# Duncan Hunter National Defense Authorization Act for Fiscal Year 2009/Division A/Title X
## TITLE X — GENERAL PROVISIONS
### Subtitle A--Financial Matters
#### SEC. 1001. GENERAL TRANSFER AUTHORITY.

    (a) Authority To Transfer Authorizations-
       (1) AUTHORITY- Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2009 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
       (2) LIMITATION- Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $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 disbursements scheduled for September 2013) shall be reduced by 1 percent.
    (b) Reversion- Beginning on September 1, 2013 (with disbursements beginning in October 2013), amounts payable to individuals from the fund shall revert back to amounts as specified in law as if the reduction in subsection (a) did not take place.
    (c) Refund- Any individual who has a payment reduced under subsection (a) shall receive a one-time payment, from the fund, in an amount equal to the amount of such reduction. This one-time payment shall be included with disbursements from the fund scheduled for October 2013.
    (d) Fund- In this section, the term `fund' refers to the Department of Defense Military Retirement Fund established by section 1461 of title 10, United States Code.
    (e) Transfer- Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall transfer $40,000,000 from the unobligated balances of the National Defense Stockpile Transaction Fund to the Miscellaneous Receipts Fund of the United States Treasury to offset estimated costs arising from section 702 and the amendments made by such section.

#### SEC. 1003. MANAGEMENT OF PURCHASE CARDS.

    (a) Penalties for Violations- Section 2784(c)(1) of title 10, United States Code, is amended by striking `(1) provide for' and inserting the following:
                `(1) provide--
                   `(A) for the reimbursement of charges for unauthorized or erroneous purchases, in appropriate cases; and
                   `(B) for'.
    (b) Required Report- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing actions to be taken by the Department of Defense to implement the recommendations of the Government Accountability Office in its report titled `Actions Needed to Strengthen Internal Controls to Reduce Fraudulent, Improper, and Abusive Purchases' (GAO-08-333) to improve safeguards and internal controls on the use of agency purchase cards.

#### SEC. 1004. CODIFICATION OF RECURRING AUTHORITY ON UNITED STATES CONTRIBUTIONS TO THE NORTH ATLANTIC TREATY ORGANIZATION COMMON-FUNDED BUDGETS.

    (a) Codification of Authority-
       (1) IN GENERAL- Subchapter II of chapter 134 of title 10, United States Code, is amended by adding at the end the following new section:
          `Sec. 2263. United States contributions to the North Atlantic Treaty Organization common-funded budgets
             `(a) In General- The total amount contributed by the Secretary of Defense in any fiscal year for the common-funded budgets of NATO may be an amount in excess of the maximum amount that would otherwise be applicable to those contributions in such fiscal year under the fiscal year 1998 baseline limitation.
             `(b) Reports- (1) Not later than October 30 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the contributions made by the Secretary to the common-funded budgets of NATO in the preceding fiscal year.
                `(2) Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following:
                   `(A) The amounts contributed by the Secretary to each of the separate budgets and programs of the North Atlantic Treaty Organization under the common-funded budgets of NATO.
                   `(B) For each budget and program to which the Secretary made such a contribution, the percentage of such budget or program during the fiscal year that such contribution represented.
             `(c) Definitions- In this section:
                `(1) COMMON-FUNDED BUDGETS OF NATO- The term `common-funded budgets of NATO' means the Military Budget, the Security Investment Program, and the Civil Budget of the North Atlantic Treaty Organization (and any successor or additional account or program of NATO).
                `(2) FISCAL YEAR 1998 BASELINE LIMITATION- The term `fiscal year 1998 baseline limitation' means the maximum annual amount of Department of Defense contributions for common-funded budgets of NATO that is set forth as the annual limitation in section 3(2)(C)(ii) of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic (as defined in section 4(7) of that resolution), approved by the Senate on April 30, 1998.'.
       (2) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter II of chapter 134 of such title is amended by adding at the end the following new item:
          `2263. United States contributions to the North Atlantic Treaty Organization common-funded budgets.'.
    (b) Effective Date- The amendments made by this section shall take effect on October 1, 2008, and shall apply to fiscal years that begin on or after that date.

#### SEC. 1005. INCORPORATION OF FUNDING DECISIONS INTO LAW.

    (a) Amounts Specified in Joint Explanatory Statement Are Authorized by Law- Wherever a funding table in the Joint Explanatory Statement which is to be printed in the Congressional Record on or about September 23, 2008, to explain the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 specifies a dollar amount for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the indicated project, program, or activity is hereby authorized by law to be carried out to the same extent as if included in the text of the Act, subject to the availability of appropriations.
    (b) Merit-Based Decisions- Decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of dollar amount authorized pursuant to subsection (a) shall be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, and other applicable provisions of law.
    (c) Relationship to Transfer and Reprogramming Authority- This section does not prevent an amount covered by this section from being transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount incorporated into the Act by this section shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.
    (d) Applicability to Classified Annex- This section applies to any classified annex to the Joint Explanatory Statement referred to in subsection (a).
    (e) Oral and Written Communication- No oral or written communication concerning any amount specified in the Joint Explanatory Statement referred to in subsection (a) shall supersede the requirements of this section.

### Subtitle B--Policy Relating to Vessels and Shipyards
#### SEC. 1011. CONVEYANCE, NAVY DRYDOCK, ARANSAS PASS, TEXAS.

    (a) Conveyance Authorized- The Secretary of the Navy is authorized to convey the floating drydock AFDL-23, located in Aransas Pass, Texas, to Gulf Copper Ship Repair, that company being the current lessee of the drydock.
    (b) Condition of Conveyance- The Secretary shall require as a condition of the conveyance under subsection (a) that the drydock remain at the facilities of Gulf Copper Ship Repair, at Aransas Pass, Texas, until at least September 30, 2010.
    (c) Consideration- As consideration for the conveyance of the drydock under subsection (a), the purchaser shall provide compensation to the United States the value of which, as determined by the Secretary, is equal to the fair market value of the drydock, as determined by the Secretary. The Secretary shall take into account amounts paid by, or due and owing from, the lessee.
    (d) Transfer at No Cost to United States- The provisions of section 7306(c) of title 10, United States Code, shall apply to the conveyance under this section.
    (e) Additional Terms and Conditions- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

#### SEC. 1012. REPORT ON REPAIR OF NAVAL VESSEL IN FOREIGN SHIPYARDS.

Section 7310 of title 10, United States Code, is amended by adding at the end the following new subsection:
             `(c) Report- (1) The Secretary of the Navy shall submit to Congress each year, at the time that the President's budget is submitted to Congress that year under section 1105(a) of title 31, a report listing all repairs and maintenance performed on any covered naval vessel that has undergone work for the repair of the vessel in any shipyard outside the United States or Guam (in this section referred to as a `foreign shipyard') during the fiscal year preceding the fiscal year in which the report is submitted.
                `(2) The report shall include the percentage of the annual ship repair budget of the Navy that was spent on repair of covered naval vessels in foreign shipyards during the fiscal year covered by the report.
                `(3) The report also shall include the following with respect to each covered naval vessel:
                   `(A) The justification under law for the repair in a foreign shipyard.
                   `(B) The name and class of vessel repaired.
                   `(C) The category of repair and whether the repair qualified as voyage repair as defined in Commander Military Sealift Command Instruction 4700.15C (September 13, 2007) or Joint Fleet Maintenance Manual (Commander Fleet Forces Command Instruction 4790.3 Revision A, Change 7), Volume III. Scheduled availabilities are to be considered as a composite and reported as a single entity without individual repair and maintenance items listed separately.
                   `(D) The shipyard where the repair work was carried out.
                   `(E) The number of days the vessel was in port for repair.
                   `(F) The cost of the repair and the amount (if any) that the cost of the repair was less than or greater than the cost of the repair provided for in the contract.
                   `(G) The schedule for repair, the amount of work accomplished (stated in terms of work days), whether the repair was accomplished on schedule, and, if not so accomplished, the reason for the schedule over-run.
                   `(H) The homeport or location of the vessel prior to its voyage for repair.
                   `(I) Whether the repair was performed under a contract awarded through the use of competitive procedures or procedures other than competitive procedures.
                `(4) In this subsection, the term `covered naval vessel' means any of the following:
                   `(A) A naval vessel.
                   `(B) Any other vessel under the jurisdiction of the Secretary of the Navy.'.

#### SEC. 1013. REPORT ON PLAN FOR DISPOSAL OF CERTAIN VESSELS STRICKEN FROM THE NAVAL VESSEL REGISTER.

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy, in consultation with the Administrator of the Maritime Administration, shall submit to the congressional defense committees a report containing--
       (1) a plan for the sale and disposal of each vessel over 50,000 tons light ship displacement stricken from the Naval Vessel Register but not yet disposed of by the Navy or the Maritime Administration; and
       (2) the estimated contribution to the domestic market for steel and other metals that might be made from the scrapping of such vessels.

