph (1), by striking ``$1,119,450,000'' and
inserting ``$1,098,450,000''; and
(3) in paragraph (2), by striking ``$510,582,00'' and
inserting ``$495,862,000''.
SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3501), the authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (119
Stat. 3485), shall remain in effect until October 1, 2009, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
[[Page 122 STAT. 4666]]
Army: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Hawaii........................... Pohakuloa............. Tactical Vehicle Wash Facility.......... $9,207,000
Battle Area Complex..................... $33,660,000
Virginia......................... Fort Belvoir.......... Defense Access Road..................... $18,000,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4667]]
SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005
PROJECT.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2005 (division B of
Public Law 108-375; 118 Stat. 2116), the authorization set forth in the
table in subsection (b), as provided in section 2101 of that Act (118
Stat. 2101) and extended by section 2108 of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 508), shall remain in effect until October 1, 2009, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
[[Page 122 STAT. 4668]]
Army: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Hawaii........................... Schofield Barracks.... Training Facility....................... $35,542,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4669]]
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2005 project.
Sec. 2206. Modification of authority to carry out certain fiscal year
2007 projects.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(1), the Secretary
of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
[[Page 122 STAT. 4670]]
Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona.............................. Marine Corps Air Station, Yuma.......................... $19,490,000
California........................... Marine Corps Logistics Base, Barstow.................... $7,830,000
Marine Corps Base, Camp Pendleton....................... $799,870,000
Naval Air Facility, El Centro........................... $8,900,000
Marine Corps Air Station, Miramar....................... $48,770,000
Naval Post Graduate School, Monterey.................... $9,900,000
Naval Air Station, North Island......................... $60,152,000
Naval Facility, San Clemente Island..................... $34,020,000
Marine Corps Recruit Depot, San Diego................... $51,220,000
Marine Corps Base, Twentynine Palms..................... $155,310,000
Connecticut.......................... Naval Submarine Base, Groton............................ $46,060,000
Naval Submarine Base, New London........................ $11,000,000
District of Columbia................. Naval Support Activity, Washington...................... $24,220,000
Florida.............................. Naval Air Station, Jacksonville......................... $12,890,000
Naval Station, Mayport.................................. $18,280,000
Naval Support Activity, Tampa........................... $29,000,000
Georgia.............................. Marine Corps Logistics Base, Albany..................... $15,320,000
Naval Submarine Base, Kings Bay......................... $6,130,000
Hawaii............................... Pacific Missile Range, Barking Sands.................... $28,900,000
Marine Corps Base, Kaneohe.............................. $28,200,000
Naval Station, Pearl Harbor............................. $80,290,000
Illinois............................. Recruit Training Command, Great Lakes................... $62,940,000
Maine................................ Portsmouth Naval Shipyard............................... $30,640,000
Maryland............................. Naval Surface Warfare Center, Carderock................. $6,980,000
Naval Surface Warfare Center, Indian Head............... $25,980,000
Mississippi.......................... Naval Construction Battalion Center, Gulfport........... $12,770,000
Naval Air Station, Meridian............................. $6,340,000
New Jersey........................... Naval Air Warfare Center, Lakehurst..................... $15,440,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4671]]
Inside the United States--Continued
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Naval Weapons Station, Earle............................ $8,160,000
North Carolina....................... Marine Corps Base, Camp Lejeune......................... $353,090,000
Marine Corps Air Station, Cherry Point.................. $77,420,000
Marine Corps Air Station, New River..................... $86,280,000
Pennsylvania......................... Naval Support Activity, Philadelphia.................... $22,020,000
Rhode Island......................... Naval Station, Newport.................................. $39,800,000
South Carolina....................... Marine Corps Air Station, Beaufort...................... $5,940,000
Marine Corps Recruit Depot, Parris Island............... $64,750,000
Texas................................ Naval Air Station, Corpus Christi....................... $3,500,000
Naval Air Station, Kingsville........................... $11,580,000
Virginia............................. Naval Station, Norfolk.................................. $73,280,000
Marine Corps Base, Quantico............................. $150,290,000
Washington........................... Naval Base, Kitsap...................................... $5,110,000
Naval Air Station Whidbey Island........................ $6,160,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4672]]
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(2), the Secretary
of the Navy may acquire real property and carry out military
construction projects for the installation or location outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba.......................................... Naval Air Station, Guantanamo Bay............... $20,600,000
Diego Garcia.................................. Diego Garcia.................................... $35,060,000
Djibouti...................................... Camp Lemonier................................... $31,410,000
Guam.......................................... Naval Activities, Guam.......................... $88,430,000
----------------------------------------------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2204(3), the Secretary
of the Navy may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amounts set forth in the following table:
Navy: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.......................... Unspecified Worldwide.......................... $101,020,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2204(6)(A),
the Secretary of the Navy may construct or acquire family housing units
(including land acquisition and supporting facilities) at the
installations or locations, in the number of units, and in the amount
set forth in the following table:
[[Page 122 STAT. 4673]]
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay................ Naval Air Station, 146 $59,943,000
Guantanamo Bay.
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4674]]
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2204(6)(A), the Secretary of
the Navy may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed
$2,169,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(6)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $318,011,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2008, for military construction, land
acquisition, and military family housing functions of the Department of
the Navy in the total amount of $4,046,354,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $2,564,312,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $175,500,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2201(c), $101,020,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$13,670,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $246,528,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $380,123,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $376,062,000.
(7) For the construction of increment 2 of the wharf
extension at Naval Forces Marianas Islands, Guam, authorized by
section 2201(b) of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 510), $50,912,000.
(8) For the construction of increment 2 of the submarine
drive-in magnetic silencing facility at Naval Submarine Base,
Pearl Harbor, Hawaii, authorized in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 510), $41,088,000.
(9) For the construction of increment 3 of the National
Maritime Intelligence Center, Suitland, Maryland, authorized by
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2448), $12,439,000.
(10) For the construction of increment 2 of hangar 5
recapitalizations at Naval Air Station, Whidbey Island,
Washington, authorized by section 2201(a) of the Military
Construction Authorization Act of Fiscal Year 2007 (division B
of Public Law 109-364; 120 Stat. 2448), $34,000,000.
[[Page 122 STAT. 4675]]
(11) For the construction of increment 5 of the limited area
production and storage complex at Naval Submarine Base, Kitsap,
Bangor, Washington (formerly referred to as a project at the
Strategic Weapons Facility Pacific, Bangor), authorized by
section 2201(a) of the Military Construction Authorization Act
of Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
2106), as amended by section 2206 of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public law
109-163; 119 Stat. 3493) and section 2206 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B
of Public Law 110-181; 122 Stat. 514) $50,700,000.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2005 PROJECT.
The table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public Law 108-
375; 118 Stat. 2105), as amended by section 2206 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3493) and section 2206 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 514), is further amended--
(1) in the item relating to Strategic Weapons Facility
Pacific, Bangor, Washington, by striking ``$295,000,000'' in the
amount column and inserting ``$311,670,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,084,497,000''.
SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2007 PROJECTS.
(a) Modifications.--The table in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2448), as amended by section 2205(a)(17)
of the Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 513), is further amended--
(1) in the item relating to NMIC/Naval Support Activity,
Suitland, Maryland, by striking ``$67,939,000'' in the amount
column and inserting ``$76,288,000''; and
(2) in the item relating to Naval Air Station, Whidbey
Island, Washington, by striking ``$57,653,000'' in the amount
column and inserting ``$60,500,000''.
(b) Conforming Amendments.--Section 2204(b) of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2452) is amended--
(1) in paragraph (2), by striking ``$56,159,000'' and
inserting ``$64,508,000''; and
(2) in paragraph (3), by striking ``$31,153,000'' and
inserting ``$34,000,000''.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
[[Page 122 STAT. 4676]]
Sec. 2305. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2005
projects.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(1), the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
[[Page 122 STAT. 4677]]
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama................................... Maxwell Air Force Base........................... $15,556,000
Alaska.................................... Elmendorf Air Force Base......................... $138,300,000
Arizona................................... Davis Monthan Air Force Base..................... $15,000,000
California................................ Edwards Air Force Base........................... $9,100,000
Travis Air Force Base............................ $12,100,000
Colorado.................................. Peterson Air Force Base.......................... $4,900,000
United States Air Force Academy.................. $18,000,000
Delaware.................................. Dover Air Force Base............................. $19,000,000
Florida................................... Cape Canaveral Air Station....................... $8,000,000
Eglin Air Force Base............................. $19,000,000
MacDill Air Force Base........................... $26,000,000
Tyndall Air Force Base........................... $11,600,000
Georgia................................... Robins Air Force Base............................ $29,350,000
Kansas.................................... McConnell Air Force Base......................... $6,800,000
Louisiana................................. Barksdale Air Force Base......................... $14,600,000
Maryland.................................. Andrews Air Force Base........................... $77,648,000
Mississippi............................... Columbus Air Force Base.......................... $8,100,000
Keesler Air Force Base........................... $6,600,000
Missouri.................................. Whiteman Air Force Base.......................... $4,200,000
Montana................................... Malmstrom Air Force Base......................... $10,000,000
Nevada.................................... Creech Air Force Base............................ $48,500,000
Nellis Air Force Base............................ $63,100,000
New Jersey................................ McGuire Air Force Base........................... $7,200,000
New Mexico............................... Holloman Air Force Base.......................... $25,450,000
North Carolina............................ Seymour Johnson Air Force Base................... $12,200,000
North Dakota.............................. Grand Forks Air Force Base....................... $13,000,000
Ohio...................................... Wright Patterson Air Force Base.................. $14,000,000
Oklahoma.................................. Altus Air Force Base............................. 10,200,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4678]]
Tinker Air Force Base............................ $54,000,000
South Carolina............................ Charleston Air Force Base....................... $4,500,000
Shaw Air Force Base.............................. $9,900,000
South Dakota.............................. Ellsworth Air Force Base......................... $11,000,000
Texas..................................... Dyess Air Force Base............................. $21,000,000
Fort Hood........................................ $10,800,000
Lackland Air Force Base.......................... $75,515,000
Utah...................................... Hill Air Force Base.............................. $41,400,000
Washington................................ McChord Air Force Base........................... $5,500,000
Wyoming................................... Francis E. Warren Air Force Base................. $8,600,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4679]]
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(2), the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
[[Page 122 STAT. 4680]]
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan............................... Bagram Airfield....................................... $57,200,000
Guam...................................... Andersen Air Force Base................................ $10,600,000
Kyrgyzstan................................ Manas Air Base......................................... $6,000,000
United Kingdom............................ Royal Air Force Lakenheath............................. $7,400,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4681]]
(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2304(3), the Secretary
of the Air Force may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amounts set forth in the following table:
[[Page 122 STAT. 4682]]
Air Force: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified..................... Unspecified Worldwide Locations........................ $38,391,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4683]]
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2304(6)(A),
the Secretary of the Air Force may construct or acquire family housing
units (including land acquisition and supporting facilities) at the
installations or locations, in the number of units, and in the amounts
set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
United Kingdom........................ Royal Air Force Lakenheath... 182 Units................ $71,828,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(6)(A), the Secretary of
the Air Force may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed
$7,708,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(6)(A), the Secretary of the Air Force may improve existing
military family housing units in an amount not to exceed $316,343,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2008, for military construction, land
acquisition, and military family housing functions of the Department of
the Air Force in the total amount of $2,108,090,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $889,719,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $81,200,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c), $38,391,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$15,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $93,436,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $395,879,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $594,465,000.
[[Page 122 STAT. 4684]]
SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3501), authorizations set forth in the
tables in subsection (b), as provided in section 2302 of that Act, shall
remain in effect until October 1, 2009, or the date of the enactment of
an Act authorizing funds for military construction for fiscal year 2010,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Eielson Air Force Base....... Replace Family Housing (92 $37,650,000
units)...................
Purchase Build/Lease $18,144,000
Housing (300 units)......
California.............................. Edwards Air Force Base....... Replace Family Housing $59,699,000
(226 units)..............
Florida................................. MacDill Air Force Base....... Replace Family Housing $40,982,000
(109 units)..............
Missouri................................ Whiteman Air Force Base...... Replace Family Housing $26,917,000
(111 units)..............
North Carolina.......................... Seymour Johnson Air Force Replace Family Housing $48,868,000
Base........................ (255 units)..............
North Dakota............................ Grand Forks Air Force Base... Replace Family Housing $43,353,000
(150 units)..............
----------------------------------------------------------------------------------------------------------------
SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2005 (division B of
Public Law 108-375; 118 Stat. 2116), authorizations set forth in the
table in subsection (b), as provided in sections 2301 and 2302 of that
Act and extended by section 2307 of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 519), shall remain in effect until October 1, 2009, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2010, whichever is later.
[[Page 122 STAT. 4685]]
(b) Table.--The table referred to in subsection (a) is as follows:
[[Page 122 STAT. 4686]]
Air Force: Extension of 2005 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Arizona.......................... Davis-Monthan Air Force Replace Family Housing (250 $48,500,000
Base.................... units)..........................
California....................... Vandenberg Air Force Base Replace Family Housing (120 $30,906,000
units)..........................
Florida.......................... MacDill Air Force Base... Construct Housing Maintenance $1,250,000
Facility........................
Missouri......................... Whiteman Air Force Base.. Replace Family Housing (160 $37,087,000
units)..........................
North Carolina................... Seymour Johnson Air Force Replace Family Housing (167 $32,693,000
Base.................... units)..........................
Germany.......................... Ramstein Air Base........ USAFE Theater Aerospace $24,204,000
Operations Support Center.......
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4687]]
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2007 project.
Sec. 2405. Modification of authority to carry out certain fiscal year
2005 projects.
Sec. 2406. Extension of authorization of certain fiscal year 2006
project.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorized chemical demilitarization program construction and
land acquisition projects.
Sec. 2412. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2413. Modification of authority to carry out certain fiscal year
1997 project.
Sec. 2414. Modification of authority to carry out certain fiscal year
2000 project.
Subtitle A--Defense Agency Authorizations
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following tables:
[[Page 122 STAT. 4688]]
Defense Education Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Kentucky............................... Fort Campbell.......................................... $21,400,000
North Carolina......................... Fort Bragg............................................. $78,471,000
----------------------------------------------------------------------------------------------------------------
Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Illinois............................... Scott Air Force Base................................... $13,977,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4689]]
Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Defense Distribution Depot, Tracy............... $50,300,000
Delaware...................................... Defense Fuel Supply Center, Dover Air Force Base $3,373,000
Florida....................................... Defense Fuel Support Point, Jacksonville........ $34,000,000
Georgia....................................... Hunter Army Air Field........................... $3,500,000
Hawaii........................................ Pearl Harbor.................................... $27,700,000
New Mexico.................................... Kirtland Air Force Base......................... $14,400,000
Oklahoma...................................... Altus Air Force Base............................ $2,850,000
Pennsylvania.................................. Philadelphia.................................... $1,200,000
Utah.......................................... Hill Air Force Base............................. $20,400,000
Virginia...................................... Craney Island................................... $39,900,000
----------------------------------------------------------------------------------------------------------------
National Security Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland....................................... Fort Meade..................................... $31,000,000
----------------------------------------------------------------------------------------------------------------
Special Operations Command
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Naval Amphibious Base, Coronado................ $9,800,000
Florida........................................ Eglin Air Force Base........................... $40,000,00
Hurlburt Field................................. $8,900,000
MacDill Air Force Base......................... $10,500,000
Kentucky....................................... Fort Campbell.................................. $15,000,000
New Mexico..................................... Cannon Air Force Base.......................... $26,400,000
North Carolina................................. Fort Bragg..................................... $38,250,000
Virginia....................................... Fort Story..................................... $11,600,000
Washington..................................... Fort Lewis..................................... $38,000,000
----------------------------------------------------------------------------------------------------------------
TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Fort Richardson................................ $6,300,000
Colorado....................................... Buckley Air Force Base......................... $3,000,000
Georgia........................................ Fort Benning................................... $3,900,000
Kentucky....................................... Fort Campbell.................................. $24,000,000
Maryland....................................... Aberdeen Proving Ground........................ $430,000,000
Missouri....................................... Fort Leonard Wood.............................. $22,000,000
Oklahoma....................................... Tinker Air Force Base.......................... $65,000,000
Texas.......................................... Fort Sam Houston............................... $13,000,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4690]]
Washington Headquarters Services
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Virginia....................................... Pentagon Reservation........................... $38,940,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following tables:
[[Page 122 STAT. 4691]]
Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany................................... Germersheim............................................ $48,000,000
Greece.................................... Souda Bay.............................................. $8,000,000
----------------------------------------------------------------------------------------------------------------
Missile Defense Command
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Czech Republic............................ Various Locations..................................... $176,100,000
Poland.................................... Various Locations..................................... $661,380,000
----------------------------------------------------------------------------------------------------------------
Special Operations Command
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Qatar..................................... Al Udeid............................................... $9,200,000
----------------------------------------------------------------------------------------------------------------
TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam...................................... Naval Activities....................................... $30,000,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4692]]
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(6), the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10, United
States Code, in the amount of $90,000,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2008, for military
construction, land acquisition, and military family housing functions of
the Department of Defense (other than the military departments) in the
total amount of $1,639,050,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $740,811,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $246,360,000.
(3) For unspecified minor military construction projects
under section 2805 of title 10, United States Code, $28,853,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$5,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $133,225,000.
(6) For energy conservation projects authorized by section
2402 of this Act, $90,000,000.
(7) For support of military family housing, including
functions described in section 2833 of title 10, United States
Code, and credits to the Department of Defense Family Housing
Improvement Fund under section 2883 of title 10, United States
Code, and the Homeowners Assistance Fund established under
section 1013 of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374), $54,581,000.
