`[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5658 Reported in House (RH)]






                                                 Union Calendar No. 413
110th CONGRESS
  2d Session
                                H. R. 5658

                          [Report No. 110-652]

     To authorize appropriations for fiscal year 2009 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal year 2009, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 31, 2008

 Mr. Skelton (for himself and Mr. Hunter) (both by request) introduced 
   the following bill; which was referred to the Committee on Armed 
                                Services

                              May 16, 2008

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               31, 2008]

_______________________________________________________________________

                                 A BILL


 
     To authorize appropriations for fiscal year 2009 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal year 2009, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009''.

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

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

Sec. 1.  Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Sec. 106. Rapid Acquisition Fund.

                       Subtitle B--Army Programs

Sec. 111. Separate procurement line items for Future Combat Systems 
                            program.
Sec. 112. Restriction on contract awards for major elements of the 
                            Future Combat Systems program.
Sec. 113. Restriction on obligation of funds for Army tactical radio 
                            pending report.
Sec. 114. Restriction on obligation of procurement funds for Armed 
                            Reconnaissance Helicopter program pending 
                            certification.

                       Subtitle C--Navy Programs

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

                     Subtitle D--Air Force Programs

Sec. 131. Limitation on retiring C-5 aircraft.
Sec. 132. Maintenance of retired KC-135E aircraft.
Sec. 133. Repeal of multi-year contract authority for procurement of 
                            tanker aircraft.
Sec. 134. Report on processes used for requirements development for KC-
                            (X).

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Body armor acquisition strategy.
Sec. 142. Small arms acquisition strategy and requirements review.
Sec. 143. Requirement for common ground stations and payloads for 
                            manned and unmanned aerial vehicles.

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

              Subtitle A--Authorization of Appropriations

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Additional determinations to be made as part of Future Combat 
                            Systems milestone review.
Sec. 212. Analysis of Future Combat Systems communications network and 
                            software.
Sec. 213. Future Combat Systems manned ground vehicle selected 
                            acquisition reports.
Sec. 214. Separate procurement and research, development, test, and 
                            evaluation line items and program elements 
                            for Sky Warrior Unmanned Aerial Systems 
                            project.
Sec. 215. Restriction on obligation of funds for the Warfighter 
                            Information Network--Tactical program.
Sec. 216. Limitation on source of funds for certain Joint Cargo 
                            Aircraft expenditures.

                  Subtitle C--Missile Defense Programs

Sec. 221. Independent study of boost phase missile defense.
Sec. 222. Limitation on availability of funds for procurement, 
                            construction, and deployment of missile 
                            defenses in Europe.

                       Subtitle D--Other Matters

Sec. 231. Oversight of testing of personnel protective equipment by 
                            Director, Operational Test and Evaluation.
Sec. 232. Assessment of the Historically Black Colleges and 
                            Universities and Minority Serving 
                            Institutions Program.
Sec. 233. Technology-neutral information technology guidelines and 
                            standards to support fully interoperable 
                            electronic personal health information for 
                            the Department of Defense and Department of 
                            Veterans Affairs.
Sec. 234. Repeal of requirement for Technology Transition Initiative.
Sec. 235. Trusted defense systems.
Sec. 236. Limitation on obligation of funds for Enhanced AN/TPQ-36 
                            radar system pending submission of report.
Sec. 237. Capabilities-based assessment to outline a joint approach for 
                            future development of vertical lift 
                            aircraft and rotorcraft.
Sec. 238. Availability of funds for prompt global strike capability 
                            development.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

Sec. 311. Authorization for Department of Defense participation in 
                            conservation banking programs.
Sec. 312. Reimbursement of Environmental Protection Agency for certain 
                            costs in connection with Moses Lake 
                            Wellfield Superfund Site, Moses Lake, 
                            Washington.
Sec. 313. Expand cooperative agreement authority for management of 
                            natural resources to include off-
                            installation mitigation.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Time limitation on duration of public-private competitions.
Sec. 322. Comprehensive analysis and development of single Government-
                            wide definition of inherently governmental 
                            function.
Sec. 323. Study on future depot capability.
Sec. 324. High-performing organization business process reengineering.
Sec. 325. Temporary suspension of studies and public-private 
                            competitions regarding conversion of 
                            functions of the Department of Defense 
                            performed by civilian employees to 
                            contractor performance.
Sec. 326. Consolidation of Air Force and Air National Guard aircraft 
                            maintenance.
Sec. 327. Guidance for performance of civilian personnel work under Air 
                            Force civilian personnel consolidation 
                            plan.
Sec. 328. Report on reduction in number of firefighters on Air Force 
                            bases.

                      Subtitle D--Energy Security

Sec. 331. Annual report on operational energy management and 
                            implementation of operational energy 
                            strategy.
Sec. 332. Consideration of fuel logistics support requirements in 
                            planning, requirements development, and 
                            acquisition processes.
Sec. 333. Study on solar energy for use at forward operating locations.
Sec. 334. Study on coal-to-liquid fuels.

                          Subtitle E--Reports

Sec. 341. Comptroller General report on readiness of Armed Forces.
Sec. 342. Report on plan to enhance combat skills of Navy and Air Force 
                            personnel.
Sec. 343. Comptroller General report on the use of the Army Reserve and 
                            National Guard as an operational reserve.
Sec. 344. Comptroller General report on link between preparation and 
                            use of Army reserve component forces to 
                            support ongoing operations.
Sec. 345. Comptroller General report on adequacy of funding, staffing, 
                            and organization of Department of Defense 
                            Military Munitions Response Program.
Sec. 346. Report on options for providing repair capabilities to 
                            support ships operating near Guam.

                       Subtitle F--Other Matters

Sec. 351. Extension of Enterprise Transition Plan reporting 
                            requirement.
Sec. 352. Demilitarization of loaned, given, or exchanged documents, 
                            historical artifacts, and condemned or 
                            obsolete combat materiel.
Sec. 353. Repeal of requirement that Secretary of Air Force provide 
                            training and support to other military 
                            departments for A-10 aircraft.
Sec. 354. Display of annual budget requirements for Air Sovereignty 
                            Alert Mission.
Sec. 355. Sense of Congress that Air Sovereignty Alert Mission should 
                            receive sufficient funding and resources.
Sec. 356. Revision of certain Air Force regulations required.
Sec. 357. Transfer of C-12 aircraft to California Department of 
                            Forestry and Fire Protection.
Sec. 358. Availability of funds for Irregular Warfare Support program.
Sec. 359. Sense of Congress regarding procurement and use of munitions.
Sec. 360. Limitation on obligation of funds for Air Combat Command 
                            Management Headquarters.
Sec. 361. Increase of domestic sourcing of military working dogs used 
                            by the Department of Defense.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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

              Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

Sec. 501. Mandatory separation requirements for regular warrant 
                            officers for length of service.
Sec. 502. Requirements for issuance of posthumous commissions and 
                            warrants.
Sec. 503. Extension of authority to reduce minimum length of active 
                            service required for voluntary retirement 
                            as an officer.
Sec. 504. Increase in authorized number of general officers on active 
                            duty in the Marine Corps.

                Subtitle B--Reserve Component Management

Sec. 511. Extension to all military departments of authority to defer 
                            mandatory separation of military 
                            technicians (dual status).
Sec. 512. Increase in authorized strengths for Marine Corps Reserve 
                            officers on active duty in the grades of 
                            major and lieutenant colonel to meet force 
                            structure requirements.
Sec. 513. Clarification of authority to consider for a vacancy 
                            promotion National Guard officers ordered 
                            to active duty in support of a contingency 
                            operation.
Sec. 514. Increase in mandatory retirement age for certain Reserve 
                            officers.
Sec. 515. Age limit for retention of certain Reserve officers on 
                            active-status list as exception to removal 
                            for years of commissioned service.
Sec. 516. Authority to retain Reserve chaplains and officers in medical 
                            and related specialties until age 68.
Sec. 517. Study and report regarding personnel movements in Marine 
                            Corps Individual Ready Reserve.

         Subtitle C--Joint Qualified Officers and Requirements

Sec. 521. Joint duty requirements for promotion to general or flag 
                            officer.
Sec. 522. Technical, conforming, and clerical changes to joint 
                            specialty terminology.
Sec. 523. Promotion policy objectives for Joint Qualified Officers.
Sec. 524. Length of joint duty assignments.
Sec. 525. Designation of general and flag officer positions on Joint 
                            Staff as positions to be held only by 
                            reserve component officers.
Sec. 526. Treatment of certain service as joint duty experience.

                Subtitle D--General Service Authorities

Sec. 531. Increase in authorized maximum reenlistment term.
Sec. 532. Career intermission pilot program.

                   Subtitle E--Education and Training

Sec. 541. Repeal of prohibition on phased increase in midshipmen and 
                            cadet strength limit at United States Naval 
                            Academy and Air Force Academy.
Sec. 542. Promotion of foreign and cultural exchange activities at 
                            military service academies.
Sec. 543. Compensation for civilian President of Naval Postgraduate 
                            School.
Sec. 544. Increased authority to enroll defense industry employees in 
                            defense product development program.
Sec. 545. Requirement of completion of service under honorable 
                            conditions for purposes of entitlement to 
                            educational assistance for reserve 
                            components members supporting contingency 
                            operations.
Sec. 546. Consistent education loan repayment authority for health 
                            professionals in regular components and 
                            Selected Reserve.
Sec. 547. Increase in number of units of Junior Reserve Officers' 
                            Training Corps.

                      Subtitle F--Military Justice

Sec. 551. Grade of Staff Judge Advocate to the Commandant of the Marine 
                            Corps.
Sec. 552. Standing military protection order.
Sec. 553. Mandatory notification of issuance of military protective 
                            order to civilian law enforcement.
Sec. 554. Implementation of information database on sexual assault 
                            incidents in the Armed Forces.

        Subtitle G--Decorations, Awards, and Honorary Promotions

Sec. 561. Replacement of military decorations.
Sec. 562. Authorization and request for award of Medal of Honor to 
                            Richard L. Etchberger for acts of valor 
                            during the Vietnam War.
Sec. 563. Advancement of Brigadier General Charles E. Yeager, United 
                            States Air Force (retired), on the retired 
                            list.
Sec. 564. Advancement of Rear Admiral Wayne E. Meyer, United States 
                            Navy (retired), on the retired list.
Sec. 565. Award of Vietnam Service Medal to veterans who participated 
                            in Mayaguez rescue operation.

                         Subtitle H--Impact Aid

Sec. 571. Continuation of authority to assist local educational 
                            agencies that benefit dependents of members 
                            of the Armed Forces and Department of 
                            Defense civilian employees.
Sec. 572. Calculation of payments under Department of Education's 
                            Impact Aid program.

                     Subtitle I--Military Families

Sec. 581. Presentation of burial flag.
Sec. 582. Education and training opportunities for military spouses.

                       Subtitle J--Other Matters

Sec. 591. Inclusion of Reserves in providing Federal aid for State 
                            governments, enforcing Federal authority, 
                            and responding to major public emergencies.
Sec. 592. Interest payments on certain claims arising from correction 
                            of military records.
Sec. 593. Extension of limitation on reductions of personnel of 
                            agencies responsible for review and 
                            correction of military records.
Sec. 594. Authority to order Reserve units to active duty to provide 
                            assistance in response to a major disaster 
                            or emergency.
Sec. 595. Senior Military Leadership Diversity Commission.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2009 increase in military basic pay.
Sec. 602. Permanent prohibition on charges for meals received at 
                            military treatment facilities by members 
                            receiving continuous care.
Sec. 603. Equitable treatment of senior enlisted members in computation 
                            of basic allowance for housing.
Sec. 604. Increase in maximum authorized payment or reimbursement 
                            amount for temporary lodging expenses.
Sec. 605. Availability of portion of a second family separation 
                            allowance for married couples with 
                            dependents.
Sec. 606. Stabilization of pay and allowances for senior enlisted 
                            members and warrant officers appointed as 
                            officers and officers reappointed in a 
                            lower grade.
Sec. 607. Extension of authority for income replacement payments for 
                            reserve component members experiencing 
                            extended and frequent mobilization for 
                            active duty service.
Sec. 608. Guaranteed pay increase for members of the Armed Forces of 
                            one-half of one percentage point higher 
                            than Employment Cost Index.

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Increased weight allowance for transportation of baggage and 
                            household effects for certain enlisted 
                            members.
Sec. 632. Additional weight allowance for transportation of materials 
                            associated with employment of a member's 
                            spouse or community support volunteer or 
                            charity activities.
Sec. 633. Transportation of family pets during evacuation of 
                            nonessential personnel.

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Equity in computation of disability retired pay for reserve 
                            component members wounded in action.
Sec. 642. Effect of termination of subsequent marriage on payment of 
                            Survivor Benefit Plan annuity to surviving 
                            spouse or former spouse who previously 
                            transferred annuity to dependent children.
Sec. 643. Extension to survivors of certain members who die on active 
                            duty of special survivor indemnity 
                            allowance for persons affected by required 
                            Survivor Benefit Plan annuity offset for 
                            dependency and indemnity compensation.
Sec. 644. Election to receive retired pay for non-regular service upon 
                            retirement for service in an active reserve 
                            status performed after attaining 
                            eligibility for regular retirement.
Sec. 645. Recomputation of retired pay and adjustment of retired grade 
                            of Reserve retirees to reflect service 
                            after retirement.
Sec. 646. Correction of unintended reduction in survivor benefit plan 
                            annuities due to phased elimination of two-
                            tier annuity computation and supplemental 
                            annuity.
Sec. 647. Presumption of death for participants in Survivor Benefit 
                            Plan in missing status.

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

Sec. 651. Use of commissary stores surcharges derived from temporary 
                            commissary initiatives for reserve 
                            components and retired members.
Sec. 652. Requirements for private operation of commissary store 
                            functions.
Sec. 653. Additional exception to limitation on use of appropriated 
                            funds for Department of Defense golf 
                            courses.
Sec. 654. Enhanced enforcement of prohibition on sale or rental of 
                            sexually explicit material on military 
                            installations.
Sec. 655. Requirement to buy military decorations, ribbons, badges, 
                            medals, insignia, and other uniform 
                            accouterments produced in the United 
                            States.
Sec. 656. Use of appropriated funds  to pay post allowances or overseas 
                            cost of living allowances to 
                            nonappropriated fund instrumentality 
                            employees serving overseas.
Sec. 657. Study regarding sale of alcoholic wine and beer in commissary 
                            stores in addition to exchange stores.

                       Subtitle F--Other Matters

Sec. 661. Bonus to encourage Army personnel and other persons to refer 
                            persons for enlistment in the Army.
Sec. 662. Continuation of entitlement to bonuses and similar benefits 
                            for members of the uniformed services who 
                            die, are separated or retired for 
                            disability, or meet other criteria.
Sec. 663. Providing injured members of the Armed Forces information 
                            concerning benefits.

                   TITLE VII--HEALTH CARE PROVISIONS

              Subtitle A--Improvements to Health Benefits

Sec. 701. One-year extension of prohibition on increases in certain 
                            health care costs for members of the 
                            uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail 
                            pharmacy system of pharmacy benefits 
                            program.
Sec. 703. Prohibition on conversion of military medical and dental 
                            positions to civilian medical and dental 
                            positions.
Sec. 704. Chiropractic health care for members on active duty.
Sec. 705. Requirement to recalculate TRICARE Reserve Select premiums 
                            based on actual cost data.
Sec. 706. Program for health care delivery at military installations 
                            projected to grow.
Sec. 707. Guidelines for combined Federal medical facilities.

                      Subtitle B--Preventive Care

Sec. 711. Waiver of copayments for preventive services for certain 
                            TRICARE beneficiaries.
Sec. 712. Military health risk management demonstration project.
Sec. 713. Smoking cessation program under TRICARE.
Sec. 714. Availability of allowance to assist members of the Armed 
                            Forces and their dependents procure 
                            preventive health care services.

                  Subtitle C--Wounded Warrior Matters

Sec. 721. Center of excellence in prevention, diagnosis, mitigation, 
                            treatment, and rehabilitation of hearing 
                            loss and auditory system injuries.
Sec. 722.  Clarification to center of excellence relating to military 
                            eye injuries.
Sec. 723. National Casualty Care Research Center.
Sec. 724. Peer-reviewed research program on extremity war injuries.
Sec. 725. Review of policies and processes related to the delivery of 
                            mail to wounded members of the Armed 
                            Forces.

                       Subtitle D--Other Matters

Sec. 731. Report on stipend for members of reserve components for 
                            health care for certain dependents.
Sec. 732. Report on providing the Extended Care Health Option Program 
                            to autistic dependents of military 
                            retirees.
Sec. 733. Sense of Congress regarding autism therapy services.

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

             Subtitle A--Acquisition Policy and Management

Sec. 801. Review of impact of illegal subsidies on acquisition of KC-45 
                            aircraft.
Sec. 802. Assessment of urgent operational needs fulfillment.
Sec. 803. Preservation of tooling for major defense acquisition 
                            programs.
Sec. 804. Prohibition on procurement from beneficiaries of foreign 
                            subsidies.
Sec. 805. Domestic industrial base considerations during source 
                            selection.
Sec. 806. Commercial software reuse preference.
Sec. 807. Comprehensive proposal analysis required during source 
                            selection.

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

Sec. 811. Acquisition workforce expedited hiring authority.
Sec. 812. Definition of system for Defense Acquisition Challenge 
                            Program.
Sec. 813. Career path and other requirements for military personnel in 
                            the acquisition field.
Sec. 814. Technical data rights for non-FAR agreements.
Sec. 815. Clarification that cost accounting standards apply to Federal 
                            contracts performed outside the United 
                            States.

  Subtitle C--Provisions Relating to Inherently Governmental Functions

Sec. 821. Policy on personal conflicts of interest by employees of 
                            Department of Defense contractors.
Sec. 822. Development of guidance on personal services contracts.
Sec. 823. Limitation on performance of product support integrator 
                            functions.

                Subtitle D--Defense Industrial Security

Sec. 831. Requirements relating to facility clearances.
Sec. 832. Foreign ownership control or influence.
Sec. 833. Congressional oversight relating to facility clearances and 
                            foreign ownership control or influence; 
                            definitions.

                       Subtitle E--Other Matters

Sec. 841. Clarification of status of Government rights in the designs 
                            of department of defense vessels, boats, 
                            and craft, and components thereof.
Sec. 842. Expansion of authority to retain fees from licensing of 
                            intellectual property.
Sec. 843. Transfer of sections of title 10 relating to Milestone A and 
                            Milestone B for clarity.
Sec. 844. Earned value management study and report.
Sec. 845. Report on market research.
Sec. 846. System development and demonstration benchmark report.
Sec. 847. Additional matters required to be reported by contractors 
                            performing security functions in areas of 
                            combat operations.
Sec. 848. Report relating to munitions.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Revisions in functions and activities of special operations 
                            command.
Sec. 902. Requirement to designate officials for irregular warfare.
Sec. 903. Plan required for personnel management of special operations 
                            forces.
Sec. 904. Director of Operational Energy Plans and Programs.
Sec. 905. Corrosion control and prevention executives for the military 
                            departments.
Sec. 906. Alignment of Deputy Chief Management Officer 
                            responsibilities.
Sec. 907. Requirement for the Secretary of Defense to prepare a 
                            strategic plan to enhance the role of the 
                            National Guard and Reserves.
Sec. 908. Redesignation of the Department of the Navy as the Department 
                            of the Navy and Marine Corps.
Sec. 909. Support to Committee review.

                      Subtitle B--Space Activities

Sec. 911. Extension of authority for pilot program for provision of 
                            space surveillance network services to non-
                            United States Government entities.
Sec. 912. Investment and acquisition strategy for commercial satellite 
                            capabilities.

             Subtitle C--Chemical Demilitarization Program

Sec. 921. Chemical Demilitarization Citizens Advisory Commissions in 
                            Colorado and Kentucky.
Sec. 922. Prohibition on transport of hydrolysate at Pueblo Chemical 
                            Depot, Colorado.

                Subtitle D--Intelligence-Related Matters

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

                       Subtitle E--Other Matters

Sec. 941. Department of Defense School of Nursing revisions.
Sec. 942. Amendments of authority for regional centers for security 
                            studies.
Sec. 943. Findings and Sense of Congress regarding the Western 
                            Hemisphere Institute for Security 
                            Cooperation.
Sec. 944. Restriction on obligation of funds for United States Southern 
                            Command development assistance activities.
Sec. 945. Authorization of non-conventional assisted recovery 
                            capabilities.
Sec. 946. Report on United States Northern Command development of 
                            interagency plans and command and control 
                            relationships.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Requirement for separate display of budget for Afghanistan.
Sec. 1003. Requirement for separate display of budget for Iraq.
Sec. 1004. One-time shift of military retirement payments.

          Subtitle B--Policy Relating to Vessels and Shipyards

Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas.
Sec. 1012. Report on repair of naval vessel in foreign shipyards.
Sec. 1013. Policy relating to major combatant vessels of the strike 
                            forces of the United States Navy.
Sec. 1014. National Defense Sealift Fund amendments.
Sec. 1015. Report on contributions to the domestic supply of steel and 
                            other metals from scrapping of certain 
                            vessels.

                  Subtitle C--Counter-Drug Activities

Sec. 1021. Continuation of reporting requirement regarding Department 
                            of Defense expenditures to support foreign 
                            counter-drug activities.
Sec. 1022. Extension of authority for joint task forces to provide 
                            support to law enforcement agencies 
                            conducting counter-terrorism activities.
Sec. 1023. Extension of authority to support unified counter-drug and 
                            counterterrorism campaign in Colombia and 
                            continuation of numerical limitation on 
                            assignment of United States personnel.
Sec. 1024. Expansion and extension of authority to provide additional 
                            support for counter-drug activities of 
                            certain foreign governments.
Sec. 1025. Comprehensive Department of Defense strategy for counter-
                            narcotics efforts for West Africa and the 
                            Maghreb.
Sec. 1026. Comprehensive Department of Defense strategy for counter-
                            narcotics efforts in South and Central 
                            Asian regions.

                   Subtitle D--Boards and Commissions

Sec. 1031. Strategic Communication Management Board.
Sec. 1032. Extension of certain dates for Congressional Commission on 
                            the Strategic Posture of the United States.
Sec. 1033. Extension of Commission to Assess the Threat to the United 
                            States from Electromagnetic Pulse (EMP) 
                            Attack.

                    Subtitle E--Studies and Reports

Sec. 1041. Report on corrosion control and prevention.
Sec. 1042. Study on using Modular Airborne Fire Fighting Systems 
                            (MAFFS) in a Federal response to wildfires.
Sec. 1043. Study on rotorcraft survivability.
Sec. 1044. Studies to analyze alternative models for acquisition and 
                            funding of inter-connected cyberspace 
                            systems.
Sec. 1045. Report on nonstrategic nuclear weapons.
Sec. 1046. Study on national defense implications of section 1083.
Sec. 1047. Report on methods Department of Defense utilizes to ensure 
                            compliance with Guam tax and licensing 
                            laws.

                 Subtitle F--Congressional Recognitions

Sec. 1051. Sense of Congress honoring the Honorable Duncan Hunter.
Sec. 1052. Sense of Congress in honor of the Honorable Jim Saxton, a 
                            Member of the House of Representatives.
Sec. 1053. Sense of Congress honoring the Honorable Terry Everett.
Sec. 1054. Sense of Congress honoring the Honorable Jo Ann Davis.

                       Subtitle G--Other Matters

Sec. 1061. Amendment to annual submission of information regarding 
                            information technology capital assets.
Sec. 1062. Restriction on Department of Defense relocation of missions 
                            or functions from Cheyenne Mountain Air 
                            Force Station.
Sec. 1063. Technical and clerical amendments.
Sec. 1064. Submission to Congress of revision to regulation on enemy 
                            prisoners of war, retained personnel, 
                            civilian internees, and other detainees.
Sec. 1065. Authorization of appropriations for payments to Portuguese 
                            nationals employed by the Department of 
                            Defense.
Sec. 1066. State Defense Force Improvement.
Sec. 1067. Barnegat Inlet to Little Egg Inlet, New Jersey.
Sec. 1068. Sense of Congress regarding the roles and missions of the 
                            Department of Defense and other national 
                            security institutions.
Sec. 1069. Sense of Congress relating to 2008 supplemental 
                            appropriations.
Sec. 1070. Sense of Congress regarding defense requirements of the 
                            United States.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Temporary authority to waive limitation on premium pay for 
                            Federal employees.
Sec. 1102. Extension of authority to make lump-sum severance payments.
Sec. 1103. Extension of voluntary reduction-in-force authority of 
                            Department of Defense.
Sec. 1104. Technical amendment to definition of professional accounting 
                            position.
Sec. 1105. Expedited hiring authority for health care professionals.
Sec. 1106. Authority to adjust certain limitations on personnel and 
                            reports on such adjustments.
Sec. 1107. Temporary discretionary authority to grant allowances, 
                            benefits, and gratuities to personnel on 
                            official duty in a combat zone.
Sec. 1108. Requirement relating to furloughs during the time of a 
                            contingency operation.
Sec. 1109. Direct hire authority for certain positions at personnel 
                            demonstration laboratories.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

Sec. 1201. Extension of authority to build the capacity of the Pakistan 
                            Frontier Corps.
Sec. 1202. Military-to-military contacts and comparable activities.
Sec. 1203. Enhanced authority to pay incremental expenses for 
                            participation of developing countries in 
                            combined exercises.
Sec. 1204. Extension of temporary authority to use acquisition and 
                            cross-servicing agreements to lend military 
                            equipment for personnel protection and 
                            survivability.
Sec. 1205. One-year extension of authority for distribution to certain 
                            foreign personnel of education and training 
                            materials and information technology to 
                            enhance military interoperability.
Sec. 1206. Modification and extension of authorities relating to 
                            program to build the capacity of foreign 
                            military forces.
Sec. 1207. Extension of authority for security and stabilization 
                            assistance.
Sec. 1208. Authority for support of special operations to combat 
                            terrorism.
Sec. 1209. Regional Defense Combating Terrorism Fellowship Program.

          Subtitle B--Matters Relating to Iraq and Afghanistan

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

                       Subtitle C--Other Matters

Sec. 1221. Payment of personnel expenses for multilateral cooperation 
                            programs.
Sec. 1222. Extension of Department of Defense authority to participate 
                            in multinational military centers of 
                            excellence.
Sec. 1223. Study of limitation on classified contracts with foreign 
                            companies engaged in space business with 
                            China.
Sec. 1224. Sense of Congress and congressional briefings on readiness 
                            of the Armed Forces and report on nuclear 
                            weapons capabilities of Iran.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

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

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

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

                 Subtitle B--National Defense Stockpile

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

                Subtitle C--Armed Forces Retirement Home

Sec. 1421. Armed Forces Retirement Home.

          Subtitle D--Inapplicability of Executive Order 13457

Sec. 1431. Inapplicability of Executive Order 13457.

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

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Defense-wide activities procurement.
Sec. 1506. Rapid acquisition fund.
Sec. 1507. Joint Improvised Explosive Device Defeat Fund.
Sec. 1508. Limitation on obligation of funds for the Joint Improvised 
                            Explosive Devices Defeat Organization 
                            pending notification to Congress.
Sec. 1509. Research, development, test, and evaluation.
Sec. 1510. Operation and maintenance.
Sec. 1511. Other Department of Defense programs.
Sec. 1512. Iraq Security Forces Fund.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1516. Special transfer authority.
Sec. 1517. Treatment as additional authorizations.

    TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

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

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

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

                            TITLE XXI--ARMY

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

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 
                            2005 project.
Sec. 2206. Modification of authority to carry out certain fiscal year 
                            2007 projects.
Sec. 2207. Report on impacts of surface ship homeporting alternatives.

                         TITLE XXIII--AIR FORCE

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

                      TITLE XXIV--DEFENSE AGENCIES

               Subtitle A--Defense Agency Authorizations

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

          Subtitle B--Chemical Demilitarization Authorizations

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

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

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

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

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

        Subtitle B--Amendments to Base Closure and Related Laws

Sec. 2711. Repeal of commission approach for development of 
                            recommendations in any future round of base 
                            closures and realignments.
Sec. 2712. Modification of annual base closure and realignment 
                            reporting requirements.
Sec. 2713. Technical corrections regarding authorized cost and scope of 
                            work variations for military construction 
                            and military family housing projects 
                            related to base closures and realignments.

                       Subtitle C--Other Matters

Sec. 2721. Conditions on closure of Walter Reed Army Medical Hospital 
                            and relocation of operations to National 
                            Naval Medical Center and Fort Belvoir.
Sec. 2722. Report on use of BRAC properties as sites for refineries or 
                            nuclear power plants.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Sec. 2801. Incorporation of principles of sustainable design in 
                            documents submitted as part of proposed 
                            military construction projects.
Sec. 2802. Extension of authority to use operation and maintenance 
                            funds for construction projects outside the 
                            United States.
Sec. 2803. Revision of maximum lease amount applicable to certain 
                            domestic Army family housing leases to 
                            reflect previously made annual adjustments 
                            in amount.
Sec. 2804. Use of military family housing constructed under build and 
                            lease authority to house members without 
                            dependents.
Sec. 2805. Lease of military family housing to the Secretary of Defense 
                            for use as residence.
Sec. 2806. Repeal of reporting requirement in connection with 
                            installation vulnerability assessments.
Sec. 2807. Modification of alternative authority for acquisition and 
                            improvement of military housing.
Sec. 2808. Report on capturing housing privatization best practices.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Clarification of exceptions to congressional reporting 
                            requirements for certain real property 
                            transactions.
Sec. 2812. Authority to lease non-excess property of military 
                            departments and Defense Agencies.
Sec. 2813. Modification of utility system conveyance authority.
Sec. 2814. Permanent authority to purchase municipal services for 
                            military installations in the United 
                            States.
Sec. 2815. Defense access roads.
Sec. 2816. Protecting private property rights during Department of 
                            Defense land acquisitions.

           Subtitle C--Provisions Related to Guam Realignment

Sec. 2821. Guam Defense Policy Review Initiative Account.
Sec. 2822. Sense of Congress regarding use of Special Purpose Entities 
                            for military housing related to Guam 
                            realignment.
Sec. 2823. Sense of Congress regarding Federal assistance to Guam.
Sec. 2824. Comptroller General report regarding interagency 
                            requirements related to Guam realignment.
Sec. 2825. Energy and environmental design initiatives in Guam military 
                            construction and installations.
Sec. 2826. Department of Defense Inspector General report regarding 
                            Guam realignment.
Sec. 2827. Eligibility of the Commonwealth of the Northern Mariana 
                            Islands for military base reuse studies and 
                            community planning assistance.
Sec. 2828. Prevailing wage applicable to Guam.

                      Subtitle D--Energy Security

Sec. 2841. Certification of enhanced use leases for energy-related 
                            projects.
Sec. 2842. Annual report on Department of Defense installations energy 
                            management.

                      Subtitle E--Land Conveyances

Sec. 2851. Land conveyance, former Naval Air Station, Alameda, 
                            California.
Sec. 2852. Land conveyance, Norwalk Defense Fuel Supply Point, Norwalk, 
                            California.
Sec. 2853. Land conveyance, former Naval Station, Treasure Island, 
                            California.
Sec. 2854. Condition on lease involving Naval Air Station, Barbers 
                            Point, Hawaii.
Sec. 2855. Land conveyance, Sergeant First Class M.L. Downs Army 
                            Reserve Center, Springfield, Ohio.
Sec. 2856. Land conveyance, John Sevier Range, Knox County, Tennessee.
Sec. 2857. Land conveyance, Bureau of Land Management land, Camp 
                            Williams, Utah.
Sec. 2858. Land conveyance, Army property, Camp Williams, Utah.
Sec. 2859. Extension of Potomac Heritage National Scenic Trail through 
                            Fort Belvoir, Virginia.

                       Subtitle F--Other Matters

Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to 
                            Arlington National Cemetery.
Sec. 2872. Decontamination and use of former bombardment area on island 
                            of Culebra.
Sec. 2873. Acceptance and use of gifts for construction of additional 
                            building at National Museum of the United 
                            States Air Force, Wright-Patterson Air 
                            Force Base.
Sec. 2874. Establishment of memorial to American Rangers at Fort 
                            Belvoir, Virginia.
Sec. 2875. Lease involving pier on Ford Island, Pearl Harbor Naval 
                            Base, Hawaii.
Sec. 2876. Naming of health facility, Fort Rucker, Alabama.

TITLE XXIX--ADDITIONAL WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION 
                  AUTHORIZATIONS FOR FISCAL YEAR 2008

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition 
                            projects.
Sec. 2904. Authorized Defense Agencies construction and land 
                            acquisition projects.
Sec. 2905. Termination of authority to carry out fiscal year 2008 Army 
                            projects for which funds were not 
                            appropriated.

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

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

   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Utilization of international contributions to the Russian 
                            plutonium disposition program.
Sec. 3112. Extension of deadline for Comptroller General report on 
                            Department of Energy protective force 
                            management.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                  TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2009.
Sec. 3502. Limitation on export of vessels owned by the Government of 
                            the United States for the purpose of 
                            dismantling, recycling, or scrapping.
Sec. 3503. Student incentive payment agreements.
Sec. 3504. Riding gang member requirements.
Sec. 3505. Maintenance and Repair Reimbursement Program for the 
                            Maritime Security Fleet.
Sec. 3506. Temporary program authorizing contracts with adjunct 
                            professors at the United States Merchant 
                            Marine Academy.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Sec. 106. Rapid Acquisition Fund.

                       Subtitle B--Army Programs

Sec. 111. Separate procurement line items for Future Combat Systems 
                            program.
Sec. 112. Restriction on contract awards for major elements of the 
                            Future Combat Systems program.
Sec. 113. Restriction on obligation of funds for Army tactical radio 
                            pending report.
Sec. 114. Restriction on obligation of procurement funds for Armed 
                            Reconnaissance Helicopter program pending 
                            certification.

                       Subtitle C--Navy Programs

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

                     Subtitle D--Air Force Programs

Sec. 131. Limitation on retiring C-5 aircraft.
Sec. 132. Maintenance of retired KC-135E aircraft.
Sec. 133. Repeal of multi-year contract authority for procurement of 
                            tanker aircraft.
Sec. 134. Report on processes used for requirements development for KC-
                            (X).

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Body armor acquisition strategy.
Sec. 142. Small arms acquisition strategy and requirements review.
Sec. 143. Requirement for common ground stations and payloads for 
                            manned and unmanned aerial vehicles.

              Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for procurement for the Army as follows:
            (1) For aircraft, $4,912,735,000.
            (2) For missiles, $2,201,460,000.
            (3) For weapons and tracked combat vehicles, 
        $3,539,177,000.
            (4) For ammunition, $2,294,791,000.
            (5) For other procurement, $11,201,876,000.

SEC. 102. NAVY AND MARINE CORPS.

    (a) Navy.--Funds are hereby authorized to be appropriated for 
fiscal year 2009 for procurement for the Navy as follows:
            (1) For aircraft, $14,627,274,000.
            (2) For weapons, including missiles and torpedoes, 
        $3,575,482,000.
            (3) For shipbuilding and conversion, $12,917,919,000.
            (4) For other procurement, $5,461,926,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2009 for procurement for the Marine Corps in the amount 
of $1,296,327,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2009 for procurement of ammunition 
for the Navy and the Marine Corps in the amount of $1,122,712,000.

SEC. 103. AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for procurement for the Air Force as follows:
            (1) For aircraft, $12,618,665,000.
            (2) For ammunition, $934,478,000.
            (3) For missiles, $5,536,728,000.
            (4) For other procurement, $16,134,896,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for Defense-wide procurement in the amount of $3,485,428,000.

SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

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

SEC. 106. RAPID ACQUISITION FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the Rapid Acquisition Fund in the amount of $50,000,000.

                       Subtitle B--Army Programs

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

    Effective for fiscal year 2010 and for each fiscal year thereafter, 
the Secretary of Defense shall ensure that, in each budget submission 
to the President, a separate, dedicated procurement line item is 
designated for each of the following elements of the Future Combat 
Systems (FCS) program, to the extent the budget submission includes 
funding for such elements:
            (1) FCS Manned Ground Vehicles.
            (2) FCS Unmanned Ground Vehicles.
            (3) FCS Unmanned Aerial Systems.
            (4) FCS Unattended Ground Systems.
            (5) Other FCS elements.

SEC. 112. RESTRICTION ON CONTRACT AWARDS FOR MAJOR ELEMENTS OF THE 
              FUTURE COMBAT SYSTEMS PROGRAM.

    (a) Contracting Restricted.--For fiscal year 2009 and any fiscal 
year thereafter, the Secretary of Defense and the Secretary of the Army 
may not award a contract for low-rate initial production or full-rate 
production of major elements of the Future Combat Systems program to 
any entity that is under contract to perform the role of lead systems 
integrator for the Future Combat Systems program.
    (b) Inapplicability to Non-Line of Sight Cannon.--Subsection (a) 
does not apply to contracts entered into in fiscal year 2009 or fiscal 
year 2010 for procurement of Non-Line of Sight Cannon vehicles.
    (c) Inapplicability to Equipment Procured Through Selected 
Acquisition Methods.--Subsection (a) does not apply to elements of the 
Future Combat Systems program--
            (1) acquired through the Army Rapid Equipping Force 
        program;
            (2) acquired through the Joint Improved Explosive Device 
        Defeat Organization; or
            (3) acquired specifically to address an Operational Needs 
        Statement or Joint Urgent Operational Needs Statement.
    (d) Definitions.--In this section:
            (1) The term ``major elements of the Future Combat Systems 
        program'' includes--
                    (A) Future Combat Systems Manned Ground Vehicles;
                    (B) Future Combat Systems Unmanned Ground Vehicles;
                    (C) Future Combat Systems Unmanned Aerial Vehicles;
                    (D) Future Combat Systems Non-Line of Sight Missile 
                Launchers;
                    (E) Future Combat Systems Unattended Ground 
                Sensors; and
                    (F) Future Combat Systems equipment to upgrade 
                vehicles and other equipment in the Army inventory as 
                of October 1, 2008.
            (2) The term ``lead systems integrator'' has the meaning 
        given such term in section 802(d) of the National Defense 
        Authorization Act for Fiscal Year 2008 (Public Law 110-181).

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

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

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

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

                       Subtitle C--Navy Programs

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

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

SEC. 122. APPLICABILITY OF PREVIOUS TEAMING AGREEMENTS FOR VIRGINIA-
              CLASS SUBMARINE PROGRAM.

    Section 121 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181) is amended in subsection (b)--
            (1) in paragraph (1) by striking ``and'' at the end;
            (2) in paragraph (2) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) the Secretary submits to the congressional defense 
        committees a certification that the contract will be awarded to 
        either the General Dynamics Electric Boat Division or the 
        Northrop Grumman Newport News Shipbuilding Division, with the 
        other contractor as the primary subcontractor to the contract, 
        in accordance with the Team Agreement between the two 
        companies, dated February 16, 1997, which was submitted to the 
        Congress on March 31, 1997.''.

SEC. 123. LITTORAL COMBAT SHIP (LCS) PROGRAM.

    Section 124 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3157), as amended by section 
125 of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181; 122 Stat. 29), is amended in subsection (d) by 
adding at the end the following:
            ``(3) The amounts of increases or decreases in costs 
        attributable to economic inflation after September 30, 2007. 
        However, in the case of a vessel the procurement of which is 
        funded from amounts appropriated pursuant to an authorization 
        of appropriations or otherwise made available for fiscal year 
        2008 or 2009, the amount of such an increase for such a vessel 
        may not exceed $10,000,000.
            ``(4) The amounts of increases or decreases in costs of 
        that vessel that are attributable to insertion of new 
        technology into that vessel, as compared to the technology 
        built into the first and second vessels, respectively, of the 
        Littoral Combat Ship (LCS) class of vessels. However, the 
        Secretary of the Navy may make an adjustment under this 
        paragraph only if--
                    ``(A) the Secretary of the Navy determines, and 
                certifies to the congressional defense committees, that 
                insertion of the new technology would lower the life-
                cycle cost of the vessel; or
                    ``(B) (i) the Secretary of the Navy determines, and 
                certifies to the congressional defense committees, that 
                insertion of the new technology is required to meet an 
                emerging threat; and
                    ``(ii) the Secretary of Defense certifies to those 
                committees that such threat poses grave harm to 
                national security.''.

SEC. 124. REPORT ON F/A-18 PROCUREMENT COSTS, COMPARING MULTIYEAR TO 
              ANNUAL.

    (a) In General.--Not later than March 1, 2009, the Secretary of 
Defense shall submit to the congressional defense committees a report 
on F/A-18 procurement. The report shall include the following:
            (1) The number of F/A-18E/F and EA-18G aircraft programmed 
        for procurement for fiscal years 2010 through 2015.
            (2) The estimated procurement costs for those aircraft, if 
        procured through annual procurement contracts.
            (3) The estimated procurement costs for those aircraft, if 
        procured through a multiyear procurement contract.
            (4) The estimated savings that could be derived from the 
        procurement of those aircraft through a multiyear procurement 
        contract, and whether the Secretary considers the amount of 
        those savings to be substantial.
            (5) A discussion comparing the costs and benefits of 
        obtaining those aircraft through annual procurement contracts 
        with the costs and benefits of obtaining those aircraft through 
        a multiyear procurement contract.
            (6) The recommendations of the Secretary as to whether 
        Congress should authorize a multiyear procurement contract for 
        those aircraft.
    (b) Certifications Required.--Should the Secretary recommend under 
subsection (a)(6) that Congress authorize a multiyear procurement 
contract for the aircraft, the Secretary shall accompany the 
recommendation with the certifications required by section 2306b of 
title 10, United States Code, so as to enable to award of a multiyear 
procurement contract beginning with fiscal year 2010.
    (c) Funding.--Subject to the availability of appropriations, the 
Secretary of the Navy may obligate up to $100,000,000 of the amount 
authorized for procurement of F/A-18E/F or EA-18G aircraft for cost 
reduction initiatives (CRI) in fiscal year 2009. Such CRI funding may 
be applied to either single year or multiyear procurements of F/A-18 
aircraft.

                     Subtitle D--Air Force Programs

SEC. 131. LIMITATION ON RETIRING C-5 AIRCRAFT.

    (a) Certification and Cost Analysis Required.--The Secretary of the 
Air Force may not retire C-5A aircraft from the inventory of the Air 
Force in any number that would reduce the total number of such aircraft 
in the inventory below 111 until 45 days after the Secretary of the Air 
Force submits to the congressional defense committees the following:
            (1) The Secretary's certification that retiring the 
        aircraft will not significantly increase operational risk of 
        not meeting the National Defense Strategy.
            (2) A cost analysis with respect to the aircraft to be 
        retired that--
                    (A) evaluates which alternative is more effective 
                in meeting strategic airlift mobility requirements--
                            (i) to retire the aircraft; or
                            (ii) to perform the Reliability Enhancement 
                        and Re-engining Program (RERP) on the aircraft; 
                        and
                    (B) evaluates the life-cycle cost of C-17 aircraft 
                to replace the capability of the aircraft to be 
                retired.
    (b) Additional Requirements for Cost Analysis.--The cost analysis 
required by subsection (a)(2) shall conform to the following 
requirements:
            (1) The cost analysis shall include one analysis that uses 
        ``constant year dollars'' and one analysis that uses ``then 
        year dollars''.
            (2) For each such analysis, the time period covered by the 
        analysis shall be the expected service life of the aircraft 
        concerned.
            (3) For each such analysis, the ownership costs evaluated 
        shall include costs for--
                    (A) planned technology insertions or upgrades over 
                the service life of the aircraft to meet emerging 
                requirements;
                    (B) research and development;
                    (C) testing;
                    (D) procurement;
                    (E) production;
                    (F) production termination;
                    (G) operations;
                    (H) training;
                    (I) maintenance;
                    (J) sustainment;
                    (K) military construction;
                    (L) personnel;
                    (M) cost of replacement due to attrition; and
                    (N) disposal.
            (4) The cost analysis shall include each of the following:
                    (A) An assessment of the quality of each cost 
                analysis.
                    (B) A discussion of each of the following:
                            (i) The assumptions used.
                            (ii) The benefits to be realized from each 
                        alternative.
                            (iii) Adverse impacts to be realized from 
                        each alternative.
                            (iv) Cargo capacity, operational 
                        availability, departure reliability, and 
                        mission capability.
                            (v) Aircraft basing.
                            (vi) Aircrew ratios and associated training 
                        requirements.
                            (vii) Performing RERP on only C-5B and C-5C 
                        aircraft.
                    (C) A summary table that compares and contrasts 
                each alternative with respect to each of the 
                requirements of this subsection.
    (c) Conforming Repeal.--Section 132 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 
1411) is repealed.

SEC. 132. MAINTENANCE OF RETIRED KC-135E AIRCRAFT.

    Section 135(b) of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114) is 
amended by striking ``each KC-135E aircraft that is retired'' and 
inserting ``at least 46 of the KC-135E aircraft retired''.

SEC. 133. REPEAL OF MULTI-YEAR CONTRACT AUTHORITY FOR PROCUREMENT OF 
              TANKER AIRCRAFT.

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

SEC. 134. REPORT ON PROCESSES USED FOR REQUIREMENTS DEVELOPMENT FOR KC-
              (X).

    Not later than December 1, 2008, the Secretary of the Air Force 
shall submit to the congressional defense committees a report on the 
processes used for requirements development for the KC-(X). The report 
shall include--
            (1) an examination of the processes by which KC-(X) 
        requirements were established;
            (2) a justification for the use of the KC-135R as the 
        comparative baseline for the KC-(X) competition; and
            (3) an evaluation of commercial derivative aircraft in the 
        750,000 pounds maximum gross take-off weight to 1,000,000 
        pounds maximum gross take-off weight range as a potential 
        aerial refueling platform, which shall include an examination 
        of pertinent aerial refueling capabilities such as range, 
        offload at range, and passenger/cargo capacity.

               Subtitle E--Joint and Multiservice Matters

SEC. 141. BODY ARMOR ACQUISITION STRATEGY.

    (a) Executive Agent.--The Secretary of Defense shall designate an 
executive agent for procurement of body armor and associated 
components.
    (b) Separate Procurement Line Items.--Effective for fiscal year 
2010 and for each fiscal year thereafter, the Secretary of Defense 
shall ensure that, within each procurement account budget submission to 
the President, a separate, dedicated procurement line item is 
designated for procurement of body armor and associated components.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall submit to the congressional defense 
committees a report that--
            (1) identifies the critical industrial base capacity for 
        body armor, to include all tiers of subcontractor suppliers;
            (2) contains a plan for the long-term maintenance of this 
        industrial base capacity; and
            (3) identifies specific research and development 
        objectives, priorities, and funding profiles for--
                    (A) advances in the level of protection;
                    (B) weight reduction; and
                    (C) manufacturing productivity.

SEC. 142. SMALL ARMS ACQUISITION STRATEGY AND REQUIREMENTS REVIEW.

    (a) GAO Audit and Report.--The Comptroller General of the United 
States shall audit the requirements generation process of the 
Department of Defense for small arms procurement to determine if there 
are statutory or regulatory barriers to developing a small arms 
procurement requirement. Not later than October 1, 2009, the 
Comptroller General shall submit to the congressional defense 
committees a report on the results of the audit.
    (b) Secretary of Defense Report.--Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a comprehensive report 
on the small arms industrial base. The report shall include the 
following:
            (1) The current inventory, acquisition objective, 
        operational, and budgetary status of current small arms 
        programs, to include pistols, carbines, rifles, light, medium, 
        and heavy machine guns.
            (2) A plan for a joint acquisition strategy for small arms 
        modernization, with emphasis on a possible near term 
        competition for a new pistol and carbine.
            (3) An analysis of current small arms research and 
        development programs.
            (4) An analysis of current small arms capability gap 
        assessments that have been finalized or are being pursued.
    (c) Definition.--In this section, the term ``small arms''--
            (1) means man portable or vehicle mounted light weapons, 
        designed primarily for use by individual military personnel for 
        anti-personnel use; and
            (2) includes pistols, carbines, rifles, and light, medium, 
        and heavy machine guns.

SEC. 143. REQUIREMENT FOR COMMON GROUND STATIONS AND PAYLOADS FOR 
              MANNED AND UNMANNED AERIAL VEHICLES.

    (a) Policy Required.--The Secretary of Defense shall establish a 
policy and an acquisition strategy for intelligence, surveillance, and 
reconnaissance payloads and ground stations for manned and unmanned 
aerial vehicle systems, to be applicable throughout the Department of 
Defense, to achieve integrated research, development, test, and 
evaluation, and procurement commonality.
    (b) Objectives.--The policy and acquisition strategy required by 
subsection (a) shall have the following objectives:
            (1) Procurement of common payloads by vehicle class, 
        including--
                    (A) signals intelligence;
                    (B) electro optical;
                    (C) synthetic aperture radar;
                    (D) ground moving target indicator;
                    (E) conventional explosive detection;
                    (F) foliage penetrating radar;
                    (G) laser designator;
                    (H) chemical, biological, radiological, nuclear, 
                explosive detection; and
                    (I) national airspace operations avionics or 
                sensors, or both.
            (2) Commonality of ground systems by vehicle class.
            (3) Common management of vehicle and payloads procurement.
            (4) Ground station interoperability standardization.
            (5) Open source software code.
            (6) Acquisition of technical data rights in accordance with 
        section 2320 of title 10, United States Code.
            (7) Acquisition of vehicles, payloads, and ground stations 
        through competitive procurement.
    (c) Affected Systems.--For the purposes of this section, the manned 
and unmanned aerial vehicle classes and types of manned and unmanned 
aerial vehicles within each class are as follows:
            (1) Tier II class: Vehicles such as Silver Fox and Scan 
        Eagle.
            (2) Tactical class: Vehicles such as RQ-7.
            (3) Medium altitude class: Vehicles such as MQ-1, MQ-1C, 
        MQ-5, MQ-8, MQ-9, and Warrior Alpha.
            (4) High Altitude class: Vehicles such as RQ-4, RQ-4N, 
        Unmanned airship systems, Constant Hawk, Angel Fire, Special 
        Project Aircraft, Aerial Common Sensor, EP-3, Scathe View, 
        Compass Call, and Rivet Joint.
    (d) Consultation.--The Secretary shall develop the policy and 
acquisition strategy required by subsection (a) in consultation with 
the Chairman of the Joint Chiefs of Staff.
    (e) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall submit to the congressional 
defense committees, the Permanent Select Committee on Intelligence of 
the House of Representatives, and the Select Committee on Intelligence 
of the Senate a report containing--
            (1) the policy required by subsection (a); and
            (2) the acquisition strategy required by subsection (a).

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

              Subtitle A--Authorization of Appropriations

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Additional determinations to be made as part of Future Combat 
                            Systems milestone review.
Sec. 212. Analysis of Future Combat Systems communications network and 
                            software.
Sec. 213. Future Combat Systems manned ground vehicle selected 
                            acquisition reports.
Sec. 214. Separate procurement and research, development, test, and 
                            evaluation line items and program elements 
                            for Sky Warrior Unmanned Aerial Systems 
                            project.
Sec. 215. Restriction on obligation of funds for the Warfighter 
                            Information Network--Tactical program.
Sec. 216. Limitation on source of funds for certain Joint Cargo 
                            Aircraft expenditures.

                  Subtitle C--Missile Defense Programs

Sec. 221. Independent study of boost phase missile defense.
Sec. 222. Limitation on availability of funds for procurement, 
                            construction, and deployment of missile 
                            defenses in Europe.

                       Subtitle D--Other Matters

Sec. 231. Oversight of testing of personnel protective equipment by 
                            Director, Operational Test and Evaluation.
Sec. 232. Assessment of the Historically Black Colleges and 
                            Universities and Minority Serving 
                            Institutions Program.
Sec. 233. Technology-neutral information technology guidelines and 
                            standards to support fully interoperable 
                            electronic personal health information for 
                            the Department of Defense and Department of 
                            Veterans Affairs.
Sec. 234. Repeal of requirement for Technology Transition Initiative.
Sec. 235. Trusted defense systems.
Sec. 236. Limitation on obligation of funds for Enhanced AN/TPQ-36 
                            radar system pending submission of report.
Sec. 237. Capabilities-based assessment to outline a joint approach for 
                            future development of vertical lift 
                            aircraft and rotorcraft.
Sec. 238. Availability of funds for prompt global strike capability 
                            development.

              Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the use of the Department of Defense for research, development, 
test, and evaluation as follows:
            (1) For the Army, $10,683,695,000.
            (2) For the Navy, $19,769,738,000.
            (3) For the Air Force, $28,238,349,000.
            (4) For Defense-wide activities, $21,033,651,000, of which 
        $188,772,000 is authorized for the Director of Operational Test 
        and Evaluation.

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

    (a) Fiscal Year 2009.--Of the amounts authorized to be appropriated 
by section 201, $12,059,915,000 shall be available for the Defense 
Science and Technology Program, including basic research, applied 
research, and advanced technology development projects.
    (b) Basic Research, Applied Research, and Advanced Technology 
Development Defined.--For purposes of this section, the term ``basic 
research, applied research, and advanced technology development'' means 
work funded in program elements for defense research and development 
under Department of Defense budget activity 1, 2, or 3.

    Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

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

    (a) Report Required.--Not later than July 1, 2009, the Assistant 
Secretary of Defense, Networks and Information Integration, shall 
submit to the congressional defense committees a report providing an 
assessment of the Future Combat Systems communications network and 
software. This report shall include, at a minimum, the following:
            (1) An assessment of the vulnerability of the Future Combat 
        Systems communications network and software to enemy network 
        attack, in particular the impact of the use of significant 
        amounts of commercial software in Future Combat Systems 
        software.
            (2) An assessment of the vulnerability of the Future Combat 
        Systems communications network to electronic warfare, jamming, 
        and other potential enemy interference.
            (3) An assessment of the vulnerability of the Future Combat 
        Systems communications network to adverse weather and complex 
        terrain.
            (4) An assessment of the Future Combat Systems 
        communication network's dependence on satellite communications 
        support, and an assessment of the network's performance in the 
        absence of assumed levels of satellite communications support.
            (5) An assessment of the performance of the Future Combat 
        Systems communications network when operating in a degraded 
        condition due to the factors analyzed in paragraphs (1), (2), 
        (3), and (4), and how such a degraded network environment would 
        impact the performance of Future Combat Systems brigades and 
        the survivability of Future Combat Systems manned ground 
        vehicles.
    (b) Inclusion of Classified Annex.--The report required by 
subsection (a) may include a classified annex at the discretion of the 
Assistant Secretary, for the purpose of providing the assessments 
required, or to provide additional supporting information.

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

    (a) Report Required.--For each of the years 2009 through 2015, the 
Secretary of the Army shall, not later than February 15 of the year, 
submit a selected acquisition report for each Future Combat Systems 
manned ground vehicle variant.
    (b) Required Elements.--The reports required by subsection (a) 
shall include the same information required in comprehensive annual 
selected acquisition reports for major defense acquisition as defined 
in section 2432(c) of title 10, United States Code.
    (c) Definition.--In this section, the term ``manned ground vehicle 
variant'' includes the eight distinct variants of manned ground vehicle 
designated on pages seven and eight of the Future Combat Systems 
selected acquisition report of the Department of Defense dated December 
31, 2007, and any additional manned ground vehicle variants designated 
in Future Combat Systems acquisition reports of the Department of 
Defense after the date of the enactment of this Act.

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

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

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

    (a) Notification Required.--The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall notify the congressional 
defense committees within five days after the completion of all of the 
following actions:
            (1) Approval by the Under Secretary of a new acquisition 
        program baseline for the Warfighter Information Network-
        Tactical (WIN-T) Increment 3 program.
            (2) Completion of the independent cost estimate for the 
        WIN-T Increment 3 program by the Cost Analysis Improvement 
        Group, as required by the June 5, 2007 recertification by the 
        Under Secretary.
            (3) Completion of the technology readiness assessment of 
        the WIN-T Increment 3 program by the Director, Defense Research 
        and Engineering, as required by the June 5, 2007 
        recertification by the Under Secretary.
    (b) Restriction on Obligation of Funds Pending Notification.--Of 
the amounts appropriated pursuant to an authorization of appropriations 
in this Act or otherwise made available for research, development, 
test, and evaluation, Army, for fiscal year 2009 for the WIN-T 
Increment 3 program, not more than 20 percent of those amounts may be 
obligated or expended until 15 days after the notification required by 
subsection (a) is received by the congressional defense committees.

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

    Of the amounts appropriated pursuant to an authorization of 
appropriations in this Act or otherwise made available for fiscal year 
2009 or any fiscal year thereafter for the Army, the Secretary of the 
Army may fund the following Joint Cargo Aircraft expenditures only 
through amounts made available for procurement or for research, 
development, test, and evaluation: support equipment, initial spares, 
training simulators, systems engineering and management, and post-
production modifications.

                  Subtitle C--Missile Defense Programs

SEC. 221. INDEPENDENT STUDY OF BOOST PHASE MISSILE DEFENSE.

    (a) Agreement Required.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall enter into an 
agreement with a Federally Funded Research and Development Center to 
conduct an independent study of concepts and systems for boost phase 
missile defense.
    (b) Requirements for Study.--
            (1) Systems to be examined.--The study required by 
        subsection (a) shall examine each of the following systems:
                    (A) The Airborne Laser.
                    (B) The Kinetic Energy Interceptor (land- and sea-
                based options).
            (2) Factors to be evaluated.--The study shall evaluate each 
        system based on the following factors:
                    (A) Technical capability of the system against 
                scenarios identified in paragraph (3)(A).
                    (B) Operational issues, including operational 
                effectiveness.
                    (C) Results of key milestone tests in fiscal year 
                2009 and fiscal years prior.
                    (D) Survivability.
                    (E) Suitability.
                    (F) Concept-of-Operations, including basing 
                considerations.
                    (G) Operations and maintenance support.
                    (H) Command-and-Control.
                    (I) Shortfall from intercepts.
                    (J) Force structure requirements.
                    (K) Effectiveness against countermeasures.
                    (L) Estimated cost of sustaining the system in the 
                field.
                    (M) Total lifecycle cost estimates.
            (3) Scenarios to be assessed.--
                    (A) In general.--The study shall include, for each 
                system, an assessment of the operational capabilities 
                of the system--
                            (i) to counter short-, medium-, and 
                        intermediate-range ballistic missile threats to 
                        the deployed forces of the United States and 
                        its friends and allies from rogue states; and
                            (ii) to defend the territory of the United 
                        States against limited ballistic missile 
                        attack.
                    (B) Comparison with non-boost systems.--The study 
                shall also include an assessment of the performance and 
                operational capabilities of non-boost missile defense 
                systems to counter the threats referred to in 
                subparagraph (A), and shall compare those capabilities 
                with the predicted performance and operational 
                capabilities of the boost phase missile defense systems 
                to counter those threats. For purposes of this 
                subparagraph, the non-boost missile defense systems 
                shall include, at a minimum--
                            (i) the Patriot PAC-3 system and the Medium 
                        Extended Air Defense System (MEADS) follow-on 
                        system;
                            (ii) the Aegis Ballistic Missile Defense 
                        system, with all variants of the Standard 
                        Missile-3 interceptor;
                            (iii) the Terminal High Altitude Area 
                        Defense (THAAD) system; and
                            (iv) the Ground-based Midcourse Defense 
                        system.
            (4) Assessments and recommendations.--The study shall 
        include the following:
                    (A) Assessment of the developmental efforts to date 
                and feasibility of the currently funded boost phase 
                missile defense systems, using the factors outlined in 
                paragraph (2).
                    (B) Assessment of the cost and benefits of the 
                currently funded boost phase missile defense systems.
                    (C) A recommended strategy for boost phase missile 
                defense investment over the Future Years Defense 
                Program.
                    (D) Any other matter that the Federally Funded 
                Research and Development Center considers appropriate.
    (c) Cooperation From Government.--In carrying out the study, the 
Federally Funded Research and Development Center shall receive the full 
and timely cooperation of the Secretary of Defense and any other United 
States Government official in providing the Center with analyses, 
briefings, and other information necessary for the fulfillment of its 
responsibilities.
    (d) Report.--Not later than January 31, 2010, the Federally Funded 
Research and Development Center shall submit to the congressional 
defense committees a report on its findings, conclusions, and 
recommendations. The report shall be in unclassified form, but may 
include a classified annex.
    (e) Prohibition.--No funds appropriated pursuant to an 
authorization of appropriations in this Act or otherwise made available 
for fiscal year 2009 or any fiscal year thereafter may be obligated or 
expended for the acquisition of the second Airborne Laser aircraft 
until 60 days after the report required by this section is submitted.

SEC. 222. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT, 
              CONSTRUCTION, AND DEPLOYMENT OF MISSILE DEFENSES IN 
              EUROPE.

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

                       Subtitle D--Other Matters

SEC. 231. OVERSIGHT OF TESTING OF PERSONNEL PROTECTIVE EQUIPMENT BY 
              DIRECTOR, OPERATIONAL TEST AND EVALUATION.

    (a) Responsibilities of the Director, Operational Test and 
Evaluation, With Respect to Personnel Protective Equipment.--Section 
139 of title 10, United States Code, is amended--
            (1) in subsection (a)(2) by adding at the end the 
        following:
                    ``(C) The term `covered system' means a Department 
                of Defense acquisition program that is a covered system 
                for purposes of section 2366 of this title or that is 
                an item of personnel protective equipment designated as 
                a covered system by the Secretary of Defense, or the 
                Secretary's designee, for purposes of this section.''; 
                and
            (2) in subsection (b)--
                    (A) by striking paragraph (3);
                    (B) by redesignating paragraphs (4) through (7) as 
                (3) through (6), respectively; and
                    (C) by amending paragraph (6) (as so redesignated) 
                to read as follows:
            ``(6) monitor and review the survivability and lethality 
        testing of covered systems, major munition programs, and 
        covered product improvement programs of the Department of 
        Defense provided under section 2366 of this title.''.
    (b) Inclusion of Personnel Protective Equipment in Survivability 
Testing Required Before Full-Scale Production.--Section 2366 of title 
10, United States Code, is amended--
            (1) in subsection (e) by amending paragraph (1) to read as 
        follows:
            ``(1) The term `covered system' means--
                    ``(A) a vehicle, weapon platform, or conventional 
                weapon system--
                            ``(i) that includes features designed to 
                        provide some degree of protection to users in 
                        combat; and
                            ``(ii) that is a major system within the 
                        meaning of that term in section 2302(5) of this 
                        title; or
                    ``(B) an item of personnel protective equipment 
                designated as a covered system in accordance with 
                section 139(a)(2)(C) of this title.''; and
            (2) by adding at the end the following:
    ``(f) Personnel Protective Equipment.--In the case of an item of 
personnel protective equipment designated as a covered system, if, 
before a decision to proceed beyond low rate initial production, a 
decision is made within the Department of Defense to proceed to 
operational use of that equipment or to make procurement funds 
available for that equipment--
            ``(1) the milestone decision authority (as defined in 
        Department of Defense Directive 5000.1, dated May 12, 2003) for 
        the associated acquisition program shall notify the Director of 
        Operational Test and Evaluation of such a decision, along with 
        supporting rationale; and
            ``(2) the Director of Operational Test and Evaluation shall 
        submit to the Secretary of Defense and the congressional 
        defense committees the report required by subsection (d) as 
        soon as practicable.''.

SEC. 232. ASSESSMENT OF THE HISTORICALLY BLACK COLLEGES AND 
              UNIVERSITIES AND MINORITY SERVING INSTITUTIONS PROGRAM.

    (a) Assessment Required.--The Secretary of Defense shall--
            (1) carry out an assessment of the capability of 
        Historically Black Colleges and Universities and Minority 
        Serving Institutions (HBCU/MI) to participate in research, 
        development, test, and evaluation programs for the Department 
        of Defense; and
            (2) not later than twelve months after the date of the 
        enactment of this Act, submit to the congressional defense 
        committees a report on the assessment.
    (b) Matters Assessed.--The report under subsection (a) shall 
include the following:
            (1) Summarized findings and lessons learned from HBCU/MI 
        programs based on contracts, grants, or cooperative agreement 
        awards.
            (2) An assessment of the relevance, to include outcomes and 
        impacts, of those programs to the research mission of the 
        Department.
            (3) An assessment of the national and regional conferences 
        held annually to provide technical assistance and information 
        regarding research, development, test, and evaluation 
        activities of the Department, including the following:
                    (A) The number of such conferences held over the 
                last three years, and a description of each such 
                conference, to include a description of activities 
                conducted to meet the goals of the conference.
                    (B) A follow-up assessment of the success of such 
                conferences from the perspective both of the Department 
                and of the attending institutions.
                    (C) An assessment as to whether such conferences 
                are appropriately targeted to institutions that have 
                not historically received contracts, grants or 
                cooperative agreements with the Department.
            (4) As directed in Executive Order 13256, a plan 
        documenting the Department's effort in increasing the capacity 
        of HBCU/MIs to participate in the research programs of the 
        Department.
            (5) Any other matters the Secretary considers appropriate.