#### SEC. 1014. REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS OPERATIONS.

    (a) Authority for Payment- Of the amounts appropriated for operation and maintenance for the Navy, not more that $1,000,000 may be used to pay the charge established under section 1011 of title 37, United States Code, for meals sold by messes for United States Navy and Naval Auxiliary vessels to the following:
       (1) Members of nongovernmental organizations and officers or employees of host and foreign nations when participating in or providing support to United States civil-military operations.
       (2) Foreign national patients treated on Naval vessels during the conduct of United States civil-military operations, and their escorts.
    (b) Expiration of Authority- The authority to pay for meals under subsection (a) shall expire on September 30, 2010.
    (c) Report- Not later than March 31 of each year during which the authority to pay for meals under subsection (a) is in effect, the Secretary of Defense shall submit to Congress a report on the use of such authority.

#### SEC. 1015. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE STRIKE FORCES OF THE UNITED STATES NAVY.

Section 1012(c)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) is amended by adding at the end the following:
                   `(D) Amphibious assault ships, including dock landing ships (LSD), amphibious transport-dock ships (LPD), helicopter assault ships (LHA/LHD), and amphibious command ships (LCC), if such vessels exceed 15,000 dead weight ton light ship displacement.'.

### Subtitle C--Counter-Drug Activities
#### SEC. 1021. EXTENSION OF REPORTING REQUIREMENT REGARDING DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES.

Section 1022(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-255), as most recently amended by section 1024 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2383), is further amended by striking `and February 15, 2008' and inserting `February 15, 2008, and February 15, 2009'.

#### SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES.

Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note), as amended by section 1021 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 304), is amended by striking `2008' and inserting `2009'.

#### SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA AND CONTINUATION OF NUMERICAL LIMITATION ON ASSIGNMENT OF UNITED STATES PERSONNEL.

Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as amended by section 1023 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2382), is further amended--
       (1) in subsection (a), by striking `2008' and inserting `2009'; and
       (2) in subsection (c), by striking `2008' and inserting `2009'.

#### SEC. 1024. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.

    (a) Extension of Authority- Subsection (a)(2) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as amended by section 1021 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136, 117 Stat. 1593), section 1022 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2137), and section 1022 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 304), is further amended by striking `2008' and inserting `2009'.
    (b) Additional Governments Eligible to Receive Support- Subsection (b) of such section is amended by adding at the end the following new paragraphs:
                `(19) The Government of Guinea-Bissau.
                `(20) The Government of Senegal.
                `(21) The Government of El Salvador.
                `(22) The Government of Honduras.'.
    (c) Maximum Annual Amount of Support- Subsection (e)(2) of such section is amended--
       (1) by striking `or' after `2006,'; and
       (2) by striking the period at the end and inserting `, or $75,000,000 during fiscal year 2009.'.
    (d) Condition on Provision of Support- Subsection (f) of such section is amended--
       (1) in paragraph (2), by inserting after `In the case of' the following: `funds appropriated for fiscal year 2009 to carry out this section and'; and
       (2) in paragraph (4)(B), by striking `Committee on International Relations' and inserting `Committee on Foreign Affairs'.
    (e) Counter-Drug Plan- Subsection (h) of such section is amended--
       (1) in the matter preceding paragraph (1), by striking `fiscal year 2004' and inserting `fiscal year 2009'; and
       (2) in subparagraph (7), by striking `For the first fiscal year' and inserting `For fiscal year 2009, and thereafter, for the first fiscal year'.

#### SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR COUNTER-NARCOTICS EFFORTS FOR UNITED STATES AFRICA COMMAND.

    (a) Report Required- Not later than June 30, 2009, the Secretary of Defense shall submit to the congressional defense committees a comprehensive strategy of the Department of the Defense with regard to counter-narcotics efforts in Africa, with an emphasis on West Africa and the Maghreb. The Secretary of Defense shall prepare the strategy in consultation with the Secretary of State.
    (b) Matters to Be Included- The comprehensive strategy shall consist of a general overview and a separate detailed section for each of the following:
       (1) A description of the overall United States counter-narcotics policy for Africa.
       (2) The roles and missions of the Department of Defense in support of the overall United States counter-narcotics policy for Africa.
       (3) The priorities for the Department of Defense to meet programmatic objectives one-year, three-years, and five-years after the end of fiscal year 2009, including a description of the expected allocation of resources of the Department of Defense to accomplish these priorities.
       (4) The efforts of the Secretary of Defense to coordinate the Department of Defense counter-narcotics activities in Africa with Department of Defense building capacity programs, including programs carried out under the authority of the Secretary under section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456).
       (5) The efforts to coordinate the counter-narcotics activities of the Department of Defense with the counter-narcotics activities of the governments eligible to receive support under section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881) and the counter-narcotics activities in Africa of European countries and other international and regional partners.
    (c) Plans- The comprehensive strategy shall also include the following plans:
       (1) A detailed and comprehensive plan to utilize the capabilities and assets of the combatant commands that geographically surround the United States Africa Command for the counter-narcotics efforts and activities of the United States Africa Command on a temporary basis until the United States Africa Command develops its own commensurate capabilities and assets, including in the plan a description of what measures will be taken to effectuate the transition of the missions.
       (2) A detailed and comprehensive plan to enhance cooperation with certain African countries, which are often geographically contiguous to other African countries that have a significant narcotics-trafficking challenges, to increase the effectiveness of the counter-narcotics activities of the Department of Defense and its international and regional partners.

#### SEC. 1026. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR COUNTER-NARCOTICS EFFORTS IN SOUTH AND CENTRAL ASIAN REGIONS.

    (a) Report Required- Not later than June 30, 2009, the Secretary of Defense shall submit to the congressional defense committees a comprehensive strategy of the Department of the Defense with regard to counter-narcotics efforts in the South and Central Asian regions, including the countries of Afghanistan, Turkmenistan, Tajikistan, Kyrgyzstan, Kazakhstan, Pakistan, and India, as well as the countries of Armenia, Azerbaijan, and China.
    (b) Matters to Be Included- The comprehensive strategy shall consist of a general overview and a separate detailed section for each of the following:
       (1) The roles and missions of the Department of Defense in support of the overall United States counter-narcotics policy for countries of the South and Central Asian regions and the other countries specified in subsection (a).
       (2) The priorities for the Department of Defense to meet programmatic objectives for fiscal year 2010, including a description of the expected allocation of resources of the Department of Defense to accomplish these priorities.
       (3) The ongoing and planned counter-narcotics activities funded by the Department of Defense for such regions and countries.
       (4) The efforts to coordinate the counter-narcotics activities of the Department of Defense with the counter-narcotics activities of such regions and countries and the counter-narcotics activities of other international partners in such regions and countries.
       (5) The specific metrics used by the Department of Defense to evaluate progress of activities to reduce the production and trafficking of illicit narcotics in such regions and countries.

### Subtitle D--Miscellaneous Authorities and Limitations
#### SEC. 1031. ENHANCEMENT OF THE CAPACITY OF THE UNITED STATES GOVERNMENT TO CONDUCT COMPLEX OPERATIONS.

    (a) In General- Chapter 20 of title 10, United States Code, is amended by adding at the end the following new section:
          `Sec. 409. Center for Complex Operations
             `(a) Center Authorized- The Secretary of Defense may establish a center to be known as the `Center for Complex Operations' (in this section referred to as the `Center').
             `(b) Purposes- The purposes of the Center established under subsection (a) shall be the following:
                `(1) To provide for effective coordination in the preparation of Department of Defense personnel and other United States Government personnel for complex operations.
                `(2) To foster unity of effort during complex operations among--
                   `(A) the departments and agencies of the United States Government;
                   `(B) foreign governments and militaries;
                   `(C) international organizations and international nongovernmental organizations; and
                   `(D) domestic nongovernmental organizations.
                `(3) To conduct research; collect, analyze, and distribute lessons learned; and compile best practices in matters relating to complex operations.
                `(4) To identify gaps in the education and training of Department of Defense personnel, and other relevant United States Government personnel, relating to complex operations, and to facilitate efforts to fill such gaps.
             `(c) Concurrence of the Secretary of State- The Secretary of Defense shall seek the concurrence of the Secretary of State to the extent the efforts and activities of the Center involve the entities referred to in subparagraphs (B) and (C) of subsection (b)(2).
             `(d) Support From Other United States Government Departments or Agencies- The head of any non-Department of Defense department or agency of the United States Government may--
                `(1) provide to the Secretary of Defense services, including personnel support, to support the operations of the Center; and
                `(2) transfer funds to the Secretary of Defense to support the operations of the Center.
             `(e) Acceptance of Gifts and Donations- (1) Subject to paragraph (3), the Secretary of Defense may accept from any source specified in paragraph (2) any gift or donation for purposes of defraying the costs or enhancing the operations of the Center.
                `(2) The sources specified in this paragraph are the following:
                   `(A) The government of a State or a political subdivision of a State.
                   `(B) The government of a foreign country.
                   `(C) A foundation or other charitable organization, including a foundation or charitable organization that is organized or operates under the laws of a foreign country.
                   `(D) Any source in the private sector of the United States or a foreign country.
                `(3) The Secretary may not accept a gift or donation under this subsection if acceptance of the gift or donation would compromise or appear to compromise--
                   `(A) the ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; or
                   `(B) the integrity of any program of the Department or of any person involved in such a program.
                `(4) The Secretary shall provide written guidance setting forth the criteria to be used in determining the applicability of paragraph (3) to any proposed gift or donation under this subsection.
             `(f) Crediting of Funds Transferred or Accepted- Funds transferred to or accepted by the Secretary of Defense under this section shall be credited to appropriations available to the Department of Defense for the Center, and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriations with which merged. Any funds so transferred or accepted shall remain available until expended.
             `(g) Definitions- In this section:
                `(1) The term `complex operation' means an operation as follows:
                   `(A) A stability operation.
                   `(B) A security operation.
                   `(C) A transition and reconstruction operation.
                   `(D) A counterinsurgency operation.
                   `(E) An operation consisting of irregular warfare.
                `(2) The term `gift or donation' means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).'.
    (b) Clerical Amendment- The table of sections at the beginning of chapter 20 of such title is amended by adding at the end the following new item:
          `409. Center for Complex Operations.'.