(8) For the construction of increment 4 of the regional
security operations center at Augusta, Georgia, authorized by
section 2401(a) of the Military Construction Authorization Act
of Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.
3497), as amended by section 7016 of the Emergency Supplemental
Appropriation Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 485),
$100,220,000.
(9) For the construction of increment 2 of the Army Medical
Research Institute of Infectious Diseases Stage 1 at Fort
Detrick, Maryland, authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 2007 (division B
of Public Law 109-364; 120 Stat. 2457), $209,000,000.
(10) For the construction of increment 2 of the special
operations forces operational facility at Dam Neck, Virginia,
authorized by section 2401(a) of the Military Construction
Authorization Act of Fiscal Year 2008 (division B of Public Law
110-181; 122 Stat. 521), $31,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the sum of the following:
[[Page 122 STAT. 4693]]
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $402,000,000 (the balance of the amount authorized for
the TRICARE Management Activity under section 2401(a) for the
construction of the United States Army Medical Research
Institute of Infectious Diseases at Aberdeen Proving Ground,
Maryland).
(3) $618,780,000 (the balance of the amount authorized for
the Missile Defense Command under section 2401(b) for the
construction of the Ballistic Missile Defense, European
Interceptor Site).
(4) $67,540,000 (the balance of the amount authorized for
the Missile Defense Command under section 2401(b) for the
construction of the Ballistic Missile Defense, European Mid-
Course Radar Site).
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2007 PROJECT.
(a) Modification.--The table relating to the TRICARE Management
Activity in section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2457) is amended in the item relating to Fort Detrick, Maryland, by
striking ``$550,000,000'' in the amount column and inserting
``$683,000,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of that Act (120 Stat.
2461) is amended by striking ``$521,000,000'' and inserting
``$654,000,000''.
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2005 PROJECTS.
(a) Modification.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2005 (division B of
Public Law 108-375; 118 Stat. 2112) is amended--
(1) by striking the item relating to Defense Fuel Support
Point, Naval Air Station, Oceana, Virginia; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$485,193,000''.
(b) Conforming Amendments.--Section 2404(a) of that Act (118 Stat.
2113) is amended--
(1) in the matter preceding paragraph (1), by striking
``$1,055,663,000'' and inserting ``$1,052,074,000''; and
(2) in paragraph (1), by striking ``$411,782,000'' and
inserting ``$408,193,000''.
SEC. 2406. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2006
PROJECT.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3501), authorizations set forth in the
tables in subsection (b), as provided in section 2401 of that Act, shall
remain in effect until October 1, 2009, or the date of the enactment of
an Act authorizing funds for military construction for fiscal year 2010,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
[[Page 122 STAT. 4694]]
Defense Logistics Agency: Extension of 2006 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency.................. Defense Distribution Depot Susquehanna, New Cumberland, $6,500,000
Pennsylvania.
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4695]]
Subtitle B--Chemical Demilitarization Authorizations
SEC. 2411. AUTHORIZED CHEMICAL DEMILITARIZATION PROGRAM
CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2412(1), the Secretary of Defense may acquire
real property and carry out military construction projects for the
installations or locations inside the United States, and in the amounts,
set forth in the following table:
[[Page 122 STAT. 4696]]
Chemical Demilitarization Program: Inside the United States
----------------------------------------------------------------------------------------------------------------
Army Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Army...................................... Blue Grass Army Depot, Kentucky........................ $12,000,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4697]]
SEC. 2412. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL
DEMILITARIZATION CONSTRUCTION, DEFENSE-
WIDE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2008, for military construction and land
acquisition for chemical demilitarization in the total amount of
$144,278,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2411(a), $12,000,000.
(2) For the construction of phase 10 of a munitions
demilitarization facility at Pueblo Chemical Activity, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law
104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839) and section
2407 of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
$65,060,000.
(3) For the construction of phase 9 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law
106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298) and section
2405 of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
$67,218,000.
SEC. 2413. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 1997 PROJECT.
(a) Modifications.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106-65; 113 Stat. 839) and section 2407 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2699), is amended--
(1) under the agency heading relating to the Chemical
Demilitarization Program, in the item relating to Pueblo Army
Depot, Colorado, by striking ``$261,000,000'' in the amount
column and inserting ``$484,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$830,454,000''.
(b) Conforming Amendment.--Section 2406(b)(2) of the Military
Construction Authorization Act for Fiscal Year 1997 (110 Stat. 2779), as
so amended, is further amended by striking ``$261,000,000'' and
inserting ``$484,000,000''.
SEC. 2414. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2000 PROJECT.
(a) Modifications.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (division B
of Public Law 107-107; 115 Stat. 1298) and section
[[Page 122 STAT. 4698]]
2405 of the Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2698), is amended--
(1) under the agency heading relating to Chemical
Demilitarization, in the item relating to Blue Grass Army Depot,
Kentucky, by striking ``$290,325,000'' in the amount column and
inserting ``$492,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$949,920,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 839), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (division B
of Public Law 107-107; 115 Stat. 1298) and section 2405 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2698), is further amended by striking
``$267,525,000'' and inserting ``$469,200,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to exceed
the sum of the amount authorized to be appropriated for this purpose in
section 2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed by the
United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2008, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501, in the amount of $230,867,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out certain fiscal year
2008 project.
Sec. 2608. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2609. Extension of Authorization of certain fiscal year 2005
project.
[[Page 122 STAT. 4699]]
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(A), the Secretary of the Army may
acquire real property and carry out military construction projects for
the Army National Guard locations, and in the amounts, set forth in the
following table:
[[Page 122 STAT. 4700]]
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama................................... Fort McClellan........................................ $3,000,000
Alaska.................................... Bethel Armory......................................... $16,000,000
Arizona................................... Camp Navajo........................................... $13,000,000
Florence.............................................. $13,800,000
Papago Military Reservation........................... $24,000,000
Arkansas.................................. Cabot................................................. $10,868,000
Colorado.................................. Denver................................................ $9,000,000
Grand Junction........................................ $9,000,000
Connecticut............................... Camp Rell............................................. $28,000,000
East Haven............................................ $13,800,000
Delaware.................................. New Castle............................................ $28,000,000
Florida................................... Camp Blanding......................................... $33,307,000
Georgia................................... Dobbins Air Reserve Base.............................. $45,000,000
Idaho..................................... Orchard Training Area................................. $1,850,000
Illinois.................................. Urbana Armory......................................... $16,186,000
Indiana................................... Camp Atterbury........................................ $5,800,000
Lawrence.............................................. $21,000,000
Muscatatuck........................................... $6,000,000
Iowa...................................... Camp Dodge............................................ $1,500,000
Davenport............................................. $1,550,000
Mount Pleasant........................................ $1,500,000
Kentucky.................................. London................................................ $7,191,000
Maine..................................... Bangor................................................ $20,000,000
Maryland.................................. Edgewood.............................................. $28,000,000
Salisbury............................................. $9,800,000
Massachusetts............................. Methuen............................................... $21,000,000
Michigan.................................. Camp Grayling......................................... $22,943,000
Minnesota................................. Arden Hills........................................... $15,000,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4701]]
Army National Guard--Continued
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Nevada.................................... Elko.................................................. $11,375,000
New York.................................. Fort Drum............................................. $11,000,000
Queensbury............................................ $5,900,000
Ohio...................................... Camp Perry............................................ $2,000,000
Ravenna............................................... $2,000,000
Pennsylvania.............................. Honesdale............................................. $6,117,000
Rhode Island.............................. North Kingstown....................................... $5,000,000
South Carolina............................ Anderson.............................................. $12,000,000
Beaufort.............................................. $3,400,000
Eastover.............................................. $28,000,000
Hemingway............................................. $4,600,000
South Dakota.............................. Camp Rapid............................................ $14,463,000
Rapid City............................................ $29,000,000
Tennessee................................. Tullahoma............................................. $10,372,000
Utah...................................... Camp Williams......................................... $17,500,000
Vermont................................... Ethan Allen Firing Range.............................. $10,200,000
Virginia.................................. Arlington............................................. $15,500,000
Fort Pickett.......................................... $2,950,000
Washington................................ Fort Lewis (Gray Army Airfield)....................... $32,000,000
West Virginia............................. Camp Dawson........................................... $9,000,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4702]]
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(B), the Secretary of the Army may
acquire real property and carry out military construction projects for
the Army Reserve locations, and in the amounts, set forth in the
following table:
[[Page 122 STAT. 4703]]
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California................................ Fort Hunter Liggett.................................... $3,950,000
Hawaii Fort Shafter........................................... $19,199,000
Idaho..................................... Hayden Lake............................................ $9,580,000
Kansas.................................... Dodge City............................................. $8,100,000
Maryland.................................. Baltimore.............................................. $11,600,000
Massachusetts............................. Fort Devens............................................ $1,900,000
Michigan.................................. Saginaw................................................ $11,500,000
Missouri.................................. Weldon Springs......................................... $11,700,000
Nevada.................................... Las Vegas.............................................. $33,900,000
New Jersey................................ Fort Dix............................................... $3,825,000
New York.................................. Kingston............................................... $13,494,000
Shoreham............................................... $15,031,000
Staten Island.......................................... $18,550,000
North Carolina............................ Raleigh................................................ $25,581,000
Pennsylvania.............................. Letterkenny Army Depot................................. $14,914,000
Tennessee................................. Chattanooga............................................ $10,600,000
Texas..................................... Sinton................................................. $9,700,000
Washington................................ Seattle................................................ $37,500,000
Wisconsin................................. Fort McCoy............................................. $4,000,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4704]]
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(2), the Secretary of the Navy may acquire
real property and carry out military construction projects for the Navy
Reserve and Marine Corps Reserve locations, and in the amounts, set
forth in the following table:
[[Page 122 STAT. 4705]]
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California................................ Lemoore............................................... $15,420,000
Delaware.................................. Wilmington............................................ $11,530,000
Georgia................................... Marietta.............................................. $7,560,000
Virginia.................................. Norfolk............................................... $8,170,000
Williamsburg.......................................... $12,320,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4706]]
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(A), the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the Air National Guard locations, and in the amounts, set forth in the
following table:
[[Page 122 STAT. 4707]]
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arkansas.................................. Little Rock Air Force Base............................ $4,000,000
Colorado.................................. Buckley Air Force Base................................ $4,200,000
Connecticut............................... Bradley International Airport......................... $7,200,000
Delaware.................................. New Castle County Airport............................. $14,800,000
Georgia................................... Savannah Combat Readiness Training Center............. $7,500,000
Indiana................................... Fort Wayne International Airport...................... $5,600,000
Iowa...................................... Fort Dodge............................................ $5,600,000
Kansas.................................... Smoky Hill Air National Guard Range................... $7,100,000
Maryland.................................. Martin State Airport.................................. $7,900,000
Massachusetts............................. Otis Air National Guard Base.......................... $14,300,000
Minnesota................................. Duluth 148th Fighter Wing Base........................ $4,500,000
Minneapolis-St. Paul.................................. $1,500,000
Mississippi............................... Gulfport-Biloxi International Airport................. $3,400,000
New Jersey................................ Atlantic City International Airport................... $8,400,000
New York.................................. Gabreski Airport, Westhampton......................... $7,500,000
Hancock Field......................................... $10,400,000
Ohio...................................... Springfield Air National Guard Base................... $12,800,000
Rhode Island.............................. Quonset State Airport................................. $7,700,000
South Dakota.............................. Joe Foss Field........................................ $4,500,000
Tennessee................................. Knoxville............................................. $8,000,000
Texas..................................... Ellington Field....................................... $7,600,000
Fort Worth Naval Air Station Joint Reserve Base....... $5,000,000
Vermont................................... Burlington International Airport...................... $6,600,000
Washington................................ McChord Air Force Base................................ $8,600,000
West Virginia............................. Yeager Airport, Charleston............................ $27,000,000
Wisconsin................................. Truax Field........................................... $6,300,000
Wyoming................................... Cheyenne Municipal Airport............................ $7,000,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4708]]
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(B), the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the Air Force Reserve locations, and in the amounts, set forth in the
following table:
[[Page 122 STAT. 4709]]
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia................................... Dobbins Air Reserve Base............................... $6,450,000
Oklahoma.................................. Tinker Air Force Base.................................. $9,900,000
New York.................................. Niagara Falls Air Reserve Station...................... $9,000,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4710]]
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND
RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2008, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), in the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $736,317,000; and
(B) for the Army Reserve, $282,607,000.
(2) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $57,045,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$242,924,000; and
(B) for the Air Force Reserve, $36,958,000.
SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2008 PROJECT.
The table in section 2601 of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.
527) is amended in the item relating to North Kingstown, Rhode Island,
by striking ``$33,000,000'' in the amount column and inserting
``$38,000,000''.
SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3501), the authorizations set forth in the
table in subsection (b), as provided in section 2601 of that Act, shall
remain in effect until October 1, 2009, or the date of the enactment of
an Act authorizing funds for military construction for fiscal year 2010,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
[[Page 122 STAT. 4711]]
Army National Guard: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California......................... Camp Roberts.................. Urban Assault Course.......... $1,485,000
Idaho.............................. Gowen Field................... Railhead, Phase 1............. $8,331,000
Mississippi........................ Biloxi........................ Readiness Center.............. $16,987,000
Camp Shelby................... Modified Record Fire Range.... $2,970,000
Montana............................ Townsend...................... Automated Qualification $2,532,000
Training Range.
Pennsylvania....................... Philadelphia.................. Stryker Brigade Combat Team $11,806,000
Readiness Center.
OrganizationalMaintenance Shop $6,144,930
#7.
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4712]]
SEC. 2609. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005
PROJECT.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2005 (division B of
Public Law 108-375; 118 Stat. 2116), the authorization set forth in the
table in subsection (b), as provided in section 2601 of that Act, shall
remain in effect until October 1, 2009, or the date of the enactment of
an Act authorizing funds for military construction for fiscal year 2010,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
[[Page 122 STAT. 4713]]
Army National Guard: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California......................... Dublin........................ Readiness Center, Add/Alt $11,318,000
(ADRS).
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4714]]
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Subtitle A--Authorizations
Sec. 2701. Authorization of appropriations for base closure and
realignment activities funded through Department of Defense
Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and
realignment activities funded through Department of Defense
Base Closure Account 2005.
Subtitle B--Amendments to Base Closure and Related Laws
Sec. 2711. Modification of annual base closure and realignment reporting
requirements.
Sec. 2712. Technical corrections regarding authorized cost and scope of
work variations for military construction and military family
housing projects related to base closures and realignments.
Subtitle C--Other Matters
Sec. 2721. Independent design review of National Naval Medical Center
and military hospital at Fort Belvoir.
Sec. 2722. Report on use of BRAC properties as sites for refineries or
nuclear power plants.
Subtitle A--Authorizations
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 1990.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2008, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act, in the
total amount of $458,377,000, as follows:
(1) For the Department of the Army, $87,855,000.
(2) For the Department of the Navy, $228,700,000.
(3) For the Department of the Air Force, $139,155,000.
(4) For the Defense Agencies, $2,667,000.
SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES
FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT 2005.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may carry out
base closure and realignment activities, including real property
acquisition and military construction projects, as authorized by the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the
Department of Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $6,982,334,000.
[[Page 122 STAT. 4715]]
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 2005.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2008, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act, in the
total amount of $9,065,386,000, as follows:
(1) For the Department of the Army, $4,486,178,000.
(2) For the Department of the Navy, $871,492,000.
(3) For the Department of the Air Force, $1,072,925,000.
(4) For the Defense Agencies, $2,634,791,000.
Subtitle B--Amendments to Base Closure and Related Laws
SEC. 2711. MODIFICATION OF ANNUAL BASE CLOSURE AND REALIGNMENT
REPORTING REQUIREMENTS.
(a) Termination of Reporting Requirements After Fiscal Year 2014.--
Section 2907 of the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended--
(1) by striking ``As part of the budget request for fiscal
year 2007 and for each fiscal year thereafter'' and inserting
``(a) Reporting Requirement.--As part of the budget request for
fiscal year 2007 and for each fiscal year thereafter through
fiscal year 2016''; and
(2) by adding at the end the following new subsection:
``(b) Termination of Reporting Requirements Related to Realignment
Actions.--The reporting requirements under subsection (a) shall
terminate with respect to realignment actions after the report submitted
with the budget for fiscal year 2014.''.
(b) Exclusion of Descriptions of Realignment Actions.--Subsection
(a) of such section, as designated and amended by subsection (a)(1) of
this section, is further amended--
(1) in paragraph (1), by striking ``and realignment'' both
places it appears;
(2) in paragraph (2), by striking ``and realignments''; and
(3) in paragraphs (3), (4), (5), (6), and (7), by striking
``or realignment'' each place it appears.
SEC. 2712. TECHNICAL CORRECTIONS REGARDING AUTHORIZED COST AND
SCOPE OF WORK VARIATIONS FOR MILITARY
CONSTRUCTION AND MILITARY FAMILY HOUSING
PROJECTS RELATED TO BASE CLOSURES AND
REALIGNMENTS.
(a) Correction of Citation in Amendatory Language.--
(1) In general.--Section 2704(a) of the Military
Construction Authorization Act for Fiscal Year 2008 (division B
of Public Law 110-181; 122 Stat. 532) is amended--
(A) in subsection (a), by striking ``Section 2905A''
and inserting ``Section 2906A''; and
[[Page 122 STAT. 4716]]
(B) in subsection (b), by striking ``section 2905A''
and inserting ``section 2906A''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on January 28, 2008, as if included in the
enactment of section 2704 of the Military Construction
Authorization Act for Fiscal Year 2008.
(b) Correction of Scope or Work Variation Limitation.--Subsection
(f) of section 2906A of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note),
as added by section 2704(a) of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.
532) and amended by subsection (a), is amended by striking ``20 percent
or $2,000,000, whichever is greater'' and inserting ``20 percent or
$2,000,000, whichever is less''.