SEC. 233. TECHNOLOGY-NEUTRAL INFORMATION TECHNOLOGY GUIDELINES AND 
              STANDARDS TO SUPPORT FULLY INTEROPERABLE ELECTRONIC 
              PERSONAL HEALTH INFORMATION FOR THE DEPARTMENT OF DEFENSE 
              AND DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 1635 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 460; 10 U.S.C. 
1071 note) is amended--
            (1) in subsection (h)(1) by adding at the end the 
        following:
                    ``(C) A description and analysis of the level of 
                interoperability and security of technologies for 
                sharing healthcare information among the Department of 
                Defense, the Department of Veterans Affairs, and their 
                transaction partners.
                    ``(D) A description and analysis of the problems 
                the Department of Defense and the Department of 
                Veterans Affairs are having with, and the progress such 
                agencies are making toward, ensuring interoperable and 
                secure healthcare information systems and electronic 
                healthcare records.''.
            (2) by adding at the end the following:
    ``(j) Technology-Neutral Guidelines and Standards.--
            ``(1) In general.--The Director, in consultation with 
        industry and appropriate Federal agencies, shall develop, or 
        shall adopt from industry, technology-neutral information 
        technology infrastructure guidelines and standards for use by 
        the Department of Defense and the Department of Veterans 
        Affairs to enable those agencies to effectively select and 
        utilize information technologies to meet the requirements of 
        this section, in a manner that is--
                    ``(A) interoperable;
                    ``(B) inclusive of ongoing Federal efforts that 
                provide technical expertise to harmonize existing 
                standards and assist in the development of 
                interoperability specifications; and
                    ``(C) consistent with relevant guidance and 
                directives for the development of information 
                technology systems with the Department of Defense and 
                the Department of Veterans Affairs.
            ``(2) Elements.--The guidelines and standards developed or 
        adopted under subsection (a) shall--
                    ``(A) promote the use by commercially available and 
                open source products to incorporate those guidelines 
                and standards;
                    ``(B) develop uniform testing procedures suitable 
                for determining the conformance of commercially 
                available and other Federally developed healthcare 
                information technology products with the guidelines and 
                standards;
                    ``(C) support and promote the testing of electronic 
                healthcare information technologies utilized by the 
                Department of Defense and the Department of Veterans 
                Affairs;
                    ``(D) provide protection and security profiles;
                    ``(E) establish a core set of specifications in 
                transactions between Federal agencies and their 
                transaction partners; and
                    ``(F) include validation criteria to enable Federal 
                agencies to select healthcare information technologies 
                appropriate to their needs.
            ``(3) Report.--Not later than March 31, 2009, the Director 
        shall submit to the Secretary of Defense and the Secretary of 
        Veterans Affairs, and to the appropriate congressional 
        committees, a report identifying the guidelines and standards 
        developed or adopted under this subsection. The report shall 
        include--
                    ``(A) a description of how the Office is working 
                with the Business Transformation Agency to integrate 
                these standards into the Enterprise Transition Plan for 
                the Department of Defense; and
                    ``(B) a synchronization roadmap showing the 
                timeline for the deployment of applicable existing and 
                planned healthcare information technology systems and 
                how they will implement these standards.''.
    (b) Compliance With Requirements.--The amendments made by 
subsection (a) shall not impede the Secretary of Defense, the Secretary 
of Veterans Affairs, and the interagency program office from ensuring 
that the requirements of subsection (d) of section 1635 of that Act, 
including the date specified in that subsection, are met.

SEC. 234. REPEAL OF REQUIREMENT FOR TECHNOLOGY TRANSITION INITIATIVE.

    (a) Assessment Required.--
            (1) In general.--Not later than March 31, 2009, the Under 
        Secretary of Defense for Acquisition, Technology, and Logistics 
        shall assess the feasibility of consolidating various 
        technology transition accounts into a unified effort managed by 
        a senior official of the Department of Defense.
            (2) OSD programs included.--Such assessment shall include, 
        but shall not be limited to, the following programs within the 
        Office of the Secretary of Defense: Technology Transition 
        Initiative, Foreign Comparative Test, Defense Acquisition 
        Challenge Program, Quick Reaction Fund, Manufacturing 
        Technology, Joint Capability Technology Demonstrations, Defense 
        Technology Link, Joint Capability Technology Demonstration 
        Transition Program, Defense Acquisition Executive, Rapid 
        Reaction Fund, and Operational Experimentation Division.
            (3) Military department programs included.--Such assessment 
        shall also include, as appropriate, the technology transition 
        initiatives of the military departments.
    (b) Initiative Requirement Repealed.--
            (1) In general.--Section 2359a of title 10, United States 
        Code, is amended--
                    (A) by amending the section heading to read as 
                follows:
``Sec. 2359a. Technology Transition Council'';
                    (B) by striking subsections (a), (b), (c), (d), 
                (e), (f), and (h); and
                    (C) by redesignating subsections (g) and (i) as (a) 
                and (b), respectively.
            (2) Conforming amendment.--The table of sections at the 
        beginning of chapter 139 of title 10, United States Code, is 
        amended by striking the item relating to section 2359a and 
        inserting the following new item:

``2359a. Technology Transition Council.''.

SEC. 235. TRUSTED DEFENSE SYSTEMS.

    (a) Assessment Required.--The Secretary of Defense shall conduct a 
comprehensive assessment of covered acquisition programs to identify 
vulnerabilities in the supply chain of each program's information 
processing systems that potentially compromise the level of trust in 
such systems. Such assessment shall also--
            (1) assess vulnerabilities at multiple levels of the 
        information processing system, including but not limited to, 
        microcircuits, software, and firmware;
            (2) prioritize the potential vulnerabilities and impacts of 
        the various elements and stages of the system supply chain to 
        identify the most effective balance of investments to minimize 
        the effects of compromise;
            (3) provide recommendations regarding ways to improve trust 
        in the supply chain for covered acquisition programs; and
            (4) identify the appropriate lead, and supporting elements, 
        within the Department of Defense for the development of an 
        integrated strategy for ensuring trust in the supply chain for 
        acquisition programs.
    (b) Strategy Required.--The lead identified pursuant to subsection 
(a)(4), in cooperation with the supporting elements also identified by 
the Secretary of Defense, shall develop an integrated strategy for 
ensuring trust in the supply chain for acquisition programs. Such 
strategy shall--
            (1) address the vulnerabilities identified by the 
        Secretary's assessment under subsection (a);
            (2) reflect the priorities identified by such assessment;
            (3) be executable by the defense acquisition community; and
            (4) be sufficiently specific to provide guidance for the 
        planning, programming, budgeting, and execution process in 
        order to ensure acquisition programs have the necessary 
        resources to implement all appropriate elements of the 
        strategy.
    (c) Interim Policy for Application Specific Integrated Circuits.--
Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall issue a policy requiring covered trusted 
systems to employ only trusted foundry services to fabricate their 
custom designed integrated circuits.
    (d) Submission to Congress.--Not later than 12 months after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees--
            (1) the assessment required by subsection (a); and
            (2) the strategy required by subsection (b).
    (e) Definitions.--In this section:
            (1) The term ``covered acquisition programs'' means a 
        Department of Defense acquisition program that is a major 
        system for purposes of section 2302(5) of title 10, United 
        States Code, and--
                    (A) has not yet entered low-rate initial 
                production, as defined in section 2400 of title 10, 
                United States Code; or
                    (B) is currently in production or no longer in 
                production, and information processing system upgrades 
                are still planned over the life cycle of the system.
            (2) The terms ``trust'' and ``trusted'' refer to the high 
        confidence by the Department of Defense in the national ability 
        to secure national security systems by assessing the integrity 
        of the people and processes used to design, generate, 
        manufacture, and distribute national security critical 
        components.
            (3) The term ``covered trusted systems'' means--
                    (A) all Mission Assurance Category I systems, as 
                defined in Department of Defense Directive 8500.01E and 
                associated Department of Defense Instruction 8500.2; 
                and
                    (B) any other system identified by the Secretary of 
                Defense as a system--
                            (i) that is vital to mission effectiveness 
                        or operational readiness of deployed or 
                        contingency forces;
                            (ii) the loss or degradation of which 
                        results in immediate and sustained loss of 
                        mission effectiveness;
                            (iii) that is highly accurate and highly 
                        available; and
                            (iv) for which the most stringent 
                        protection measures are required.
            (4) The term ``trusted foundry services'' means the program 
        co-funded by the National Security Agency and the Department of 
        Defense, through program element 0605140D8Z, or any such 
        similar program approved by the Secretary of Defense.

SEC. 236. LIMITATION ON OBLIGATION OF FUNDS FOR ENHANCED AN/TPQ-36 
              RADAR SYSTEM PENDING SUBMISSION OF REPORT.

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

SEC. 237. CAPABILITIES-BASED ASSESSMENT TO OUTLINE A JOINT APPROACH FOR 
              FUTURE DEVELOPMENT OF VERTICAL LIFT AIRCRAFT AND 
              ROTORCRAFT.

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

SEC. 238. AVAILABILITY OF FUNDS FOR PROMPT GLOBAL STRIKE CAPABILITY 
              DEVELOPMENT.

    (a) In General.--Notwithstanding any other provision of this Act, 
funds for conventional prompt global strike capability development are 
authorized by this Act only for those activities expressly delineated 
in the expenditure plan for fiscal years 2008 and 2009 that was 
required by section 243 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 51; 10 U.S.C. 113 note) 
and submitted to the congressional defense committees and dated March 
24, 2008, or those activities otherwise expressly authorized by 
Congress.
    (b) Report.--The Secretary of Defense shall submit to the 
congressional defense committees, concurrently with the President's 
budget request for fiscal year 2010, a report that describes each 
conventional prompt global strike concept that--
            (1) has been, or will be, affected by the technology 
        applications developed pursuant to conventional prompt global 
        strike activities within fiscal year 2009; and
            (2) will be considered within the context of any 
        conventional prompt global strike concept decision in fiscal 
        year 2010.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

Sec. 311. Authorization for Department of Defense participation in 
                            conservation banking programs.
Sec. 312. Reimbursement of Environmental Protection Agency for certain 
                            costs in connection with Moses Lake 
                            Wellfield Superfund Site, Moses Lake, 
                            Washington.
Sec. 313. Expand cooperative agreement authority for management of 
                            natural resources to include off-
                            installation mitigation.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Time limitation on duration of public-private competitions.
Sec. 322. Comprehensive analysis and development of single Government-
                            wide definition of inherently governmental 
                            function.
Sec. 323. Study on future depot capability.
Sec. 324. High-performing organization business process reengineering.
Sec. 325. Temporary suspension of studies and public-private 
                            competitions regarding conversion of 
                            functions of the Department of Defense 
                            performed by civilian employees to 
                            contractor performance.
Sec. 326. Consolidation of Air Force and Air National Guard aircraft 
                            maintenance.
Sec. 327. Guidance for performance of civilian personnel work under Air 
                            Force civilian personnel consolidation 
                            plan.
Sec. 328. Report on reduction in number of firefighters on Air Force 
                            bases.

                      Subtitle D--Energy Security

Sec. 331. Annual report on operational energy management and 
                            implementation of operational energy 
                            strategy.
Sec. 332. Consideration of fuel logistics support requirements in 
                            planning, requirements development, and 
                            acquisition processes.
Sec. 333. Study on solar energy for use at forward operating locations.
Sec. 334. Study on coal-to-liquid fuels.

                          Subtitle E--Reports

Sec. 341. Comptroller General report on readiness of Armed Forces.
Sec. 342. Report on plan to enhance combat skills of Navy and Air Force 
                            personnel.
Sec. 343. Comptroller General report on the use of the Army Reserve and 
                            National Guard as an operational reserve.
Sec. 344. Comptroller General report on link between preparation and 
                            use of Army reserve component forces to 
                            support ongoing operations.
Sec. 345. Comptroller General report on adequacy of funding, staffing, 
                            and organization of Department of Defense 
                            Military Munitions Response Program.
Sec. 346. Report on options for providing repair capabilities to 
                            support ships operating near Guam.

                       Subtitle F--Other Matters

Sec. 351. Extension of Enterprise Transition Plan reporting 
                            requirement.
Sec. 352. Demilitarization of loaned, given, or exchanged documents, 
                            historical artifacts, and condemned or 
                            obsolete combat materiel.
Sec. 353. Repeal of requirement that Secretary of Air Force provide 
                            training and support to other military 
                            departments for A-10 aircraft.
Sec. 354. Display of annual budget requirements for Air Sovereignty 
                            Alert Mission.
Sec. 355. Sense of Congress that Air Sovereignty Alert Mission should 
                            receive sufficient funding and resources.
Sec. 356. Revision of certain Air Force regulations required.
Sec. 357. Transfer of C-12 aircraft to California Department of 
                            Forestry and Fire Protection.
Sec. 358. Availability of funds for Irregular Warfare Support program.
Sec. 359. Sense of Congress regarding procurement and use of munitions.
Sec. 360. Limitation on obligation of funds for Air Combat Command 
                            Management Headquarters.
Sec. 361. Increase of domestic sourcing of military working dogs used 
                            by the Department of Defense.

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for expenses, not otherwise provided for, for 
operation and maintenance, in amounts as follows:
            (1) For the Army, $31,788,395,000.
            (2) For the Navy, $34,870,098,000.
            (3) For the Marine Corps, $5,680,054,000.
            (4) For the Air Force, $35,060,427,000.
            (5) For Defense-wide activities, $25,806,657,000.
            (6) For the Army Reserve, $2,659,141,000.
            (7) For the Naval Reserve, $1,311,085,000.
            (8) For the Marine Corps Reserve, $213,131,000.
            (9) For the Air Force Reserve, $3,202,892,000.
            (10) For the Army National Guard, $5,900,346,000.
            (11) For the Air National Guard, $5,929,576,000.
            (12) For the United States Court of Appeals for the Armed 
        Forces, $13,254,000.
            (13) For Environmental Restoration, Army, $447,776,000.
            (14) For Environmental Restoration, Navy, $290,819,000.
            (15) For Environmental Restoration, Air Force, 
        $496,277,000.
            (16) For Environmental Restoration, Defense-wide, 
        $13,175,000.
            (17) For Environmental Restoration, Formerly Used Defense 
        Sites, $257,796,000.
            (18) For Overseas Humanitarian, Disaster, and Civic Aid 
        programs, $83,273,000.
            (19) For Cooperative Threat Reduction programs, 
        $445,135,000.
            (20) For the Overseas Contingency Operations Transfer Fund, 
        $9,101,000.

                  Subtitle B--Environmental Provisions

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

    (a) Participation Authorized.--Chapter 159 of title 10, United 
States Code, is amended by inserting after section 2694b the following 
new section:
``Sec. 2694c. Participation in conservation banking programs
    ``(a) Authority to Participate.--Subject to the availability of 
appropriated funds to carry out this section, the Secretary concerned, 
when engaged or proposing to engage in an activity described in 
subsection (b) that may or will result in an adverse impact to one or 
more species protected (or pending protection) under any applicable 
provision of law, or habitat for such species, may make payments to a 
conservation banking program or `in-lieu-fee' mitigation sponsor 
approved in accordance with--
            ``(1) the Federal Guidance for the Establishment, Use and 
        Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 
        1995);
            ``(2) the Guidance for the Establishment, Use, and 
        Operation of Conservation Banks (68 Fed. Reg. 24753; May 2, 
        2003);
            ``(3) the Federal Guidance on the Use of In-Lieu-Fee 
        Arrangements for Compensatory Mitigation Under Section 404 of 
        the Clean Water Act and Section 10 of the Rivers and Harbors 
        Act (65 Fed. Reg. 66915; November 7, 2000); or
            ``(4) any successor or related administrative guidance or 
        regulation.
    ``(b) Covered Activities.--Payments to a conservation banking 
program or `in-lieu-fee' mitigation sponsor under subsection (a) may be 
made only for the purpose of facilitating one or more of the following 
activities:
            ``(1) Military testing, operations, training, or other 
        military activity.
            ``(2) Military construction.
    ``(c) Treatment of Amounts for Conservation Banking.--Payments made 
under subsection (a) to a conservation banking program or `in-lieu-fee' 
mitigation sponsor for the purpose of facilitating military 
construction may be treated as eligible costs of the military 
construction project.
    ``(d) Secretary Concerned Defined.--In this section, the term 
`Secretary concerned' means--
            ``(1) the Secretary of a military department; and
            ``(2) the Secretary of Defense with respect to a Defense 
        Agency.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2694b the following new item:

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

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

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

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

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

                 Subtitle C--Workplace and Depot Issues

SEC. 321. TIME LIMITATION ON DURATION OF PUBLIC-PRIVATE COMPETITIONS.

    (a) Time Limitation.--Section 2461(a) of title 10, United States 
Code, is amended by adding at the end the following new paragraph:
    ``(5)(A) The duration of a public-private competition conducted 
pursuant to Office of Management and Budget Circular A-76 or any other 
provision of law for any function of the Department of Defense 
performed by Department of Defense civilian employees may not exceed a 
period of 540 days, commencing on the date on which the preliminary 
planning for the public-private competition begins through the date on 
which a performance decision is rendered with respect to the function.
    ``(B) The time period specified in subparagraph (A) for a public-
private competition does not include any day during which the public-
private competition is delayed by reason of a protest before the 
Government Accountability Office or the United States Court of Federal 
Claims unless the Secretary of Defense determines that the delay is 
caused by issues being raised during the appellate process that were 
not previously raised during the competition.''.
    (b) Effective Date.--Paragraph (5) of section 2461(a) of title 10, 
United States Code, as added by subsection (a), shall apply with 
respect to a public-private competition covered by such section that is 
being conducted on or after the date of the enactment of this Act.

SEC. 322. COMPREHENSIVE ANALYSIS AND DEVELOPMENT OF SINGLE GOVERNMENT-
              WIDE DEFINITION OF INHERENTLY GOVERNMENTAL FUNCTION.

    (a) Development and Implementation of Definition of Inherently 
Governmental Function.--The Director of the Office of Management and 
Budget, in consultation with appropriate representatives of the Chief 
Acquisition Officers Council under section 16A of the Office of Federal 
Procurement Policy Act (41 U.S.C. 414b) and the Chief Human Capital 
Council under section 1401 of title 5, United States Code, shall--
            (1) review the definitions of the term ``inherently 
        governmental function'' described in subsection (b) to 
        determine whether such definitions are sufficiently focused to 
        ensure that only officers or employees of the Federal 
        Government or members of the Armed Forces perform inherently 
        governmental functions or other critical functions necessary 
        for the mission of a Federal department or agency;
            (2) develop a single consistent definition for such term 
        that would--
                    (A) address any deficiencies in the existing 
                definitions, as determined pursuant to paragraph (1);
                    (B) reasonably apply to all Federal departments and 
                agencies;
                    (C) ensure that the head of each such department or 
                agency is able to identify each position within that 
                department or agency that exercises an inherently 
                governmental function and should only be performed by 
                officers or employees of the Federal Government or 
                members of the Armed Forces; and
                    (D) allow the head of each such department or 
                agency to identify each position within that department 
                or agency that, while the position may not exercise an 
                inherently governmental function, nevertheless should 
                only be performed by officers or employees of the 
                Federal Government or members of the Armed Forces;
            (3) in addition to the actions described under paragraphs 
        (1) and (2), provide criteria that would identify positions 
        within Federal departments and agencies that are to be 
        performed by officers or employees of the Federal Government or 
        members of the Armed Forces to ensure that the head of each 
        Federal department or agency--
                    (A) develops and maintains sufficient organic 
                expertise and technical capability;
                    (B) develops guidance to implement the definition 
                of inherently governmental as described in paragraph 
                (2) in a manner that is consistent with agency missions 
                and operational goals; and
                    (C) develops guidance to manage internal decisions 
                regarding staffing in an integrated manner to ensure 
                officers or employees of the Federal Government or 
                members of the Armed Forces are filling critical 
                management roles by identifying--
                            (i) functions, activities, or positions, or 
                        some combination thereof, or
                            (ii) additional mechanisms;
            (4) in undertaking the actions described in paragraphs (1) 
        and (2), take into account the final recommendations and 
        related findings concerning performance of inherently 
        governmental functions in the Final Report of the Acquisition 
        Advisory Panel established pursuant to section 1423 of the 
        Services Acquisition Reform Act of 2003 (title XIV of Public 
        Law 108-136; 41 U.S.C. 405 note) and any other relevant reports 
        or documents; and
            (5) solicit the views of the public regarding the matters 
        identified in this section.
    (b) Definitions of Inherently Governmental Function.--The 
definitions of inherently governmental function described in this 
subsection are the definitions of such term that are contained in--
            (1) the Federal Activities Inventory Reform Act of 1998 
        (Public Law 105-270; 31 U.S.C. 501 note);
            (2) section 2383 of title 10, United States Code;
            (3) Office of Management and Budget Circular A-76;
            (4) the Federal Acquisition Regulation; and
            (5) any other relevant Federal law or regulation, as 
        determined by the Director of the Office of Management and 
        Budget in consultation with the Chief Acquisition Officers 
        Council and the Chief Human Capital Council.
    (c) Report to Congress.--Not later than one year after the date of 
the enactment of this Act, the Director of the Office of Management and 
Budget, in consultation with the Chief Acquisition Officers Council and 
the Chief Human Capital Council, shall submit to the Committees on 
Armed Services of the Senate and House of Representatives, the 
Committee on Homeland Security and Governmental Affairs in the Senate, 
and the Committee on Oversight and Government Reform of the House of 
Representatives a report on the actions taken by the Director under 
this section. Such report shall contain each of the following:
            (1) A description of the actions taken by the Director 
        under this section to develop a single definition of inherently 
        governmental function.
            (2) Such legislative recommendations as the Director 
        determines are necessary to further the purposes of this 
        section.
            (3) A description of such steps as may be necessary--
                    (A) to ensure that the single definition developed 
                under this section is consistently applied through all 
                Federal regulations, circulars, policy letters, agency 
                guidance, and other documents;
                    (B) to repeal any existing Federal regulations, 
                circular, policy letters, agency guidance and other 
                documents determined to be superseded by the definition 
                developed under this section; and
                    (C) to develop any necessary implementing guidance 
                under this section for agency staffing and contracting 
                decisions, along with appropriate milestones.
    (d) Regulations.--Not later than 180 days after submission of the 
report required by subsection (c), the Director of the Office of 
Management and Budget shall issue regulations to implement actions 
taken under this section to develop a single definition of inherently 
governmental function.

SEC. 323. STUDY ON FUTURE DEPOT CAPABILITY.

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

SEC. 324. HIGH-PERFORMING ORGANIZATION BUSINESS PROCESS REENGINEERING.

    (a) In General.--Chapter 3 of title 10, United States Code, is 
amended by inserting after section 129c the following new section:
``Sec. 129d. High-performing organizations
    ``(a) Guidelines for Establishment of High-Performing 
Organizations.--The Secretary of Defense shall develop guidelines for 
the establishment of a high-performing organization conducted through a 
business process reengineering initiative. The guidelines shall ensure 
consideration and assessment of the following:
            ``(1) Number of employees to be affected by the initiative.
            ``(2) Resources needed to conduct the initiative.
            ``(3) Location where the initiative will be performed, and 
        the location of the affected employees if different from the 
        initiative location.
            ``(4) Functions to be included in the initiative.
            ``(5) Timeline for implementation of the initiative.
            ``(6) Estimated duration of the initiative if such 
        initiative is deemed to be temporary.
    ``(b) Restriction on High-Performing Organizations.--The Secretary 
of Defense, with respect to matters concerning the Defense Agencies, 
and the Secretary of a military department, may not begin 
implementation of a business process reengineering initiative to 
establish a high performing organization until--
            ``(1) the Secretary submits to Congress the notification 
        required by subsection (d); and
            ``(2) the requirements of paragraphs (2) and (3) of section 
        7106(b) of title 5 are complied with.
    ``(c) Certain Initiatives Prohibited.--The Secretary of Defense, or 
the Secretary of a military department, may not implement a high-
performing organization if--
            ``(1) it were to result in a change of the collective 
        bargaining status of an employee in the Department of Defense 
        or in the representation status of a labor organization with 
        exclusive representation status, as provided in section 7114 of 
        title 5; or
            ``(2) any planned reductions in staffing are based on cost 
        savings assumptions that are unrelated to the establishment of 
        the high performing organization.
    ``(d) Congressional Notification.--Forty-five days before 
commencing a high-performing organization under subsection (a), the 
Secretary of Defense or the Secretary of the military department 
concerned shall submit to Congress a notification describing the 
assessment required by subsection (a).
    ``(e) Annual Evaluation.--The Secretary of Defense or the Secretary 
of the military department concerned shall conduct annual performance 
reviews of the participating organizations or functions under the 
jurisdiction of the Secretary. The reviews shall be submitted to 
Congress. Each review shall evaluate the performance of the high 
performance organization in the following areas;
            ``(1) Costs, savings, and overall financial performance of 
        the organization.
            ``(2) Organic knowledge, skills or expertise.
            ``(3) Efficiency and effectiveness of key functions or 
        processes.
            ``(4) Efficiency and effectiveness of the overall 
        organization.
    ``(f) Definitions.--In this section,
            ``(1) The term `high-performing organization' means an 
        organization whose performance exceeds that of comparable 
        providers, whether public or private.
            ``(2) The term `business process reengineering initiative' 
        means an approach to reinvent or consolidate functions whether 
        they are inherently governmental, military essential, or 
        commercial activities, or a reorganization that is undertaken 
        at the direction of the Office of Management and Budget.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
129c the following new item:

``129d. High-performing organizations.''.

SEC. 325. TEMPORARY SUSPENSION OF STUDIES AND PUBLIC-PRIVATE 
              COMPETITIONS REGARDING CONVERSION OF FUNCTIONS OF THE 
              DEPARTMENT OF DEFENSE PERFORMED BY CIVILIAN EMPLOYEES TO 
              CONTRACTOR PERFORMANCE.

    (a) Findings.--Congress finds the following:
            (1) The turbulence caused by the efforts of the Department 
        of Defense to increase the size of the Armed Forces, implement 
        the decisions of the 2005 round of base realignments and 
        closures, and execute transformational initiatives, combined 
        with the strain on the Armed Forces due to ongoing contingency 
        operations, could impede sound decisions regarding the 
        conversion to contractor performance of functions of the 
        Department of Defense performed by civilian employees.
            (2) Public-private competitions may unnecessarily divert 
        Department of Defense personnel and resources away from 
        operational obligations.
            (3) The Secretary of Defense needs to ensure that readiness 
        is fully supported.
    (b) Suspension.--During the period beginning on the date of the 
enactment of this Act and ending on September 30, 2011, no study or 
public-private competition regarding the conversion to contractor 
performance of any function of the Department of Defense performed by 
civilian employees may be begun or announced pursuant to section 2461 
of title 10, United States Code, or otherwise pursuant to Office of 
Management and Budget Circular A-76.

SEC. 326. CONSOLIDATION OF AIR FORCE AND AIR NATIONAL GUARD AIRCRAFT 
              MAINTENANCE.

    (a) Role of National Guard Bureau.--The Secretary of the Air Force 
shall not implement the consolidation of aircraft repair facilities and 
personnel of the active Air Force with aircraft repair facilities and 
personnel of the Air National Guard or the consolidation of aircraft 
repair facilities and personnel of the Air National Guard with aircraft 
repair facilities and personnel of the active Air Force until the 
Secretary consults with, and obtains the consent of, the National Guard 
Bureau.
    (b) Report on Criteria.--Not later than 30 days after the date of 
the enactment of this Act, the Secretary of the Air Force shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a report stating all the criteria being used by the 
Department of the Air Force and the Rand Corporation to evaluate the 
feasibility of consolidating Air Force maintenance functions into 
organizations that would integrate active, Guard, and Reserve 
components into a total-force approach. The report shall include the 
assumptions that were provided to or developed by the Rand Corporation 
for their study of the feasibility of the consolidation proposal.
    (c) Report on Feasibility Study.--At least 90 days before any 
consolidation actions, the Secretary of the Air Force shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives a report on the findings of the Rand Corporation 
feasibility study and the Rand Corporation's recommendations, the Air 
Force's assessment of the findings and recommendations, any plans 
developed for implementation of the consolidation, and a delineation of 
all infrastructure costs anticipated as a result of implementation.

SEC. 327. GUIDANCE FOR PERFORMANCE OF CIVILIAN PERSONNEL WORK UNDER AIR 
              FORCE CIVILIAN PERSONNEL CONSOLIDATION PLAN.

    (a) Guidance for Civilian Personnel Management Consolidation.--In 
determining which, if any, civilian personnel management functions may 
appropriately be consolidated under one command or in a central or 
regional location, the Secretary of the Air Force shall be guided by 
the anticipated positive or negative impact upon the productivity of 
the managed workforces at different commands and the consequently 
anticipated positive or negative impact upon mission accomplishment at 
the different commands. This analysis shall be customized for each 
affected command, taking into account such factors as the size and 
complexity of the civilian workforce and the extent to which mission 
accomplishment is dependent upon the productivity of the civilian 
workforce. What functions are deemed ``transactional'' or 
``nontransactional'' may vary for each affected command. In general, 
more of the civilian personnel management functions for smaller, less 
civilian dependent commands may be consolidated in a central or 
regional location or command while fewer functions may be consolidated 
from larger, more civilian dependent commands.
    (b) Prohibition on Consolidation of Certain Functions.--For the 
Large Civilian Centers, the Secretary of the Air Force will not 
consolidate in a central or regional location or command at least the 
following functions:
            (1) Staffing positions filled through internal or external 
        recruitment processes.
            (2) Development of position classifications or job 
        descriptions.
            (3) Employee management relations, including performance 
        management programs, conduct or discipline programs and labor 
        management programs.
            (4) Labor force planning and management, including internal 
        pay pool management and employee performance reviews.
            (5) Managing workers compensation program pursuant to 
        chapter 81 of title 5, United States Code, or relevant State 
        workers' compensation programs.
    (c) Large Civilian Center Defined.--In this section, the term 
``Large Civilian Center'' refers to installations or commands with 
operational missions primarily dependent upon the productivity of 
civilian workforces typically numbering in the thousands and engaged in 
program management, systems engineering, research or development, 
logistics management, software management, management of existing 
aircraft systems, and depot level maintenance. Such an installation or 
command typically includes occupational series far in excess of those 
assigned to other, more typical, Air Force installations or commands.

SEC. 328. REPORT ON REDUCTION IN NUMBER OF FIREFIGHTERS ON AIR FORCE 
              BASES.

    In an effort to ensure the Air Force is meeting the minimum safety 
standards for staffing, equipment, and training as required by 
Department of Defense Installation and Environment Instruction 6055.6, 
the Secretary of the Air Force shall submit to Congress, not later than 
90 days after the date of the enactment of this Act, a report on the 
effect of the reduction in fire fighters on Air Force bases as a result 
of PBD720. Such report shall include the following:
            (1) An evaluation of current fire fighting capability and 
        whether the reduction has increased the risk of harm to either 
        fire fighters or those they may serve in response to an 
        emergency.
            (2) An evaluation on whether there is adequate capability 
        within the surrounding municipal communities to support a base 
        aircraft rescue or respond to a fire involving a combat 
        aircraft, cargo aircraft or weapon system.
            (4) An evaluation of the impact on certifications of the 
        base fire departments as a result of the reductions in fire 
        fighting personnel and or functions at the base.
            (5) A plan to restore personnel needed to support the 
        mission should it be determined that personnel reductions 
        resulting from PBD720 have negatively impacted the ability to 
        perform their mission.

                      Subtitle D--Energy Security

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

    (a) Report Required.--Section 2925 of title 10, United States Code, 
is amended by striking subsection (b) and inserting the following new 
subsection:
    ``(b) Annual Report Related to Operational Energy.--(1) 
Simultaneous with the annual report required by subsection (a), the 
Secretary of Defense, acting through the Director of Operational Energy 
Plans and Programs, shall submit to the congressional defense 
committees a report on operational energy management and the 
implementation of the operational energy strategy established pursuant 
to section 139b of this title.
    ``(2) The annual report under this subsection shall address and 
include the following:
            ``(A) Statistical information on operational energy 
        demands, in terms of expenditures and consumption, for the 
        preceding five fiscal years, including funding made available 
        in regular defense appropriations Acts and any supplemental 
        appropriation Acts.
            ``(B) An estimate of operational energy demands for the 
        current fiscal year and next fiscal year, including funding 
        requested to meet operational energy demands in the budget 
        submitted to Congress under section 1105 of title 31 and in any 
        supplemental requests.
            ``(C) A description of each initiative related to the 
        operational energy strategy and a summary of funds appropriated 
        for each initiative in the previous fiscal year and current 
        fiscal year and requested for each initiative for the next five 
        fiscal years.
            ``(D) An evaluation of progress made by the Department of 
        Defense--
                    ``(i) in implementing the operational energy 
                strategy, including the progress of key initiatives and 
                technology investments related to operational energy 
                demand and management; and
                    ``(ii) in meeting the operational energy goals set 
                forth in the strategy.
            ``(E) Such recommendations as the Director considers 
        appropriate for additional changes in organization or authority 
        within the Department of Defense to enable further 
        implementation of the energy strategy and such other comments 
        and recommendations as the Director considers appropriate.
    ``(3) If a report under this subsection is submitted in a 
classified form, the Secretary shall concurrently submit to the 
congressional defense committees an unclassified version of the 
information required by this subsection.
    ``(4) In this subsection, the term `operational energy' means the 
energy required for moving and sustaining military forces and weapons 
platforms for military operations. The term includes energy used by 
tactical power systems and generators and weapons platforms.''.
    (b) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 2925. Annual Department of Defense energy management reports''.
            (2) Table of sections.--The table of sections at the 
        beginning of subchapter III of chapter 173 of such title is 
        amended by striking the item relating to section 2925 and 
        inserting the following new item:

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

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

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

SEC. 333. STUDY ON SOLAR ENERGY FOR USE AT FORWARD OPERATING LOCATIONS.

    (a) Study Required.--The Secretary of Defense shall provide for a 
study to examine the feasibility of using solar energy to provide 
electricity at forward operating locations.
    (b) Matters Examined.--The study shall examine, at a minimum, the 
following:
            (1) The potential for solar energy to reduce the fuel 
        supply needed to provide electricity at forward operating 
        locations and the extent to which such reduction will decrease 
        the risk of casualties by reducing the number of convoys needed 
        to supply fuel to forward operating locations.
            (2) The cost of using solar energy to provide electricity.
            (3) The potential savings of using solar energy to provide 
        electricity compared to current methods.
            (4) The environmental benefits of using solar energy to 
        provide electricity instead of the current methods.
            (5) The sustainability and operating requirements of solar 
        energy systems for providing electricity compared to current 
        methods.
    (c) Report.--Not later than March 1, 2009, the Secretary shall 
submit to the congressional defense committees a report on the results 
of the study required by subsection (a).

SEC. 334. STUDY ON COAL-TO-LIQUID FUELS.

    (a) Study Required.--The Secretary of Defense shall conduct a study 
on alternatives to reduce the life cycle emissions of coal-to-liquid 
fuels and potential uses of coal-to-liquid fuels to meet the 
Department's mobility energy requirements.
    (b) Matters Examines.--The study shall examine, at a minimum, the 
following:
            (1) The potential clean energy alternatives for powering 
        the conversion processes, including nuclear, solar, and wind 
        energies.
            (2) The alternatives for reducing carbon emissions during 
        the conversion processes.
            (3) The military utility of coal-to-liquid fuels for 
        military operations and for use by expeditionary forces 
        compared with the military utility and life cycle emissions of 
        mobile, in-theater synthetic fuel processes.
    (c) Use of Federally Funded Research and Development Center.--The 
Secretary of Defense shall select a federally funded research and 
development center to perform the study required by subsection (a).
    (d) Report.--Not later than March 1, 2009, the federally funded 
research and development center shall submit to the congressional 
defense committees and the Secretary of Defense a report on the results 
of the study required by subsection (a).

                          Subtitle E--Reports

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

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

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

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

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

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

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

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

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

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

SEC. 346. REPORT ON OPTIONS FOR PROVIDING REPAIR CAPABILITIES TO 
              SUPPORT SHIPS OPERATING NEAR GUAM.

    (a) Report Required.--Not later than March 1, 2009, the Secretary 
of the Navy shall submit to the committees on Armed Services of the 
Senate and House of Representatives a report on the best option or 
combination of options for providing voyage repair capabilities to 
support all United States Navy ships operating at or near Guam.
    (b) Contents of Report.--The report required under subsection (a) 
shall include each of the following:
            (1) The Secretary's estimate, based on the quantitative 
        data determined to be most appropriate by the Secretary, of the 
        requirements for voyage repairs for all United States Navy 
        vessels operating at or near Guam, including--
                    (A) such requirements for ships operated by the 
                Military Sealift Command; and
                    (B) such requirements for United States Navy 
                vessels for which the designated homeport of the vessel 
                is anticipated to become Guam as a result of the 
                realignment of the Armed Forces from Okinawa, Japan, to 
                Guam.
            (2) The recommendations of the Secretary for ensuring that 
        adequate voyage repair capabilities are available for all 
        United States Navy ships operating at or near Guam and an 
        estimate of the amount of time required to implement such 
        capabilities.
            (3) The Secretary's assessment of the benefits and 
        limitations of each option for providing voyage repairs to all 
        United States Navy ships operating at or near Guam and of the 
        anticipated costs and strategic and operational risks 
        associated with each such option.
            (4) A plan and schedule for implementing a course of action 
        to ensure that the required ship repair capability is available 
        by not later than October 31, 2012.

                       Subtitle F--Other Matters

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

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

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

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

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

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

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

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

SEC. 355. SENSE OF CONGRESS THAT AIR SOVEREIGNTY ALERT MISSION SHOULD 
              RECEIVE SUFFICIENT FUNDING AND RESOURCES.

    It is the sense of Congress that--
            (1) since the tragic events of September 11, 2001, the Air 
        National Guard has bravely performed the Air Sovereignty Alert 
        mission to defend the homeland in support of Operation Noble 
        Eagle;
            (2) the Air National Guard continues to serve as the 
        backbone of this vital national security mission;
            (3) the United States Air Force should include full funding 
        for the Air Sovereignty Alert mission in the baseline budget of 
        the Air Force;
            (4) the United States Air Force should program sufficient 
        personnel, equipment, and aircraft resources to the Air 
        National Guard to fully and safely perform the Air Sovereignty 
        Alert mission;
            (5) the capability of Air National Guard aircraft assigned 
        to the Air Sovereignty Alert mission is rapidly deteriorating 
        due to age and may impede the ability of the Air National Guard 
        to protect the homeland;
            (6) by 2015, many of the Air National Guard's fighter 
        aircraft will have exceeded their service life and will be 
        grounded, resulting in a breach of homeland defense, a 
        potential closure of Air National Guard bases, the loss of 
        critical personnel with the accompanying loss of experience and 
        training, and the loss of the fighter capability of the Air 
        National Guard; and
            (7) the United States Air Force should ensure that the Air 
        National Guard and the Air Sovereignty Alert mission are 
        provided with resources, personnel, and aircraft needed to 
        support this critical mission now and in the future.

SEC. 356. REVISION OF CERTAIN AIR FORCE REGULATIONS REQUIRED.

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

SEC. 357. TRANSFER OF C-12 AIRCRAFT TO CALIFORNIA DEPARTMENT OF 
              FORESTRY AND FIRE PROTECTION.

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

SEC. 358. AVAILABILITY OF FUNDS FOR IRREGULAR WARFARE SUPPORT PROGRAM.

    Of the amount appropriated pursuant to an authorization of 
appropriations or otherwise made available for the Joint Improvised 
Explosive Device Defeat Organization for fiscal year 2009, $75,000,000 
shall be available for the Irregular Warfare Support program (program 
element line 0603121D8Z, SO/LIC Advanced Development).

SEC. 359. SENSE OF CONGRESS REGARDING PROCUREMENT AND USE OF MUNITIONS.

    It is the sense of Congress that the Secretary of Defense should--
            (1) in making decisions with respect to procurement of 
        munitions, develop methods to account for the full life-cycle 
        costs of munitions, including the effects of failure rates on 
        the cost of disposal; and
            (2) undertake a review of live-fire practices for the 
        purpose of reducing unexploded ordnance and munitions-
        constituent contamination without impeding military readiness.

SEC. 360. LIMITATION ON OBLIGATION OF FUNDS FOR AIR COMBAT COMMAND 
              MANAGEMENT HEADQUARTERS.

    Of the funds appropriated pursuant to an authorization of 
appropriations or otherwise made available for Operation and 
Maintenance, Air Force, for fiscal year 2009, the amount that may be 
obligated for Air Force Commander, Air Combat Command Management 
Headquarters, Sub-Activity Group 012E, for any fiscal quarter of such 
fiscal year may not exceed 80 percent of the amount of such funds 
obligated for such purpose for the corresponding fiscal quarter of 
fiscal year 2008 until the Secretary of Defense certifies to the 
congressional defense committees that by not later than February 3, 
2009, the Future Year's Defense Plan will include funding for 76 
commonly configured B-52 aircraft.

SEC. 361. INCREASE OF DOMESTIC SOURCING OF MILITARY WORKING DOGS USED 
              BY THE DEPARTMENT OF DEFENSE.

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

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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

              Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                       Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

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

    Section 691(b) of title 10, United States Code, is amended by 
striking paragraphs (1) through (4) and inserting the following new 
paragraphs:
            ``(1) For the Army, 532,400.
            ``(2) For the Navy, 326,323.
            ``(3) For the Marine Corps, 194,000.
            ``(4) For the Air Force, 317,050.''.

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

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

    Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 
2009, the following number of Reserves to be serving on full-time 
active duty or full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, recruiting, 
instructing, or training the reserve components:
            (1) The Army National Guard of the United States, 32,060.
            (2) The Army Reserve, 17,070.
            (3) The Navy Reserve, 11,099.
            (4) The Marine Corps Reserve, 2,261.
            (5) The Air National Guard of the United States, 14,337.
            (6) The Air Force Reserve, 2,733.

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

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

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

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

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

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

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

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

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

              Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

    There is hereby authorized to be appropriated to the Department of 
Defense for military personnel for fiscal year 2009 a total of 
$124,659,768,000. The authorization in the preceding sentence 
supersedes any other authorization of appropriations (definite or 
indefinite) for such purpose for fiscal year 2009.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

Sec. 501. Mandatory separation requirements for regular warrant 
                            officers for length of service.
Sec. 502. Requirements for issuance of posthumous commissions and 
                            warrants.
Sec. 503. Extension of authority to reduce minimum length of active 
                            service required for voluntary retirement 
                            as an officer.
Sec. 504. Increase in authorized number of general officers on active 
                            duty in the Marine Corps.

                Subtitle B--Reserve Component Management

Sec. 511. Extension to all military departments of authority to defer 
                            mandatory separation of military 
                            technicians (dual status).
Sec. 512. Increase in authorized strengths for Marine Corps Reserve 
                            officers on active duty in the grades of 
                            major and lieutenant colonel to meet force 
                            structure requirements.
Sec. 513. Clarification of authority to consider for a vacancy 
                            promotion National Guard officers ordered 
                            to active duty in support of a contingency 
                            operation.
Sec. 514. Increase in mandatory retirement age for certain Reserve 
                            officers.
Sec. 515. Age limit for retention of certain Reserve officers on 
                            active-status list as exception to removal 
                            for years of commissioned service.
Sec. 516. Authority to retain Reserve chaplains and officers in medical 
                            and related specialties until age 68.
Sec. 517. Study and report regarding personnel movements in Marine 
                            Corps Individual Ready Reserve.

         Subtitle C--Joint Qualified Officers and Requirements

Sec. 521. Joint duty requirements for promotion to general or flag 
                            officer.
Sec. 522. Technical, conforming, and clerical changes to joint 
                            specialty terminology.
Sec. 523. Promotion policy objectives for Joint Qualified Officers.
Sec. 524. Length of joint duty assignments.
Sec. 525. Designation of general and flag officer positions on Joint 
                            Staff as positions to be held only by 
                            reserve component officers.
Sec. 526. Treatment of certain service as joint duty experience.

                Subtitle D--General Service Authorities

Sec. 531. Increase in authorized maximum reenlistment term.
Sec. 532. Career intermission pilot program.

                   Subtitle E--Education and Training

Sec. 541. Repeal of prohibition on phased increase in midshipmen and 
                            cadet strength limit at United States Naval 
                            Academy and Air Force Academy.
Sec. 542. Promotion of foreign and cultural exchange activities at 
                            military service academies.
Sec. 543. Compensation for civilian President of Naval Postgraduate 
                            School.
Sec. 544. Increased authority to enroll defense industry employees in 
                            defense product development program.
Sec. 545. Requirement of completion of service under honorable 
                            conditions for purposes of entitlement to 
                            educational assistance for reserve 
                            components members supporting contingency 
                            operations.
Sec. 546. Consistent education loan repayment authority for health 
                            professionals in regular components and 
                            Selected Reserve.
Sec. 547. Increase in number of units of Junior Reserve Officers' 
                            Training Corps.

                      Subtitle F--Military Justice

Sec. 551. Grade of Staff Judge Advocate to the Commandant of the Marine 
                            Corps.
Sec. 552. Standing military protection order.
Sec. 553. Mandatory notification of issuance of military protective 
                            order to civilian law enforcement.
Sec. 554. Implementation of information database on sexual assault 
                            incidents in the Armed Forces.

        Subtitle G--Decorations, Awards, and Honorary Promotions

Sec. 561. Replacement of military decorations.
Sec. 562. Authorization and request for award of Medal of Honor to 
                            Richard L. Etchberger for acts of valor 
                            during the Vietnam War.
Sec. 563. Advancement of Brigadier General Charles E. Yeager, United 
                            States Air Force (retired), on the retired 
                            list.
Sec. 564. Advancement of Rear Admiral Wayne E. Meyer, United States 
                            Navy (retired), on the retired list.
Sec. 565. Award of Vietnam Service Medal to veterans who participated 
                            in Mayaguez rescue operation.

                         Subtitle H--Impact Aid

Sec. 571. Continuation of authority to assist local educational 
                            agencies that benefit dependents of members 
                            of the Armed Forces and Department of 
                            Defense civilian employees.
Sec. 572. Calculation of payments under Department of Education's 
                            Impact Aid program.

                     Subtitle I--Military Families

Sec. 581. Presentation of burial flag.
Sec. 582. Education and training opportunities for military spouses.

                       Subtitle J--Other Matters

Sec. 591. Inclusion of Reserves in providing Federal aid for State 
                            governments, enforcing Federal authority, 
                            and responding to major public emergencies.
Sec. 592. Interest payments on certain claims arising from correction 
                            of military records.
Sec. 593. Extension of limitation on reductions of personnel of 
                            agencies responsible for review and 
                            correction of military records.
Sec. 594. Authority to order Reserve units to active duty to provide 
                            assistance in response to a major disaster 
                            or emergency.
Sec. 595. Senior Military Leadership Diversity Commission.

             Subtitle A--Officer Personnel Policy Generally

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

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

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

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

SEC. 503. EXTENSION OF AUTHORITY TO REDUCE MINIMUM LENGTH OF ACTIVE 
              SERVICE REQUIRED FOR VOLUNTARY RETIREMENT AS AN OFFICER.

    (a) Army.--Section 3911(b)(2) of title 10, United States Code, is 
amended by inserting after ``December 31, 2008,'' the following: ``and 
again during the one-year period beginning on October 1, 2013,''.
    (b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such title is 
amended by inserting after ``December 31, 2008,'' the following: ``and 
again during the one-year period beginning on October 1, 2013,''.
    (c) Air Force.--Section 8911(b)(2) of such title is amended by 
inserting after ``December 31, 2008,'' the following: ``and again 
during the one-year period beginning on October 1, 2013,''.

SEC. 504. INCREASE IN AUTHORIZED NUMBER OF GENERAL OFFICERS ON ACTIVE 
              DUTY IN THE MARINE CORPS.

    (a) Increase.--Section 526(a)(4) of title 10, United States Code, 
is amended by striking ``80'' and inserting ``81''.
    (b) Conforming Amendments Regarding Distribution of Marine General 
Officers.--Section 525 of such title is amended--
            (1) in the first sentence of subsection (a), by striking 
        ``that armed force'' and inserting ``the Army or Air Force, or 
        more than 51 percent of the general officers of the Marine 
        Corps,''; and
            (2) in subsection (b)(2)(B), by striking ``17.5 percent'' 
        and inserting ``19 percent''.

                Subtitle B--Reserve Component Management

SEC. 511. EXTENSION TO ALL MILITARY DEPARTMENTS OF AUTHORITY TO DEFER 
              MANDATORY SEPARATION OF MILITARY TECHNICIANS (DUAL 
              STATUS).

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

SEC. 512. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVE 
              OFFICERS ON ACTIVE DUTY IN THE GRADES OF MAJOR AND 
              LIEUTENANT COLONEL TO MEET FORCE STRUCTURE REQUIREMENTS.

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

----------------------------------------------------------------------------------------------------------------
   ``Marine Corps Reserve:                 Major                  Lieutenant Colonel              Colonel
----------------------------------------------------------------------------------------------------------------
        1,100 .........                             99                            63                     20
        1,200 .........                            103                            67                     21
        1,300 .........                            107                            70                     22
        1,400 .........                            111                            73                     23
        1,500 .........                            114                            76                     24
        1,600 .........                            117                            79                     25
        1,700 .........                            120                            82                     26
        1,800 .........                            123                            85                     27
        1,900 .........                            126                            88                     28
        2,000 .........                            129                            91                     29
        2,100 .........                            132                            94                     30
        2,200 .........                            134                            97                     31
        2,300 .........                            136                            99                     32
        2,400 .........                            138                           101                     33
        2,500 .........                            140                           103                     34
        2,600 .........                            142                           105                  35''.
----------------------------------------------------------------------------------------------------------------

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

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

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

    (a) Selective Service and Property and Fiscal Officers.--Section 
12647 of title 10, United States Code, is amended by striking ``60 
years'' and inserting ``62 years''.
    (b) Certain Reserve Officers in Grades of Major Through Brigadier 
General.--
            (1) Increased age.--Section 14702(b) of such title is 
        amended--
                    (A) in the subsection heading, by striking ``at Age 
                60'' and inserting ``for Age''; and
                    (B) by striking ``subsection (a)(1) or (a)(2).'' 
                and all that follows through the period at the end of 
                the last sentence and inserting the following: 
                ``paragraph (1) or (2) of subsection (a). An officer 
                described in paragraph (1) of such subsection may not 
                be retained under this section after the last day of 
                the month in which the officer becomes 62 years of age. 
                An officer described in paragraph (2) of such 
                subsection may not be retained under this section after 
                the last day of the month in which the officer becomes 
                60 years of age.''.
    (c) Clerical Amendments.--
            (1) Section heading.--The heading of section 14702 of such 
        title is amended to read as follows:
``Sec. 14702. Retention on reserve active-status list of certain 
              officers in the grade of major, lieutenant colonel, 
              colonel, or brigadier general''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 1409 of such title is amended by striking 
        the item relating to section 14702 and inserting the following 
        new item:

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

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

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

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

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

SEC. 517. STUDY AND REPORT REGARDING PERSONNEL MOVEMENTS IN MARINE 
              CORPS INDIVIDUAL READY RESERVE.

    The Secretary of the Navy shall conduct a study to analyze the 
policies and procedures used by the Marine Corps Reserve during fiscal 
years 2001 through 2008 for the movement of personnel in and out of the 
Individual Ready Reserve. Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall submit to the congressional 
defense committees a report containing the results of the study.

         Subtitle C--Joint Qualified Officers and Requirements

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

    (a) In General.--Section 619a of title 10, United States Code, is 
amended
            (1) in subsection (a), by striking ``unless--'' and all 
        that follows through ``the joint specialty'' and inserting 
        ``unless the officer has been designated as a Joint Qualified 
        Officer'';
            ( 2) in subsection (b)--
                    (A) by striking ``paragraph (1) or paragraph (2) of 
                subsection (a), or both paragraphs (1) and (2) of 
                subsection (a),'' in the matter preceding paragraph (1) 
                and inserting ``subsection (a)''; and
                    (B) in paragraph (4), by striking ``within that 
                immediate organization is not less than two years'' and 
                inserting ``is not less than two years and the officer 
                has successfully completed a program of education 
                described in subsections (b) and (c) of section 2155 of 
                this title''; and
            (3) by striking subsection (h).
    (b) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 619a. Eligibility for consideration for promotion: designation 
              as Joint Qualified Officer required before promotion to 
              general or flag grade; exceptions''.
            (2) Table of sections.--The table of sections at the 
        beginning of subchapter II of chapter 36 of such title is 
        amended by striking the item relating to section 619a and 
        inserting the following new item:

``619a. Eligibility for consideration for promotion: designation as 
                            Joint Qualified Officer required before 
                            promotion to general or flag grade; 
                            exceptions.''.

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

    (a) Reference to Joint Qualified Officer.--
            (1) In general.--Subsection (a) of section 661 of title 10, 
        United States Code, is amended in the second sentence by 
        striking ``in such manner as the Secretary of Defense directs'' 
        and inserting ``as a Joint Qualified Officer or in such other 
        manner as the Secretary of Defense directs''.
            (2) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 661. Management policies for Joint Qualified Officers''.
            (3) Table of sections.--The table of sections at the 
        beginning of chapter 38 of such title is amended by striking 
        the item related to section 661 and inserting the following new 
        item:

``661. Management policies for Joint Qualified Officers.''.
    (b) Joint Duty Assignments After Completion of Joint Professional 
Military Education.--Section 663 of title 10, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by striking ``Joint 
                Specialty'' and inserting ``Joint Qualified''; and
                    (B) by striking ``with the joint specialty'' and 
                inserting ``designated as a Joint Qualified Officer''; 
                and
            (2) in subsection (b)(1), by striking ``do not have the 
        joint specialty'' and inserting ``are not designated as a Joint 
        Qualified Officer''.
    (c) Procedures for Monitoring Careers of Joint Qualified 
Officers.--
            (1) In general.--Section 665 of such title is amended--
                    (A) in subsection (a)(1)(A), by striking ``with the 
                joint specialty'' and inserting ``designated as a Joint 
                Qualified Officer''; and
                    (B) in subsection (b)(1), by striking ``with the 
                joint specialty'' and inserting ``designated as a Joint 
                Qualified Officer''.
            (2) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 665. Procedures for monitoring careers of Joint Qualified 
              Officers''.
            (3) Table of sections.--The table of sections at the 
        beginning of chapter 38 of such title is amended by striking 
        the item related to section 665 and inserting the following new 
        item:

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

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

    Section 662 of title 10, United States Code, is amended--
            (1) in subsection (a), by striking ``that--'' and all that 
        follows through ``served in joint duty assignments'' and 
        inserting ``that officers in the grade of major (or in the case 
        of the Navy, lieutenant commander) or above who are designated 
        as a Joint Qualified Officer''; and
            (2) in subsection (b), by striking ``officers who are 
        serving in, or have served in, joint duty assignments, 
        especially with respect to the record of officer selection 
        boards in meeting the objectives of paragraphs (1) and (2) of 
        subsection (a).'' and inserting ``officers in the grades of 
        major (or in the case of the Navy, lieutenant commander) 
        through colonel (or in the case of the Navy, captain) who are 
        designated as a Joint Qualified Officer, especially with 
        respect to the record of officer selection boards in meeting 
        the objective of subsection (a).''.

SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS.

    (a) Service Excluded From Tour Length.--Subsection (d) of section 
664 of title 10, United States Code, is amended--
            (1) in paragraph (1), by striking subparagraph (D) and 
        inserting the following new subparagraph:
                    ``(D) a qualifying reassignment from a joint duty 
                assignment--
                            ``(i) for unusual personal reasons, 
                        including extreme hardship and medical 
                        conditions, beyond the control of the officer 
                        or the armed forces; or
                            ``(ii) to another joint duty assignment 
                        immediately after--
                                    ``(I) the officer was promoted to a 
                                higher grade, if the reassignment was 
                                made because no joint duty assignment 
                                was available within the same 
                                organization that was commensurate with 
                                the officer's new grade; or
                                    ``(II) the officer's position was 
                                eliminated in a reorganization.''; and
            (2) by striking paragraph (3) and inserting the following 
        new paragraph:
            ``(3) Service in a joint duty assignment in a case in which 
        the officer's tour of duty in that assignment brings the 
        officer's accrued service for purposes of subsection (f)(3) to 
        the applicable standard prescribed in subsection (a).''.
    (b) Computing Average Length of Joint Duty Assignments.--Subsection 
(e) of such section is amended by striking paragraph (2) and inserting 
the following new paragraph:
    ``(2) In computing the average length of joint duty assignments for 
purposes of paragraph (1), the Secretary may exclude the following 
service:
            ``(A) Service described in subsection (c).
            ``(B) Service described in subsection (d).
            ``(C) Service described in subsection (f)(6).''.
    (c) Completion of Tour of Duty.--Subsection (f) of such section is 
amended--
            (1) in paragraph (3), by striking ``Cumulative service'' 
        and inserting ``Accrued joint experience'';
            (2) in paragraph (4), by striking ``(except'' and all that 
        follows through ``any time)''; and
            (3) by striking paragraph (6) and inserting the following 
        new paragraph:
            ``(6) A second and subsequent joint duty assignment that is 
        less than the period required under subsection (a), but not 
        less than two years.''.
    (d) Accrued Joint Experience as Full Tour of Duty.--Subsection (g) 
of such section is amended to read as follows:
    ``(g) Accrued Joint Experience.--For the purposes of subsection 
(f)(3), the Secretary of Defense may prescribe, by regulation, certain 
joint experience, such as temporary duty in joint assignments, joint 
individual training, and participation in joint exercises, that may be 
aggregated to equal a full tour of duty. The Secretary shall prescribe 
the regulations with the advice of the Chairman of the Joint Chiefs of 
Staff.''.
    (e) Constructive Credit.--Subsection (h) of such section is 
amended--
            (1) in paragraph (1), by striking ``subsection (f)(1), 
        (f)(2), (f)(4), or (g)(2)'' and inserting ``paragraphs (1), 
        (2), and (4) of subsection (f)''; and
            (2) by striking paragraph (3).
    (f) Repeal of Joint Duty Credit for Certain Joint Task Force 
Assignments.--Such section is further amended by striking subsection 
(i).

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

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

SEC. 526. TREATMENT OF CERTAIN SERVICE AS JOINT DUTY EXPERIENCE.

    (a) Vice Chiefs, Army and Air National Guard.--Section 10506(a)(3) 
of title 10, United States Code is amended--
            (1) by redesignating subparagraphs (C), (D), and (E) as 
        subparagraphs (D), (E), and (F), respectively; and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph (C):
    ``(C) Service of an officer as adjutant general shall be treated as 
joint duty experience for purposes of assignment or promotion to any 
position designated by law as open to a National Guard general 
officer.''.
    (b) Adjutants General and Similar Officers.--The service of an 
officer of the Armed Forces as adjutant general, or as an officer 
(other than adjutant general) of the National Guard of a State who 
performs the duties of adjutant general under the laws of such State, 
shall be treated as joint duty or joint duty experience for purposes of 
any provisions of law required such duty or experience as a condition 
of assignment or promotion.
    (c) Report on Duty in Joint Force Headquarters to Qualify as Joint 
Duty Experience.--Not later than April 1, 2009, the Chief of the 
National Guard Bureau shall, in consultation with the adjutants general 
of the National Guard, submit to the Chairman of the Joint Chiefs of 
Staff and to Congress a report setting forth the recommendations of the 
Chief of the National Guard Bureau as to which duty of officers of the 
National Guard in the Joint Force Headquarters of the National Guard of 
the States should qualify as joint duty or joint duty experience for 
purposes of the provisions of law requiring such duty or experience as 
a condition of assignment or promotion.
    (d) Reports on Joint Education Courses.--Not later than April 1 of 
each of 2009, 2010, and 2011, the Chairman of the Joint Chiefs of Staff 
shall submit to Congress a report setting forth information on the 
joint education courses available through the Department of Defense for 
purposes of the pursuit of joint careers by officers in the Armed 
Forces. Each report shall include, for the preceding year, the 
following:
            (1) A list and description of the joint education courses 
        so available during such year.
            (2) A list and description of the joint education courses 
        listed under paragraph (1) that are available to and may be 
        completed by officers of the reserve components of the Armed 
        Forces in other than an in-resident duty status under title 10 
        or 32, United States Code.
            (3) For each course listed under paragraph (1), the number 
        of officers from each Armed Force who pursued such course 
        during such year, including the number of officers of the Army 
        National Guard, and of the Air National Guard, who pursued such 
        course.
    (e) Memorandum of Understanding Regarding the United States 
Northern Command and Other Combatant Commands.--
            (1) Memorandum required.--Not later than 180 days after the 
        date of the enactment of this Act, the Commander of the United 
        States Northern Command, the Commander of the United States 
        Pacific Command, and the Chief of the National Guard Bureau 
        shall, with the approval of the Secretary of Defense, jointly 
        enter into a memorandum of understanding setting forth the 
        operational relationships, and individual roles and 
        responsibilities, during responses to domestic emergencies 
        among the United States Northern Command, the United States 
        Pacific Command, and the National Guard Bureau.
            (2) Modification.--The Commander of the United States 
        Northern Command, the Commander of the United States Pacific 
        Command, and the Chief of the National Guard Bureau may from 
        time to time modify the memorandum of understanding under this 
        subsection to address changes in circumstances and for such 
        other purposes as the Commander of the United States Northern 
        Command, the Commander of the United States Pacific Command, 
        and the Chief of the National Guard Bureau jointly consider 
        appropriate. Each such modification shall be subject to the 
        approval of the Secretary of Defense.
    (f) Report on Defense of the Homeland.--
            (1) Review.--The Secretary of Defense, in consultation with 
        the Chief of the National Guard Bureau, shall conduct a review 
        of the role of the Department of Defense in the defense of the 
        homeland. In conducting that review, the Secretary shall--
                    (A) assess section II of the Final Report to 
                Congress and the Secretary of Defense of the Commission 
                on the National Guard and Reserves, dated January 31, 
                2008, and titled ``Transforming the National Guard and 
                Reserves into a 21st-Century Operational Force''; and
                    (B) comment on recommendation number 2 under 
                section II of the report described in subparagraph (A).
            (2) Report.--Not later than April 1, 2009, the Secretary of 
        Defense shall issue to the Committee on Armed Services of the 
        Senate and the Committee on Armed Services of the House of 
        Representatives a report on the review.

                Subtitle D--General Service Authorities

SEC. 531. INCREASE IN AUTHORIZED MAXIMUM REENLISTMENT TERM.

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

SEC. 532. CAREER INTERMISSION PILOT PROGRAM.