#### SEC. 1032. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE TO PROPERTY FUNDED FROM A DEPARTMENT OF DEFENSE WORKING CAPITAL FUND.

Section 7623(b) of title 10, United States Code, is amended--
       (1) by inserting `(1)' after `(b)';
       (2) in paragraph (1), as so designated, by striking the last sentence; and
       (3) by adding at the end the following new paragraph:
                `(2)(A) Except as provided in subparagraph (B), amounts received under this section shall be covered into the Treasury as miscellaneous receipts.
                   `(B) Amounts received under this section for damage or loss to property operated and maintained with funds from a Department of Defense working capital fund or account shall be credited to that fund or account.'.

#### SEC. 1033. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR CHARTER AIR TRANSPORTATION SERVICES FROM CARRIERS PARTICIPATING IN THE CIVIL RESERVE AIR FLEET.

    (a) In General- Chapter 931 of title 10, United States Code, is amended by adding at the end the following new section:
          `Sec. 9515. Charter air transportation services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet
             `(a) In General- The Secretary of Defense shall take steps to--
                `(1) improve the predictability in Department of Defense charter requirements;
                `(2) strengthen Civil Reserve Airlift Fleet participation to assure adequate capacity is available to meet steady-state, surge and mobilization requirements; and
                `(3) provide incentives for commercial air passenger carriers to provide newer, more efficient and reliable aircraft for Department of Defense service rather than older, fully depreciated aircraft.
             `(b) Consideration of Recommendations- In carrying out subsection (a), the Secretary of Defense shall consider the recommendations on courses of action for the Civil Reserve Air Fleet as outlined in the report required by Section 356 of the National Defense Authorization Act for 2008 (Public Law 110-181).
             `(c) Contracts for Charter Air Transportation Services- The Secretary of Defense may award to an air carrier or an air carrier contractor team arrangement participating in the Civil Reserve Air Fleet on a fiscal year basis a one-year contract for charter air transportation services with a minimum purchase amount under such contract determined in accordance with this section.
             `(d) Eligible Charter Air Transportation Carriers- In order to be eligible for payments under the minimum purchase amount provided by this section, an air carrier (or any air carrier participating in an air carrier contractor team arrangement)--
                `(1) if under contract with the Department of Defense in the prior fiscal year, shall have an average on-time pick up rate, based on factors within such air carrier's control, of at least 90 percent;
                `(2) shall offer such amount of commitment to the Civil Reserve Air Fleet in excess of the minimum required for participation in the Civil Reserve Air Fleet as the Secretary of Defense shall specify for purposes of this section; and
                `(3) may not have refused a Department of Defense request to act as a host for other Civil Reserve Air Fleet carriers at intermediate staging bases during the prior fiscal year.
             `(e) Aggregate Minimum Purchase Amount- (1) The aggregate amount of the minimum purchase amount for all contracts awarded under subsection (c) for a fiscal year shall be based on forecast needs, but may not exceed the amount equal to 80 percent of the average annual expenditure of the Department of Defense for charter air transportation services during the five-fiscal year period ending in the fiscal year before the fiscal year for which such contracts are awarded.
                `(2) In calculating the average annual expenditure of the Department of Defense for charter air transportation services for purposes of paragraph (1), the Secretary of Defense shall omit from the calculation any fiscal year exhibiting unusually high demand for charter air transportation services if the Secretary determines that the omission of such fiscal year from the calculation will result in a more accurate forecast of anticipated charter air transportation services for purposes of that paragraph.
             `(f) Allocation of Minimum Purchase Among Charter Air Transportation Contracts- (1) The aggregate amount of the minimum purchase amount for all contracts awarded under subsection (c) for a fiscal year, as determined under subsection (e), shall be allocated among all air carriers and air carrier contractor team arrangements awarded contracts under subsection (c) for such fiscal year in proportion to the commitments of such carriers to the Civil Reserve Air Fleet for such fiscal year.
                `(2) In determining the minimum purchase amount payable under paragraph (1) under a contract under subsection (c) for charter air transportation services provided by an air carrier or air carrier contractor team arrangement during the fiscal year covered by such contract, the Secretary of Defense may adjust the amount allocated to such carrier or arrangement under paragraph (2) to take into account periods during such fiscal year when charter air transportation services of such carrier or a carrier in such arrangement are unavailable for usage by the Department of Defense, including during periods of refused business or suspended operations or when such carrier is placed in nonuse status pursuant to section 2640 of this title for safety reasons.
             `(g) Distribution of Amounts- If any amount available under this section for the minimum purchase of charter air transportation services from a carrier or air carrier contractor team arrangement for a fiscal year under a contract under subsection (c) is not utilized to purchase charter air transportation services from the carrier or arrangement in such fiscal year, such amount shall be provided to the carrier or arrangement before the first day of the following fiscal year.
             `(h) Commitment of Funds- (1) The Secretary of each military department shall transfer to the transportation working capital fund a percentage of the total amount anticipated to be required in such fiscal year for the payment of minimum purchase amounts under all contracts awarded under subsection (c) for such fiscal year equivalent to the percentage of the anticipated use of charter air transportation services by such military department during such fiscal year from all carriers under contracts awarded under subsection (c) for such fiscal year.
                `(2) Any amounts required to be transferred under paragraph (1) shall be transferred by the last day of the fiscal year concerned to meet the requirements of subsection (g) unless minimum purchase amounts have already been distributed by the Secretary of Defense under subsection (g) as of that date.
                      `(i) Availability of Airlift Services- (1) From the total amount of charter air transportation services available for a fiscal year under all contracts awarded under subsection (c) for such fiscal year, a military department shall be entitled to obtain a percentage of such services equal to the percentage of the contribution of the military department to the transportation working capital fund for such fiscal year under subsection (h).
                `(2) A military department may transfer any entitlement to charter air transportation services under paragraph (1) to any other military department or to any other agency, element, or component of the Department of Defense.
             `(j) Definition- In this section, the term `charter air transportation' has the meaning given such term in section 40102(14) of title 49, United States Code, except that it only means such transportation for which the Secretary of Defense has entered into a contract for the purpose of passenger travel.
             `(k) Sunset- The authorities in this section shall expire on December 31, 2015.'.
    (b) Clerical Amendment- The table of sections at the beginning of chapter 941 of such title is amended by adding at the end the following new item:
          `9515. Charter air transportation services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet.'.
    (c) Report to Congress; Limitation on Exercise of Authority-
       (1) REPORT- The Secretary of Defense shall submit to the congressional defense committees a written report on the actions taken under subsections (a) and (b) of section 9515 of title 10, United States Code, as added by subsection (a), along with the anticipated risks and benefits of such actions.
       (2) LIMITATION- No authority under subsections (c) through (I) of such section may be implemented until 30 days after the date on which the Secretary submits the report required under paragraph (1).

#### SEC. 1034. SEMI-ANNUAL REPORTS ON STATUS OF NAVY NEXT GENERATION ENTERPRISE NETWORKS PROGRAM.

    (a) Semi-Annual Reports Required- The Secretary of Defense shall submit to the congressional defense committees semi-annual reports on the status of the development, testing, and deployment of the Navy Next Generation Enterprise Networks program and the transition of the capabilities provided by the Navy Marine Corps Intranet program to the Next Generation Enterprise Networks program. Each such report shall cover such status during the two fiscal quarters preceding the fiscal quarter in which the report is submitted.
    (b) Coordination- The Secretary of Defense shall develop each of the semi-annual reports required under subsection (a) in coordination with the Secretary of the Navy, the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Networks and Information Integration, and the Director of Operational Test and Evaluation.
    (c) Contents of Reports- Each of the reports required under subsection (a) shall address the following matters for the period covered by the report:
       (1) For each Next Generation Enterprise Networks contract entered into by the Secretary of Defense--
          (A) the metrics used for quantitatively measuring the performance of the entity with which the Secretary has entered into the contract and, based on such metrics, an assessment of the performance of such entity during such period;
          (B) the qualitative measures used to assess the performance of such entity and, based on such qualitative measures, an assessment of the performance of such entity during such period;
          (C) the mechanisms for providing incentives to improve the performance of such entity, the processes for determining incentive payments, and the use of incentive payments made during such period; and
          (D) the mechanisms for penalizing such entity for poor performance, the processes for determining penalties, and the use of such penalties during such period.
       (2) Any progress made during such period to transition information technology services from the Navy Marine Corps Intranet program to the Next Generation Enterprise Networks program, including the transfer of intellectual property and infrastructure, and a description of contracting mechanisms used to facilitate such transition and the provision of services related to such transition.
       (3) An assessment of any issues arising during such period that relate to the valuation and ownership of intellectual property and infrastructure in the Navy Marine Corps Intranet program.
       (4) Any activities carried out by the Next Generation Enterprise Networks Governance Board to resolve issues related to the Next Generation Enterprise Network program.
       (5) An assessment of the operational effectiveness and suitability of the Next Generation Enterprise Networks program during such period based on testing activities and other assessments.
       (6) A description of the information security and information assurance posture and performance of the Next Generation Enterprise Networks program during such period.
       (7) The schedule, status, and goals of the early transition activities between the Navy Marine Corps Intranet program and the Next Generation Enterprise Networks program carried out during such period.
       (8) A description of the role of the Next Generation Enterprise Networks program with the Navy's network environment.
       (9) An updated acquisition milestone schedule, including any changes from previous planned schedules, the status of achieving milestones, and mitigation strategies for maintaining program schedule performance.
    (d) Deadline for Submittal of Reports- The Secretary of Defense shall submit the semi-annual reports required under this section by not later than April 1 and October 1 of each year, and shall submit the first report required under this section by not later than April 1, 2009.
    (e) Termination- The requirement to submit semi-annual reports under this section shall terminate on the date that is one year after the date on which the Secretary of Defense completes the full transition of the provision of services from the Navy Marine Corps Intranet program and other transition programs to the Next Generation Enterprise Networks program.