Subtitle C--Other Matters
SEC. 2721. <<NOTE: Maryland. Virginia.>> INDEPENDENT DESIGN
REVIEW OF NATIONAL NAVAL MEDICAL CENTER
AND MILITARY HOSPITAL AT FORT BELVOIR.
(a) Findings.--Congress makes the following findings:
(1) Military personnel and their families, as well as
veterans and retired military personnel living in the National
Capital region, deserve to be treated in world class medical
facilities.
(2) World class medical facilities are defined as
incorporating the best practices of the premier private health
facilities in the country as well as the collaborative input of
military health care professionals into a design that supports
the unique needs of military personnel and their families.
(3) The closure of the Walter Reed Army Medical Center in
Washington, D.C., and the resulting construction of the National
Military Medical Center at the National Naval Medical Center,
Bethesda, Maryland, and a new military hospital at Fort Belvoir,
Virginia, offer the Department of Defense the opportunity to
provide state-of-the-art and world-class medical facilities
offering the highest quality of joint service care for members
of the Armed Forces and their families.
(4) Congress has supported a Department of Defense request
to expedite the construction of the new facilities at Bethesda
and Fort Belvoir in order to provide care in better facilities
as quickly as possible.
(5) The Department of Defense has a responsibility to ensure
that the expedited design and construction of such facilities do
not result in degradation of the quality standards required for
world class facilities.
(b) Independent Design Review.--
(1) Establishment of design review panel.--The Secretary of
Defense shall establish a panel consisting of medical facility
design experts, military healthcare professionals,
representatives of premier health care facilities in the United
States, and patient representatives--
(A) to review design plans for the National Military
Medical Center and the new military hospital at Fort
Belvoir; and
[[Page 122 STAT. 4717]]
(B) to advise the Secretary regarding whether the
design, in the view of the panel, will achieve the goal
of providing world-class medical facilities; and
(2) Recommendations for changes to design plan.--If the
panel determines that the design plans will not meet such goal,
the panel shall make recommendations for changes to those plans
to ensure the construction of world-class medical facilities.
(3) Report.--Not later than 90 days after the date of the
enactment of this Act, the panel shall submit to the Secretary
of Defense a report on the findings and recommendations of the
panel to address any deficiencies in the conceptual design
plans.
(4) Assessment of recommendations.--
Not <<NOTE: Deadline. Reports.>> later than 30 days after
submission of the report under paragraph (3), the Secretary of
Defense shall submit to the congressional defense committees a
report including--
(A) an assessment by the Secretary of the findings
and recommendations of the panel; and
(B) the plans of the Secretary for addressing such
findings and recommendations.
(c) Cost Estimate.--
(1) Preparation.--The Department of Defense shall prepare a
cost estimate of the total cost to be incurred by the United
States to close Walter Reed Army Medical Center, design and
construct replacement facilities at the National Naval Medical
Center and Fort Belvoir, and relocate operations to the
replacement facilities.
(2) Submission.--The <<NOTE: Deadline.>> Secretary of
Defense shall submit the resulting cost estimate to the
congressional defense committees as soon as possible, but in no
case later than 120 days after the date of the enactment of this
Act.
(d) Milestone Schedule.--
(1) Preparation.--The Secretary of Defense shall prepare a
complete milestone schedule for the closure of Walter Reed Army
Medical Center, the design and construction of replacement
facilities at the National Naval Medical Center and Fort
Belvoir, and the relocation of operations to the replacement
facilities. The <<NOTE: Transition plan.>> schedule shall
include a detailed plan regarding how the Department of Defense
will carry out the transition of operations between Walter Reed
Army Medical Center and the replacement facilities.
(2) Submission.--The <<NOTE: Deadline.>> Secretary of
Defense shall submit the resulting milestone schedule and
transition plan to the congressional defense committees as soon
as possible, but in no case later than 45 days after the date of
the enactment of this Act.
SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES FOR
REFINERIES OR NUCLEAR POWER PLANTS.
Not later than October 1, 2009, the Secretary of Defense shall
submit to the congressional defense committees a report evaluating the
feasibility of using military installations selected for closure under
the base closure and realignment process as locations for the
construction of petroleum or natural gas refineries or nuclear power
plants.
[[Page 122 STAT. 4718]]
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Incorporation of principles of sustainable design in
documents submitted as part of proposed military construction
projects.
Sec. 2802. Revision of maximum lease amount applicable to certain
domestic Army family housing leases to reflect previously
made annual adjustments in amount.
Sec. 2803. Use of military family housing constructed under build and
lease authority to house members without dependents.
Sec. 2804. Leasing of military family housing to Secretary of Defense.
Sec. 2805. Improved oversight and accountability for military housing
privatization initiative projects.
Sec. 2806. Authority to use operation and maintenance funds for
construction projects inside the United States Central
Command and United States Africa Command areas of
responsibility.
Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family
Housing LLC.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Clarification of congressional reporting requirements for
certain real property transactions.
Sec. 2812. Authority to lease non-excess property of military
departments and Defense Agencies.
Sec. 2813. Modification of utility system conveyance authority.
Sec. 2814. Defense access roads.
Sec. 2815. Report on application of force protection and anti-terrorism
standards to gates and entry points on military
installations.
Subtitle C--Provisions Related to Guam Realignment
Sec. 2821. Sense of Congress regarding military housing and utilities
related to Guam realignment.
Sec. 2822. Federal assistance to Guam.
Sec. 2823. Eligibility of the Commonwealth of the Northern Mariana
Islands for military base reuse studies and community
planning assistance.
Sec. 2824. Support for realignment of military installations and
relocation of military personnel on Guam.
Subtitle D--Energy Security
Sec. 2831. Certification of enhanced use leases for energy-related
projects.
Sec. 2832. Annual report on Department of Defense installations energy
management.
Subtitle E--Land Conveyances
Sec. 2841. Land conveyance, former Naval Air Station, Alameda,
California.
Sec. 2842. Transfer of administrative jurisdiction, decommissioned Naval
Security Group Activity, Skaggs Island, California.
Sec. 2843. Transfer of proceeds from property conveyance, Marine Corps
Logistics Base, Albany, Georgia.
Sec. 2844. Land conveyance, Sergeant First Class M.L. Downs Army Reserve
Center, Springfield, Ohio.
Sec. 2845. Land conveyance, John Sevier Range, Knox County, Tennessee.
Sec. 2846. Land conveyance, Army property, Camp Williams, Utah.
Sec. 2847. Extension of Potomac Heritage National Scenic Trail through
Fort Belvoir, Virginia.
Subtitle F--Other Matters
Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery.
Sec. 2852. Acceptance and use of gifts for construction of additional
building at National Museum of the United States Air Force,
Wright-Patterson Air Force Base.
Sec. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval Base,
Hawaii.
Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania.
Sec. 2855. Naming of health facility, Fort Rucker, Alabama.
[[Page 122 STAT. 4719]]
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCORPORATION OF PRINCIPLES OF SUSTAINABLE DESIGN IN
DOCUMENTS SUBMITTED AS PART OF PROPOSED
MILITARY CONSTRUCTION PROJECTS.
(a) Definition of Life-Cycle Cost-Effective.--Subsection (c) of
section 2801 of title 10, United States Code, is amended--
(1) by transferring paragraph (4) to appear as the first
paragraph in the subsection and redesignating such paragraph as
paragraph (1);
(2) by redesignating the subsequent three paragraphs as
paragraphs (2), (4), and (5), respectively; and
(3) by inserting after paragraph (2), as so redesignated,
the following new paragraph:
``(3) The term `life-cycle cost-effective', with respect to
a project, product, or measure, means that the sum of the
present values of investment costs, capital costs, installation
costs, energy costs, operating costs, maintenance costs, and
replacement costs, as estimated for the lifetime of the project,
product, or measure, does not exceed the base case (current or
standard) for the practice, product, or measure.''.
(b) Inclusion.--Section 2802 of such title is amended by adding at
the end the following new subsection:
``(c) <<NOTE: Recommen- dations.>> In determining the scope of a
proposed military construction project, the Secretary concerned shall
submit to the President such recommendations as the Secretary considers
to be appropriate regarding the incorporation and inclusion of life-
cycle cost-effective practices as an element in the project documents
submitted to Congress in connection with the budget submitted pursuant
to section 1105 of title 31 for the fiscal year in which a contract is
proposed to be awarded for the project.''.
SEC. 2802. REVISION OF MAXIMUM LEASE AMOUNT APPLICABLE TO CERTAIN
DOMESTIC ARMY FAMILY HOUSING LEASES TO
REFLECT PREVIOUSLY MADE ANNUAL
ADJUSTMENTS IN AMOUNT.
Section 2828(b)(7)(A) of title 10, United States Code, is amended by
striking ``$18,620 per unit'' and inserting ``$35,000 per unit''.
SEC. 2803. USE OF MILITARY FAMILY HOUSING CONSTRUCTED UNDER BUILD
AND LEASE AUTHORITY TO HOUSE MEMBERS
WITHOUT DEPENDENTS.
(a) In General.--Subchapter II of chapter 169 of title 10, United
States Code, is amended by inserting after section 2835 the following
new section:
``Sec. 2835a. Use of military family housing constructed under
build and lease authority to house other
members
``(a) Individual Assignment of Members Without Dependents.--(1) To
the extent that the Secretary concerned determines that military family
housing constructed and leased under section 2835 of this title is not
needed to house members of the armed forces eligible for assignment to
military family housing, the Secretary may assign, without rental
charge, members without dependents to the housing.
[[Page 122 STAT. 4720]]
``(2) A member without dependents who is assigned to housing
pursuant to paragraph (1) shall be considered to be assigned to quarters
pursuant to section 403(e) of title 37.
``(b) Conversion to Long-Term Leasing of Military Unaccompanied
Housing.--(1) If the Secretary concerned determines that military family
housing constructed and leased under section 2835 of this title is
excess to the long-term needs of the family housing program of the
Secretary, the Secretary may convert the lease contract entered into
under subsection (a) of such section into a long-term lease of military
unaccompanied housing.
``(2) The term of the lease contract for military unaccompanied
housing converted from military family housing under paragraph (1) may
not exceed the remaining term of the lease contract for the family
housing so converted.
``(c) Notice and Wait Requirements.--(1) The Secretary concerned may
not convert military family housing to military unaccompanied housing
under subsection (b) until--
``(A) the Secretary submits to the congressional defense
committees a notice of the intent to undertake the conversion;
and
``(B) <<NOTE: Time periods.>> a period of 21 days has
expired following the date on which the notice is received by
the committees or, if earlier, a period of 14 days has expired
following the date on which a copy of the notice is provided in
an electronic medium pursuant to section 480 of this title.
``(2) The notice required by paragraph (1) shall include--
``(A) an explanation of the reasons for the conversion of
the military family housing to military unaccompanied housing;
``(B) a description of the long-term lease to be converted;
``(C) amounts to be paid under the lease; and
``(D) the expiration date of the lease.
``(d) Application to Housing Leased Under Former Authority.--This
section also shall apply to housing initially acquired or constructed
under the former section 2828(g) of this title (commonly known as the
`Build to Lease program'), as added by section 801 of the Military
Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat
782).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2835 the following new item:
``2835a. Use of military family housing constructed under build and
lease authority to house other members.''.
SEC. 2804. LEASING OF MILITARY FAMILY HOUSING TO SECRETARY OF
DEFENSE.
(a) Leasing of Housing.--Subchapter II of chapter 169 of title 10,
United States Code, is amended by inserting after section 2837 the
following new section:
``Sec. 2838. Leasing of military family housing to Secretary of
Defense
``(a) Authority.--(1) The Secretary of a military department may
lease to the Secretary of Defense military family housing in the
National Capital Region (as defined in section 2674(f) of this title).
``(2) In determining the military housing unit to lease under this
section, the Secretary of Defense should first consider any
[[Page 122 STAT. 4721]]
available military housing units that are already substantially equipped
for executive communications and security.
``(b) Rental Rate.--A lease under subsection (a) shall provide for
the payment by the Secretary of Defense of consideration in an amount
equal to 105 percent of the monthly rate of basic allowance for housing
prescribed under section 403(b) of title 37 for a member of the
uniformed services in the pay grade of O-10 with dependents assigned to
duty at the military installation on which the leased housing unit is
located. A rate so established shall be considered the fair market value
of the lease interest.
``(c) Treatment of Proceeds.--(1) The Secretary of a military
department shall deposit all amounts received pursuant to leases entered
into by the Secretary under this section into a special account in the
Treasury established for such military department.
``(2) The proceeds deposited into the special account of a military
department pursuant to paragraph (1) shall be available to the Secretary
of that military department, without further appropriation, for the
maintenance, protection, alteration, repair, improvement, or restoration
of military housing on the military installation at which the housing
leased pursuant to subsection (a) is located.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2838. Leasing of military family housing to Secretary of Defense.''.
SEC. 2805. IMPROVED OVERSIGHT AND ACCOUNTABILITY FOR MILITARY
HOUSING PRIVATIZATION INITIATIVE
PROJECTS.
(a) Oversight and Accountability.--
(1) In general.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2885. Oversight and accountability for privatization
projects
``(a) Oversight and Accountability Measures.--
Each <<NOTE: Regulations.>> Secretary concerned shall prescribe
regulations to effectively oversee and manage military housing
privatization projects carried out under this subchapter. The
regulations shall include the following requirements for each
privatization project:
``(1) <<NOTE: Deadlines. Reports.>> The installation asset
manager shall conduct monthly site visits and provide quarterly
reports on the progress of the construction or renovation of the
housing units. The reports shall be submitted quarterly to the
assistant secretary for installations and environment of the
respective military department.
``(2) The installation asset manager, and, as applicable,
the resident construction manager, privatization asset manager,
bondholder representative, project owner, developer, general
contractor, and construction consultant for the project shall
conduct meetings to ensure that the construction or renovation
of the units meets performance and schedule requirements and
that appropriate operating and ground lease agreements are in
place and adhered to.
``(3) <<NOTE: Notice.>> If a project is 90 days or more
behind schedule or otherwise appears to be substantially failing
to adhere to the
[[Page 122 STAT. 4722]]
obligations or milestones under the contract, the assistant
secretary for installations and environment of the respective
military department shall submit a notice of deficiency to the
Deputy Under Secretary of Defense (Installations and
Environment), the Secretary concerned, the managing member, and
the trustee for the project.
``(4)(A) <<NOTE: Deadlines.>> Not later than 15 days after
the submittal of a notice of deficiency under paragraph (3), the
Secretary concerned or designated representative shall submit to
the project owner, developer, or general contractor responsible
for the project a summary of deficiencies related to the
project.
``(B) If the project owner, developer, or general contractor
responsible for the privatization project is unable, within 60
days after receiving a notice of deficiency under subparagraph
(A), to make progress on the issues outlined in such notice, the
Secretary concerned shall notify the congressional defense
committees of the status of the project, and shall provide a
recommended course of action to correct the problems.
``(b) Required Qualifications.--The Secretary concerned or
designated representative shall ensure that the project owner,
developer, or general contractor that is selected for each military
housing privatization initiative project has construction experience
commensurate with that required to complete the project.
``(c) Bonding Levels.--The Secretary concerned shall ensure that the
project owner, developer, or general contractor responsible for a
military housing privatization initiative project has sufficient payment
and performance bonds or suitable instruments in place for each phase of
a construction or renovation portion of the project to ensure successful
completion of the work in amounts as agreed to in the project's legal
documents, but in no case less than 50 percent of the total value of the
active phases of the project, prior to the commencement of work for that
phase.
``(d) Reporting of Efforts To Select Successor in Event of
Default.--In the event a military housing privatization initiative
project enters into default, the assistant secretary for installations
and environment of the respective military department shall submit a
report to the congressional defense committees every 90 days detailing
the status of negotiations to award the project to a new project owner,
developer, or general contractor.
``(e) Effect of Notices of Deficiency on Contractors and Affiliated
Entities.--(1) The <<NOTE: Records.>> Secretary concerned shall keep a
record of all plans of action or notices of deficiency issued to a
project owner, developer, or general contractor under subsection (a)(4),
including the identity of each parent, subsidiary, affiliate, or other
controlling entity of such owner, developer, or contractor.
``(2) Each military department shall consult all records maintained
under paragraph (1) when reviewing the past performance of owners,
developers, and contractors in the bidding process for a contract or
other agreement for a military housing privatization initiative
project.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end the
following new item:
``2885. Oversight and accountability for privatization projects.''.
[[Page 122 STAT. 4723]]
(b) Report for Identifying and Communicating Best Practices for
Transactions.--Section 2884(b) of such title is amended by adding at the
end the following new paragraph:
``(7) A report on best practices for the execution of
housing privatization initiatives, including--
``(A) effective means to track and verify proper
performance, schedule, and cash flow;
``(B) means of overseeing the actions of bondholders
to properly monitor construction progress and
construction draws;
``(C) effective structuring of transactions to
ensure the United States Government has adequate
abilities to oversee project owner performance;
``(D) ensuring that notices to proceed on new work
are not issued until proper bonding is in place; and
``(E) such other topics that are identified as
pertinent by the Department of Defense.''.
(c) Partnership With Eligible Entity Required.--Section 2871(5) of
title 10, United States Code, is amended by inserting before the period
at the end the following: ``that is prepared to enter into a contract as
a partner with the Secretary concerned for the construction of military
housing units and ancillary supporting facilities''.
(d) Competitive Process for Conveyance or Lease of Property.--
Section 2878 of such title is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e); respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Competitive Process.--The Secretary concerned shall ensure
that the time, method, and terms and conditions of the reconveyance or
lease of property or facilities under this section from the eligible
entity permit full and free competition consistent with the value and
nature of the property or facilities involved.''.