    (a) Program Authorized.--Chapter 40 of title 10, United States 
Code, is amended by inserting after section 708 the following new 
section:
``Sec. 708a. Career intermission pilot program
    ``(a) Program Authorized.--(1) The Secretary of a military 
department may establish a pilot program under which an officer or 
enlisted member of an armed force under the jurisdiction of the 
Secretary--
            ``(A) is released from active duty for a period not to 
        exceed the period specified in subsection (c)(1) to meet 
        personal or professional needs of the member;
            ``(B) is transferred to the Ready Reserve of that armed 
        force during such period, as provided in subsection (d); and
            ``(C) is returned to active duty at the end of such period, 
        as provided in subsection (c)(2).
    ``(2) The pilot program shall be known as the `Career Intermission 
Pilot Program' (in this section referred to as the `program').
    ``(b) Number of Participants.--No more than 20 officers and 20 
enlisted members of each armed force under the jurisdiction of the 
Secretary of a military department may be selected per year for 
participation in the program.
    ``(c) Maximum Duration of Absence; Return to Active Duty.--(1) The 
period during which a member participating in the program will be 
released from active duty shall be agreed upon by the Secretary 
concerned and the member, but the period may not exceed three years 
from the date of the member's release from active duty.
    ``(2) A member participating in the program shall return to active 
duty at the end of the agreed-upon period or such earlier date as the 
member may request.
    ``(d) Reserve Agreement.--(1) Before being released from active 
duty under the program, a member participating in the program shall--
            ``(A) be appointed or enlisted in the Ready Reserve for the 
        member's armed force; and
            ``(B) enter into an agreement with the Secretary concerned 
        to serve on active duty in a regular or reserve component, as 
        determined by the Secretary, for a period of not less than two 
        months for every month of program participation following the 
        member's return to active duty.
    ``(2) During the period of release from active duty, a member 
participating in the program shall report at least once per month to a 
location designated by the Secretary concerned and be required to 
maintain the job specialty qualifications the member held immediately 
before being released from active duty under the program.
    ``(3) The Secretary of Defense shall issue regulations specifying 
the guidelines regarding the conditions of release that must be 
considered and addressed in the agreement required by this subsection. 
At a minimum, the Secretary shall prescribe the procedures and 
standards to be used to instruct a member on the obligations to be 
assumed by the member under paragraph (2) while the member is released 
from active duty.
    ``(e) Exclusion of Time in Program.--Time spent in the program 
shall not count toward--
            ``(1) determining eligibility for retirement or transfer to 
        the Ready Reserve under chapter 367, 571, 867, or 1223 of this 
        title;
            ``(2) computation of retired or retainer pay under chapter 
        71 or chapter 1223 of this title; or
            ``(3) computation of total years of commissioned service 
        under section 14706 of this title.
    ``(f) Medical and Dental Care.--While a member is participating in 
the program, the member shall remain entitled to medical and dental 
care on the same basis as a member of the armed forces on active duty, 
and dependents of a member participating in the program shall remain 
entitled to medical and dental care on the same basis as the dependents 
of a member of the armed forces on active duty.
    ``(g) Promotion Eligibility.--(1) An officer participating in the 
program shall not be eligible for consideration for promotion under 
chapter 36 or 1405 of this title during the period of the officer's 
release from active duty. Upon return to active duty--
            ``(A) the officer's date of rank shall be adjusted to a 
        later date under regulations prescribed by the Secretary of 
        Defense; and
            ``(B) the officer shall be eligible for consideration for 
        promotion when officers of the same competitive category, 
        grade, and seniority are eligible for consideration.
    ``(2) An enlisted member participating in the program is ineligible 
for consideration for promotion during the period of the member's 
release from active duty and until such time after the member's return 
to active duty when the member becomes eligible for promotion by reason 
of time in grade and such other requirements as may be specified in 
regulations.
    ``(h) Basic Pay.--For each month during which a member is released 
from active duty under the program, the member is entitled to two times 
one-thirtieth of the basic pay to which the member would be otherwise 
entitled based on grade and years of service if the member remained on 
active duty.
    ``(i) Travel and Transportation Allowances.--(1) Notwithstanding 
any other provision of law, a member participating in the program is 
entitled to the travel and transportation allowances under section 404 
of title 37 for travel--
            ``(A) performed from the member's location, at the time of 
        the member's release from active duty under the program, to the 
        location in the United States designated as the member's 
        permanent residence; and
            ``(B) performed in connection with the member's return to 
        active duty.
    ``(2) An allowance will be paid under this subsection for travel to 
and from only one residence.
    ``(j) Special and Incentive Pays and Bonuses.--While released from 
active duty under the program, a member may not receive any special or 
incentive pay or bonus under chapter 5 of title 37 to which the member 
would otherwise be entitled. When the member returns to active duty 
after the period of participation in the program, the member shall 
receive all of the special and incentive pays that the member was 
receiving before being released from active duty and for which the 
member remains qualified to receive upon the return to active duty.
    ``(k) Duration of Program Authority.--The authority to conduct the 
program commences on January 1, 2009, and no member may be released 
from active duty under the program after December 31, 2014.''.
    (b) Exclusion From Computation of Reserve Officer's Total Years of 
Service.--Section 14706(a) of such title is amended by adding at the 
end the following new paragraph:
            ``(4) Service while participating in the Career 
        Intermission Pilot Program under section 708a of this title.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 40 of such title is amended by inserting after the item 
relating to section 708 the following new item:

``708a. Career intermission pilot program.''.

                   Subtitle E--Education and Training

SEC. 541. REPEAL OF PROHIBITION ON PHASED INCREASE IN MIDSHIPMEN AND 
              CADET STRENGTH LIMIT AT UNITED STATES NAVAL ACADEMY AND 
              AIR FORCE ACADEMY.

    (a) Naval Academy.--Section 6954(h)(1) of title 10, United States 
Code, is amended by striking the last sentence.
    (b) Air Force Academy.--Section 9342(j)(1) of title 10, United 
States Code, is amended by striking the last sentence.

SEC. 542. PROMOTION OF FOREIGN AND CULTURAL EXCHANGE ACTIVITIES AT 
              MILITARY SERVICE ACADEMIES.

    (a) United States Military Academy.--
            (1) In general.--Chapter 403 of title 10, United States 
        Code, is amended by inserting after section 4345 the following 
        new section:
``Sec. 4345a. Foreign and cultural exchange activities
    ``(a) Attendance Authorized.--The Secretary of the Army may 
authorize the Academy to permit students, officers, and other 
representatives of a foreign country to attend the Academy for periods 
of not more than two weeks if the Secretary determines that the 
attendance of such persons contributes significantly to the development 
of foreign language, cross cultural interactions and understanding, and 
cultural immersion of cadets.
    ``(b) Costs and Expenses.--The Secretary may pay the travel, 
subsistence, and similar personal expenses of persons incurred to 
attend the Academy under subsection (a).
    ``(c) Effect of Attendance.--Persons attending the Academy under 
subsection (a) are not considered to be students enrolled at the 
Academy and are in addition to persons receiving instruction at the 
Academy under section 4344 or 4345 of this title.
    ``(d) Source of Funds; Limitation.--(1) The Academy shall bear the 
costs of the attendance of persons under subsection (a) from funds 
appropriated for the Academy and from such additional funds as may be 
available to the Academy from a source, other than appropriated funds, 
to support cultural immersion, regional awareness, or foreign language 
training activities in connection with their attendence.
    ``(2) Expenditures from appropriated funds in support of activities 
under this section may not exceed $40,000 during any fiscal year.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 4345 the following new item:

``4345a. Foreign and cultural exchange activities.''.
    (b) Naval Academy.--
            (1) In general.--Chapter 603 of title 10, United States 
        Code, is amended by inserting after section 6957a the following 
        new section:
``Sec. 6957b. Foreign and cultural exchange activities
    ``(a) Attendance Authorized.--The Secretary of the Navy may 
authorize the Naval Academy to permit students, officers, and other 
representatives of a foreign country to attend the Naval Academy for 
periods of not more than two weeks if the Secretary determines that the 
attendance of such persons contributes significantly to the development 
of foreign language, cross cultural interactions and understanding, and 
cultural immersion of midshipmen.
    ``(b) Costs and Expenses.--The Secretary may pay the travel, 
subsistence, and similar personal expenses of persons incurred to 
attend the Naval Academy under subsection (a).
    ``(c) Effect of Attendance.--Persons attending the Naval Academy 
under subsection (a) are not considered to be students enrolled at the 
Naval Academy and are in addition to persons receiving instruction at 
the Naval Academy under section 6957 or 6957a of this title.
    ``(d) Source of Funds; Limitation.--(1) The Naval Academy shall 
bear the costs of the attendance of persons under subsection (a) from 
funds appropriated for the Naval Academy and from such additional funds 
as may be available to the Naval Academy from a source, other than 
appropriated funds, to support cultural immersion, regional awareness, 
or foreign language training activities in connection with their 
attendence.
    ``(2) Expenditures from appropriated funds in support of activities 
under this section may not exceed $40,000 during any fiscal year.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 6957a the following new item:

``6957b. Foreign and cultural exchange activities.''.
    (c) Air Force Academy.--
            (1) In general.--Chapter 903 of title 10, United States 
        Code, is amended by inserting after section 9345 the following 
        new section:
``Sec. 9345a. Foreign and cultural exchange activities
    ``(a) Attendance Authorized.--The Secretary of the Air Force may 
authorize the Air Force Academy to permit students, officers, and other 
representatives of a foreign country to attend the Air Force Academy 
for periods of not more than two weeks if the Secretary determines that 
the attendance of such persons contributes significantly to the 
development of foreign language, cross cultural interactions and 
understanding, and cultural immersion of cadets.
    ``(b) Costs and Expenses.--The Secretary may pay the travel, 
subsistence, and similar personal expenses of persons incurred to 
attend the Air Force Academy under subsection (a).
    ``(c) Effect of Attendance.--Persons attending the Air Force 
Academy under subsection (a) are not considered to be students enrolled 
at the Air Force Academy and are in addition to persons receiving 
instruction at the Air Force Academy under section 9344 or 9345 of this 
title.
    ``(d) Source of Funds; Limitation.--(1) The Air Force Academy shall 
bear the costs of the attendance of persons under subsection (a) from 
funds appropriated for the Air Force Academy and from such additional 
funds as may be available to the Air Force Academy from a source, other 
than appropriated funds, to support cultural immersion, regional 
awareness, or foreign language training activities in connection with 
their attendence.
    ``(2) Expenditures from appropriated funds in support of activities 
under this section may not exceed $40,000 during any fiscal year.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 9345 the following new item:

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

SEC. 543. COMPENSATION FOR CIVILIAN PRESIDENT OF NAVAL POSTGRADUATE 
              SCHOOL.

    Section 7042 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c)(1) If the individual holding the position of President of the 
Naval Postgraduate School is a civilian, the Secretary shall pay the 
individual such compensation for the individual's service as President 
as the Secretary prescribes, except that--
            ``(A) basic pay for the President may not exceed the rate 
        of compensation authorized for positions in level I of the 
        Executive Schedule under section 5312 of title 5; and
            ``(B) total aggregate compensation for the President, 
        including bonuses, awards, allowances, or other similar cash 
        payments, may not exceed the total annual compensation payable 
        under section 104 of title 3.
    ``(2) The limitations in section 5373 of title 5 do not apply to 
the authority of the Secretary under this subsection to prescribe the 
salary and other related benefits for the position of President of the 
Naval Postgraduate School.''.

SEC. 544. INCREASED AUTHORITY TO ENROLL DEFENSE INDUSTRY EMPLOYEES IN 
              DEFENSE PRODUCT DEVELOPMENT PROGRAM.

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

SEC. 545. REQUIREMENT OF COMPLETION OF SERVICE UNDER HONORABLE 
              CONDITIONS FOR PURPOSES OF ENTITLEMENT TO EDUCATIONAL 
              ASSISTANCE FOR RESERVE COMPONENTS MEMBERS SUPPORTING 
              CONTINGENCY OPERATIONS.

    (a) Requirement of Honorable Service.--Section 16164(a)(2) of title 
10, United States Code, is amended by striking ``other than 
dishonorable conditions'' and inserting ``honorable conditions''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and apply to 
persons described in section 16163 of title 10, United States Code, who 
separate on or after that date from a reserve component.

SEC. 546. CONSISTENT EDUCATION LOAN REPAYMENT AUTHORITY FOR HEALTH 
              PROFESSIONALS IN REGULAR COMPONENTS AND SELECTED RESERVE.

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

SEC. 547. INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE OFFICERS' 
              TRAINING CORPS.

    (a) Plan for Increase.--The Secretary of Defense, in consultation 
with the Secretaries of the military departments, shall develop and 
implement a plan to establish and support 4,000 Junior Reserve 
Officers' Training Corps units not later than fiscal year 2020.
    (b) Exceptions.--The requirement imposed in subsection (a) shall 
not apply--
            (1) if the Secretary fails to receive an adequate number or 
        requests for Junior Reserve Officers' Training Corps units by 
        public and private secondary educational institutions; or
            (2) during a time of national emergency when the 
        Secretaries of the military departments determine that funding 
        must be allocated elsewhere.
    (c) Cooperation.--The Secretary of Defense, as part of the plan to 
establish and support additional Junior Reserve Officers' Training 
Corps units, shall work with local educational agencies to increase the 
employment in Junior Reserve Officers' Training Corps units of retired 
members of the Armed Forces who are retired under chapter 61 of title 
10, United States Code, especially members who were wounded or injured 
while deployed in a contingency operation.
    (d) Report on Plan.--Upon completion of the plan, the Secretary of 
Defense shall provide a report to the congressional defense committees 
containing, at a minimum, the following:
            (1) A description of how the Secretaries of the military 
        departments expect to achieve the number of units of the Junior 
        Reserve Officers' Training Corps specified in subsection (a), 
        including how many units will be established per year by each 
        service.
            (2) The annual funding necessary to support the increase in 
        units, including the personnel costs associated.
            (3) The number of qualified private and public schools, if 
        any, who have requested a Junior Reserve Officers' Training 
        Corps unit that are on a waiting list.
            (4) Efforts to improve the increased distribution of units 
        geographically across the United States.
            (5) Efforts to increase distribution of units in 
        educationally and economically deprived areas.
            (6) Efforts to enhance employment opportunities for 
        qualified former military members retired for disability, 
        especially those wounded while deployed in a contingency 
        operation.
    (e) Time for Submission.--The plan required under subsection (a), 
along with the report required by subsection (d), shall be submitted to 
the congressional defense committees not later than March 31, 2009. The 
Secretary of Defense shall submit an up-dated report annually 
thereafter until the number of units of the Junior Reserve Officers' 
Training Corps specified in subsection (a) is achieved.
    (f) Additional Curriculum Element.--The Secretary of each military 
department shall develop and implement a segment of the Junior Reserve 
Officers' Training Corps curriculum that includes the contribution and 
defense historiography of gender and ethnic specific groups.

                      Subtitle F--Military Justice

SEC. 551. GRADE OF STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE 
              CORPS.

    Section 5046(a) of title 10, United States Code, is amended by 
striking the last sentence and inserting the following new sentence: 
``The Staff Judge Advocate to the Commandant of the Marine Corps, while 
so serving, has the grade of major general.''.

SEC. 552. STANDING MILITARY PROTECTION ORDER.

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

``SEC. 1567. STANDING MILITARY PROTECTIVE ORDER.

    ``The issuance of a military protective order by a military 
commander shall be deemed a standing order until--
            ``(1) the allegation prompting the protective order is 
        resolved by investigation, courts martial, or other command 
        determined adjudication; or
            ``(2) the military commander issues a new order.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``1567. Standing military protective order.''.

SEC. 553. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE 
              ORDER TO CIVILIAN LAW ENFORCEMENT.

    (a) In General.--Chapter 80 of title 10, United States Code, is 
amended by inserting after section 1567, as added by section 552, the 
following new section:

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

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

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

SEC. 554. IMPLEMENTATION OF INFORMATION DATABASE ON SEXUAL ASSAULT 
              INCIDENTS IN THE ARMED FORCES.

    (a) Database Required.--The Secretary of Defense shall implement a 
centralized, case-level database for the collection, in a manner 
consistent with Department of Defense regulations for restricted 
reporting, and maintenance of information regarding sexual assaults 
involving a member of the Armed Forces, including information, if 
available, about the nature of the assault, the victim, the offender, 
and the outcome of any legal proceedings in connection with the 
assault.
    (b) Availability of Database.--The database shall be available to 
personnel of the Sexual Assault Prevention and Response Office of the 
Department of Defense.
    (c) Implementation.--
            (1) Plan for implementation.--Not later than 90 days after 
        the date of the enactment of this Act, the Secretary of Defense 
        shall submit to the congressional defense committees a plan to 
        provide for the implementation of the database.
            (2) Completion.--Not later than 15 months after the date of 
        enactment of this Act, the Secretary shall complete 
        implementation of the database.
    (d) Reports.--The database shall be used to develop and implement 
congressional reports, as required by--
            (1) section 577(f) of the Ronald W. Reagan National Defense 
        Authorization Act for Fiscal Year 2005 (Public Law 108-375);
            (2) section 596(c) of the National Defense Authorization 
        Act for Fiscal Year 2006 (Public Law 109-163);
            (3) section 532 of the John Warner National Defense 
        Authorization Act for Fiscal Year 2007 (Public Law 109-364); 
        and
            (4) sections 4361, 6980, and 9361 of title 10, United 
        States Code.
    (e) Terminology.--Section 577(b) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) is 
amended by adding at the end the following new paragraph:
            ``(12) The Secretary shall implement clear, consistent, and 
        streamlined sexual assault terminology for use across the 
        Department of Defense, to include a clear definition of the 
        following terms:
                    ``(A) Restricted reports.
                    ``(B) Unrestricted reports.
                    ``(C) Substantiated reports.''.

        Subtitle G--Decorations, Awards, and Honorary Promotions

SEC. 561. REPLACEMENT OF MILITARY DECORATIONS.

    (a) Replacement Required.--Chapter 57 of title 10, United States 
Code, is amended by adding at the end the following new section:
``Sec. 1135. Replacement of military decorations
    ``(a) Replacement.--In addition to other authorities available to 
the Secretary concerned to replace a military decoration, the Secretary 
concerned shall replace, on a one-time basis and without charge, a 
military decoration upon the request of the recipient of the military 
decoration or the immediate next of kin of a deceased recipient.
    ``(b) Exception.--Subsection (a) does not apply to the medal of 
honor.
    ``(c) Military Decoration Defined.--In this section, the term 
`decoration' means any decoration or award that may be presented or 
awarded to a member of the armed forces.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

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

SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO 
              RICHARD L. ETCHBERGER FOR ACTS OF VALOR DURING THE 
              VIETNAM WAR.

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

SEC. 563. ADVANCEMENT OF BRIGADIER GENERAL CHARLES E. YEAGER, UNITED 
              STATES AIR FORCE (RETIRED), ON THE RETIRED LIST.

    (a) Advancement.--Brigadier General Charles E. Yeager, United 
States Air Force (retired), is entitled to hold the rank of major 
general while on the retired list of the Air Force.
    (b) Additional Benefits Not To Accrue.--The advancement of Charles 
E. Yeager on the retired list of the Air Force under subsection (a) 
shall not affect the retired pay or other benefits from the United 
States to which Charles E. Yeager is now or may in the future be 
entitled based upon his military service or affect any benefits to 
which any other person may become entitled based on his service.

SEC. 564. ADVANCEMENT OF REAR ADMIRAL WAYNE E. MEYER, UNITED STATES 
              NAVY (RETIRED), ON THE RETIRED LIST.

    (a) Advancement Authorized.--The President is authorized and 
requested to appoint, by and with the advice and consent of the Senate, 
Rear Admiral Wayne E. Meyer, United States Navy (retired), to the grade 
of vice admiral on the retired list of the Navy.
    (b) Additional Benefits Not To Accrue.--The advancement of Wayne E. 
Meyer on the retired list of the Navy under subsection (a) shall not 
affect the retired pay or other benefits from the United States to 
which Wayne E. Meyer is now or may in the future be entitled based upon 
his military service or affect any benefits to which any other person 
may become entitled based on his service.

SEC. 565. AWARD OF VIETNAM SERVICE MEDAL TO VETERANS WHO PARTICIPATED 
              IN MAYAGUEZ RESCUE OPERATION.

    (a) In General.--The Secretary of the military department concerned 
shall, upon the application of an individual who is an eligible 
veteran, award that individual the Vietnam Service Medal, 
notwithstanding any otherwise applicable requirements for the award of 
that medal. Any such award shall be made in lieu of any Armed Forces 
Expeditionary Medal awarded the individual for the individual's 
participation in the Mayaguez rescue operation.
    (b) Eligible Veteran.--For purposes of this section, the term 
``eligible veteran'' means a member or former member of the Armed 
Forces who was awarded the Armed Forces Expeditionary Medal for 
participation in military operations known as the Mayaguez rescue 
operation of May 12-15, 1975.

                         Subtitle H--Impact Aid

SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL 
              AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED 
              FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

    (a) Assistance to Schools With Significant Numbers of Military 
Dependent Students.--Of the amount authorized to be appropriated 
pursuant to section 301(5) for operation and maintenance for Defense-
wide activities, $50,000,000 shall be available only for the purpose of 
providing assistance to local educational agencies under subsection (a) 
of section 572 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C. 7703b).
    (b) Assistance to Schools With Enrollment Changes Due to Base 
Closures, Force Structure Changes, or Force Relocations.--Of the amount 
authorized to be appropriated pursuant to section 301(5) for operation 
and maintenance for Defense-wide activities, $15,000,000 shall be 
available only for the purpose of providing assistance to local 
educational agencies under subsection (b) of such section 572.
    (c) Local Educational Agency Defined.--In this section, the term 
``local educational agency'' has the meaning given that term in section 
8013(9) of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7713(9)).

SEC. 572. CALCULATION OF PAYMENTS UNDER DEPARTMENT OF EDUCATION'S 
              IMPACT AID PROGRAM.

    Paragraph (2) of section 8003(c) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7703(c)) is amended to read as 
follows:
            ``(2) Exception.--Calculation of payments for a local 
        educational agency shall be based on data from the fiscal year 
        for which the agency is making an application for payment--
                    ``(A) if such agency is newly established by a 
                State (first year of operation only); or
                    ``(B) if--
                            ``(i) such agency was eligible to receive a 
                        payment under this section in the previous 
                        fiscal year;
                            ``(ii) such agency has had an overall 
                        increase (as determined by the Secretary of 
                        Education in consultation with the Secretary of 
                        Defense, the Secretary of Interior, or other 
                        Federal agencies) of not less than 100 students 
                        or 10 percent as described in--
                                    ``(I) subparagraphs (A), (B), and 
                                (D) of subsection (a)(1); or
                                    ``(II) subparagraphs (C), (E), (F) 
                                and (G) of subsection (a)(1) if those 
                                children described in subparagraphs 
                                (C), (E), (F) and (G) are civilian 
                                dependents of employees of the 
                                Department of Defense; and
                            ``(iii) such increase occurred during the 
                        period between the end of the school year 
                        preceding the fiscal year for which the 
                        application is being made and the beginning of 
                        the school year immediately preceding that 
                        fiscal year as the result of closure or 
                        realignment of military installations under the 
                        base closure process or the relocation of 
                        members of the Armed Forces and civilian 
                        employees of the Department of Defense as part 
                        of force structure changes or movements of 
                        units or personnel between military 
                        installations.''.

                     Subtitle I--Military Families

SEC. 581. PRESENTATION OF BURIAL FLAG.

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

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

    (a) Employment and Career Opportunities for Spouses.--Subchapter I 
of chapter 88 of title 10, United States Code, is amended by inserting 
after section 1784 the following new section:
``Sec. 1784a. Education and training opportunities for military spouses 
              to expand employment and career opportunities
    ``(a) Programs and Tuition Assistance.--(1) The Secretary of 
Defense may establish programs to assist the spouse of a member of the 
armed forces described in subsection (b) in achieving--
            ``(A) the education and training required for a degree or 
        credential at an accredited college, university, or technical 
        school in the United States that expands employment and career 
        opportunities for the spouse; or
            ``(B) the education prerequisites and professional 
        licensure or credential required, by a government or government 
        sanctioned licensing body, for an occupation that expands 
        employment and career opportunities for the spouse.
    ``(2) As an alternative to, or in addition to, establishing a 
program under this subsection, the Secretary may provide tuition 
assistance to an eligible spouse who is pursuing education, training, 
or a license or credential to expand the spouse's employment and career 
opportunities.
    ``(b) Eligible Spouses.--Assistance under this section is limited 
to a spouse of a member of the armed forces who is serving on active 
duty.
    ``(c) Exceptions.--Subsection (b) does not include--
            ``(1) a person who is married to, but legally separated 
        from, a member of the armed forces under court order or statute 
        of any State or territorial possession of the United States; 
        and
            ``(2) a spouse of a member of the armed forces who is also 
        a member of the armed forces.
    ``(d) Regulations.--The Secretary of Defense shall prescribe 
regulations to govern the availability and use of assistance under this 
section. The Secretary shall ensure that programs established under 
this section do not result in inequitable treatment for spouses of 
members of the armed forces who are also members, since they are 
excluded from participation in the programs under subsection (c)(2).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after the item relating to 
section 1784 the following new item:

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

                       Subtitle J--Other Matters

SEC. 591. INCLUSION OF RESERVES IN PROVIDING FEDERAL AID FOR STATE 
              GOVERNMENTS, ENFORCING FEDERAL AUTHORITY, AND RESPONDING 
              TO MAJOR PUBLIC EMERGENCIES.

    (a) Federal Aid for State Governments.--Section 331 of title 10, 
United States Code, is amended by striking ``armed forces, as he'' and 
inserting ``armed forces (including units and members of the Army 
Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, and 
Coast Guard Reserve ordered to active duty for this purpose), as the 
President''.
    (b) Enforcement of Federal Authority.--Section 332 of such title is 
amended--
            (1) by striking ``he may'' and inserting ``the President 
        may''; and
            (2) by striking ``armed forces, as he'' and inserting 
        ``armed forces (including units and members of the Army 
        Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, 
        and Coast Guard Reserve ordered to active duty for this 
        purpose), as the President''.
    (c) Response to Public Emergencies.--Section 333(a)(1) of such 
title is amended by inserting after ``Federal service'' the following: 
``and units and members of the Army Reserve, Navy Reserve, Air Force 
Reserve, Marine Corps Reserve, and Coast Guard Reserve ordered to 
active duty for this purpose''.

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

    (a) Interest Payable on Claims.--Subsection (c) of section 1552 of 
title 10, United States Code, is amended by adding at the end the 
following new paragraph:
    ``(4) If the correction of military records under this section 
involves setting aside a conviction by court-martial, the payment of a 
claim under this subsection in connection with the correction of the 
records shall include interest at not less than the rate of interest in 
effect under section 1035 of this title at the time the payment is 
made. The interest shall be calculated on an annual basis, and 
compounded, using the amount of the lost pay, allowances, compensation, 
emoluments, or other pecuniary benefits involved, and the amount of any 
fine or forfeiture paid, beginning from the date of the conviction 
through the date on which the payment is made.''.
    (b) Conforming Amendment Regarding Corrections Board Authority To 
Overturn Convictions.--Subsection (f) of such section is amended by 
inserting ``convened after May 4, 1950, and'' after ``court-martial 
cases''.
    (c) Clerical Amendments.--Subsection (c) of such section is further 
amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively;
            (2) by inserting ``(1)'' after ``(c)'';
            (3) by striking ``If the claimant'' and inserting the 
        following:
    ``(2) If the claimant''; and
            (4) by striking ``A claimant's acceptance'' and inserting 
        the following:
    ``(3) A claimant's acceptance''.
    (d) Retroactive Effectiveness of Amendments.--The amendment made by 
subsection (a) shall apply with respect to any sentence of a court-
martial set aside by a Corrections Board on or after October 1, 2007, 
when the Corrections Board includes an order or recommendation for the 
payment of a claim for the loss of pay, allowances, compensation, 
emoluments, or other pecuniary benefits, or for the repayment of a fine 
or forfeiture, that arose as a result of the conviction. In this 
subsection, the term ``Corrections Board'' has the meaning given that 
term in section 1557 of title 10, United States Code.

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

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

SEC. 594. AUTHORITY TO ORDER RESERVE UNITS TO ACTIVE DUTY TO PROVIDE 
              ASSISTANCE IN RESPONSE TO A MAJOR DISASTER OR EMERGENCY.

    Section 12304(b) of title 10, United States Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by inserting ``(1)'' before ``The authority''; and
            (3) by adding at the end the following new paragraph:
    ``(2) The authority under subsection (a) includes authority to 
order any unit of the Selected Reserve of the Army Reserve, Navy 
Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard 
Reserve to active duty to provide assistance in responding to a major 
disaster or emergency (as those terms are defined in section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122)).''.

SEC. 595. SENIOR MILITARY LEADERSHIP DIVERSITY COMMISSION.

    (a) Establishment of Commission.--
            (1) In general.--There is hereby established a commission 
        to be known as the ``Senior Military Leadership Diversity 
        Commission''.
    (b) Composition.--
            (1) Membership.--The commission shall be composed of 23 
        members, as follows:
                    (A) The Director of the Defense Manpower Management 
                Center.
                    (B) The Director of the Defense Equal Opportunity 
                Management Institute.
                    (C) 1 senior military leader from each of the Army, 
                Navy, Air Force, and Marine Corps who serves or has 
                served in a leadership position with either a military 
                department command or combatant command shall be 
                appointed by the Secretary of Defense.
                    (D) 1 retired general or flag officer from each of 
                the Army, Navy, Air Force, and Marine Corps shall be 
                appointed by the Secretary of Defense.
                    (E) 1 retired senior noncommissioned officer from 
                each of the Army, Navy, Air Force, and Marine Corps 
                shall be appointed by the Secretary of Defense.
                    (F) 5 retired senior officers who served in 
                leadership positions with either a military department 
                command or combatant command shall be appointed by the 
                Secretary of Defense, of which no less than 3 shall 
                represent the views of minority veterans.
                    (G) 4 individuals with expertise in cultivating 
                diverse leaders in private or non-profit organizations 
                shall be appointed by the Secretary of Defense.
            (2) Chairman.--The Secretary of Defense shall designate one 
        member described in paragraphs (1)(F) or (1)(G) as chairman of 
        the commission.
            (3) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the commission. Any vacancy in the 
        commission shall be filled in the same manner as the original 
        appointment.
            (4) Deadline for appointment.--All members of the 
        commission shall be appointed not later than 60 days after the 
        date of the enactment of this Act.
            (5) Quorum.--12 members of the commission shall constitute 
        a quorum but a lesser number may hold hearings.
    (c) Meetings.--
            (1) Initial meeting.--The commission shall conduct its 
        first meeting not later than 30 days after the date on which a 
        majority of the appointed members of the commission have been 
        appointed.
            (2) Meetings.--The commission shall meet at the call of the 
        chairman.
    (d) Duties.--
            (1) Study.--The commission shall study the diversity within 
        the senior leadership of the Armed Forces. The study shall be a 
        comprehensive evaluation and assessment of policies that 
        provide opportunities for the advancement of minority members 
        of the Armed Forces.
            (2) Scope of study.--In carrying out the study, the 
        commission shall examine the following:
                    (A) Efforts to develop and maintain diverse 
                leadership at all levels of the Armed Forces.
                    (B) The successes and failures of developing and 
                maintaining a diverse leadership, particularly at the 
                general and flag officer positions.
                    (C) The effect of expanding Department of Defense 
                secondary educational programs to diverse civilian 
                populations, to include service academy preparatory 
                schools.
                    (D) The ability of current recruitment and 
                retention practices to attract and maintain a diverse 
                pool of qualified individuals in sufficient numbers in 
                officer pre-commissioning programs.
                    (E) The ability of current activities to increase 
                continuation rates for ethnic and gender specific 
                members of the Armed Forces.
                    (F) The benefits of conducting an annual conference 
                attended by civilian military, active-duty and retired 
                military, and corporate leaders on diversity, to 
                include a review of current policy and the annual 
                demographic data from the Defense Equal Opportunity 
                Management Institute.
                    (G) The status of prior recommendations made to the 
                Department of Defense and to Congress concerning 
                diversity initiatives within the Armed Forces.
                    (H) The incorporation of private sector practices 
                that have been successful in cultivating diverse 
                leadership.
                    (I) The establishment and maintenance of fair 
                promotion and command opportunities for ethnic and 
                gender specific members of the Armed Forces at the O-5 
                grade level and above.
                    (J) An assessment of pre-command billet assignments 
                of ethnic-specific members of the Armed Forces.
                    (K) An assessment of command selection of ethnic-
                specific members of the Armed Forces.
            (3) Consultation with private parties.--In carrying out the 
        study under this subsection, the commission may consult with 
        appropriate private, for profit, and non-profit organizations 
        and advocacy groups to learn methods for developing, 
        implementing, and sustaining senior diverse leadership within 
        the Department of Defense.
    (e) Reports.--
            (1) In general.--Not later than 12 months after the date on 
        which the commission first meets, the commission shall submit 
        to the President and Congress a report on the study. The report 
        shall include the following:
                    (A) the findings and conclusions of the commission;
                    (B) the recommendations of the commission for 
                improving diversity within the Department of Defense; 
                and
                    (C) other information and recommendations the 
                commission considers appropriate.
            (2) Interim reports.--The commission may submit to the 
        President and Congress interim reports as the Commission 
        considers appropriate.
    (f) Powers of the Commission.--
            (1) Hearings.--The commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the commission considers appropriate.
            (2) Information from federal agencies.--Upon request by the 
        chairman of the commission, any department or agency of the 
        Federal Government may provide information that the commission 
        considers necessary to carry out its duties.
    (h) Termination of Commission.--The commission shall terminate 60 
days after the date on which the commission submits the report under 
subsection (e)(1).

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2009 increase in military basic pay.
Sec. 602. Permanent prohibition on charges for meals received at 
                            military treatment facilities by members 
                            receiving continuous care.
Sec. 603. Equitable treatment of senior enlisted members in computation 
                            of basic allowance for housing.
Sec. 604. Increase in maximum authorized payment or reimbursement 
                            amount for temporary lodging expenses.
Sec. 605. Availability of portion of a second family separation 
                            allowance for married couples with 
                            dependents.
Sec. 606. Stabilization of pay and allowances for senior enlisted 
                            members and warrant officers appointed as 
                            officers and officers reappointed in a 
                            lower grade.
Sec. 607. Extension of authority for income replacement payments for 
                            reserve component members experiencing 
                            extended and frequent mobilization for 
                            active duty service.
Sec. 608. Guaranteed pay increase for members of the Armed Forces of 
                            one-half of one percentage point higher 
                            than Employment Cost Index.

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Increased weight allowance for transportation of baggage and 
                            household effects for certain enlisted 
                            members.
Sec. 632. Additional weight allowance for transportation of materials 
                            associated with employment of a member's 
                            spouse or community support volunteer or 
                            charity activities.
Sec. 633. Transportation of family pets during evacuation of 
                            nonessential personnel.

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Equity in computation of disability retired pay for reserve 
                            component members wounded in action.
Sec. 642. Effect of termination of subsequent marriage on payment of 
                            Survivor Benefit Plan annuity to surviving 
                            spouse or former spouse who previously 
                            transferred annuity to dependent children.
Sec. 643. Extension to survivors of certain members who die on active 
                            duty of special survivor indemnity 
                            allowance for persons affected by required 
                            Survivor Benefit Plan annuity offset for 
                            dependency and indemnity compensation.
Sec. 644. Election to receive retired pay for non-regular service upon 
                            retirement for service in an active reserve 
                            status performed after attaining 
                            eligibility for regular retirement.
Sec. 645. Recomputation of retired pay and adjustment of retired grade 
                            of Reserve retirees to reflect service 
                            after retirement.
Sec. 646. Correction of unintended reduction in survivor benefit plan 
                            annuities due to phased elimination of two-
                            tier annuity computation and supplemental 
                            annuity.
Sec. 647. Presumption of death for participants in Survivor Benefit 
                            Plan in missing status.

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

Sec. 651. Use of commissary stores surcharges derived from temporary 
                            commissary initiatives for reserve 
                            components and retired members.
Sec. 652. Requirements for private operation of commissary store 
                            functions.
Sec. 653. Additional exception to limitation on use of appropriated 
                            funds for Department of Defense golf 
                            courses.
Sec. 654. Enhanced enforcement of prohibition on sale or rental of 
                            sexually explicit material on military 
                            installations.
Sec. 655. Requirement to buy military decorations, ribbons, badges, 
                            medals, insignia, and other uniform 
                            accouterments produced in the United 
                            States.
Sec. 656. Use of appropriated funds  to pay post allowances or overseas 
                            cost of living allowances to 
                            nonappropriated fund instrumentality 
                            employees serving overseas.
Sec. 657. Study regarding sale of alcoholic wine and beer in commissary 
                            stores in addition to exchange stores.

                       Subtitle F--Other Matters

Sec. 661. Bonus to encourage Army personnel and other persons to refer 
                            persons for enlistment in the Army.
Sec. 662. Continuation of entitlement to bonuses and similar benefits 
                            for members of the uniformed services who 
                            die, are separated or retired for 
                            disability, or meet other criteria.
Sec. 663. Providing injured members of the Armed Forces information 
                            concerning benefits.

                     Subtitle A--Pay and Allowances

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

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

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

    Section 402(h) of title 37, United States Code, is amended by 
striking paragraph (3).

SEC. 603. EQUITABLE TREATMENT OF SENIOR ENLISTED MEMBERS IN COMPUTATION 
              OF BASIC ALLOWANCE FOR HOUSING.

    Section 403(b)(2) of title 37, United States Code, is amended by 
adding at the end the following new sentence: ``After June 30, 2009, 
the determination of what constitutes adequate housing for members in 
the pay grade E-8 with dependents shall be equivalent to the higher 
standard in effect for members in the pay grade E-9 with dependents.''.

SEC. 604. INCREASE IN MAXIMUM AUTHORIZED PAYMENT OR REIMBURSEMENT 
              AMOUNT FOR TEMPORARY LODGING EXPENSES.

    (a) Increase.--Section 404a(e) of title 37, United States Code, is 
amended by striking ``$180 a day'' and inserting ``$290 a day''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2008.

SEC. 605. AVAILABILITY OF PORTION OF A SECOND FAMILY SEPARATION 
              ALLOWANCE FOR MARRIED COUPLES WITH DEPENDENTS.

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

SEC. 606. STABILIZATION OF PAY AND ALLOWANCES FOR SENIOR ENLISTED 
              MEMBERS AND WARRANT OFFICERS APPOINTED AS OFFICERS AND 
              OFFICERS REAPPOINTED IN A LOWER GRADE.

    (a) In General.--Section 907 of title 37, United States Code, is 
amended to read as follows:
``Sec. 907. Members appointed or reappointed as officers: no reduction 
              in pay and allowances
    ``(a) Stabilization of Pay and Allowances.--A member of the armed 
forces who accepts an appointment or reappointment as an officer 
without a break in service shall, for service as an officer, be paid 
the greater of--
            ``(1) the pay and allowances to which the officer is 
        entitled as an officer; or
            ``(2) the pay and allowances to which the officer would be 
        entitled if the officer were in the last grade the officer held 
        before the appointment or reappointment as an officer.
    ``(b) Covered Pays.--(1) Subject to paragraphs (2) and (3), for the 
purposes of this section, the pay of a grade formerly held by an 
officer described in subsection (a) include special and incentive pays 
under chapter 5 of this title.
    ``(2) In determining the amount of the pay of a grade formerly held 
by an officer, special and incentive pays may be considered only so 
long as the officer continues to perform the duty that creates the 
entitlement to, or eligibility for, that pay and would otherwise be 
eligible to receive that pay in the former grade.
    ``(3) Special and incentive pays that are dependent on a member 
being in an enlisted status may not be considered in determining the 
amount of the pay of a grade formerly held by an officer.
    ``(c) Covered Allowances.--(1) Subject to paragraph (2), for the 
purposes of this section, the allowances of a grade formerly held by an 
officer described in subsection (a) include allowances under chapter 7 
of this title.
    ``(2) The clothing allowance under section 418 of this title may 
not be considered in determining the amount of the allowances of a 
grade formerly held by an officer described in subsection (a) if the 
officer is entitled to a uniform allowance under section 415 of this 
title.
    ``(d) Rates of Pay and Allowances.--For the purposes of this 
section, the rates of pay and allowances of a grade that an officer 
formerly held are those rates that the officer would be entitled to had 
the officer remained in that grade and continued to receive the 
increases in pay and allowances authorized for that grade, as otherwise 
provided in this title or other provisions of law.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17 of such title is amended by striking the item relating to 
section 907 and inserting the following new item:

``907. Members appointed or reappointed as officers: no reduction in 
                            pay and allowances.''.

SEC. 607. EXTENSION OF AUTHORITY FOR INCOME REPLACEMENT PAYMENTS FOR 
              RESERVE COMPONENT MEMBERS EXPERIENCING EXTENDED AND 
              FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE.

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

SEC. 608. GUARANTEED PAY INCREASE FOR MEMBERS OF THE ARMED FORCES OF 
              ONE-HALF OF ONE PERCENTAGE POINT HIGHER THAN EMPLOYMENT 
              COST INDEX.

    Section 1009(c)(2) of title 37, United States Code, is amended by 
striking ``fiscal years 2004, 2005, and 2006'' and inserting ``fiscal 
years 2010 through 2013''.

           Subtitle B--Bonuses and Special and Incentive Pays

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

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

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

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

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

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

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

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

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

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

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

    (a) Accession Bonus.--Paragraph (1) of section 2130a(a) of title 
10, United States Code, is amended--
            (1) by striking ``$10,000'' and inserting ``$20,000''; and
            (2) by striking ``$5,000'' and inserting ``$10,000''.
    (b) Monthly Stipend.--Paragraph (2) of such section is amended by 
striking ``$1,000'' and inserting ``$1,250''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008.

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

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

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

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

SEC. 619. USE OF NEW SKILL INCENTIVE PAY AND PROFICIENCY BONUS 
              AUTHORITIES TO ENCOURAGE TRAINING IN CRITICAL FOREIGN 
              LANGUAGES AND FOREIGN CULTURAL STUDIES.

    (a) Eligibility for Skill Proficiency Bonus.--Subsection (b) of 
section 353 of title 37, United States Code, is amended to read as 
follows:
    ``(b) Skill Proficiency Bonus.--
            ``(1) Availability; eligible persons.--The Secretary 
        concerned may pay a proficiency bonus to a member of a regular 
        or reserve component of the uniformed services who--
                    ``(A) is entitled to basic pay under section 204 of 
                this title or compensation under section 206 of this 
                title or is enrolled in an officer training program; 
                and
                    ``(B) is determined to have, and maintains, 
                certified proficiency under subsection (d) in a skill 
                designated as critical by the Secretary concerned or is 
                in training to acquire proficiency in a critical 
                foreign language or expertise in foreign cultural 
                studies or a related skill designated as critical by 
                the Secretary concerned.
            ``(2) Inclusion of certain senior rotc members.--A 
        proficiency bonus may be paid under this subsection to a 
        student who is enrolled in the Senior Reserve Officers' 
        Training Corps program even though the student is in the first 
        year of the four-year course under the program. During the 
        period covered by the proficiency bonus, the student shall also 
        be entitled to a monthly subsistence allowance under section 
        209(c) of this title even though the student has not entered 
        into an agreement under section 2103a of title 10. However, if 
        the student receives incentive pay under subsection (g)(2) for 
        the same period, the student may receive only a single monthly 
        subsistence allowance under section 209(c) of this title.''.
    (b) Availability of Incentive Pay for Participation in Foreign 
Language Education or Training Programs.--Such section is further 
amended--
            (1) by redesignating subsections (g), (h), and (i) as 
        subsections (h), (i), and (j), respectively; and
            (2) by inserting after subsection (f) the following new 
        subsection (g):
    ``(g) Foreign Language Studies in Officer Training Programs.--
            ``(1) Availability of incentive pay.--The Secretary 
        concerned may pay incentive pay to a person enrolled in an 
        officer training program to also participate in an education or 
        training program to acquire proficiency in a critical foreign 
        language or expertise in foreign cultural studies or a related 
        skill designated as critical by the Secretary concerned.
            ``(2) Inclusion of certain senior rotc members.--Incentive 
        pay may be paid under this subsection to a student who is 
        enrolled in the Senior Reserve Officers' Training Corps program 
        even though the student is in the first year of the four-year 
        course under the program. While the student receives the 
        incentive pay, the student shall also be entitled to a monthly 
        subsistence allowance under section 209(c) of this title even 
        though the student has not entered into an agreement under 
        section 2103a of title 10. However, if the student receives a 
        proficiency bonus under subsection (b)(2) covering the same 
        month, the student may receive only a single monthly 
        subsistence allowance under section 209(c) of this title.
            ``(3) Critical foreign language defined.--In this section, 
        the term `critical foreign language' includes Arabic, Korean, 
        Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian, 
        Russian, Portuguese, or other language designated as critical 
        by the Secretary concerned.''.
    (c) Pilot Program for Foreign Language Proficiency Training for 
Reserve Members.--
            (1) Pilot program required.--The Secretary of Defense shall 
        conduct a pilot program to provide a skill proficiency bonus 
        under section 353(b) of title 37, United States Code, to a 
        member of a reserve component of the uniformed services who is 
        entitled to compensation under section 206 of such title while 
        the member participates in an education or training program to 
        acquire proficiency in a critical foreign language or expertise 
        in foreign cultural studies or a related skill designated as 
        critical under such section 353.
            (2) Duration of pilot program.--The Secretary shall conduct 
        the pilot program during the period beginning on October 1, 
        2008, and ending on December 31, 2013. Incentive pay may not be 
        provided under the pilot program after December 31, 2013.
            (3) Reporting requirement.--Not later than March 31, 2012, 
        the Secretary shall submit to Congress a report containing the 
        results of the pilot program and the recommendations of the 
        Secretary regarding whether to continue or expand the pilot 
        program.
    (d) Expedited Implementation.--Notwithstanding section 662 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 180; 37 U.S.C. 301 note), the Secretary of a 
military department may immediately implement the amendments made by 
subsections (a) and (b) in order to ensure the prompt availability of 
proficiency bonuses and incentive pay under section 353 of title 37, 
United States Code, as amended by such subsections, for persons 
enrolled in officer training programs.

SEC. 620. TEMPORARY TARGETED BONUS AUTHORITY TO INCREASE DIRECT 
              ACCESSIONS OF OFFICERS IN CERTAIN HEALTH PROFESSIONS.

    (a) Designation of Critically Short Wartime Health Specialties.--
For purposes of section 335 of title 37, United States Code, as added 
by section 661 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181), the following health professions are 
designated as a critically short wartime specialty under subsection 
(a)(2) of such section:
            (1) Psychologists who have been awarded a diploma as a 
        Diplomate in Psychology by the American Board of Professional 
        Psychology and are fully licensed and such other mental health 
        practitioners as the Secretary concerned determines to be 
        necessary.
            (2) Registered nurses.
    (b) Special Agreement Authority.--Under the authority provided by 
this section, the Secretary concerned may enter into an agreement under 
subsection (f) of section 335 of title 37, United States Code, to pay a 
health professions bonus under such section to a person who accepts a 
commission or appointment as an officer and whose health profession 
specialty is specified in subsection (a).
    (c) Effective Period.--This section shall take effect on October 1, 
2008. The designations made by subsection (a) and the authority to 
enter into an agreement under subsection (b) expire on September 30, 
2010.

            Subtitle C--Travel and Transportation Allowances

SEC. 631. INCREASED WEIGHT ALLOWANCE FOR TRANSPORTATION OF BAGGAGE AND 
              HOUSEHOLD EFFECTS FOR CERTAIN ENLISTED MEMBERS.

    (a) Allowance.--The table in section 406(b)(1)(C) of title 37, 
United States Code, is amended by striking the items relating to pay 
grades E-5 through E-9 and inserting the following new items:

------------------------------------------------------------------------
      Pay Grade          Without Dependents          With Dependents
------------------------------------------------------------------------
``E-9                 13,500                    15,500
E-8                   12,500                    14,500
E-7                   11,500                    13,500
E-6                   8,500                     11,500
E-5                   7,500                     9,500''.
------------------------------------------------------------------------

    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2008.

SEC. 632. ADDITIONAL WEIGHT ALLOWANCE FOR TRANSPORTATION OF MATERIALS 
              ASSOCIATED WITH EMPLOYMENT OF A MEMBER'S SPOUSE OR 
              COMMUNITY SUPPORT VOLUNTEER OR CHARITY ACTIVITIES.

    (a) Additional Weight Allowance.--Section 406(b)(1) of title 37, 
United States Code, is amended by adding at the end the following new 
subparagraph:
    ``(H) In connection with a change of permanent station of a member, 
the Secretary concerned shall increase the weight allowance otherwise 
applicable under subparagraph (C) for the member by 200 pounds for the 
purpose of facilitating the shipment of materials associated with the 
employment of the member's spouse or community support volunteer or 
charity activities of the member and any dependents of the member.''.

SEC. 633. TRANSPORTATION OF FAMILY PETS DURING EVACUATION OF 
              NONESSENTIAL PERSONNEL.

    Section 406(b)(1) of title 37, United States Code, is amended by 
inserting after subparagraph (H), as added by section 632, the 
following new subparagraph:
    ``(I) In connection with an evacuation from a permanent station 
located in a foreign area, a member is entitled to transportation of 
not more than two family household pets, including shipment and the 
payment of quarantine fees, if any. As an alternative to the provision 
of transportation for the pets, the Secretary concerned may reimburse 
the member or provide a monetary allowance under subparagraph (F) if 
other commercial transportation means are used. A member is not 
entitled to transportation under this subparagraph for horses, 
livestock, or pets weighing in excess of 150 pounds or for animals that 
the Secretary concerned determines are exotic pets or endangered 
species.''.

             Subtitle D--Retired Pay and Survivor Benefits

SEC. 641. EQUITY IN COMPUTATION OF DISABILITY RETIRED PAY FOR RESERVE 
              COMPONENT MEMBERS WOUNDED IN ACTION.

    Section 1208(b) of title 10, United States Code, is amended--
            (1) by striking ``A member'' and inserting ``(1) Except as 
        provided in paragraph (2), a member''; and
            (2) by adding at the end the following new paragraph:
    ``(2) If a member of the uniformed services who is not a member of 
a regular component is retired under this chapter or is placed on the 
temporary disability retired list under this chapter because of a 
disability incurred after the date of the enactment of this paragraph 
for which the member is awarded the Purple Heart, the member shall be 
credited, for the purposes of this chapter, with the number of years of 
service that would be counted if computing the member's years of 
service under section 12732 of this title.''.

SEC. 642. EFFECT OF TERMINATION OF SUBSEQUENT MARRIAGE ON PAYMENT OF 
              SURVIVOR BENEFIT PLAN ANNUITY TO SURVIVING SPOUSE OR 
              FORMER SPOUSE WHO PREVIOUSLY TRANSFERRED ANNUITY TO 
              DEPENDENT CHILDREN.

    Section 1450(b)(3) of title 10, United States Code, is amended by 
adding at the end the following new sentence: ``The payment of an 
annuity to a surviving spouse or former spouse under this paragraph 
shall be resumed even though the surviving spouse or former spouse 
previously transferred the annuity to a child or children under section 
1448(d)(2)(B) of this title if, when the marriage is so terminated, the 
child or children, due to loss of dependent status, death, or other 
cause, are no longer eligible for the annuity under such section.''.

SEC. 643. EXTENSION TO SURVIVORS OF CERTAIN MEMBERS WHO DIE ON ACTIVE 
              DUTY OF SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS 
              AFFECTED BY REQUIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET 
              FOR DEPENDENCY AND INDEMNITY COMPENSATION.

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

SEC. 644. ELECTION TO RECEIVE RETIRED PAY FOR NON-REGULAR SERVICE UPON 
              RETIREMENT FOR SERVICE IN AN ACTIVE RESERVE STATUS 
              PERFORMED AFTER ATTAINING ELIGIBILITY FOR REGULAR 
              RETIREMENT.

    (a) Election Authority; Requirements.--Subsection (a) of section 
12741 of title 10, United States Code, is amended to read as follows:
    ``(a) Authority to Elect to Receive Reserve Retired Pay.--(1) A 
person may elect to receive retired pay under this chapter, instead of 
receiving retired or retainer pay under chapter 65, 367, 571, or 867 of 
this title, if--
            ``(A) the person satisfies the requirements specified in 
        paragraphs (1) and (2) of section 12731(a) of this title for 
        entitlement to retired pay under this chapter;
            ``(B) the person served in an active status in the Selected 
        Reserve of the Ready Reserve after becoming eligible for 
        retirement under chapter 65, 367, 571, or 867 of this title 
        (without regard to whether the person actually retired or 
        received retired or retainer pay under one of those chapters);
            ``(C) the person completed not less than two years of 
        service in such active status (excluding any period of active 
        service); and
            ``(D) the service of the person in such active status is 
        determined by the Secretary concerned to have been 
        satisfactory.
    ``(2) The Secretary concerned may reduce the two-year service 
requirement specified in paragraph (1)(C) in the case of a person who--
            ``(A) completed at least six months of service in a 
        position of adjutant general required under section 314 of 
        title 32 or in a position of assistant adjutant general 
        subordinate to such a position of adjutant general; and
            ``(B) failed to complete the minimum two years of service 
        solely because the appointment of the person to such position 
        was terminated or vacated as described in section 324(b) of 
        title 32.''.
    (b) Actions to Effectuate Election.--Subsection (b) of such section 
is amended by striking paragraph (1) and inserting the following new 
paragraph:
            ``(1) terminate the eligibility of the person to retire 
        under chapter 65, 367, 571, or 867 of this title, if the person 
        is not already retired under one of those chapters, and 
        terminate entitlement of the person to retired or retainer pay 
        under one of those chapters, if the person was already 
        receiving retired or retainer pay under one of those chapters; 
        and''.
    (c) Conforming Amendment To Reflect New Variable Age Requirement 
for Retirement.--Subsection (d) of such section is amended--
            (1) in paragraph (1), by striking ``attains 60 years of 
        age'' and inserting ``attains the eligibility age applicable to 
        the person under section 12731(f) of this title''; and
            (2) in paragraph (2)(A), by striking ``attains 60 years of 
        age'' and inserting ``attains the eligibility age applicable to 
        the person under such section''.
    (d) Repeal of Restriction on Election To Receive Reserve Retired 
Pay.--Section 12731(a) of such title is amended--
            (1) by inserting ``and'' at the end of paragraph (2);
            (2) by striking ``; and'' at the end of paragraph (3) and 
        inserting a period; and
            (3) by striking paragraph (4).
    (e) Clerical Amendments.--
            (1) Section heading.--The heading for section 12741 of such 
        title is amended to read as follows:
``Sec. 12741. Retirement for service in an active status performed in 
              the Selected Reserve of the Ready Reserve after 
              eligibility for regular retirement''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 1223 of such title is amended by striking 
        the item relating to section 12741 and inserting the following 
        new item:

``12741. Retirement for service in an active status performed in the 
                            Selected Reserve of the Ready Reserve after 
                            eligibility for regular retirement.''.
    (f) Retroactive Applicability.--The amendments made by this section 
shall take effect as of January 1, 2008.

SEC. 645. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF RETIRED GRADE 
              OF RESERVE RETIREES TO REFLECT SERVICE AFTER RETIREMENT.

    (a) Recomputation.--Section 10145 of title 10, United States Code, 
is amended by adding at the end the following new subsection:
    ``(e)(1) If a member of the Retired Reserve is recalled to an 
active status under subsection (d) in the Selected Reserve of the Ready 
Reserve and completes not less than two years of service in such active 
status, the member is entitled to--
            ``(A) the recomputation of the retired pay of the member 
        determined under section 12739 of this title; and
            ``(B) in the case of a commissioned officer, an adjustment 
        in the retired grade of the member in the manner provided in 
        section 1370 of this title.
    ``(2) The Secretary concerned may reduce the two-year service 
requirement specified in paragraph (1) in the case of a member who--
            ``(A) is recalled to serve in a position of adjutant 
        general required under section 314 of title 32 or in a position 
        of assistant adjutant general subordinate to such a position of 
        adjutant general;
            ``(B) completes at least six months of service in such 
        position; and
            ``(C) fails to complete the minimum two years of service 
        solely because the appointment of the member to such position 
        is terminated or vacated as described in section 324(b) of 
        title 32.''.
    (b) Retroactive Applicability.--The amendment made by this section 
shall take effect as of January 1, 2008.

SEC. 646. CORRECTION OF UNINTENDED REDUCTION IN SURVIVOR BENEFIT PLAN 
              ANNUITIES DUE TO PHASED ELIMINATION OF TWO-TIER ANNUITY 
              COMPUTATION AND SUPPLEMENTAL ANNUITY.

    Effective as of October 28, 2004, and as if included therein as 
enacted, section 644(c) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
1961; 19 U.S.C. 1450 note) is amended by adding at the end the 
following new paragraph:
            ``(3) Savings provision.--If, as a result of the 
        recomputation of annuities under section 1450 of title 10, 
        United States Code, and supplemental survivor annuities under 
        section 1457 of such title, as required by paragraph (1), the 
        total amount of both annuities to be paid to an annuitant for a 
        month would be less (because of the offset required by section 
        1450(c) of such title for dependency and indemnity 
        compensation) than the amount that would be paid to the 
        annuitant in the absence of recomputation, the Secretary of 
        Defense shall take such actions as are necessary to adjust the 
        annuity amounts to eliminate the reduction.''.

SEC. 647. PRESUMPTION OF DEATH FOR PARTICIPANTS IN SURVIVOR BENEFIT 
              PLAN IN MISSING STATUS.

    (a) Conditions on Presumption.--In the case of a participant in the 
Survivor Benefit Plan who has been determined by the Secretary of State 
to have been kidnapped in Iraq or Afghanistan on or after August 1, 
2007, the Secretary of a military department may not make a 
determination under section 1450(l) of title 10, United States Code, 
that the participant is missing, with the presumption of death, until 
the earlier of--
            (1) a period of at least 7 years expires after the date of 
        the determination of the Secretary of State; or
            (2) the date on which the participant is confirmed dead and 
        a death certificate is delivered to the next of kin of the 
        participant.
    (b) Resumption of Retired Pay; Payment of Back Pay.--In the case of 
a participant in the Survivor Benefit Plan described in subsection (a) 
who was presumed to be dead before the date of the enactment of this 
Act under section 1450(l) of title 10, United States Code, the 
Secretary of a military department concerned shall--
            (1) resume payment of any retired pay to which the 
        participant is entitled to as a retired member of the Armed 
        Forces pending satisfaction of the conditions specified in 
        subsection (a); and
            (2) pay retired pay for periods occurring before the date 
        of the enactment of this Act for which retired pay was not paid 
        because of the presumption of death.

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

SEC. 651. USE OF COMMISSARY STORES SURCHARGES DERIVED FROM TEMPORARY 
              COMMISSARY INITIATIVES FOR RESERVE COMPONENTS AND RETIRED 
              MEMBERS.

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

SEC. 652. REQUIREMENTS FOR PRIVATE OPERATION OF COMMISSARY STORE 
              FUNCTIONS.

    Section 2485(a)(2) of title 10, United States Code, is amended in 
the last sentence by striking ``December 31, 2008'' and inserting 
``December 31, 2013''.

SEC. 653. ADDITIONAL EXCEPTION TO LIMITATION ON USE OF APPROPRIATED 
              FUNDS FOR DEPARTMENT OF DEFENSE GOLF COURSES.

    Section 2491a of title 10, United States Code, is amended--
            (1) by redesignating paragraph (2) of subsection (b) as 
        subsection (c) and, in such subsection (as so redesignated)--
                    (A) by inserting ``Regulations.--'' before ``The 
                Secretary''; and
                    (B) by striking ``this subsection'' and inserting 
                ``subsection (b)''; and
            (2) by inserting after paragraph (1) of subsection (b) the 
        following new paragraph:
    ``(2) Subsection (a) does not apply to the purchase and maintenance 
of specialized golf carts designed to accommodate persons with 
disabilities and the use of the golf carts at a facility or 
installation where the Secretary determines the golf carts can be 
safely operated.''.

SEC. 654. ENHANCED ENFORCEMENT OF PROHIBITION ON SALE OR RENTAL OF 
              SEXUALLY EXPLICIT MATERIAL ON MILITARY INSTALLATIONS.

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

SEC. 655. REQUIREMENT TO BUY MILITARY DECORATIONS, RIBBONS, BADGES, 
              MEDALS, INSIGNIA, AND OTHER UNIFORM ACCOUTERMENTS 
              PRODUCED IN THE UNITED STATES.

    (a) Requirement.--Subchapter III of chapter 147 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 2495c. Requirement to buy military decorations and other uniform 
              accouterments from American sources; exceptions
    ``(a) Buy-American Requirement.--A military exchange store or other 
nonappropriated fund instrumentality of the Department of Defense may 
not purchase for resale any military decorations, ribbons, badges, 
medals, insignia, and other uniform accouterments that are not produced 
in the United States.
    ``(b) Exception.--Subsection (a) does not apply to the extent that 
the Secretary of Defense determines that--
            ``(1) a satisfactory quality and sufficient quantity of an 
        item covered by such subsection and produced in the United 
        States cannot be procured; or
            ``(2) the purchase of the item produced outside the United 
        States is in the best interests of members of the armed forces.
    ``(c) Congressional Notification.--As soon as practicable after an 
exception is granted under subsection (b), the Secretary of Defense 
shall submit to Congress a report explaining the reasons for the 
exception.
    ``(d) United States Defined.--In this section, the term `United 
States' includes the Commonwealth of Puerto Rico, Guam, the United 
States Virgin Islands, the Commonwealth of the Northern Mariana 
Islands, American Samoa, and any other territory or possession of the 
United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``2495c. Requirement to buy military decorations and other uniform 
                            accouterments from American sources; 
                            exceptions.''.

SEC. 656. USE OF APPROPRIATED FUNDS  TO PAY POST ALLOWANCES OR OVERSEAS 
              COST OF LIVING ALLOWANCES TO NONAPPROPRIATED FUND 
              INSTRUMENTALITY EMPLOYEES SERVING OVERSEAS.

    (a) Authority To Use Appropriated Funds.--Chapter 81 of title 10, 
United States Code, is amended by inserting after section 1587a the 
following new section:
``Sec. 1587b. Employees of nonappropriated fund instrumentalities: 
              payment of overseas post allowances or overseas cost of 
              living allowances
    ``(a) Use of Appropriated Funds To Pay Allowances.--Subject to the 
availability of appropriated funds for this purpose, the Secretary of 
Defense may pay post allowances or cost of living allowances to an 
nonappropriated fund instrumentality employee who is a citizen of the 
United States and is employed in a full-time position at a location 
outside of the continental United States.
    ``(b) Duration.--The Secretary of Defense may use the authority 
provided by this section to pay post allowances or cost of living 
allowances that have been due to an nonappropriated fund 
instrumentality employee or former employee since December 1, 2001, but 
have not been previously paid. No allowance may be provided under this 
section after December 31, 2011.
    ``(c) Definitions.--In this section:
            ``(1) The term `nonappropriated fund instrumentality 
        employee' has the meaning given that term in section 1587 of 
        this title.
            ``(2) The term `continental United States' means the 48 
        contiguous States and the District of Columbia.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1587a the following new item:

``1587b. Employees of nonappropriated fund instrumentalities: payment 
                            of overseas post allowances or overseas 
                            cost of living allowances.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008.

SEC. 657. STUDY REGARDING SALE OF ALCOHOLIC WINE AND BEER IN COMMISSARY 
              STORES IN ADDITION TO EXCHANGE STORES.

    (a) Study Required.--The Secretary of Defense shall conduct a study 
evaluating the propriety, patron convenience, and financial utility of 
including alcoholic wine and beer as an authorized commissary 
merchandise category for sale in, at, or by commissary stores.
    (b) Pilot Program.--
            (1) Authorized.--In connection with the study required by 
        subsection (a), the Secretary may conduct a pilot program 
        involving the sale of alcoholic wine and beer in commissary 
        stores if the Secretary determines that such a pilot program 
        would be useful in making the evaluations required by such 
        subsection.
            (2) Scope.--If the Secretary determines that the pilot 
        program would be useful, the Secretary shall conduct the pilot 
        program at a minimum of 10 locations for a period of not less 
        than four months nor greater than one year.
    (c) Report.--Within 120 days after completion of the study required 
in subsection (a), the Secretary shall submit to Congress a report 
containing the findings and recommendations of the Secretary developed 
as a result of the study and the results of the pilot program, if 
conducted under subsection (b). The Secretary may delay the submission 
of the report pending the conclusion of the pilot program.

                       Subtitle F--Other Matters

SEC. 661. BONUS TO ENCOURAGE ARMY PERSONNEL AND OTHER PERSONS TO REFER 
              PERSONS FOR ENLISTMENT IN THE ARMY.