#### SEC. 1035. SENSE OF CONGRESS ON NUCLEAR WEAPONS MANAGEMENT.

    (a) Findings- Congress makes the following findings:
       (1) The unauthorized transfer of nuclear weapons from Minot Air Force Base, North Dakota, to Barksdale Air Force Base, Louisiana, in August 2007 was an extraordinary breach of the command and control and security of nuclear weapons.
       (2) The reviews conducted following that unauthorized transfer found that the ability of the Department of Defense to provide oversight of nuclear weapons matters had degenerated and that senior level attention to nuclear weapons management is minimal at best.
       (3) The lack of attention to nuclear weapons and related equipment by the Department of Defense was demonstrated again when it was discovered in March 2008 that classified equipment from Minuteman III intercontinental ballistic missiles was inadvertently shipped to Taiwan in 2006.
       (4) The Department of Defense has insufficient capability and staffing in the Office of the Under Secretary of Defense for Policy to provide the necessary oversight of the nuclear weapons functions of the Department.
       (5) The key senior position responsible for nuclear weapons matters in the Department of Defense, the Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, a position filled by appointment by and with the advice and consent of the Senate, was vacant for more than 18 months before being filled in July 2008.
       (6) The inability to provide consistent senior level emphasis on nuclear weapons policy has contributed to an erosion in the level of attention paid to nuclear weapons matters across the Department of Defense.
    (b) Sense of Congress- It is the sense of Congress that--
       (1) the United States should maintain clear and unambiguous command and control of its nuclear weapons;
       (2) the safety and security of nuclear weapons and related equipment should be a high priority as long as the United States maintains a stockpile of nuclear weapons;
       (3) these objectives will be more successfully attained if greater attention is paid to nuclear weapons matters within the Office of the Secretary of Defense, the Office of the Under Secretary of Defense for Policy, and the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics;
       (4) the Secretary of Defense should consider establishing and filling a senior position, at the level of Assistant Secretary of Defense or Deputy Under Secretary of Defense, within the Office of the Under Secretary of Defense for Policy to hold primary responsibility for the strategic and nuclear weapons policy of the Department of Defense; and
       (5) the Secretary of Defense should clarify the lines of responsibility and accountability for nuclear weapons matters within the Office of the Secretary of Defense to place greater emphasis on strategic and nuclear weapons policy and management.

#### SEC. 1036. SENSE OF CONGRESS ON JOINT DEPARTMENT OF DEFENSE-FEDERAL AVIATION ADMINISTRATION EXECUTIVE COMMITTEE ON CONFLICT AND DISPUTE RESOLUTION.

    (a) Findings- Congress makes the following findings:
       (1) Unmanned aerial systems (UAS) of the Department of Defense, like the Predator and the Global Hawk, have become a critical component of military operations. Unmanned aerial systems are indispensable in the conflict against terrorism and the campaigns in Afghanistan and Iraq.
       (2) Unmanned aerial systems of the Department of Defense must operate in the National Airspace System (NAS) for training, operational support to the combatant commands, and support to domestic authorities in emergencies and national disasters.
       (3) The Department of Defense has been lax in developing certifications of airworthiness for unmanned aerial systems, qualifications for operators of unmanned aerial systems, databases on safety matters relating to unmanned aerial systems, and standards, technology, and procedures that are necessary for routine access of unmanned aerial systems to the National Airspace System.
       (4) As recognized in a Memorandum of Agreement for Operation of Unmanned Aircraft Systems in the National Airspace System signed by the Deputy Secretary of Defense and the Administrator of the Federal Aviation Administration in September 2007, it is vital for the Department of Defense and the Federal Aviation Administration to collaborate closely to achieve progress in gaining access for unmanned aerial systems to the National Airspace System to support military requirements.
       (5) The Department of Defense and the Federal Aviation Administration have jointly and separately taken significant actions to improve the access of unmanned aerial systems of the Department of Defense to the National Airspace System, but overall, the pace of progress in access of such systems to the National Airspace System has been insufficient and poses a threat to national security.
       (6) Techniques and procedures can be rapidly acquired or developed to temporarily permit safe operations of unmanned aerial systems in the National Airspace System until permanent safe operations of such systems in the National Airspace System can be achieved.
       (7) Identifying, developing, approving, implementing, and monitoring the adequacy of these techniques and procedures may require the establishment of a joint Department of Defense-Federal Aviation Administration executive committee reporting to the highest levels of the Department of Defense and the Federal Aviation Administration on matters relating to the access of unmanned aerial systems of the Department of Defense to the National Airspace System.
       (8) Joint management attention at the highest levels of the Department of Defense and the Federal Aviation Administration may also be required on other important issues, such as type ratings for aerial refueling aircraft.
    (b) Sense of Congress- It is the sense of Congress that the Secretary of Defense should seek an agreement with the Administrator of the Federal Aviation Administration to jointly establish within the Department of Defense and the Federal Aviation Administration a joint Department of Defense-Federal Aviation Administration executive committee on conflict and dispute resolution which would--
       (1) act as a focal point for the resolution of disputes on matters of policy and procedures between the Department of Defense and the Federal Aviation Administration with respect to--
          (A) airspace, aircraft certifications, and aircrew training; and
          (B) other issues brought before the joint executive committee by the Department of Defense or the Department of Transportation;
       (2) identify solutions to the range of technical, procedural, and policy concerns arising in the disputes described in paragraph (1); and
       (3) identify solutions to the range of technical, procedural, and policy concerns arising in the integration of Department of Defense unmanned aerial systems into the National Airspace System in order to achieve the increasing, and ultimately routine, access of such systems into the National Airspace System.

#### SEC. 1037. SENSE OF CONGRESS ON SALE OF NEW OUTSIZE CARGO, STRATEGIC AIRLIFT AIRCRAFT FOR CIVILIAN USE.

    (a) Findings- Congress makes the following findings:
       (1) The 2006 Quadrennial Defense Review and the 2005 Mobility Capability Study determined that the United States Transportation Command requires a force of 292 to 383 organic strategic airlift aircraft, augmented by procurement of airlift service from commercial air carriers participating in the Civil Reserve Air Fleet, to meet the demands of the National Military Strategy. Congress has authorized and appropriated funds for 316 strategic airlift aircraft.
       (2) The commander of the United States Transportation Command has testified to Congress that it is essential to safeguard the capabilities and capacity of the Civil Reserve Air Fleet to meet wartime surge demands in connection with major combat operations and that procurement by the Air Force of excess organic strategic airlift aircraft could be harmful to the health of the Civil Reserve Air Fleet.
       (3) The C-17 aircraft is used extensively by the Air Mobility Command in the Global War on Terror. Production of the C-17 aircraft is scheduled to cease in August, 2010.
       (4) The Federal Aviation Administration has informed Congress that no fewer than six commercial operators have expressed interest in operating a commercial variant of the C-17 aircraft. Commercial sale of the new C-17 aircraft would require that the Department of Defense determine that it is in the national interest for the Federal Aviation Administration to proceed with the issuance of a type certificate for C-17 aircraft in accordance with section 21.27 of title 14, Code of Federal Regulations.
       (5) New C-17 aircraft sold for commercial use could be made available to the Civil Reserve Air Fleet, thus strengthening the capabilities and capacity of the Civil Reserve Air Fleet.
    (b) Sense of Congress- It is the sense of Congress that the Secretary of Defense, in consultation with the Secretary of Transportation, should--
       (1) review the benefits and feasibility of pursuing a new production commercial cargo capability with new C-17 commercial variant aircraft and determine whether such capability is in the national interest; and
       (2) if the Secretary of Defense determines that such a capability is in the national interest, take appropriate actions to coordinate with the Federal Aviation Administration to achieve the type certification for a commercial variant of the C-17 required by section 21.27 of title 14, Code of Federal Regulations.