(e) Treatment of Acquired or Constructed Housing Units.--
(1) Repeal of separate assignment authority.--Section 2882
of such title is amended to read as follows:
``Sec. 2882. Effect of assignment of members to housing units
acquired or constructed under alternative
authority
``(a) Treatment as Quarters of the United States.--Except as
provided in subsection (b), housing units acquired or constructed under
this subchapter shall be considered as quarters of the United States or
a housing facility under the jurisdiction of a uniformed service for
purposes of section 403 of title 37.
``(b) Availability of Basic Allowance for Housing.--A member of the
armed forces who is assigned to a housing unit acquired or constructed
under this subchapter that is not owned or leased by the United States
shall be entitled to a basic allowance for housing under section 403 of
title 37.
``(c) Lease Payments Through Pay Allotments.--The Secretary
concerned may require members of the armed forces who lease housing in
housing units acquired or constructed under this subchapter to make
lease payments for such housing pursuant
[[Page 122 STAT. 4724]]
to allotments of the pay of such members under section 701 of title
37.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter IV of chapter 169 of such title is
amended by striking the item relating to section 2882 and
inserting the following new item:
``2882. Effect of assignment of members to housing units acquired or
constructed under alternative authority.''.
(f) Annual Report on Maintenance and Repair to Privatized General
and Flag Officer Quarters.--Section 2884(b) of such title, as amended by
subsection (b), is further amended by adding at the end the following
new paragraph:
``(8) A report identifying each family housing unit acquired
or constructed under this subchapter that is used, or intended
to be used, as quarters for a general officer or flag officer
and for which the total operation, maintenance, and repair costs
for the unit exceeded $50,000. For each housing unit so
identified, the report shall also include the total of such
operation, maintenance, and repair costs.''.
SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS INSIDE THE UNITED
STATES CENTRAL COMMAND AND UNITED STATES
AFRICA COMMAND AREAS OF RESPONSIBILITY.
(a) One-Year Extension of Authority.--Subsection (a) of section 2808
of the Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1723), as amended by
section 2810 of the Military Construction Authorization Act for Fiscal
Year 2005 (division B of Public Law 108-375; 118 Stat. 2128), section
2809 of the Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3508), section 2802 of the
Military Construction Authorization Act for Fiscal Year 2007 (division B
of Public Law 109-364; 120 Stat. 2466), and section 2801 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 538), is further amended--
(1) by striking ``2008'' and inserting ``2009''; and
(2) by striking ``outside the United States'' and inserting
``inside the United States Central Command and United States
Africa Command areas of responsibility''.
(b) Exception for Projects in Afghanistan From Limitation on
Authority Related to Long-Term United States Presence.--Such subsection,
as so amended, is further amended by inserting before the period at the
end of paragraph (2) the following: ``, unless the military installation
is located in Afghanistan, for which projects using this authority may
be carried out at installations deemed as supporting a long-term
presence''.
(c) Modification of Annual Limitation on Use of Authority.--
Subsection (c) of section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1723) is amended to read as follows:
``(c) Annual Limitation on Use of Authority.--(1) The total cost of
the construction projects carried out under the authority of this
section using, in whole or in part, appropriated funds available for
operation and maintenance shall not exceed $200,000,000 in a fiscal
year.
[[Page 122 STAT. 4725]]
``(2) <<NOTE: Certification.>> If the Secretary of Defense
certifies to the congressional defense committees that additional
construction in Afghanistan is required to meet urgent military
requirements in Afghanistan, up to an additional $300,000,000 in funds
available for operation and maintenance may be used in Afghanistan upon
completing the prenotification requirements under subsection (b). Under
no circumstances shall the total appropriated funds available from
operation and maintenance for fiscal year 2009 exceed $500,000,000.''.
(d) Quarterly Reports.--Subsection (d)(1) of such section, as
amended by section 2810 of the Military Construction Authorization Act
for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2128)
and section 2809 of the Military Construction Authorization Act for
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3508), is
further amended by striking ``30 days'' and inserting ``45 days''.
SEC. 2807. COST-BENEFIT ANALYSIS OF DISSOLUTION OF PATRICK FAMILY
HOUSING LLC.
Not <<NOTE: Deadline.>> later than 30 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the congressional defense committees a cost-benefit analysis of
dissolving Patrick Family Housing LLC without exercising the full range
of rights available to the United States Government to recover damages
from the partnership.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. CLARIFICATION OF CONGRESSIONAL REPORTING REQUIREMENTS
FOR CERTAIN REAL PROPERTY TRANSACTIONS.
Section 2662(c) of title 10, United States Code, is amended by
striking ``river and harbor projects or flood control projects'' and
inserting ``water resource development projects of the Corps of
Engineers''.
SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF MILITARY
DEPARTMENTS AND DEFENSE AGENCIES.
(a) Consolidation of Separate Authorities.--
(1) Establishment of single authority.--Subsection (a) of
section 2667 of title 10, United States Code, is amended to read
as follows:
``(a) Lease Authority.--Whenever the Secretary concerned considers
it advantageous to the United States, the Secretary concerned may lease
to such lessee and upon such terms as the Secretary concerned considers
will promote the national defense or to be in the public interest, real
or personal property that--
``(1) is under the control of the Secretary concerned;
``(2) is not for the time needed for public use; and
``(3) is not excess property, as defined by section 102 of
title 40.''.
(2) Secretary concerned defined.--Subsection (i) of such
section is amended by adding at the end the following new
paragraph:
``(4) The term `Secretary concerned' means--
[[Page 122 STAT. 4726]]
``(A) the Secretary of a military department, with
respect to matters concerning that military department;
and
``(B) the Secretary of Defense, with respect to
matters concerning the Defense Agencies.''.
(b) Prohibition on Leaseback With Excessive Annual Payments.--
Subsection (b) of such section is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) may not provide for a leaseback by the Secretary
concerned with an annual payment in excess of $500,000.''.
(c) Improved Congressional Notification Requirements.--Paragraph (4)
of subsection (c) of such section is amended to read as follows:
``(4)(A) <<NOTE: Deadlines. Reports.>> Not later than 30 days
before issuing a contract solicitation or other lease offering under
this section for a lease whose annual payment, including any in-kind
consideration to be accepted under subsection (b)(5) or this subsection,
will exceed $750,000, the Secretary concerned shall submit to the
congressional defense committees a report containing--
``(i) a description of the proposed lease, including the
proposed duration of the lease;
``(ii) a description of the authorities to be used in
entering the lease and the intended participation of the United
States in the lease, including a justification of the intended
method of participation;
``(iii) a statement of the scored cost of the lease,
determined using the scoring criteria of the Office of
Management and Budget;
``(iv) a determination that the property involved in the
lease is not excess property, as required by subsection (a)(3),
including the basis for the determination;
``(v) a determination that the proposed lease is directly
compatible with the mission of the military installation or
Defense Agency whose property is to be subject to the lease and
the anticipated long-term use of the property at the conclusion
of the lease; and
``(vi) a description of the requirements or conditions
within the contract solicitation or other lease offering for the
offeror to address taxation issues, including payments-in-lieu-
of taxes, and other development issues related to local
municipalities.
``(B) In the case of a lease described in subparagraph (A), the
Secretary concerned also shall submit to the congressional defense
committees a report at least 30 days before the date on which the
Secretary concerned enters into a lease the following information:
``(i) A copy of the report submitted under subparagraph (A).
``(ii) A description of the differences between the report
submitted under that subparagraph and the new report.
``(iii) A description of the lessee payment required under
this section.''.
(d) Conforming Amendments to References to Military Departments and
Installations.--
[[Page 122 STAT. 4727]]
(1) Community support facilities and community support
services.--Subsection (d) of such section is amended--
(A) in paragraph (2), by striking ``Secretary of a
military department'' and inserting ``Secretary
concerned''; and
(B) in paragraphs (3), (4), and (6), by striking
``of the military department'' each place it appears.
(2) Deposit and use of proceeds.--Subsection (e) of such
section is amended--
(A) in paragraph (1)(A)--
(i) in the matter preceding clause (i)--
(I) by striking ``Secretary of a
military department'' and inserting
``Secretary concerned''; and
(II) by striking ``such military
department'' and inserting ``that
Secretary''; and
(ii) in clause (iii), by striking ``military
department'' and inserting ``Secretary'';
(B) in paragraph (1)(B)(i), by striking ``Secretary
of a military department'' and inserting ``Secretary
concerned'';
(C) in paragraph (1)(C), by striking ``of a military
department pursuant to subparagraph (A) shall be
available to the Secretary of that military department''
and inserting ``established for the Secretary concerned
shall be available to the Secretary'';
(D) in paragraph (1)(D)--
(i) by striking ``of a military department
under subparagraph (A)'' and inserting
``established for the Secretary concerned''; and
(ii) by inserting ``or Defense Agency
location'' after ``military installation'';
(E) in paragraph (1)(E), by striking
``installation'' and inserting ``military installation
or Defense Agency location''; and
(F) in paragraph (3), by striking ``Secretary of a
military department'' and inserting ``Secretary
concerned''.
(3) Base closure property.--Subsection (g)(1) of such
section is amended by striking ``Secretary of a military
department'' and inserting ``Secretary concerned''.
(e) Repeal of Separate Defense Agency Authority.--
(1) Repeal.--Section 2667a of such title is repealed.
(2) <<NOTE: 10 USC 2667a note.>> Effect on existing
contracts.--The repeal of section 2667a of title 10, United
States Code, shall not affect the validity or terms of any lease
with respect to property of a Defense Agency entered into by the
Secretary of Defense under such section before the date of the
enactment of this Act.
(3) Treatment of money rents.--Amounts in any special
account established for a Defense Agency pursuant to subsection
(d) of section 2667a of title 10, United States Code, before
repeal of such section by paragraph (1), and amounts that would
be deposited in such an account in connection with a lease
referred to in paragraph (2), shall--
(A) remain available until expended for the purposes
specified in such subsection, notwithstanding the repeal
of such section by paragraph (1); or
(B) to the extent provided in appropriations Acts,
be transferred to the special account required for the
Secretary
[[Page 122 STAT. 4728]]
of Defense by subsection (e) of section 2667 of such
title, as amended by subsection (d)(2) of this section.
(f) Clerical Amendments.--
(1) Section heading.--The heading of section 2667 of such
title is amended to read as follows:
``Sec. 2667. Leases: non-excess property of military departments
and Defense Agencies''.
(2) Table of sections.--The table of sections at the
beginning of chapter 159 of such title is amended by striking
the items relating to sections 2667 and 2667a and inserting the
following new item:
``2667. Leases: non-excess property of military departments and Defense
Agencies.''.
SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEYANCE AUTHORITY.
Section 2688 of title 10, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Construction of Utility Infrastructure After Conveyance of a
Utility System.--(1) Upon conveyance of a utility system, the Secretary
of a military department may convey additional utility infrastructure
under the jurisdiction of the Secretary on a military installation to a
utility or entity to which a utility system for the installation has
been conveyed under subsection (a) if the Secretary determines that--
``(A) the additional utility infrastructure was constructed
or installed after the date of the conveyance of the utility
system;
``(B) the additional utility infrastructure cannot operate
without being a part of the conveyed utility system;
``(C) the additional utility infrastructure was planned and
coordinated with the entity operating the conveyed utility
system; and
``(D) the military department receives as consideration an
amount equal to the fair market value of the utility
infrastructure determined in the same manner as the
consideration the Secretary could require under subsection (c)
for a conveyance under subsection (a).
``(2) The conveyance under this paragraph may consist of all right,
title, and interest of the United States or such lesser estate as the
Secretary considers appropriate to serve the interests of the United
States.''.
SEC. 2814. DEFENSE ACCESS ROADS.
(a) Basis for Transportation Needs Assessment.--Section 210(a) of
title 23, United States Code, is amended--
(1) by striking ``(a)'' and inserting ``(a)(1)''; and
(2) by adding at the end the following new paragraph:
``(2) If it is determined that an action of the Department of
Defense will cause a significant transportation impact to access to a
military reservation, the Secretary of Defense shall conduct a
transportation needs assessment to assess the magnitude of the
improvement required to address the impact.''.
(b) Report on Recently Identified Transportation Impacts.--Not later
than April 1, 2009, the Secretary of Defense
[[Page 122 STAT. 4729]]
shall submit to the congressional defense committees and the Committee
on Transportation and Infrastructure of the House of Representatives a
report that details the significant transportation impacts resulting
from actions of the Department of Defense since January 1, 2005. In the
report, the Secretary shall assess the funding requirements necessary to
address transportation needs resulting from these significant
transportation impacts.
SEC. 2815. REPORT ON APPLICATION OF FORCE PROTECTION AND ANTI-
TERRORISM STANDARDS TO GATES AND ENTRY
POINTS ON MILITARY INSTALLATIONS.
(a) Report Required.--Not later than February 1, 2009, the Secretary
of Defense shall submit to the congressional defense committees a report
on the implementation of Department of Defense Anti-Terrorism/Force
Protection standards at gates and entry points of military
installations.
(b) Content.--The report required under subsection (a) shall include
the following:
(1) A description of the anti-terrorism/force protection
standards for gates and entry points.
(2) An assessment, by installation, of whether the gates and
entry points meet anti-terrorism/force protection standards.
(3) An assessment of whether the standards are met with
either temporary or permanent measures, facilities, or
equipment.
(4) A description and cost estimate of each action to be
taken by the Secretary of Defense for each installation to
ensure compliance with Department of Defense Anti-Terrorism/
Force Protection standards using permanent measures and
construction methods.
(5) An investment plan to complete all action required to
ensure compliance with the standards described under paragraph
(1).
Subtitle C--Provisions Related to Guam Realignment
SEC. 2821. SENSE OF CONGRESS REGARDING MILITARY HOUSING AND
UTILITIES RELATED TO GUAM REALIGNMENT.
(a) Nature of Special Purpose Entities.--It is the sense of Congress
that any military family housing provided in connection with the
realignment of military installations and the relocation of military
personnel on Guam should--
(1) be operated, to the extent practicable, in the manner
provided for public-private ventures under subchapter IV of
chapter 169 of title 10, United States Code; and
(2) should be constructed in accordance with current
Department of Defense building standards.
(c) Utility Infrastructure Improvements.--It is the sense of
Congress that the proposed utility infrastructure improvements on Guam
should incorporate the civilian and military infrastructure into a
single grid to realize and maximize the effectiveness of the overall
utility system, if appropriate cost sharing and quality standards are
met.
[[Page 122 STAT. 4730]]
SEC. 2822. FEDERAL ASSISTANCE TO GUAM.
(a) Sense of Congress.--It is the sense of Congress that the
Interagency Group on Insular Areas, in coordination with the appropriate
Federal agencies, should enter into a memorandum of understanding with
the Government of Guam to identify, before the realignment of military
installations and the relocation of military personnel on Guam, local
funding requirements for civilian infrastructure development and other
needs related to the realignment and relocation.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report on the status of interagency
coordination through the Interagency Group on Insular Areas of budgetary
requests to assist the Government of Guam with its budgetary
requirements related to the realignment of military forces on Guam. The
report shall address to what extent and how the Interagency Group on
Insular Areas will be able to coordinate interagency budgets so the
realignment of military forces on Guam will meet the 2014 completion
date as stipulated in the May 2006 security agreement between the United
States and Japan.
(c) Interagency Group on Insular Areas Defined.--In this section,
the term ``Interagency Group on Insular Areas'' means the interagency
group established by Executive Order No. 13299 of May 12, 2003 (68 Fed.
Reg. 25477; 48 U.S.C. note prec. 1451). The term includes any sub-group
or working group of that interagency group.
SEC. 2823. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS FOR MILITARY BASE REUSE STUDIES
AND COMMUNITY PLANNING ASSISTANCE.
(a) Inclusion in Definition of Military Installation.--Section
2687(e)(1) of title 10, United States Code, is amended by inserting
after ``Virgin Islands,'' the following: ``the Commonwealth of the
Northern Mariana Islands,''.
(b) Inclusion of Facilities Owned and Operated by Commonwealth.--
Section 2391(d)(1) of title 10, United States Code, is amended by
inserting after ``Guam,'' the following: ``the Commonwealth of the
Northern Mariana Islands,''.
SEC. 2824. <<NOTE: 10 USC 2687 note.>> SUPPORT FOR REALIGNMENT OF
MILITARY INSTALLATIONS AND RELOCATION OF
MILITARY PERSONNEL ON GUAM.
(a) Establishment of Account.--There is established on the books of
the Treasury an account to be known as the ``Support for United States
Relocation to Guam Account'' (in this section referred to as the
``Account'').
(b) Credits to Account.--
(1) Amounts in fund.--There shall be credited to the Account
all contributions received during fiscal year 2009 and
subsequent fiscal years under section 2350k of title 10, United
States Code, for the realignment of military installations and
the relocation of military personnel on Guam.
(2) Notice of receipt of contributions.--
The <<NOTE: Deadline.>> Secretary of Defense shall submit to
the congressional defense committees written notice of the
receipt of contributions referred to in paragraph (1), including
the amount of the contributions, not later than 30 days after
receiving the contributions.
[[Page 122 STAT. 4731]]
(c) Use of Account.--
(1) Authorized uses.--Subject to paragraph (2), amounts in
the Account may be used as follows:
(A) To carry out or facilitate the carrying out of a
transaction authorized by this section in connection
with the realignment of military installations and the
relocation of military personnel on Guam, including
military construction, military family housing,
unaccompanied housing, general facilities constructions
for military forces, and utilities improvements.
(B) To carry out improvements of property or
facilities on Guam as part of such a transaction.
(C) To obtain property support services for property
or facilities on Guam resulting from such a transaction.
(D) To develop military facilities or training
ranges in the Commonwealth of the Northern Mariana
Islands.