    (a) Availability of Bonus to Trained Civilians.--Subsection (a)(2) 
of section 3252 of title 10, United States Code, is amended by adding 
at the end the following new subparagraph:
            ``(F) A member of the general public who has completed a 
        training course provided by the Secretary, directly or through 
        an entity contracted to provide such training, regarding the 
        appropriate procedures used to recruit persons for enlistment 
        in the Army.''.
    (b) Time for Payment of Bonus.--Subsection (b) of such section is 
amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) when the individual concerned contacts an entity 
        contracted to recruit persons for enlistment in the Army.''.
    (c) Payment Methods.--Such section is further amended--
            (1) in subsection (d), by striking the second sentence; and
            (2) by striking subsection (e) and inserting the following 
        new subsection:
    ``(e) Payment Methods.--At the discretion of the Secretary, a bonus 
payable for a referral of a person under subsection (a) may be paid--
            ``(1) directly to the individual referred to in subsection 
        (b) making the referral; or
            ``(2) through an entity contracted to make bonus payments 
        under this section.''.
    (d) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 3252. Bonus to encourage Army personnel and other persons to 
              refer persons for enlistment in the Army''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 333 of such title is amended by striking 
        the item relating to section 3252 and inserting the following 
        new item:

``3252. Bonus to encourage Army personnel and other persons to refer 
                            persons for enlistment in the Army.''.

SEC. 662. CONTINUATION OF ENTITLEMENT TO BONUSES AND SIMILAR BENEFITS 
              FOR MEMBERS OF THE UNIFORMED SERVICES WHO DIE, ARE 
              SEPARATED OR RETIRED FOR DISABILITY, OR MEET OTHER 
              CRITERIA.

    (a) Discretion To Provide Exception to Termination and Repayment 
Requirements Under Certain Circumstances.--Section 303a(e) of title 37, 
United States Code, is amended--
            (1) in the subsection heading, by inserting ``; Termination 
        of Entitlement to Unpaid Amounts'' after ``Met'';
            (2) in paragraph (1)--
                    (A) by striking ``A member'' and inserting ``(A) 
                Except as provided in paragraph (2), a member''; and
                    (B) by striking ``the requirements, except in 
                certain circumstances authorized by the Secretary 
                concerned.'' and inserting ``the eligibility 
                requirements and may not receive any unpaid amounts of 
                the bonus or similar benefit after the member fails to 
                satisfy the requirements, unless the Secretary 
                concerned determines that the imposition of the 
                repayment requirement and termination of the payment of 
                unpaid amounts of the bonus or similar benefit with 
                regard to the member would be contrary to a personnel 
                policy or management objective, would be against equity 
                and good conscience, or would be contrary to the best 
                interests of the United States.''; and
            (3) by redesignating paragraph (2) as subparagraph (B) of 
        paragraph (1).
    (b) Mandatory Payment of Unpaid Amounts Under Certain 
Circumstances; No Repayment of Unearned Amounts.--Section 303a(e) of 
title 37, United States Code, is amended by inserting after paragraph 
(1), as amended by subsection (a), the following new paragraph (2):
    ``(2)(A) If a member of the uniformed services dies (other than as 
a result the member's misconduct) or is retired or separated for 
disability under chapter 61 of title 10, the Secretary concerned--
            ``(i) shall not require repayment by the member or the 
        member's estate of the unearned portion of any bonus or similar 
        benefit previously paid to the member; and
            ``(ii) shall require the payment to the member or the 
        member's estate of the remainder of any bonus or similar 
        benefit that was not yet paid to the member, but to which the 
        member was entitled immediately before the death, retirement, 
        or separation of the member, and would be paid if not for the 
        death, retirement, or separation of the member.
    ``(B) The amount to be paid under subparagraph (A)(ii) shall be 
equal to the full amount specified by the agreement or contract 
applicable to the bonus or similar benefit as if the member continued 
to be entitled to the bonus or similar benefit following the death, 
retirement, or separation.
    ``(C) Amounts to be paid to a member or the member's estate under 
subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days 
after the date of the death, retirement, or separation of the member, 
whichever applies.''.
    (c) Conforming Amendments Reflecting Consolidated Special Pay and 
Bonus Authorities.--
            (1) Conforming amendments.--Section 373 of title 37, United 
        States Code, as added by section 661 of the National Defense 
        Authorization Act for Fiscal Year 2008, is amended--
                    (A) in subsection (a)--
                            (i) in the subsection heading, by inserting 
                        ``and Termination'' after ``Repayment''; and
                            (ii) by inserting before the period at the 
                        end the following: ``, and the member may not 
                        receive any unpaid amounts of the bonus, 
                        incentive pay, or similar benefit after the 
                        member fails to satisfy such service or 
                        eligibility requirement''; and
                    (B) by striking subsection (b) and inserting the 
                following new subsection:
    ``(b) Exceptions.--
            ``(1) Discretion to provide exception to termination and 
        repayment requirements.--Pursuant to the regulations prescribed 
        to administer this section, the Secretary concerned may grant 
        an exception to the repayment requirement and requirement to 
        terminate the payment of unpaid amounts of a bonus, incentive 
        pay, or similar benefit if the Secretary concerned determines 
        that the imposition of the repayment and termination 
        requirements with regard to a member of the uniformed services 
        would be contrary to a personnel policy or management 
        objective, would be against equity and good conscience, or 
        would be contrary to the best interests of the United States.
            ``(2) Mandatory payment of unpaid amounts under certain 
        circumstances; no repayment of unearned amounts.--(A) If a 
        member of the uniformed services dies (other than as a result 
        the member's misconduct) or is retired or separated for 
        disability under chapter 61 of title 10, the Secretary 
        concerned--
                    ``(i) shall not require repayment by the member or 
                the member's estate of the unearned portion of any 
                bonus, incentive pay, or similar benefit previously 
                paid to the member; and
                    ``(ii) shall require the payment to the member or 
                the member's estate of the remainder of any bonus, 
                incentive pay, or similar benefit that was not yet paid 
                to the member, but to which the member was entitled 
                immediately before the death, retirement, or separation 
                of the member, and would be paid if not for the death, 
                retirement, or separation of the member.
            ``(B) The amount to be paid under subparagraph (A)(ii) 
        shall be equal to the full amount specified by the agreement or 
        contract applicable to the bonus, incentive pay, or similar 
        benefit as if the member continued to be entitled to the bonus, 
        incentive pay, or similar benefit following the death, 
        retirement, or separation.
            ``(C) Amounts to be paid to a member or the member's estate 
        under subparagraph (A)(ii) shall be paid in a lump sum not 
        later than 90 days after the date of the death, retirement, or 
        separation of the member, whichever applies.''.
            (2) Clerical amendments.--
                    (A) Section heading.--The heading of such section 
                is amended to read as follows:
``Sec. 373. Repayment of unearned portion of bonus, incentive pay, or 
              similar benefit, and termination of remaining payments, 
              when conditions of payment not met''.
                    (B) Table of contents.--The table of sections at 
                the beginning of chapter 5 of title 37, United States 
                Code, is amended by striking the item relating to 
                section 373 and inserting the following new item:

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

SEC. 663. PROVIDING INJURED MEMBERS OF THE ARMED FORCES INFORMATION 
              CONCERNING BENEFITS.

    Section 1651 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 476; 10 U.S.C. 1071 note) is 
amended to read as follows:

``SEC. 1651. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON COMPENSATION 
              AND BENEFITS AVAILABLE FOR SERIOUS INJURIES AND 
              ILLNESSES.

    ``(a) Information on Available Compensation and Benefits.--Not 
later than March 31, 2009, the Secretary of Defense shall develop and 
maintain a comprehensive description of the compensation and other 
benefits to which a member of the Armed Forces, and the family of such 
member, would be entitled upon the separation or retirement of the 
member from the Armed Forces as a result of a serious injury or 
illness. Such description shall be published--
            ``(1) in a handbook; and
            ``(2) on a publically available, searchable Internet 
        website or comparable successor facility.
    ``(b) Contents.--The comprehensive description shall include the 
following:
            ``(1) The range of compensation and benefits based on 
        grade, length of service, degree of disability at separation or 
        retirement, and other factors affecting compensation and 
        benefits as the Secretary considers appropriate.
            ``(2) Information concerning the Disability Evaluation 
        System of each military department, including--
                    ``(A) an explanation of the process of the 
                Disability Evaluation System;
                    ``(B) a general timeline of the process of the 
                Disability Evaluation System;
                    ``(C) the role and responsibilities of the military 
                department throughout the process of the Disability 
                Evaluation System; and
                    ``(D) the role and responsibilities of a member of 
                the Armed Forces throughout the process of the 
                Disability Evaluation System.
            ``(3) Benefits administered by the Department of Veterans 
        Affairs that a member of the Armed Forces would be entitled 
        upon the separation or retirement from the Armed Forces as a 
        result of a serious injury or illness.
            ``(4) A list of State veterans service organizations and 
        their contact information and Internet website addresses.
    ``(c) Consultation.--The Secretary of Defense shall develop and 
maintain the comprehensive description required by subsection (a) in 
consultation with the Secretary of Veterans Affairs, the Secretary of 
Health and Human Services, and the Commissioner of Social Security.
    ``(d) Update.--The Secretary of Defense shall update--
            ``(1) the handbook on a periodic basis, but not less often 
        than annually; and
            ``(2) the Internet website or comparable successor facility 
        immediately after any change has been made to the compensation 
        or other benefits described in subsection (a).
    ``(e) Provision to Members.--The Secretary of the military 
department concerned shall provide the handbook to each member of the 
Armed Forces under the jurisdiction of that Secretary as soon as 
practicable following an injury or illness for which the member may 
retire or separate from the Armed Forces.
    ``(f) Provision to Representatives.--If a member is incapacitated 
or otherwise unable to receive the handbook, the handbook shall be 
provided to the next of kin or a legal representative of the member, as 
determined in accordance with regulations prescribed by the Secretary 
of the military department concerned for purposes of this section.''.

                   TITLE VII--HEALTH CARE PROVISIONS

              Subtitle A--Improvements to Health Benefits

Sec. 701. One-year extension of prohibition on increases in certain 
                            health care costs for members of the 
                            uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail 
                            pharmacy system of pharmacy benefits 
                            program.
Sec. 703. Prohibition on conversion of military medical and dental 
                            positions to civilian medical and dental 
                            positions.
Sec. 704. Chiropractic health care for members on active duty.
Sec. 705. Requirement to recalculate TRICARE Reserve Select premiums 
                            based on actual cost data.
Sec. 706. Program for health care delivery at military installations 
                            projected to grow.
Sec. 707. Guidelines for combined Federal medical facilities.

                      Subtitle B--Preventive Care

Sec. 711. Waiver of copayments for preventive services for certain 
                            TRICARE beneficiaries.
Sec. 712. Military health risk management demonstration project.
Sec. 713. Smoking cessation program under TRICARE.
Sec. 714. Availability of allowance to assist members of the Armed 
                            Forces and their dependents procure 
                            preventive health care services.

                  Subtitle C--Wounded Warrior Matters

Sec. 721. Center of excellence in prevention, diagnosis, mitigation, 
                            treatment, and rehabilitation of hearing 
                            loss and auditory system injuries.
Sec. 722.  Clarification to center of excellence relating to military 
                            eye injuries.
Sec. 723. National Casualty Care Research Center.
Sec. 724. Peer-reviewed research program on extremity war injuries.
Sec. 725. Review of policies and processes related to the delivery of 
                            mail to wounded members of the Armed 
                            Forces.

                       Subtitle D--Other Matters

Sec. 731. Report on stipend for members of reserve components for 
                            health care for certain dependents.
Sec. 732. Report on providing the Extended Care Health Option Program 
                            to autistic dependents of military 
                            retirees.
Sec. 733. Sense of Congress regarding autism therapy services.

              Subtitle A--Improvements to Health Benefits

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

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

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

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

SEC. 703. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND DENTAL 
              POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSITIONS.

    (a) Prohibition.--The Secretary of a military department may not 
convert any military medical or dental position to a civilian medical 
or dental position on or after October 1, 2008.
    (b) Restoration of Certain Positions to Military Positions.--In the 
case of any military medical or dental position that is converted to a 
civilian medical or dental position during the period beginning on 
October 1, 2004, and ending on September 30, 2008, if the position is 
not filled by a civilian by September 30, 2008, the Secretary of the 
military department concerned shall restore the position to a military 
medical or dental position that can be filled only by a member of the 
Armed Forces who is a health professional.
    (c) Definitions.--In this section:
            (1) The term ``military medical or dental position'' means 
        a position for the performance of health care functions (or 
        coded to work within a military treatment facility) within the 
        Armed Forces held by a member of the Armed Forces.
            (2) The term ``civilian medical or dental position'' means 
        a position for the performance of health care functions within 
        the Department of Defense held by an employee of the Department 
        or of a contractor of the Department.
            (3) The term ``conversion'', with respect to a military 
        medical or dental position, means a change of the position to a 
        civilian medical or dental position, effective as of the date 
        of the manning authorization document of the military 
        department making the change (through a change in designation 
        from military to civilian in the document, the elimination of 
        the listing of the position as a military position in the 
        document, or through any other means indicating the change in 
        the document or otherwise).
    (d) Repeal.--Section 721 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181) is repealed.

SEC. 704. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.

    (a) Requirement for Chiropractic Care.--Subject to such regulations 
as the Secretary of Defense may prescribe, the Secretary shall provide 
chiropractic services for members of the uniformed services who are 
entitled to care under section 1074(a) of title 10, United States Code. 
Such chiropractic services may be provided only by a doctor of 
chiropractic.
    (b) Demonstration Projects.--The Secretary of Defense may conduct 
one or more demonstration projects to provide chiropractic services to 
deployed members of the uniformed services. Such chiropractic services 
may be provided only by a doctor of chiropractic.
    (c) Definitions.--In this section:
            (1) The term ``chiropractic services''--
                    (A) includes diagnosis (including by diagnostic X-
                ray tests), evaluation and management, and therapeutic 
                services for the treatment of a patient's health 
                condition, including neuromusculoskeletal conditions 
                and the subluxation complex, and such other services 
                determined appropriate by the Secretary and as 
                authorized under State law; and
                    (B) does not include the use of drugs or surgery.
            (2) The term ``doctor of chiropractic'' means only a doctor 
        of chiropractic who is licensed as a doctor of chiropractic, 
        chiropractic physician, or chiropractor by a State, the 
        District of Columbia, or a territory or possession of the 
        United States.

SEC. 705. REQUIREMENT TO RECALCULATE TRICARE RESERVE SELECT PREMIUMS 
              BASED ON ACTUAL COST DATA.

    (a) Calculation Based on Actual Cost Data.--Paragraph (3) of 
section 1076d(d) of title 10, United States Code, is amended to read as 
follows:
    ``(3) The monthly amount of the premium in effect for a month for 
TRICARE Standard coverage under this section shall be not more than the 
lesser of--
            ``(A) the amount equal to 28 percent of the total average 
        monthly amount for that coverage, as determined by the 
        Secretary based on actual cost data for the preceding fiscal 
        year; or
            ``(B) the amount in effect for the month of March 2006.''.
    (b) Effective Date.--Paragraph (3) of section 1076d(d) of title 10, 
United States Code, as amended by this section, shall apply with 
respect to fiscal year 2009 and fiscal years thereafter.

SEC. 706. PROGRAM FOR HEALTH CARE DELIVERY AT MILITARY INSTALLATIONS 
              PROJECTED TO GROW.

    (a) Program.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall develop a plan to 
establish a program to build cooperative health care arrangements and 
agreements between military installations projected to grow and local 
and regional non-military health care systems.
    (b) Requirements of Plan.--In developing the plan, the Secretary of 
Defense shall--
            (1) identify and analyze health care delivery options 
        involving the private sector and health care services in 
        military facilities located on military installations;
            (2) develop methods for determining the cost avoidance or 
        savings resulting from innovative partnerships between the 
        Department of Defense and the private sector;
            (3) develop requirements for Department of Defense health 
        care providers to deliver health care in civilian community 
        hospitals; and
            (4) collaborate with State and local authorities to create 
        an arrangement to share and exchange, between the Department of 
        Defense and nonmilitary health care systems, personal health 
        information, and data of military personnel and their families.
    (c) Coordination With Other Entities.--The plan shall include 
requirements for coordination with Federal, State, and local entities, 
TRICARE managed care support contractors, and other contracted assets 
around installations selected for participation in the program.
    (d) Consultation Requirements.--The Secretary of Defense shall 
develop the plan in consultation with the Secretaries of the military 
departments.
    (e) Selection of Military Installations.--The program shall be 
implemented at each installation participating in the pilot program 
conducted pursuant to section 721 of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 1988) and other military installations selected by the Secretary 
of Defense. Each selected military installation shall meet the 
following criteria:
            (1) The military installation has members of the Armed 
        Forces on active duty and members of reserve components of the 
        Armed Forces that use the installation as a training and 
        operational base, with members routinely deploying in support 
        of the global war on terrorism.
            (2) The military population of an installation will 
        significantly increase by 2013 due to actions related to either 
        Grow the Force initiatives or recommendations of the Defense 
        Base Realignment and Closure Commission.
            (3) There is a military treatment facility on the 
        installation that has--
                    (A) no inpatient or trauma center care 
                capabilities; and
                    (B) no current or planned capacity that would 
                satisfy the proposed increase in military personnel at 
                the installation.
            (4) There is a civilian community hospital near the 
        military installation, and the military treatment facility 
        has--
                    (A) no inpatient services or limited capability to 
                expand inpatient care beds, intensive care, and 
                specialty services; and
                    (B) limited or no capability to provide trauma 
                care.
    (f) Reports.--Not later than one year after the date of the 
enactment of this Act, and every year thereafter, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and House of Representatives an annual report describing the results of 
the program.

SEC. 707. GUIDELINES FOR COMBINED FEDERAL MEDICAL FACILITIES.

    Before a facility may be designated a combined Federal medical 
facility of the Department of Defense and the Department of Veterans 
Affairs, the Secretary of Defense and the Secretary of Veterans Affairs 
shall issue a signed agreement that specifies, at a minimum, a binding 
operational agreement on the following areas:
            (1) Patient priority categories.
            (2) Budgeting.
            (3) Staffing.
            (4) Construction.
            (5) Physical plant management.

                      Subtitle B--Preventive Care

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

    (a) Waiver of Certain Copayments.--Subject to subsection (b) and 
under regulations prescribed by the Secretary of Defense, the Secretary 
shall--
            (1) waive all copayments under sections 1079(b) and 1086(b) 
        of title 10, United States Code, for preventive services for 
        all beneficiaries who would otherwise pay copayments; and
            (2) ensure that a beneficiary pays nothing for preventive 
        services during a year even if the beneficiary has not paid the 
        amount necessary to cover the beneficiary's deductible for the 
        year.
    (b) Exclusion for Medicare-Eligible Beneficiaries.--Subsection (a) 
shall not apply to a medicare-eligible beneficiary.
    (c) Refund of Copayments.--
            (1) Authority.--Under regulations prescribed by the 
        Secretary of Defense, the Secretary may pay a refund to a 
        medicare-eligible beneficiary excluded by subsection (b), 
        subject to the availability of appropriations specifically for 
        such refunds, consisting of an amount up to the difference 
        between--
                    (A) the amount the beneficiary pays for copayments 
                for preventive services during fiscal year 2009; and
                    (B) the amount the beneficiary would have paid 
                during such fiscal year if the copayments for 
                preventive services had been waived pursuant to 
                subsection (a) during that year.
            (2) Copayments covered.--The refunds under paragraph (1) 
        are available only for copayments paid by medicare-eligible 
        beneficiaries during fiscal year 2009.
            (3) Funding.--Of the amounts authorized to be appropriated 
        under title XIV of this Act for the Defense Health Program, 
        $10,000,000 is authorized for the purposes of the refund 
        authorized under this subsection.
    (d) Definitions.--In this section:
            (1) Preventive services.--The term ``preventive services'' 
        includes, taking into consideration the age and gender of the 
        beneficiary:
                    (A) Colorectal screening.
                    (B) Breast screening.
                    (C) Cervical screening.
                    (D) Prostate screening.
                    (E) Annual physical exam.
                    (F) Vaccinations
            (2) Medicare-eligible.--The term ``medicare-eligible'' has 
        the meaning provided by section 1111((b) of title 10, United 
        States Code.

SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEMONSTRATION PROJECT.

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

SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE.

    (a) TRICARE Smoking Cessation Program.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall establish a smoking cessation program under the TRICARE program, 
to be made available to all beneficiaries under the TRICARE program who 
are not medicare-eligible. The Secretary may prescribe such regulations 
as may be necessary to implement the program.
    (b) Elements.--The program shall include, at a minimum, the 
following elements:
            (1) The availability, at no cost to the beneficiary, of 
        pharmaceuticals used for smoking cessation, with a limitation 
        on the availability of such pharmaceuticals to the national 
        mail-order pharmacy program under the TRICARE program if 
        appropriate.
            (2) Access to a toll-free quit line that is available 24 
        hours a day, 7 days a week.
            (3) Access to printed and Internet web-based tobacco 
        cessation material.
    (c) Plan.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall submit to the congressional defense 
committees a plan to implement the program.
    (d) Refund of Copayments.--
            (1) Authority.--Under regulations prescribed by the 
        Secretary of Defense, the Secretary may pay a refund to a 
        medicare-eligible beneficiary otherwise excluded by this 
        section, subject to the availability of appropriations 
        specifically for such refunds, consisting of an amount up to 
        the difference between--
                    (A) the amount the beneficiary pays for copayments 
                for smoking cessation services described in subsection 
                (b) during fiscal year 2009; and
                    (B) the amount the beneficiary would have paid 
                during such fiscal year if the copayments for smoking 
                cessation services had been waived pursuant to 
                subsection (b) during that year.
            (2) Copayments covered.--The refunds under paragraph (1) 
        are available only for copayments paid by medicare-eligible 
        beneficiaries during fiscal year 2009.
            (3) Funding.--Of the amounts authorized to be appropriated 
        under title XIV for the Defense Health Program, $3,000,000 is 
        authorized for the purposes of the refund authorized under this 
        subsection.
    (e) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the congressional 
defense committees a report covering the following:
            (1) The status of the program.
            (2) The number of participants in the program.
            (3) The cost of the program.
            (4) The costs avoided that are attributed to the program.
            (5) The success rates of the program compared to other 
        nationally recognized smoking cessation programs.
            (6) Findings regarding the success rate of participants in 
        the program.
            (7) Recommendations to modify the policies and procedures 
        of the program.
            (8) Recommendations concerning the future utility of the 
        program.
    (f) Definitions.--In this section:
            (1) TRICARE program.--The term ``TRICARE program'' has the 
        meaning provided by section 1072(7) of title 10, United States 
        Code.
            (2) Medicare-eligible.--The term ``medicare-eligible'' has 
        the meaning provided by section 1111(b) of title 10, United 
        States Code.

SEC. 714. AVAILABILITY OF ALLOWANCE TO ASSIST MEMBERS OF THE ARMED 
              FORCES AND THEIR DEPENDENTS PROCURE PREVENTIVE HEALTH 
              CARE SERVICES.

    (a) Allowance.--Chapter 7 of title 37, United States Code, is 
amended by adding at the end the following new section:
``Sec. 438. Preventive health services allowance
    ``(a) Demonstration Project.--During the period beginning on 
January 1, 2009, and ending on December 31, 2011, the Secretary of 
Defense shall conduct a demonstration project designed to evaluate the 
efficacy of providing an annual allowance (to be known as a `preventive 
health services allowance') to members of the armed forces described in 
subsection (b) to increase the use of preventive health services by 
such members and their dependents.
    ``(b) Eligible Members.--(1) Subject to the numerical limitations 
specified in paragraph (2), a member of the armed forces who is serving 
on active duty for a period of more than 30 days and meets the medical 
and dental readiness requirements for the armed force of the member may 
receive a preventive health services allowance.
    ``(2) Not more than 1,500 members of each of the Army, Navy, Air 
Force, and Marine Corps may receive a preventive health services 
allowance during any year, of which half in each armed force shall be 
members without dependents and half shall be members with dependents.
    ``(c) Amount of Allowance.--The Secretary of the military 
department concerned shall pay a preventive health services allowance 
to a member selected to receive the allowance in an amount equal to--
            ``(1) $500 per year, in the case of a member without 
        dependents; and
            ``(2) $1,000 per year, in the case of a member with 
        dependents.
    ``(d) Authorized Preventive Health Services.--(1) The Secretary of 
Defense shall specify the types of preventive health services that may 
be procured using a preventive health services allowance and the 
frequency at which such services may be procured.
    ``(2) At a minimum, authorized preventive health services shall 
include, taking into consideration the age and gender of the member and 
dependents of the member:
            ``(A) Colorectal screening.
            ``(B) Breast screening.
            ``(C) Cervical screening.
            ``(D) Prostate screening.
            ``(E) Annual physical exam.
            ``(F) Annual dental exam.
            ``(G) Vaccinations.
    ``(3) The Secretary of Defense shall ensure that members selected 
to receive the preventive health services allowance and their 
dependents are provided a reasonable opportunity to receive the 
services authorized under this subsection in their local area.
    ``(e) Data Collection.--At a minimum, the Secretary of Defense 
shall monitor and record the health of members receiving a preventive 
health services allowance and their dependents and the results the 
testing required to qualify for payment of the allowance, if conducted. 
The Secretary shall assess the medical utility of the testing required 
to qualify for payment of a preventive health allowance.
    ``(f) Reporting Requirement.--Not later than March 31, 2010, and 
March 31, 2012, the Secretary of Defense shall submit to Congress a 
report on the status of the demonstration project, including findings 
regarding the medical status of participants, recommendations to modify 
the policies and procedures of the program, and recommendations 
concerning the future utility of the project.
    ``(g) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

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

                  Subtitle C--Wounded Warrior Matters

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

    (a) In General.--The Secretary of Defense shall establish within 
the Department of Defense a center of excellence in the prevention, 
diagnosis, mitigation, treatment, and rehabilitation of hearing loss 
and auditory system injury to carry out the responsibilities specified 
in subsection (c).
    (b) Partnerships.--The Secretary shall ensure that the center 
collaborates to the maximum extent practicable with the Secretary of 
Veterans Affairs, institutions of higher education, and other 
appropriate public and private entities (including international 
entities) to carry out the responsibilities specified in subsection 
(c).
    (c) Responsibilities.--
            (1) In general.--The center shall--
                    (A) implement a comprehensive plan and strategy for 
                the Department of Defense, as developed by the 
                Secretary of Defense, for a registry of information for 
                the tracking of the diagnosis, surgical intervention or 
                other operative procedure, other treatment, and follow 
                up for each case of hearing loss and auditory system 
                injury incurred by a member of the Armed Forces while 
                serving on active duty;
                    (B) ensure the electronic exchange with the 
                Secretary of Veterans Affairs of information obtained 
                through tracking under subparagraph (A); and
                    (C) enable the Secretary of Veterans Affairs to 
                access the registry and add information pertaining to 
                additional treatments or surgical procedures and 
                eventual hearing outcomes for veterans who were entered 
                into the registry and subsequently received treatment 
                through the Veterans Health Administration.
            (2) Designation of registry.--The registry under this 
        subsection shall be known as the ``Hearing Loss and Auditory 
        System Injury Registry'' (hereinafter referred to as the 
        ``Registry'').
            (3) Consultation in development.--The center shall develop 
        the Registry in consultation with audiologists, speech and 
        language pathologists, otolaryngologists, and other specialist 
        personnel of the Department of Defense and the audiologists, 
        speech and language pathologists, otolaryngologists, and other 
        specialist personnel of the Department of Veterans Affairs. The 
        mechanisms and procedures of the Registry shall reflect 
        applicable expert research on military and other hearing loss.
            (4) Mechanisms.--The mechanisms of the Registry for 
        tracking under paragraph (1)(A) shall ensure that each military 
        medical treatment facility or other medical facility shall 
        submit to the center for inclusion in the Registry information 
        on the diagnosis, surgical intervention or other operative 
        procedure, other treatment, and follow up for each case of 
        hearing loss and auditory system injury described in that 
        paragraph as follows (to the extent applicable):
                    (A) Not later than 30 days after surgery or other 
                operative intervention, including a surgery or other 
                operative intervention carried out as a result of a 
                follow-up examination.
                    (B) Not later than 180 days after the hearing loss 
                and auditory system injury is reported or recorded in 
                the medical record.
            (5) Coordination of care and benefits.--(A) The center 
        shall provide notice to the National Center for Rehabilitative 
        Auditory Research (NCRAR) of the Department of Veterans Affairs 
        and to the auditory system impairment services of the Veterans 
        Health Administration on each member of the Armed Forces 
        described in subparagraph (B) for purposes of ensuring the 
        coordination of the provision of ongoing auditory system 
        rehabilitation benefits and services by the Department of 
        Veterans Affairs after the separation or release of such member 
        from the Armed Forces.
            (B) A member of the Armed Forces described in this 
        subparagraph is a member of the Armed Forces with significant 
        hearing loss or auditory system injury incurred while serving 
        on active duty, including a member with auditory dysfunction 
        related to traumatic brain injury.
    (d) Utilization of Registry Information.--The Secretary of Defense 
and the Secretary of Veterans Affairs shall jointly ensure that 
information in the Registry is available to appropriate audiologists, 
speech and language pathologists, otolaryngologists, and other 
specialist personnel of the Department of Defense and the Department of 
Veterans Affairs for purposes of encouraging and facilitating the 
conduct of research, and the development of best practices and clinical 
education, on hearing loss or auditory system injury incurred by 
members of the Armed Forces.
    (e) Inclusion of Records of OIF/OEF Veterans.--The Secretary of 
Defense shall take appropriate actions to include in the Registry such 
records of members of the Armed Forces who incurred a hearing loss or 
auditory system injury while serving on active duty on or after 
September 11, 2001, but before the establishment of the Registry, as 
the Secretary considers appropriate for purposes of the Registry.

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

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

SEC. 723. NATIONAL CASUALTY CARE RESEARCH CENTER.

    (a) Redesignation of Research Program as Center.--Not later than 
October 1, 2009, the Secretary of Defense shall designate a center be 
known as the ``National Casualty Care Research Center'' (in this 
section referred to as the ``Center''), which shall consist of the 
program known as the combat casualty care research program at the Army 
Medical Research and Materiel Command as modified in accordance with 
this section.
    (b) Director.--There shall be a director of the Center, who shall 
be appointed by the Secretary after consultation with the commanding 
general of the Medical Research and Materiel Command.
    (c) Activities of the Center.--In addition to the functions already 
performed by the combat casualty care research program, the Center 
shall--
            (1) provide a public-private partnership for funding 
        clinical and experimental studies in combat injury;
            (2) integrate laboratory and clinical research to hasten 
        improvements in care to both civilians and members of the Armed 
        Forces who are injured;
            (3) ensure that data from both military and civilian 
        entities, including the Joint Theater Trauma Registry and the 
        National Trauma Data Bank, are optimally used to establish 
        research agendas and measure improvements in outcomes; and
            (4) fund the full spectrum of injury research and 
        evaluation, including--
                    (A) laboratory, translational, and clinical 
                research;
                    (B) point of wounding and pre-hospital care;
                    (C) early resuscitative management;
                    (D) initial and definitive surgical care;
                    (E) rehabilitation and reintegration into society; 
                and
                    (F) coordinate multi-institutional civilian/
                military collaboration and trauma research.
    (d) Authorization.--In addition to amounts authorized for the 
combat casualty care research program of the Army Medical Research and 
Materiel Command, there is authorized to be appropriated $1,000,000 for 
the Center established pursuant to this section.
    (e) Funding Adjustments.--For the amounts authorized in subsection 
(d):
            (1) The amount for the Defense Health Program, Research and 
        Development, is hereby increased by $1,000,000, to be available 
        for the United States Army Medical Research and Materiel 
        Command.
            (2) The amount for Weapons Procurement, Navy, is hereby 
        reduced by $1,000,000, to be derived from other missiles.

SEC. 724. PEER-REVIEWED RESEARCH PROGRAM ON EXTREMITY WAR INJURIES.

    (a) Establishment of Peer-Reviewed Orthopaedic Extremity Trauma 
Research Program.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall establish a 
competitive, peer-reviewed research program within the Defense Health 
Program's research and development function to conduct peer-reviewed 
medical research at military and civilian institutions designed to 
develop scientific information aimed at saving injured extremities, 
avoiding amputations, and preserving and restoring the function of 
injured extremities. Such research shall address military medical needs 
and include the full range of scientific inquiry encompassing basic, 
translational, and clinical research.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on the plans for establishment, management, and 
operation of the Peer-Reviewed Research Program on Extremity War 
Injuries required under this section.
    (c) Effective Date.--This section shall be in effect until 
September 30, 2013.

SEC. 725. REVIEW OF POLICIES AND PROCESSES RELATED TO THE DELIVERY OF 
              MAIL TO WOUNDED MEMBERS OF THE ARMED FORCES.

    (a) Review of Delivery Policy and Processes.--The Secretary of 
Defense shall review the policies and processes related to the delivery 
of letters, packages, messages, and other communications that are 
intended as measures of support and addressed generally to wounded and 
injured members of the Armed Forces (such as ``To any Wounded Warrior'' 
or ``To Any Wounded Service Member'') in military medical treatment 
facilities and other locations where members of the Armed Forces are 
treated and rehabilitated.
    (b) Specific Processes.--In conducting the review under subsection 
(a), the Secretary of Defense shall determine the following:
            (1) Whether the current Department of Defense prohibition 
        on the direct delivery of such letters, packages, messages, and 
        other communications to wounded and injured members of the 
        Armed Forces should be modified.
            (2) The adequacy, particularly from the perspective of 
        wounded and injured members of the Armed Forces, of the current 
        governmental and non-governmental delivery processes.
    (c) Corrective Actions.--Based on the review under subsection (a), 
the Secretary of Defense may take actions to correct or modify the 
policies and processes related to the delivery of letters, packages, 
messages, and other communications to wounded and injured members of 
the Armed Forces as the Secretary determines appropriate.
    (d) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the Committee on 
Armed Services of the Senate and the Committee on Armed Services of the 
House of Representatives a report on the results of the review under 
subsection (a) and the ongoing and projected actions to correct or 
modify the policies and processes related to the delivery of letters, 
packages, messages, and other communications to wounded and injured 
members of the Armed Forces.

                       Subtitle D--Other Matters

SEC. 731. REPORT ON STIPEND FOR MEMBERS OF RESERVE COMPONENTS FOR 
              HEALTH CARE FOR CERTAIN DEPENDENTS.

    The Secretary of Defense shall submit to the congressional defense 
committees a report on the extent to which the Secretary has exercised 
the authority provided in section 704 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
188; 10 U.S.C. 1076 note).

SEC. 732. REPORT ON PROVIDING THE EXTENDED CARE HEALTH OPTION PROGRAM 
              TO AUTISTIC DEPENDENTS OF MILITARY RETIREES.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report that contains a plan for 
including autistic dependents of military retirees in the Extended Care 
Health Option program (hereafter in this section referred to as the 
``ECHO program'').
    (b) Contents of Report.--The report required under subsection (a) 
shall include the following:
            (1) The most current data on the number of military 
        retirees with autistic dependents and an estimate of the number 
        of future military retirees with autistic dependents.
            (2) The cost estimates of providing extended benefits under 
        the ECHO program to autistic dependents of all current and 
        future military retirees.
            (3) The feasibility of including autistic dependents of 
        military retirees in any ongoing demonstration or pilot 
        programs within the ECHO program.
            (4) The statutory and regulatory impediments to including 
        autistic dependents of military retirees in the ECHO program.

SEC. 733. SENSE OF CONGRESS REGARDING AUTISM THERAPY SERVICES.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should ensure that the process in determining 
eligibility for autistic therapy services provided to the children of 
members of the Armed Forces is conducted in an expeditious manner and 
without delay.
    (b) Study and Report.--
            (1) Study.--The Secretary of Defense shall conduct a study 
        on autistic therapy services in the Department of Defense. The 
        study shall include--
                    (A) an evaluation of whether such services would be 
                better managed under the TRICARE program; and
                    (C) the potential benefits and costs of a 
                transition of the management of such services from the 
                exceptional family member programs to the TRICARE 
                program.
            (2) Report.--Not later than July 30, 2009, the Secretary 
        shall submit to the Committees on Armed Services of the Senate 
        and the House of Representatives a report on the results of the 
        study.
    (c) Definitions.--In this section:
            (1) Autistic therapy services.--The term ``autistic therapy 
        services'' includes applied behavior analysis.
            (2) TRICARE program.--The term ``TRICARE program'' has the 
        meaning provided by section 1072 of title 10, United States 
        Code.

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

             Subtitle A--Acquisition Policy and Management

Sec. 801. Review of impact of illegal subsidies on acquisition of KC-45 
                            aircraft.
Sec. 802. Assessment of urgent operational needs fulfillment.
Sec. 803. Preservation of tooling for major defense acquisition 
                            programs.
Sec. 804. Prohibition on procurement from beneficiaries of foreign 
                            subsidies.
Sec. 805. Domestic industrial base considerations during source 
                            selection.
Sec. 806. Commercial software reuse preference.
Sec. 807. Comprehensive proposal analysis required during source 
                            selection.

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

Sec. 811. Acquisition workforce expedited hiring authority.
Sec. 812. Definition of system for Defense Acquisition Challenge 
                            Program.
Sec. 813. Career path and other requirements for military personnel in 
                            the acquisition field.
Sec. 814. Technical data rights for non-FAR agreements.
Sec. 815. Clarification that cost accounting standards apply to Federal 
                            contracts performed outside the United 
                            States.

  Subtitle C--Provisions Relating to Inherently Governmental Functions

Sec. 821. Policy on personal conflicts of interest by employees of 
                            Department of Defense contractors.
Sec. 822. Development of guidance on personal services contracts.
Sec. 823. Limitation on performance of product support integrator 
                            functions.

                Subtitle D--Defense Industrial Security

Sec. 831. Requirements relating to facility clearances.
Sec. 832. Foreign ownership control or influence.
Sec. 833. Congressional oversight relating to facility clearances and 
                            foreign ownership control or influence; 
                            definitions.

                       Subtitle E--Other Matters

Sec. 841. Clarification of status of Government rights in the designs 
                            of department of defense vessels, boats, 
                            and craft, and components thereof.
Sec. 842. Expansion of authority to retain fees from licensing of 
                            intellectual property.
Sec. 843. Transfer of sections of title 10 relating to Milestone A and 
                            Milestone B for clarity.
Sec. 844. Earned value management study and report.
Sec. 845. Report on market research.
Sec. 846. System development and demonstration benchmark report.
Sec. 847. Additional matters required to be reported by contractors 
                            performing security functions in areas of 
                            combat operations.
Sec. 848. Report relating to munitions.

             Subtitle A--Acquisition Policy and Management

SEC. 801. REVIEW OF IMPACT OF ILLEGAL SUBSIDIES ON ACQUISITION OF KC-45 
              AIRCRAFT.

    (a) Review of Illegal Subsidies Required.--The Secretary of the Air 
Force, not later than 10 days after a ruling by the World Trade 
Organization that either or both of the United States or the European 
Union, or any political entity within the United States or the European 
Union, has provided illegal subsidies to a manufacturer of large 
commercial aircraft, shall begin a review, as described in subsection 
(b), of the impact of such illegal subsidies on the source selection 
for the KC-45 Aerial Refueling Aircraft Program.
    (b) Performance of the Review.--In performing the review required 
by subsection (a), the Secretary of Air Force shall comply with the 
following requirements:
            (1) The Secretary shall seek information from the public on 
        the potential impact of illegal subsidies on the source 
        selection process for the KC-45 Aerial Refueling Aircraft 
        Program through a notice and comment process. The Secretary 
        shall adopt such procedures for handling information provided 
        under such notice and comment process as are necessary to 
        protect national security and confidential business 
        information.
            (2) The Secretary shall consult with experts within the 
        Department of Defense, the Office of Management and Budget, the 
        Office of the United States Trade Representative, and other 
        agencies and offices of the Federal government, as appropriate, 
        on the potential impact of illegal subsidies on the source 
        selection process for the KC-45 Aerial Refueling Aircraft 
        Program.
            (3) The Secretary shall request information from each of 
        the offerors in the source selection process for the KC-45 
        Aerial Refueling Aircraft Program on the potential impact of 
        illegal subsidies on such process.
    (c) Completion of Review.--The Secretary of the Air Force shall 
complete the review required by subsection (a) not later than 90 days 
after the World Trade Organization has ruled on all illegal subsidy 
cases involving large commercial aircraft pending at the World Trade 
Organization as of the date of the enactment of this Act.
    (d) Determination and Remedy Required.--If the Secretary of the Air 
Force determines, after performing the review required by subsection 
(a), that an illegal subsidy or subsidies had a material impact on the 
source selection process for the KC-45 Aerial Refueling Aircraft 
Program sufficient to bring into question the fairness of such source 
selection process, the Secretary shall take such measures as are 
necessary and appropriate to ensure that the effect of such subsidy or 
subsidies is removed and the source selection process for the KC-45 
Aerial Refueling Aircraft Program is fair to all offerors.
    (e) Definitions.--In this section:
            (1) The term ``illegal subsidy'' means a subsidy found to 
        constitute a violation of the Agreement on Subsidies and 
        Countervailing Measures.
            (2) The term ``Agreement on Subsidies and Countervailing 
        Measures'' means the agreement described in section 101(d)(12) 
        of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(12)).
            (3) The term ``source selection'', with respect to a 
        program of the Department of Defense, means the selection, 
        through the use of competitive procedures or such other 
        procurement procedures as may be applicable, of a contractor to 
        perform a contract to carry out the program.

SEC. 802. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILLMENT.

    (a) Assessment Required.--The Secretary of Defense shall commission 
a study and report by a federally funded research and development 
center to assess the effectiveness of the processes used by the 
Department of Defense for the generation of urgent operational need 
requirements, and the acquisition processes used to fulfill such 
requirements. Such assessment shall include the following:
            (1) A description and evaluation of the effectiveness of 
        the procedures used to generate warfighting requirements 
        through the urgent operational need process.
            (2) An evaluation of the extent to which urgent operational 
        need statements are used to document required capability gaps 
        or are used to request specific acquisition outcomes, such as 
        specific systems or equipment.
            (3) A description and evaluation of the effectiveness of 
        the processes used by each of the military departments to 
        prioritize and fulfill urgent operational needs, including the 
        rapid acquisition processes of the military departments.
            (4) A description and evaluation of the effectiveness of 
        the procedures used to generate warfighting requirements 
        through the joint urgent operational need process.
            (5) An evaluation of the extent to which joint urgent 
        operational need statements are used to document urgent joint 
        capability gaps or are used--
                    (A) to avoid using service-specific urgent 
                operational need and acquisition processes;
                    (B) to document non-urgent capability gaps; or
                    (C) to request specific acquisition outcomes, such 
                as specific systems or equipment.
            (6) A description and evaluation of the effectiveness of 
        the processes used by the various elements of the Department of 
        Defense to prioritize and fulfill joint urgent operational 
        needs, including the Joint Improvised Explosive Device Defeat 
        Organization and the Joint Rapid Acquisition Cell.
            (7) An evaluation of the extent to which joint acquisition 
        entities maintain oversight, once a military department or 
        defense agency has been designated as responsible for execution 
        and fielding of a capability in response to a joint urgent 
        operational need statement, including oversight of--
                    (A) the responsiveness of the military department 
                or agency in execution;
                    (B) the field performance of the capability 
                delivered in response to the joint urgent operational 
                need statement; and
                    (C) the concurrent development of a long-term 
                acquisition and sustainment strategy.
            (8) Recommendations regarding--
                    (A) common definitions and standards for urgent 
                operational needs statements and joint urgent 
                operational need statements;
                    (B) best practices and process improvements for the 
                creation, evaluation, prioritization, and fulfillment 
                of urgent operational need statements and joint urgent 
                operational need statements; and
                    (C) the extent to which rapid acquisition processes 
                should be consolidated or expanded.
    (b) Submission to Congress.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees the report resulting from the 
study conducted pursuant to subsection (a).
    (c) Definitions.--In this section:
            (1) The term ``urgent operational need'' or ``urgent 
        operational need statement'' means a high priority capability 
        gap from an ongoing, named operation--
                    (A) that is validated and resourced by a specific 
                military department or defense agency; and
                    (B) that, if not addressed immediately, will 
                seriously endanger personnel or pose a major threat to 
                ongoing operations.
            (2) The term ``joint urgent operational need'' means a high 
        priority capability gap from an ongoing, named operation--
                    (A) that is identified by a combatant commander;
                    (B) that requires validation and resourcing by the 
                Joint Chiefs of Staff;
                    (C) that falls outside of the established processes 
                of the military departments; and
                    (D) that, if not addressed immediately will 
                seriously endanger personnel or pose a major threat to 
                ongoing operations.

SEC. 803. PRESERVATION OF TOOLING FOR MAJOR DEFENSE ACQUISITION 
              PROGRAMS.

    (a) Guidance Required.--The Secretary of Defense shall issue 
guidance requiring that all unique tooling associated with the 
production of hardware for a major defense acquisition program be 
preserved and stored through the end of the service life of the end 
item associated with such a program. Such guidance shall--
            (1) provide that either a component of the Department of 
        Defense or a contractor (or subcontractor at any tier) may be 
        responsible for preservation and storage of such tooling;
            (2) require that the milestone decision authority approve a 
        plan for the preservation and storage of such tooling prior to 
        granting a Milestone C approval;
            (3) if such tooling is to be preserved and stored by a 
        component of the Department of Defense, require the component 
        to ensure adequate funds and facilities are available to 
        preserve and store such tooling through the projected service 
        life of the end item;
            (4) if such tooling is to be preserved and stored by a 
        contractor, or a subcontractor at any tier, require that any 
        production contract (or subcontract) awarded in support of the 
        major defense acquisition program include a contract clause 
        regarding the preservation and storage of such tooling; and
            (5) provide a mechanism for the Secretary of Defense to 
        waive such requirement if--
                    (A) the Secretary determines that such a waiver is 
                in the best interest of national security; and
                    (B) notifies the congressional defense committees 
                at least 15 days before taking such action.
    (b) Definitions.--In this section:
            (1) Major defense acquisition program.--The term ``major 
        defense acquisition program'' has the meaning provided in 
        section 2430 of title 10, United States Code.
            (2) Milestone decision authority.--The term ``milestone 
        decision authority'' has the meaning provided in section 
        2366a(f)(2).
            (3) Milestone c approval.--The term ``Milestone C 
        approval'' has the meaning provided in section 2366(e)(8) of 
        title 10, United States Code.

SEC. 804. PROHIBITION ON PROCUREMENT FROM BENEFICIARIES OF FOREIGN 
              SUBSIDIES.

    (a) Prohibition.--Except as provided in subsections (c) and (d), 
the Secretary of Defense may not enter into a contract for the 
procurement of goods or services from any foreign person to which the 
government of a foreign country that is a member of the World Trade 
Organization has provided a subsidy if--
            (1) the United States has requested consultations with that 
        foreign country under the Agreement on Subsidies and 
        Countervailing Measures on the basis, in whole or in part, that 
        the subsidy is a prohibited subsidy under that Agreement; and
            (2) either--
                    (A) the dispute before the World Trade Organization 
                has not been resolved; or
                    (B) the World Trade Organization has ruled that the 
                subsidy provided by the foreign country is a prohibited 
                subsidy under the Agreement on Subsidies and 
                Countervailing Measures.
    (b) Additional Applicability.--
            (1) Joint ventures.--The prohibition under subsection (a) 
        with respect to a foreign person also applies to any joint 
        venture, cooperative organization, partnership, or contracting 
        team of which that foreign person is a member.
            (2) Subcontracts and task and delivery orders.--The 
        prohibition under subsection (a) with respect to a contract 
        also applies to any subcontracts at any tier entered into under 
        the contract and any task orders or delivery orders at any tier 
        issued under the contract.
    (c) Exceptions to Applicability.--
            (1) Inapplicability to programs with milestone b 
        approval.--The prohibition under subsection (a) shall not apply 
        to any contract under a major defense acquisition program that 
        has received Milestone B approval as of the date of the 
        enactment of this Act.
            (2) Inapplicability to certain procurements.--The 
        prohibition under subsection (a) shall not apply to a contract 
        for the procurement of goods or services from a foreign person 
        being provided a subsidy if--
                    (A) in any case in which goods or services are the 
                subject of the consultation requested by the United 
                States (as described in subsection (a)(1)), the goods 
                or services to be procured under the contract are not 
                related to the goods and services that are the subject 
                of the consultation; or
                    (B) in any case in which the subject of the 
                consultation requested by the United States (as 
                described in subsection (a)) is not a good or service 
                (but is law, regulations, or other policies of the 
                foreign country), the Department of Defense contracting 
                officer for the contract has certified that the foreign 
                person has demonstrated that the cost of the offeror's 
                proposal is not materially affected by the subsidy.
    (d) Waiver.--The President may waive the prohibition in this 
section with respect to a specific contract if the President (without 
delegation) determines that failure to waive the prohibition would 
result in a significant and imminent threat to national security. The 
President shall submit to Congress a notice of any waiver granted under 
this subsection within 7 days after granting it.
    (e) Duration of Prohibition.--In the case of a subsidy that the 
World Trade Organization has ruled is a prohibited subsidy as described 
in subsection (a)(2)(B), the prohibition under subsection (a) shall not 
apply to a contract for the procurement of goods or services that were 
the subject of the consultation after--
            (1) the dispute is resolved; and
            (2) either--
                    (A) a mutual agreement has been reached between the 
                United States and the foreign government with respect 
                to the prohibited subsidy; or
                    (B) the foreign government has agreed to comply 
                with the requirements of the ruling issued by the World 
                Trade Organization in the dispute.
    (f) Definitions.--In this section:
            (1) The term ``Agreement on Subsidies and Countervailing 
        Measures'' means the agreement described in section 101(d)(12) 
        of the Uruguay Round Agreements Act (19 U.S.C. 3501(d)(12)).
            (2) The term ``foreign person'' means--
                    (A) an individual who is not a United States person 
                or an alien lawfully admitted for permanent residence 
                into the United States; or
                    (B) a corporation, partnership, or other 
                nongovernmental entity which is not a United States 
                person.
            (3) The term ``United States person'' means--
                    (A) a natural person who is a citizen of the United 
                States or who owes permanent allegiance to the United 
                States; and
                    (B) a corporation or other legal entity which is 
                organized under the laws of the United States, any 
                State or territory thereof, or the District of 
                Columbia, if natural persons described in subparagraph 
                (A) own, directly or indirectly, more than 50 percent 
                of the outstanding capital stock or other beneficial 
                interest in such legal entity.
            (4) The term ``major defense acquisition program'' means a 
        Department of Defense acquisition program that is a major 
        defense acquisition program for purposes of section 2430 of 
        title 10, United States Code.
            (5) The term ``Milestone B approval'' has the meaning 
        provided that term in section 2366(e)(7) of such title.

SEC. 805. DOMESTIC INDUSTRIAL BASE CONSIDERATIONS DURING SOURCE 
              SELECTION.

    (a) Regulations Required.--Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense shall prescribe 
regulations regarding the application of a domestic industrial base 
evaluation factor during source selection for a major defense 
acquisition program of the Department of Defense. Such regulations 
shall--
            (1) allow the source selection authority to consider 
        impacts on the domestic industrial base as an evaluation factor 
        during the source selection process;
            (2) provide the source selection authority flexibility with 
        regard to the importance assigned to such an evaluation factor; 
        and
            (3) provide defense acquisition officials with the 
        authority to impose penalties on the contractor awarded the 
        contract resulting from the source selection, including fines 
        and contract termination, if--
                    (A) the domestic industrial base evaluation factor 
                was used during source selection;
                    (B) the evaluation factor had a material effect on 
                the outcome of the source selection; and
                    (C) the official determines that the potential 
                contractor knowingly or willfully misrepresented 
                impacts to the domestic industrial base during source 
                selection.
    (b) Impacts on Domestic Industrial Base.--For purposes of the 
regulations, the Secretary shall consider, at a minimum, the following 
to be impacts on the domestic industrial base:
            (1) The creation or maintenance of domestic capability for 
        production of critical supplies.
            (2) The creation or maintenance of domestic jobs.
            (3) The creation or maintenance of domestic scientific and 
        technological competencies or manufacturing skills.
    (c) Report Required.--The Secretary of Defense shall notify the 
congressional defense committees at least 30 days before the issuance 
of a request for proposal for any major defense acquisition program 
that will not use a domestic industrial base evaluation factor during 
the source selection process. Such notification shall include--
            (1) a brief description of the major defense acquisition 
        program;
            (2) a justification for not using a domestic industrial 
        base evaluation factor; and
            (3) an assessment of potential impacts on the domestic 
        industrial base, if known, as a result of not using a domestic 
        industrial base evaluation factor.
    (d) Definitions.--In this section:
            (1) Domestic industrial base.--The term ``domestic 
        industrial base'' means--
                    (A) persons and organizations that are engaged in 
                research, development, production, or maintenance 
                activities conducted within the United States and 
                United States territories; and
                    (B) includes, at a minimum, prime contractors, as 
                well as second and third tier subcontractors, engaged 
                in such activities.
            (2) Major defense acquisition program.--The term ``major 
        defense acquisition program'' has the meaning provided in 
        section 2430 of title 10, United States Code.
            (3) Source selection.--The term ``source selection'', with 
        respect to a major defense acquisition program, means the 
        selection, through the use of competitive procedures or such 
        other procurement procedures as may be applicable, of a 
        contractor to perform a contract to carry out the program.
            (4) Source selection authority.--The term ``source 
        selection authority'', with respect to a major defense 
        acquisition program, means the official in the Department of 
        Defense designated as responsible for the source selection for 
        that program.

SEC. 806. COMMERCIAL SOFTWARE REUSE PREFERENCE.

    (a) In General.--The Secretary of Defense shall ensure that 
contracting officials identify and evaluate, at all stages of the 
acquisition process (including concept refinement, concept decision, 
and technology development), opportunities for the use of commercial 
computer software and, if practicable, use such software instead of 
developing new software.
    (b) Regulations.--The Secretary of Defense shall review and revise 
the Defense Federal Acquisition Regulation Supplement, Part 207.103, to 
clarify that the preference for commercial items in the acquisition 
process includes a preference for commercial computer software, and the 
preference applies at all stages of the acquisition process.

SEC. 807. COMPREHENSIVE PROPOSAL ANALYSIS REQUIRED DURING SOURCE 
              SELECTION.

    (a) Regulations Required.--Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense shall prescribe 
regulations regarding the comprehensive evaluation of a proposal for a 
major defense acquisition program for which a significant proportion of 
the research, design, development, manufacturing, assembly, or test and 
evaluation will be performed outside the United States. Such 
regulations shall--
            (1) require the offeror of such a proposal, in addition to 
        providing a breakdown of costs as required by the Federal 
        Acquisition Regulation, to provide a breakdown of costs not 
        borne by the offeror as a result of activities performed 
        outside the United States, and such costs shall--
                    (A) include, at a minimum, costs borne by a foreign 
                government that are not borne by a local, State, or 
                Federal Government in the United States, such as 
                government-borne--
                            (i) health care;
                            (ii) retirement compensation; and
                            (iii) workman's compensation;
                    (B) not include direct labor and material costs; 
                and
                    (C) be limited to those costs that would otherwise 
                be allowable and allocable to the contract for the 
                major defense acquisition program if all activities 
                were performed in the United States;
            (2) be applicable only to proposals submitted in response 
        to a solicitation from the Department of Defense that requires 
        cost or pricing data;
            (3) require the contracting officer responsible for 
        conducting proposal analysis to consider such costs in any cost 
        and price analysis performed; and
            (4) require the contracting officer to certify, prior to 
        source selection, that the contracting officer has no 
        reasonable grounds to believe that the final assessed price 
        excludes any cost or other element of price (such as the 
        monetary policy of a foreign government) that other offers 
        performing in the United States could not also exclude.
    (b) Additional Applicability With Respect to Subcontractors.--The 
regulations under subsection (a) also shall apply with respect to any 
subcontractor (at any tier) of a prospective contractor if the 
subcontractor is expected to perform outside the United States a 
significant portion of the research, design, development, 
manufacturing, assembly, or test and evaluation under the proposal 
being evaluated.
    (c) Definition.--In this section, the term ``major defense 
acquisition program'' means a Department of Defense acquisition program 
that is a major defense acquisition program for the purposes of section 
2430 of title 10, United States Code.

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

SEC. 811. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

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

SEC. 812. DEFINITION OF SYSTEM FOR DEFENSE ACQUISITION CHALLENGE 
              PROGRAM.

    Section 2359b of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(l) System Defined.--In this section, the term `system'--
            ``(1) means--
                    ``(A) the organization of hardware, software, 
                material, facilities, personnel, data, and services 
                needed to perform a designated function with specified 
                results (such as the gathering of specified data, its 
                processing, and its delivery to users); or
                    ``(B) a combination of two or more interrelated 
                pieces (or sets) of equipment arranged in a functional 
                package to perform an operational function or to 
                satisfy a requirement; and
            ``(2) includes a major system (as defined in section 
        2302(5) of this title).''.

SEC. 813. CAREER PATH AND OTHER REQUIREMENTS FOR MILITARY PERSONNEL IN 
              THE ACQUISITION FIELD.

    (a) Acquisition Personnel Requirements.--
            (1) In general.--Chapter 87 of title 10, United States 
        Code, is amended by inserting after section 1722 the following 
        new section:
``Sec. 1722a. Special requirements for military personnel in the 
              acquisition field
    ``(a) Requirement for Policy and Guidance Regarding Military 
Personnel in Acquisition.--The Secretary of Defense shall require the 
Secretary of each military department (with respect to the military 
departments) and the Under Secretary of Defense for Acquisition, 
Technology, and Logistics (with respect to the Office of the Secretary 
of Defense, the unified combatant commands, the Defense Agencies, and 
Defense Field Activities), to establish policies and issue guidance to 
ensure the proper development, assignment, and employment of members of 
the armed forces in the acquisition field to achieve the objectives of 
this section as specified in subsection (b).
    ``(b) Objectives.--Policies established and guidance issued 
pursuant to subsection (a) shall ensure, at a minimum, the following:
            ``(1) A career path in the acquisition field that attracts 
        the highest quality officers and enlisted personnel.
            ``(2) A number of command positions and senior non-
        commissioned officer positions, including acquisition billets 
        reserved for general officers and flag officers under 
        subsection (c), sufficient to ensure that members of the armed 
        forces have opportunities for promotion and advancement in the 
        acquisition field.
            ``(3) A number of qualified, trained members of the armed 
        forces eligible for and active in the acquisition field 
        sufficient to ensure the appropriate use of military personnel 
        in contingency contracting.
    ``(c) Reservation of Acquisition Billets for General Officers and 
Flag Officers.--(1) The Secretary of Defense shall establish for each 
military department a minimum number of billets coded or classified for 
acquisition personnel that are reserved for general officers and flag 
officers and shall ensure that the policies established and guidance 
issued pursuant to subsection (a) by the Secretary of that military 
department reserve at least that minimum number of billets and fill the 
billets with qualified and trained general officers and flag officers.
    ``(2) The Secretary of Defense shall ensure that a sufficient 
number of billets for acquisition personnel who are general officers or 
flag officers exist within the Office of the Secretary of Defense, the 
unified combatant commands, the Defense Agencies, and the Defense Field 
Activities.
    ``(3) The Secretary of Defense shall ensure that a portion of the 
billets referred to in paragraphs (1) and (2) involve command of 
organizations primarily focused on contracting.
    ``(d) Relationship to Limitation on Preference for Military 
Personnel.--Any designation or reservation of a position for a member 
of the armed forces as a result of a policy established or guidance 
issued pursuant to this section shall be deemed to meet the 
requirements for an exception under paragraph (2) of section 1722(b) of 
this title from the limitation in paragraph (1) of such section.
    ``(e) Report.--Not later than January 1 of each year, the Secretary 
of each military department shall submit to the Under Secretary of 
Defense for Acquisition, Technology, and Logistics a report describing 
how the Secretary fulfilled the objectives of this section in the 
preceding calendar year. The report shall include information on the 
reservation of acquisition billets for general officers and flag 
officers within the department.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 1722 the following new item:

``1722a. Special requirements for military personnel in the acquisition 
                            field.''.
    (b) Additional Item for Inclusion in Strategic Plan.--Section 
543(f)(3)(E) of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat 116) is amended by inserting after 
``officer assignments and grade requirements'' the following: ``, 
including requirements relating to the reservation of billets in the 
acquisition field for general and flag officers,''.

SEC. 814. TECHNICAL DATA RIGHTS FOR NON-FAR AGREEMENTS.

    (a) Rights in Technical Data for Non-FAR Agreements.--
            (1) In general.--Chapter 137 of title 10, United States 
        Code, is amended by inserting after section 2320 the following 
        new section:
``Sec. 2320a. Rights in technical data for non-FAR agreements
    ``(a) Policy Guidance.--
            ``(1) The Secretary of Defense shall issue policy guidance 
        with respect to the use of a non-FAR agreement for the 
        development of a major weapon system or an item of personnel 
        protective equipment.
            ``(2) The guidance shall--
                    ``(A) define the legitimate interest of the United 
                States and a party to such an agreement in technical 
                data pertaining to an item or process to be developed 
                under the agreement, including, at a minimum, the 
                interest of--
                            ``(i) the United States in increasing 
                        competition and lowering costs by developing 
                        and locating alternative sources of supply and 
                        manufacture;
                            ``(ii) the United States in the ability to 
                        conduct emergency repair and overhaul; or
                            ``(iii) the party to the agreement to 
                        restrict the release of technical data relating 
                        to an item or process developed at private 
                        expense; and
                    ``(B) require that specific rights in technical 
                data shall be established during agreement negotiations 
                and be based upon negotiations between the United 
                States and the potential party to the agreement, except 
                in any case in which the Secretary of Defense 
                determines, on the basis of criteria established in 
                such policy guidance, that the establishment of rights 
                during or through agreement negotiations would not be 
                practicable.
    ``(b) Provisions in Non-FAR Agreements.--Whenever practicable, a 
non-FAR agreement described in subsection (a) shall contain appropriate 
provisions relating to technical data, including provisions--
            ``(1) defining the respective rights of the United States 
        and the party to the agreement regarding any technical data to 
        be delivered under the agreement;
            ``(2) specifying the technical data to be delivered under 
        the agreement and delivery schedules for such delivery;
            ``(3) establishing or referencing procedures for 
        determining the acceptability of technical data to be delivered 
        under the agreement;
            ``(4) to the maximum practicable extent, identifying, in 
        advance of delivery, technical data which is to be delivered 
        with restrictions on the right of the United States to use such 
        data;
            ``(5) requiring the party to the agreement to revise any 
        technical data delivered under the agreement to reflect 
        engineering design changes made during the performance of the 
        agreement and affecting the form, fit, and function of the 
        items specified in the agreement and to deliver such revised 
        technical data to an agency within a time specified in the 
        agreement; and
            ``(6) establishing remedies to be available to the United 
        States when technical data required to be delivered or made 
        available under the agreement is found to be incomplete or 
        inadequate or to not satisfy the requirements of the agreement 
        concerning technical data.
    ``(c) Assessment of Long-Term Technical Data Needs.--The Secretary 
of Defense shall require the program manager for a major weapon system 
or an item of personnel protective equipment that is to be developed 
using a non-FAR agreement described in subsection (a) to assess the 
long-term technical data needs of such systems and items, in accordance 
with the requirements of section 2320(e) of this title.
    ``(d) Definitions.--In this section:
            ``(1) The term `non-FAR agreement' means an agreement that 
        is not subject to laws pursuant to which the Federal 
        Acquisition Regulation is prescribed, including--
                    ``(A) a transaction authorized under section 2371 
                of this title; and
                    ``(B) a cooperative research and development 
                agreement.
            ``(2) The term `party', with respect to a non-FAR 
        agreement, means a non-Federal entity and includes any of the 
        following:
                    ``(A) A contractor and its subcontractors (at any 
                tier).
                    ``(B) A joint venture.
                    ``(C) A consortium.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 2320 the following new item:

``2320a. Rights in technical data for non-FAR agreements.''.
    (b) Report on Life Cycle Planning for Technical Data Needs.--Not 
later than 120 days after the date of enactment of this Act, the 
Secretary of Defense shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report on the 
implementation of the requirements in section 2320(e) of title 10, 
United States Code, for the assessment of long-term technical data 
needs to sustain major weapon systems. Such report shall include--
            (1) a description of all relevant guidance or policies 
        issued;
            (2) the extent to which program managers have received 
        training to better assess the long-term technical data needs of 
        major weapon systems and subsystems;
            (3) a description of the data rights strategies developed 
        prior to the issuance of contract solicitations released since 
        October 17, 2006; and
            (4) a characterization of the extent to which such 
        strategies made use of priced contract options for the future 
        delivery of technical data or acquired all relevant technical 
        data upon contract award.

SEC. 815. CLARIFICATION THAT COST ACCOUNTING STANDARDS APPLY TO FEDERAL 
              CONTRACTS PERFORMED OUTSIDE THE UNITED STATES.