### Subtitle E--Studies and Reports
#### SEC. 1041. REPORT ON CORROSION CONTROL AND PREVENTION.

    (a) Report Required- The Secretary of Defense, acting through the Director of Corrosion Policy and Oversight, shall prepare and submit to the Committees on Armed Services of the Senate and the House of Representatives a report on corrosion control and prevention in weapons systems and equipment.
    (b) Matters Covered- The report shall include the comments and recommendations of the Department of Defense regarding potential improvements in corrosion control and prevention through earlier planning. In particular, the report shall include an evaluation and business case analysis of options for improving corrosion control and prevention in the requirements and acquisition processes of the Department of Defense for weapons systems and equipment. The evaluation shall include an analysis of the impact of such potential improvements on system acquisition costs and life cycle sustainment. The options for improved corrosion control and prevention shall include corrosion control and prevention--
       (1) as a key performance parameter for assessing the selection of materials and processes;
       (2) as a key performance parameter for sustainment;
       (3) as part of the capability development document in the joint capabilities integration and development system; and
       (4) as a requirement for weapons systems managers to assess their corrosion control and prevention requirements over a system's life cycle and incorporate the results into their acquisition strategies prior to issuing a solicitation for contracts.
    (c) Deadline- The report shall be submitted not later than 120 days after the date of the enactment of this Act.
    (d) Review by Comptroller General- The Comptroller General shall review the report required under subsection (a), including the methodology used in the Department's analysis, and shall provide the results of the review to the Committees on Armed Services of the Senate and the House of Representatives not later than 60 days after the Department submits the report.

#### SEC. 1042. STUDY ON USING MODULAR AIRBORNE FIRE FIGHTING SYSTEMS (MAFFS) IN A FEDERAL RESPONSE TO WILDFIRES.

    (a) In General- The Secretary of Defense shall carry out a study to determine--
       (1) how to utilize the Department's Modular Airborne Fire Fighting Systems (MAFFS) in all contingencies where there is a Federal response to wildfires; and
       (2) how to decrease the costs of using the Department's MAFFS when supporting National Interagency Fire Center (NIFC) fire fighting operations.
    (b) Report- Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the study.

#### SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY.

    (a) Study Required- The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall carry out a study on Department of Defense rotorcraft survivability. The study shall--
       (1) with respect to actual losses of rotorcraft in combat--
          (A) identify the rates of such losses from 1965 through 2008, measured in total annual losses by type of aircraft and by cause, with rates for loss per flight hour and loss per sortie provided;
          (B) identify by category of hostile action (such as small arms, Man-Portable Air Defense Systems, and so on), the causal factors for the losses; and
          (C) propose candidate solutions for survivability (such as training, tactics, speed, countermeasures, maneuverability, lethality, technology, and so on), in a prioritized list with explanations, to mitigate each such causal factor, along with recommended funding adequate to achieve rates at least equal to the experience in the Vietnam conflict;
       (2) with respect to actual losses of rotorcraft in combat theater not related to hostile action--
          (A) identify the causal factors of loss in a ranked list; and
          (B) propose candidate solutions for survivability (such as training, tactics, speed, countermeasures, maneuverability, lethality, technology, and so on), in a prioritized list, to mitigate each such causal factor, along with recommended funding adequate to achieve the Secretary's Mishap Reduction Initiative goal of not more than 0.5 mishaps per 100,000 flight hours;
       (3) with respect to losses of rotorcraft in training or other non-combat operations during peacetime or interwar years--
          (A) identify by category (such as inadvertent instrument meteorological conditions, wire strike, and so on) the causal factors of loss in a ranked list; and
          (B) identify candidate solutions for survivability and performance (such as candidate solutions referred to in paragraph (2)(B) as well as maintenance, logistics, systems development, and so on) in a prioritized list, to mitigate each such causal factor, along with recommended funding adequate to achieve the goal of rotorcraft loss rates to non-combat causes being reduced to 1.0;
       (4) identify the key technical factors (causes of mishaps that are not related to human factors) negatively impacting the rotorcraft mishap rates and survivability trends, to include reliability, availability, maintainability, and other logistical considerations; and
       (5) identify what TACAIR is and has done differently to have such a decrease in losses per sortie when compared to rotorcraft, to include--
          (A) examination of aircraft, aircraft maintenance, logistics, operations, and pilot and operator training;
          (B) an emphasis on the development of common service requirements that TACAIR has implemented already which are minimizing losses within TACAIR; and
          (C) candidate solutions, in a prioritized list, to mitigate each causal factor with recommended funding adequate to achieve the goal of rotorcraft loss rates stated above.
    (b) Report- Not later than August 1, 2009, the Secretary and the Chairman shall submit to the congressional defense committees a report on the results of the study.

#### SEC. 1044. REPORT ON NUCLEAR WEAPONS.

    (a) Findings- Congress finds that--
       (1) numerous nuclear weapons are held in the arsenals of various countries around the world;
       (2) some of these weapons make attractive targets for theft and for use by terrorist organizations;
       (3) the United States should identify, track, and monitor these weapons as a matter of national security;
       (4) the United States should assess the security risks associated with existing stockpiles of nuclear weapons and should assess the risks of nuclear weapons being developed, acquired, or utilized by other countries, particularly rogue states, and by terrorists and other non-state actors; and
       (5) the United States should work cooperatively with other countries to improve the security of nuclear weapons and to promote multilateral reductions in the numbers of nuclear weapons.
    (b) Review- The President, in consultation with the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the Director of National Intelligence, shall conduct a review of nuclear weapons world-wide that includes--
       (1) an inventory of the nuclear arsenals of all countries that possess, or are believed to possess, nuclear weapons, which indicates, as accurately as possible, the nuclear weapons that are known, or are believed, to exist according to nationality, type, yield, and form of delivery, and an assessment of the methods that are currently employed to identify, track, and monitor nuclear weapons and their component materials;
       (2) an assessment of the risks associated with the deployment, transfer, and storage of nuclear weapons deemed to be attractive to terrorists, rogue states, and other state or non-state actors on account of their size or portability, or on account of their accessibility due to the manner of their deployment or storage; and
       (3) recommendations for--
          (A) mechanisms and procedures to improve security and safeguards for the nuclear weapons deemed to be attractive to terrorists, rogue states, and other state or non-state actors;
          (B) mechanisms and procedures to improve the ability of the United States to identify, track, and monitor the nuclear weapons deemed to be attractive to terrorists, rogue states, and other state or non-state actors;
          (C) mechanisms and procedures for implementing transparent multilateral reductions in nuclear weapons arsenals; and
          (D) methods for consolidating, dismantling, and disposing of the nuclear weapons in each country that possesses, or is believed to possess, nuclear weapons, including methods of monitoring and verifying consolidation, dismantlement, and disposal.
    (c) Report-
       (1) REPORT REQUIRED- Not later than one year after the date of the enactment of this Act, the President shall submit to Congress a report on the findings and recommendations of the review required under subsection (b).
       (2) CLASSIFICATION OF REPORT- The report required under paragraph (1) shall be submitted in unclassified form, but it may be accompanied by a classified annex.

#### SEC. 1045. REPORT ON COMPLIANCE BY DEPARTMENT OF DEFENSE WITH GUAM TAX AND LICENSING LAWS.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Navy and the Joint Guam Program Office, shall submit to the congressional defense committees a report on the steps that the Department of Defense is taking to ensure that contractors of the Department performing work on Guam comply with local tax and licensing requirements.

#### SEC. 1046. REPORT ON DETENTION OPERATIONS IN IRAQ.

    (a) Report Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on detention operations at theater internment facilities in Iraq.
    (b) Elements- The report required by subsection (a) shall include each of the following:
       (1) A detailed description of how counterinsurgency doctrine has been incorporated at theater internment facilities in Iraq.
       (2) A detailed description of the policies and programs instituted to prepare detainees for reintegration following their release from detention in theater internment facilities in Iraq.
       (3) A description and assessment of the effects of changes in detention operations and reintegration programs at theater internment facilities in Iraq during the period beginning on January 1, 2007, and ending on the date of the completion of the report, including changes in levels of violence within internment facilities and in rates of recapture of detainees released from detention in internment facilities.
       (4) A description of--
          (A) the lessons learned regarding detention operations in a counterinsurgency operation, an assessment of how such lessons could be applied to detention operations elsewhere (including in Afghanistan and at Guantanamo Bay, Cuba); and
          (B) any efforts to integrate such lessons into Department of Defense directives, joint doctrine, mission rehearsal exercises for deploying forces, and training for units involved in detention and interrogation operations.
    (c) Form- The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