(2) Compliance with guam master plan.--Transactions
authorized by paragraph (1) shall be consistent with the Guam
Master Plan, as incorporated in decisions made in the manner
provided in section 102 of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332).
(3) Limitation regarding military housing.--To extent that
the authorities provided under subchapter IV of chapter 169 of
title 10, United States Code, are available to the Secretary of
Defense, the Secretary shall use such authorities to acquire,
construct, or improve family housing units or ancillary
supporting facilities in connection with the relocation of
military personnel on Guam.
(4) Special requirements regarding use of contributions.--
(A) Treatment of contributions.--Except as provided
in subparagraph (C), the use of contributions referred
to in subsection (b)(1) shall not be subject to
conditions imposed on the use of appropriated funds by
chapter 169 of title 10, United States Code, or
contained in annual military construction appropriations
Acts.
(B) Notice of obligation.--
Contributions <<NOTE: Time periods.>> referred to in
subsection (b)(1) may not be obligated for a transaction
authorized by paragraph (1) until the Secretary of
Defense submits to the congressional defense committees
notice of the transaction, including a detailed cost
estimate, and a period of 21 days has elapsed after the
date on which the notification is received by the
committees or, if earlier, a period of 14 days has
elapsed after the date on which a copy of the
notification is provided in an electronic medium.
(C) Cost and scope of work variations.--Section 2853
of title 10, United States Code, shall apply to the use
of contributions referred to in subsection (b)(1).
(d) Transfer Authority.--
(1) Transfer to housing funds.--The Secretary of Defense may
transfer funds from the Account to the Department of Defense
Family Housing Improvement Fund established by section
2883(a)(1) of title 10, United States Code.
(2) Treatment of transferred amounts.--Amounts transferred
under paragraph (1) to a fund referred to in that paragraph
shall be available in accordance with the provisions
[[Page 122 STAT. 4732]]
of section 2883 of title 10, United States Code for activities
on Guam authorized under subchapter IV of chapter 169 of such
title.
(e) Report Regarding Guam Military Construction.--Not later than
February 15 of each year, the Secretary of Defense shall submit to
Congress a report containing information on each military construction
project included in the budget submission for the next fiscal year
related to the realignment of military installations and the relocation
of military personnel on Guam. The Secretary shall present the
information in manner consistent with the presentation of projects in
the military construction accounts for each of the military departments
in the budget submission. The report shall also include projects
associated with the realignment of military installations and relocation
of military personnel on Guam that are included in the future-years
defense program pursuant to section 221 of title 10, United States Code.
(f) Sense of Congress.--It is the sense of Congress that the use of
the Account to facilitate construction projects associated with the
realignment of military installations and the relocation of military
personnel on Guam, as authorized by subsection (c)(1), provides a great
opportunity for business enterprises of the United States and its
territories to contribute to the United States strategic presence in the
western Pacific by competing for contracts awarded for such
construction. Congress urges the Secretary of Defense to ensure maximum
participation by business enterprises of the United States and its
territories in such construction.
Subtitle D--Energy Security
SEC. 2831. CERTIFICATION OF ENHANCED USE LEASES FOR ENERGY-RELATED
PROJECTS.
Section 2667(h) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) <<NOTE: Deadline.>> If a proposed lease under subsection (a)
involves a project related to energy production and the term of the
lease exceeds 20 years, the Secretary concerned may not enter into the
lease until at least 30 days after the date on which the Secretary of
Defense submits to the congressional defense committees a certification
that the project is consistent with the Department of Defense
performance goals and plan required by section 2911 of this title.''.
SEC. 2832. ANNUAL REPORT ON DEPARTMENT OF DEFENSE INSTALLATIONS
ENERGY MANAGEMENT.
Section 2925(a) of title 10, United States Code, is amended--
(1) by striking the subsection heading and inserting the
following: ``Annual Report Related to Installations Energy
Management.--'';
(2) in paragraph (1), by inserting ``, the Energy
Independence and Security Act of 2007 (Public Law 110-140),''
after ``58)''; and
(3) by adding at the end the following new paragraph:
``(6) A description and estimate of the progress made by the
military departments to meet the certification requirements for
sustainable green-building standards in construction and major
renovations as required by section 433 of the Energy
[[Page 122 STAT. 4733]]
Independence and Security Act of 2007 (Public Law 110-140; 121
Stat. 1612).''.
Subtitle E--Land Conveyances
SEC. 2841. LAND CONVEYANCE, FORMER NAVAL AIR STATION, ALAMEDA,
CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the redevelopment authority for the former Naval Air Station Alameda,
California (in this section referred to as the ``redevelopment
authority''), all right, title and interest of the United States in and
to the real and personal property comprising Naval Air Station Alameda,
except those parcels identified for public benefit conveyance and
certain surplus lands at the Naval Air Station Alameda described in the
Federal Register on November 5, 2007. In this section, the real and
personal property to be conveyed under this section is referred to as
the ``NAS Property''.
(b) Multiple Conveyances.--The conveyance of the NAS Property may be
conducted through multiple parcel transfers.
(c) Consideration.--As consideration for the conveyance of the NAS
Property under subsection (a), the Secretary of the Navy shall seek to
obtain fair market value.
(d) Existing Uses.--During the three-year period beginning on the
date on which the first conveyance under this section is made, the
redevelopment authority shall make reasonable efforts to accommodate the
continued use by the United States of those portions of the NAS Property
covered by a request for Federal Land Transfer so long as the
accommodation of such use is at no cost or expense to the redevelopment
authority. Such accommodations shall provide adequate protection for the
endangered California Least Tern in accordance with the requirements of
the existing Biological Opinion for Naval Air Station Alameda dated
March 22, 1999, and any future amendments to the Biological Opinion.
(e) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply with,
any environmental law, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under this section shall
be determined by a survey satisfactory to the Department.
(g) Master Lease.--The Lease in Furtherance of Conveyance, dated
June 2000, as amended, between the Secretary of the Navy and the
redevelopment authority shall remain in full force and effect until
conveyance of the NAS Property in accordance with this section, and a
lease amendment recognizing this section shall be offered by the
Secretary.
(h) Treatment of Amounts Received.--Amounts received by the United
States under this section shall be credited to the fund or account
intended to receive proceeds from the disposal of the NAS Property
pursuant to the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
[[Page 122 STAT. 4734]]
(i) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2842. TRANSFER OF ADMINISTRATIVE JURISDICTION, DECOMMISSIONED
NAVAL SECURITY GROUP ACTIVITY, SKAGGS
ISLAND, CALIFORNIA.
(a) Transfer Memorandum of Agreement.--The Secretary of the Navy and
the Secretary of the Interior shall negotiate a memorandum of agreement
that stipulates the conditions upon which the decommissioned Naval
Security Group Activity, Skaggs Island, Sonoma, California shall be
transferred from the administrative jurisdiction of the Department of
the Navy to the United States Fish and Wildlife Service for inclusion in
the National Wildlife Refuge System.
(b) Acceptance of Donations; Use.--The Secretary of the Navy and the
Secretary of the Interior may accept contributions from the State of
California and other entities to help cover the costs of demolishing and
removing structures on the property described in subsection (a) and to
facilitate future environmental restoration that furthers the ultimate
end use of the property for conservation purposes. Amounts received may
be merged with other amounts available to the Secretaries to carry out
this section and shall remain available, without further appropriation
and until expended.
SEC. 2843. TRANSFER OF PROCEEDS FROM PROPERTY CONVEYANCE, MARINE
CORPS LOGISTICS BASE, ALBANY, GEORGIA.
(a) Transfer Authorized.--The Secretary of Defense may transfer any
proceeds from the sale of approximately 120.375 acres of improved land
located at the former Boyett Village Family Housing Complex at the
Marine Corps Logistics Base, Albany, Georgia, into the Department of
Defense Family Housing Improvement Fund established under section
2883(a)(1) of title 10, United States Code, for carrying out activities
under subchapter IV of chapter 169 of that title with respect to
military family housing.
(b) Notification Requirement.--A <<NOTE: Time period.>> transfer of
proceeds under subsection (a) may be made only after the end of the 30-
day period beginning on the date the Secretary of Defense submits
written notice of the transfer to the congressional defense committees.
SEC. 2844. LAND CONVEYANCE, SERGEANT FIRST CLASS M.L. DOWNS ARMY
RESERVE CENTER, SPRINGFIELD, OHIO.
(a) Conveyance Authorized.--At such time as the Army Reserve vacates
the Sergeant First Class M.L. Downs Army Reserve Center at 1515 West
High Street in Springfield, Ohio, the Secretary of the Army may convey,
without consideration, to the City of Springfield, Ohio (in this section
referred to as the ``City''), all right, title, and interest of the
United States in and to the parcel of real property, including
improvements thereon, containing the Reserve Center and approximately
three acres for the purpose of permitting the City to utilize the
property for municipal government activities.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance, all right, title, and
interest in and to such real property, including
[[Page 122 STAT. 4735]]
any improvements and appurtenant easements thereto, shall, at the option
of the Secretary, revert to and become the property of the United
States, and the United States shall have the right of immediate entry
onto such real property. A determination by the Secretary under this
subsection shall be made on the record after an opportunity for a
hearing.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out
the conveyance under subsection (a), including survey costs,
costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the City in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance,
the Secretary shall refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited
shall be merged with amounts in such fund or account and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(e) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2845. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX COUNTY,
TENNESSEE.
(a) Conveyance Authorization.--The Secretary of the Army may convey,
without consideration, to the State of Tennessee all right, title, and
interest of the United States in and to a parcel of real property,
including any improvements thereon and appurtenant easements thereto,
consisting of approximately 124 acres known as the John Sevier Range in
Knox County, Tennessee, for the purpose of using such real property as a
public firing range and for other public recreational activities.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the terms of the conveyance, all right, title, and
interest in and to such real property, including any improvements and
appurtenant easements thereto, shall, at the option of the Secretary,
revert to and become the property of the United States, and the United
States shall have the right of immediate entry onto such real property.
A determination by the Secretary under this subsection shall be made on
the record after an opportunity for a hearing.
(c) Administrative Expenses.--In accordance with section 2695 of
title 10, United State Code, the Secretary may accept amounts provided
by the State to cover administrative expenses
[[Page 122 STAT. 4736]]
incurred by the Secretary with respect to the conveyance authorized
under subsection (a), including survey expenses, expenses related to
environmental documentation, and other administrative expenses related
to such conveyance. Such amounts shall be credited, pursuant to
subsection (c) of section 2695 of such title, to the appropriation,
fund, or account from which such expenses were paid. If amounts are
collected from the State in advance of the Secretary incurring such
expenses, and the amount collected exceeds the expenses actually
incurred by the Secretary, the Secretary shall refund the excess amount
to the State.
(d) Description of Property.--The exact acreage and legal
description of the real property authorized to be conveyed under
subsection (a) shall be determined by a survey satisfactory to the
Secretary and the State.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance
authorized under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2846. LAND CONVEYANCE, ARMY PROPERTY, CAMP WILLIAMS, UTAH.
(a) Conveyance Authorized.--If the Secretary of the Army determines
that it is the national security interest of the United States, the
Secretary may convey, without consideration, to the State of Utah (in
this section, the ``State'') on behalf of the Utah National Guard all
right, title, and interest of the United States in and to two parcels of
real property, including improvements thereon, that are located within
the boundaries of Camp Williams, Utah, consisting of approximately 608
acres and 308 acres, respectively, and are identified in the Utah
National Guard master plan.
(b) Condition.--As <<NOTE: Deadline. Reports. Certification.>> a
condition of the conveyance, the Secretary shall, not later than 21 days
before carrying out the conveyance, submit a report to Congress
certifying that the purpose of the conveyance is to further the interest
of national security and the property conveyed will be used for military
purposes only.
(c) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a), or any portion
thereof, has been sold or is not being used in a manner consistent with
subsection (b), the property shall revert, at the option of the
Secretary, to the United States, and the United States shall have the
right of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record after
consultation with the Governor of the State of Utah and an opportunity
for a hearing.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the State
to cover costs to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out
the conveyance under subsection (a), including survey costs,
costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the State in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance,
the Secretary shall refund the excess amount to the State.
[[Page 122 STAT. 4737]]
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited
shall be merged with amounts in such fund or account and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(e) Description of Real Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2847. EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC TRAIL
THROUGH FORT BELVOIR, VIRGINIA.
(a) Agreement Authority.--The Secretary of the Army may enter into a
revocable at will easement with the Secretary of the Interior to provide
land along the perimeter of Fort Belvoir, Virginia, to be used as a
segment of the Potomac Heritage National Scenic Trail.
(b) Selection Criteria.--In determining the extent of the easement,
the Secretary of the Army shall provide for a single trail, and select
alignments of the trail, along the perimeter of Fort Belvoir. In making
that determination, the Secretary shall consider--
(1) the perimeter security requirements to protect the
assets, people, and agency missions located at Fort Belvoir;
(2) the appropriate setback from adjacent roadways to
provide for a safe and enjoyable experience for users of the
trail; and
(3) any planned future expansion of roadways, including
United States Route 1, so that the trail will not be adversely
impacted by roadway construction.
(c) Trail Administration and Management.--A written agreement
confirming an administration and management arrangement of any segment
of the Potomac Heritage National Scenic Trail along the perimeter of
Fort Belvoir shall be co-signed by the parties to the easement
agreement.
Subtitle F--Other Matters
SEC. 2851. <<NOTE: Virginia.>> REVISED DEADLINE FOR TRANSFER OF
ARLINGTON NAVAL ANNEX TO ARLINGTON
NATIONAL CEMETERY.
Section 2881(h)(1) of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 879),
as amended by section 2871 of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.
561), is further amended by striking ``January 1, 2011'' and inserting
``January 1, 2012''.
[[Page 122 STAT. 4738]]
SEC. 2852. <<NOTE: Ohio.>> ACCEPTANCE AND USE OF GIFTS FOR
CONSTRUCTION OF ADDITIONAL BUILDING AT
NATIONAL MUSEUM OF THE UNITED STATES AIR
FORCE, WRIGHT-PATTERSON AIR FORCE BASE.
(a) Acceptance Authorized.--The Secretary of the Air Force may
accept from the Air Force Museum Foundation, a private nonprofit
corporation, gifts in the form of cash, treasury instruments, or
comparable United States securities for the purpose of paying the costs
of design and construction of a fourth building for the National Museum
of the United States Air Force at Wright-Patterson Air Force Base, Ohio.
In making a gift, the Air Force Museum Foundation may specify that all
or part of the amount of the gift be utilized solely for the purpose of
the design and construction of a particular portion of the building and
for contract management related to such design and construction.
(b) Escrow Account.--
(1) Deposit of gifts.--The Secretary of the Air Force,
acting through the Director of Financial Management of the Air
Force Materiel Command (in this section referred to as the
``Director''), shall deposit the amount of any gift accepted
under subsection (a) in an escrow account established for that
purpose.
(2) Investment.--Amounts in the escrow account not required
to meet current requirements of the account shall be invested in
public debt securities with maturities suitable to the needs of
the account, as determined by the Director, and bearing interest
at rates that take into consideration current market yields on
outstanding marketable obligations of the United States of
comparable securities. The income on such investments shall be
credited to and form a part of the account.
(3) Liquidation.--Upon final payment of all invoices and
claims associated with the design and construction of the
building described in subsection (a), the Secretary shall
terminate the escrow account. Any amounts remaining in the
account upon termination shall be available to the Secretary, in
such amounts as are provided in advance in appropriations Acts,
for such purposes as the Secretary considers appropriate.
(c) Use of Gifts.--
(1) Design, construction, and contract management.--Subject
to any conditions imposed by the Air Force Museum Foundation
under subsection (a), the Director shall use amounts in the
escrow account, including income on investments, to pay all
costs for the design and construction of a fourth building for
the National Museum of the United States Air Force and all costs
for contract management related to such design and construction.
The requirement imposed by this paragraph includes making
progress payments for such design and construction.
(2) Sole source of funds.--Gifts received under subsection
(a) and income on investments made under subsection (b)(2) shall
be the sole source of funds used to pay all costs for the design
and construction of a fourth building for the National Museum of
the United States Air Force and all costs for contract
management related to such design and construction.
[[Page 122 STAT. 4739]]
(3) Time for payment.--Amounts shall be payable under
paragraph (1) upon receipt by the Director of a notification
from the technical representative of the contracting officer
that construction activities for which such amounts are payable
under paragraph (1) have been undertaken. To the maximum extent
practicable consistent with good business practice, the Director
shall limit payment of amounts from the account in order to
maximize the return on investment of amounts in the account.
(d) Limitation on Contracts.--The Secretary of the Air Force may not
initiate a contract for the design or construction of a particular
portion of the building described in subsection (a) until amounts in the
escrow account are sufficient to cover the amount of the contract.
SEC. 2853. LEASE INVOLVING PIER ON FORD ISLAND, PEARL HARBOR NAVAL
BASE, HAWAII.
(a) Lease.--The Secretary of the Navy shall enter into a lease with
the USS Missouri Memorial Association to authorize the USS Missouri
Memorial Association to use the pier Foxtrot Five and related real
property on Ford Island, Pearl Harbor Naval Base, Hawaii, during
calendar years 2009 and 2010.
(b) Consideration.--The lease required by subsection (a) shall be
made without consideration.
(c) Conditions on Use of Leased Property.--As conditions on the
lease under subsection (a), the USS Missouri Memorial Association shall
agree--
(1) to preserve and maintain the ex-USS Missouri for
education purposes, historic preservation, and community
outreach;
(2) that the Navy may use the leased property without charge
for purposes that do not interfere with the use of such property
by the USS Missouri Memorial Association; and
(3) that the Navy may use the ex-USS Missouri for official
functions at no cost.