    (a) Clarification.--Section 26(f)(2)(A) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 422(f)(2)(A)) is amended by adding at 
the end the following: ``, whether the contracts or subcontracts are 
performed inside or outside the United States''.
    (b) Implementing Regulations.--Not later than 180 days after the 
date of the enactment of this Act, the cost accounting standards 
promulgated under section 26 of such Act shall be amended to take into 
account the amendment made by subsection (a).

  Subtitle C--Provisions Relating to Inherently Governmental Functions

SEC. 821. POLICY ON PERSONAL CONFLICTS OF INTEREST BY EMPLOYEES OF 
              DEPARTMENT OF DEFENSE CONTRACTORS.

    (a) Policy Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall develop a 
standard policy aimed at preventing personal conflicts of interest by 
employees of Department of Defense contractors that is similar to the 
policy of the Department of Defense aimed at preventing such conflicts 
by Department of Defense civilian employees.
    (b) Elements of Policy.--The policy required under subsection (a) 
shall--
            (1) provide a definition of the term ``personal conflict of 
        interest'' as it relates to employees of Department of Defense 
        contractors;
            (2) identify types of contracts that raise heightened 
        concerns for potential personal conflicts of interest; and
            (3) require each contractor that participates in the 
        Department's decision-making in such mission-critical areas as 
        the development, award, and administration of Government 
        contracts, and each contractor that is closely supporting 
        inherently governmental functions, to--
                    (A) identify and prevent personal conflicts of 
                interest for employees of the contractor who are 
                performing such functions;
                    (B) report any personal conflict-of-interest 
                violation to the applicable contracting officer or 
                contracting officer's representative as soon as it is 
                identified;
                    (C) maintain effective oversight to verify 
                compliance with personal conflict-of-interest 
                safeguards; and
                    (D) have procedures in place to screen for 
                potential conflicts of interest for all employees in a 
                position to make or materially influence findings, 
                recommendations, and decisions regarding Department of 
                Defense contracts and other advisory and assistance 
                functions, either by screening on a task-by-task basis 
                or on an annual basis.
    (c) Contract Clause.--The Secretary shall include in each contract 
entered into by the Secretary for the performance of functions 
described in subsection (b)(3) a clause that reflects the personal 
conflicts-of-interest policy developed under this section and that sets 
forth the contractor's responsibility under such policy.
    (d) Panel on Contracting Integrity Recommendations.--The Department 
of Defense Panel on Contracting Integrity, established by the section 
813 of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109-364), shall consider and make recommendations 
on the feasibility of applying certain procurement integrity rules to 
employees of Department of Defense contractors to include such rules 
related to--
            (1) improper business practices and personal conflicts of 
        interest under Federal Acquisition Regulations 3.104;
            (2) public corruption;
            (3) financial conflicts of interest;
            (4) seeking other employment conflicts of interest;
            (5) gifts and travel; and
            (6) misuse of position or endorsement.

SEC. 822. DEVELOPMENT OF GUIDANCE ON PERSONAL SERVICES CONTRACTS.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Defense shall develop guidance to--
            (1) establish a clear definition of the term ``personal 
        services contract'';
            (2) require a clear distinction between employees of the 
        Department of Defense and employees of Department of Defense 
        contractors;
            (3) provide appropriate safeguards with respect to when, 
        where, and to what extent the Secretary may enter into a 
        contract for the procurement of personal services; and
            (4) assess and take steps to mitigate the risk that, as 
        implemented and administered, non-personal services contracts 
        may become personal services contracts.

SEC. 823. LIMITATION ON PERFORMANCE OF PRODUCT SUPPORT INTEGRATOR 
              FUNCTIONS.

    (a) Limitation.--
            (1) In general.--Chapter 141 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2410r. Performance-based logistics arrangements: limitation on 
              product support integrator functions
    ``(a) Limitation.--A function that is a product support integrator 
function may be performed only by a member of the armed forces or an 
employee of the Department of Defense.
    ``(b) Definitions.--In this section:
            ``(1) The term `product support integrator function' means, 
        with respect to a performance-based logistics arrangement, the 
        function of integrating all sources of support, both public and 
        private, to achieve the specific outcomes specified in the 
        arrangement.
            ``(2) The term `performance-based logistics arrangement' 
        means a performance-based contract, task order, or other 
        arrangement for the logistics support--
                    ``(A) of a weapon system or major end item over the 
                life cycle of the system or item; or
                    ``(B) of parts, assemblies, subassemblies, or 
                platforms of a weapon system or major end item.
            ``(3) The term `performance-based' has the meaning given 
        such term in section 2331(g) of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding after the item 
        relating to section 2410q the following new item:

``2410r. Performance-based logistics arrangements: limitation on 
                            product support integrator functions.''.
    (b) Effective Date.--Section 2410r of title 10, United States Code, 
as added by subsection (a), shall apply to performance-based logistics 
arrangements entered into after September 30, 2010.

                Subtitle D--Defense Industrial Security

SEC. 831. REQUIREMENTS RELATING TO FACILITY CLEARANCES.

    Chapter 21 of title 10, United States Code, is amended by adding at 
the end the following new subchapter:

             ``SUBCHAPTER III--DEFENSE INDUSTRIAL SECURITY

``Sec. 438. Facility clearances: requirements.
``Sec. 438. Facility clearances: requirements
    ``(a) Facility Clearances: General Provisions.--
            ``(1) Access to classified information by contractors.--A 
        contractor of the Department of Defense may not be granted 
        custody of classified information unless the contractor has a 
        facility clearance.
            ``(2) Requirements for entities with facility clearances.--
        An entity may not be granted a facility clearance by the 
        Department of Defense or continue to hold such a facility 
        clearance unless the entity agrees to comply with, and 
        maintains compliance with, the requirements set forth in this 
        subchapter.
            ``(3) Authority to revoke or suspend facility clearances.--
        The Secretary of Defense may revoke or suspend a facility 
        clearance granted by the Department of Defense at any time.
    ``(b) General Requirements for Facility Clearances.--The Secretary 
of Defense shall require an entity granted a facility clearance by the 
Department of Defense to comply with the following requirements:
            ``(1) The entity shall safeguard classified information in 
        its possession.
            ``(2) The entity shall safeguard covered controlled 
        unclassified information in its possession.
            ``(3) The entity shall ensure that it complies with 
        Department of Defense security agreements, contract provisions 
        regarding security, and relevant regulations of the Department 
        of Defense pertaining to industrial security.
            ``(4) The entity shall ensure that its business and 
        management practices do not result in the compromise of 
        classified information or adversely affect the performance of 
        classified contracts.
            ``(5) The entity shall undergo a determination under 
        section 439 of this title of whether the entity is under 
        foreign ownership control or influence and shall comply with 
        ongoing notification requirements under that section related to 
        foreign ownership and control.
    ``(c) Requirements for Directors of Entities With Facility 
Clearances.--
            ``(1) Requirements.--Except as provided in paragraph (3), 
        the Secretary of Defense shall require an entity with a 
        facility clearance to require the directors on the entity's 
        board of directors to ensure, in their capacity as fiduciaries 
        of the entity, that the entity employs and maintains policies 
        and procedures that meet the general requirements for facility 
        clearances listed in subsection (b).
            ``(2) By-laws requirement.--The requirements of paragraph 
        (1) shall be set forth in the by-laws of the entity.
            ``(3) Exceptions.--(A) The Secretary of Defense may waive 
        the requirements of paragraph (1) for reasons of national 
        security. In the event the Secretary grants such a waiver, the 
        Secretary shall submit to the Committees on Armed Services of 
        the Senate and the House of Representatives a notification that 
        such a waiver has been granted and a justification for granting 
        the waiver.
            ``(B) The requirements of paragraph (1) shall not apply to 
        an entity determined by the Secretary of Defense under section 
        439(a) of this title to be under foreign ownership control or 
        influence.
    ``(d) Requirements Relating to Security Management of Entities With 
Facility Clearances.--
            ``(1) Designation of employee responsible for security.--
        The Secretary of Defense shall require an entity, in 
        consultation with and subject to the approval of the chairman 
        of its board of directors, to designate an employee who meets 
        the requirements of paragraph (2) to be responsible for the 
        following:
                    ``(A) Reporting to the board of directors of the 
                entity as its principal advisor concerning the general 
                requirements for facility clearances listed in 
                subsection (b), the manner in which they are carried 
                out through the policies and procedures required by 
                subsection (c), and the related Federal requirements 
                for classified information.
                    ``(B) Supervising and directing security measures 
                necessary for implementing such requirements, policies, 
                and procedures.
                    ``(C) Establishing and administering all 
                intracompany procedures to prevent unauthorized 
                disclosure and export of controlled unclassified 
                information and ensuring that the entity otherwise 
                complies with the requirements of Federal export 
                control laws.
            ``(2) Qualifications of employee.--An employee may not be 
        designated to be responsible for the matters described in 
        paragraph (1) unless the employee--
                    ``(A) is a citizen of the United States;
                    ``(B) obtains a security clearance at the same 
                level as the facility clearance; and
                    ``(C) completes security training that meets the 
                requirements of the Department of Defense.
    ``(e) Requirements Relating to Management Responsibilities for 
Entities With Facility Clearances.--The Secretary of Defense shall 
require an entity with a facility clearance to provide a certification 
of security responsibilities to the Secretary. The certification of 
security responsibilities shall--
            ``(1) affirm the entity's responsibility--
                    ``(A) to identify the key management personnel of 
                the entity involved in the performance of classified 
                contracts or in the setting of policies and practices 
                for such contracts and to designate a security manager 
                with primary responsibility for security functions;
                    ``(B) to ensure that such key management personnel 
                of the entity meet all eligibility requirements for the 
                performance of classified contracts;
                    ``(C) to provide such key management personnel of 
                the entity with all the authority and capability 
                necessary to safeguard classified information and 
                covered controlled unclassified information in the 
                performance of classified contracts in accordance with 
                regulations prescribed by the Secretary; and
                    ``(D) to manage all subcontractors and suppliers of 
                the entity performing work on a classified contract to 
                ensure that use of such subcontractors and suppliers 
                does not result in the compromise of classified 
                information or adversely affect the performance of 
                classified contracts;
            ``(2) be signed by an appropriate member of the board of 
        directors of the entity or a similar executive body determined 
        by the Secretary to function as an equivalent to a board of 
        directors;
            ``(3) be disseminated to all appropriate personnel of the 
        entity; and
            ``(4) be updated as necessary according to procedures 
        proscribed by the Secretary.
    ``(f) Reporting Requirements.--The Secretary of Defense shall 
require an entity with a facility clearance to submit to the Department 
of Defense a report on any event--
            ``(1) that affects the status of the facility clearance;
            ``(2) that affects proper safeguarding of classified 
        information or that indicates classified information has been 
        lost or compromised;
            ``(3) that affects the entity's compliance with Department 
        of Defense security agreements, contract provisions regarding 
        security, and relevant regulations of the Department of Defense 
        pertaining to industrial security; or
            ``(4) that is related to the entity's business and 
        management practices that results in the compromise of 
        classified information.''.

SEC. 832. FOREIGN OWNERSHIP CONTROL OR INFLUENCE.

    (a) In General.--Subchapter III of chapter 21 of title 10, United 
States Code, as added by section 831, is amended by adding at the end 
the following new section:
``Sec. 439. Foreign ownership control or influence
    ``(a) Determination of Foreign Ownership Control or Influence.--
            ``(1) In general.--Before granting a facility clearance to 
        an entity, and while such entity holds a facility clearance, 
        the Secretary of Defense shall determine whether an entity is 
        under foreign ownership control or influence (in this 
        subchapter referred to as `FOCI').
            ``(2) Description of foci.--For purposes of paragraph (1), 
        the Secretary shall determine an entity to be under FOCI if a 
        foreign interest has the power, direct or indirect, whether or 
        not exercised, and whether or not exercisable through the 
        ownership of the entity's securities, by contractual 
        arrangements or other means, to direct or decide matters 
        affecting the management or operations of that entity in a 
        manner that may result in--
                    ``(A) unauthorized access to classified 
                information;
                    ``(B) unauthorized access to covered controlled 
                unclassified information;
                    ``(C) an adverse effect on the performance of 
                classified contracts; or
                    ``(D) an adverse effect on the entity's compliance 
                with Department of Defense security agreements, 
                appropriate contract provisions regarding security, and 
                relevant Department regulations pertaining to 
                industrial security.
    ``(b) FOCI Factors.--
            ``(1) In general.--The following factors relating to an 
        entity, a foreign interest, or a government of a foreign 
        interest shall be considered by the Secretary of Defense in 
        determining under this section whether an entity is under 
        foreign ownership control or influence and the protective 
        measures that may be required to mitigate the FOCI of the 
        entity:
                    ``(A) Record of economic and government espionage 
                against United States targets by the entity, by any 
                foreign interest in the entity, and by the government 
                of any such foreign interest.
                    ``(B) Record of enforcement of covered controlled 
                unclassified information or engagement in unauthorized 
                technology transfer.
                    ``(C) The type and sensitivity of the information 
                expected to be accessed in performing a classified 
                contract.
                    ``(D) The source, nature, and extent of FOCI, 
                including whether foreign interests hold a majority or 
                substantial minority position in the entity, taking 
                into consideration the immediate, intermediate, and 
                ultimate parent entities, sister entities, joint 
                ventures, and hedge funds.
                    ``(E) Record of compliance with pertinent United 
                States laws, regulations, and contracts by the entity, 
                by the foreign interest (if any) in the entity, and by 
                parent entities, sister entities, joint ventures, and 
                hedge funds.
                    ``(F) The nature of any bilateral and multilateral 
                security and information exchange agreements that may 
                pertain to the entity, any foreign interest in the 
                entity, and the government of any such foreign 
                interest.
                    ``(G) Ownership, control, or influence of the 
                entity, in whole or in part, by a foreign government.
            ``(2) Minority position.--For purposes of paragraph (1)(D), 
        a minority position shall be considered substantial if--
                    ``(A) it consists of greater than 5 percent of the 
                ownership interests;
                    ``(B) it consists of greater than 10 percent of the 
                voting interest; or
                    ``(C) the minority position controls a seat on the 
                entity's board of directors.
    ``(c) Mitigation of Foreign Ownership Control or Influence.--
            ``(1) Protective measures authorized for mitigation of 
        foci.--With respect to any entity with a facility clearance 
        under FOCI, as determined under subsection (a), the Secretary 
        of Defense may impose any security method, safeguard, or 
        restriction the Secretary believes necessary to ensure that the 
        entity complies with the general requirements for facility 
        clearances listed in subsection (b) of section 438 of this 
        title.
            ``(2) Government security committee requirement for 
        mitigation of foci.--
                    ``(A) In general.--As part of the mitigation of 
                foreign ownership control or influence of an entity 
                determined to be under FOCI, the Secretary of Defense 
                shall require the entity to establish a permanent 
                committee of the entity's board of directors, or 
                equivalent executive body, to be known as the entity's 
                `Government Security Committee', for purposes of 
                carrying out the requirements of this paragraph.
                    ``(B) Responsibilities of gsc.--The 
                responsibilities of the Government Security Committee 
                of an entity are to ensure that the entity employs and 
                maintains policies and procedures that ensure that the 
                entity complies with the general requirements for 
                facility clearances listed in subsection (b) of section 
                438 of this title.
                    ``(C) Role of security manager in gsc.--The 
                employee of the entity designated pursuant to section 
                438(c)(1)(A) as the security manager shall be the 
                principal advisor to the Government Security Committee 
                and attend committee meetings. The chairman of the 
                Government Security Committee must concur with the 
                appointment and replacement of persons filling the 
                position of security manager selected by management of 
                the entity. The functions of the security manager shall 
                be carried out under the authority of the Government 
                Security Committee.
            ``(3) Relationship to facility clearance.--In the case of 
        an entity with a facility clearance under FOCI, as determined 
        under subsection (a), the following provisions apply with 
        respect to the status of the facility clearance of the entity:
                    ``(A) Continuation in effect while negotiating 
                mitigation measure.--The facility clearance of the 
                entity shall continue in effect if the entity is 
                negotiating with the Secretary a mitigation measure and 
                the Secretary determines that there is no indication 
                that classified information or covered controlled 
                unclassified information is at risk of compromise.
                    ``(B) Invalidation if no mitigation measure within 
                six months.--(i) Subject to subparagraph (C), the 
                Secretary shall invalidate the facility clearance of 
                the entity if an acceptable mitigation measure has not 
                been agreed to by the Secretary and the entity by the 
                end of the six-month period beginning on the date of 
                the determination by the Secretary that the entity is 
                under FOCI.
                    ``(ii) The six-month period described in clause (i) 
                may be extended for one additional three-month period 
                upon request by the entity if the Secretary approves an 
                extension.
                    ``(C) Revocation if possibility of unauthorized 
                access or adverse effect.--The Secretary shall revoke 
                the facility clearance of the entity at any time if, 
                regardless of whether the entity is negotiating a 
                mitigation measure with the Secretary, the Secretary 
                determines that security measures cannot be taken to 
                remove the possibility of unauthorized access or an 
                adverse effect on classified contracts.
    ``(d) Notification to Department of Defense Regarding Change in 
FOCI.--The Secretary of Defense shall require an entity to notify the 
Secretary when material changes occur to information previously 
submitted to the Department of Defense pertaining to the FOCI factors 
affecting the entity as soon as such information is known to the 
entity.
    ``(e) Notification to Department of Defense Regarding Mergers, 
Acquisitions, or Takeovers by Foreign Persons.--The Secretary of 
Defense shall require that when an entity with a facility clearance 
enters into negotiations for a proposed merger, acquisition, or 
takeover by a foreign person, the entity shall submit to the Secretary 
of Defense a notification of the commencement of such negotiations and 
a plan to negate the FOCI resulting from the transaction.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``Sec. 439. Foreign ownership control or influence.''.

SEC. 833. CONGRESSIONAL OVERSIGHT RELATING TO FACILITY CLEARANCES AND 
              FOREIGN OWNERSHIP CONTROL OR INFLUENCE; DEFINITIONS.

    (a) Notifications and Reports.--Subchapter III of chapter 21 of 
title 10, United States Code, as added by section 831, is further 
amended by adding at the end the following new section:
``Sec. 440. Notifications and reports
    ``(a) Notifications Required.--The Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and the House 
of Representatives a notification within 30 days after the occurrence 
of any of the following:
            ``(1) The revocation or suspension by the Secretary of a 
        facility clearance of an entity previously determined to be 
        under foreign ownership control or influence.
            ``(2) The receipt by the Secretary of a notification under 
        section 439(d) from an entity that the entity has entered into 
        negotiations for a proposed merger, acquisition, or takeover by 
        a foreign person.
    ``(b) Biannual Report.--(1) The Secretary of Defense shall, not 
later than September 1, 2009, and biannually thereafter, submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report containing the following:
            ``(A) Specific, cumulative, and, as appropriate, trend 
        information on the numbers of entities--
                    ``(i) holding facility clearances;
                    ``(ii) that have reported a material change 
                relating to FOCI factors;
                    ``(iii) that have measures in place to mitigate 
                foreign ownership control or influence; or
                    ``(iv) that have had a facility clearance suspended 
                or revoked.
            ``(B) Specific, cumulative, and, as appropriate, trend 
        information, on--
                    ``(i) the entities that have filed for or maintain 
                facility clearances;
                    ``(ii) the number of such entities determined to be 
                under foreign ownership control or influence;
                    ``(iii) the countries from which such entities have 
                originated;
                    ``(iv) the number that went through the Committee 
                on Foreign Investment in the United States; and
                    ``(v) the types of security arrangements and 
                conditions that the Government Security Committees of 
                entities have used to mitigate foreign ownership 
                control or influence.
            ``(C) An analysis of trends in the Industrial Security 
        Program, including an assessment of the number and types of 
        errors found in compliance within the Program.
            ``(D) An analysis of the details of companies that have 
        committed violations of the Industrial Security Program and the 
        frequency of the violations, including the number of companies 
        that have committed recurring violations.
            ``(E) A description of the corrective actions, if any, 
        taken by the Defense Security Service to address the 
        violations.
    ``(2) The information required under paragraph (1)(B) shall be 
organized and set forth separately in the report by defense sector 
within the defense industrial base.
    ``(3) The report shall be submitted in an unclassified form, but 
may contain a classified annex.''.
    (b) Definitions.--Subchapter III of chapter 21 of title 10, United 
States Code, as added by section 831, is further amended by adding at 
the end the following new section:
``Sec. 440a. Definitions
    ``In this subchapter:
            ``(1) Entity.--The term `entity' includes a corporation, 
        company, association, firm, partnership, society, or joint 
        stock company, but does not include an individual.
            ``(2) Facility clearance.--The term `facility clearance', 
        with respect to an entity, means an administrative 
        determination by the Secretary of Defense that the entity is 
        eligible for--
                    ``(A) access to classified information; or
                    ``(B) award of a classified contract.
            ``(3) Classified information.--The term `classified 
        information' means any information that has been determined 
        pursuant to Executive Order 12958 or any predecessor order to 
        require protection against unauthorized disclosure and is so 
        designated. The classifications `top secret', `secret', and 
        `confidential' are used to designate such information.
            ``(4) Classified contract.--The term `classified contract' 
        means any contract requiring access to classified information 
        by a contractor or the contractor's employees in the 
        performance of the contract or in any phase of precontract 
        activity or post-contract activity.
            ``(5) Covered controlled unclassified information.--The 
        term `covered controlled unclassified information' means 
        unclassified information the export of which--
                    ``(A) is controlled, in the case of technical data 
                that is inherently military in nature, by the 
                International Traffic in Arms Regulations (ITAR); and
                    ``(B) is controlled, in the case of technical data 
                that has both military and commercial uses, by the 
                Export Administration Regulations (EAR).''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new 
items:

``Sec. 440. Notifications and reports.
``Sec. 440a. Definitions.''.
    (d) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out subchapter III of chapter 21 of title 10, 
United States Code, not later than September 1, 2009.
    (e) Study and Report.--
            (1) In general.--The Secretary of Defense shall conduct a 
        study on investments in entities covered by subchapter III of 
        chapter 21 of title 10, United States Code, as added by this 
        title. The study shall examine investments in such entities 
        by--
                    (A) foreign governments;
                    (B) entities controlled by or acting on behalf of a 
                foreign government;
                    (C) persons of foreign countries; and
                    (D) hedge funds.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        Congress a report on the results of the study conducted under 
        paragraph (1). The information in the report shall be organized 
        and set forth separately by defense sector within the defense 
        industrial base.

                       Subtitle E--Other Matters

SEC. 841. CLARIFICATION OF STATUS OF GOVERNMENT RIGHTS IN THE DESIGNS 
              OF DEPARTMENT OF DEFENSE VESSELS, BOATS, AND CRAFT, AND 
              COMPONENTS THEREOF.

    (a) In General.--Chapter 633 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 7317. Status of Government rights in the designs of vessels, 
              boats, and craft, and components thereof
    ``Government rights in the design of a vessel, boat, or craft, or 
its components, including the hull, decks, and superstructure, shall be 
determined solely by operation of section 2320 of this title or by the 
instrument under which the design was developed for the Government.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

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

SEC. 842. EXPANSION OF AUTHORITY TO RETAIN FEES FROM LICENSING OF 
              INTELLECTUAL PROPERTY.

    Section 2260 of title 10, United States Code, is amended--
            (1) in subsection (a), by inserting ``or the Secretary of 
        Homeland Security'' after ``Secretary of Defense''; and
            (2) in subsection (f)--
                    (A) by striking ``(f) Definitions.--In this 
                section, the'' and inserting the following:
    ``(f) Definitions.--In this section:
            ``(1) The''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) The term `Secretary concerned' has the meaning 
        provided in section 101(a)(9) of this title and also includes--
                    ``(A) the Secretary of Defense, with respect to 
                matters concerning the Defense Agencies and Department 
                of Defense Field Activities; and
                    ``(B) the Secretary of Homeland Security, with 
                respect to matters concerning the Coast Guard when it 
                is not operating as a service in the Department of the 
                Navy.''.

SEC. 843. TRANSFER OF SECTIONS OF TITLE 10 RELATING TO MILESTONE A AND 
              MILESTONE B FOR CLARITY.

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

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

SEC. 844. EARNED VALUE MANAGEMENT STUDY AND REPORT.

    (a) Study.--The Secretary of Defense shall conduct a study that--
            (1) assesses weaknesses in earned value management 
        implementation, including a review of the methodology, accuracy 
        of data, training, and information technology systems used to 
        develop earned value management data;
            (2) audits the accuracy of the earned value management data 
        provided by vendors to the Federal Government concerning 
        acquisition categories I and II programs; and
            (3) measures the success of utilizing earned value 
        management to deliver program objectives.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
appropriate committees a report that--
            (1) identifies recommendations for improving the 
        implementation of earned value management, including 
        alternatives; and
            (2) contains the findings of the study conducted under 
        subsection (a).
    (c) Definitions.--In this section:
            (1) Appropriate committees.--The term ``appropriate 
        committees'' means the Committee on Armed Services of the 
        Senate and the Committee on Armed Services of the House of 
        Representatives.
            (2) Earned value management.--The term ``earned value 
        management'' has the meaning given that term in section 300 of 
        part 7 of Office of Management and Budget Circular A-11.

SEC. 845. REPORT ON MARKET RESEARCH.

    (a) Report Required.--Not later than October 1, 2009, the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on the market research 
conducted by the Secretary in implementing section 2377 of title 10, 
United States Code.
    (b) Sample Examined.--For purposes of the report, the Secretary 
shall examine a representative sample of contracts and task or delivery 
orders, each of which--
            (1) is for an amount in excess of $5,000,000; and
            (2) is for the acquisition of a mission critical or a 
        complex military system in which computer software is a 
        component or subcomponent.
    (c) Matters Covered.--The report shall contain the following:
            (1) A statement of the total number of contracts and task 
        or delivery orders awarded in fiscal year 2007 for a mission 
        critical or complex military system in which software is a 
        component or subcomponent.
            (2) A statement of the number of contracts and task or 
        delivery orders in the sample examined for purposes of the 
        report (as described in subsection (b)), and a description of 
        those contracts and orders.
            (3) For the sampled contracts and orders, a description of 
        how often market research was performed on the sampled 
        contracts and orders.
            (4) For the sampled contracts and orders, a description of 
        whether a Government employee or a contractor employee 
        performed the market research and how the market research was 
        performed.
            (5) For the sampled contracts and orders, an identification 
        of--
                    (A) instances when the market research identified 
                software that was available as a commercial item and 
                that could be used to meet the Government's 
                requirements;
                    (B) instances when the software was modified or 
                proposed to be modified to meet the Department's 
                requirements; or
                    (C) instances when the Department's requirements 
                were modified to meet the capability of the commercial 
                item software.
            (6) An identification of the training tools the Secretary 
        of Defense has developed to assist contracting officials in 
        performing market research.
            (7) An identification of actions the Department of Defense 
        intends to take to further implement section 2377 of title 10, 
        United States Code, and section 826(b) of the National Defense 
        Authorization Act for Fiscal year 2007 (Public Law 110-181; 10 
        U.S.C. 2377 note), including dissemination of best practices 
        and corrective actions where necessary.

SEC. 846. SYSTEM DEVELOPMENT AND DEMONSTRATION BENCHMARK REPORT.

    (a) System Development and Demonstration Benchmark Report.--
            (1) Benchmark report required.--The Secretary of a military 
        department shall submit a system development and demonstration 
        benchmark report as an annex to the baseline description 
        required in section 2435 of title 10, United States Code, for 
        each major defense acquisition program identified in subsection 
        (b). Such a system development and demonstration benchmark 
        report shall be based upon the most recent contractor proposal, 
        the capabilities development document, and the systems 
        requirements document approved prior to Milestone B approval 
        and shall include the following information:
                    (A) The key performance parameters and technical 
                requirements identified in the capabilities development 
                document and systems requirements document.
                    (B) A detailed description of performance 
                capabilities proposed by the contractor, matched to the 
                capabilities and requirements in the capabilities 
                development document and systems requirements document.
                    (C) A target cost for system development and 
                demonstration, excluding incentive or award fees and 
                including both government and non-government costs.
                    (D) A detailed outline of negotiated contract 
                incentive or award fees.
                    (E) A detailed outline of contract ceiling price, 
                target cost, target profit, and contract share line.
                    (F) A schedule of key events.
                    (G) An identification of critical technologies and 
                associated technology readiness levels estimated for 
                each upon both the initiation and the conclusion of 
                system development and demonstration.
                    (H) Estimated percentage completion of detail 
                design at each scheduled design readiness review and 
                the scheduled Milestone C approval date.
                    (I) A discussion of development risk and 
                concurrency within the program.
                    (J) Any other factors that the milestone decision 
                authority considers relevant.
            (2) Timeline for submission of benchmark report.--A system 
        development and demonstration benchmark report for a major 
        defense acquisition program identified in subsection (b) shall 
        be submitted to the congressional defense committees and 
        prepared under this section--
                    (A) not later than 30 days after the date of the 
                enactment of this Act, if the Department of Defense has 
                entered into a contract for system development and 
                demonstration for such a major defense acquisition 
                program prior to the date of enactment of this Act; or
                    (B) in accordance with the requirements for the 
                establishment of a baseline description required by 
                section 2435 of title 10, United States Code, in any 
                other case.
            (3) Alterations.--No alterations or revisions may be made 
        to a system development and demonstration benchmark report 
        after the first such report is prepared in accordance with 
        paragraph (2).
    (b) Major Defense Acquisition Programs Included.--For the purposes 
of this section, the major defense acquisition programs to be included 
in the pilot program are the following:
            (1) BAMS, broad area maritime surveillance unmanned aerial 
        vehicle.
            (2) CSAR-X, combat search and rescue helicopter.
            (3) JLTV, joint light tactical vehicle.
            (4) KC-45A, aerial refueling tanker.
            (5) VH-71, presidential helicopter, increment II.
            (6) Warrior-Alpha, unmanned aerial vehicle.
    (c) System Development and Demonstration Changes.--The Under 
Secretary of Defense for Acquisition, Technology, and Logistics shall 
establish a Configuration Steering Board for each major defense 
acquisition program identified in subsection (b). The Board shall 
oversee any proposed alteration to the requirements or to the proposed 
technical configuration for such a major defense acquisition program 
during system development and demonstration. If such an alteration 
would increase the cost to the Government, extend the schedule by more 
than 30 days, or alter the proposed performance capabilities, as 
established in the system development and demonstration baseline 
required by subsection (a), the Configuration Steering Board shall not 
approve the alteration until--
            (1) the chair of the Configuration Steering Board has 
        submitted to the congressional defense committees a written 
        description of the alteration and an explanation of the 
        rationale for the alteration; and
            (2) not less than 15 days have expired since the date of 
        submission of such description and explanation to those 
        committees.
    (d) Additional Reporting Requirements.--
            (1) In general.--The Secretary of a military department 
        shall submit a semi-annual contract performance assessment 
        report to the milestone decision authority and to the 
        congressional defense committees on each major defense 
        acquisition program identified in subsection (b). The report 
        shall be in unclassified form, but may have a classified annex 
        or an annex that is restricted to protect source selection, 
        business-sensitive, or proprietary information.
            (2) Contents.--Each such report shall describe contract 
        execution regarding contract cost performance, schedule 
        performance, and incentive or award fee reviews and outlays, 
        and an estimated cost at completion of the end item compared to 
        the system development and demonstration benchmark report 
        required in subsection (a)(1).
            (3) First report.--The first such report shall be submitted 
        not later than 180 days after--
                    (A) system design and development contract award; 
                or
                    (B) after enactment of this Act in the case of a 
                system design and development contract that was awarded 
                before the date of the enactment of this Act.
            (4) Termination of reporting requirement.--The reporting 
        requirement shall terminate upon a full rate production 
        decision for each major defense acquisition program identified 
        in subsection (b).
    (e) Prohibition on Milestone C Approval.--(1) Except as provided in 
paragraph (2), the Milestone C approval shall not be granted if the 
milestone decision authority determines, on the basis of a report 
submitted pursuant to subsection (d), or has other reason to believe, 
that--
                    (A) the cost (including any increase for expected 
                inflation or currency exchange rates) for system 
                development and demonstration has increased by more 
                than 25 percent over the system development and 
                demonstration baseline established in (a)(1), or
                    (B) the schedule for key events is delayed by more 
                than 15 percent of the total number of months between 
                the award of the system development and demonstration 
                contract and the scheduled Milestone C approval date, 
                as provided in the system development and demonstration 
                baseline established in subsection (a)(1).
            (2) The Under Secretary of Defense for Acquisition, 
        Technology, and Logistics may waive the prohibition in 
        paragraph (1) upon certification to the congressional defense 
        committees, along with supporting rationale, that proceeding to 
        low rate initial production is in the best interest of the 
        Department of Defense.
    (f) Definitions.--In this section:
            (1) Configuration steering board.--The term ``Configuration 
        Steering Board'' means the committee described in the 
        memorandum regarding Configuration Steering Boards from the 
        Under Secretary of Defense for Acquisition, Technology, and 
        Logistics dated July 30, 2007, for the secretaries of the 
        military departments, Chairman of the Joint Chiefs of Staff, 
        Under Secretaries of Defense, and Commander, U.S. Special 
        Operations Command.
            (2) Milestone b approval.--The term ``Milestone B 
        approval'' has the meaning provided in section 2366(e)(7) of 
        title 10, United States Code.
            (3) Milestone c approval.--The term ``Milestone C 
        approval'' has the meaning provided in section 2366(e)(8) of 
        title 10, United States Code;
            (4) Major defense acquisition program.--The term ``major 
        defense acquisition program'' has the meaning provided in 
        section 2430 of title 10, United States Code.

SEC. 847. ADDITIONAL MATTERS REQUIRED TO BE REPORTED BY CONTRACTORS 
              PERFORMING SECURITY FUNCTIONS IN AREAS OF COMBAT 
              OPERATIONS.

    Section 862(a)(2)(D) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181) is amended--
            (1) by striking ``or'' at the end of clause (ii); and
            (2) by adding at the end the following new clauses:
                            ``(iv) a weapon is discharged against 
                        personnel performing private security functions 
                        in an area of combat operations or personnel 
                        performing such functions believe a weapon was 
                        so discharged; or
                            ``(v) active, non-lethal countermeasures 
                        (other than the discharge of a weapon) are 
                        employed by the personnel performing private 
                        security functions in an area of combat 
                        operations in response to a perceived immediate 
                        threat to such personnel;''.

SEC. 848. REPORT RELATING TO MUNITIONS.

    Not later than March 1, 2009, the Secretary of Defense shall submit 
to the congressional defense committees a report detailing how 60mm and 
81mm munitions used by the Armed Forces are procured, including, where 
relevant, an explanation of the decision to procure such munitions from 
non-domestic sources and the justification for awarding contracts to 
non-domestic sources. The report shall also include a plan to develop a 
domestic producer as the source for 60mm and 81mm munitions used by the 
Armed Forces by 2012.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Revisions in functions and activities of special operations 
                            command.
Sec. 902. Requirement to designate officials for irregular warfare.
Sec. 903. Plan required for personnel management of special operations 
                            forces.
Sec. 904. Director of Operational Energy Plans and Programs.
Sec. 905. Corrosion control and prevention executives for the military 
                            departments.
Sec. 906. Alignment of Deputy Chief Management Officer 
                            responsibilities.
Sec. 907. Requirement for the Secretary of Defense to prepare a 
                            strategic plan to enhance the role of the 
                            National Guard and Reserves.
Sec. 908. Redesignation of the Department of the Navy as the Department 
                            of the Navy and Marine Corps.
Sec. 909. Support to Committee review.

                      Subtitle B--Space Activities

Sec. 911. Extension of authority for pilot program for provision of 
                            space surveillance network services to non-
                            United States Government entities.
Sec. 912. Investment and acquisition strategy for commercial satellite 
                            capabilities.

             Subtitle C--Chemical Demilitarization Program

Sec. 921. Chemical Demilitarization Citizens Advisory Commissions in 
                            Colorado and Kentucky.
Sec. 922. Prohibition on transport of hydrolysate at Pueblo Chemical 
                            Depot, Colorado.

                Subtitle D--Intelligence-Related Matters

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

                       Subtitle E--Other Matters

Sec. 941. Department of Defense School of Nursing revisions.
Sec. 942. Amendments of authority for regional centers for security 
                            studies.
Sec. 943. Findings and Sense of Congress regarding the Western 
                            Hemisphere Institute for Security 
                            Cooperation.
Sec. 944. Restriction on obligation of funds for United States Southern 
                            Command development assistance activities.
Sec. 945. Authorization of non-conventional assisted recovery 
                            capabilities.
Sec. 946. Report on United States Northern Command development of 
                            interagency plans and command and control 
                            relationships.

              Subtitle A--Department of Defense Management

SEC. 901. REVISIONS IN FUNCTIONS AND ACTIVITIES OF SPECIAL OPERATIONS 
              COMMAND.

    Subsection (j) of section 167 of title 10, United States Code, is 
amended to read as follows:
    ``(j) Special Operations Activities.--For purposes of this section, 
special operations activities include each of the following insofar as 
it relates to special operations:
            ``(1) Unconventional warfare.
            ``(2) Irregular warfare.
            ``(3) Counterterrorism.
            ``(4) Counterinsurgency.
            ``(5) Counterproliferation of weapons of mass destruction.
            ``(6) Direct action.
            ``(7) Strategic reconnaissance.
            ``(8) Foreign internal defense.
            ``(9) Civil-military defense.
            ``(10) Psychological and information operations.
            ``(11) Humanitarian assistance.
            ``(12) Theater search and rescue.
            ``(13) Such other activities as may be specified by the 
        President or the Secretary of Defense.''.

SEC. 902. REQUIREMENT TO DESIGNATE OFFICIALS FOR IRREGULAR WARFARE.

    The Secretary of Defense shall designate--
            (1) a single executive agent for irregular warfare within 
        the Department of Defense; and
            (2) an Assistant Secretary of Defense to be responsible for 
        overall management and coordination of irregular warfare.

SEC. 903. PLAN REQUIRED FOR PERSONNEL MANAGEMENT OF SPECIAL OPERATIONS 
              FORCES.

    (a) Requirement for Plan.--Not later than 30 days after the date of 
the enactment of this Act, the commander of the special operations 
command shall submit to the congressional defense committees a plan 
relating to personnel management of special operations forces.
    (b) Matters Covered.--The plan submitted under subsection (a) shall 
address the following:
            (1) Coordination among the military departments in order to 
        enhance the manpower management and improve overall readiness 
        of special operations forces.
            (2) Coordination by the commander of the special operations 
        command with the Secretaries of the military departments in 
        order to better execute his responsibility to maintain 
        readiness of special operations forces, including in the areas 
        of accessions, assignments, compensation, promotions, 
        professional development, retention, sustainment, and training.

SEC. 904. DIRECTOR OF OPERATIONAL ENERGY PLANS AND PROGRAMS.

    (a) Establishment of Position; Duties.--Chapter 4 of title 10, 
United States Code, is amended by inserting after section 139a the 
following new section:
``Sec. 139b. Director of Operational Energy Plans and Programs
    ``(a) Appointment.--There is a Director of Operational Energy Plans 
and Programs in the Department of Defense (in this section referred to 
as the `Director'), appointed by the President, by and with the advice 
and consent of the Senate. The Director shall be appointed without 
regard to political affiliation and solely on the basis of fitness to 
perform the duties of the office of Director.
    ``(b) Duties.--The Director shall--
            ``(1) provide leadership and facilitate communication 
        regarding, and conduct oversight to manage and be accountable 
        for, operational energy plans and programs within the 
        Department of Defense and the Army, Navy, Air Force, and Marine 
        Corps;
            ``(2) establish the operational energy strategy;
            ``(3) coordinate and oversee planning and program 
        activities of the Department of Defense and the Army, Navy, Air 
        Force, and the Marine Corps related to--
                    ``(A) implementation of the operational energy 
                strategy;
                    ``(B) the consideration of operational energy 
                demands in defense planning, requirements, and 
                acquisition processes; and
                    ``(C) research and development investments related 
                to operational energy demand and supply technologies; 
                and
            ``(4) monitor and review all operational energy initiatives 
        in the Department of Defense.
    ``(c) Principal Advisor for Operational Energy Plans and 
Programs.--(1) The Director is the principal adviser to the Secretary 
of Defense and the Deputy Secretary of Defense regarding operational 
energy plans and programs and the principal policy official within the 
senior management of the Department of Defense regarding operational 
energy plans and programs.
    ``(2) The Director may communicate views on matters related to 
operational energy plans and programs and the energy strategy required 
by subsection (d) directly to the Secretary of Defense and the Deputy 
Secretary of Defense without obtaining the approval or concurrence of 
any other official within the Department of Defense.
    ``(d) Operational Energy Strategy.--(1) The Director shall be 
responsible for the establishment and maintenance of a department-wide 
transformational strategy for operational energy. The strategy shall 
establish near-term, mid-term, and long-term goals, performance metrics 
to measure progress in meeting the goals, and a plan for implementation 
of the strategy within the military departments, the Office of the 
Secretary of Defense, and Defense Agencies.
    ``(2) Not later than 90 days after the date on which the Director 
is first appointed, the Secretary of each of the military departments 
shall designate a senior official within each armed force under the 
jurisdiction of the Secretary who will be responsible for operational 
energy plans and programs for that armed force. The officials shall be 
responsible for coordinating with the Director and implementing 
initiatives pursuant to the strategy with regard to that official's 
armed force.
    ``(3) By authority of the Secretary of Defense, the Director shall 
prescribe policies and procedures for the implementation of the 
strategy. The Director shall provide guidance to, and consult with, the 
Secretary of Defense, the Deputy Secretary of Defense, the Secretaries 
of the military departments, and the officials designated under 
paragraph (2) with respect to specific operational energy plans and 
programs to be carried out pursuant to the strategy.
    ``(4) The initial strategy shall be submitted to the congressional 
defense committees not later than 180 days after the date on which the 
Director is first appointed. Subsequent updates to the strategy shall 
be submitted to the congressional defense committees as soon as 
practicable after the modifications to the strategy are made.
    ``(e) Budgetary and Financial Matters.--(1) The Director shall 
review and make recommendations to the Secretary of Defense regarding 
all budgetary and financial matters relating to the operational energy 
strategy.
    ``(2) The Secretary of Defense shall require that the Secretary of 
each military department and the head of each Defense Agency with 
responsibility for executing activities associated with the strategy 
transmit their proposed budget for those activities for a fiscal year 
to the Director for review before submission of the proposed budget to 
the Under Secretary of Defense (Comptroller).
    ``(3) The Director shall review a proposed budget transmitted under 
paragraph (2) for a fiscal year and, not later than January 31 of the 
preceding fiscal year, shall submit to the Secretary of Defense a 
report containing the comments of the Director with respect to the 
proposed budget, together with the certification of the Director 
regarding whether the proposed budget is adequate for implementation of 
the strategy.
    ``(4) Not later than 10 days after the date on which the budget for 
a fiscal year is submitted to Congress pursuant to section 1105 of 
title 31, the Secretary of Defense shall submit to Congress a report on 
the proposed budgets for that fiscal year that the Director has not 
certified under paragraph (3). The report shall include the following:
            ``(A) A discussion of the actions that the Secretary 
        proposes to take, together with any recommended legislation 
        that the Secretary considers appropriate, to address the 
        inadequacy of the proposed budgets.
            ``(B) Any additional comments that the Secretary considers 
        appropriate regarding the inadequacy of the proposed budgets.
    ``(5) The report required by paragraph (4) shall also include a 
separate statement of estimated expenditures and requested 
appropriations for that fiscal year for the activities of the Director 
in carrying out the duties of the Director.
    ``(f) Access to Initiative Results and Records.--(1) The Secretary 
of a military department shall submit to the Director the results of 
all studies and initiatives conducted by the military department in 
connection with the operational energy strategy.
    ``(2) The Director shall have access to all records and data in the 
Department of Defense (including the records and data of each military 
department) necessary in order to permit the Director to carry out the 
duties of the Director.
    ``(g) Staff.--The Director shall have a dedicated professional 
staff of military and civilian personnel in a number sufficient to 
enable the Director to carry out the duties and responsibilities of the 
Director.
    ``(h) Definitions.--In this section:
            ``(1) Operational energy.--The term `operational energy' 
        means the energy required for moving and sustaining military 
        forces and weapons platforms for military operations. The term 
        includes energy used by tactical power systems and generators 
        and weapons platforms.
            ``(2) Operational energy strategy.--The terms `operational 
        energy strategy' and `strategy' mean the operational energy 
        strategy developed under subsection (d).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
139a the following new item:

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

SEC. 905. CORROSION CONTROL AND PREVENTION EXECUTIVES FOR THE MILITARY 
              DEPARTMENTS.

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

SEC. 906. ALIGNMENT OF DEPUTY CHIEF MANAGEMENT OFFICER 
              RESPONSIBILITIES.

    Section 192(e) of title 10, United States Code, is amended to read 
as follows:
    ``(e) Special Rule for Defense Business Transformation Agency.--
Notwithstanding the results of any periodic review under subsection (c) 
with regard to the Defense Business Transformation Agency, the 
Secretary of Defense shall designate that the Director of the Agency 
shall report directly to the Deputy Chief Management Officer of the 
Department of Defense.''.

SEC. 907. REQUIREMENT FOR THE SECRETARY OF DEFENSE TO PREPARE A 
              STRATEGIC PLAN TO ENHANCE THE ROLE OF THE NATIONAL GUARD 
              AND RESERVES.

    (a) Plan.--Not later than April 1, 2009, the Secretary of Defense, 
in consultation with the Chairman of the Joint Chiefs of Staff and the 
Chief of the National Guard Bureau, shall prepare a plan for enhancing 
the roles of the National Guard and Reserve--
            (1) when federalized in the case of the National Guard, or 
        activated in the case of the Reserves, in support of operations 
        conducted under title 10, United States Code; and
            (2) in support of operations conducted under title 32, 
        United States Code, or in support of State missions.
    (b) Matters To Be Assessed.--In preparing the plan, the Secretary 
shall assess--
            (1) the findings, conclusions, and recommendations of the 
        Final Report to Congress and the Secretary of Defense of the 
        Commission on the National Guard and Reserves, dated January 
        31, 2008, and titled ``Transforming the National Guard and 
        Reserves into a 21st-Century Operational Force''; and
            (2) the provisions of H.R. 5603 of the 110th Congress, as 
        introduced on March 13, 2008 (the National Guard Empowerment 
        and State-National Defense Integration Act of 2008).
    (c) Report.--Not later than April 1, 2009, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on the plan required under this 
section. The report shall include recommendations on--
            (1) any changes to the current Department of Defense 
        organization, structure, command relationships, budget 
        authority, procurement authority, and compensation and 
        benefits;
            (2) any legislation that the Secretary considers necessary; 
        and
            (3) any other matter the Secretary considers appropriate.

SEC. 908. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE DEPARTMENT 
              OF THE NAVY AND MARINE CORPS.

    (a) Redesignation of the Department of the Navy as the Department 
of the Navy and Marine Corps.--
            (1) Redesignation of military department.--The military 
        department designated as the Department of the Navy is 
        redesignated as the Department of the Navy and Marine Corps.
            (2) Redesignation of secretary and other statutory 
        offices.--
                    (A) Secretary.--The position of the Secretary of 
                the Navy is redesignated as the Secretary of the Navy 
                and Marine Corps.
                    (B) Other statutory offices.--The positions of the 
                Under Secretary of the Navy, the four Assistant 
                Secretaries of the Navy, and the General Counsel of the 
                Department of the Navy are redesignated as the Under 
                Secretary of the Navy and Marine Corps, the Assistant 
                Secretaries of the Navy and Marine Corps, and the 
                General Counsel of the Department of the Navy and 
                Marine Corps, respectively.
    (b) Conforming Amendments to Title 10, United States Code.--
            (1) Definition of ``military department''.--Paragraph (8) 
        of section 101(a) of title 10, United States Code, is amended 
        to read as follows:
            ``(8) The term `military department' means the Department 
        of the Army, the Department of the Navy and Marine Corps, and 
        the Department of the Air Force.''.
            (2) Organization of department.--The text of section 5011 
        of such title is amended to read as follows: ``The Department 
        of the Navy and Marine Corps is separately organized under the 
        Secretary of the Navy and Marine Corps.''.
            (3) Position of secretary.--Section 5013(a)(1) of such 
        title is amended by striking ``There is a Secretary of the 
        Navy'' and inserting ``There is a Secretary of the Navy and 
        Marine Corps''.
            (4) Chapter headings.--
                    (A) The heading of chapter 503 of such title is 
                amended to read as follows:

       ``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.

                    (B) The heading of chapter 507 of such title is 
                amended to read as follows:

  ``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE 
                                CORPS''.

            (5) Other amendments.--
                    (A) Title 10, United States Code, is amended by 
                striking ``Department of the Navy'' and ``Secretary of 
                the Navy'' each place they appear other than as 
                specified in paragraphs (1), (2), (3), and (4) 
                (including in section headings, subsection captions, 
                tables of chapters, and tables of sections) and 
                inserting ``Department of the Navy and Marine Corps'' 
                and ``Secretary of the Navy and Marine Corps'', 
                respectively, in each case with the matter inserted to 
                be in the same typeface and typestyle as the matter 
                stricken.
                    (B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 
                5017(2), 5032(a), and 5042(a) of such title are amended 
                by striking ``Assistant Secretaries of the Navy'' and 
                inserting ``Assistant Secretaries of the Navy and 
                Marine Corps''.
                    (ii) The heading of section 5016 of such title, and 
                the item relating to such section in the table of 
                sections at the beginning of chapter 503 of such title, 
                are each amended by inserting ``and Marine Corps'' 
                after ``of the Navy'', with the matter inserted in each 
                case to be in the same typeface and typestyle as the 
                matter amended.
    (c) Other Provisions of Law and Other References.--
            (1) Title 37, united states code.--Title 37, United States 
        Code, is amended by striking ``Department of the Navy'' and 
        ``Secretary of the Navy'' each place they appear and inserting 
        ``Department of the Navy and Marine Corps'' and ``Secretary of 
        the Navy and Marine Corps'', respectively.
            (2) Other references.--Any reference in any law other than 
        in title 10 or title 37, United States Code, or in any 
        regulation, document, record, or other paper of the United 
        States, to the Department of the Navy shall be considered to be 
        a reference to the Department of the Navy and Marine Corps. Any 
        such reference to an office specified in subsection (b)(2) 
        shall be considered to be a reference to that officer as 
        redesignated by that section.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect on the first day of the first month beginning 
more than 60 days after the date of the enactment of this Act.

SEC. 909. SUPPORT TO COMMITTEE REVIEW.

     (a) Findings.--Congress finds the following:
            (1) In accordance with section 118 of title 10, United 
        States Code, the Department of Defense conducts a Quadrennial 
        Defense Review as a comprehensive examination of ``the national 
        defense strategy, force structure, force modernization plans, 
        infrastructure, budget plan, and other elements of the defense 
        program and policies of the United States with a view toward 
        determining and expressing the defense strategy of the United 
        States and establishing a defense program for the next 20 
        years''.
            (2) In submitting reports on these reviews to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives, the Secretary is mandated to include the 
        threats to the assumed or defined national security interests 
        of the United States, the threat-based scenarios developed to 
        conduct the review, and other assumptions that impact the 
        ability to counter such threats, including force readiness, 
        cooperation of allies, warning times, and levels of engagement 
        in operations other than war and smaller-scale contingencies.
            (3) There is no statutory requirement to assume certain 
        funding levels available to the Department of Defense in the 
        conduct of this review because Congress reserves its 
        prerogative to provide the resources necessary to address 
        threats to United States national security interests and uses 
        this review as a data point in determining the proper level of 
        those resources.
            (4) The reports associated with the 1997, 2001, and 2006 
        reviews clearly demonstrated that the Secretary made certain 
        assumptions about anticipated funding.
            (5) As a result, the reported recommendations were 
        unnecessarily constrained by those funding assumptions.
            (6) As the Department of Defense is preparing to conduct 
        another Quadrennial Defense Review with a report due to the 
        Congress by 2010, the Committee on Armed Services of the House 
        of Representatives should review in a bipartisan, thorough 
        manner the military capabilities required to address challenges 
        to United States national security interests over the next 20 
        years.
    (b) Support Required.--Within 15 days after receiving a request, 
the Secretary of Defense shall provide the Committee on Armed Services 
of the House of Representatives with any information or data requested 
by that Committee so that it can review in a comprehensive, threat-
based, and bipartisan manner the national defense strategy, force 
structure, force modernization plans, infrastructure, budget plan, and 
other elements of the defense program and policies of the United States 
with a view toward determining and expressing the defense strategy of 
the United States and establishing a defense program for the next 20 
years, as well as preparing for the upcoming Quadrennial Roles and 
Missions Review and Quadrennial Defense Review.

                      Subtitle B--Space Activities

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

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

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

    (a) Requirement.--The Secretary of Defense shall conduct an 
assessment to determine a recommended investment and acquisition 
strategy for commercial satellite capabilities.
    (b) Elements.--The assessment required under subsection (a) shall 
include the following:
            (1) Review of national and defense policy relevant to the 
        requirements for, acquisition of, and use of commercial 
        satellite capabilities, and the relationship with commercial 
        satellite providers.
            (2) Assessment of the manner in which commercial satellite 
        capabilities are utilized by the Department of Defense and 
        options for expanding such utilization or identifying new means 
        to leverage commercial satellite capabilities, such as hosting 
        payloads.
            (3) Review of military requirements for satellite 
        communications and remote sensing by quantity, quality, 
        timeline, and any other metric considered appropriate.
            (4) Description of current and planned commercial satellite 
        capabilities and an assessment of their ability to meet the 
        requirements identified in paragraph (3).
            (5) Assessment of the ability of commercial satellite 
        capabilities to meet other military requirements not identified 
        in paragraph (3).
            (6) Description of the utilization of and resources 
        allocated to commercial satellite communications and remote 
        sensing in the past (past five years), present (current date 
        through Future Years Defense Plan (FYDP)), and future (beyond 
        the FYDP) to meet the requirements identified in paragraph (3).
            (7) Assessment of purchasing patterns that may lead to 
        recommendations in which the Department may consolidate 
        requirements, centralize operations, aggregate purchases, or 
        leverage purchasing power (including the use of multiyear 
        contracting).
            (8) Assessment of various models for acquiring commercial 
        satellite capabilities, including funding, management, and 
        operations models.
    (c) Report.--
            (1) In general.--Not later than February 1, 2009, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report setting forth the results of the assessment 
        required under subsection (a) and provide recommendations, to 
        include--
                    (A) the recommended investment and acquisition 
                strategy or strategies of the Department for commercial 
                satellite capabilities;
                    (B) how the investment and acquisition strategy or 
                strategies should be addressed in fiscal years after 
                fiscal year 2009; and
                    (C) a proposal for such legislative action as the 
                Secretary considers necessary to acquire appropriate 
                types and amounts of commercial satellite capabilities.
            (2) Form.--The report shall be in unclassified form, but 
        may include a classified annex.
    (d) Definitions.--In this section:
            (1) The term ``commercial satellite capabilities'' means 
        the system, capability, or service provided by a commercial 
        satellite provider.
            (2) The term ``commercial satellite provider'' refers to 
        privately owned and operated space systems, their technology, 
        components, products, data, services, and related information, 
        as well as foreign systems whose products and services are sold 
        commercially.

             Subtitle C--Chemical Demilitarization Program

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

    Section 172 of the National Defense Authorization Act for Fiscal 
Year 1993 (50 U.S.C. 1521 note) is amended by adding at the end the 
following:
    ``(i) Colorado and Kentucky Chemical Demilitarization Citizens 
Advisory Commissions.--Notwithstanding subsections (b), (f), and (g), 
and consistent with section 142 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (50 U.S.C. 1521 note) and 
section 8122 of the Department of Defense Appropriations Act, 2003 (50 
U.S.C. 1521 note), responsibilities for the Chemical Demilitarization 
Citizens Advisory Commissions in Colorado and Kentucky shall be 
transferred from the Secretary of the Army to the Program Manager for 
Assembled Chemical Weapons Alternatives. The Program Manager for 
Assembled Chemical Weapons Alternatives shall ensure the ability to 
receive citizen and State concerns regarding the ongoing chemical 
destruction program in these States. A representative from the Office 
of the Assistant to the Secretary of Defense for Nuclear, Chemical, and 
Biological Defense Programs shall meet with these commissions not less 
often than twice a year. Funds appropriated for the Assembled Chemical 
Weapons Alternatives Program shall be used for travel and associated 
travel costs for these Citizens Advisory Commissioners, when such 
travel is conducted at the invitation of the Department of Defense 
Special Assistant for Chemical and Biological Defense and Chemical 
Demilitarization Programs.''.

SEC. 922. PROHIBITION ON TRANSPORT OF HYDROLYSATE AT PUEBLO CHEMICAL 
              DEPOT, COLORADO.

    (a) Prohibition.--During fiscal year 2009, the Secretary of Defense 
may not transport hydrolysate from the Pueblo Chemical Depot, Colorado, 
to an off-site location for treatment, storage, or disposal.
    (b) Savings Clause.--Nothing in this section limits or otherwise 
affects section 8119 of the Department of Defense Appropriations Act, 
2008 (Public Law 110-116; 50 U.S.C. 1521 note).
    (c) Report.--Not later than February 15, 2009, the Secretary shall 
submit to the congressional defense committees a report on hydrolysate 
stockpiled at the Pueblo Chemical Depot, Colorado. The report shall 
include a comprehensive cost-benefit analysis between on-site and off-
site methods for disposing of such hydrolysate.

                Subtitle D--Intelligence-Related Matters

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

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

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

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

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

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

                       Subtitle E--Other Matters

SEC. 941. DEPARTMENT OF DEFENSE SCHOOL OF NURSING REVISIONS.

    (a) School of Nursing.--The text of section 2117 of title 10, 
United States Code, is amended to read as follows:
    ``(a) Establishment.--The Secretary of Defense shall establish 
within the University a School of Nursing, not later than July 1, 2010. 
It shall be so organized as to graduate not less than 25 students with 
a bachelor of science in nursing in the first class not later than June 
30, 2012, not less than 50 in the second class, and not less than 100 
annually thereafter.
    ``(b) Minimum Requirement.--The School of Nursing shall include, at 
a minimum, a program that awards a bachelor of science in nursing.
    ``(c) Phased Development.--The development of the School of Nursing 
may be by such phases as the Secretary may prescribe, subject to the 
requirements of subsection (a).''.
    (b) Retired Nurse Corps Officer Demonstration Project.--
            (1) In general.--The Secretary of Defense may conduct a 
        demonstration project to encourage retired military nurses to 
        serve as faculty at civilian nursing schools.
            (2) Eligibility requirements.--
                    (A) Individual.--An individual is eligible to 
                participate in the demonstration project if the 
                individual--
                            (i) is a retired nurse corps officer of one 
                        of the Armed Forces;
                            (ii) has had at least 26 years of active 
                        Federal commissioned service before retiring; 
                        and
                            (iii) possesses a doctoral or master degree 
                        in nursing that qualifies the officer to become 
                        a full faculty member of an accredited school 
                        of nursing.
                    (B) Institution.--An accredited school of nursing 
                is eligible to participate in the demonstration project 
                if the school or its parent institution of higher 
                education--
                            (i) is a school of nursing that is 
                        accredited to award, at a minimum, a bachelor 
                        of science in nursing and provides educational 
                        programs leading to such degree;
                            (ii) has a resident Reserve Officer 
                        Training Corps unit at the institution of 
                        higher education that fulfils the requirements 
                        of sections 2101 and 2102 of title 10, United 
                        States Code;
                            (iii) does not prevent ROTC access or 
                        military recruiting on campus, as defined in 
                        section 983 of title 10, United States Code;
                            (iv) provides any retired nurse corps 
                        officer participating in the demonstration 
                        project a salary and other compensation at the 
                        level to which other similarly situated faculty 
                        members of the accredited school of nursing are 
                        entitled, as determined by the Secretary of 
                        Defense; and
                            (v) agrees to comply with paragraph (4).
            (3) Compensation.--
                    (A) The Secretary of Defense may authorize a 
                Secretary of a military department to authorize 
                qualified institutions of higher education to employ as 
                faculty those eligible individuals (as described in 
                paragraph (2)) who are receiving retired pay, whose 
                qualifications are approved by the Secretary and the 
                institution of higher education concerned, and who 
                request such employment, subject to the following:
                            (i) A retired nurse corps officer so 
                        employed is entitled to receive the officer's 
                        retired pay without reduction by reason of any 
                        additional amount paid to the officer by the 
                        institution of higher education concerned. In 
                        the case of payment of any such additional 
                        amount by the institution of higher education 
                        concerned, the Secretary of the military 
                        department concerned may pay to that 
                        institution the amount equal to one-half the 
                        amount paid to the retired officer by the 
                        institution for any period, up to a maximum of 
                        one-half of the difference between the 
                        officer's retired pay for that period and the 
                        active duty pay and allowances that the officer 
                        would have received for that period if on 
                        active duty. Payments by the Secretary 
                        concerned under this paragraph shall be made 
                        from funds specifically appropriated for that 
                        purpose.
                            (ii) Notwithstanding any other provision of 
                        law contained in title 10, title 32, or title 
                        37, United States Code, such a retired nurse 
                        corps officer is not, while so employed, 
                        considered to be on active duty or inactive 
                        duty training for any purpose.
            (4) Scholarships for nurse officer candidates.--For 
        purposes of the eligibility of an institution under paragraph 
        (2)(B)(v), the following requirements apply:
                    (A) Each accredited school of nursing at which a 
                retired nurse corps officer serves on the faculty under 
                this subsection shall provide full academic 
                scholarships to individuals undertaking an educational 
                program at such school leading to a bachelor of science 
                in nursing degree who agree, upon completion of such 
                program, to accept a commission as an officer in the 
                nurse corps of one of the Armed Forces.
                    (B) The total number of scholarships provided by an 
                accredited school of nursing under subparagraph (A) for 
                each officer serving on the faculty of that school 
                under this subsection shall be such number as the 
                Secretary of Defense shall specify for purposes of this 
                subsection.
                    (C) Each accredited school of nursing shall pay to 
                the Department of Defense an amount equal to the value 
                of the scholarship for every nurse officer candidate 
                who fails to be accessed as a nurse corps officer into 
                one of the Armed Forces within one year of receiving a 
                bachelor of science degree in nursing from that school.
                    (D) The Secretary concerned is authorized to 
                discontinue the demonstration project authorized in 
                this subsection at any institution of higher education 
                that fails to fulfill the requirements of subparagraph 
                (C).
            (5) Report.--
                    (A) Not later than 24 months after the commencement 
                of any demonstration project under this subsection, the 
                Secretary of Defense shall submit to the congressional 
                defense committees a report on the demonstration 
                project. The report shall include a description of the 
                project and a description of plans for the continuation 
                of the project, if any.
                    (B) Elements.--The report shall also include, at a 
                minimum, the following:
                            (i) The current number of retired nurse 
                        corps officers who have at least 26 years of 
                        active Federal commissioned service who would 
                        be eligible to participate in the program.
                            (ii) The number of retired nurse corps 
                        officers participating in the demonstration 
                        project.
                            (iii) The number of accredited schools of 
                        nursing participating in the demonstration 
                        project.
                            (iv) The number of nurse officer candidates 
                        who have accessed into the military as 
                        commissioned nurse corps officers.
                            (v) The number of scholarships awarded to 
                        nurse officer candidates.
                            (vi) The number of nurse officer candidates 
                        who have failed to access into the military, if 
                        any.
                            (vii) The amount paid to the Department of 
                        Defense in the event any nurse officer 
                        candidates awarded scholarships by the 
                        accredited school of nursing fail to access 
                        into the military as commissioned nurse corps 
                        officers.
                            (viii) The funds expended in the operation 
                        of the demonstration project.
                            (ix) The recommendation of the Secretary of 
                        Defense as to whether the demonstration project 
                        should be extended.
            (6) Sunset.--The authority in this subsection shall expire 
        on June 30, 2014.
            (7) Definitions.--In this subsection, the terms ``school of 
        nursing'' and ``accredited'' have the meeting given those terms 
        in section 801 of the Public Health Service Act (42 U.S.C. 
        296).

SEC. 942. AMENDMENTS OF AUTHORITY FOR REGIONAL CENTERS FOR SECURITY 
              STUDIES.