#### SEC. 1047. REVIEW OF BANDWIDTH CAPACITY REQUIREMENTS OF THE DEPARTMENT OF DEFENSE AND THE INTELLIGENCE COMMUNITY.

    (a) In General- The Secretary of Defense and the Director of National Intelligence shall conduct a joint review of the bandwidth capacity requirements of the Department of Defense and the intelligence community in the near term, mid term, and long term.
    (b) Elements- The review required by subsection (a) shall include an assessment of the following:
       (1) The current bandwidth capacities and capabilities of the Department of Defense and the intelligence community to transport data, including Government and commercial ground networks, airborne relays, and satellite systems.
       (2) The bandwidth capacities and capabilities anticipated to be available to the Department of Defense and the intelligence community to transport data in the near term, mid term, and long term.
       (3) Innovative technologies available to the Department of Defense and the intelligence community to increase data transport capacity of existing bandwidth (such as compression techniques or intelligent software agents) that can be applied in the near term, mid term, and long term.
       (4) The bandwidth and data requirements of current major operational systems of the Department of Defense and the intelligence community, including an assessment of--
          (A) whether such requirements are being appropriately met by the bandwidth capacities and capabilities described in paragraph (1); and
          (B) the degree to which any such requirements are not being met by such bandwidth capacities and capabilities.
       (5) The anticipated bandwidth and data requirements of major operational systems of the Department of Defense and the intelligence community planned for each of the near term, mid term, and long term, including an assessment of--
          (A) whether such anticipated requirements will be appropriately met by the bandwidth capacities and capabilities described in paragraph (2); and
          (B) the degree to which any such requirements are not anticipated to be met by such bandwidth capacities and capabilities.
       (6) Any mitigation concepts that could be used to satisfy any unmet bandwidth and data requirements.
       (7) The costs of meeting the bandwidth and data requirements described in paragraphs (4) and (5).
       (8) Any actions necessary to integrate or consolidate the information networks of the Department of Defense and the intelligence community.
    (c) Report- Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a report setting forth the results of the review required by subsection (a).
    (d) Formal Review Process for Bandwidth Requirements- The Secretary of Defense and the Director of National Intelligence shall, as part of the Milestone B or Key Decision Point B approval process for any major defense acquisition program or major system acquisition program, establish a formal review process to ensure that--
       (1) the bandwidth requirements needed to support such program are or will be met; and
       (2) a determination will be made with respect to how to meet the bandwidth requirements for such program.
    (e) Definitions- In this section:
       (1) INTELLIGENCE COMMUNITY- The term `intelligence community' has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
       (2) LONG TERM- The term `long term' means the five-year period beginning on the date that is 10 years after the date of the enactment of this Act.
       (3) MID TERM- The term `mid term' means the five-year period beginning on the date that is five years after the date of the enactment of this Act.
       (4) NEAR TERM- The term `near term' means the five-year period beginning on the date of the enactment of this Act.

#### SEC. 1048. REVIEW OF FINDINGS AND RECOMMENDATIONS APPLICABLE TO THE DEPARTMENT OF DEFENSE REGARDING ELECTROMAGNETIC PULSE ATTACK.

    (a) Review- The Secretary of Defense shall conduct a review of the findings and recommendations applicable to the Department of Defense made in the reports of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack established under title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 165A-345).
    (b) Reports-
       (1) IN GENERAL- The Secretary shall submit to the congressional defense committees a report on the review required by subsection (a) that shall include the following:
          (A) A description of the findings and recommendations described in that subsection that are applicable to the Department of Defense.
          (B) A plan for addressing the applicable findings and implementing the applicable recommendations to the extent practicable and feasible.
          (C) If the Secretary determines that it is not practicable or feasible to address an applicable finding or implement an applicable recommendation, an explanation clearly explaining each such determination.
          (D) A description of the capabilities of the Department of Defense needed to protect and recover from an electromagnetic pulse attack.
          (E) Any research and development needed to address any applicable finding or recommendation to enable the Department of Defense to implement such recommendations in the future.
          (F) A description of the plans and programs that the Department of Defense has in place or plans to put in place to address the threat from electromagnetic pulse attack.
          (G) A description of the organizational and management structure that the Department of Defense has in place or plans to have in place to address the threat from an electromagnetic pulse attack.
          (H) A description of any impediments to implementing any applicable recommendations.
       (2) SUBMITTAL DATES- The report required by paragraph (1) shall be submitted not later than September 1 of each odd numbered year beginning in 2009 and ending in 2015.
       (3) FORM OF REPORT- The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

### Subtitle F--Other Matters
#### SEC. 1051. ADDITIONAL INFORMATION UNDER ANNUAL SUBMISSIONS OF INFORMATION REGARDING INFORMATION TECHNOLOGY CAPITAL ASSETS.

Section 351 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2516; 10 U.S.C. 221 note) is amended--
       (1) in subsection (a)--
          (A) by striking paragraph (1);
          (B) by redesignating paragraph (2) as paragraph (1);
          (C) in paragraph (1), as so redesignated, by striking `and an estimated total life cycle cost' and inserting `or an estimated total cost'; and
          (D) by adding at the end the following new paragraph (2):
                `(2) Information technology capital assets not covered by paragraph (1) that have been determined by the Chief Information Officer of the Department of Defense to be significant investments.';
       (2) by striking subsection (b);
       (3) by redesignating subsection (c) as subsection (b);
       (4) in subsection (b), as so redesignated, by striking `subsection (a)(2)' and inserting `subsection (a)(1)';
       (5) by inserting after subsection (b) the following new subsection (c):
             `(c) Required Information for Significant Investments- With respect to each information technology capital asset not covered by paragraph (1) of subsection (a), but covered by paragraph (2) of that subsection, the Secretary of Defense shall include such information in a format that is appropriate to the current status of such asset.'; and
       (6) in subsection (d), by striking `life cycle'.

#### SEC. 1052. SUBMISSION TO CONGRESS OF REVISION TO REGULATION ON ENEMY PRISONERS OF WAR, RETAINED PERSONNEL, CIVILIAN INTERNEES, AND OTHER DETAINEES.

    (a) Submission to Congress- A successor regulation to Army Regulation 190-8 Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees (dated October 1, 1997) may not be carried out or implemented until the date that is 60 days after the date on which the Secretary of Defense submits to the Committees on Armed Services of the Senate and House of Representatives such successor regulation.
    (b) Savings Clause- Nothing in this section shall affect the continued effectiveness of Army Regulation 190-8 Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees (dated October 1, 1997).

#### SEC. 1053. BARNEGAT INLET TO LITTLE EGG INLET, NEW JERSEY.

    (a) Project Modification- The project for hurricane and storm damage reduction, Barnegat Inlet to Little Egg Inlet, New Jersey, authorized by section 101(a)(1) of the Water Resources Development Act of 2000 (114 Stat. 2576), is modified to authorize the Secretary of the Army to undertake, at Federal expense, such measures as the Secretary determines to be necessary and appropriate in the public interest to address the handling of munitions placed on the beach during construction of the project before the date of enactment of this section.
    (b) Treatment of Costs- Costs incurred in carrying out subsection (a) shall not be considered to be a cost of constructing the project.
    (c) Credit- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the non-Federal share of the cost of the project the costs incurred by the non-Federal interest with respect to the removal and handling of the munitions referred to in subsection (a).
    (d) Eligible Activities- Measures authorized by subsection (a) include monitoring, removal, and disposal of the munitions referred to in subsection (a).

#### SEC. 1054. STANDING ADVISORY PANEL ON IMPROVING COORDINATION AMONG THE DEPARTMENT OF DEFENSE, THE DEPARTMENT OF STATE, AND THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT ON MATTERS OF NATIONAL SECURITY.