(d) Effect of Violation.--If the Secretary determines at any time
that the USS Missouri Memorial Association is not in compliance with the
conditions imposed by subsection (c), the Secretary may terminate the
lease referred to in subsection (a). Any determination of the Secretary
under this subsection shall be made on the record after an opportunity
for a hearing.
SEC. 2854. USE OF RUNWAY AT NASJRB WILLOW GROVE, PENNSYLVANIA.
(a) Conditions on Conveyance, Grant, Lease, or License.--Any
conveyance, grant, lease, or license from the United States to the
Commonwealth of Pennsylvania or other legal entity that includes the
airfield property located at NASJRB Willow Grove and designated for
operation as a Joint Interagency Installation pursuant to section 3703
of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28; 121 Stat.
145) shall be subject to the restrictions on the use of the airfield set
forth in subsection (b).
(b) Restrictions on Use.--The airfield at the installation shall not
be used for any of the following purposes:
(1) Commercial passenger operations.
(2) Commercial cargo operations.
[[Page 122 STAT. 4740]]
(3) Commercial, business, or nongovernment aircraft
operations for purposes not related to the missions of the
installation, except that this paragraph shall not apply in
exigent circumstances or prohibit use of the airfield by or on
behalf of any associated user which is a tenant of the
installation.
(4) As a reliever airport to relieve congestion at other
airports or to provide improved general aviation access to the
overall community, except that this paragraph shall not apply in
exigent circumstances.
(c) Limitation on Statutory Construction.--Nothing in this section
shall be construed to diminish or alter authorized uses of the
installation, including the military enclave that is part thereof, by
the United States or its agencies or instrumentalities or to limit use
of the property in exigent circumstances.
(d) Definitions.--In this section:
(1) Airfield.--The term ``airfield'' means the airfield
referred to in subsection (a).
(2) Associated users.--The term ``associated users'' means
nongovernmental organizations and private entities that use the
airfield for purposes related to the national defense, homeland
security, and emergency preparedness missions of the
installation.
(3) Exigent circumstances.--The term ``exigent
circumstances'' means unusual conditions, including adverse or
unusual weather conditions, alerts, and actual or threatened
emergencies that are determined by the installation to require
limited-duration use of the installation or its airfield for
operations, including flying operations, for uses otherwise
restricted under subsection (b).
(4) Commercial cargo operations.--The term ``commercial
cargo operations'' means aircraft operations by a commercial
cargo or freight carrier in cases in which cargo is delivered to
or flown from the installation under established schedules,
except that the term does not include any cargo operations
undertaken by or on behalf of any user of the installation or
cargo operations related to the national defense, homeland
security, and emergency preparedness missions of the
installation.
(5) Commercial passenger operations.--The term ``commercial
passenger operations'' means aircraft passenger operations by
commercial passenger carriers involving flights where passengers
are boarded or enplaned at the installation, except that the
term does not include passenger operations undertaken by or on
behalf of any user of the installation or passenger operations
related to the national defense, homeland security, and
emergency preparedness missions of the installation.
(6) Installation.--The term ``installation'' means the Joint
Interagency Installation referred to in subsection (a).
SEC. 2855. NAMING OF HEALTH FACILITY, FORT RUCKER, ALABAMA.
The health facility located at 301 Andrews Avenue in Fort Rucker,
Alabama, shall be known and designated as the ``Lyster Army/VA Health
Clinic''. Any reference in a law, map, regulation, document, paper, or
other record of the United States to such facility shall be deemed to be
a reference to the Lyster Army/VA Health Clinic.
[[Page 122 STAT. 4741]]
TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS
Subtitle A--Fiscal Year 2008 Projects
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2905. Termination of authority to carry out fiscal year 2008 Army
projects.
Subtitle B--Fiscal Year 2009 Projects
Sec. 2911. Authorized Army construction and land acquisition projects.
Sec. 2912. Authorized Navy construction and land acquisition projects.
Subtitle A--Fiscal Year 2008 Projects
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Alaska....................... Fort Wainwright.......... $17,000,000
California................... Fort Irwin............... $11,800,000
Colorado..................... Fort Carson.............. $8,400,000
Georgia...................... Fort Gordon.............. $39,800,000
Hawaii....................... Schofield Barracks....... $12,500,000
Kentucky..................... Fort Campbell............ $9,900,000
Fort Knox................ $7,400,000
North Carolina............... Fort Bragg............... $8,500,000
Oklahoma..................... Fort Sill................ $9,000,000
Texas........................ Fort Bliss............... $17,300,000
Fort Hood................ $7,200,000
Fort Sam Houston......... $54,000,000
Virginia..................... Fort Lee................. $7,400,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Iraq ....................... Camp Adder............... $13,200,000
[[Page 122 STAT. 4742]]
Camp Ramadi.............. $6,200,000
Fallujah................. $5,500,000
------------------------------------------------------------------------
(c) Authorization of Appropriations.--In addition to funds
authorized to be appropriated under 2901(c) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 571), funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2007, for military
construction, land acquisition, and military family housing functions of
the Department of the Army in the total amount of $241,100,000 as
follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $210,200,000.
(2) For military construction projects outside the United
States authorized by subsection (b), $24,900,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $6,000,000.
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (b)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
[[Page 122 STAT. 4743]]
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California......................... Camp Pendleton........................................... $9,270,000
China Lake............................................... $7,210,000
Point Mugu............................................... $7,250,000
San Diego................................................ $12,299,000
San Diego Marine Corps Recruit Depot (MCRD).............. $43,200,000
Twentynine Palms......................................... $11,250,000
Florida............................ Eglin Air Force Base..................................... $780,000
Mississippi........................ Gulfport................................................. $6,570,000
North Carolina..................... Camp Lejeune............................................. $27,980,000
Virginia........................... Yorktown................................................. $8,070,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4744]]
(b) Authorization of Appropriations.--In addition to funds
authorized to be appropriated under 2902(d) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 572), funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2007, for military
construction, land acquisition, and military family housing functions of
the Department of the Navy in the total amount of $137,931,000 as
follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $133,879,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $4,052,000.
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations inside
the United States, and in the amounts, set forth in the following table:
[[Page 122 STAT. 4745]]
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California......................... Beale Air Force Base..................................... $17,600,000
Florida............................ Eglin Air Force Base..................................... $11,000,000
New Mexico......................... Cannon Air Force Base.................................... $8,000,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4746]]
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:
[[Page 122 STAT. 4747]]
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Qatar.............................. Al Udeid................................................. $60,400,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4748]]
(c) Authorization of Appropriations.--In addition to funds
authorized to be appropriated under 2903(b) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 573), funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2007, for military
construction, land acquisition, and military family housing functions of
the Department of the Air Force in the total amount of $98,427,000, as
follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $36,600,000.
(2) For military construction projects outside the United
States authorized by subsection (b), $60,400,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $1,427,000.
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (b)(1), the
Secretary of Defense may acquire real property and carry out the
military construction project for the installations or locations inside
the United States, and in the amounts, set forth in the following table:
[[Page 122 STAT. 4749]]
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
North Carolina..................... Camp Lejeune............................................. $57,900,000
----------------------------------------------------------------------------------------------------------------
[[Page 122 STAT. 4750]]
(b) Authorization of Appropriations.--In addition to funds
authorized to be appropriated under 2904(c) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 573), funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2007, for military
construction, land acquisition, and military family housing functions of
the Department of Defense (other than the military departments) in the
total amount of $110,735,000, as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $57,900,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $52,835,000.
SEC. 2905. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2008
ARMY PROJECTS.
(a) Termination of Authority.--The table in section 2901(b) of the
Military Construction Authorization Act for Fiscal Year 2008 (division B
of Public Law 110-181; 122 Stat. 570), is amended--
(1) in the item relating to Camp Adder, Iraq, by striking
``$80,650,000'' in the amount column and inserting
``$75,800,000'';
(2) in the item relating to Camp Anaconda, Iraq, by striking
``$53,500,000'' in the amount column and inserting
``$10,500,000'';
(3) in the item relating to Camp Victory, Iraq, by striking
``$65,400,000'' in the amount column and inserting
``$60,400,000'';
(4) by striking the item relating to Tikrit, Iraq; and
(5) in the item relating to Camp Speicher, Iraq, by striking
``$83,900,000'' in the amount column and inserting
``$74,100,000''.
(b) Conforming Amendments.--Section 2901(c) of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 571) is amended--
(1) by striking ``$1,257,750,000'' and inserting
``$1,152,100,000''; and
(2) in paragraph (2), by striking ``$1,055,450,000'' and
inserting ``$949,800,000''.
Subtitle B--Fiscal Year 2009 Projects
SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (b)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects to construct or renovate warrior transition unit
facilities at the installations or locations inside the United States
set forth in the following table:
[[Page 122 STAT. 4751]]
Army: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Various...................... Various locations........ $400,000,000
------------------------------------------------------------------------
(b) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2008, for
military construction, land acquisition, and military family housing
functions of the Department of the Army in the total amount of
$450,000,000, as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $400,000,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $50,000,000.
(c) Report Required Before Commencing Certain Projects.--Funds may
not be obligated for the projects authorized by this section until 14
days after the date on which the Secretary of Defense submits to the
congressional defense committees a report containing a detailed
justification for the projects.
SEC. 2912. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (b)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects to construct or renovate warrior transition unit
facilities at the installations or locations inside the United States
set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Various........................................ Various locations............................ $40,000,000
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--Subject to section 2825 of
title 10, United States Code, funds are hereby authorized to be
appropriated for fiscal years beginning after September 30, 2008, for
military construction, land acquisition, and military family housing
functions of the Department of the Navy in the total amount of
$50,000,000, as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $40,000,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $10,000,000.
(c) Report Required Before Commencing Certain Projects.--Funds may
not be obligated for the projects authorized by this section until 14
days after the date on which the Secretary of Defense submits to the
congressional defense committees a report containing a detailed
justification for the projects.
[[Page 122 STAT. 4752]]
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Modification of functions of Administrator for Nuclear
Security to include elimination of surplus fissile materials
usable for nuclear weapons.
Sec. 3112. Limitation on Funding for Project 04-D-125 Chemistry and
Metallurgy Research Replacement facility project, Los Alamos
National Laboratory, Los Alamos, New Mexico.
Sec. 3113. Nonproliferation and national security scholarship and
fellowship program.
Sec. 3114. Enhancing nuclear forensics capabilities.
Sec. 3115. Utilization of contributions to International Nuclear
Materials Protection and Cooperation program and Russian
plutonium disposition program.
Sec. 3116. Review of and reports on Global Initiatives for Proliferation
Prevention program.
Sec. 3117. Limitation on availability of funds for Global Nuclear Energy
Partnership.
Subtitle C--Reports
Sec. 3121. Extension of deadline for Comptroller General report on
Department of Energy protective force management.
Sec. 3122. Report on compliance with Design Basis Threat issued by the
Department of Energy in 2005.
Sec. 3123. Modification of submittal of reports on inadvertent releases
of restricted data.
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2009 for the
activities of the National Nuclear Security Administration in carrying
out programs necessary for national security in the amount of
$9,752,507,000, to be allocated as follows:
(1) For weapons activities, $6,625,111,000.
(2) For defense nuclear nonproliferation activities,
including $528,782,000 for fissile materials disposition,
$1,895,261,000.
(3) For naval reactors, $828,054,000.
(4) For the Office of the Administrator for Nuclear
Security, $404,081,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
[[Page 122 STAT. 4753]]
(1) For readiness in technical base and facilities, the
following new plant projects:
Project 09-D-404, Test Capabilities Revitalization
Phase 2, Sandia National Laboratory, Albuquerque, New
Mexico, $3,200,000.
Project 08-D-806, Ion Beam Laboratory Project,
Sandia National Laboratory, Albuquerque, New Mexico,
$10,014,000.
(2) For naval reactors, the following new plant projects:
Project 09-D-902, Naval Reactors Facility Production
Support Complex, Naval Reactors Facility, Idaho Falls,
Idaho, $8,300,000.
Project 09-D-190, Project engineering and design,
Knolls Atomic Power Laboratory infrastructure upgrades,
Knolls Atomic Power Laboratory, Kesselring Site,
Schenectady, New York, $1,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2009 for defense environmental cleanup activities
in carrying out programs necessary for national security in the amount
of $5,297,256,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2009 for other defense activities in carrying out
programs necessary for national security in the amount of $826,453,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2009 for defense nuclear waste disposal for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$222,371,000.
SEC. 3105. ENERGY SECURITY AND ASSURANCE.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2009 for energy security and assurance programs
necessary for national security in the amount of $7,622,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. MODIFICATION OF FUNCTIONS OF ADMINISTRATOR FOR NUCLEAR
SECURITY TO INCLUDE ELIMINATION OF
SURPLUS FISSILE MATERIALS USABLE FOR
NUCLEAR WEAPONS.
Section 3212(b) of the National Nuclear Security Administration Act
(50 U.S.C. 2402(b)) is amended--
(1) by redesignating paragraph (18) as paragraph (19); and
(2) by inserting after paragraph (17) the following new
paragraph (18):
``(18) Eliminating inventories of surplus fissile materials
usable for nuclear weapons.''.
[[Page 122 STAT. 4754]]
SEC. 3112. LIMITATION ON FUNDING FOR PROJECT 04-D-125 CHEMISTRY
AND METALLURGY RESEARCH REPLACEMENT
FACILITY PROJECT, LOS ALAMOS NATIONAL
LABORATORY, LOS ALAMOS, NEW MEXICO.
Of the amounts appropriated pursuant to an authorization of
appropriations in this Act or otherwise made available for fiscal year
2009 for Project 04-D-125 Chemistry and Metallurgy Research Replacement
(in this section referred to as ``CMRR'') facility project, Los Alamos
National Laboratory, Los Alamos, New Mexico, not more than $50,200,000
may be made available until--
(1) <<NOTE: Certifications.>> the Administrator for Nuclear
Security and the Defense Nuclear Facilities Safety Board have
each submitted a certification to the congressional defense
committees stating that the concerns raised by the Defense
Nuclear Facilities Safety Board regarding the design of CMRR
safety class systems (including ventilation systems) and seismic
issues have been resolved; and
(2) <<NOTE: Time period.>> a period of 15 days has elapsed
after both certifications under paragraph (1) have been
submitted.
SEC. 3113. <<NOTE: 50 USC 2444.>> NONPROLIFERATION AND NATIONAL
SECURITY SCHOLARSHIP AND FELLOWSHIP
PROGRAM.
(a) Establishment.--The Administrator for Nuclear Security shall
carry out a program to provide scholarships and fellowships for the
purpose of enabling individuals to qualify for employment in the
nonproliferation and national security programs of the Department of
Energy.
(b) Eligible Individuals.--An individual shall be eligible for a
scholarship or fellowship under the program established under this
section if the individual--
(1) is a citizen or national of the United States or an
alien lawfully admitted to the United States for permanent
residence;
(2) has been accepted for enrollment or is currently
enrolled as a full-time student at an institution of higher
education (as defined in section 102(a) of the Higher Education
Act of 1965 (20 U.S.C. 1002(a));
(3) is pursuing a program of education that leads to an
appropriate higher education degree in a qualifying field of
study, as determined by the Administrator;
(4) enters into an agreement described in subsection (c);
and
(5) meets such other requirements as the Administrator
prescribes.
(c) Agreement.--An individual seeking a scholarship or fellowship
under the program established under this section shall enter into an
agreement, in writing, with the Administrator that includes the
following:
(1) The agreement of the Administrator to provide such
individual with a scholarship or fellowship in the form of
educational assistance for a specified number of school years
(not to exceed five school years) during which such individual
is pursuing a program of education in a qualifying field of
study, which educational assistance may include payment of
tuition, fees, books, laboratory expenses, and a stipend.
(2) The agreement of such individual--
(A) to accept such educational assistance;
[[Page 122 STAT. 4755]]
(B) to maintain enrollment and attendance in a
program of education described in subsection (b)(2)
until such individual completes such program;
(C) while enrolled in such program, to maintain
satisfactory academic progress in such program, as
determined by the institution of higher education in
which such individual is enrolled; and
(D) after completion of such program, to serve as a
full-time employee in a nonproliferation or national
security position in the Department of Energy or at a
laboratory of the Department for a period of not less
than 12 months for each school year or part of a school
year for which such individual receives a scholarship or
fellowship under the program established under this
section.
(3) The agreement of such individual with respect to the
repayment requirements specified in subsection (d).
(d) Repayment.--
(1) In general.--An individual receiving a scholarship or
fellowship under the program established under this section
shall agree to pay to the United States the total amount of
educational assistance provided to such individual under such
program, plus interest at the rate prescribed by paragraph (4),
if such individual--
(A) does not complete the program of education
agreed to pursuant to subsection (c)(2)(B);
(B) completes such program of education but declines
to serve in a position in the Department of Energy or at
a laboratory of the Department as agreed to pursuant to
subsection (c)(2)(D); or
(C) is voluntarily separated from service or
involuntarily separated for cause from the Department of
Energy or a laboratory of the Department before the end
of the period for which such individual agreed to
continue in the service of the Department pursuant to
subsection (c)(2)(D).
(2) Failure to repay.--If an individual who received a
scholarship or fellowship under the program established under
this section is required to repay, pursuant to an agreement
under paragraph (1), the total amount of educational assistance
provided to such individual under such program, plus interest at
the rate prescribed by paragraph (4), and fails repay such
amount, a sum equal to such amount (plus such interest) is
recoverable by the United States Government from such individual
or the estate of such individual by--
(A) in the case of an individual who is an employee
of the United States Government, setoff against accrued
pay, compensation, amount of retirement credit, or other
amount due the employee from the Government; or
(B) such other method as is provided by law for the
recovery of amounts owed to the Government.