    (a) In General.--Section 184(f) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(6) Funds available to the Department of Defense for a 
        Regional Center for any fiscal year (beginning with funds 
        available for fiscal year 2009), including funds available 
        under paragraphs (4) and (5), are available for use for 
        programs that begin in such fiscal year but end in the next 
        fiscal year.''.
    (b) Establishment of a Pilot Program for Nongovernmental 
Personnel.--
            (1) In general.--In fiscal years 2009 and 2010, the 
        Secretary of Defense, with the concurrence of the Secretary of 
        State, may waive reimbursement of the costs of activities of 
        the Regional Centers for nongovernmental and international 
        organization personnel who participate in activities that 
        enhance cooperation of nongovernmental organizations and 
        international organizations with Armed Forces of the United 
        States, if the Secretary of Defense determines that attendance 
        of such personnel without reimbursement is in the national 
        security interests of the United States. Costs for which 
        reimbursement is waived pursuant to this subsection shall not 
        exceed $1,000,000 in each of fiscal years 2009 and 2010 and 
        shall be paid from appropriations available to the Regional 
        Centers in each of those fiscal years.
            (2) Report required.--.For each of fiscal years 2009 and 
        2010, the Secretary of Defense shall include in the annual 
        report required under section 184(h) of title 10, United States 
        Code, a description of the extent of nongovernmental and 
        international organization participation in the programs of 
        each regional center, including the costs incurred by the 
        United States for the participation of each organization.

SEC. 943. FINDINGS AND SENSE OF CONGRESS REGARDING THE WESTERN 
              HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.

    (a) Findings.--The Congress finds the following:
            (1) The mission of the Western Hemisphere Institute for 
        Security Cooperation (hereafter in this section referred to as 
        ``WHINSEC'') is to provide professional education and training 
        to military personnel, law enforcement officials, and civilian 
        personnel in support of the democratic principles set forth in 
        the Charter of the Organization of American States, while 
        fostering mutual knowledge, transparency, confidence, and 
        cooperation among the participating nations, and promoting 
        democratic values, respect for human rights, and knowledge and 
        understanding of United States customs and traditions.
            (2) WHINSEC supports the Security Cooperation Guidance of 
        the Secretary of Defense by addressing the education and 
        training needs of the United States Southern Command and United 
        States Northern Command.
            (3) In enacting legislation establishing WHINSEC, Congress 
        specified that the curriculum of WHINSEC may include leadership 
        development, counterdrug operations, peacekeeping, resource 
        management, and disaster relief planning. Congress also 
        mandated a minimum of eight hours of instruction on human 
        rights, due process, the rule of law, the role of the Armed 
        Forces in a democratic society, and civilian control of the 
        military. WHINSEC averages twelve hours of such instruction per 
        course.
            (4) On March 21, 2007, Admiral Stavridis, Commander of 
        United States Southern Command, stated before the House Armed 
        Services Committee that WHINSEC ``is the military's crown jewel 
        for human rights training.''.
            (5) WHINSEC does not select students for participation. A 
        partner nation nominates students to attend WHINSEC, and in 
        accordance with the law of the United States and the policies 
        of the Departments of Defense and State, the United States 
        Embassy in such partner nation screens and conducts background 
        checks on such nominees. The vetting process of WHINSEC 
        nominees includes a background check by United States embassies 
        in partner nations, as well as checks by the Bureau of Western 
        Hemisphere Affairs and the Bureau of Democracy, Human Rights, 
        and Labor. Further, the Abuse Case Evaluation System of the 
        Department of State, a central database that aggregates human 
        rights abuse data into a single, searchable location, is used 
        as a resource for checking abuse allegations when conducting 
        vetting requests.
            (6) WHINSEC operates in accordance with the ``Leahy Law,'' 
        which was first enacted in 1997 and has since expanded to 
        prohibit United States military assistance to foreign military 
        units that violate human rights including security assistance 
        programs funded through foreign operations appropriations Acts 
        and training programs made available pursuant to Department of 
        Defense appropriations Acts.
            (7) Independent review, observation, and recommendation 
        regarding operations of WHINSEC is provided by a Board of 
        Visitors which is chaired by Bishop Robert Morlino of Wisconsin 
        and includes four Members of Congress, two from each political 
        party.
            (8) WHINSEC is open to visitors at any time. Anyone can 
        visit, sit in classes, talk with students and faculty, and 
        review instructional materials.
            (9) On May 7, 2008, the Department of Defense provided 
        Congress requested information regarding the students, 
        instructors, and courses at WHINSEC.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) WHINSEC is one of the most effective mechanisms that 
        the United States has to build relationships with future 
        leaders throughout the Western Hemisphere, influence the human 
        rights records and democracy trajectory of countries in the 
        Western Hemisphere, and mitigate the growing influence of non-
        hemispheric powers;
            (2) WHINSEC is succeeding in meeting its stated mission of 
        providing professional education and training to eligible 
        military personnel, law enforcement officials, and civilians of 
        nations of the Western Hemisphere that support the democratic 
        principles set forth in the Charter of the Organization of 
        American States, while fostering mutual knowledge, 
        transparency, confidence, and cooperation among the 
        participating nations and promoting democratic values and 
        respect for human rights; and
            (3) WHINSEC is an invaluable education and training 
        facility which the Department of Defense should continue to 
        utilize in order to help foster a spirit of partnership that 
        will ensure security and enhance stability and interoperability 
        among the United States military and the militaries of 
        participating nations.

SEC. 944. RESTRICTION ON OBLIGATION OF FUNDS FOR UNITED STATES SOUTHERN 
              COMMAND DEVELOPMENT ASSISTANCE ACTIVITIES.

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

SEC. 945. AUTHORIZATION OF NON-CONVENTIONAL ASSISTED RECOVERY 
              CAPABILITIES.

    (a) Non-Conventional Assisted Recovery Capabilities.--Upon a 
determination by a combatant commander that an action is necessary in 
connection with a non-conventional assisted recovery effort, an amount 
not to exceed $20,000,000 of the funds appropriated pursuant to an 
authorization of appropriations or otherwise made available for 
``Operation and Maintenance, Navy'' may be used to establish, develop, 
and maintain non-conventional assisted recovery capabilities.
    (b) Procedures.--The Secretary of Defense shall establish 
procedures for the exercise of the authority under subsection (a). The 
Secretary shall notify the congressional defense committees of those 
procedures before any exercise of that authority.
    (c) Authorized Activities.--Non-conventional assisted recovery 
capabilities authorized under subsection (a) may, in limited and 
special circumstances, include the provision of support to foreign 
forces, irregular forces, groups, or individuals in order to facilitate 
the recovery of Department of Defense or Coast Guard military or 
civilian personnel, or other individuals who, while conducting 
activities in support of United States military operations, become 
separated or isolated and cannot rejoin their units without the 
assistance authorized in subsection (a). Such support may include the 
provision of limited amounts of equipment, supplies, training, 
transportation, or other logistical support or funding.
    (d) Annual Report.--Not later than 30 days after the close of each 
fiscal year during which subsection (a) is in effect, the Secretary of 
Defense shall submit to the congressional defense committees a report 
on support provided under that subsection during that fiscal year.
    (e) Limitation on Intelligence Activities.--This section does not 
constitute authority to conduct a covert action, as such term is 
defined in section 503(e) of the National Security Act of 1947 (50 
U.S.C. 413b(e)).
    (f) Limitation on Foreign Assistance Activities.--This section does 
not constitute authority--
            (1) to build the capacity of foreign military forces or 
        provide security and stabilization assistance, as described in 
        sections 1206 and 1207 of the National Defense Authorization 
        Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456 
        and 3458), respectively; and
            (2) to provide assistance that is otherwise prohibited by 
        any other provision in law, including any provision of law 
        relating to the control of exports of defense articles or 
        defense services.
    (g) Period of Authority.--The authority under this section is in 
effect during each of the fiscal years 2009 through 2012.

SEC. 946. REPORT ON UNITED STATES NORTHERN COMMAND DEVELOPMENT OF 
              INTERAGENCY PLANS AND COMMAND AND CONTROL RELATIONSHIPS.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense, in consultation with 
the Secretary of Homeland Security and the heads of other appropriate 
Federal agencies, shall submit a report to Congress describing the 
progress made to address certain deficiencies in the United States 
Northern Command identified in the Comptroller General report 08-251/
252. To prepare the report, the Secretary of Defense shall direct the 
United States Northern Command to perform the following:
            (1) Provide a compendium of all roles, mission requirements 
        and resources from all 50 States. Each role and mission in the 
        docket will be accompanied by a brief explanation of the 
        requirement and proof of endorsement by the respective State 
        Adjutant Generals and the Department of Homeland Security.
            (2) Synchronize and continually update its unit 
        requirements with the deployment schedules of the units it 
        depends on. The commander of the United States Northern Command 
        shall develop plans for primary and secondary units to cover 
        the roles and missions coordinated in paragraph (1).
            (3) Coordinate with all source units and other commands. 
        The report shall include copies of all these unit and command 
        mission statements.
            (4) Coordinate with its interagency partners to form 
        charters that govern the agreements among them, including 
        qualifications for personnel with liaison functions between 
        interagency partners.
    (b) Improved Coordination.--The commander of the United States 
Northern Command shall coordinate with its Federal interagency partners 
to ascertain requirements for plans, training, equipment, and resources 
in support of--
            (1) homeland defense;
            (2) domestic emergency response; and
            (3) military support to civil authorities.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Requirement for separate display of budget for Afghanistan.
Sec. 1003. Requirement for separate display of budget for Iraq.
Sec. 1004. One-time shift of military retirement payments.

          Subtitle B--Policy Relating to Vessels and Shipyards

Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas.
Sec. 1012. Report on repair of naval vessel in foreign shipyards.
Sec. 1013. Policy relating to major combatant vessels of the strike 
                            forces of the United States Navy.
Sec. 1014. National Defense Sealift Fund amendments.
Sec. 1015. Report on contributions to the domestic supply of steel and 
                            other metals from scrapping of certain 
                            vessels.

                  Subtitle C--Counter-Drug Activities

Sec. 1021. Continuation of reporting requirement regarding Department 
                            of Defense expenditures to support foreign 
                            counter-drug activities.
Sec. 1022. Extension of authority for joint task forces to provide 
                            support to law enforcement agencies 
                            conducting counter-terrorism activities.
Sec. 1023. Extension of authority to support unified counter-drug and 
                            counterterrorism campaign in Colombia and 
                            continuation of numerical limitation on 
                            assignment of United States personnel.
Sec. 1024. Expansion and extension of authority to provide additional 
                            support for counter-drug activities of 
                            certain foreign governments.
Sec. 1025. Comprehensive Department of Defense strategy for counter-
                            narcotics efforts for West Africa and the 
                            Maghreb.
Sec. 1026. Comprehensive Department of Defense strategy for counter-
                            narcotics efforts in South and Central 
                            Asian regions.

                   Subtitle D--Boards and Commissions

Sec. 1031. Strategic Communication Management Board.
Sec. 1032. Extension of certain dates for Congressional Commission on 
                            the Strategic Posture of the United States.
Sec. 1033. Extension of Commission to Assess the Threat to the United 
                            States from Electromagnetic Pulse (EMP) 
                            Attack.

                    Subtitle E--Studies and Reports

Sec. 1041. Report on corrosion control and prevention.
Sec. 1042. Study on using Modular Airborne Fire Fighting Systems 
                            (MAFFS) in a Federal response to wildfires.
Sec. 1043. Study on rotorcraft survivability.
Sec. 1044. Studies to analyze alternative models for acquisition and 
                            funding of inter-connected cyberspace 
                            systems.
Sec. 1045. Report on nonstrategic nuclear weapons.
Sec. 1046. Study on national defense implications of section 1083.
Sec. 1047. Report on methods Department of Defense utilizes to ensure 
                            compliance with Guam tax and licensing 
                            laws.

                 Subtitle F--Congressional Recognitions

Sec. 1051. Sense of Congress honoring the Honorable Duncan Hunter.
Sec. 1052. Sense of Congress in honor of the Honorable Jim Saxton, a 
                            Member of the House of Representatives.
Sec. 1053. Sense of Congress honoring the Honorable Terry Everett.
Sec. 1054. Sense of Congress honoring the Honorable Jo Ann Davis.

                       Subtitle G--Other Matters

Sec. 1061. Amendment to annual submission of information regarding 
                            information technology capital assets.
Sec. 1062. Restriction on Department of Defense relocation of missions 
                            or functions from Cheyenne Mountain Air 
                            Force Station.
Sec. 1063. Technical and clerical amendments.
Sec. 1064. Submission to Congress of revision to regulation on enemy 
                            prisoners of war, retained personnel, 
                            civilian internees, and other detainees.
Sec. 1065. Authorization of appropriations for payments to Portuguese 
                            nationals employed by the Department of 
                            Defense.
Sec. 1066. State Defense Force Improvement.
Sec. 1067. Barnegat Inlet to Little Egg Inlet, New Jersey.
Sec. 1068. Sense of Congress regarding the roles and missions of the 
                            Department of Defense and other national 
                            security institutions.
Sec. 1069. Sense of Congress relating to 2008 supplemental 
                            appropriations.
Sec. 1070. Sense of Congress regarding defense requirements of the 
                            United States.

                     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 $____.
            (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. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGET FOR AFGHANISTAN.

    For any annual or supplemental budget request submission for the 
Department of Defense, beginning with fiscal year 2010, the Secretary 
of Defense shall set forth separately any funding requested for any 
United States operations or other activities concerning Afghanistan. 
The submission shall clearly display the amounts requested for such 
operations or activities at the appropriation account level and at the 
program, project, or activity level. The submission by the Secretary 
shall also include a separate detailed description of the assumptions 
underlying the funding request.

SEC. 1003. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGET FOR IRAQ.

    For any annual or supplemental budget request submission for the 
Department of Defense, beginning with fiscal year 2010, the Secretary 
of Defense shall set forth separately any funding requested for any 
United States operations or other activities concerning Iraq. The 
submission shall clearly display the amounts requested for such 
operations or activities at the appropriation account level and at the 
program, project, or activity level. The submission by the Secretary 
shall also include a separate detailed description of the assumptions 
underlying the funding request.

SEC. 1004. 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.

          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.--The Secretary of the Navy shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report any time it is determined that a naval vessel 
(or any other vessel under the jurisdiction of the Secretary) is to 
undergo work for the repair of the vessel in a shipyard outside the 
United States or Guam. The report shall be submitted at least 30 days 
before the repair work begins and shall contain the following:
            ``(1) The justification under law for the repair in a 
        foreign shipyard.
            ``(2) The vessel to be repaired.
            ``(3) The shipyard where the repair work will be carried 
        out.
            ``(4) The cost of the repair.
            ``(5) The schedule for repair.
            ``(6) The homeport or location of the vessel prior to its 
        voyage for repair.''.

SEC. 1013. 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.''.

SEC. 1014. NATIONAL DEFENSE SEALIFT FUND AMENDMENTS.

    Section 2218 of title 10, United States Code, is amended--
            (1) by striking subsection (j) and redesignating 
        subsections (k) and (l) as subsections (j) and (k), 
        respectively; and
            (2) in paragraph (2) of subsection (k) (as so 
        redesignated), by striking subparagraphs (B) thru (I) and 
        inserting the following new subparagraph (B):
                    ``(B) Any other auxiliary vessel that was procured 
                or chartered with specific authorization in law for the 
                vessel, or class of vessels, to be funded in the 
                National Defense Sealift Fund.''.

SEC. 1015. REPORT ON CONTRIBUTIONS TO THE DOMESTIC SUPPLY OF STEEL AND 
              OTHER METALS FROM SCRAPPING OF CERTAIN VESSELS.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of the Navy shall submit to the congressional defense 
committees a report containing--
            (1) the estimated contribution to the domestic market for 
        steel and other metals from the scrapping of each vessel over 
        50,000 tons displacement stricken from the Naval Vessel 
        Register but not yet disposed of by the Navy; and
            (2) a plan for the sale and disposal of such vessels.

                  Subtitle C--Counter-Drug Activities

SEC. 1021. CONTINUATION 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 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 Ghana.''.
    (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 
        $65,000,000 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 WEST AFRICA AND THE MAGHREB.

    (a) Report Required.--Not later than March 1, 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) The roles and missions of the Department of Defense in 
        support of the overall United States counter-narcotics policy 
        for Africa.
            (2) 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.
            (3) 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 Joint Inter-Agency Task Force-South 
        of the United States Southern 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, which are accomplished using 
        such capabilities and assets, from Joint Inter-Agency Task 
        Force-South to United States Africa Command.
            (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 March 1, 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, including a description of the accompanying 
        allocation of resources of the Department of Defense to carry 
        out these activities.
            (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--Boards and Commissions

SEC. 1031. STRATEGIC COMMUNICATION MANAGEMENT BOARD.

    (a) In General.--The Secretary of Defense shall establish a 
Strategic Communication Management Board (in this section referred to 
as the ``Board'') to provide advice to the Secretary on strategic 
direction and to help establish priorities for strategic communication 
activities.
    (b) Composition.--
            (1) In general.--The Board shall be composed of members 
        selected in accordance with this subsection.
            (2) Members.--The Secretary of Defense shall appoint 
        members within 30 days after the date of the enactment of this 
        Act, selected from among organizations within the Department of 
        Defense responsible for strategic communication, public 
        diplomacy, and public affairs, including the following:
                    (A) Civil affairs, strategic communication, or 
                public affairs offices of the military departments.
                    (B) The Joint Staff.
                    (C) The combatant commands.
                    (D) The Office of the Secretary of Defense.
            (3) Advisory members.--The Board shall appoint advisory 
        members of the Board after the members have been selected under 
        paragraph (2), upon petition from entities seeking advisory 
        membership. Advisory members shall be selected from the broader 
        interagency community, and may include representatives from the 
        following;
                    (A) The Department of State.
                    (B) The Department of Justice.
                    (C) The Department of Commerce.
                    (D) The United States Agency for International 
                Development.
                    (E) The Office of the Director of National 
                Intelligence.
                    (F) The National Security Council.
                    (G) The Broadcasting Board of Governors.
            (4) Leadership.--The Under Secretary of Defense for Policy 
        (or his designee) shall chair the Board.
    (c) Duties.--The duties of the Board are as follows:
            (1) Provide strategic direction for efforts of the 
        Department of Defense related to strategic communication and 
        military support to public diplomacy.
            (2) Establish Department of Defense priorities in these 
        areas.
            (3) Evaluate and select proposals for efforts that support 
        the Department of Defense strategic communication mission.
            (4) Such other duties as the Secretary may assign.

SEC. 1032. 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 ``March 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. 1033. EXTENSION OF COMMISSION TO ASSESS THE THREAT TO THE UNITED 
              STATES FROM ELECTROMAGNETIC PULSE (EMP) ATTACK.

    (a) Extension.--Section 1409 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-348; 50 U.S.C. 2301 note), as 
amended by section 1052(j) of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3435), is amended 
by striking ``The Commission shall terminate'' and all that follows 
through the period at the end and inserting ``The Commission shall 
terminate March 31, 2012.''.
    (b) Annual Reports.--Section 1403 of that Act (114 Stat. 1654A-346; 
50 U.S.C. 2301 note), as amended by section 1052(f) of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 
Stat. 3434), is amended by adding at the end the following:
    ``(c) Annual Reports.--The Commission shall, not later than March 1 
of each of years 2010, 2011, and 2012, submit to Congress a report--
            ``(1) assessing the changes to the vulnerability of United 
        States military systems and critical civilian infrastructures 
        resulting from the EMP threat and changes in the threat;
            ``(2) describing the progress, or lack of progress, in 
        protecting United States military systems and critical civilian 
        infrastructures from EMP attack; and
            ``(3) containing recommendations to address the threat and 
        protect United States military systems and critical civilian 
        infrastructures from attack.''.
    (c) Funding.--Section 1408 of that Act (114 Stat. 1654A-348; 50 
U.S.C. 2301 note), as amended by section 1052(i) of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 
Stat. 3435), is amended by adding at the end the following: ``Such 
funds shall not exceed $3,000,000 per fiscal year.''.
    (d) Additional Members.--Effective as of the date that is 90 days 
after the date of the enactment of this Act--
            (1) section 1401 of that Act (114 Stat. 1654A-346; 50 
        U.S.C. 2301 note), as amended by section 1052(d) of the 
        National Defense Authorization Act for Fiscal Year 2006 (Public 
        Law 109-163; 119 Stat. 3434), is amended by striking 
        subsections (c) and (d) and inserting the following:
    ``(c) Composition.--
            ``(1) In general.--The Commission shall be composed of 
        eleven members.
            ``(2) DOD and fema members.--Seven of the members shall be 
        appointed by the Secretary of Defense, and two of the members 
        shall be appointed by the Director of the Federal Emergency 
        Management Agency. In the event of a vacancy in the membership 
        of the Commission under this paragraph, the Secretary of 
        Defense shall appoint a new member. In selecting individuals 
        for appointment to the Commission, the Secretary of Defense 
        shall consult with the chairmen and ranking minority members of 
        the Committees on Armed Services of the Senate and House of 
        Representatives.
            ``(3) FCC and hhs members.--One of the members shall be 
        appointed by the Chairman of the Federal Communications 
        Commission, and one of the members shall be appointed by the 
        Secretary of Health and Human Services. In the event of a 
        vacancy in the membership of the Commission under this 
        paragraph, the vacancy shall be filled in the same manner as 
        the original appointment under this paragraph. In selecting an 
        individual for appointment to the Commission, the Chairman of 
        the Federal Communications Commission shall consult with the 
        chairmen and ranking minority members of the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives. In selecting an individual for appointment to 
        the Commission, the Secretary of Health and Human Services 
        shall consult with the chairmen and ranking minority members of 
        the Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives.
    ``(d) Qualifications.--Members of the Commission appointed by the 
Secretary of Defense and the Director of the Federal Emergency 
Management Agency shall be appointed from among private United States 
citizens with knowledge and expertise in the scientific, technical, and 
military aspects of electromagnetic pulse effects referred to in 
subsection (b). The member of the Commission appointed by the Chairman 
of the Federal Communications Commission shall be appointed from among 
private United States citizens with knowledge and expertise in 
telecommunications, network infrastructure and management, information 
services, and emergency preparedness communications. The member of the 
Commission appointed by the Secretary of Health and Human Services 
shall be appointed from among private United States citizens with 
knowledge and expertise in public health, including preparedness for, 
and response to, public health emergencies.''; and
            (2) section 1405 of that Act (114 Stat. 1654A-347; 50 
        U.S.C. 2301 note) is amended in subsection (b)(1) by striking 
        ``Five'' and inserting ``Six''.

                    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 
February 1, 2009.
    (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. STUDIES TO ANALYZE ALTERNATIVE MODELS FOR ACQUISITION AND 
              FUNDING OF INTER-CONNECTED CYBERSPACE SYSTEMS.

    (a) Studies Required.--
            (1) FFRDC.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary of Defense shall enter 
        into a contract with an independent federally funded research 
        and development center (FFRDC) to carry out a comprehensive 
        study of policies, procedures, organization, and regulatory 
        constraints affecting the acquisition of technologies 
        supporting network-centric operations. The contract shall be 
        funded from amounts appropriated or otherwise made available to 
        the Secretary for fiscal year 2009 for operation and 
        maintenance, Defense-wide.
            (2) Joint chiefs of staff.--Concurrently, the Chairman of 
        the Joint Chiefs of Staff shall carry out a comprehensive study 
        of the same subjects covered by paragraph (1). The study shall 
        be independent of the study required by paragraph (1) and shall 
        be carried out in conjunction with the military departments and 
        in coordination with the Secretary of Defense.
    (b) Matters To Be Addressed.--Each study required by subsection (a) 
shall address the following matters:
            (1) Development of a taxonomy for understanding the 
        different yet key foundational components that contribute to 
        network-centric operations, such as data transport, processing, 
        storage, data collection, and dissemination.
            (2) Mapping ongoing acquisition programs to this taxonomy.
            (3) Development of alternative acquisition and funding 
        models utilizing this network-centric taxonomy, which might 
        include--
                    (A) a model under which a joint entity independent 
                of any military service (such as the Joint Staff) is 
                established with responsibility and control of all 
                funding for the acquisition of technologies for 
                network-centric operations, and with authority to 
                oversee the incorporation of such technologies into the 
                acquisition programs of the military departments;
                    (B) a model under which an executive agent is 
                established that would manage and oversee the 
                acquisition of technologies for network-centric 
                operations, but would not have exclusive ownership or 
                control of funding for such programs;
                    (C) a model under which the current approach to the 
                acquisition and funding of technologies supporting 
                network-centric operations is maintained; and
                    (D) any other models that the entity carrying out 
                the study considers relevant and deserving of 
                consideration.
            (4) An analysis of each of the alternative models under 
        paragraph (3) with respect to potential gains in--
                    (A) information sharing (collecting, processing, 
                disseminating);
                    (B) network commonality;
                    (C) common communications;
                    (D) interoperability;
                    (E) mission impact and success; and
                    (F) cost effectiveness.
            (5) An evaluation of each of the alternative models under 
        paragraph (3) with respect to feasibility, including 
        identification of legal, policy, or regulatory barriers that 
        would impede implementation.
    (c) Report Required.--Not later than September 30, 2009, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the results of the studies required by 
subsection (a). The report shall include the findings and 
recommendations of the studies and any observations and comments that 
the Secretary considers appropriate.
    (d) Network-Centric Operations Defined.--In this section, the term 
``network-centric operations'' refers to the ability to exploit all 
human and technical elements of the Joint Force and mission partners 
through the full integration of collected information, awareness, 
knowledge, experience, and decision-making, enabled by secure access 
and distribution, all to achieve agility and effectiveness in a 
dispersed, decentralized, dynamic, or uncertain operational 
environment.

SEC. 1045. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.

    (a) Findings.--Congress finds that--
            (1) numerous nonstrategic nuclear weapons are held in the 
        arsenals of various countries around the world and that their 
        prevalence and portability make them attractive targets for 
        theft and for use by terrorist organizations;
            (2) the United States should identify, track, and monitor 
        these weapons as a matter of national security;
            (3) the United States should reevaluate the roles and 
        missions of nonstrategic nuclear weapons within the United 
        States nuclear posture;
            (4) the United States should assess the security risks 
        associated with existing stockpiles of nonstrategic nuclear 
        weapons and should assess the risks of nonstrategic 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 nonstrategic nuclear 
        weapons and to promote multilateral reductions in the numbers 
        of nonstrategic nuclear weapons.
    (b) Review.--The Secretary of Defense, in consultation with the 
Secretary of State, the Secretary of Energy, and the Director of 
National Intelligence, shall conduct a review of nonstrategic nuclear 
weapons world-wide that includes--
            (1) an inventory of the nonstrategic nuclear arsenals of 
        the United States and each of the other countries that possess, 
        or is believed to possess, nonstrategic nuclear weapons, which 
        indicates, as accurately as possible, the nonstrategic 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 nonstrategic nuclear weapons and 
        their component materials;
            (2) an analysis of the reliance placed on nonstrategic 
        nuclear weapons by the United States and each of the other 
        countries that possess, or is believed to possess, nonstrategic 
        nuclear weapons, and an evaluation of nonstrategic nuclear 
        weapons as deterrents against the use of nuclear weapons and 
        other weapons of mass destruction by state or non-state actors;
            (3) an assessment of the risks associated with the 
        deployment, transfer, and storage of nonstrategic nuclear 
        weapons by the United States and each of the other countries 
        that possess, or is believed to possess, nonstrategic nuclear 
        weapons and the risks of nonstrategic nuclear weapons being 
        employed by rogue states, terrorists, and other state or non-
        state actors; and
            (4) recommendations for--
                    (A) mechanisms and procedures to improve security 
                safeguards for the nonstrategic nuclear weapons of the 
                United States and of each of the other countries that 
                possess, or is believed to possess, nonstrategic 
                nuclear weapons;
                    (B) mechanisms and procedures for implementing 
                transparent multilateral reductions in nonstrategic 
                nuclear weapons arsenals; and
                    (C) methods for consolidating, dismantling, and 
                disposing of the nonstrategic nuclear weapons of the 
                United States and of each of the other countries that 
                possess, or is believed to possess, nonstrategic 
                nuclear weapons, including methods of monitoring and 
                verifying consolidation, dismantlement, and disposal.
    (c) Report.--
            (1) Report required.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of Defense 
        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.
    (d) Definition.--For purposes of this section, the term 
``nonstrategic nuclear weapon'' means a nuclear weapon employed by 
land, sea, or air (including, without limitation, by short, medium and 
intermediate range ballistic missiles, air and sea launched cruise 
missiles, gravity bombs, torpedoes, land mines, sea mines, artillery 
shells, and personnel carried devices) against opposing forces, 
supporting installations, or facilities in support of operations that 
contribute to the accomplishment of a military mission of limited 
scope.

SEC. 1046. STUDY ON NATIONAL DEFENSE IMPLICATIONS OF SECTION 1083.

    The Department of Defense shall study the national defense 
implications of section 1083 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 338).

SEC. 1047. REPORT ON METHODS DEPARTMENT OF DEFENSE UTILIZES TO ENSURE 
              COMPLIANCE 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 is taking to ensure that all contractors of the Department 
performing work on Guam comply with local tax and licensing 
requirements. The report shall--
            (1) include what language will be utilized in contract 
        documents requiring compliance with local tax and licensing 
        laws;
            (2) identify what authorities the Department will use to 
        compliance with such local laws; and
            (3) also include the steps being taken by the Department to 
        partner with the Government of Guam Department of Revenue and 
        Taxation to ensure that there is transparency and a 
        coordination of effort to ensure that the local government has 
        visibility of contractors performing work on Guam.

                 Subtitle F--Congressional Recognitions

SEC. 1051. SENSE OF CONGRESS HONORING THE HONORABLE DUNCAN HUNTER.

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

SEC. 1052. SENSE OF CONGRESS IN HONOR OF THE HONORABLE JIM SAXTON, A 
              MEMBER OF THE HOUSE OF REPRESENTATIVES.

    (a) Findings.--Congress makes the following findings:
            (1) Representative Hugh James ``Jim'' Saxton was elected in 
        November 1984 to fill both the unexpired term of Congressman 
        Edwin B. Forsythe in the 98th Congress, and the open seat for 
        the 99th Congress.
            (2) Representative Saxton is a senior member of the 
        Committee on Armed Services, having served on the committee 
        since 1989, and is today the ranking Member of its Air and Land 
        Forces Subcommittee in the 110th Congress, 2007-2008.
            (3) Representative Saxton is one of the few Members to have 
        ever represented a district that included active-duty Army, 
        Navy, and Air Force bases.
            (4) Representative Saxton served as Chairman of the 
        Military Installations and Facilities Subcommittee from 2001 to 
        2002, and Chairman of the Terrorism and Unconventional Threats 
        and Capabilities Subcommittee from 2003 to 2006.
            (5) Representative Saxton has served soldiers, sailors, 
        airmen, and Department of Defense civilians and military 
        families in New Jersey, the United States, and around the 
        world, regarding issues of fair pay, housing modernization, 
        benefits, health care, force protection, and other issues.
            (6) Representative Saxton worked diligently and 
        successfully to save all three military bases in southern New 
        Jersey--Fort Dix, McGuire Air Force Base, and Lakehurst Naval 
        Air Engineering Station.
            (7) Representative Saxton secured the future of the three 
        bases by having the foresight to encourage them to participate 
        in multiple inter-service joint projects and exercises for more 
        than 10 years prior to the 2005 base realignment and closure 
        (BRAC) action that directed that they become a single, joint 
        installation, the Nation's only Army-Navy-Air Force base, to be 
        stood-up in 2009 as Joint Base McGuire-Dix-Lakehurst.
            (8) Representative Saxton has helped modernize Fort Dix, 
        McGuire Air Force Base, and Lakehurst Navy Base, by working 
        with Secretaries and Chiefs of the Army, Navy, Marines, and Air 
        Force, and other officials, and in particular the Army Reserve, 
        Army National Guard, National Guard Bureau, Air National Guard, 
        Air Mobility Command, and Air Force Reserve, to enhance the 
        three bases' national security missions and bring 
        $1,800,000,000 in infrastructure during his tenure.
            (9) Representative Saxton saved the 1,400-member 108th New 
        Jersey Air National Guard Air Refueling Wing from dismantlement 
        in 2005 by directing that newer KC-135R Stratotanker aircraft 
        be sent to replace retiring KC-135 E model aircraft.
            (10) Representative Saxton saved the cargo airlift mission 
        of McGuire Air Force Base by bringing a squadron of C-17 
        Globemasters to McGuire after the mandatory retirement of all 
        of the bases' C-141 Starlifter transports, and worked to 
        procure many other C-17s for other bases across the country to 
        perform the Nation's airlift missions.
            (11) Representative Saxton took the leadership role in 
        bringing the mothballed battleship USS New Jersey home to the 
        Delaware River from where it was launched in 1943, so it could 
        become a naval museum and monument to the 20th Century 
        conflicts in which the dreadnought served.
            (12) Representative Saxton, a long time advocate of anti 
        terrorism efforts, served as the Chairman of the House Task 
        Force on Terrorism and Unconventional Warfare from 1996 to 
        2003.
            (13) Representative Saxton in 1998 helped create and later 
        expand the Weapons of Mass Destruction Civil Support Teams 
        (WMD-CST) program in the National Guard, ultimately leading to 
        a WMD-CST in each State and territory to respond to domestic 
        terrorism.
            (14) Representative Saxton was appointed by the Speaker of 
        the House of Representatives in March 2000 to be chairman of 
        the Committee on Armed Services' newly formed Special Oversight 
        Panel on Terrorism, due to long advocacy of anti-terrorism 
        preparedness.
            (15) Representative Saxton is a long-time supporter of the 
        warriors of the Special Operations Command (SOCOM), both before 
        and after the attacks of September 11, 2001, and has met with 
        special operators in Washington, DC, at SOCOM bases in the 
        United States, and in theater.
            (16) Representative Saxton worked for over a decade to 
        create the first terrorism subcommittee on the Committee on 
        Armed Services, becoming its first chairman when the 
        Subcommittee on Terrorism and Unconventional Threats and 
        Capabilities organized in 2003 with oversight of United States 
        elite forces, including Army Rangers, Green Berets, Navy SEALS, 
        and Marine Special Forces.
    (b) Sense of Congress.--It is the sense of Congress that the 
Honorable Jim Saxton, Representative from New Jersey, has discharged 
his official duties with integrity and distinction, has served the 
House of Representatives and the American people selflessly, and 
deserves the sincere and humble gratitude of Congress and the Nation.

SEC. 1053. SENSE OF CONGRESS HONORING THE HONORABLE TERRY EVERETT.

    (a) Findings.--Congress makes the following findings:
            (1) Representative Terry Everett was elected to represent 
        Alabama's 2d Congressional district in 1992 and served in the 
        House of Representatives until the end of the 110th Congress in 
        2008 with distinction, class, integrity, and honor.
            (2) Representative Everett served on the Committee on Armed 
        Services of the House of Representatives for 16 years, 
        including service as Chairman of the Subcommittee on Strategic 
        Forces from 2002 through 2006 and, from 2006 through 2008, as 
        Ranking Member of the Subcommittee on Strategic Forces.
            (3) Representative Everett's colleagues know him to be a 
        fair and effective lawmaker who worked for the national 
        interest while always serving Southeastern Alabama.
            (4) Representative Everett's efforts on the Committee on 
        Armed Services have been instrumental to the military value of, 
        and quality of life at, military installations in Southeastern 
        Alabama, including Maxwell-Gunter Air Force Base in Montgomery, 
        home of Air University, and Fort Rucker in the Wiregrass area, 
        home of the Army's Aviation Warfighting Center.
            (5) Representative Everett has been a leader in efforts to 
        develop and deploy robust and effective space and intelligence 
        capabilities and missile defense systems to enhance the 
        capabilities of the Armed Forces and protect the American 
        people, the United States and its deployed troops, and allies 
        of the United States.
            (6) Representative Everett also has been a leader on issues 
        relating to national security space activities and missile 
        defense space activities.
    (b) Sense of Congress.--It is the Sense of Congress that the 
Honorable Terry Everett, Representative from Alabama, has served the 
House of Representatives and the American people selflessly, and 
deserves the sincere and humble gratitude of Congress and the Nation.

SEC. 1054. SENSE OF CONGRESS HONORING THE HONORABLE JO ANN DAVIS.

    (a) Findings.--Congress makes the following findings:
            (1) Representative Jo Ann Davis was elected to the House of 
        Representatives in November 2000 following the late Congressman 
        Herbert H. Bateman.
            (2) Representative Davis was the second woman elected to 
        Congress in the Commonwealth of Virginia, and the first 
        Republican woman elected to Congress in the Commonwealth of 
        Virginia.
            (3) Representative Davis was a member of the Committee on 
        Armed Services, serving as Ranking Member of the Readiness 
        Subcommittee in the 110th Congress.
            (4) Representative Davis served soldiers, sailors, airmen 
        and Department of Defense civilians and military personnel 
        regarding issues of health care, modernization, benefits, force 
        protection and other issues.
            (5) Representative Davis also served on the House Permanent 
        Select Committee on Intelligence in the 109th Congress and as 
        Chairwoman of the Subcommittee on Intelligence Policy.
            (6) Representative Davis, a strong proponent of Naval Force 
        Structure, helped secure construction on the Navy's next-
        generation aircraft carrier, CVN-21, during her tenure.
    (b) Sense of Congress.--It is the sense of Congress that the 
Honorable Jo Ann Davis, a late Representative from Virginia, performed 
her official duties with integrity and distinction, served the House of 
Representatives and the American people selflessly, and deserves the 
sincere and humble gratitude of Congress and the Nation.

                       Subtitle G--Other Matters

SEC. 1061. AMENDMENT TO ANNUAL SUBMISSION OF INFORMATION REGARDING 
              INFORMATION TECHNOLOGY CAPITAL ASSETS.

    Section 351(a)(2) of the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2516), is 
amended to read as follows:
            ``(2) Information technology capital assets that--
                    ``(A) have an estimated total cost for the fiscal 
                year for which the budget is submitted in excess of 
                $30,000,000;
                    ``(B) have been determined by the Chief Information 
                Officer of the Department of Defense and the Director 
                of the Office of Management and Budget to be 
                significant investments; and
                    ``(C) with respect to which the Department of 
                Defense is required to submit a capital asset plan to 
                the Office of Management and Budget in accordance with 
                section 300 of Office of Management and Budget Circular 
                A-11.''.

SEC. 1062. RESTRICTION ON DEPARTMENT OF DEFENSE RELOCATION OF MISSIONS 
              OR FUNCTIONS FROM CHEYENNE MOUNTAIN AIR FORCE STATION.

    The Secretary of Defense may not relocate, make preparations for 
relocation, or undertake the relocation of any mission or function from 
Cheyenne Mountain Air Force Station until 30 days after the date on 
which the Secretary of Defense submits to the congressional defense 
committees certification in writing that the Secretary intends to 
relocate the mission or function. Such certification shall be comprised 
of a report, which shall include--
            (1) a description of the mission or function to be 
        relocated;
            (2) the validated requirements for relocation of the 
        mission or function, and the benefits of such relocation;
            (3) the estimate of the total costs associated with such 
        relocation;
            (4) the results of independent vulnerability, security, and 
        risk assessments of the relocation of the mission or function; 
        and
            (5) the Secretary's implementation plan for mitigating any 
        security or vulnerability risk identified through an 
        independent assessment referred to in paragraph (4), including 
        the cost, schedule, and personnel estimates associated with 
        such plan.

SEC. 1063. 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 of 
        such title, and the table of chapters at the beginning of part 
        IV of such subtitle, are each amended by striking the item 
        relating to chapter 667 and inserting the following new item:

``667. Issue of Serviceable Material Other Than to Armed        7911''.
                            Forces.
    (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) 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) is amended by striking ``as amended by'' 
        and inserting ``as inserted by''.
            (4) Section 805(a) is amended by striking
        ``Act ,'' and inserting ``Act,''.
            (5) Section 883(b) 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) is amended by striking ``sections'' 
        and inserting ``parts''.
            (7) Section 904(a)(4) 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 ``semicolon'' and inserting ``comma''.
            (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 ``the Army'' and inserting ``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''.
    (f) Public Law 106-113.--Effective as of November 29, 1999, and as 
if included therein as enacted, section 553 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2000 (as 
enacted into law by section 1000(a)(2) of Public Law 106-113 (113 Stat. 
1535, 1501A-99)) is amended by striking ``five-year period'' and 
inserting ``eight-year period''.

SEC. 1064. SUBMISSION TO CONGRESS OF REVISION TO REGULATION ON ENEMY 
              PRISONERS OF WAR, RETAINED PERSONNEL, CIVILIAN INTERNEES, 
              AND OTHER DETAINEES.

    (a) Submission to Congress.--No activity relating to a successor 
regulation to Army Regulation 190-8 Enemy Prisoners of War, Retained 
Personnel, Civilian Internees and Other Detainees (dated October 1, 
1997) may be carried out 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. 1065. AUTHORIZATION OF APPROPRIATIONS FOR PAYMENTS TO PORTUGUESE 
              NATIONALS EMPLOYED BY THE DEPARTMENT OF DEFENSE.

    (a) Authorization for Payments.--Subject to subsection (b), the 
Secretary of Defense may authorize payments to Portuguese nationals 
employed by the Department of Defense in Portugal, for the difference 
between--
            (1) the salary increases resulting from section 8002 of the 
        Department of Defense Appropriations Act, 2006 (Public Law 109-
        148 119 Stat. 2697; 10 U.S.C. 1584 note) and section 8002 of 
        the Department of Defense Appropriations Act, 2007 (Public Law 
        109-289; 120 Stat. 1271; 10 U.S.C. 1584 note); and
            (2) salary increases supported by the Department of Defense 
        Azores Foreign National wage surveys for survey years 2006 and 
        2007.
    (b) Limitation.--The authority provided in subsection (a) may be 
exercised only if--
            (1) the wage survey methodology described in the United 
        States--Portugal Agreement on Cooperation and Defense, with 
        supplemental technical and labor agreements and exchange of 
        notes, signed at Lisbon on June 1, 1995, and entered into force 
        on November 21, 1995, is eliminated; and
            (2) the agreements and exchange of notes referred to in 
        paragraph (1) and any implementing regulations thereto are 
        revised to explicitly state the requirement that future 
        increases in the pay of Portuguese nationals employed by the 
        Department of Defense in Portugal are to be made in compliance 
        with United States law and regulations prescribed by the 
        Secretary of Defense.
    (c) Authorization for Appropriation.--There is authorized to be 
appropriated to the Secretary of Defense $240,000 for fiscal year 2009 
for the purpose of the payments authorized by subsection (a).

SEC. 1066. STATE DEFENSE FORCE IMPROVEMENT.

    (a) Findings.--Congress makes the following findings:
            (1) Domestic threats to national security and the increased 
        use of National Guard forces for out-of-State deployments 
        greatly increase the potential for service by members of State 
        defense forces established under section 109(c) of title 32, 
        United States Code.
            (2) The efficacy of State defense forces is impeded by lack 
        of clarity in the Federal regulations concerning those forces, 
        particularly in defining levels of coordination and cooperation 
        between those forces and the Department of Defense.
            (3) The State defense forces suffer from lack of 
        standardized military training, arms, equipment, support, and 
        coordination with the Department of Defense as a result of real 
        and perceived Federal regulatory impediments.
    (b) Recognition and Support for State Defense Forces.--Section 109 
of title 32, United States Code, is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (j) and (k), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsections:
    ``(d) Recognition.--Congress hereby recognizes forces established 
under subsection (c) as an integral military component of the United 
States, while reaffirming that those forces remain entirely State 
regulated, organized, and equipped and recognizing that those forces 
will be used exclusively at the local level and in accordance with 
State law.
    ``(e) Assistance by Department of Defense.--(1) The Secretary of 
Defense may coordinate with, and provide assistance to, a defense force 
established under subsection (c) to the extent such assistance is 
requested by a State or by a force established under subsection (c) and 
subject to the provisions of this section.
    ``(2) The Secretary may not provide assistance under paragraph (1) 
if, in the judgment of the Secretary, such assistance would--
            ``(A) impede the ability of the Department of Defense to 
        execute missions of the Department;
            ``(B) take resources away from warfighting units;
            ``(C) incur nonreimbursed identifiable costs; or
            ``(D) consume resources in a manner inconsistent with the 
        mission of the Department of Defense.
    ``(f) Use of Department of Defense Property and Equipment.--The 
Secretary of Defense may authorize qualified personnel of a force 
established under subsection (c) to use and operate property, arms, 
equipment, and facilities of the Department of Defense as needed in the 
course of training activities and State active duty.
    ``(g) Transfer of Excess Equipment.--(1) The Secretary of Defense 
may transfer to a State or a force established under subsection (c) any 
personal property of the Department of Defense that the Secretary 
determines is--
            ``(A) excess to the needs of the Department of Defense; and
            ``(B) suitable for use by a force established under 
        subsection (c).
    ``(2) The Secretary of Defense may transfer personal property under 
this section only if--
            ``(A) the property is drawn from existing stocks of the 
        Department of Defense;
            ``(B) the recipient force established under subsection (c) 
        accepts the property on an as-is, where-is basis;
            ``(C) the transfer is made without the expenditure of any 
        funds available to the Department of Defense for the 
        procurement of defense equipment; and
            ``(D) all costs incurred subsequent to the transfer of the 
        property are borne or reimbursed by the recipient.
    ``(3) Subject to paragraph (2)(D), the Secretary may transfer 
personal property under this section without charge to the recipient 
force established under subsection (c).
    ``(h) Federal/State Training Coordination.--(1) Participation by a 
force established under subsection (c) in a training program of the 
Department of Defense is at the discretion of the State.
    ``(2) Nothing in this section may be construed as requiring the 
Department of Defense to provide any training program to any such 
force.
    ``(3) Any such training program shall be conducted in accordance 
with an agreement between--
            ``(A) the Secretary of Defense; and
            ``(B) the State or the force established under subsection 
        (c) if so authorized by State law.
    ``(4) Any direct costs to the Department of Defense of providing 
training assistance to a force established under subsection (c) shall 
be reimbursed by the State. Any agreement under paragraph (3) between 
the Department of Defense and a State or a force established under 
subsection (c) for such training assistance shall provide for payment 
of such costs.
    ``(i) Federal Funding of State Defense Forces.--Funds available to 
the Department of Defense may not be made available to a State defense 
force.''.
    (c) Definition of State.--
            (1) Definition.--Such section is further amended by adding 
        at the end the following new subsection:
    ``(l) State Defined.--In this section, the term `State' includes 
the District of Columbia, the Commonwealth of Puerto Rico, Guam, and 
the Virgin Islands.''.
            (2) Conforming amendments.--Such section is further amended 
        in subsections (a), (b), and (c) by striking ``a State, the 
        Commonwealth of Puerto Rico, the District of Columbia, Guam, or 
        the Virgin Islands'' each place it appears and inserting ``a 
        State''.
    (d) Stylistic Amendments.--Such section is further amended--
            (1) in subsection (a), by inserting ``Prohibition on 
        Maintenance of Other Troops.--'' after ``(a)'';
            (2) in subsection (b), by inserting ``Use Within State 
        Borders.--'' after ``(b)'';
            (3) in subsection (c), by inserting ``State Defense Forces 
        Authorized.--'' after ``(c)'';
            (4) in subsection (j), as redesignated by subsection 
        (a)(1), by inserting ``Effect of Membership in Defense 
        Forces.--'' after ``(j)''; and
            (5) in subsection (k), as redesignated by subsection 
        (a)(1), by inserting ``Prohibition on Reserve Component Members 
        Joining Defense Forces.--'' after ``(k)''.
    (e) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 109. Maintenance of other troops: State defense forces''.
            (2) Clerical amendment.--The item relating to such section 
        in the table of sections at the beginning of chapter 1 of such 
        title is amended to read as follows:

``109. Maintenance of other troops: State defense forces.''.

SEC. 1067. 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).
    (e) Funding.--Of the amounts authorized to be appropriated by 
section 301(13) of this Act, $7,175,000 is authorized to carry out 
subsection (a).

SEC. 1068. SENSE OF CONGRESS REGARDING THE ROLES AND MISSIONS OF THE 
              DEPARTMENT OF DEFENSE AND OTHER NATIONAL SECURITY 
              INSTITUTIONS.

    It is the sense of Congress as follows:
            (1) To ensure the future security of the United States, all 
        of the national security organizations of the Federal 
        Government must work together more effectively.
            (2) The conflicts in Iraq and Afghanistan have demonstrated 
        a need to expand the definition of national security 
        organizations to include all departments and agencies that 
        contribute to the relations of the United States with the 
        world.
            (3) As the largest national security organization, the 
        Department of Defense must effectively collaborate in both a 
        supported and supporting role with other departments and 
        agencies.
            (4) Section 941 of Public Law 110-181 created an 
        opportunity for the Department of Defense to address internal 
        assignments of functions.
            (5) The Initial Perspectives report of the Panel on Roles 
        and Missions of the Committee on Armed Services of the House of 
        Representatives illustrated the following three levels of 
        coordination that must be improved:
                    (A) Inter-agency coordination.
                    (B) Department of Defense-wide coordination.
                    (C) Inter-service coordination.
            (6) Institutionalizing effective coordination within and 
        among the national security organizations of the Federal 
        Government may require fundamental reform.

SEC. 1069. SENSE OF CONGRESS RELATING TO 2008 SUPPLEMENTAL 
              APPROPRIATIONS.

    It is the sense of Congress that readiness shortfalls exist within 
the Armed Forces of the United States, thus increasing risk to the 
national security of the United States. Congress has provided, and will 
continue to provide, funds to address the readiness shortfalls in the 
Armed Forces of the United States.

SEC. 1070. SENSE OF CONGRESS REGARDING DEFENSE REQUIREMENTS OF THE 
              UNITED STATES.

    It is the sense of Congress that the defense requirements of the 
United States should be based upon a comprehensive national security 
strategy and fully funded to counter present and emerging threats.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Temporary authority to waive limitation on premium pay for 
                            Federal employees.
Sec. 1102. Extension of authority to make lump-sum severance payments.
Sec. 1103. Extension of voluntary reduction-in-force authority of 
                            Department of Defense.
Sec. 1104. Technical amendment to definition of professional accounting 
                            position.
Sec. 1105. Expedited hiring authority for health care professionals.
Sec. 1106. Authority to adjust certain limitations on personnel and 
                            reports on such adjustments.
Sec. 1107. Temporary discretionary authority to grant allowances, 
                            benefits, and gratuities to personnel on 
                            official duty in a combat zone.
Sec. 1108. Requirement relating to furloughs during the time of a 
                            contingency operation.
Sec. 1109. Direct hire authority for certain positions at personnel 
                            demonstration laboratories.

SEC. 1101. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON PREMIUM PAY FOR 
              FEDERAL EMPLOYEES.

    (a) Waiver Authority.--Subject to subsection (b), the head of an 
agency may waive the limitation under section 5547(a) of title 5, 
United States Code, with respect to premium pay for any service which 
is performed by an employee of such agency--
            (1) in an overseas location within the area of 
        responsibility of the Commander of the United States Central 
        Command; and
            (2) in direct support of or directly related to--
                    (A) a military operation, including a contingency 
                operation; or
                    (B) an operation in response to an emergency 
                declared by the President.
    (b) Limitations.--Waiver authority under this section shall be 
available only with respect to premium pay for service performed in 
2009, and only to the extent that its exercise would not cause an 
employee's total basic pay and premium pay for 2009 to exceed $212,100.
    (c) Additional Pay Not Considered Basic Pay.--Any amount of premium 
pay that would not have been payable but for a waiver under this 
section shall not be considered to be basic pay for any purpose and 
shall not be used in computing a lump-sum payment for accumulated and 
accrued annual leave under section 5551 of title 5, United States Code.
    (d) Regulations.--The Director of the Office of Personnel 
Management may prescribe any regulations which may be necessary to 
ensure consistency among heads of agencies in the application of this 
section.
    (e) Definitions.--For purposes of this section--
            (1) the terms ``agency'' and ``employee'' have the 
        respective meanings given such terms by section 5541 of title 
        5, United States Code;
            (2) the term ``premium pay'' refers to any premium pay 
        described in section 5547(a) of such title 5; and
            (3) the term ``contingency operation'' has the meaning 
        given such term by section 101(a)(13) of title 10, United 
        States Code.

SEC. 1102. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM SEVERANCE PAYMENTS.

    Section 5595(i)(4) of title 5, United States Code, is amended by 
striking ``October 1, 2010'' and inserting ``October 1, 2014''.

SEC. 1103. EXTENSION OF VOLUNTARY REDUCTION-IN-FORCE AUTHORITY OF 
              DEPARTMENT OF DEFENSE.

    Section 3502(f)(5) of title 5, United States Code, is amended by 
striking ``September 30, 2010'' and inserting ``September 30, 2014''.

SEC. 1104. TECHNICAL AMENDMENT TO DEFINITION OF PROFESSIONAL ACCOUNTING 
              POSITION.

    Section 1599d(e) of title 10, United States Code, is amended by 
striking ``GS-510, GS-511, and GS-505'' and inserting ``0505, 0510, or 
0511 (or an equivalent)''.

SEC. 1105. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE PROFESSIONALS.

    (a) Expedited Hiring Authority.--Section 1599c(a) of title 10, 
United States Code, is amended--
            (1) by inserting ``(1)'' before ``The Secretary of Defense 
        may''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) For purposes of sections 3304, 5333, and 5753 of title 5, 
the Secretary of Defense may--
            ``(i) designate any category of medical or health 
        professional positions within the Department of Defense as 
        shortage category positions; and
            ``(ii) utilize the authorities in such sections to recruit 
        and appoint highly qualified persons directly to positions so 
        designated.
    ``(B) In using the authority provided by this paragraph, the 
Secretary shall apply the principles of preference for the hiring of 
veterans and other persons established in subchapter 1 of chapter 33 of 
title 5.''.
    (b) Termination of Authority.--Section 1599c(c) of such title is 
amended--
            (1) by inserting ``(1)'' before ``The authority of'';
            (2) by striking ``September 30, 2010'' and inserting 
        ``September 30, 2012''; and
            (3) by adding at the end the following new paragraph:
    ``(2) The Secretary may not appoint a person to a position of 
employment under subsection (a)(2) after September 30, 2012.''.

SEC. 1106. AUTHORITY TO ADJUST CERTAIN LIMITATIONS ON PERSONNEL AND 
              REPORTS ON SUCH ADJUSTMENTS.

    (a) Authority To Adjust Limitations on OSD Personnel.--
            (1) Section 143 of title 10, United States Code, is 
        amended--
                    (A) in subsection (a), by striking ``The number'' 
                and inserting ``Subject to subsection (b), the 
                number'';
                    (B) by redesignating subsections (b) and (c) as 
                subsections (c) and (d), respectively;
                    (C) by inserting after subsection (a) the following 
                new subsection (b):
    ``(b) Authority To Adjust Limitation.--(1) For fiscal year 2009 and 
fiscal years thereafter, the Secretary of Defense may adjust the 
limitation on OSD personnel in accordance with paragraph (2) to 
accommodate increases in workload or to modify the type of personnel 
required to accomplish work.
    ``(2) The Secretary may adjust the baseline personnel limitation 
under paragraph (1) by increasing it by no more than 5 percent in a 
fiscal year.''; and
                    (D) by amending subsection (c) (as so redesignated) 
                to read as follows:
    ``(c) Definitions.--In this section:
            ``(1) The term `OSD personnel' means military and civilian 
        personnel of the Department of Defense who are assigned to, or 
        employed in, functions in the Office of the Secretary of 
        Defense (including Direct Support Activities of that Office and 
        the Washington Headquarters Services of the Department of 
        Defense).
            ``(2) The term `baseline personnel limitation', with 
        respect to OSD personnel, means--
                    ``(A) for fiscal year 2009, the number described in 
                subsection (a); and
                    ``(B) for any fiscal year thereafter, such number 
                as increased (if at all) by the Secretary under 
                subsection (b) during preceding fiscal years.''.
    (b) Defense Agencies and Field Activities.--Section 194 of title 
10, United States Code, is amended--
            (1) in subsections (a) and (b), by striking ``The total'' 
        each place it appears and inserting ``Subject to subsection 
        (c), the total'';
            (2) by redesignating subsections (c), (d), (e), and (f) as 
        subsections (d), (e), (f), and (g), respectively;
            (3) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Authority To Adjust Limitation.--(1) For fiscal year 2009 and 
fiscal years thereafter, the Secretary of Defense may adjust the 
baseline personnel limitations in subsection (a) in accordance with 
paragraph (2) to accommodate increases in workload or to modify the 
type of personnel required to accomplish work.
    ``(2) The Secretary may adjust a baseline personnel limitation 
under paragraph (1) by increasing it by no more than 5 percent in a 
fiscal year.''; and
            (4) by amending subsection (g) (as so redesignated)--
                    (A) by striking ``In this section, the'' and 
                inserting ``In this section:
    ``(1) The''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) The term `baseline personnel limitation', with 
        respect to members of the armed forces and civilian employees 
        described in subsection (a) or subsection (b), means--
                    ``(A) for fiscal year 2009, the number described in 
                subsection (a) or (b), respectively; and
                    ``(B) for any fiscal year thereafter, such number 
                as increased (if at all) by the Secretary under 
                subsection (c) during preceding fiscal years.''.
    (c) Office of the Secretary of the Army and Army Staff.--Subsection 
(f) of section 3014 of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(5)(A) For fiscal year 2009 and fiscal years thereafter, 
        the Secretary of the Army may adjust the baseline personnel 
        limitation in paragraph (1), (2), or (3) in accordance with 
        subparagraph (B) to accommodate increases in workload or to 
        modify the type of personnel required to accomplish work.
            ``(B) The Secretary may adjust a baseline personnel 
        limitation under subparagraph (A) by increasing it by no more 
        than 5 percent in a fiscal year.
            ``(C) In this subsection, the term `baseline personnel 
        limitation', with respect to members of the armed forces and 
        civilian employees described in paragraph (1), (2), or (3), 
        means--
                    ``(i) for fiscal year 2009, the number described in 
                paragraph (1), (2), or (3), respectively; and
                    ``(ii) for any fiscal year thereafter, such number 
                as increased (if at all) by the Secretary under 
                subparagraph (A) during preceding fiscal years.''.
    (d) Office of the Secretary of the Navy, Office of the Chief of 
Naval Operations, and Headquarters, Marine Corps.--Subsection (f) of 
section 5014 of title 10, United States Code, is amended by adding at 
the end the following new paragraph:
            ``(5)(A) For fiscal year 2009 and fiscal years thereafter, 
        the Secretary of the Navy may adjust the baseline personnel 
        limitation in paragraph (1), (2), or (3) in accordance with 
        subparagraph (B) to accommodate increases in workload or to 
        modify the type of personnel required to accomplish work.
            ``(B) The Secretary may adjust a baseline personnel 
        limitation under subparagraph (A) by increasing it by no more 
        than 5 percent in a fiscal year.
            ``(C) In this subsection, the term `baseline personnel 
        limitation', with respect to members of the armed forces and 
        civilian employees described in paragraph (1), (2), or (3), 
        means--
                    ``(i) for fiscal year 2009, the number described in 
                paragraph (1), (2), or (3), respectively; and
                    ``(ii) for any fiscal year thereafter, such number 
                as increased (if at all) by the Secretary under 
                subparagraph (A) during any preceding fiscal years.''.
    (e) Office of the Secretary of the Air Force and Air Staff.--
Subsection (f) of section 8014 of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(5)(A) For fiscal year 2009 and fiscal years thereafter, 
        the Secretary of the Air Force may adjust the baseline 
        personnel limitation in paragraph (1), (2), or (3) in 
        accordance with subparagraph (B) to accommodate increases in 
        workload or to modify the type of personnel required to 
        accomplish work.
            ``(B) The Secretary may adjust a baseline personnel 
        limitation under subparagraph (A) by increasing it by no more 
        than 5 percent in a fiscal year.
            ``(C) In this subsection, the term `baseline personnel 
        limitation', with respect to members of the armed forces and 
        civilian employees described in paragraph (1), (2), or (3), 
        means--
                    ``(i) for fiscal year 2009, the number described in 
                paragraph (1), (2), or (3), respectively; and
                    ``(ii) for any fiscal year thereafter, such number 
                as increased (if at all) by the Secretary under 
                subparagraph (A) during preceding fiscal years.''.
    (f) Report Required.--The Secretary of Defense shall submit a 
report to the congressional defense committees at the same time that 
the defense budget materials for each fiscal year are presented to 
Congress. The report shall include the following information:
            (1) During the preceding fiscal year, the average number of 
        military personnel and civilian employees of the Department of 
        Defense assigned to or detailed to permanent duty in--
                    (A) the Office of the Secretary of Defense;
                    (B) the management headquarters activities and 
                management headquarters support activities in the 
                Defense Agencies and Department of Defense Field 
                Activities;
                    (C) the Office of the Secretary of the Army and the 
                Army Staff;
                    (D) the Office of the Secretary of the Navy, the 
                Office of Chief of Naval Operations, and the 
                Headquarters, Marine Corps; and
                    (E) the Office of the Secretary of the Air Force 
                and the Air Staff.
            (2) The total increase in personnel assigned to the 
        activities or entities described in paragraph (1), if any, 
        during the preceding fiscal year--
                    (A) attributable to the replacement of contract 
                personnel with military personnel or civilian employees 
                of the Department of Defense, including the number of 
                positions associated with the replacement of contract 
                personnel performing inherently governmental functions 
                or performing lead system integrator functions; and
                    (B) attributable to reasons other than the 
                replacement of contract personnel with military 
                personnel or civilian employees of the Department, such 
                as workload or operational demand increases.
            (3) The number of military personnel and civilian employees 
        of the Department of Defense assigned to the activities or 
        entities described in paragraph (1) as of October 1 of the 
        preceding fiscal year.
            (4) An analysis and justification for any increase in 
        personnel assigned to the activities or entities described in 
        paragraph (1), if any, during the preceding fiscal year, 
        including an analysis of the workload of the activity or entity 
        and the management of the workload.
    (g) Definitions.--In this section:
            (1) Defense budget materials.--The term ``defense budget 
        materials'', with respect to a fiscal year, means the materials 
        submitted to Congress by the Secretary of Defense in support of 
        the budget for that fiscal year that is submitted to Congress 
        by the President under section 1105 of title 31, United States 
        Code.
            (2) Contract personnel.--The term ``contract personnel'' 
        means persons hired under a contract with the Department of 
        Defense for the performance of major Department of Defense 
        headquarters activities.
    (h) Comptroller General Evaluation.--Not later than April 15, 2009, 
the Comptroller General shall--
            (1) conduct an evaluation of the overall management of the 
        staffing processes and procedures for the personnel affected by 
        the amendments made by this section; and
            (2) submit to the congressional defense committees a report 
        on the results of such evaluation, with such findings and 
        recommendations as the Comptroller General considers 
        appropriate.

SEC. 1107. TEMPORARY DISCRETIONARY AUTHORITY TO GRANT ALLOWANCES, 
              BENEFITS, AND GRATUITIES TO PERSONNEL ON OFFICIAL DUTY IN 
              A COMBAT ZONE.

    (a) In General.--Section 1603(a) of the Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006 (Public Law 109-234; 120 Stat. 443) is amended--
            (1) by striking ``During fiscal years 2006, 2007, and 
        2008'' and inserting ``(1) During fiscal years 2006 (including 
        the period beginning on October 1, 2005, and ending on June 15, 
        2006), 2007, and 2008''; and
            (2) by adding at the end the following:
    ``(2) During fiscal years 2009, 2010, and 2011, the head of an 
agency may, in the agency head's discretion, provide to an individual 
employed by, or assigned or detailed to, such agency allowances, 
benefits, and gratuities comparable to those provided by the Secretary 
of State to members of the Foreign Service under section 413 and 
chapter 9 of title I of the Foreign Service Act of 1980, if such 
individual is on official duty in a combat zone (as defined by section 
112(c) of the Internal Revenue Code of 1986).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of the Emergency 
Supplemental Appropriations Act for Defense, the Global War on Terror, 
and Hurricane Recovery, 2006 (Public Law 109-234).

SEC. 1108. REQUIREMENT RELATING TO FURLOUGHS DURING THE TIME OF A 
              CONTINGENCY OPERATION.