    (a) Establishment of Advisory Panel- The Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development (USAID) may jointly establish an advisory panel to advise, review, and make recommendations on ways to improve coordination among the Department of Defense, the Department of State, and the United States Agency for International Development on matters relating to national security, including reviewing their respective roles and responsibilities.
    (b) Membership-
       (1) COMPOSITION- The advisory panel shall be composed of 12 members, of whom--
          (A) three shall be appointed by the Secretary of Defense, in consultation with the Secretary of State and the Administrator;
          (B) three shall be appointed by the Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff, and in consultation with the Secretary of State and the Administrator;
          (C) three shall be appointed by the Secretary of State, in consultation with the Secretary of Defense and the Administrator; and
          (D) three shall be appointed by the Administrator, in consultation with the Secretary of Defense and the Secretary of State.
       (2) CHAIRMAN- The Secretary of Defense, the Secretary of State, and the Administrator shall jointly designate one member as chairman.
       (3) VICE CHAIRMAN- The Secretary of Defense, the Secretary of State, and the Administrator shall jointly designate one member as vice chairman. The vice chairman may not be a member appointed to the advisory panel under paragraph (1) by the same Secretary or Administrator who appointed the member under such paragraph who is designated as the chairman under paragraph (2).
       (4) EXPERTISE- Members of the advisory panel shall be private citizens of the United States with national recognition and significant experience in the Federal Government, the Armed Forces, public administration, foreign affairs, or development.
       (5) DEADLINE FOR APPOINTMENT- All members of the advisory panel should be appointed not earlier than January 20, 2009, and not later than March 20, 2009.
       (6) TERMS- The term of each member of the advisory panel is for the life of the advisory panel.
       (7) VACANCIES- A vacancy in the advisory panel shall be filled not later than 30 days after such vacancy occurs and in the manner in which the original appointment was made.
       (8) SECURITY CLEARANCES- The appropriate departments or agencies of the Federal Government shall cooperate with the advisory panel in expeditiously providing to the members and staff of the advisory panel appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this section without the appropriate security clearances.
       (9) STATUS- A member of the advisory panel who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee, except for the purposes of chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.
       (10) EXPENSES- The members of the advisory panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the advisory panel.
    (c) Meetings and Procedures-
       (1) INITIAL MEETING- The advisory panel shall conduct its first meeting not later than 30 days after the date that all appointments to the advisory panel have been made under subsection (b).
       (2) MEETINGS- The advisory panel shall meet not less often than once every three months. The advisory panel may also meet at the call of the Secretary of Defense, the Secretary of State, or the Administrator.
       (3) PROCEDURES- The advisory panel shall carry out its duties under procedures established under subsection (d).
    (d) Support of Federally Funded Research and Development Center- If the advisory panel is established under subsection (a), the Secretary of Defense, in consultation with the Secretary of State and the Administrator, shall, not later than 60 days after the date of the final appointment of the members of the advisory panel pursuant to subsection (b)(5), enter into a contract with a federally funded research and development center for the provision of administrative and logistical support and assistance to the advisory panel in carrying out its duties under this section. Such support and assistance shall include the establishment of the procedures of the advisory panel.
    (e) Duties of Panel- The advisory panel shall--
       (1) analyze the roles and responsibilities of the Department of Defense, the Department of State, and the USAID regarding--
          (A) stability operations;
          (B) foreign assistance (including security assistance); and
          (C) other areas the Secretary of Defense, the Secretary of State, and the Administrator jointly agree are appropriate;
       (2) review--
          (A) the structures and systems that coordinate policy-making;
          (B) the national security-related roles and responsibilities of the Department of Defense, the Department of State, USAID, and, as appropriate, other relevant agencies to ensure effective coordination;
          (C) the efforts of the Department of Defense, the Department of State, USAID, and such other relevant agencies to ensure that lessons learned and expertise that is developed in carrying out programs related to national security are shared among the departments and agencies of the Federal Government, as appropriate; and
          (D) the coordination of activities conducted abroad and carried out by personnel of the Department of Defense, Department of State, USAID, and such other relevant agencies; and
       (3) provide advice and make recommendations for otherwise improving coordination between and among the Department of Defense, the Department of State and USAID on matters of national security.
    (f) Cooperation of Other Agencies- Upon request by the advisory panel, any department or agency of the Federal Government shall provide information that the advisory panel considers necessary to carry out its duties.
    (g) Reports-
       (1) INTERIM REPORT- Not later than 180 days after the first meeting of the advisory panel, the advisory panel shall submit to the Secretary of Defense, the Secretary of State, and the Administrator a report that identifies--
          (A) aspects of the interagency structure and processes relating to matters of national security that should take priority in any effort to improve the coordination among the Department of Defense, the Department of State, and USAID; and
          (B) methods to better coordinate the interagency structure and processes relating to matters of national security.
       (2) ANNUAL REPORTS- Not later than December 31 of the year in which the interim report is submitted under paragraph (1), the advisory panel shall submit to the Secretary of Defense, the Secretary of State, and the Administrator a report on--
          (A) the activities of the advisory panel;
          (B) any deficiencies relating to coordination among the Department of Defense, Department of States and USAID and other relevant agencies on matters of national security;
          (C) any improvements made during the period covered by the report to the coordination among the Department of Defense, the Department of State, USAID, and other relevant agencies on matters of national security;
          (D) methods to better coordinate the interagency structure and processes among the Department of Defense, the Department of State, USAID, and other relevant agencies on matters relating to national security; and
          (E) such findings, conclusions, and recommendations as the advisory panel considers appropriate.
       (3) SUBMISSION OF REPORT TO CONGRESS- The Secretary of Defense, the Secretary of State, and the Administrator shall submit to the appropriate congressional committees the reports required under this subsection and any additional information considered appropriate.
       (4) CONGRESSIONAL BRIEFINGS- Not later than 30 days after the submission of each report required under this subsection, the members of the advisory panel shall make themselves available to meet with the appropriate congressional committees to brief such committees on the matters contained in the report.
       (5) APPROPRIATE COMMITTEES- For the purposes of this subsection, the appropriate congressional committees are the following:
          (A) The Committees on Foreign Affairs, Armed Services, and Appropriations of the House of Representatives.
          (B) The Committees on Foreign Relations, Armed Services, and Appropriations of the Senate.
    (h) Termination of Advisory Panel- The advisory panel shall terminate on December 31, 2012.
    (i) Definitions- In this section:
       (1) ADMINISTRATOR- The term `Administrator' means the Administrator of the United States Agency for International Development.
       (2) STABILITY OPERATIONS- The term `stability operations' means stability and reconstruction operations conducted by departments or agencies of the Federal Government described by Department of Defense Directive 3000.05, National Security Presidential Directive 1, or National Security Presidential Directive 44.
       (3) FEDERAL AGENCY- The term `Federal agency' means any entity included in chapter 1 of title 5, United States code.

#### SEC. 1055. REPORTS ON STRATEGIC COMMUNICATION AND PUBLIC DIPLOMACY ACTIVITIES OF THE FEDERAL GOVERNMENT.

    (a) Report by President-
       (1) INITIAL REPORT- Not later than December 31, 2009, the President shall submit to the appropriate committees of Congress a report on a comprehensive interagency strategy for public diplomacy and strategic communication of the Federal Government, including benchmarks and a timetable for achieving such benchmarks.
       (2) ELEMENTS OF REPORT- The report required under paragraph (1) shall include the following elements:
          (A) STRATEGY- A comprehensive interagency strategy, which shall include the following:
             (i) Prioritizing the mission of supporting specific foreign policy objectives, such as counterterrorism and efforts to combat extremist ideology, in parallel and in complement with, as appropriate, the broad mission of communicating the policies and values of the United States to foreign audiences.
             (ii) Consolidating and elevating, as appropriate, Federal Government leadership to prioritize, manage, and implement the strategy required by this subsection, including consideration of whether to establish strategic communication and public diplomacy positions at the National Security Council and to establish a single office to coordinate strategic communication and public diplomacy efforts.
             (iii) Improving coordination across departments and agencies of the Federal Government on strategic communications and public diplomacy.
             (iv) Consideration of whether resources devoted to strategic communication and public diplomacy efforts should be increased.
          (B) STUDY- A study of whether to establish an independent, not-for-profit organization responsible for providing independent assessment and strategic guidance to the Federal Government on strategic communication and public diplomacy, as recommended by the Task Force on Strategic Communication of the Defense Science Board.
          (C) ROLES OF DEPARTMENTS OR AGENCIES OF THE FEDERAL GOVERNMENT- A description of the respective roles of the National Security Council, the Department of Defense, and the Department of State regarding strategic communication and public diplomacy, including--
             (i) a description of the roles of the offices within the National Security Council, the Department of Defense, and the Department of State engaged in message outreach to audiences abroad; and
             (ii) an explanation of how the National Security Council, the Department of Defense, and the Department of State coordinate strategic communication and public diplomacy activities.
       (3) SUBSEQUENT REPORT- Two years after the submission of the initial report under paragraph (1), the President shall submit to the appropriate committees of Congress a report on--
          (A) the status of the implementation of the strategy;
          (B) progress toward achievement of benchmarks; and
          (C) any changes to the strategy since the submission of the initial report.
    (b) Report by Secretary of Defense- Not later than December 31, 2009, the Secretary of Defense shall review, and submit to the congressional defense committees a report on, the organizational structure within the Department of Defense for advising the Secretary on the direction and priorities for strategic communication activities, including an assessment of the option of establishing a board, composed of representatives from among the organizations within the Department responsible for strategic communications, public diplomacy, and public affairs, and including advisory members from the broader interagency community as appropriate, for purposes of--
       (1) providing strategic direction for Department of Defense efforts related to strategic communications and public diplomacy; and
       (2) setting priorities for the Department of Defense in the areas of strategic communications and public diplomacy.
    (c) Form and Availability of Reports-
       (1) FORM- The reports required by this section may be submitted in a classified form.
       (2) AVAILABILITY- Any unclassified portions of the reports required by this section shall be made available to the public.
    (d) Appropriate Committees- For the purposes of this section, the appropriate committees of Congress are the following:
       (1) The Committees on Foreign Relations, Armed Services, and Appropriations of the Senate.
       (2) The Committees on Foreign Affairs, Armed Services, and Appropriations of the House of Representatives.

#### SEC. 1056. PROHIBITIONS RELATING TO PROPAGANDA.

    (a) Prohibition- No part of any funds authorized to be appropriated in this or any other Act shall be used by the Department of Defense for publicity or propaganda purposes within the United States not otherwise specifically authorized by law.
    (b) Report- Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to Congress a report on the findings of their project number D2008-DIPOEF-0209.000, entitled `Examination of Allegations Involving DoD Office of Public Affairs Outreach Program'.
    (c) Legal Opinion- Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall issue a legal opinion to Congress on whether the Department of Defense violated appropriations prohibitions on publicity or propaganda activities established in Public Laws 107-117, 107-248, 108-87, 108-287, 109-148, 109-289, and 110-116, the Department of Defense Appropriations Acts for fiscal years 2002 through 2008, respectively, by offering special access to prominent persons in the private sector who serve as media analysts, including briefings and information on war efforts, meetings with high level government officials, and trips to Iraq and Guantanamo Bay, Cuba.
    (d) Rule of Construction Related to Intelligence Activities- Nothing in this section shall be construed to apply to any lawful and authorized intelligence activity of the United States Government.