(3) Waiver of repayment.--The Administrator may waive, in
whole or in part, repayment by an individual under this
subsection if the Administrator determines that seeking recovery
under paragraph (2) would be against equity and good conscience
or would be contrary to the best interests of the United States.
[[Page 122 STAT. 4756]]
(4) Rate of interest.--For purposes of repayment under this
subsection, the total amount of educational assistance provided
to an individual under the program established under this
section shall bear interest at the applicable rate of interest
under section 427A(c) of the Higher Education Act of 1965 (20
U.S.C. 1077a(c)).
(e) Preference for Cooperative Education Students.--In evaluating
individuals for the award of a scholarship or fellowship under the
program established under this section, the Administrator may give a
preference to an individual who is enrolled in, or accepted for
enrollment in, an institution of higher education that has a cooperative
education program with the Department of Energy.
(f) Coordination of Benefits.--A scholarship or fellowship awarded
under the program established under this section shall be taken into
account in determining the eligibility of an individual receiving such
scholarship or fellowship for Federal student financial assistance
provided under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.).
(g) Report to Congress.--Not later than January 1, 2010, the
Administrator shall submit to the congressional defense committees a
report on the activities carried out under the program established under
this section, including any recommendations for future activities under
such program.
(h) Funding.--Of the amounts authorized to be appropriated by
section 3101(a)(2) for defense nuclear nonproliferation activities,
$3,000,000 shall be available to carry out the program established under
this section.
SEC. 3114. <<NOTE: 50 USC 2574.>> ENHANCING NUCLEAR FORENSICS
CAPABILITIES.
(a) Research and Development Plan for Nuclear Forensics and
Attribution.--
(1) Research and development.--The Secretary of Energy shall
prepare and implement a research and development plan to improve
nuclear forensics capabilities in the Department of Energy and
at the national laboratories overseen by the Department of
Energy. The plan shall focus on improving the technical
capabilities required--
(A) to enable a robust and timely nuclear forensic
response to a nuclear explosion or to the interdiction
of nuclear material or a nuclear weapon anywhere in the
world; and
(B) to develop an international database that can
attribute nuclear material or a nuclear weapon to its
source.
(2) Reports.--
(A) The Secretary of Energy shall submit to the
congressional defense committees--
(i) not later than 6 months after the date of
the enactment of this Act, a report on the
contents of the research and development plan
described in paragraph (1), and any legislative
changes required to implement the plan; and
(ii) not later than 18 months after the date
of the enactment of this Act, a report on the
status of implementing the plan.
[[Page 122 STAT. 4757]]
(B) The Secretary shall submit each report required
by this subsection in unclassified form, but may include
a classified annex with such report.
(b) Additional Information in the Report on Nuclear Forensics
Capabilities.--Section 3129(b) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 585) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) any legislative, regulatory, or treaty actions
necessary to facilitate international cooperation in enhancement
of international nuclear-material databases and the linking of
those databases to enable prompt access to data.''.
(c) Presidential Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate committees of Congress a report on the involvement
of senior-level executive branch leadership in nuclear terrorism
preparedness exercises that include nuclear forensics analysis.
(2) Appropriate committees of congress.--In this subsection,
the term ``appropriate committees of Congress'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Homeland
Security of the House of Representatives; and
(B) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Homeland
Security and Governmental Affairs of the Senate.
SEC. 3115. UTILIZATION OF CONTRIBUTIONS TO INTERNATIONAL NUCLEAR
MATERIALS PROTECTION AND COOPERATION
PROGRAM AND RUSSIAN PLUTONIUM
DISPOSITION PROGRAM.
Section 3114 of the National Defense Authorization Act for Fiscal
Year 2007 (50 U.S.C. 2301 note) is amended--
(1) in the heading, by striking ``second line of defense
program'' and inserting ``international nuclear materials
protection and cooperation program and russian plutonium
disposition program'';
(2) by striking ``Second Line of Defense program'' each
place it appears and inserting ``International Nuclear Materials
Protection and Cooperation program or Russian Plutonium
Disposition program''; and
(3) in subsection (f), by striking ``2013'' and inserting
``2015''.
SEC. 3116. REVIEW OF AND REPORTS ON GLOBAL INITIATIVES FOR
PROLIFERATION PREVENTION PROGRAM.
(a) Review of Program.--
(1) In general.--The Administrator for Nuclear Security
shall conduct a review of the Global Initiatives for
Proliferation Prevention program.
(2) Report required.--Not later than October 1, 2009, the
Administrator shall submit to the congressional defense
committees a report setting forth the results of the review
required under paragraph (1). The report shall include each of
the following:
[[Page 122 STAT. 4758]]
(A) A description of the goals of the Global
Initiatives for Proliferation Prevention program and the
criteria for partnership projects under the program.
(B) Recommendations regarding the following:
(i) Whether to continue or bring to a close
each of the partnership projects under the program
in existence on the date of the enactment of this
Act, and, if any such project is recommended to be
continued, a description of how that project will
meet the criteria under subparagraph (A).
(ii) Whether to enter into new partnership
projects under the program with Russia or other
countries of the former Soviet Union.
(iii) Whether to enter into new partnership
projects under the program in countries other than
countries of the former Soviet Union.
(C) A plan and criteria for completing partnership
projects under the program.
(b) Report on Funding for Projects Under Program.--
(1) In general.--The Administrator shall submit to the
congressional defense committees a report on--
(A) the purposes for which amounts made available
for the Global Initiatives for Proliferation Prevention
program for fiscal year 2009 will be obligated or
expended; and
(B) the amount to be obligated or expended for each
partnership project under the program in fiscal year
2009.
(2) Limitation on funding before submittal of report.--None
of the amounts authorized to be appropriated for fiscal year
2009 by section 3101(a)(2) for defense nuclear nonproliferation
activities and available for the Global Initiatives for
Proliferation Prevention program may be obligated or expended
until the date that is 30 days after the date on which the
Administrator submits to the congressional defense committees
the report required under paragraph (1).
SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL NUCLEAR
ENERGY PARTNERSHIP.
(a) Limitation.--Of the amounts authorized to be appropriated for
fiscal year 2009 by section 3101(a)(2) for defense nuclear
nonproliferation activities, not more than $3,000,000 may be used for
projects that are specifically designed for the Global Nuclear Energy
Partnership. Any amount so used may not be expended until 30 days after
the date on which the Administrator of the National Nuclear Security
Administration submits to Congress a report that describes in detail the
full amount of funding that the Administrator plans to expend for any
effort related to the Global Nuclear Energy Partnership.
(b) Use of Funds.--Any amount made available pursuant to an
authorization of appropriations under section 3101(a)(2) that is covered
by the limitation under subsection (a) shall only be available for
nonproliferation risk assessments relating to the Global Nuclear Energy
Partnership and related work on export control reviews and
determinations.
[[Page 122 STAT. 4759]]
Subtitle C--Reports
SEC. 3121. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL REPORT ON
DEPARTMENT OF ENERGY PROTECTIVE FORCE
MANAGEMENT.
Section 3124(a)(1) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 580) is amended by
striking ``Not later than 180 days after the date of the enactment of
this Act,'' and inserting ``Not later than March 1, 2009,''.
SEC. 3122. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT ISSUED BY
THE DEPARTMENT OF ENERGY IN 2005.
(a) In General.--Not later than January 2, 2009, the Secretary of
Energy shall submit to the congressional defense committees a report
setting forth the status of the compliance of Department of Energy sites
with the Design Basis Threat issued by the Department in November 2005
(in this section referred to as the ``2005 Design Basis Threat'').
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) For each Department of Energy site subject to the 2005
Design Basis Threat, an assessment of whether the site has
achieved compliance with the 2005 Design Basis Threat.
(2) For each such site that has not achieved compliance with
the 2005 Design Basis Threat--
(A) a description of the reasons for the failure to
achieve compliance;
(B) a plan to achieve compliance;
(C) a description of the actions that will be taken
to mitigate any security shortfalls until compliance is
achieved; and
(D) an estimate of the annual funding requirements
to achieve compliance.
(3) A list of such sites with Category I nuclear materials
that the Secretary determines will not achieve compliance with
the 2005 Design Basis Threat.
(4) For each site identified under paragraph (3), a plan to
remove all Category I nuclear materials from such site,
including--
(A) a schedule for the removal of such nuclear
materials from such site;
(B) a clear description of the actions that will be
taken to ensure the security of such nuclear materials;
and
(C) an estimate of the annual funding requirements
to remove such nuclear materials from such site.
(5) An assessment of the adequacy of the 2005 Design Basis
Threat in addressing security threats at Department of Energy
sites, and a description of any plans for updating, modifying,
or otherwise revising the approach taken by the 2005 Design
Basis Threat to establish enhanced security requirements for
Department of Energy sites.
SEC. 3123. MODIFICATION OF SUBMITTAL OF REPORTS ON INADVERTENT
RELEASES OF RESTRICTED DATA.
(a) In General.--Section 4522 of the Atomic Energy Defense Act (50
U.S.C. 2672) is amended--
[[Page 122 STAT. 4760]]
(1) in subsection (e), by striking ``on a periodic basis''
and inserting ``in each even-numbered year''; and
(2) in subsection (f), by striking paragraph (2) and
inserting the following new paragraph (2):
``(2) The Secretary of Energy shall, in each even-numbered year
beginning in 2010, submit to the committees and Assistant to the
President specified in subsection (d) a report identifying any
inadvertent releases of Restricted Data or Formerly Restricted Data
under Executive Order No. 12958 discovered in the two-year period
preceding the submittal of the report.''.
(b) Technical Correction.--Subsection (e) of such section, as
amended by subsection (a)(1) of this section, is further amended by
striking ``subsection (b)(4)'' and inserting ``subsection (b)(5)''.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2009,
$25,499,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIV--NAVAL PETROLEUM RESERVE
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There is hereby authorized to be appropriated to the
Secretary of Energy $19,099,000 for fiscal year 2009 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain available
until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2009.
Sec. 3502. Limitation on export of vessels owned by the Government of
the United States for the purpose of dismantling, recycling,
or scrapping.
Sec. 3503. Student incentive payment agreements.
Sec. 3504. Riding gang member requirements.
Sec. 3505. Maintenance and Repair Reimbursement Program for the Maritime
Security Fleet.
Sec. 3506. Temporary program authorizing contracts with adjunct
professors at the United States Merchant Marine Academy and
for other purposes.
Sec. 3507. Actions to address sexual harassment and violence at the
United States Merchant Marine Academy.
Sec. 3508. Assistance for small shipyards and maritime communities.
Sec. 3509. Marine war risk insurance.
Sec. 3510. MarAd consultation on Jones Act Waivers.
[[Page 122 STAT. 4761]]
Sec. 3511. Transportation in American vessels of government personnel
and certain cargoes.
Sec. 3512. Port of Guam Improvement Enterprise Program.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009.
Funds are hereby authorized to be appropriated for fiscal year 2009,
to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation for
the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, $142,803,000, of which--
(A) $79,858,000 shall remain available until
expended for expenses at the United States Merchant
Marine Academy,
(B) $26,640,000 shall remain available until
expended for capital improvements at the United States
Merchant Marine Academy, and
(C) $10,987,000 shall remain available until
expended for maintenance and repair of school ships of
the State Maritime Academies.
(2) For expenses to maintain and preserve a United States-
flag merchant fleet to serve the national security needs of the
United States under chapter 531 of title 46, Unites States Code,
$193,500,000, of which $19,500,000 will be available for costs
associated with the maintenance reimbursement pilot program
under section 3517 of the Maritime Security Act of 2003 (46
U.S.C. 53101 note).
(3) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, $18,000,000.
(4) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan
guarantees under the program authorized by chapter 537 of title
46, United States Code, $30,000,000.
(5) For administrative expenses related to the
implementation of the loan guarantee program under chapter 537
of title 46, United States Code, administrative expenses related
to implementation of the reimbursement program under section
3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101
note), and administrative expenses related to the implementation
of the small shipyards and maritime communities assistance
program under section 54101 of title 46, United States Code,
$6,000,000.
SEC. 3502. <<NOTE: 46 USC 57102 note.>> LIMITATION ON EXPORT OF
VESSELS OWNED BY THE GOVERNMENT OF THE
UNITED STATES FOR THE PURPOSE OF
DISMANTLING, RECYCLING, OR SCRAPPING.
(a) In General.--Except as provided in subsection (b), no vessel
that is owned by the Government of the United States shall be approved
for export to a foreign country for purposes of dismantling, recycling,
or scrapping.
(b) Exception.--Subsection (a) shall not apply with respect to a
vessel if the Administrator of the Maritime Administration certifies to
the Committee on Armed Services of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate that--
(1) a compelling need for dismantling, recycling, or
scrapping the vessel exists;
[[Page 122 STAT. 4762]]
(2) there is no available capacity in the United States to
conduct the dismantling, recycling, or scrapping of the vessel;
(3) any dismantling, recycling, or scrapping of the vessel
in a foreign country will be conducted in full compliance with
environmental, safety, labor, and health requirements for ship
dismantling, recycling, or scrapping that are equivalent to the
laws of the United States; and
(4) the export of the vessel under this section will only be
for dismantling, recycling, or scrapping of the vessel.
(c) United States Defined.--In this section the term ``United
States'' means the States of the United States, Puerto Rico, and Guam.
SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS.
Section 51509(b) of title 46, United States Code, is amended--
(1) by striking ``$4,000'' and inserting ``$8,000'';
(2) by inserting ``tuition,'' after ``uniforms,''; and
(3) by inserting ``before the start of each academic year''
after ``and be paid''.
SEC. 3504. RIDING GANG MEMBER REQUIREMENTS.
Section 1018 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; <<NOTE: 10 USC 2401 note.>>
120 Stat. 2380) is amended to read as follows:
``SEC. 1018. RIDING GANG MEMBER REQUIREMENTS.
``(a) In General.--The Secretary of Defense may not award, renew,
extend, or exercise an option to extend any charter of a vessel
documented under chapter 121 of title 46, United States Code, for the
Department of Defense, or any contract for the carriage of cargo by a
vessel documented under that chapter for the Department of Defense,
unless the charter or contract, respectively, includes provisions that--
``(1) subject to paragraph (2), allow riding gang members to
perform work on the vessel during the effective period of the
charter or contract only under terms, conditions, restrictions,
and requirements as provided in section 8106 of title 46, United
States Code; and
``(2) require that riding gang members hold a merchant
mariner's document issued under chapter 73 of title 46, United
States Code, or a transportation security card issued under
section 70105 of such title.
``(b) Exemption.--
``(1) In general.--In accordance with regulations issued by
the Secretary of Defense, an individual shall not be treated as
a riding gang member for the purposes of section 8106 of title
46, United States Code, and this section if--
``(A) the individual is aboard a vessel that is
under charter or contract for the carriage of cargo for
the Department of Defense, for purposes other than
engaging in the operation or maintenance of the vessel;
and
``(B) the individual--
``(i) accompanies, supervises, guards, or
maintains unit equipment aboard a ship, commonly
referred to as supercargo personnel;
``(ii) is one of the force protection
personnel of the vessel;
``(iii) is a specialized repair technician; or
[[Page 122 STAT. 4763]]
``(iv) is otherwise required by the Secretary
of Defense to be aboard the vessel.
``(2) Background check.--
``(A) In general.--This section shall not apply to
an individual unless--
``(i) the name and other necessary identifying
information for the individual is submitted to the
Secretary for a background check; and
``(ii) except as provided in subparagraph (B),
the individual successfully passes a background
check by the Secretary prior to going aboard the
vessel.
``(B) Waiver.--The Secretary may waive the
application of subparagraph (A)(ii) for an individual
who holds a merchant mariner's document issued under
chapter 73 of title 46, United States Code, or a
transportation security card issued under section 70105
of such title.
``(3) Exempted individual not treated as in addition to the
crew.--An individual who, under paragraph (1), is not treated as
a riding gang member shall not be counted as an individual in
addition to the crew for the purposes of section 3304 of title
46, United States Code.''.
SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT PROGRAM FOR THE
MARITIME SECURITY FLEET.
Section 3517(a) of the Maritime Security Act of 2003 (46 U.S.C.
53101 note; as amended by section 3503 of the National Defense
Authorization Act for Fiscal Year 2006 (119 Stat. 3548)) is amended by
adding at the end the following:
``(3) Existing operating agreements.--The Secretary of
Transportation shall, subject to the availability of
appropriations, seek to enter into an agreement under this
section with one or more contractors under an operating
agreement under that chapter that is in effect on the date of
the enactment of this paragraph, regarding maintenance and
repair of all vessels that are subject to the operating
agreement.''.
SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH ADJUNCT
PROFESSORS AT THE UNITED STATES MERCHANT
MARINE ACADEMY AND FOR OTHER PURPOSES.
(a) <<NOTE: 46 USC 53101 note.>> In General.--The Maritime
Administrator may establish a temporary program for the purpose of,
subject to the availability of appropriations, contracting with
individuals as personal services contractors to provide services as
adjunct professors at the Academy, if the Maritime Administrator
determines that there is a need for adjunct professors and the need is
not of permanent duration.
(b) Contract Requirements.--Each contract under the program--
(1) must be approved by the Maritime Administrator;
(2) subject to paragraph (3), shall be for a duration,
including options, of not to exceed one year unless the Maritime
Administrator finds that exceptional circumstances justify an
extension of up to one additional year; and
(3) <<NOTE: Termination date.>> shall terminate not later
than 6 months after the termination of contract authority under
subsection (d).
(c) Limitation on Number of Contractors.--In awarding contacts under
the program, the Maritime Administrator shall ensure that not more than
25 individuals actively provide services
[[Page 122 STAT. 4764]]
in any one academic trimester, or equivalent, as contractors under the
program.
(d) Termination of Contracting Authority.--The authority to award
contracts under the program shall terminate upon the end of the academic
year 2008-2009.