    (a) In General.--Subchapter I of chapter 35 of title 5, United 
States Code, is amended by adding at the end the following new section:
``Sec. 3505. Furloughs within Department of Defense
    ``(a) For purposes of this section--
            ``(1) the term `furlough' means the placing of an employee 
        in a temporary status without duties and pay because of a lack 
        of funds;
            ``(2) the term `contingency operation' has the meaning 
        given such term by section 101(a)(13) of title 10; and
            ``(3) the term `defense committees' has the meaning given 
        such term by section 119(g) of title 10.
    ``(b)(1) The Secretary of Defense may not issue notice of a 
furlough described in paragraph (2) until the Secretary has certified 
to the defense committees that the Secretary has no other legal 
measures to avoid such furloughs.
    ``(2) This subsection applies with respect to any furlough that 
impacts substantial portions of the civilian workforce of the 
Department of Defense commencing during the time of a contingency 
operation.''.
    (b) Clerical Amendment.--The analysis for chapter 35 of title 5, 
United States Code, is amended by inserting after the item relating to 
section 3504 the following new item:

``3505. Furloughs within Department of Defense.''.

SEC. 1109. DIRECT HIRE AUTHORITY FOR CERTAIN POSITIONS AT PERSONNEL 
              DEMONSTRATION LABORATORIES.

    (a) Authority.--The Secretary of Defense may make appointments to 
positions described in subsection (b) without regard to the provisions 
of subchapter I of chapter 33 of title 5, United States Code, other 
than sections 3303 and 3328 of such title.
    (b) Positions Described.--This section applies with respect to any 
scientific or engineering position within a laboratory identified in 
section 9902(c)(2) of title 5, United States Code, appointment to which 
requires an advanced degree.
    (c) Limitation.--(1) Authority under this section may not, in any 
calendar year and with respect to any laboratory, be exercised with 
respect to a number of positions greater than the number equal to 2 
percent of the total number of positions within such laboratory that 
are filled as of the close of the fiscal year last ending before the 
start of such calendar year.
    (2) For purposes of this subsection, positions shall be counted on 
a full-time equivalent basis.
    (d) Employee Defined.--As used in this section, the term 
``employee'' has the meaning given such term by section 2105 of title 
5, United States Code.
    (e) Termination.--The authority to make appointments under this 
section shall not be available after December 31, 2013.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

Sec. 1201. Extension of authority to build the capacity of the Pakistan 
                            Frontier Corps.
Sec. 1202. Military-to-military contacts and comparable activities.
Sec. 1203. Enhanced authority to pay incremental expenses for 
                            participation of developing countries in 
                            combined exercises.
Sec. 1204. Extension of temporary authority to use acquisition and 
                            cross-servicing agreements to lend military 
                            equipment for personnel protection and 
                            survivability.
Sec. 1205. One-year extension of authority for distribution to certain 
                            foreign personnel of education and training 
                            materials and information technology to 
                            enhance military interoperability.
Sec. 1206. Modification and extension of authorities relating to 
                            program to build the capacity of foreign 
                            military forces.
Sec. 1207. Extension of authority for security and stabilization 
                            assistance.
Sec. 1208. Authority for support of special operations to combat 
                            terrorism.
Sec. 1209. Regional Defense Combating Terrorism Fellowship Program.

          Subtitle B--Matters Relating to Iraq and Afghanistan

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

                       Subtitle C--Other Matters

Sec. 1221. Payment of personnel expenses for multilateral cooperation 
                            programs.
Sec. 1222. Extension of Department of Defense authority to participate 
                            in multinational military centers of 
                            excellence.
Sec. 1223. Study of limitation on classified contracts with foreign 
                            companies engaged in space business with 
                            China.
Sec. 1224. Sense of Congress and congressional briefings on readiness 
                            of the Armed Forces and report on nuclear 
                            weapons capabilities of Iran.

                  Subtitle A--Assistance and Training

SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CAPACITY OF THE PAKISTAN 
              FRONTIER CORPS.

    (a) Authority.--Subsection (a) of section 1206 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 366) is amended by striking ``during fiscal year 2008'' and 
inserting ``during fiscal years 2008, 2009, and 2010''.
    (b) Funding Limitation.--Subsection (c)(1) of such section is 
amended by striking ``for fiscal year 2008 to provide the assistance 
under subsection (a)'' and inserting ``for a fiscal year specified in 
subsection (a) to provide the assistance under such subsection for such 
fiscal year''.

SEC. 1202. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.

    Section 168(e) of title 10, United States Code, is amended by 
adding at the end the following:
    ``(5) Funds available under this section for fiscal year 2009 or 
any subsequent fiscal year may be used for programs that begin in such 
fiscal year but end in the next fiscal year.''.

SEC. 1203. ENHANCED AUTHORITY TO PAY INCREMENTAL EXPENSES FOR 
              PARTICIPATION OF DEVELOPING COUNTRIES IN COMBINED 
              EXERCISES.

    Section 2010 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) Funds available under this section for fiscal year 2009 or 
any subsequent fiscal year may be used for programs that begin in such 
fiscal year but end in the next fiscal year.''.

SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND 
              CROSS-SERVICING AGREEMENTS TO LEND MILITARY EQUIPMENT FOR 
              PERSONNEL PROTECTION AND SURVIVABILITY.

    (a) Semiannual Reports to Congressional Committees.--Subsection 
(b)(3) of section 1202 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2412), as amended by section 1252 of Public Law 110-181 (122 Stat. 
402), is further amended by adding at the end the following:
                    ``(E) With respect to equipment provided to each 
                foreign force that is not returned to the United 
                States, a description of the terms of disposition of 
                the equipment to the foreign force.
                    ``(F) The percentage of equipment provided to 
                foreign forces under the authority of this section that 
                is not returned to the United States.''.
    (b) Expiration.--Subsection (e) of such section is amended by 
striking ``September 30, 2009'' and inserting ``September 30, 2010''.

SEC. 1205. ONE-YEAR EXTENSION OF AUTHORITY FOR DISTRIBUTION TO CERTAIN 
              FOREIGN PERSONNEL OF EDUCATION AND TRAINING MATERIALS AND 
              INFORMATION TECHNOLOGY TO ENHANCE MILITARY 
              INTEROPERABILITY.

    (a) Limitations.--Section 1207 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2419) is amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively; and
            (2) by inserting after subsection (f) the following:
    ``(g) Limitations.--
            ``(1) Assistance otherwise prohibited by law.--The 
        Secretary of Defense may not use the authority provided in this 
        section to provide any type of assistance described in this 
        section that is otherwise prohibited by any other provision of 
        law.
            ``(2) Limitation on eligible countries.--The Secretary of 
        Defense may not use the authority provided in this section to 
        provide any type of assistance described in this section to the 
        personnel referred to in subsection (b) of any foreign country 
        that is otherwise prohibited from receiving such type of 
        assistance under any other provision of law.''.
    (b) Annual Report.--Subsection (h)(1) of such section, as 
redesignated by subsection (a)(1) of this section, is amended by 
striking ``and 2008'' and inserting ``, 2008, and 2009''.
    (c) Termination.--Subsection (i) of such section, as redesignated 
by subsection (a)(1) of this section, is amended by striking ``2008'' 
and inserting ``2009''.

SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO 
              PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.

    (a) Limitations.--Subsection (c)(1) of section 1206 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 
Stat. 3456), as amended by section 1206 of Public Law 109-364 (120 
Stat. 2418), is further amended by adding at the end the following new 
sentence: ``Amounts available under the authority of subsection (a) for 
fiscal year 2009 or any subsequent fiscal year may be used for programs 
that begin in such fiscal year but end in the next fiscal year.''.
    (b) Two-Year Extension of Program Authority.--Subsection (g) of 
such section is amended--
            (1) in the first sentence, by striking ``2008'' and 
        inserting ``2010''; and
            (2) in the second sentence, by striking ``2006, 2007, or 
        2008'' and inserting ``2009 or 2010''.

SEC. 1207. EXTENSION OF AUTHORITY FOR SECURITY AND STABILIZATION 
              ASSISTANCE.

    Section 1207(g) of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458), as amended by 
section 1210 of Public Law 110-181 (122 Stat. 369), is further amended 
by striking ``September 30, 2008'' and inserting ``September 30, 
2010''.

SEC. 1208. AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO COMBAT 
              TERRORISM.

    (a) In General.--Chapter 3 of title 10, United States Code, is 
amended by inserting after section 127d the following new section:
``Sec. 127e. Authority for support of special operations to combat 
              terrorism
    ``(a) Authority.--The Secretary of Defense may expend up to 
$35,000,000 during any fiscal year to provide support to foreign 
forces, irregular forces, groups, or individuals engaged in supporting 
or facilitating ongoing military operations by United States special 
operations forces to combat terrorism.
    ``(b) Procedures.--The Secretary of Defense shall establish 
procedures for the exercise of the authority under subsection (a). The 
Secretary shall notify the congressional defense committees of those 
procedures before any exercise of that authority.
    ``(c) Notification.--Upon using the authority provided in 
subsection (a) to make funds available for support of an approved 
military operation, the Secretary of Defense shall notify the 
congressional defense committees expeditiously, and in any event within 
48 hours, of the use of such authority with respect to that operation. 
Such a notification need be provided only once with respect to any such 
operation. Any such notification shall be in writing.
    ``(d) Limitation on Delegation.--The authority of the Secretary of 
Defense to make funds available under subsection (a) for support of a 
military operation may not be delegated.
    ``(e) Intelligence Activities.--This section does not constitute 
authority to conduct covert action, as such term is defined in section 
503(e) of the National Security Act of 1947 (50 U.S.C. 413b(e)).
    ``(f) Annual Report.--
            ``(1) Report required.--Not later than 120 days after the 
        close of each fiscal year, the Secretary of Defense shall 
        submit to the congressional defense committees a report on 
        support provided under subsection (a) during that fiscal year.
            ``(2) Matters to be included.--Each report required by 
        paragraph (1) shall describe the support provided, including--
                    ``(A) the country involved in the activity, the 
                individual or force receiving the support, and, to the 
                maximum extent practicable, the specific region of each 
                country involved in the activity;
                    ``(B) the respective dates and a summary of 
                congressional notifications for each activity;
                    ``(C) the unified commander for each activity, as 
                well as the related objectives, as established by that 
                commander;
                    ``(D) the total amount obligated to provide 
                support;
                    ``(E) for each activity that amounts to more than 
                $500,000, specific budget details that explain the 
                overall funding level for that activity; and
                    ``(F) a statement providing a brief assessment of 
                the outcome of the support, including specific 
                indications of how the support furthered the mission 
                objective of special operations forces and the type of 
                follow-on support, if any, that may be necessary.
    ``(g) Annual Limitation.--Support may be provided under subsection 
(a) from funds made available for operations and maintenance.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 3 of such title is amended by inserting after the item relating 
to section 127d the following new item:

``127e. Authority for support of special operations to combat 
                            terrorism.''.
    (c) Repeal.--Section 1208 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2086) is hereby repealed.

SEC. 1209. REGIONAL DEFENSE COMBATING TERRORISM FELLOWSHIP PROGRAM.

    Section 2249c(b) of title 10, United States Code, is amended in the 
first sentence by striking ``$25,000,000'' and inserting 
``$35,000,000''.

          Subtitle B--Matters Relating to Iraq and Afghanistan

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES 
              RELATING TO IRAQ.

    (a) Limitation.--No funds appropriated pursuant to an authorization 
of appropriations in this Act or any other Act for any fiscal year may 
be obligated or expended for a purpose as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control of the oil resources 
        of Iraq.
    (b) Definition.--In this section, the term ``permanent stationing 
of United States Armed Forces in Iraq'' means the stationing of United 
States Armed Forces in Iraq on a continuing or lasting basis, as 
distinguished from temporary, although the basis may be permanent even 
though it may be dissolved eventually at the request either of the 
United States or of the Government of Iraq, in accordance with law.

SEC. 1212. REPORT ON STATUS OF FORCES AGREEMENTS BETWEEN THE UNITED 
              STATES AND IRAQ.

    (a) Requirement for Report.--
            (1) In general.--(A) Not later than 90 days after the date 
        of the enactment of this Act, the President shall transmit to 
        the appropriate congressional committees a report on each 
        agreement between the United States and Iraq relating to--
                    (i) the legal status of United States military 
                personnel, civilian personnel, and contractor personnel 
                of contracts awarded by any department or agency of the 
                United States Government;
                    (ii) the establishment of or access to military 
                bases;
                    (iii) the rules of engagement under which United 
                States Armed Forces operate in Iraq; and
                    (iv) any security commitment, arrangement, or 
                assurance that obligates the United States to respond 
                to internal or external threats against Iraq.
            (B) If, on the date that is 90 days after the date of the 
        enactment of this Act, no agreement between the United States 
        and Iraq described in subparagraph (A) has been completed, the 
        President shall notify the appropriate congressional committees 
        that no such agreement has been completed, and shall transmit 
        to the appropriate congressional committees the report required 
        under subparagraph (A) as soon as practicable after such an 
        agreement or agreements are completed.
            (2) Update of report.--The President shall transmit to the 
        appropriate congressional committees an update of the report 
        required under paragraph (1) whenever an agreement between the 
        United States and Iraq relating to the matters described in the 
        report is entered into or is substantially revised.
    (b) Matters To Be Included.--The report required under subsection 
(a) shall include, with respect to each agreement described in 
subsection (a), the following:
            (1) A discussion of limits placed on United States combat 
        operations by the Government of Iraq, including required 
        coordination, if any, before such operations can be undertaken.
            (2) An assessment of the extent to which conditions placed 
        on United States combat operations are greater than the 
        conditions under which United States Armed Forces operated 
        prior to the signing of the agreement, and any constraints 
        placed on United States military personnel, civilian personnel, 
        and contractor personnel of contracts awarded by any department 
        or agency of the United States Government as a result of such 
        conditions.
            (3) A discussion of the conditions under which United 
        States military personnel, civilian personnel, or contractor 
        personnel of contracts awarded by any department or agency of 
        the United States Government could be tried by an Iraqi court 
        for alleged crimes occurring both during the performance of 
        official duties and during other such times. The discussion 
        should include an assessment of the protections that such 
        personnel would be extended in an Iraqi court, if applicable.
            (4) An assessment of the protections accorded by the 
        agreement to third country nationals who carry out work for the 
        United States Armed Forces.
            (5) An assessment of authorities under the agreement for 
        United States Armed Forces and Coalition partners to apprehend, 
        detain, and interrogate prisoners and otherwise collect 
        intelligence.
            (6) A description and discussion of any security 
        commitment, arrangement, or assurance by the United States to 
        respond to internal or external threats against Iraq, including 
        the manner in which such commitment, arrangement, or assurance 
        may be implemented.
            (7) An assessment of any payments required under the 
        agreement to be paid to the Government of Iraq or other Iraqi 
        entities for rights, access, or support for bases and 
        facilities.
            (8) An assessment of any payments required under the 
        agreement for any claims for deaths and damages caused by 
        United States military personnel, civilian personnel, and 
        contractor personnel of contracts awarded by any department or 
        agency of the United States Government in the performance of 
        their official duties.
            (9) An assessment of any other provisions in the agreement 
        that would restrict the performance of the mission of United 
        States military personnel, civilian personnel, and contractor 
        personnel of contracts awarded by any department or agency of 
        the United States Government.
            (10) A discussion of how the agreement or modification to 
        the agreement was approved by the Government of Iraq, and if 
        this process was consistent with the Constitution of Iraq.
            (11) A description of the arrangements required under the 
        agreement to resolve disputes arising over matters contained in 
        the agreement or to consider changes to the agreement.
            (12) A discussion of the extent to which the agreement 
        applies to other Coalition partners.
            (13) A description of how the agreement can be terminated 
        by the United States or Iraq.
    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.
    (e) Termination of Requirement.--The requirement to submit the 
report and updates of the report under subsection (a) terminates on 
September 30, 2013.

SEC. 1213. STRATEGY FOR UNITED STATES-LED PROVINCIAL RECONSTRUCTION 
              TEAMS IN IRAQ.

    (a) In General.--The President shall--
            (1) establish a strategy to ensure that United States-led 
        Provincial Reconstruction Teams (PRTs), including embedded PRTs 
        and Provincial Support Teams, in Iraq are supporting the 
        operational and strategic goals of Coalition Forces in Iraq; 
        and
            (2) establish measures of effectiveness and performance in 
        meeting PRT-specific work plans with clearly defined objectives 
        in furtherance of the strategy required under paragraph (1).
    (b) Report.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, and every 90 days thereafter through 
        the end of fiscal year 2010, the President shall transmit to 
        the appropriate congressional committees a report on the 
        implementation of the strategy required under subsection (a) 
        and an assessment of the specific contributions PRTs are making 
        in supporting the operational and strategic goals of Coalition 
        Forces in Iraq. The initial report required under this 
        subsection should include a description of the strategy and a 
        general discussion of the measures of effectiveness and 
        performance required under subsection (a).
            (2) Inclusion in other report.--The report required under 
        this subsection may be included in the report required by 
        section 1227 of the National Defense Authorization Act for 
        Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465).
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate.

SEC. 1214. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

    (a) Authority for Fiscal Years 2008 and 2009.--Subsection (a) of 
section 1202 of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109-163; 119 Stat. 3455), as amended by section 1205 
of Public Law 110-181 (122 Stat. 366), is further amended in the matter 
preceding paragraph (1)--
            (1) by striking ``$977,441,000'' and inserting 
        ``$1,700,000,000 in fiscal year 2008 and $1,500,000,000 in 
        fiscal year 2009,''; and
            (2) by striking ``in such fiscal year''.
    (b) Limitation on Amounts for Iraq for Fiscal Year 2009.--Such 
section is further amended by adding at the end the following:
    ``(f) Limitation on Amounts for Iraq for Fiscal Year 2009.--
            ``(1) Limitation.--The amount obligated and expended under 
        this section for the Commanders' Emergency Response Program in 
        Iraq for fiscal year 2009 may not exceed twice the amount 
        obligated by the Government of Iraq during calendar year 2008 
        under the Government of Iraq Commanders' Emergency Response 
        Program (commonly known as `I-CERP'), as established pursuant 
        to the Memorandum of Understanding Between the Supreme 
        Reconstruction Council of the Secretariat of Ministers and the 
        Multi-National Force-Iraq Concerning Implementation of the 
        Government of Iraq Commanders' Emergency Response Program (I-
        CERP), signed by the parties on March 25, 2008, and April 3, 
        2008, respectively.
            ``(2) Waiver.--The Secretary of Defense may waive the 
        limitation under paragraph (1) if the Secretary of Defense--
                    ``(A) determines that such a waiver is required to 
                meet urgent and compelling needs that would not 
                otherwise be met and which, if unmet, could rationally 
                be expected to lead to increased threats to United 
                States military or civilian personnel; and
                    ``(B) submits in writing to the appropriate 
                congressional committees a notification of the waiver, 
                together with a discussion of--
                            ``(i) the unmet urgent and compelling needs 
                        and the impact on the threat level facing 
                        United States military or civilian personnel, 
                        if the waiver is not exercised;
                            ``(ii) efforts undertaken by the Department 
                        of Defense to convince the Government of Iraq 
                        to provide funds to meet the urgent and 
                        compelling needs and the reason these efforts 
                        were unsuccessful; and
                            ``(iii) efforts of the Department of 
                        Defense to convince the Government of Iraq to 
                        provide additional funds in the future to meet 
                        such urgent and compelling needs or to 
                        undertake other measures to meet such needs on 
                        their own.
            ``(3) Appropriate congressional committees defined.--In 
        this subsection, the term `appropriate congressional 
        committees' means--
                    ``(A) the Committees on Armed Services of the House 
                of Representatives and the Senate; and
                    ``(B) the Committees on Appropriations of the House 
                of Representatives and the Senate.''.

SEC. 1215. PERFORMANCE MONITORING SYSTEM FOR UNITED STATES-LED 
              PROVINCIAL RECONSTRUCTION TEAMS IN AFGHANISTAN.

    (a) In General.--The President, acting through the Secretary of 
Defense and the Secretary of State, shall develop and implement a 
system to monitor the performance of United States-led Provincial 
Reconstruction Teams (PRTs) in Afghanistan.
    (b) Elements of Performance Monitoring System.--The performance 
monitoring system required under subsection (a)--
            (1) shall include PRT-specific work plans that incorporate 
        the long-term strategy, mission, and clearly defined objectives 
        required by section 1230(c)(3) of the National Defense 
        Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
        Stat. 386); and
            (2) shall include comprehensive performance indicators and 
        measures of progress toward sustainable long-term security and 
        stability in Afghanistan, and include performance standards and 
        progress goals together with a notional timetable for achieving 
        such goals, consistent with the requirements of section 1230(d) 
        of the National Defense Authorization Act for Fiscal Year 2008 
        (Public Law 110-181; 122 Stat. 388).
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the President shall submit to the appropriate 
congressional committees a report on the implementation of the 
performance monitoring system required under subsection (a).
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate.

SEC. 1216. REPORT ON COMMAND AND CONTROL STRUCTURE FOR MILITARY FORCES 
              OPERATING IN AFGHANISTAN.

    (a) Sense of Congress.--It is the sense of Congress that the 
command and control structure for military forces operating in 
Afghanistan, which consist of North Atlantic Treaty Organization (NATO) 
International Security Assistance Force (ISAF) forces and separate 
United States forces operating under Operation Enduring Freedom, should 
be modified to better coordinate and de-conflict military operations 
and achieve unity of command and unity of effort whenever possible in 
Afghanistan.
    (b) Report Required.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, or December 1, 2008, whichever 
        occurs later, the Secretary of Defense shall submit to the 
        appropriate congressional committees a report on the command 
        and control structure for military forces operating in 
        Afghanistan.
            (2) Matters to be included.--The report required under 
        paragraph (1) shall include the following:
                    (A) A detailed description of efforts by the 
                Secretary of Defense, in coordination with senior 
                leaders of NATO ISAF forces, including the commander of 
                NATO ISAF forces, to modify the chain of command 
                structure for military forces operating in Afghanistan 
                to better coordinate and de-conflict military 
                operations and achieve unity of command whenever 
                possible in Afghanistan, and the results of such 
                efforts.
                    (B) A comprehensive assessment of options for 
                improving the command and control structure for 
                military forces operating in Afghanistan, including--
                            (i) the establishment by the United States 
                        Central Command of a United States headquarters 
                        in Kabul, Afghanistan, led by a commander 
                        holding the grade of lieutenant general, or in 
                        the case of the Navy, vice admiral, and charged 
                        with--
                                    (I) leading United States Armed 
                                Forces operating under Operation 
                                Enduring Freedom;
                                    (II) leading country-wide 
                                Department of Defense-led initiatives; 
                                and
                                    (III) closely coordinating efforts 
                                with NATO ISAF forces, the United 
                                States Embassy in Afghanistan, and 
                                other United States and international 
                                elements in Afghanistan; and
                            (ii) authorization for the highest-ranking 
                        United States commander of NATO ISAF forces to 
                        have additional command authority over separate 
                        United States forces operating under Operation 
                        Enduring Freedom.
                    (C) A detailed description of any United States or 
                NATO ISAF plan or strategy for improving the command 
                and control structure for military forces operating in 
                Afghanistan.
                    (D) A description of how rules of engagement are 
                determined and managed for United States forces 
                operating under NATO ISAF or Operation Enduring 
                Freedom, and a description of any key differences 
                between rules of engagement for NATO ISAF forces and 
                separate United States forces operating under Operation 
                Enduring Freedom.
                    (E) An assessment of how possible modifications to 
                the command and control structure for military forces 
                operating in Afghanistan would impact coordination of 
                military and civilian efforts in Afghanistan.
            (3) Form.--The report required under paragraph (1) shall be 
        submitted in an unclassified form, but may include a classified 
        annex, if necessary.
            (4) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Armed Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives; and
                    (B) the Committee on Armed Services and the 
                Committee on Foreign Relations of the Senate.

SEC. 1217. REPORT ON ENHANCING SECURITY AND STABILITY IN THE REGION 
              ALONG THE BORDER OF AFGHANISTAN AND PAKISTAN.

    (a) Report Required.--Subsection (a) of section 1232 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 392) is amended by striking paragraph (5).
    (b) Notification Relating to Department of Defense Coalition 
Support Funds for Pakistan.--Subsection (b)(1)(A) of such section is 
amended by striking ``congressional defense committees'' and inserting 
``appropriate congressional committees''.
    (c) Appropriate Congressional Committees Defined.--Such section is 
further amended by adding at the end the following:
    ``(c) Appropriate Congressional Committees Defined.--In this 
section, the term `appropriate congressional committees' means--
            ``(1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of the 
        House of Representatives; and
            ``(2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate.''.

SEC. 1218. STUDY AND REPORT ON IRAQI POLICE TRAINING TEAMS.

    (a) Study.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary of Defense, in consultation with the 
Secretary of State and the Government of Iraq, shall conduct a study 
and submit to the appropriate congressional committees a report 
containing the recommendations of the Secretary of Defense on--
            (1) the number of advisors needed to sufficiently staff 
        enough Iraqi police training teams to cover a majority of the 
        approximately 1,100 Iraqi police stations in fiscal year 2009 
        and estimated levels in fiscal year 2010;
            (2) the funding required to staff the Iraqi police training 
        teams in fiscal year 2009 and estimated levels in fiscal year 
        2010; and
            (3) the feasibility of transferring responsibility for the 
        program to staff and support the Iraqi police training teams 
        from the Department of Defense to the Department of State.
    (b) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.

                       Subtitle C--Other Matters

SEC. 1221. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL COOPERATION 
              PROGRAMS.

    (a) In General.--Section 1051 of title 10, United States Code, is 
amended--
            (1) in the heading, by striking ``Bilateral or regional'' 
        and inserting ``Bilateral, multilateral, or regional'';
            (2) in subsection (a), by striking ``bilateral or 
        regional'' and inserting ``bilateral, multilateral, or 
        regional'';
            (3) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``to and within'' and 
                        inserting ``to, from, and within''; and
                            (ii) by striking ``bilateral or regional'' 
                        and inserting ``bilateral, multilateral, or 
                        regional''; and
                    (B) in paragraph (2), by striking ``bilateral or 
                regional'' and inserting ``bilateral, multilateral, or 
                regional''; and
            (4) by adding at the end the following:
    ``(e) Funds available under this section for fiscal year 2009 and 
subsequent fiscal years may be used for programs that begin in such 
fiscal year but end in the next fiscal year.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 53 of such title is amended by striking the item relating to 
section 1051 and inserting the following:

``1051. Bilateral, multilateral, or regional cooperation programs: 
                            payment of personnel expenses.''.

SEC. 1222. EXTENSION OF DEPARTMENT OF DEFENSE AUTHORITY TO PARTICIPATE 
              IN MULTINATIONAL MILITARY CENTERS OF EXCELLENCE.

    (a) Extension of Authority.--Subsection (a) of section 1205 of the 
John Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 120 Stat. 2416), as amended by section 1204 of 
Public Law 110-181 (122 Stat. 365), is further amended by striking 
``fiscal years 2007 and 2008'' and inserting ``fiscal years 2007, 2008, 
and 2009''.
    (b) Limitation on Amounts Available for Participation.--Subsection 
(e)(2) of such section is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) in fiscal year 2009, $5,000,000.''.
    (c) Reports.--Subsection (g)(1) of such section is amended--
            (1) by striking ``and October 31, 2008,'' and inserting 
        ``October 31, 2008, and October 31, 2009,''; and
            (2) by striking ``fiscal years 2007 and 2008'' and 
        inserting ``fiscal years 2007, 2008, and 2009''.

SEC. 1223. STUDY OF LIMITATION ON CLASSIFIED CONTRACTS WITH FOREIGN 
              COMPANIES ENGAGED IN SPACE BUSINESS WITH CHINA.

    (a) Limitation.--
            (1) In general.--Subject to subsection (b), no funds 
        appropriated pursuant to an authorization of appropriations in 
        this Act or otherwise made available for the Department of 
        Defense for fiscal year 2009 or any fiscal year thereafter may 
        be obligated or expended under one or more contracts for 
        classified work between the Department of Defense and a 
        foreign-owned company if that company, or any parent, sister, 
        subsidiary, or affiliate of that company, is engaged with China 
        in the development, manufacture, or launch of ITAR-free 
        satellites.
            (2) Exception.--Paragraph (1) does not apply to a foreign-
        owned company if the Secretary of Defense, in consultation with 
        the Secretary of State, submits to Congress a certification 
        that--
                    (A) no satellite or space launch vehicle 
                technology, technical information, or intellectual 
                property gained by the foreign-owned company through 
                the contracts for classified work referred to in 
                paragraph (1) is being disclosed (intentionally or 
                unintentionally) in a manner that may improve China's 
                satellite, rocket, or missile capabilities; and
                    (B) it is in the national security interests of the 
                Department to continue to enter into contracts for 
                classified work with the foreign-owned company.
    (b) Study and Suspension of Limitation.--
            (1) Study.--The Secretary of Defense shall conduct a study 
        of the implications of imposing a limitation such as the 
        limitation in subsection (a) and shall provide the study to the 
        congressional defense committees not later than 60 days after 
        the date of the enactment of this Act.
            (2) Suspension of limitation.--The Secretary shall suspend 
        the application of the limitation in subsection (a) until--
                    (A) the Secretary has completed the study required 
                by paragraph (1);
                    (B) the Secretary has determined, as a result of 
                the study, that applying the limitation in subsection 
                (a) promotes the national interest; and
                    (C) the Secretary has submitted to the Committees 
                on Armed Services of the Senate and House of 
                Representatives a report on the results of the study, 
                including the rationale for the determination described 
                in subparagraph (B).
    (c) Definitions.--In this section:
            (1) The term ``ITAR-free satellite'' applies to a satellite 
        if no component of the satellite and no technical information 
        relating to the satellite is subject to export controls 
        specified in the International Traffic in Arms Regulations.
            (2) The term ``International Traffic in Arms Regulations'' 
        means those regulations contained in parts 120 through 130 of 
        title 22, Code of Federal Regulations (or successor 
        regulations).

SEC. 1224. SENSE OF CONGRESS AND CONGRESSIONAL BRIEFINGS ON READINESS 
              OF THE ARMED FORCES AND REPORT ON NUCLEAR WEAPONS 
              CAPABILITIES OF IRAN.

    (a) Sense of Congress.--It is the sense of Congress that the 
Department of Defense should return the Armed Forces to a state of full 
readiness so that they are fully prepared to execute the National 
Military Strategy, including the full range of contingencies that could 
occur in the Middle East region.
    (b) Requirement for Briefings.--Not later than 90 days after the 
date of the enactment of this Act, and every 180 days thereafter until 
July 1, 2010, the Secretary of Defense shall provide for briefings for 
the Committees on Armed Services of the Senate and the House of 
Representatives on matters pertaining to the preparation for 
contingencies described in subsection (a), including a comprehensive 
description of the information used in the preparation of contingency 
plans relating to the military and nuclear capabilities of countries in 
the Middle East that are part of the Central Command Area of 
Responsibility.
    (c) Report on Nuclear Weapons Capabilities of Iran.--
            (1) Report requirement.--Not later than March 1 each year, 
        the Secretary of Defense shall submit a report to the 
        congressional defense committees, in both classified and 
        unclassified form, on the elements identified in paragraph (2) 
        addressing the current and future nuclear weapons capabilities 
        of the Islamic Republic of Iran.
            (2) Elements.--The elements that shall be included in the 
        report, at a minimum, include--
                    (A) locations, types, and number of centrifuges 
                that the Islamic Republic of Iran has installed and in 
                operation to enrich uranium at the Natanz facility and 
                any other facility to enrich uranium;
                    (B) locations, types, and number of centrifuges 
                that the Islamic Republic of Iran plans to install and 
                operate at the Natanz facility and any other facility 
                to enrich uranium, estimated by time periods of near, 
                mid, and far-term epochs;
                    (C) number of nuclear weapons that could be made 
                from the enriched uranium that the Islamic Republic of 
                Iran has produced to date and is anticipated to 
                produce, estimated by time periods of near, mid, and 
                far-term epochs;
                    (D) number of nuclear weapons that could be made 
                from the plutonium produced by the Bushehr nuclear 
                reactor and any other nuclear reactor in the Islamic 
                Republic of Iran to date, and number of weapons that 
                could be made in the future, estimated by time periods 
                of near, mid, and far-term epochs;
                    (E) a description of the safeguard and security 
                measures in place at the Bushehr nuclear reactor and at 
                any other nuclear reactor in the Islamic Republic of 
                Iran to prevent Iran from reprocessing spent plutonium;
                    (F) a description of weaponization activities, such 
                as the design, development, or test of nuclear weapon 
                or weapon related-components, estimated by time periods 
                of near, mid, and far-term epochs;
                    (G) numbers, types, and performance of systems 
                which could provide a means to deliver a nuclear 
                warhead, estimated by time periods of near, mid, and 
                far-term epochs; and
                    (H) a summary of assessments of other key nations, 
                such as Israel and France, of the Islamic Republic of 
                Iran's nuclear program, capabilities, and timelines for 
                acquiring nuclear weapons capabilities, and their 
                judgment of the threat.
            (3) Notification.--The Secretary of Defense shall provide 
        the congressional defense committees with written notification 
        within 15 days of assessing that the Islamic Republic of Iran 
        produces enough enriched uranium or plutonium for a nuclear 
        weapon.
            (4) Definition.--In this subsection, the term ``nuclear 
        weapons capabilities'' means the nuclear material, 
        weaponization activities, and delivery system.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

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

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND 
              FUNDS.

    (a) Specification of Cooperative Threat Reduction Programs.--For 
purposes of section 301 and other provisions of this Act, Cooperative 
Threat Reduction programs are the programs specified in section 1501 of 
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C. 
2362 note), as amended by section 1303 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
412).
    (b) Fiscal Year 2009 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2009 Cooperative Threat 
Reduction funds'' means the funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs.
    (c) Availability of Funds.--Funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs shall be available for obligation for fiscal years 
2009, 2010, and 2011.

SEC. 1302. FUNDING ALLOCATIONS.

    (a) Funding for Specific Purposes.--Of the $445,135,000 authorized 
to be appropriated to the Department of Defense for fiscal year 2009 in 
section 301(19) for Cooperative Threat Reduction programs, the 
following amounts may be obligated for the purposes specified:
            (1) For strategic offensive arms elimination in Russia, 
        $79,985,000.
            (2) For strategic nuclear arms elimination in Ukraine, 
        $6,400,000.
            (3) For nuclear weapons storage security in Russia, 
        $24,101,000.
            (4) For nuclear weapons transportation security in Russia, 
        $40,800,000.
            (5) For weapons of mass destruction proliferation 
        prevention in the states of the former Soviet Union, 
        $70,286,000.
            (6) For biological threat reduction in the former Soviet 
        Union, $184,463,000.
            (7) For chemical weapons destruction, $1,000,000.
            (8) For defense and military contacts, $8,000,000.
            (9) For new Cooperative Threat Reduction initiatives, 
        $10,000,000.
            (10) For activities designated as Other Assessments/
        Administrative Costs, $20,100,000.
    (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2009 Cooperative Threat Reduction funds may 
be obligated or expended for a purpose other than a purpose listed in 
paragraphs (1) through (9) of subsection (a) until 30 days after the 
date that the Secretary of Defense submits to Congress a report on the 
purpose for which the funds will be obligated or expended and the 
amount of funds to be obligated or expended. Nothing in the preceding 
sentence shall be construed as authorizing the obligation or 
expenditure of fiscal year 2009 Cooperative Threat Reduction funds for 
a purpose for which the obligation or expenditure of such funds is 
specifically prohibited under this title or any other provision of law.
    (c) Limited Authority To Vary Individual Amounts.--
            (1) In general.--Subject to paragraph (2), in any case in 
        which the Secretary of Defense determines that it is necessary 
        to do so in the national interest, the Secretary may obligate 
        amounts appropriated for fiscal year 2009 for a purpose listed 
        in paragraphs (1) through (9) of subsection (a) in excess of 
        the specific amount authorized for that purpose.
            (2) Notice-and-wait required.--An obligation of funds for a 
        purpose stated in paragraphs (1) through (9) of subsection (a) 
        in excess of the specific amount authorized for such purpose 
        may be made using the authority provided in paragraph (1) only 
        after--
                    (A) the Secretary submits to Congress notification 
                of the intent to do so together with a complete 
                discussion of the justification for doing so; and
                    (B) 15 days have elapsed following the date of the 
                notification.

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

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

                 Subtitle B--National Defense Stockpile

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

                Subtitle C--Armed Forces Retirement Home

Sec. 1421. Armed Forces Retirement Home.

          Subtitle D--Inapplicability of Executive Order 13457

Sec. 1431. Inapplicability of Executive Order 13457.

                     Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for providing capital for working capital and 
revolving funds in amounts as follows:
            (1) For the Defense Working Capital Funds, $198,150,000.
            (2) For the Defense Working Capital Fund, Defense 
        Commissary, $1,291,084,000.

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the National Defense Sealift Fund in the amount of $1,401,553,000.

SEC. 1403. DEFENSE HEALTH PROGRAM.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for the Department of Defense for fiscal year 2009 
for expenses, not otherwise provided for, for the Defense Health 
Program, in the amount of $24,746,172,000, of which--
            (1) $24,259,029,000 is for Operation and Maintenance;
            (2) $198,738,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $288,405,000 is for Procurement.
    (b) Transfer From National Defense Stockpile Transaction Fund To 
Support Defense Health Program.--Of the total amount specified in 
subsection (a), up to $1,300,000,000 shall be derived, to the extent 
specifically provided in advance in an appropriations Act for fiscal 
year 2009, by transfer from the unobligated balances of the National 
Defense Stockpile Transaction Fund.

SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for the Department of Defense for fiscal year 2009 
for expenses, not otherwise provided for, for Chemical Agents and 
Munitions Destruction, Defense, in the amount of $1,485,634,000, of 
which--
            (1) $1,152,668,000 is for Operation and Maintenance;
            (2) $268,881,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $64,085,000 is for Procurement.
    (b) Use.--Amounts authorized to be appropriated under subsection 
(a) are authorized for--
            (1) the destruction of lethal chemical agents and munitions 
        in accordance with section 1412 of the Department of Defense 
        Authorization Act, 1986 (50 U.S.C. 1521); and
            (2) the destruction of chemical warfare materiel of the 
        United States that is not covered by section 1412 of such Act.

SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2009 for expenses, not otherwise provided 
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, 
in the amount of $1,060,463,000.

SEC. 1406. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2009 for expenses, not otherwise provided 
for, for the Office of the Inspector General of the Department of 
Defense, in the amount of $273,845,000, of which--
            (1) $270,445,000 is for Operation and Maintenance; and
            (2) $3,400,000 is for Procurement.

                 Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

    (a) Obligation of Stockpile Funds.--During fiscal year 2009, the 
National Defense Stockpile Manager may obligate up to $41,153,000 of 
the funds in the National Defense Stockpile Transaction Fund 
established under subsection (a) of section 9 of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized 
uses of such funds under subsection (b)(2) of such section, including 
the disposal of hazardous materials that are environmentally sensitive.
    (b) Additional Obligations.--The National Defense Stockpile Manager 
may obligate amounts in excess of the amount specified in subsection 
(a) if the National Defense Stockpile Manager notifies Congress that 
extraordinary or emergency conditions necessitate the additional 
obligations. The National Defense Stockpile Manager may make the 
additional obligations described in the notification after the end of 
the 45-day period beginning on the date on which Congress receives the 
notification.
    (c) Limitations.--The authorities provided by this section shall be 
subject to such limitations as may be provided in appropriations Acts.

SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DISPOSALS FROM THE 
              NATIONAL DEFENSE STOCKPILE.

    (a) Fiscal Year 1999 Disposal Authority.--Section 3303(a)(7) of the 
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 
(Public Law 105-261; 50 U.S.C. 98d note), as most recently amended by 
section 1412(b) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 418), is further amended by 
striking ``$1,066,000,000 by the end of fiscal year 2015'' and 
inserting ``$1,476,000,000 by the end of fiscal year 2016''.
    (b) Fiscal Year 1998 Disposal Authority.--Section 3305(a)(5) of the 
National Defense Authorization Act for Fiscal Year 1998 (Public Law 
105-85; 50 U.S.C. 98d note), as most recently amended by section 
3302(b) of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2513), is further 
amended by striking ``2008'' and inserting ``2009''.

                Subtitle C--Armed Forces Retirement Home

SEC. 1421. ARMED FORCES RETIREMENT HOME.

    There is authorized to be appropriated for fiscal year 2009 from 
the Armed Forces Retirement Home Trust Fund the sum of $63,010,000 for 
the operation of the Armed Forces Retirement Home.

          Subtitle D--Inapplicability of Executive Order 13457

SEC. 1431. INAPPLICABILITY OF EXECUTIVE ORDER 13457.

    Executive Order 13457, and any successor to that Executive Order, 
shall not apply to this Act or to the Joint Explanatory Statement 
submitted by the Committee of Conference for the conference report to 
accompany this Act or to H. Rept. ___ or S. Rept. ___.

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

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Defense-wide activities procurement.
Sec. 1506. Rapid acquisition fund.
Sec. 1507. Joint Improvised Explosive Device Defeat Fund.
Sec. 1508. Limitation on obligation of funds for the Joint Improvised 
                            Explosive Devices Defeat Organization 
                            pending notification to Congress.
Sec. 1509. Research, development, test, and evaluation.
Sec. 1510. Operation and maintenance.
Sec. 1511. Other Department of Defense programs.
Sec. 1512. Iraq Security Forces Fund.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1516. Special transfer authority.
Sec. 1517. Treatment as additional authorizations.

SEC. 1501. PURPOSE.

    The purpose of this title is to authorize appropriations for the 
Department of Defense for fiscal year 2009 to provide additional funds 
for Operation Iraqi Freedom and Operation Enduring Freedom.

SEC. 1502. ARMY PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for procurement accounts of the Army in amounts as follows:
            (1) For aircraft procurement, $84,000,000.
            (2) For weapons and tracked combat vehicles procurement, 
        $822,674,000.
            (3) For ammunition procurement, $46,500,000.
            (4) For other procurement, $1,255,050,000.

SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

    (a) Navy.--Funds are hereby authorized to be appropriated for 
fiscal year 2009 for other procurement for the Navy in the amount of 
$476,248,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2009 for the procurement account for the Marine Corps 
in the amount of $565,425,000.

SEC. 1504. AIR FORCE PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for procurement accounts for the Air Force in amounts as follows:
            (1) For aircraft procurement, $4,624,842,000.
            (2) For other procurement, $1,500,644,000.

SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the procurement account for Defense-wide in the amount of 
$177,237,000.

SEC. 1506. RAPID ACQUISITION FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for Rapid Acquisition Fund in the amount of $102,000,000.

SEC. 1507. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
for fiscal year 2009 for the Joint Improvised Explosive Device Defeat 
Fund in the amount of $2,496,300,000.
    (b) Use and Transfer of Funds.--Subsections (b) and (c) of section 
1514 of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109-364; 120 Stat. 2439) shall apply to the funds 
appropriated pursuant to the authorization of appropriations in 
subsection (a).
    (c) Revision of Management Plan.--The Secretary of Defense shall 
revise the management plan required by section 1514(d) of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 to 
identify projected transfers and obligations through September 30, 
2009.
    (d) Funds for Additional ARMS Platforms.--Of the funds appropriated 
pursuant to the authorization of appropriations in subsection (a), 
$50,000,000 shall be made available for the rapid fielding of 
additional Aerial Reconnaissance Multi-Sensor (ARMS) platforms for 
tactical operations in Operation Iraqi Freedom and Operation Enduring 
Freedom.

SEC. 1508. LIMITATION ON OBLIGATION OF FUNDS FOR THE JOINT IMPROVISED 
              EXPLOSIVE DEVICES DEFEAT ORGANIZATION PENDING 
              NOTIFICATION TO CONGRESS.

    (a) Limitation.--Of the amounts appropriated pursuant to each of 
the authorizations of appropriations described in subsection (b) for 
research, development, test, and evaluation for the Joint Improvised 
Explosive Devices Defeat Organization (in this section referred to as 
``JIEDDO''), not more than 50 percent of the amounts remaining 
unobligated as of the date of the enactment of this Act may be 
obligated until JIEDDO submits to the congressional defense committees 
a report describing the investment strategy of JIEDDO for science and 
technology.
    (b) Covered Authorizations of Appropriations.--
            (1) Scope of limitation.--The limitation contained in 
        subsection (a) applies with respect to amounts appropriated 
        pursuant to the authorizations of appropriations specified in 
        paragraph (2) for all science and technology efforts within the 
        account for research, development, test, and evaluation for 
        JIEDDO applied to efforts of Technology Readiness Level 5 or 
        lower.
            (2) Authorizations.--Paragraph (1) applies to--
                    (A) the authorization of appropriations in section 
                1507 of the National Defense Authorization Act for 
                Fiscal Year 2008 (Public Law 110-181; 122 Stat. 425); 
                and
                    (B) the authorization of appropriations in section 
                1508 of this Act.

SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the use of the Department of Defense for research, development, 
test, and evaluation as follows:
            (1) For the Navy, $113,228,000.
            (2) For the Air Force, $72,041,000.
            (3) For Defense-wide activities, $202,559,000.

SEC. 1510. OPERATION AND MAINTENANCE.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the use of the Armed Forces for expenses, not otherwise provided 
for, for operation and maintenance, in amounts as follows:
            (1) For the Army, $37,363,243,000.
            (2) For the Navy, $3,500,000,000
            (3) For the Marine Corps, $2,900,000,000.
            (4) For the Air Force, $5,000,000,000.
            (5) For Defense-wide activities, $2,648,569,000.
            (6) For the Army Reserve, $79,291,000.
            (7) For the Navy Reserve, $42,490,000.
            (8) For the Marine Corps Reserve, $47,076,000.
            (9) For the Air Force Reserve, $12,376,000.
            (10) For the Army National Guard, $333,540,000.
            (11) For the Air National Guard, $52,667,000.

SEC. 1511. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

    (a) Defense Health Program.--Funds are hereby authorized to be 
appropriated for the Department of Defense for fiscal year 2009 for 
expenses, not otherwise provided for, for the Defense Health Program in 
the amount of $1,100,000,000 for operation and maintenance.
    (b) Drug Interdiction and Counter-Drug Activities, Defense-Wide.--
Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2009 for expenses, not otherwise provided for, 
for Drug Interdiction and Counter-Drug Activities, Defense-wide in the 
amount of $188,000,000.

SEC. 1512. IRAQ SECURITY FORCES FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal year 2009 for the Iraq Security Forces 
Fund in the amount of $1,000,000,000.
    (b) Use of Funds.--
            (1) In general.--Funds appropriated pursuant to subsection 
        (a) shall be available to the Secretary of Defense for the 
        purpose of allowing the Commander, Multi-National Security 
        Transition Command-Iraq, to provide assistance to the security 
        forces of Iraq.
            (2) Types of assistance authorized.--Assistance provided 
        under this section may include the provision of equipment, 
        supplies, services, training, facility and infrastructure 
        repair, and funding.
            (3) Secretary of state concurrence.--Assistance may be 
        provided under this section only with the concurrence of the 
        Secretary of State.
    (c) Authority in Addition to Other Authorities.--The authority to 
provide assistance under this section is in addition to any other 
authority to provide assistance to foreign nations.
    (d) Transfer Authority.--
            (1) Transfers authorized.--Subject to paragraph (2), 
        amounts authorized to be appropriated by subsection (a) may be 
        transferred from the Iraq Security Forces Fund to any of the 
        following accounts and funds of the Department of Defense to 
        accomplish the purposes provided in subsection (b):
                    (A) Military personnel accounts.
                    (B) Operation and maintenance accounts.
                    (C) Procurement accounts.
                    (D) Research, development, test, and evaluation 
                accounts.
                    (E) Defense working capital funds.
                    (F) Overseas Humanitarian, Disaster, and Civic Aid 
                account.
            (2) Additional authority.--The transfer authority provided 
        by paragraph (1) is in addition to any other transfer authority 
        available to the Department of Defense.
            (3) Transfers back to the fund.--Upon determination that 
        all or part of the funds transferred from the Iraq Security 
        Forces Fund under paragraph (1) are not necessary for the 
        purpose provided, such funds may be transferred back to the 
        Iraq Security Forces Fund.
            (4) Effect on authorization amounts.--A transfer of an 
        amount to an account under the authority in paragraph (1) shall 
        be deemed to increase the amount authorized for such account by 
        an amount equal to the amount transferred.
    (e) Prior Notice of Obligation or Transfer of Funds.--Funds may not 
be obligated from the Iraq Security Forces Fund, or transferred under 
the authority provided in subsection (d)(1), until five days after the 
date on which the Secretary of Defense notifies the congressional 
defense committees, the Committee on Foreign Relations of the Senate, 
and the Committee on Foreign Affairs of the House of Representatives, 
in writing, of the details of the proposed obligation or transfer.
    (f) Contributions.--
            (1) Authority to accept contributions.--Subject to 
        paragraph (2), the Secretary of Defense may accept 
        contributions of amounts to the Iraq Security Forces Fund for 
        the purposes provided in subsection (b) from any person, 
        foreign government, or international organization. Any amounts 
        so accepted shall be credited to the Iraq Security Forces Fund.
            (2) Limitation.--The Secretary may not accept a 
        contribution under this subsection if the acceptance of the 
        contribution would compromise or appear to compromise the 
        integrity of any program of the Department of Defense.
            (3) Use.--Amounts accepted under this subsection shall be 
        available for assistance authorized by subsection (b), 
        including transfer under subsection (d) for that purpose.
            (4) Notification.--The Secretary shall notify the 
        congressional committees referred to in subsection (e), in 
        writing, upon the acceptance, and upon the transfer under 
        subsection (d), of any contribution under this subsection. Such 
        notice shall specify the source and amount of any amount so 
        accepted and the use of any amount so accepted.
    (g) Prohibition Related to Facilities.--
            (1) Prohibition.--Funds may not be obligated from the Iraq 
        Security Forces Fund, or transferred under the authority 
        provided in subsection (d)(1), for the acquisition, conversion, 
        rehabilitation, or installation of facilities.
            (2) Exceptions.--Nothing in this section shall be construed 
        as to forbid--
                    (A) the provision of technical assistance necessary 
                to assist the Government of Iraq to carry out the 
                acquisition, conversion, rehabilitation, or 
                installation of facilities on its own behalf; or
                    (B) the acquisition, conversion, rehabilitation, or 
                installation of facilities utilizing amounts 
                contributed to the Iraq Security Forces Fund under 
                subsection (f) by the Government of Iraq or another 
                foreign country.
    (h) Quarterly Reports.--Not later than 30 days after the end of 
each fiscal-year quarter, the Secretary of Defense shall submit to the 
congressional committees referred to in subsection (e) a report 
summarizing the details of any obligation or transfer of funds from the 
Iraq Security Forces Fund during such fiscal-year quarter.
    (i) Duration of Authority.--Amounts authorized to be appropriated 
or contributed to the Iraq Security Forces Fund during fiscal year 2009 
are available for obligation or transfer from the Iraq Security Forces 
Fund in accordance with this section until September 30, 2010.

SEC. 1513. AFGHANISTAN SECURITY FORCES FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal year 2009 for the Afghanistan Security 
Forces Fund in the amount of $2,000,000,000.
    (b) Use of Funds.--
            (1) In general.--Funds authorized to be appropriated by 
        subsection (a) shall be available to the Secretary of Defense 
        to provide assistance to the security forces of Afghanistan.
            (2) Types of assistance authorized.--Assistance provided 
        under this section may include the provision of equipment, 
        supplies, services, training, facility and infrastructure 
        repair, renovation, construction, and funds.
            (3) Secretary of state concurrence.--Assistance may be 
        provided under this section only with the concurrence of the 
        Secretary of State.
    (c) Authority in Addition to Other Authorities.--The authority to 
provide assistance under this section is in addition to any other 
authority to provide assistance to foreign nations.
    (d) Transfer Authority.--
            (1) Transfers authorized.--Subject to paragraph (2), 
        amounts authorized to be appropriated by subsection (a) may be 
        transferred from the Afghanistan Security Forces Fund to any of 
        the following accounts and funds of the Department of Defense 
        to accomplish the purposes provided in subsection (b):
                    (A) Military personnel accounts.
                    (B) Operation and maintenance accounts.
                    (C) Procurement accounts.
                    (D) Research, development, test, and evaluation 
                accounts.
                    (E) Defense working capital funds.
                    (F) Overseas Humanitarian, Disaster, and Civic Aid.
            (2) Additional authority.--The transfer authority provided 
        by paragraph (1) is in addition to any other transfer authority 
        available to the Department of Defense.
            (3) Transfers back to fund.--Upon a determination that all 
        or part of the funds transferred from the Afghanistan Security 
        Forces Fund under paragraph (1) are not necessary for the 
        purpose for which transferred, such funds may be transferred 
        back to the Afghanistan Security Forces Fund.
            (4) Effect on authorization amounts.--A transfer of an 
        amount to an account under the authority in paragraph (1) shall 
        be deemed to increase the amount authorized for such account by 
        an amount equal to the amount transferred.
    (e) Prior Notice of Obligation or Transfer of Funds.--Funds may not 
be obligated from the Afghanistan Security Forces Fund, or transferred 
under the authority provided in subsection (d)(1), until five days 
after the date on which the Secretary of Defense notifies the 
congressional defense committees, the Committee on Foreign Relations of 
the Senate, and the Committee on Foreign Affairs of the House of 
Representatives, in writing, of the details of the proposed obligation 
or transfer.
    (f) Contributions.--
            (1) Authority to accept contributions.--Subject to 
        paragraph (2), the Secretary of Defense may accept 
        contributions of amounts to the Afghanistan Security Forces 
        Fund for the purposes provided in subsection (b) from any 
        person, foreign government, or international organization. Any 
        amounts so accepted shall be credited to the Afghanistan 
        Security Forces Fund.
            (2) Limitation.--The Secretary may not accept a 
        contribution under this subsection if the acceptance of the 
        contribution would compromise or appear to compromise the 
        integrity of any program of the Department of Defense.
            (3) Use.--Amounts accepted under this subsection shall be 
        available for assistance authorized by subsection (b), 
        including transfer under subsection (d) for that purpose.
            (4) Notification.--The Secretary shall notify the 
        congressional committees referred to in subsection (e), in 
        writing, upon the acceptance, and upon the transfer under 
        subsection (d), of any contribution under this subsection. Such 
        notice shall specify the source and amount of any amount so 
        accepted and the use of any amount so accepted.
    (g) Quarterly Reports.--Not later than 30 days after the end of 
each fiscal-year quarter, the Secretary of Defense shall submit to the 
congressional committees referred to in subsection (e) a report 
summarizing the details of any obligation or transfer of funds from the 
Afghanistan Security Forces Fund during such fiscal-year quarter.
    (h) Duration of Authority.--Amounts authorized to be appropriated 
or contributed to the Afghanistan Security Forces Fund during fiscal 
year 2009 are available for obligation or transfer from the Afghanistan 
Security Forces Fund in accordance with this section until September 
30, 2010.

SEC. 1514. MILITARY PERSONNEL.

    There is hereby authorized to be appropriated to the Department of 
Defense for military personnel accounts for fiscal year 2009 a total of 
$1,194,000,000.

SEC. 1515. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.

    The Secretary of Defense may use the transfer authority provided by 
section 1516 to transfer amounts of authorizations made available to 
the Department of Defense in this title for fiscal year 2009 from such 
authorizations to the Mine Resistant Ambush Protected Vehicle Fund in 
the total amount of $2,610,000,000.

SEC. 1516. SPECIAL TRANSFER AUTHORITY.

    (a) Authority To Transfer Authorizations.--
            (1) Authority.--Upon determination by the Secretary of 
        Defense that such action is necessary in the national interest, 
        the Secretary may transfer amounts of authorizations made 
        available to the Department of Defense in this title for fiscal 
        year 2009 between any such authorizations for that fiscal year 
        (or any subdivisions thereof). Amounts of authorizations so 
        transferred shall be merged with and be available for the same 
        purposes as the authorization to which transferred.
            (2) Limitation.--The total amount of authorizations that 
        the Secretary may transfer under the authority of this section 
        may not exceed $4,000,000,000.
    (b) Terms and Conditions.--Transfers under this section shall be 
subject to the same terms and conditions as transfers under section 
1001.
    (c) Additional Authority.--The transfer authority provided by this 
section is in addition to the transfer authority provided under section 
1001.

SEC. 1517. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

    The amounts authorized to be appropriated by this title are in 
addition to amounts otherwise authorized to be appropriated by this 
Act.

    TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

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

SEC. 1601. SHORT TITLE.

    This title may be cited as the ``Reconstruction and Stabilization 
Civilian Management Act of 2008''.

SEC. 1602. FINDINGS.

    Congress finds the following:
            (1) In June 2004, the Office of the Coordinator for 
        Reconstruction and Stabilization (referred to as the 
        ``Coordinator'') was established in the Department of State 
        with the mandate to lead, coordinate, and institutionalize 
        United States Government civilian capacity to prevent or 
        prepare for post-conflict situations and help reconstruct and 
        stabilize a country or region that is at risk of, in, or is in 
        transition from, conflict or civil strife.
            (2) In December 2005, the Coordinator's mandate was 
        reaffirmed by the National Security Presidential Directive 44, 
        which instructed the Secretary of State, and at the Secretary's 
        direction, the Coordinator, to coordinate and lead integrated 
        United States Government efforts, involving all United States 
        departments and agencies with relevant capabilities, to 
        prepare, plan for, and conduct reconstruction and stabilization 
        operations.
            (3) National Security Presidential Directive 44 assigns to 
        the Secretary, with the Coordinator's assistance, the lead role 
        to develop reconstruction and stabilization strategies, ensure 
        civilian interagency program and policy coordination, 
        coordinate interagency processes to identify countries at risk 
        of instability, provide decision-makers with detailed options 
        for an integrated United States Government response in 
        connection with reconstruction and stabilization operations, 
        and carry out a wide range of other actions, including the 
        development of a civilian surge capacity to meet reconstruction 
        and stabilization emergencies. The Secretary and the 
        Coordinator are also charged with coordinating with the 
        Department of Defense on reconstruction and stabilization 
        responses, and integrating planning and implementing 
        procedures.
            (4) The Department of Defense issued Directive 3000.05, 
        which establishes that stability operations are a core United 
        States military mission that the Department of Defense must be 
        prepared to conduct and support, provides guidance on stability 
        operations that will evolve over time, and assigns 
        responsibilities within the Department of Defense for planning, 
        training, and preparing to conduct and support stability 
        operations.

SEC. 1603. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the United States Agency for International 
        Development.
            (2) Agency.--The term ``agency'' means any entity included 
        in chapter 1 of title 5, United States Code.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (4) Department.--Except as otherwise provided in this 
        title, the term ``Department'' means the Department of State.
            (5) Personnel.--The term ``personnel'' means individuals 
        serving in any service described in section 2101 of title 5, 
        United States Code, other than in the legislative or judicial 
        branch.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of State.

SEC. 1604. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION AND 
              STABILIZATION CRISES.

    Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 
U.S.C. 2351 et seq.) is amended by inserting after section 617 the 
following new section:

``SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION CRISIS.

    ``(a) Assistance.--
            ``(1) In general.--If the President determines that it is 
        in the national security interests of the United States for 
        United States civilian agencies or non-Federal employees to 
        assist in reconstructing and stabilizing a country or region 
        that is at risk of, in, or is in transition from, conflict or 
        civil strife, the President may, in accordance with the 
        provisions set forth in section 614(a)(3), subject to paragraph 
        (2) of this subsection but notwithstanding any other provision 
        of law, and on such terms and conditions as the President may 
        determine, furnish assistance to such country or region for 
        reconstruction or stabilization using funds under paragraph 
        (3).
            ``(2) Pre-notification requirement.--The President may not 
        furnish assistance pursuant to paragraph (1) until five days 
        (excepting Saturdays, Sundays, and legal public holidays) after 
        the requirements under section 614(a)(3) of this Act are 
        carried out.
            ``(3) Funds.--The funds referred to in paragraph (1) are 
        funds made available under any other provision of law and under 
        other provisions of this Act, and transferred or reprogrammed 
        for purposes of this section, and such transfer or 
        reprogramming shall be subject to the procedures applicable to 
        a notification under section 634A of this Act.
    ``(b) Limitation.--The authority contained in this section may be 
exercised only during fiscal years 2008, 2009, and 2010, except that 
the authority may not be exercised to furnish more than $100,000,000 in 
any such fiscal year.''.

SEC. 1605. RECONSTRUCTION AND STABILIZATION.

    Title I of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2651a et seq.) is amended by adding at the end the following new 
section:

``SEC. 62. RECONSTRUCTION AND STABILIZATION.

    ``(a) Office of the Coordinator for Reconstruction and 
Stabilization.--
            ``(1) Establishment.--There is established within the 
        Department of State the Office of the Coordinator for 
        Reconstruction and Stabilization.
            ``(2) Coordinator for reconstruction and stabilization.--
        The head of the Office shall be the Coordinator for 
        Reconstruction and Stabilization, who shall be appointed by the 
        President, by and with the advice and consent of the Senate. 
        The Coordinator shall report directly to the Secretary.
            ``(3) Functions.--The functions of the Office of the 
        Coordinator for Reconstruction and Stabilization shall include 
        the following:
                    ``(A) Monitoring, in coordination with relevant 
                bureaus and offices of the Department of State and the 
                United States Agency for International Development 
                (USAID), political and economic instability worldwide 
                to anticipate the need for mobilizing United States and 
                international assistance for the reconstruction and 
                stabilization of a country or region that is at risk 
                of, in, or are in transition from, conflict or civil 
                strife.
                    ``(B) Assessing the various types of reconstruction 
                and stabilization crises that could occur and 
                cataloging and monitoring the non-military resources 
                and capabilities of agencies (as such term is defined 
                in section 1603 of the Reconstruction and Stabilization 
                Civilian Management Act of 2008) that are available to 
                address such crises.
                    ``(C) Planning, in conjunction with USAID, to 
                address requirements, such as demobilization, 
                disarmament, rebuilding of civil society, policing, 
                human rights monitoring, and public information, that 
                commonly arise in reconstruction and stabilization 
                crises.
                    ``(D) Coordinating with relevant agencies to 
                develop interagency contingency plans and procedures to 
                mobilize and deploy civilian personnel and conduct 
                reconstruction and stabilization operations to address 
                the various types of such crises.
                    ``(E) Entering into appropriate arrangements with 
                agencies to carry out activities under this section and 
                the Reconstruction and Stabilization Civilian 
                Management Act of 2008.
                    ``(F) Identifying personnel in State and local 
                governments and in the private sector who are available 
                to participate in the Civilian Reserve Corps 
                established under subsection (b) or to otherwise 
                participate in or contribute to reconstruction and 
                stabilization activities.
                    ``(G) Taking steps to ensure that training and 
                education of civilian personnel to perform such 
                reconstruction and stabilization activities is adequate 
                and is carried out, as appropriate, with other agencies 
                involved with stabilization operations.
                    ``(H) Taking steps to ensure that plans for United 
                States reconstruction and stabilization operations are 
                coordinated with and complementary to reconstruction 
                and stabilization activities of other governments and 
                international and nongovernmental organizations, to 
                improve effectiveness and avoid duplication.
                    ``(I) Maintaining the capacity to field on short 
                notice an evaluation team consisting of personnel from 
                all relevant agencies to undertake on-site needs 
                assessment.
    ``(b) Response Readiness Corps.--
            ``(1) Response readiness corps.--The Secretary, in 
        consultation with the Administrator of the United States Agency 
        for International Development and the heads of other 
        appropriate agencies of the United States Government, may 
        establish and maintain a Response Readiness Corps (referred to 
        in this section as the `Corps') to provide assistance in 
        support of reconstruction and stabilization operations in 
        countries or regions that are at risk of, in, or are in 
        transition from, conflict or civil strife. The Corps shall be 
        composed of active and standby components consisting of United 
        States Government personnel, including employees of the 
        Department of State, the United States Agency for International 
        Development, and other agencies who are recruited and trained 
        (and employed in the case of the active component) to provide 
        such assistance when deployed to do so by the Secretary to 
        support the purposes of this Act.
            ``(2) Civilian reserve corps.--The Secretary, in 
        consultation with the Administrator of the United States Agency 
        for International Development, may establish a Civilian Reserve 
        Corps for which purpose the Secretary is authorized to employ 
        and train individuals who have the skills necessary for 
        carrying out reconstruction and stabilization activities, and 
        who have volunteered for that purpose. The Secretary may deploy 
        members of the Civilian Reserve Corps pursuant to a 
        determination by the President under section 618 of the Foreign 
        Assistance Act of 1961.
            ``(3) Mitigation of domestic impact.--The establishment and 
        deployment of any Civilian Reserve Corps shall be undertaken in 
        a manner that will avoid substantively impairing the capacity 
        and readiness of any State and local governments from which 
        Civilian Reserve Corps personnel may be drawn.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of State such sums as may be necessary 
for fiscal years 2007 through 2010 for the Office and to support, 
educate, train, maintain, and deploy a Response Readiness Corps and a 
Civilian Reserve Corps.
    ``(d) Existing Training and Education Programs.--The Secretary 
shall ensure that personnel of the Department, and, in coordination 
with the Administrator of USAID, that personnel of USAID, make use of 
the relevant existing training and education programs offered within 
the Government, such as those at the Center for Stabilization and 
Reconstruction Studies at the Naval Postgraduate School and the 
Interagency Training, Education, and After Action Review Program at the 
National Defense University.''.