#### SEC. 1057. SENSE OF CONGRESS ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL.

It is the sense of Congress that--
       (1) the interrogation of enemy prisoners of war, civilian internees, retained persons, other detainees, terrorists, and criminals when captured, transferred, confined, or detained during or in the aftermath of hostilities is an inherently governmental function and cannot appropriately be transferred to private sector contractors;
       (2) not later than one year after the date of the enactment of this Act, the Secretary of Defense should develop the resources needed to ensure that interrogations described in paragraph (1) can be conducted by government personnel and not by private sector contractors; and
       (3) properly trained and cleared contractors may appropriately be used as linguists, interpreters, report writers, information technology technicians, and other employees filling ancillary positions, if the private sector contractors are subject to the same rules, procedures, policies, and laws pertaining to detainee operations and interrogations that govern the execution of these positions by government personnel.

#### SEC. 1058. SENSE OF CONGRESS WITH RESPECT TO VIDEOTAPING OR OTHERWISE ELECTRONICALLY RECORDING STRATEGIC INTELLIGENCE INTERROGATIONS OF PERSONS IN THE CUSTODY OF OR UNDER THE EFFECTIVE CONTROL OF THE DEPARTMENT OF DEFENSE.

    (a) In General- It is the sense of Congress that the Secretary of Defense should take such actions as are necessary to ensure that each strategic intelligence interrogation of any person who is in the custody or under the effective control of the Department of Defense or under detention in a Department of Defense facility is videotaped or otherwise electronically recorded.
    (b) Strategic Intelligence Interrogation Defined- For purposes of this section, the term `strategic intelligence interrogation' means an interrogation of a person described in subsection (a) conducted at a theater-level detention facility.

#### SEC. 1059. MODIFICATION OF DEADLINES FOR STANDARDS REQUIRED FOR ENTRY TO MILITARY INSTALLATIONS IN THE UNITED STATES.

Section 1069(c) of the National Defense Authorization Act of Fiscal Year 2008 (Public Law 110-181; 122 Stat. 327) is amended--
       (1) in paragraph (1)--
          (A) by striking `July 1, 2008' and inserting `February 1, 2009'; and
          (B) by striking `January 1, 2009' and inserting `October 1, 2010'; and
       (2) in paragraph (2), by striking `implemented' and inserting `developed'.

#### SEC. 1060. EXTENSION OF CERTAIN DATES FOR CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE UNITED STATES.

    (a) Extension of Dates- Section 1062 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) is amended--
       (1) in subsection (e), by striking `December 1, 2008' and inserting `April 1, 2009'; and
       (2) in subsection (g), by striking `June 1, 2009' and inserting `September 30, 2009'.
    (b) Interim Report- Not later than December 1, 2008, the Congressional Commission on the Strategic Posture of the United States shall submit to the President, the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives an interim report on the commission's initial findings, conclusions, and recommendations. To the extent practicable, the interim report shall address the matters required to be included in the report under subsection (e) of such section 1062.

#### SEC. 1061. TECHNICAL AND CLERICAL AMENDMENTS.

    (a) Title 10, United States Code- Title 10, United States Code, is amended as follows:
       (1) The table of sections at the beginning of chapter 2 is amended by inserting after the item relating to 118a the following new item:
          `118b. Quadrennial roles and missions review.'.
       (2) The table of sections at the beginning of chapter 5 is amended in the item relating to section 156 by inserting a period at the end.
       (3) The table of sections at the beginning of chapter 7 is amended in the item relating to section 183 by inserting a period at the end.
       (4) Section 1477(e) is amended by inserting a period at the end.
       (5) Section 2192a is amended--
          (A) in subsection (e)(4), by striking `title 11, United States Code,' and inserting `title 11'; and
          (B) in subsection (f), by striking `title 10, United States Code' and inserting `this title'.
       (6) The table of chapters at the beginning of subtitle C, and the table of chapters at the beginning of part IV of such subtitle, are each amended by striking the item relating to chapter 667 and inserting the following new item:
          7911'.
    (b) National Defense Authorization Act for Fiscal Year 2008- Effective as of January 28, 2008, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) is amended as follows:
       (1) Section 371(c) (122 Stat. 80) is amended by striking `operational strategies' and inserting `operational systems'.
       (2) Section 585(b)(3)(C) (122 Stat. 132) is amended by inserting `both places it appears' before the period at the end.
       (3) Section 703(b) (122 Stat. 103) is amended by striking `as amended by' and inserting `as inserted by'.
       (4) Section 805(a) (122 Stat. 212) is amended by striking `Act ,' and inserting `Act,'.
       (5) Section 883(b) (122 Stat. 264) is amended by striking `Section 832(c)(1) of such Act, as redesignated by subsection (a), is amend by' and inserting `Section 832(b)(1) of such Act is amended by'.
       (6) Section 890(d)(2) (122 Stat. 270) is amended by striking `sections' and inserting `parts'.
       (7) Section 904(a)(4) (122 Stat. 274) is amended by striking `131(b)(2)' and inserting `131(b)'.
       (8) Section 954(a)(3)(B) (122 Stat. 294) is amended by inserting `, as redesignated by section 524(a)(1)(A),' after `of such title'.
       (9) Section 954(b)(2) (122 Stat. 294) is amended--
          (A) by striking `2114(e) of such title' and inserting `2114(f) of such title, as redesignated by section 524(a)(1)(A),'; and
          (B) by striking the period at the end and inserting `and inserting `President'.'.
       (10) Section 1063(d)(1) (122 Stat. 323) is amended by striking `a semicolon after `subsection' and inserting `a comma after `subsection'.
       (11) Section 1229(i)(3) (122 Stat. 383) is amended by striking `publically' and inserting `publicly'.
       (12) Section 1422(e)(2) (122 Stat. 422) is amended by striking `subsection (c)' and inserting `subsection (c)(1)'.
       (13) Section 1602(4) (122 Stat. 432) is amended by striking `section 411 h(b)' and inserting `section 411h(b)(1)'.
       (14) Section 1617(b) (122 Stat. 449) is amended by striking `by adding at the end' and inserting `by inserting after the item relating to section 1074k'.
       (15) Section 2106 (122 Stat. 508) is amended by striking `for 2007' both places it appears and inserting `for Fiscal Year 2007'.
       (16) Section 2826(a)(2)(A) (122 Stat. 546) is amended by striking `Secretary of the Army' and inserting `Secretary of Army'.
    (c) Title 31, United States Code- Title 31, United States Code, is amended as follows:
       (1) Chapter 35 is amended by striking the first section 3557.
       (2) The second section 3557 is amended in the section heading by striking `Public-Private' and inserting `public-private'.
       (3) The table of sections at the beginning of chapter 35 is amended by striking the second item relating to section 3557.
    (d) Title 28, United States Code- Section 1491(b) of title 28, United States Code, is amended by striking the first paragraph (5).
       (e) Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005- Section 721(e) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1988; 10 U.S.C. 1092 note) is amended by striking `fiscal years 2005' and all that follows through `2010' and inserting `fiscal years 2005 through 2010'.

#### SEC. 1062. NOTIFICATION OF COMMITTEES ON ARMED SERVICES WITH RESPECT TO CERTAIN NONPROLIFERATION AND PROLIFERATION ACTIVITIES.

    (a) Notification With Respect to Nonproliferation Activities- The Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, the Secretary of State, and the Nuclear Regulatory Commission shall keep the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives informed with respect to--
       (1) any activities undertaken by any such Secretary or the Commission to carry out the purposes and policies of the Secretaries and the Commission with respect to nonproliferation programs; and
       (2) any other activities undertaken by any such Secretary or the Commission to prevent the proliferation of nuclear, chemical, or biological weapons or the means of delivery of such weapons.
    (b) Notification With Respect to Proliferation Activities in Foreign Nations-
       (1) IN GENERAL- The Director of National Intelligence shall keep the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives fully and currently informed with respect to any activities of foreign nations that are significant with respect to the proliferation of nuclear, chemical, or biological weapons or the means of delivery of such weapons.
       (2) FULLY AND CURRENTLY INFORMED DEFINED- For purposes of paragraph (1), the term `fully and currently informed' means the transmittal of credible information with respect to an activity described in such paragraph not later than 60 days after becoming aware of the activity.

#### SEC. 1063. ASSESSMENT OF SECURITY MEASURES AT CONSOLIDATED CENTER FOR NORTH AMERICAN AEROSPACE DEFENSE COMMAND AND UNITED STATES NORTHERN COMMAND.

    (a) Assessment Required- The Secretary of Defense shall conduct an assessment of the adequacy of security measures for the consolidated command center for North American Aerospace Defense Command and United States Northern Command at Peterson Air Force Base, Colorado.
    (b) Elements- The assessment required in paragraph (a) shall include the following:
       (1) A description of the security measures taken and planned for the consolidated command center as of October 1, 2008.
       (2) An assessment of whether existing and planned security measures for the consolidated command center are adequate to provide the necessary level of protection.
       (3) An estimate of the total costs associated with such security measures adequate to provide the necessary level of protection.
    (c) Report Required- Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the assessment required in subsection (a).
    (d) Additional Requirement- The Secretary of Defense shall ensure that redundant facilities and equipment, along with the appropriate manning necessary to ensure the continuity of operations, are maintained at Cheyenne Mountain Air Force Station until the Secretary certifies that security measures have been instituted that bring the consolidated command center for North American Aerospace Defense Command and United States Northern Command into full compliance with Protection Level One requirements, as defined by Air Force Instruction 31-101, dated March 1, 2007.