(e) Existing Contracts.--Any contract entered into before the
effective date of this section for the services of an adjunct professor
at the Academy shall remain in effect for the trimester (or trimesters)
for which the services were contracted.
(f) Definitions.--In this section:
(1) Academy.--The term ``Academy'' means the United States
Merchant Marine Academy.
(2) Maritime administrator.--The term ``Maritime
Administrator'' means the Administrator of the Maritime
Administration, or a designee of the Administrator.
(3) Program.--The term ``program'' means the program
established under subsection (a).
(g) Gifts to the Academy.--
(1) In general.--Chapter 513 of title 46, United States
Code, is amended by adding at the end thereof the following:
``Sec. 51315. Gifts to the Merchant Marine Academy
``(a) In General.--The Maritime Administrator may accept and use
conditional or unconditional gifts of money or property for the benefit
of the United States Merchant Marine Academy, including acceptance and
use for non-appropriated fund instrumentalities of the Merchant Marine
Academy. The Maritime Administrator may accept a gift of services in
carrying out the Administrator's duties and powers. Property accepted
under this section and proceeds from that property must be used, as
nearly as possible, in accordance with the terms of the gift.
``(b) Establishment of Academy Gift Fund.--There is established in
the Treasury a fund, to be known as the `Academy Gift Fund'.
Disbursements from the Fund shall be made on order of the Maritime
Administrator. Unless otherwise specified by the terms of the gift, the
Maritime Administrator may use monies in the Fund for appropriated or
non-appropriated purposes at the Academy. The Fund consists of--
``(1) gifts of money;
``(2) income from donated property accepted under this
section;
``(3) proceeds from the sale of donated property; and
``(4) income from securities under subsection (c) of this
section.
``(c) Investment of Fund Balances.--On request of the Maritime
Administrator, the Secretary of the Treasury may invest and reinvest
amounts in the Fund in securities of, or in securities the principal and
interest of which is guaranteed by, the United States Government.
``(d) Disbursement Authority.--There are hereby authorized to be
disbursed from the Fund such sums as may be on deposit, to remain
available until expended.
``(e) Deductibility of Gifts.--Gifts accepted under this section are
a gift to or for the use of the Government under the Internal Revenue
Code of 1986.''.
[[Page 122 STAT. 4765]]
(2) Conforming amendment.--The chapter analysis for chapter
513 of title 46, United States Code, is amended by adding at the
end the following:
``51315. Gifts to the Merchant Marine Academy.''.
(h) Temporary Appointments to the Academy.--
(1) In general.--Chapter 513 of title 46, United States
Code, as amended by section 3513 of this Act, is further amended
by adding at the end thereof the following:
``Sec. 51316. Temporary appointments to the Academy
``Notwithstanding any other provision of law, the Maritime
Administrator may appoint any present employee of the United States
Merchant Marine Academy non-appropriated fund instrumentality to a
position on the General Schedule of comparable pay. Eligible personnel
shall be engaged in work permissibly funded by annual appropriations,
and such appointments to the Civil Service shall be without regard to
competition, for a term not to exceed 2 years.''.
(2) Conforming amendment.--The chapter analysis for chapter
513 of title 46, United States Code, as amended by section 3513
of this Act, is further amended by adding at the end the
following:
``51316. Temporary appointments to the Academy.''.
SEC. 3507. <<NOTE: 46 USC 51301 note.>> ACTIONS TO ADDRESS SEXUAL
HARASSMENT AND VIOLENCE AT THE UNITED
STATES MERCHANT MARINE ACADEMY.
(a) Required Policy.--The Secretary of Transportation shall direct
the Superintendent of the United States Merchant Marine Academy to
prescribe a policy on sexual harassment and sexual violence applicable
to the cadets and other personnel of the Academy.
(b) Matters To Be Specified in Policy.--The policy on sexual
harassment and sexual violence prescribed under this section shall
include--
(1) a program to promote awareness of the incidence of rape,
acquaintance rape, and other sexual offenses of a criminal
nature that involve cadets or other Academy personnel;
(2) procedures that a cadet should follow in the case of an
occurrence of sexual harassment or sexual violence, including--
(A) a specification of the person or persons to whom
an alleged occurrence of sexual harassment or sexual
violence should be reported by a cadet and the options
for confidential reporting;
(B) a specification of any other person whom the
victim should contact; and
(C) procedures on the preservation of evidence
potentially necessary for proof of criminal sexual
assault;
(3) a procedure for disciplinary action in cases of alleged
criminal sexual assault involving a cadet or other Academy
personnel;
(4) any other sanction authorized to be imposed in a
substantiated case of sexual harassment or sexual violence
[[Page 122 STAT. 4766]]
involving a cadet or other Academy personnel in rape,
acquaintance rape, or any other criminal sexual offense, whether
forcible or nonforcible; and
(5) required training on the policy for all cadets and other
Academy personnel, including the specific training required for
personnel who process allegations of sexual harassment or sexual
violence involving Academy personnel.
(c) Annual Assessment.--
(1) The Secretary shall direct the Superintendent to conduct
an assessment at the Academy during each Academy program year,
to be administered by the Department of Transportation, to
determine the effectiveness of the policies, training, and
procedures of the Academy with respect to sexual harassment and
sexual violence involving Academy personnel.
(2) For the assessment at the Academy under paragraph (1)
with respect to an Academy program year that begins in an odd-
numbered calendar year, the Superintendent shall conduct a
survey, to be administered by the Department, of Academy
personnel--
(A) to measure--
(i) the incidence, during that program year,
of sexual harassment and sexual violence events,
on or off the Academy reservation, that have been
reported to officials of the Academy; and
(ii) the incidence, during that program year,
of sexual harassment and sexual violence events,
on or off the Academy reservation, that have not
been reported to officials of the Academy; and
(B) to assess the perceptions of Academy personnel
of--
(i) the policies, training, and procedures on
sexual harassment and sexual violence involving
Academy personnel;
(ii) the enforcement of such policies;
(iii) the incidence of sexual harassment and
sexual violence involving Academy personnel; and
(iv) any other issues relating to sexual
harassment and sexual violence involving Academy
personnel.
(d) Annual Report.--
(1) The Secretary shall direct the Superintendent of the
Academy to submit to the Secretary a report on sexual harassment
and sexual violence involving cadets or other personnel at the
Academy for each Academy program year.
(2) Each report under paragraph (1) shall include, for the
Academy program year covered by the report, the following:
(A) The number of sexual assaults, rapes, and other
sexual offenses involving cadets or other Academy
personnel that have been reported to Academy officials
during the program year and, of those reported cases,
the number that have been substantiated.
(B) The policies, procedures, and processes
implemented by the Superintendent and the leadership of
the Academy in response to sexual harassment and sexual
violence involving cadets or other Academy personnel
during the program year.
(C) A plan for the actions that are to be taken in
the following Academy program year regarding prevention
[[Page 122 STAT. 4767]]
of and response to sexual harassment and sexual violence
involving cadets or other Academy personnel.
(3) Each report under paragraph (1) for an Academy program
year that begins in an odd-numbered calendar year shall include
the results of the survey conducted in that program year under
subsection (c)(2).
(4)(A) The Superintendent shall transmit to the Secretary,
and to the Board of Visitors of the Academy, each report
received by the Superintendent under this subsection, together
with the Superintendent's comments on the report.
(B) The Secretary shall transmit each such report, together
with the Secretary's comments on the report, to the Senate
Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and
Infrastructure.
SEC. 3508. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME
COMMUNITIES.
(a) In General.--Title 46, United States Code, is amended by
inserting the following new chapter after chapter 539:
``CHAPTER 541--MISCELLANEOUS
``Sec
``54101. Assistance for small shipyards and maritime communities
``Sec. 54101. Assistance for small shipyards and maritime
communities
``(a) Establishment of Program.--Subject <<NOTE: Contracts.>> to
the availability of appropriations, the Administrator of the Maritime
Administration shall execute agreements with shipyards to provide
assistance--
``(1) in the form of grants, loans, and loan guarantees to
small shipyards for capital improvements; and
``(2) for maritime training programs to foster technical
skills and operational productivity in communities whose
economies are related to or dependent upon the maritime
industry.
``(b) Awards.--In providing assistance under the program, the
Administrator shall--
``(1) take into account--
``(A) the economic circumstances and conditions of
maritime communities;
``(B) projects that would be effective in fostering
efficiency, competitive operations, and quality ship
construction, repair, and reconfiguration; and
``(C) projects that would be effective in fostering
employee skills and enhancing productivity; and
``(2) <<NOTE: Grants. Deadline.>> make grants within 120
days after the date of enactment of the appropriations Act for
the fiscal year concerned.
``(c) Use of Funds.--
``(1) In general.--Assistance provided under this section
may be used--
``(A) to make capital and related improvements in
small shipyards located in or near maritime communities;
``(B) to provide training for workers in communities
whose economies are related to the maritime industry;
and
[[Page 122 STAT. 4768]]
``(C) for such other purposes as the Administrator
determines to be consistent with and supplemental to
such activities.
``(2) Administrative costs.--Not more than 2 percent of
amounts made available to carry out the program may be used for
the necessary costs of grant administration.
``(d) Prohibited Uses.--Grants awarded under this section may not be
used to construct buildings or other physical facilities or to acquire
land unless such use is specifically approved by the Administrator in
support of subsection (c)(1)(C).
``(e) Matching Requirements; Allocation.--
``(1) Federal funding.--Except as provided in paragraph (2),
Federal funds for any eligible project under this section shall
not exceed 75 percent of the total cost of such project.
``(2) Exception.--If the Administrator determines that a
proposed project merits support and cannot be undertaken without
a higher percentage of Federal financial assistance, the
Administrator may award a grant for such project with a lesser
matching requirement than is described in paragraph (1).
``(3) Allocation of funds.--The Administrator may not award
more than 25 percent of the funds appropriated to carry out this
section for any fiscal year to any small shipyard in one
geographic location that has more than 600 employees.
``(f) Applications.--
``(1) In general.--To <<NOTE: Deadline.>> be eligible for
assistance under this section, an applicant shall submit an
application, in such form, and containing such information and
assurances as the Administrator may require, within 60 days
after the date of enactment of the appropriations Act for the
fiscal year concerned.
``(2) Minimum standards for payment or reimbursement.--Each
application submitted under paragraph (1) shall include--
``(A) a comprehensive description of--
``(i) the need for the project;
``(ii) the methodology for implementing the
project; and
``(iii) any existing programs or arrangements
that can be used to supplement or leverage
assistance under the program.
``(3) Procedural safeguards.--The <<NOTE: Guidelines.>>
Administrator, in consultation with the Office of the Inspector
General, shall issue guidelines to establish appropriate
accounting, reporting, and review procedures to ensure that--
``(A) grant funds are used for the purposes for
which they were made available;
``(B) grantees have properly accounted for all
expenditures of grant funds; and
``(C) grant funds not used for such purposes and
amounts not obligated or expended are returned.
``(4) Project approval required.--The Administrator may not
award a grant under this section unless the Administrator
determines that--
``(A) sufficient funding is available to meet the
matching requirements of subsection (e);
``(B) the project will be completed without
unreasonable delay; and
[[Page 122 STAT. 4769]]
``(C) the recipient has authority to carry out the
proposed project.
``(g) Audits and Examinations.--All <<NOTE: Records.>> grantees
under this section shall maintain such records as the Administrator may
require and make such records available for review and audit by the
Administrator.
``(h) Small Shipyard Defined.--In this section, the term `small
shipyard' means a shipyard facility in one geographic location that does
not have more than 1,200 employees.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator of the Maritime Administration for
each of fiscal years 2009 through 2013 to carry out this section--
``(1) $5,000,000 for training grants; and
``(2) $25,000,000 for capital and related improvements.''.
(b) Conforming Amendment.--Section 3506 of the National Defense
Authorization Act for Fiscal Year 2006 <<NOTE: 46 USC 54101.>> (46
U.S.C. 53101 note) is repealed.
SEC. 3509. MARINE WAR RISK INSURANCE.
Section 53912 of title 46, United States Code, is amended by
striking ``December 31, 2010.'' and inserting ``December 31, 2015.''.
SEC. 3510. MARAD CONSULTATION ON JONES ACT WAIVERS.
Section 501(b) of title 46, United States Code, is amended to read
as follows:
``(b) By Head of Agency.--When the head of an agency responsible for
the administration of the navigation or vessel-inspection laws considers
it necessary in the interest of national defense, the individual,
following a determination by the Maritime Administrator, acting in the
Administrator's capacity as Director, National Shipping Authority, of
the non-availability of qualified United States flag capacity to meet
national defense requirements, may waive compliance with those laws to
the extent, in the manner, and on the terms the individual, in
consultation with the Administrator, acting in that capacity,
prescribes.''.
SEC. 3511. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT
PERSONNEL AND CERTAIN CARGOES.
(a) In General.--Section 55305(b) of title 46, United States Code,
is amended--
(1) by striking ``country'' and inserting ``country,
organization, or persons'';
(2) by inserting ``or obtaining'' after ``furnishing''; and
(3) by striking ``commodities,'' the first place it appears
and inserting ``commodities, or provides financing in any way
with Federal funds for the account of any persons unless
otherwise exempted,''.
(b) Other Agencies.--Section 55305(d) of title 46, United States
Code, is amended to read as follows:
``(d) Programs of Other Agencies.--
``(1) Each department or agency that has responsibility for
a program under this section shall administer that program with
respect to this section under regulations and guidance issued by
the Secretary of Transportation. The Secretary, after consulting
with the department or agency or organization or
[[Page 122 STAT. 4770]]
person involved, shall have the sole responsibility for
determining if a program is subject to the requirements of this
section.
``(2) The Secretary--
``(A) <<NOTE: Review.>> shall conduct an annual
review of the administration of programs determined
pursuant to paragraph (1) as subject to the requirements
of this section;
``(B) may direct agencies to require the
transportation on United States-flagged vessels of cargo
shipments not otherwise subject to this section in
equivalent amounts to cargo determined to have been
shipped on foreign carriers in violation of this
section;
``(C) may impose on any person that violates this
section, or a regulation prescribed under this section,
a civil penalty of not more than $25,000 for each
violation willfully and knowingly committed, with each
day of a continuing violation following the date of
shipment to be a separate violation; and
``(D) may take other measures as appropriate under
the Federal Acquisition Regulations issued pursuant to
section 25(c)(1) of the Office of Federal Procurement
Policy Act (41 U.S.C. 421(c)(1) or contract with respect
to each violation.''.
(c) <<NOTE: 46 USC 55305 note.>> Regulations.--The Secretary of
Transportation shall prescribe such rules as are necessary to carry out
section 55305(d) of title 46, United States Code. The Secretary may
prescribe interim rules necessary to carry out section 55305(d) of such
title. An interim rule prescribed under this subsection shall remain in
effect until superseded by a final rule.
(d) Change of Year.--Section 55314(a) of title 46, United States
Code, is amended by striking ``calendar'' each place it appears and
inserting ``fiscal''.
SEC. 3512. <<NOTE: 48 USC 1421r.>> PORT OF GUAM IMPROVEMENT
ENTERPRISE PROGRAM.
(a) In General.--The Secretary of Transportation, acting through the
Administrator of the Maritime Administration (in this section referred
to as the ``Administrator''), may establish a Port of Guam Improvement
Enterprise Program (in this section referred to as the ``Program'') to
provide for the planning, design, and construction of projects for the
Port of Guam to improve facilities, relieve port congestion, and provide
greater access to port facilities.
(b) Authorities of the Administrator.--In carrying out the Program,
the Administrator may--
(1) receive funds provided for the Program from Federal and
non-Federal entities, including private entities;
(2) provide for coordination among appropriate governmental
agencies to expedite the review process under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
projects carried out under the Program;
(3) provide for coordination among appropriate governmental
agencies in connection with other reviews and requirements
applicable to projects carried out under the Program; and
(4) provide technical assistance to the Port Authority of
Guam (and its agents) as needed for projects carried out under
the Program.
(c) Port of Guam Improvement Enterprise Fund.--
[[Page 122 STAT. 4771]]
(1) Establishment.--There is established in the Treasury of
the United States a separate account to be known as the ``Port
of Guam Improvement Enterprise Fund'' (in this section referred
to as the ``Fund'').
(2) Deposits.--There shall be deposited into the Fund--
(A) amounts received by the Administrator from
Federal and non-Federal sources under subsection (b)(1);
(B) amounts transferred to the Administrator under
subsection (d); and
(C) amounts appropriated to carry out this section
under subsection (f).
(3) Use of amounts.--Amounts in the Fund shall be available
to the Administrator to carry out the Program.
(4) Administrative expenses.--Not to exceed 3 percent of the
amounts appropriated to the Fund for a fiscal year may be used
for administrative expenses of the Administrator.
(5) Availability of amounts.--Amounts in the Fund shall
remain available until expended.
(d) Transfers of Amounts.--Amounts appropriated or otherwise made
available for any fiscal year for an intermodal or marine facility
comprising a component of the Program shall be transferred to and
administered by the Administrator.
(e) Limitation.--Nothing in this section shall be construed to
authorize amounts made available under section 215 of title 23, United
States Code, or any other amounts made available for the construction of
highways or amounts otherwise not eligible for making port improvements
to be deposited into the Fund.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as may be necessary to carry out this
section
Approved October 14, 2008.
LEGISLATIVE HISTORY--S. 3001 (H.R. 5658):
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HOUSE REPORTS: No. 110-652 and Pt. 2 (both from Comm. on Armed Services)
accompanying H.R. 5658.
SENATE REPORTS: No. 110-335 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 9-12, 15-17, considered and passed Senate.
Sept. 24, considered and passed House, amended.
Sept. 27, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
Oct. 14, Presidential statement.
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