SEC. 1606. AUTHORITIES RELATED TO PERSONNEL.

    (a) Extension of Certain Foreign Service Benefits.--The Secretary, 
or the head of any agency with respect to personnel of that agency, may 
extend to any individuals assigned, detailed, or deployed to carry out 
reconstruction and stabilization activities pursuant to section 62 of 
the State Department Basic Authorities Act of 1956 (as added by section 
1605 of this title), the benefits or privileges set forth in sections 
413, 704, and 901 of the Foreign Service Act of 1980 (22 U.S.C. 3973, 
22 U.S.C. 4024, and 22 U.S.C. 4081) to the same extent and manner that 
such benefits and privileges are extended to members of the Foreign 
Service.
    (b) Authority Regarding Details.--The Secretary is authorized to 
accept details or assignments of any personnel, and any employee of a 
State or local government, on a reimbursable or nonreimbursable basis 
for the purpose of carrying out this title, and the head of any agency 
is authorized to detail or assign personnel of such agency on a 
reimbursable or nonreimbursable basis to the Department of State for 
purposes of section 62 of the State Department Basic Authorities Act of 
1956, as added by section 1605 of this title.

SEC. 1607. RECONSTRUCTION AND STABILIZATION STRATEGY.

    (a) In General.--The Secretary of State, in consultation with the 
Administrator of the United States Agency for International 
Development, shall develop an interagency strategy to respond to 
reconstruction and stabilization operations.
    (b) Contents.--The strategy required under subsection (a) shall 
include the following:
            (1) Identification of and efforts to improve the skills 
        sets needed to respond to and support reconstruction and 
        stabilization operations in countries or regions that are at 
        risk of, in, or are in transition from, conflict or civil 
        strife.
            (2) Identification of specific agencies that can adequately 
        satisfy the skills sets referred to in paragraph (1).
            (3) Efforts to increase training of Federal civilian 
        personnel to carry out reconstruction and stabilization 
        activities.
            (4) Efforts to develop a database of proven and best 
        practices based on previous reconstruction and stabilization 
        operations.
            (5) A plan to coordinate the activities of agencies 
        involved in reconstruction and stabilization operations.

SEC. 1608. ANNUAL REPORTS TO CONGRESS.

    Not later than 180 days after the date of the enactment of this Act 
and annually for each of the five years thereafter, the Secretary of 
State shall submit to the appropriate congressional committees a report 
on the implementation of this title. The report shall include detailed 
information on the following:
            (1) Any steps taken to establish a Response Readiness Corps 
        and a Civilian Reserve Corps, pursuant to section 62 of the 
        State Department Basic Authorities Act of 1956 (as added by 
        section 1605 of this title).
            (2) The structure, operations, and cost of the Response 
        Readiness Corps and the Civilian Reserve Corps, if established.
            (3) How the Response Readiness Corps and the Civilian 
        Reserve Corps coordinate, interact, and work with other United 
        States foreign assistance programs.
            (4) An assessment of the impact that deployment of the 
        Civilian Reserve Corps, if any, has had on the capacity and 
        readiness of any domestic agencies or State and local 
        governments from which Civilian Reserve Corps personnel are 
        drawn.
            (5) The reconstruction and stabilization strategy required 
        by section 1607 and any annual updates to that strategy.
            (6) Recommendations to improve implementation of subsection 
        (b) of section 62 of the State Department Basic Authorities Act 
        of 1956, including measures to enhance the recruitment and 
        retention of an effective Civilian Reserve Corps.
            (7) A description of anticipated costs associated with the 
        development, annual sustainment, and deployment of the Civilian 
        Reserve Corps.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

    This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 2009''.

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE 
              SPECIFIED BY LAW.

    (a) Expiration of Authorizations After Three Years.--Except as 
provided in subsection (b), all authorizations contained in titles XXI 
through XXVI and title XXIX for military construction projects, land 
acquisition, family housing projects and facilities, and contributions 
to the North Atlantic Treaty Organization Security Investment Program 
(and authorizations of appropriations therefor) shall expire on the 
later of--
            (1) October 1, 2011; or
            (2) the date of the enactment of an Act authorizing funds 
        for military construction for fiscal year 2012.
    (b) Exception.--Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic Treaty 
Organization Security Investment Program (and authorizations of 
appropriations therefor), for which appropriated funds have been 
obligated before the later of--
            (1) October 1, 2011; or
            (2) the date of the enactment of an Act authorizing funds 
        for fiscal year 2012 for military construction projects, land 
        acquisition, family housing projects and facilities, or 
        contributions to the North Atlantic Treaty Organization 
        Security Investment Program.

                            TITLE XXI--ARMY

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

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                         Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
                    State                                  Installation or Location                   Amount
----------------------------------------------------------------------------------------------------------------
Alabama.....................................  Anniston Army Depot..............................      $46,400,000
                                              Fort Rucker......................................       $6,800,000
Alaska......................................  Fort Richardson..................................      $15,000,000
                                              Fort Wainwright..................................     $110,400,000
Arizona.....................................  Fort Huachuca....................................      $13,200,000
                                              Yuma Proving Ground..............................       $3,800,000
California..................................  Fort Irwin.......................................      $39,600,000
                                              Presidio, Monterey...............................      $15,000,000
                                              Sierra Army Depot................................      $12,400,000
Colorado....................................  Fort Carson......................................     $534,000,000
Georgia.....................................  Fort Benning.....................................     $267,800,000
                                              Fort Stewart/Hunter Army Air Field...............     $432,300,000
Hawaii......................................  Pohakuloa Training Area..........................       $9,000,000
                                              Schofield Barracks...............................     $279,000,000
                                              Wahiawa..........................................      $40,000,000
Kansas......................................  Fort Leavenworth.................................       $4,200,000
                                              Fort Riley.......................................     $158,000,000
Kentucky....................................  Fort Campbell....................................     $108,113,000
Louisiana...................................  Fort Polk........................................      $29,000,000
Missouri....................................  Fort Leonard Wood................................      $33,850,000
New Jersey..................................  Picatinny Arsenal................................       $9,900,000
New York....................................  Fort Drum........................................      $96,900,000
                                              USMA, West Point.................................      $67,000,000
North Carolina..............................  Fort Bragg.......................................      $58,400,000
Oklahoma....................................  Fort Sill........................................      $63,000,000
                                              McAlester Army Ammunition Plant..................       $5,800,000
Pennsylvania................................  Carlisle Barracks................................      $13,400,000
                                              Letterkenny Army Depot...........................       $7,500,000
                                              Tobyhanna Army Depot.............................      $15,000,000
South Carolina..............................  Fort Jackson.....................................      $30,000,000
Texas.......................................  Camp Bullis......................................       $4,200,000
                                              Corpus Christi Army Depot........................      $39,000,000
                                              Fort Bliss.......................................   $1,044,300,000
                                              Fort Hood........................................      $49,500,000
                                              Fort Sam Houston.................................      $96,000,000
                                              Red River Army Depot.............................       $6,900,000
Virginia....................................  Fort Belvoir.....................................       $7,200,000
                                              Fort Eustis......................................      $18,300,000
                                              Fort Lee.........................................     $100,600,000
                                              Fort Myer........................................      $14,000,000
Washington..................................  Fort Lewis.......................................     $158,000,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(2), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                                         Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan...................................  Bagram Air Base................................      $67,000,000
Germany.......................................  Katterbach.....................................      $19,000,000
                                                Wiesbaden Air Base.............................     $119,000,000
Japan.........................................  Camp Zama......................................       $2,350,000
                                                Sagamihara.....................................      $17,500,000
Korea.........................................  Camp Humphreys.................................      $20,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, in the number of units, 
and in the amounts set forth in the following table:

                                              Army: Family Housing
----------------------------------------------------------------------------------------------------------------
                Country                    Installation or Location              Units                Amount
----------------------------------------------------------------------------------------------------------------
Germany................................  Wiesbaden Air Base.........  326.......................    $133,000,000
Korea..................................  Camp Humphreys.............  216.......................    $125,000,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2104(a)(5)(A), the 
Secretary of the Army may carry out architectural and engineering 
services and construction design activities with respect to the 
construction or improvement of family housing units in an amount not to 
exceed $579,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2104(a)(5)(A), the Secretary of the Army may improve existing 
military family housing units in an amount not to exceed $420,001,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2008, for military 
construction, land acquisition, and military family housing functions 
of the Department of the Army in the total amount of $6,008,226,000 as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2101(a), $4,062,763,000.
            (2) For military construction projects outside the United 
        States authorized by section 2101(b), $185,350,000.
            (3) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $23,000,000.
            (4) For host nation support and architectural and 
        engineering services and construction design under section 2807 
        of title 10, United States Code, $175,823,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $646,580,000.
                    (B) For support of military family housing 
                (including the functions described in section 2833 of 
                title 10, United States Code), $716,110,000.
            (6) For the construction of increment 3 of a barracks 
        complex at Fort Lewis, Washington, authorized by section 
        2101(a) of the Military Construction Authorization Act for 
        Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 
        2445), as amended by section 20814 of the Continuing 
        Appropriations Resolution, 2007 (division B of Public Law 109-
        289), as added by section 2 of the Revised Continuing 
        Resolution, 2007 (Public Law 110-5; 121 Stat 41), $102,000,000.
            (7) For the construction of increment 2 of the United 
        States Southern Command Headquarters at Miami Doral, Florida, 
        authorized by section 2101(a) of the Military Construction 
        Authorization Act for Fiscal Year 2008 (division B of Public 
        Law 110-181; 122 Stat. 504, $81,600,000.
            (8) For the construction of increment 2 of the brigade 
        complex operations support facility at Vicenza, Italy, 
        authorized by section 2101(b) of the Military Construction 
        Authorization Act for Fiscal Year 2008 (division B of Public 
        Law 110-181; 122 Stat. 505, $7,500,000.
            (9) For the construction of increment 2 of the brigade 
        complex barracks and community support facility at Vicenza, 
        Italy, authorized by section 2101(b) of the Military 
        Construction Authorization Act for Fiscal Year 2008 (division B 
        of Public Law 110-181; 122 Stat. 505, $7,500,000.
    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2401 of this 
Act may not exceed the sum of the following:
            (1) The total amount authorized to be appropriated under 
        paragraphs (1) and (2) of subsection (a).
            (2) $59,500,000 (the balance of the amount authorized under 
        section 2101(b) for the construction of a headquarters element 
        in Wiesbaden, Germany).

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2008 PROJECTS.

    (a) Inside the United States Projects.--The table in section 
2101(a) of the Military Construction Authorization Act for Fiscal Year 
2008 (division B of Public Law 110-181; 122 Stat. 504) is amended--
            (1) in the item relating to Hawthorne Army Ammunition 
        Plant, Nevada, by striking ``$11,800,000'' in the amount column 
        and inserting ``$7,300,000'';
            (2) in the item relating to Fort Drum, New York, by 
        striking ``$311,200,000'' in the amount column and inserting 
        ``$304,600,000''; and
            (3) in the item relating to Fort Bliss, Texas, by striking 
        ``$118,400,000'' in the amount column and inserting 
        ``$111,900,000''.
    (b) Conforming Amendments.--Section 2104(a) of that Act (122 Stat. 
506) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``$5,106,703,000'' and inserting ``$5,089,103,000''; and
            (2) in paragraph (1), by striking ``$3,198,150,000'' and 
        inserting ``$3,180,550,000''.

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2007 PROJECTS.

    (a) Inside the United States Projects.--The table in section 
2101(a) of the Military Construction Authorization Act for Fiscal Year 
2007 (division B of Public Law 109-364; 120 Stat. 2445), as amended by 
section 20814 of the Continuing Appropriations Resolution, 2007 
(division B of Public Law 109-289) and section 2105(a) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B of 
Public Law 110-181; 122 Stat. 507), is further amended in the item 
relating to Fort Bragg, North Carolina, by striking ``$96,900,000'' in 
the amount column and inserting ``$75,900,000''.
    (b) Outside the United States Projects.--The table in section 
2101(b) of the Military Construction Authorization Act for Fiscal Year 
2007 (division B of Public Law 109-364; 120 Stat. 2446), as amended by 
section 2106(a) of the Military Construction Authorization Act for 
Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 508), is 
further amended in the item relating to Vicenza, Italy, by striking 
``$223,000,000'' in the amount column and inserting ``$208,280,000''.
    (c) Conforming Amendments.--Section 2104(a) of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B of 
Public Law 109-364; 120 Stat. 2447), as amended by section 2105(b) of 
the Military Construction Authorization Act for Fiscal Year 2008 
(division B of Public Law 110-181; 122 Stat. 508), is further amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``$3,275,700,000'' and inserting ``$3,239,980,000'';
            (2) in paragraph (1), by striking ``$1,119,450,000'' and 
        inserting ``$1,098,450,000''; and
            (3) in paragraph (2), by striking ``$510,582,00'' and 
        inserting ``$495,862,000''.

SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 
              PROJECTS.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3501), the authorizations set forth in 
the table in subsection (b), as provided in section 2101 of that Act 
(119 Stat. 3485), shall remain in effect until October 1, 2009, or the 
date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2010, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                                 Army: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                  Installation or Location               Project                  Amount
----------------------------------------------------------------------------------------------------------------
Hawaii................................  Pohakuloa...............  Tactical Vehicle Wash Facility...   $9,207,000
                                                                  Battle Area Complex..............  $33,660,000
Virginia..............................  Fort Belvoir............  Defense Access Road..............  $18,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005 
              PROJECT.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B of 
Public Law 108-375; 118 Stat. 2116), the authorization set forth in the 
table in subsection (b), as provided in section 2101 of that Act (118 
Stat. 2101) and extended by section 2108 of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 508), shall remain in effect until October 1, 2009, or 
the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2010, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                                  Army: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                  Installation or Location               Project                  Amount
----------------------------------------------------------------------------------------------------------------
Hawaii................................  Schofield Barracks......  Training Facility................  $35,542,000
----------------------------------------------------------------------------------------------------------------

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 
                            2005 project.
Sec. 2206. Modification of authority to carry out certain fiscal year 
                            2007 projects.
Sec. 2207. Report on impacts of surface ship homeporting alternatives.

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(1), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                            Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Arizona.......................................  Marine Corps Air Station, Yuma.................      $19,490,000
California....................................  Marine Corps Logistics Base, Barstow...........       $7,830,000
                                                Marine Corps Base, Camp Pendleton..............     $799,870,000
                                                Naval Air Facility, El Centro..................       $8,900,000
                                                Marine Corps Air Station, Miramar..............      $48,770,000
                                                Naval Post Graduate School Monterey............       $9,900,000
                                                Naval Air Station, North Island................      $60,152,000
                                                Naval Facility, San Clemente Island............      $34,020,000
                                                Naval Station, San Diego.......................      $51,220,000
                                                Marine Corps Base, Twentynine Palms............     $155,310,000
Connecticut...................................  Naval Submarine Base, Groton...................      $46,060,000
District of Columbia..........................  Naval Support Activity, Washington.............      $24,220,000
Florida.......................................  Naval Air Station, Jacksonville................      $12,890,000
                                                Naval Station, Mayport.........................      $18,280,000
                                                Naval Support Activity, Tampa..................      $29,000,000
Georgia.......................................  Marine Corps Logistics Base, Albany............      $15,320,000
                                                Naval Submarine Base Kings Bay.................       $6,130,000
Hawaii........................................  Pacific Missile Range, Barking Sands...........      $28,900,000
                                                Marine Corps Base, Hawaii......................      $28,200,000
                                                Naval Station, Pearl Harbor....................      $80,290,000
Illinois......................................  Recruit Training Command, Great Lakes..........      $62,940,000
Maine.........................................  Naval Shipyard Portsmouth......................       $9,980,000
Maryland......................................  Naval Surface Warfare Center Carderock.........       $6,980,000
                                                Naval Surface Warfare Center, Indian Head......      $25,980,000
Mississippi...................................  Naval Construction Battalion Center, Gulfport..      $12,770,000
New Jersey....................................  Naval Air Warfare Center, Lakehurst............      $15,440,000
North Carolina................................  Marine Corps Air Station, Cherry Point.........      $77,420,000
                                                Marine Corps Air Station, New River............      $86,280,000
                                                Marine Corps Base, Camp Lejeune................     $353,090,000
Pennsylvania..................................  Naval Support Activity, Philadelphia...........      $22,020,000
Rhode Island..................................  Naval Station, Newport.........................      $39,800,000
South Carolina................................  Marine Corps Air Station, Beaufort.............       $5,940,000
                                                Marine Corps Recruit Depot, Parris Island......      $64,750,000
Texas.........................................  Naval Air Station Corpus Christi...............       $3,500,000
                                                Naval Air Station Kingsville...................      $11,580,000
Virginia......................................  Marine Corps Base, Quantico....................     $150,290,000
                                                Naval Station, Norfolk.........................      $73,280,000
Washington....................................  Naval Air Station Whidbey Island...............       $6,160,000
                                                Naval Base Kitsap..............................       $5,110,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(2), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installation or location outside the 
United States, and in the amounts, set forth in the following table:

                                         Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Cuba..........................................  Naval Air Station, Guantanamo Bay...............     $20,600,000
Diego Garcia..................................  Diego Garcia....................................     $35,060,000
Djibouti......................................  Camp Lemonier...................................     $31,410,000
Guam..........................................  Naval Activities, Guam..........................     $88,430,000
----------------------------------------------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2204(3), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for unspecified installations or locations in the 
amounts set forth in the following table:

                                           Navy: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
                    Location                                 Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified..........................  Unspecified Worldwide..........................     $94,020,000
----------------------------------------------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 2204(6)(A), 
the Secretary of the Navy may construct or acquire family housing units 
(including land acquisition and supporting facilities) at the 
installations or locations, in the number of units, and in the amount 
set forth in the following table:

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                State                  Installation or Location                 Units                   Amount
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay.......................  Naval Air Station,        146                                 $62,598.000
                                        Guantanamo Bay.
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2204(6)(A), the 
Secretary of the Navy may carry out architectural and engineering 
services and construction design activities with respect to the 
construction or improvement of family housing units in an amount not to 
exceed $2,169,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2204(6)(A), the Secretary of the Navy may improve existing 
military family housing units in an amount not to exceed $318,011,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for military construction, land 
acquisition, and military family housing functions of the Department of 
the Navy in the total amount of $3,996,449,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2201(a), $2,518,152,000.
            (2) For military construction projects outside the United 
        States authorized by section 2201(b), $175,500,000.
            (3) For military construction projects at unspecified 
        worldwide locations authorized by section 2201(c), $94,020,000.
            (4) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $13,670,000.
            (5) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $247,128,000.
            (6) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $382,778,000.
                    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $376,062,000.
            (7) For the construction of increment 2 of the wharf 
        extension at Naval Forces Marianas Islands, Guam, authorized by 
        section 2201(b) of the Military Construction Authorization Act 
        for Fiscal Year 2008 (division B of Public Law 110-181; 122 
        Stat. 510), $50,912,000.
            (8) For the construction of increment 2 of the submarine 
        drive-in magnetic silencing facility at Naval Submarine Base, 
        Pearl Harbor, Hawaii, authorized in section 2201(a) of the 
        Military Construction Authorization Act for Fiscal Year 2008 
        (division B of Public Law 110-181; 122 Stat. 510), $41,088,000.
            (9) For the construction of increment 3 of the National 
        Maritime Intelligence Center, Suitland, Maryland, authorized by 
        section 2201(a) of the Military Construction Authorization Act 
        for Fiscal Year 2007 (division B of Public Law 109-364; 120 
        Stat. 2448), $12,439,000.
            (10) For the construction of increment 2 of hangar 5 
        recapitalizations at Naval Air Station, Whidbey Island, 
        Washington, authorized by section 2201(a) of the Military 
        Construction Authorization Act of Fiscal Year 2007 (division B 
        of Public Law 109-364; 120 Stat. 2448), $34,000,000.
            (11) For the construction of increment 5 of the limited 
        area production and storage complex at Naval Submarine Base, 
        Kitsap, Bangor, Washington (formerly referred to as a project 
        at the Strategic Weapons Facility Pacific, Bangor), authorized 
        by section 2201(a) of the Military Construction Authorization 
        Act of Fiscal Year 2005 (division B of Public Law 108-375; 118 
        Stat. 2106), as amended by section 2206 of the Military 
        Construction Authorization Act for Fiscal Year 2006 (division B 
        of Public law 109-163; 119 Stat. 3493) and section 2206 of the 
        Military Construction Authorization Act for Fiscal Year 2008 
        (division B of Public Law 110-181; 122 Stat. 514) $50,700,000.

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2005 PROJECT.

    The table in section 2201(a) of the Military Construction 
Authorization Act for Fiscal Year 2005 (division B of Public Law 108-
375; 118 Stat. 2105), as amended by section 2206 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3493) and section 2206 of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B of 
Public Law 110-181; 122 Stat.514), is further amended--
            (1) in the item relating to Strategic Weapons Facility 
        Pacific, Bangor, Washington, by striking ``$295,000,000'' in 
        the amount column and inserting ``$311,670,000''; and
            (2) by striking the amount identified as the total in the 
        amount column and inserting ``$1,084,497,000''.

SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2007 PROJECTS.

    (a) Modifications.--The table in section 2201(a) of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B of 
Public Law 109-364; 120 Stat. 2448), as amended by section 2205(a)(17) 
of the Military Construction Authorization Act for Fiscal Year 2008 
(division B of Public Law 110-181; 122 Stat. 513) is further amended--
            (1) in the item relating to NMIC/Naval Support Activity, 
        Suitland, Maryland, by striking ``$67,939,000'' in the amount 
        column and inserting ``$76,288,000''; and
            (2) in the item relating to Naval Air Station, Whidbey 
        Island, Washington, by striking ``$57,653,000'' in the amount 
        column and inserting ``$60,500,000''.
    (b) Conforming Amendments.--Section 2204(b) of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B of 
Public Law 109-364; 120 Stat. 2452), is amended--
            (1) in paragraph (2), by striking ``$56,159,000'' and 
        inserting ``$64,508,000''; and
            (2) in paragraph (3), by striking ``$31,153,000'' and 
        inserting ``$34,000,000''.

SEC. 2207. REPORT ON IMPACTS OF SURFACE SHIP HOMEPORTING ALTERNATIVES.

    (a) Report Required.--The Secretary of the Navy shall not issue a 
record of decision for the proposed action of homeporting additional 
surface ships at Naval Station Mayport, Florida, until at least 30 days 
after the date on which the Secretary submits to Congress a report 
containing an analysis of the socio-economic impacts and an economic 
justification on each location from which a vessel is proposed to be 
removed for homeporting at Naval Station Mayport under the preferred 
alternative identified in the final environmental impact statement for 
the proposed action.
    (b) Additional Reporting Requirement.--If the final environmental 
impact statement does not contain a preferred alternative or if the 
Secretary intends to select an alternative other than the preferred 
alternative in the record of decision, then the Secretary shall submit 
to Congress a report (in the case where no preferred alternative is 
identified) or an additional report (in the case where the preferred 
alternative is not selected) containing an analysis of the socio-
economic impacts and an economic justification on each location from 
which a vessel is proposed to be removed for homeporting at Naval 
Station Mayport.

                         TITLE XXIII--AIR FORCE

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

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(1), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
inside the United States, and in the amounts, set forth in the 
following table:

                                       Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................  Maxwell Air Force Base......................        $15,556,000
Alaska.........................................  Elmendorf Air Force Base....................       $138,300,000
California.....................................  Edwards Air Force Base......................         $9,100,000
Colorado.......................................  United States Air Force Academy.............        $18,000,000
Delaware.......................................  Dover Air Force Base........................        $19,000,000
Florida........................................  Eglin Air Force Base........................        $19,000,000
                                                 MacDill Air Force Base......................        $26,000,000
                                                 Tyndall Air Force Base......................        $11,600,000
Georgia........................................  Robins Air Force Base.......................        $29,350,000
Kansas.........................................  McConnell Air Force Base....................         $6,800,000
Maryland.......................................  Andrews Air Force Base......................        $77,648,000
Mississippi....................................  Columbus Air Force Base.....................         $8,100,000
Missouri.......................................  Whiteman Air Force Base.....................         $4,200,000
Nevada.........................................  Creech Air Force Base.......................        $48,500,000
                                                 Nellis Air Force Base.......................        $53,300,000
New Jersey.....................................  McGuire Air Force Base......................         $7,200,000
 New Mexico....................................  Cannon Air Force Base.......................         $8,300,000
                                                 Holloman Air Force Base.....................        $25,450,000
Ohio...........................................  Wright Patterson Air Force Base.............        $14,000,000
Oklahoma.......................................  Tinker Air Force Base.......................        $54,000,000
South Carolina.................................   Charleston Air Force Base..................         $4,500,000
                                                 Shaw Air Force Base.........................         $9,900,000
Texas..........................................  Fort Hood...................................        $10,800,000
                                                 Lackland Air Force Base.....................        $75,515,000
Utah...........................................  Hill Air Force Base.........................        $41,400,000
Washington.....................................  McChord Air Force Base......................         $5,500,000
Wyoming........................................  Francis E. Warren Air Force Base............         $8,600,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(2), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
outside the United States, and in the amounts, set forth in the 
following table:

                                      Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
                     Country                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan.....................................   Bagram Airfield.................................  $57,200,000
Guam............................................  Andersen Air Force Base..........................  $10,600,000
Kyrgyzstan......................................  Manas Air Base...................................   $6,000,000
United Kingdom..................................  Royal Air Force Lakenheath.......................   $7,400,000
----------------------------------------------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2304(3), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for unspecified installations or 
locations in the amounts set forth in the following table:

                                        Air Force: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
                    Location                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Classified............................  Classified Location..............................     $891,000
Worldwide Unspecified...........................  Unspecified Worldwide Locations..................  $52,500,000
----------------------------------------------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(6)(A), 
the Secretary of the Air Force may construct or acquire family housing 
units (including land acquisition and supporting facilities) at the 
installations or locations, in the number of units, and in the amounts 
set forth in the following table:

                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
                 State                    Installation or  Location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
United Kingdom........................  Royal Air Force Lakenheath...  182 Units................     $71,828,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2304(6)(A), the 
Secretary of the Air Force may carry out architectural and engineering 
services and construction design activities with respect to the 
construction or improvement of family housing units in an amount not to 
exceed $7,708,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2304(6)(A), the Secretary of the Air Force may improve existing 
military family housing units in an amount not to exceed $316,343,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for military construction, land 
acquisition, and military family housing functions of the Department of 
the Air Force in the total amount of $1,966,868,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2301(a), $749,619,000.
            (2) For military construction projects outside the United 
        States authorized by section 2301(b), $81,200,000.
            (3) For the military construction projects at unspecified 
        worldwide locations authorized by section 2301(c), $53,391,000.
            (4) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $15,000,000.
            (5) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $77,314,000.
            (6) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $395,879,000.
                    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $594,465,000.

SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 
              PROJECTS.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3501), authorizations set forth in the 
tables in subsection (b), as provided in section 2302 of that Act, 
shall remain in effect until October 1, 2009, or the date of the 
enactment of an Act authorizing funds for military construction for 
fiscal year 2010, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                               Air Force: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                     Installation or  Location              Project              Amount
----------------------------------------------------------------------------------------------------------------
Alaska..................................  Eielson Air Force Base.......  Replace Family Housing (92  $37,650,000
                                                                          units)...................
                                                                         Purchase Build/Lease        $18,144,000
                                                                          Housing (300 units)......
California..............................  Edwards Air Force Base.......  Replace Family Housing      $59,699,000
                                                                          (226 units)..............
Florida.................................  MacDill Air Force Base.......  Replace Family Housing      $40,982,000
                                                                          (109 units)..............
Missouri................................  Whiteman Air Force Base......  Replace Family Housing      $26,917,000
                                                                          (111 units)..............
North Carolina..........................  Seymour Johnson Air Force      Replace Family Housing      $48,868,000
                                           Base........................   (255 units)..............
North Dakota............................  Grand Forks Air Force Base...  Replace Family Housing      $43,353,000
                                                                          (150 units)..............
----------------------------------------------------------------------------------------------------------------

SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005 
              PROJECTS.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B of 
Public Law 108-375; 118 Stat. 2116), authorizations set forth in the 
table in subsection (b), as provided in section 2302 of that Act and 
extended by section 2307 of the Military Construction Authorization Act 
for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 519), 
shall remain in effect until October 1, 2009, or the date of the 
enactment of an Act authorizing funds for military construction for 
fiscal year 2010, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                               Air Force: Extension of 2005 Project Authorizations
----------------------------------------------------------------------------------------------------------------
             State/Country               Installation or Location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Arizona...............................  Davis-Monthan Air Force    Replace Family Housing (250       $48,500,000
                                         Base....................   units).....................
California............................  Vandenberg Air Force Base  Replace Family Housing (120       $30,906,000
                                                                    units).....................
Florida...............................  MacDill Air Force Base...  Construct Housing                  $1,250,000
                                                                    Maintenance Facility.......
Missouri..............................  Whiteman Air Force Base..  Replace Family Housing (160       $37,087,000
                                                                    units).....................
North Carolina........................  Seymour Johnson Air Force  Replace Family Housing (167       $32,693,000
                                         Base....................   units).....................
Germany...............................  Ramstein Air Base........  USAFE Theater Aerospace           $24,204,000
                                                                    Operations Support Center..
----------------------------------------------------------------------------------------------------------------

                      TITLE XXIV--DEFENSE AGENCIES

               Subtitle A--Defense Agency Authorizations

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

          Subtitle B--Chemical Demilitarization Authorizations

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

               Subtitle A--Defense Agency Authorizations

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2403(a)(1), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following tables:

                                           Defense Education Activity
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Kentucky......................................  Fort Campbell...................................     $21,400,000
North Carolina................................  Fort Bragg......................................     $78,471,000
----------------------------------------------------------------------------------------------------------------


                                           Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Illinois......................................  Scott Air Force Base............................     $13,977,000
----------------------------------------------------------------------------------------------------------------


                                            Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
California....................................  Defense Distribution Depot, Tracy...............     $50,300,000
Delaware......................................  Defense Fuel Supply Center, Dover Air Force Base      $3,373,000
Florida.......................................  Defense Fuel Support Point, Jacksonville........     $34,000,000
Georgia.......................................  Hunter Army Air Field...........................      $3,500,000
Hawaii........................................  Pearl Harbor....................................     $27,700,000
New Mexico....................................  Kirtland Air Force Base.........................     $14,400,000
Oklahoma......................................  Altus Air Force Base............................      $2,850,000
Pennsylvania..................................  Philadelphia....................................      $1,200,000
Utah..........................................  Hill Air Force Base.............................     $20,400,000
Virginia......................................  Craney Island...................................     $39,900,000
----------------------------------------------------------------------------------------------------------------


                                            National Security Agency
----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Maryland.......................................  Fort Meade.....................................     $14,000,000
----------------------------------------------------------------------------------------------------------------


                                           Special Operations Command
----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
California.....................................  Naval Amphibious Base, Coronado................      $9,800,000
Florida........................................  Eglin Air Force Base...........................      $40,000,00
                                                 Hurlburt Field.................................      $8,900,000
                                                 MacDill Air Force Base.........................     $10,500,000
Kentucky.......................................  Fort Campbell..................................     $15,000,000
New Mexico.....................................  Cannon Air Force Base..........................     $18,100,000
North Carolina.................................  Fort Bragg.....................................     $38,250,000
Virginia.......................................  Fort Story.....................................     $11,600,000
Washington.....................................  Fort Lewis.....................................     $38,000,000
----------------------------------------------------------------------------------------------------------------


                                           TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Alaska.........................................  Fort Richardson................................      $6,300,000
Colorado.......................................  Buckley Air Force Base.........................      $3,000,000
Georgia........................................  Fort Benning...................................      $3,900,000
Kansas.........................................  Fort Riley.....................................     $52,000,000
Kentucky.......................................  Fort Campbell..................................     $24,000,000
Maryland.......................................  Aberdeen Proving Ground........................    $430,000,000
Missouri.......................................  Fort Leonard Wood..............................     $22,000,000
Oklahoma.......................................  Tinker Air Force Base..........................     $65,000,000
Texas..........................................  Fort Sam Houston...............................     $13,000,000
----------------------------------------------------------------------------------------------------------------


                                        Washington Headquarters Services
----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Virginia.......................................  Pentagon Reservation...........................     $38,940,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2403(a)(2), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following tables:

                                            Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
                     Country                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Germany.........................................  Germersheim......................................  $48,000,000
Greece..........................................  Souda Bay........................................   $8,000,000
----------------------------------------------------------------------------------------------------------------


                                           Special Operations Command
----------------------------------------------------------------------------------------------------------------
                     Country                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Qatar...........................................  Al Udeid.........................................   $9,200,000
----------------------------------------------------------------------------------------------------------------


                                           TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
                     Country                                   Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Guam............................................  Naval Activities.................................  $30,000,000
----------------------------------------------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2403(a)(3), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for unspecified installations or locations in the 
amount set forth in the following table:

                 Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
                                       Installation or
             Location                     Location            Amount
------------------------------------------------------------------------
Worldwide Classified..............  Classified Project..    $837,480,000
------------------------------------------------------------------------

SEC. 2402. ENERGY CONSERVATION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2403(a)(7), the Secretary of Defense may 
carry out energy conservation projects under chapter 173 of title 10, 
United States Code, in the amount of $80,000,000.

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2008, for military 
construction, land acquisition, and military family housing functions 
of the Department of Defense (other than the military departments) in 
the total amount of $1,510,550,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2401(a), $767,511,000.
            (2) For military construction projects outside the United 
        States authorized by section 2401(b), $95,200,000.
            (3) For the military construction projects at unspecified 
        worldwide locations authorized by section 2401(c), 
        $101,160,000.
            (4) For unspecified minor military construction projects 
        under section 2805 of title 10, United States Code, 
        $28,853,000.
            (5) For contingency construction projects of the Secretary 
        of Defense under section 2804 of title 10, United States Code, 
        $10,000,000.
            (6) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $133,025,000.
            (7) For energy conservation projects authorized by section 
        2402 of this Act, $80,000,000.
            (8) For support of military family housing, including 
        functions described in section 2833 of title 10, United States 
        Code, and credits to the Department of Defense Family Housing 
        Improvement Fund under section 2883 of title 10, United States 
        Code, and the Homeowners Assistance Fund established under 
        section 1013 of the Demonstration Cities and Metropolitan 
        Development Act of 1966 (42 U.S.C. 3374), $54,581,000.
            (9) For the construction of increment 4 of the regional 
        security operations center at Augusta, Georgia, authorized by 
        section 2401(a) of the Military Construction Authorization Act 
        of Fiscal Year 2006 (division B of Public Law 109-163; 119 
        Stat. 3497), as amended by section 7016 of the Emergency 
        Supplemental Appropriation Act for Defense, the Global War on 
        Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 
        Stat. 485), $100,220,000.
            (10) For the construction of increment 2 of the Army 
        Medical Research Institute of Infectious Diseases Stage 1 at 
        Fort Detrick, Maryland, authorized by section 2401(a) of the 
        Military Construction Authorization Act of Fiscal Year 2007 
        (division B of Public Law 109-364; 120 Stat. 2457), 
        $109,000,000.
            (11) For the construction of increment 2 of the special 
        operations forces operational facility at Dam Neck, Virginia, 
        authorized by section 2401(a) of the Military Construction 
        Authorization Act of Fiscal Year 2008 (division B of Public Law 
        110-181; 122 Stat. 521), $31,000,000.
    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2401 of this 
Act may not exceed the sum of the following:
            (1) The total amount authorized to be appropriated under 
        paragraphs (1), (2) and (3) of subsection (a).
            (2) $100,000,000 (the balance of the amount authorized 
        under section 2401(a) for the construction of the United States 
        Army Medical Research Institute of Infectious Diseases Stage 1 
        at Fort Detrick, Maryland).
            (3) $80,000,000 (the balance of the amount authorized under 
        section 2401(c) for the construction of the Ballistic Missile 
        Defense, European Interceptor Site).
            (4) $60,000,000 (the balance of the amount authorized under 
        section 2401(c) for the construction of the Ballistic Missile 
        Defense, European Midcourse Radar Site).

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2007 PROJECT.

    (a) Modification.--The table relating to the TRICARE Management 
Activity in section 2401(a) of the Military Construction Authorization 
Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 
2457) is amended in the item relating to Fort Detrick, Maryland, by 
striking ``$550,000,000'' in the amount column and inserting 
``$683,000,000''.
    (b) Conforming Amendment.--Section 2405(b)(3) of that Act (120 
Stat. 2461) is amended by striking ``$521,000,000'' and inserting 
``$654,000,000''.

SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2005 PROJECTS.

    (a) Modification.--The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B of 
Public Law 108-375; 118 Stat. 2112) is amended--
            (1) by striking the item relating to Defense Fuel Support 
        Point, Naval Air Station, Oceana, Virginia; and
            (2) by striking the amount identified as the total in the 
        amount column and inserting ``$485,193,000''.
    (b) Conforming Amendments.--Section 2404(a) of that Act (118 Stat. 
2113) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``$1,055,663,000'' and inserting ``$1,052,074,000''; and
            (2) in paragraph (1), by striking ``$411,782,000'' and 
        inserting ``$408,193,000''.

SEC. 2406. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2006 
              PROJECT.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3501), authorizations set forth in the 
tables in subsection (b), as provided in section 2401 of that Act, 
shall remain in effect until October 1, 2009, or the date of the 
enactment of an Act authorizing funds for military construction for 
fiscal year 2010, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                        Defense Logistics Agency: Extension of 2006 Project Authorization
----------------------------------------------------------------------------------------------------------------
            Installation or Location                                   Project                          Amount
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency........................  Defense Distribution Depot Susquehanna, New         $6,500,000
                                                   Cumberland, Pennsylvania.
----------------------------------------------------------------------------------------------------------------

          Subtitle B--Chemical Demilitarization Authorizations

SEC. 2411. AUTHORIZED CHEMICAL DEMILITARIZATION PROGRAM CONSTRUCTION 
              AND LAND ACQUISITION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2412(1), the Secretary of Defense may acquire 
real property and carry out military construction projects for the 
installations or locations inside the United States, and in the 
amounts, set forth in the following table:

                           Chemical Demilitarization Program: Inside the United States
----------------------------------------------------------------------------------------------------------------
                      Army                                     Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Army............................................  Blue Grass Army Depot, Kentucky..................  $12,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2412. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION 
              CONSTRUCTION, DEFENSE-WIDE.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for military construction and land 
acquisition for chemical demilitarization in the total amount of 
$134,278,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2411(a), $12,000,000.
            (2) For the construction of phase 10 of a munitions 
        demilitarization facility at Pueblo Chemical Activity, 
        Colorado, authorized by section 2401(a) of the Military 
        Construction Authorization Act for Fiscal Year 1997 (division B 
        of Public Law 104-201; 110 Stat. 2775), as amended by section 
        2406 of the Military Construction Authorization Act for Fiscal 
        Year 2000 (division B of Public Law 106-65; 113 Stat. 839) and 
        section 2407 of the Military Construction Authorization Act for 
        Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 
        2698), $65,060,000.
            (3) For the construction of phase 9 of a munitions 
        demilitarization facility at Blue Grass Army Depot, Kentucky, 
        authorized by section 2401(a) of the Military Construction 
        Authorization Act for Fiscal Year 2000 (division B of Public 
        Law 106-65; 113 Stat. 835), as amended by section 2405 of the 
        Military Construction Authorization Act for Fiscal Year 2002 
        (division B of Public Law 107-107; 115 Stat. 1298) and section 
        2405 of the Military Construction Authorization Act for Fiscal 
        Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), 
        $57,218,000.

SEC. 2413. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              1997 PROJECT.

    (a) Modifications.--The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 1997 (division B of 
Public Law 104-201; 110 Stat. 2775), as amended by section 2406 of the 
Military Construction Authorization Act for Fiscal Year 2000 (division 
B of Public Law 106-65; 113 Stat. 839) and section 2407 of the Military 
Construction Authorization Act for Fiscal Year 2003 (division B of 
Public Law 107-314; 116 Stat. 2699), is amended--
            (1) under the agency heading relating to the Chemical 
        Demilitarization Program, in the item relating to Pueblo Army 
        Depot, Colorado, by striking ``$261,000,000'' in the amount 
        column and inserting ``$484,000,000''; and
            (2) by striking the amount identified as the total in the 
        amount column and inserting ``$830,454,000''.
    (b) Conforming Amendment.--Section 2406(b)(2) of the Military 
Construction Authorization Act for Fiscal Year 1997 (110 Stat. 2779), 
as so amended, is further amended by striking ``$261,000,000'' and 
inserting ``$484,000,000''.

SEC. 2414. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2000 PROJECT.

    (a) Modifications.--The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 2000 (division B of 
Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the 
Military Construction Authorization Act for Fiscal Year 2002 (division 
B of Public Law 107-107; 115 Stat. 1298) and section 2405 of the 
Military Construction Authorization Act for Fiscal Year 2003 (division 
B of Public Law 107-314; 116 Stat. 2698), is amended--
            (1) under the agency heading relating to Chemical 
        Demilitarization, in the item relating to Blue Grass Army 
        Depot, Kentucky, by striking ``$290,325,000'' in the amount 
        column and inserting ``$492,000,000''; and
            (2) by striking the amount identified as the total in the 
        amount column and inserting ``$949,920,000''.
    (b) Conforming Amendment.--Section 2405(b)(3) of the Military 
Construction Authorization Act for Fiscal Year 2000 (division B of 
Public Law 106-65; 113 Stat. 839), as amended by section 2405 of the 
Military Construction Authorization Act for Fiscal Year 2002 (division 
B of Public Law 107-107; 115 Stat. 1298) and section 2405 of the 
Military Construction Authorization Act for Fiscal Year 2003 (division 
B of Public Law 107-314; 116 Stat. 2698), is further amended by 
striking ``$267,525,000'' and inserting ``$469,200,000''.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

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

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment Program as provided in 
section 2806 of title 10, United States Code, in an amount not to 
exceed the sum of the amount authorized to be appropriated for this 
purpose in section 2502 and the amount collected from the North 
Atlantic Treaty Organization as a result of construction previously 
financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for contributions by the Secretary 
of Defense under section 2806 of title 10, United States Code, for the 
share of the United States of the cost of projects for the North 
Atlantic Treaty Organization Security Investment Program authorized by 
section 2501, in the amount of $240,867,000.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(1)(A), the Secretary of the Army may 
acquire real property and carry out military construction projects for 
the Army National Guard locations, and in the amounts, set forth in the 
following table:


                                               Army National Guard
----------------------------------------------------------------------------------------------------------------
                     State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................  Fort McClellan...................................    $3,000,000
Arizona........................................  Camp Navajo......................................   $13,000,000
                                                 Florence.........................................   $13,800,000
                                                 Papago Military Reservation......................   $24,000,000
Arkansas.......................................  Cabot............................................   $10,868,000
Colorado.......................................  Denver...........................................    $9,000,000
                                                 Grand Junction...................................    $9,000,000
Connecticut....................................  Camp Rell........................................   $28,000,000
                                                 East Haven.......................................   $13,800,000
Delaware.......................................  New Castle.......................................   $28,000,000
Florida........................................  Camp Blanding....................................   $33,307,000
Georgia........................................  Dobbins Air Reserve Base.........................   $45,000,000
Idaho..........................................  Orchard Training Area............................    $1,850,000
Indiana........................................  Camp Atterbury...................................    $5,800,000
                                                 Lawrence.........................................   $21,000,000
                                                 Muscatatuck......................................    $6,000,000
Iowa...........................................  Camp Dodge.......................................    $1,500,000
                                                 Davenport........................................    $1,550,000
                                                 Mount Pleasant...................................    $1,500,000
Kentucky.......................................  London...........................................    $7,191,000
Maine..........................................  Bangor...........................................   $20,000,000
Maryland.......................................  Edgewood.........................................   $28,000,000
                                                 Salisbury........................................    $9,800,000
Massachusetts..................................  Methuen..........................................   $21,000,000
Michigan.......................................  Camp Grayling....................................    $4,000,000
Minnesota......................................  Arden Hills......................................   $15,000,000
New York.......................................  Fort Drum........................................   $11,000,000
                                                 Queensbury.......................................    $5,900,000
Ohio...........................................  Camp Perry.......................................    $2,000,000
                                                 Ravenna..........................................    $2,000,000
Pennsylvania...................................  Honesdale........................................    $6,117,000
South Carolina.................................  Anderson.........................................   $12,000,000
                                                 Beaufort.........................................    $3,400,000
                                                 Eastover.........................................   $28,000,000
                                                 Hemingway........................................    $4,600,000
South Dakota...................................  Rapid City.......................................   $29,000,000
Tennessee......................................  Tullahoma........................................   $10,372,000
Utah...........................................  Camp Williams....................................   $17,500,000
Virginia.......................................  Arlington........................................   $15,500,000
                                                 Fort Pickett.....................................    $2,950,000
Washington.....................................  Fort Lewis (Gray Army Airfield)..................   $32,000,000
West Virginia..................................  Camp Dawson......................................    $9,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(1)(B), the Secretary of the Army may 
acquire real property and carry out military construction projects for 
the Army Reserve locations, and in the amounts, set forth in the 
following table:


                                                  Army Reserve
----------------------------------------------------------------------------------------------------------------
                      State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
California......................................  Fort Hunter Liggett..............................   $3,950,000
Hawaii                                            Fort Shafter.....................................  $19,199,000
Idaho...........................................  Hayden Lake......................................   $9,580,000
Kansas..........................................  Dodge City.......................................   $8,100,000
Maryland........................................  Baltimore........................................  $11,600,000
Massachusetts...................................  Fort Devens......................................   $1,900,000
Michigan........................................  Saginaw..........................................  $11,500,000
Missouri........................................  Weldon Springs...................................  $11,700,000
Nevada..........................................  Las Vegas........................................  $33,900,000
New Jersey......................................  Fort Dix.........................................   $3,825,000
New York........................................  Kingston.........................................  $13,494,000
                                                  Shoreham.........................................  $15,031,000
                                                  Staten Island....................................  $18,550,000
North Carolina..................................  Raleigh..........................................  $25,581,000
Pennsylvania....................................  Letterkenny Army Depot...........................  $14,914,000
Tennessee.......................................  Chattanooga......................................  $10,600,000
Texas...........................................  Sinton...........................................   $9,700,000
Washington......................................  Seattle..........................................  $37,500,000
Wisconsin.......................................  Fort McCoy.......................................   $4,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 
              CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(2), the Secretary of the Navy may 
acquire real property and carry out military construction projects for 
the Navy Reserve and Marine Corps Reserve locations, and in the 
amounts, set forth in the following table:


                                      Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
                     State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
California.....................................  Lemoore..........................................   $15,420,000
Delaware.......................................  Wilmington.......................................   $11,530,000
Georgia........................................  Marietta.........................................    $7,560,000
Virginia.......................................  Norfolk..........................................    $8,170,000
                                                 Williamsburg.....................................   $12,320,000
----------------------------------------------------------------------------------------------------------------

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(3)(A), the Secretary of the Air Force 
may acquire real property and carry out military construction projects 
for the Air National Guard locations, and in the amounts, set forth in 
the following table:


                                               Air National Guard
----------------------------------------------------------------------------------------------------------------
                     State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
Arkansas.......................................  Little Rock Air Force Base.......................    $4,000,000
Connecticut....................................  Bradley International Airport....................    $7,200,000
Delaware.......................................  New Castle County Airport........................    $3,200,000
Georgia........................................  Savannah Combat Readiness Training Center........    $7,500,000
Indiana........................................  Fort Wayne International Airport.................    $5,600,000
Iowa...........................................  Fort Dodge.......................................    $5,600,000
Maryland.......................................  Martin State Airport.............................    $7,900,000
Minnesota......................................  Duluth...........................................    $4,500,000
                                                 Minneapolis-St. Paul.............................    $1,500,000
New Jersey.....................................  Atlantic City International Airport..............    $8,400,000
New York.......................................  Gabreski Airport.................................    $7,500,000
                                                 Hancock Field....................................   $10,400,000
Ohio...........................................  Springfield Air National Guard Base..............   $12,800,000
South Dakota...................................  Joe Foss Field...................................    $4,500,000
Texas..........................................  Ellington Field..................................    $7,600,000
                                                 Fort Worth Naval Air Station Joint Reserve Base..    $5,000,000
Vermont........................................  Burlington International Airport.................    $6,600,000
Washington.....................................  McChord Air Force Base...........................    $8,600,000
Wyoming........................................  Cheyenne Municipal Airport.......................    $7,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(3)(B), the Secretary of the Air Force 
may acquire real property and carry out military construction projects 
for the Air Force Reserve locations, and in the amounts, set forth in 
the following table:


                                               Air Force Reserve
----------------------------------------------------------------------------------------------------------------
                      State                                            Location                         Amount
----------------------------------------------------------------------------------------------------------------
Oklahoma........................................  Tinker Air Force Base............................   $9,900,000
New York........................................  Niagara Falls Air Reserve Station................   $9,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Guard and Reserve Forces, and for contributions therefor, under 
chapter 1803 of title 10, United States Code (including the cost of 
acquisition of land for those facilities), in the following amounts:
            (1) For the Department of the Army--
                    (A) for the Army National Guard of the United 
                States, $628,668,000; and
                    (B) for the Army Reserve, $282,607,000.
            (2) For the Department of the Navy, for the Navy and Marine 
        Corps Reserve, $57,045,000.
            (3) For the Department of the Air Force--
                    (A) for the Air National Guard of the United 
                States, $142,809,000; and
                    (B) for the Air Force Reserve, $30,018,000.

SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 
              PROJECTS.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B of 
Public Law 109-163; 119 Stat. 3501), the authorizations set forth in 
the table in subsection (b), as provided in section 2601 of that Act, 
shall remain in effect until October 1, 2009, or the date of the 
enactment of an Act authorizing funds for military construction for 
fiscal year 2010, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                          Army National Guard: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                     Installation or Location              Project               Amount
----------------------------------------------------------------------------------------------------------------
California..............................  Camp Roberts................  Urban Assault Course.......   $1,485,000
Idaho...................................  Gowen Field.................  Railhead, Phase 1..........   $8,331,000
Mississippi.............................  Biloxi......................  Readiness Center...........  $16,987,000
                                          Camp Shelby.................  Modified Record Fire Range.   $2,970,000
Montana.................................  Townsend....................  Automated Qualification       $2,532,000
                                                                         Training Range.
Pennsylvania............................  Philadelphia................  Stryker Brigade Combat Team  $11,806,000
                                                                         Readiness Center.
                                                                        Organizational Maintenance    $6,144,930
                                                                         Shop #7.
----------------------------------------------------------------------------------------------------------------

SEC. 2608. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005 
              PROJECT.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B of 
Public Law 108-375; 118 Stat. 2116), the authorization set forth in the 
table in subsection (b), as provided in section 2601 of that Act, shall 
remain in effect until October 1, 2009, or the date of the enactment of 
an Act authorizing funds for military construction for fiscal year 
2010, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                          Army National Guard: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
                  State                     Installation or Location              Project               Amount
----------------------------------------------------------------------------------------------------------------
California..............................  Dublin......................  Readiness Center, Add/Alt    $11,318,000
                                                                         (ADRS).
----------------------------------------------------------------------------------------------------------------

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

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

        Subtitle B--Amendments to Base Closure and Related Laws

Sec. 2711. Repeal of commission approach for development of 
                            recommendations in any future round of base 
                            closures and realignments.
Sec. 2712. Modification of annual base closure and realignment 
                            reporting requirements.
Sec. 2713. Technical corrections regarding authorized cost and scope of 
                            work variations for military construction 
                            and military family housing projects 
                            related to base closures and realignments.

                       Subtitle C--Other Matters

Sec. 2721. Conditions on closure of Walter Reed Army Medical Hospital 
                            and relocation of operations to National 
                            Naval Medical Center and Fort Belvoir.
Sec. 2722. Report on use of BRAC properties as sites for refineries or 
                            nuclear power plants.

                       Subtitle A--Authorizations

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND 
              REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF 
              DEFENSE BASE CLOSURE ACCOUNT 1990.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for base closure and realignment 
activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) and funded through the Department of Defense Base 
Closure Account 1990 established by section 2906 of such Act, in the 
total amount of $393,377,000, as follows:
            (1) For the Department of the Army, $72,855,000.
            (2) For the Department of the Navy, $178,700,000
            (3) For the Department of the Air Force, $139,155,000.
            (4) For the Defense Agencies, $2,667,000.

SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED 
              THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2703, the Secretary of Defense may carry out 
base closure and realignment activities, including real property 
acquisition and military construction projects, as authorized by the 
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the 
Department of Defense Base Closure Account 2005 established by section 
2906A of such Act, in the amount of $7,138,021,000.

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND 
              REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF 
              DEFENSE BASE CLOSURE ACCOUNT 2005.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for base closure and realignment 
activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) and funded through the Department of Defense Base 
Closure Account 2005 established by section 2906A of such Act, in the 
total amount of $9,065,386,000, as follows:
            (1) For the Department of the Army, $4,486,178,000.
            (2) For the Department of the Navy, $871,492,000.
            (3) For the Department of the Air Force, $1,072,925,000.
            (4) For the Defense Agencies, $2,634,791,000.

        Subtitle B--Amendments to Base Closure and Related Laws

SEC. 2711. REPEAL OF COMMISSION APPROACH FOR DEVELOPMENT OF 
              RECOMMENDATIONS IN ANY FUTURE ROUND OF BASE CLOSURES AND 
              REALIGNMENTS.

    (a) Repeal of Provisions Related to Defense Base Closure and 
Realignment Commission.--Sections 2902, 2903(d), 2912(d), and 2914 of 
the Defense Base Closure and Realignment Act of 1990 (part A of title 
XXIX of Public Law 101-510; 10 U.S.C. 2687 note) are repealed.
    (b) Conforming Amendments.--Section 2903 of the Defense Base 
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 
101-510; 10 U.S.C. 2687 note) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by striking ``and to the 
                Commission'';
                    (B) in paragraph (2), by striking ``and the 
                Commission'';
                    (C) in paragraph (3)(C), by striking ``the 
                Commission and'';
                    (D) in paragraph (5)(A), by striking ``or the 
                Commission''; and
                    (E) by striking paragraph (6); and
            (2) in subsection (e)--
                    (A) in paragraph (1), by striking ``the Commission 
                makes recommendations under subsection (d), transmit to 
                the Commission and to the Congress a report containing 
                the President's approval or disapproval of the 
                Commissions'' and inserting ``the Secretary makes 
                recommendations under subsection (c), transmit to the 
                Congress a report containing the President's approval 
                or disapproval of the Secretary's'';
                    (B) in paragraphs (2), (4), and (5) and the second 
                sentence of paragraph (3), by striking ``the 
                Commission'' each place it appears and inserting ``the 
                Secretary'';
                    (C) in the first sentence of paragraph (3), by 
                striking ``the Commission, in whole or in part, the 
                President shall transmit to the Commission and'' and 
                inserting ``the Secretary, in whole or in part, the 
                President shall transmit to the''.
    (c) Effect of Repeal.--The amendments made by this section do not 
affect the validity of the recommendations submitted by the Defense 
Base Closure and Realignment Commission in the 2005 or earlier rounds 
of closures and realignments of military installations.

SEC. 2712. MODIFICATION OF ANNUAL BASE CLOSURE AND REALIGNMENT 
              REPORTING REQUIREMENTS.

    (a) Termination of Reporting Requirements After Fiscal Year 2014.--
Section 2907 of the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is 
amended--
            (1) by striking ``As part of the budget request for fiscal 
        year 2007 and for each fiscal year thereafter'' and inserting 
        ``(a) Reporting Requirement.--As part of the budget request for 
        fiscal year 2007 and for each fiscal year thereafter through 
        fiscal year 2016''; and
            (2) by adding at the end the following new subsection:
    ``(b) Termination of Reporting Requirements Related to Realignment 
Actions.--The reporting requirements under subsection (a) shall 
terminate with respect to realignment actions after the report 
submitted with the budget for fiscal year 2014.''.
    (b) Exclusion of Descriptions of Realignment Actions.--Subsection 
(a) of such section, as designated and amended by subsection (a)(1) of 
this section, is further amended--
            (1) in paragraph (1), by striking ``and realignment'' both 
        places it appears;
            (2) in paragraph (2), by striking ``and realignments''; and
            (3) in paragraphs (3), (4), (5), (6), and (7), by striking 
        ``or realignment'' each place it appears.

SEC. 2713. TECHNICAL CORRECTIONS REGARDING AUTHORIZED COST AND SCOPE OF 
              WORK VARIATIONS FOR MILITARY CONSTRUCTION AND MILITARY 
              FAMILY HOUSING PROJECTS RELATED TO BASE CLOSURES AND 
              REALIGNMENTS.

    (a) Correction of Citation in Amendatory Language.--
            (1) In general.--Section 2704(a) of the Military 
        Construction Authorization Act for Fiscal Year 2008 (division B 
        of Public Law 110-181; 122 Stat. 532) is amended--
                    (B) in subsection (a), by striking ``Section 
                2905A'' and inserting ``Section 2906A''; and
                    (C) in subsection (b), by striking ``section 
                2905A'' and inserting ``section 2906A''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on January 28, 2008, as if included in the 
        enactment of section 2704 of the Military Construction 
        Authorization Act for Fiscal Year 2008.
    (b) Correction of Scope or Work Variation Limitation.--Subsection 
(f) of section 2906A of the Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), 
as added by section 2704(a) of the Military Construction Authorization 
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 
532) and amended by subsection (a), is amended by striking ``20 percent 
or $2,000,000, whichever is greater'' and inserting ``20 percent or 
$2,000,000, whichever is less''.

                       Subtitle C--Other Matters

SEC. 2721. CONDITIONS ON CLOSURE OF WALTER REED ARMY MEDICAL HOSPITAL 
              AND RELOCATION OF OPERATIONS TO NATIONAL NAVAL MEDICAL 
              CENTER AND FORT BELVOIR.

    (a) Required Certification.--The Secretary of Defense may not 
commence the closure of Walter Reed Army Medical Hospital or continue 
with the construction at the National Naval Medical Center in Bethesda, 
Maryland, and Fort Belvoir, Virginia, of replacement facilities beyond 
the construction necessary to complete the foundations of the 
replacement facilities until--
            (1) the Secretary certifies to the congressional defense 
        committees that each of the conditions imposed by this section 
        has been satisfied; and
            (2) a period of 7 days has expired following the date on 
        which the certification is received by the committees.
    (b) Progress on Design for Replacement Facilities.--
            (1) Preparation.--The Secretary of Defense shall replace 
        the conceptual design prepared for the new National Military 
        Medical Center at the National Naval Medical Center with a 
        design for the facility that is certified as at least 90 
        percent complete by an engineer or architect registered in the 
        State of Maryland.
            (2) Collaborative design process.--The Secretary of Defense 
        may not delegate the responsibility for the preparation of the 
        design for the National Military Medical Center to the prime 
        contractor selected for construction of the facility. The 
        design for the National Military Medical Center shall be 
        prepared through a collaborative process involving--
                    (A) personnel of the Department of Defense;
                    (B) representatives of premier health care 
                facilities in the United States; and
                    (C) current and former patients of the military 
                medical system.
    (c) Independent Cost Estimate.--
            (1) Preparation.--The Cost Analysis Improvement Group of 
        the Department of Defense shall prepare an independent cost 
        estimate of the total cost to be incurred by the United States 
        to close Walter Reed Army Medical Hospital, design and 
        construct replacement facilities at the National Naval Medical 
        Center and Fort Belvoir, and relocate operations to the 
        replacement facilities. In preparing the cost estimate, the 
        Cost Analysis Improvement Group shall not consider the 
        possibility of private funds being obtained to construct the 
        proposed traumatic brain injury treatment facility at the 
        National Naval Medical Center.
            (2) Submission.--The Secretary of Defense shall submit the 
        resulting cost estimate to the congressional defense committees 
        as soon as possible after the date of the enactment of this 
        Act, but in no case later than the date on which the Secretary 
        makes the certification under subsection (a) with regard to 
        compliance with this subsection.
    (d) Milestone Schedule.--
            (1) Preparation.--The Secretary of Defense shall prepare a 
        complete milestone schedule for the closure of Walter Reed Army 
        Medical Hospital, the design and construction of replacement 
        facilities at the National Naval Medical Center and Fort 
        Belvoir, and the relocation of operations to the replacement 
        facilities. The schedule shall include a detailed plan 
        regarding how the Department of Defense will carry out the 
        transition of operations between Walter Reed Army Medical 
        Hospital and the replacement facilities.
            (2) Submission.--The Secretary of Defense shall submit the 
        resulting milestone schedule and transition plan to the 
        congressional defense committees as soon as possible after the 
        date of the enactment of this Act, but in no case later than 
        the date on which the Secretary makes the certification under 
        subsection (a) with regard to compliance with this subsection.

SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES FOR REFINERIES OR 
              NUCLEAR POWER PLANTS.

    Not later than October 1, 2009, the Secretary of Defense shall 
submit to the congressional defense committees a report evaluating the 
feasibility of using military installations selected for closure under 
the base closure and realignment process as locations for the 
construction of petroleum or natural gas refineries or nuclear power 
plants.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Sec. 2801. Incorporation of principles of sustainable design in 
                            documents submitted as part of proposed 
                            military construction projects.
Sec. 2802. Extension of authority to use operation and maintenance 
                            funds for construction projects outside the 
                            United States.
Sec. 2803. Revision of maximum lease amount applicable to certain 
                            domestic Army family housing leases to 
                            reflect previously made annual adjustments 
                            in amount.
Sec. 2804. Use of military family housing constructed under build and 
                            lease authority to house members without 
                            dependents.
Sec. 2805. Lease of military family housing to the Secretary of Defense 
                            for use as residence.
Sec. 2806. Repeal of reporting requirement in connection with 
                            installation vulnerability assessments.
Sec. 2807. Modification of alternative authority for acquisition and 
                            improvement of military housing.
Sec. 2808. Report on capturing housing privatization best practices.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Clarification of exceptions to congressional reporting 
                            requirements for certain real property 
                            transactions.
Sec. 2812. Authority to lease non-excess property of military 
                            departments and Defense Agencies.
Sec. 2813. Modification of utility system conveyance authority.
Sec. 2814. Permanent authority to purchase municipal services for 
                            military installations in the United 
                            States.
Sec. 2815. Defense access roads.
Sec. 2816. Protecting private property rights during Department of 
                            Defense land acquisitions.

           Subtitle C--Provisions Related to Guam Realignment

Sec. 2821. Guam Defense Policy Review Initiative Account.
Sec. 2822. Sense of Congress regarding use of Special Purpose Entities 
                            for military housing related to Guam 
                            realignment.
Sec. 2823. Sense of Congress regarding Federal assistance to Guam.
Sec. 2824. Comptroller General report regarding interagency 
                            requirements related to Guam realignment.
Sec. 2825. Energy and environmental design initiatives in Guam military 
                            construction and installations.
Sec. 2826. Department of Defense Inspector General report regarding 
                            Guam realignment.
Sec. 2827. Eligibility of the Commonwealth of the Northern Mariana 
                            Islands for military base reuse studies and 
                            community planning assistance.
Sec. 2828. Prevailing wage applicable to Guam.

                      Subtitle D--Energy Security

Sec. 2841. Certification of enhanced use leases for energy-related 
                            projects.
Sec. 2842. Annual report on Department of Defense installations energy 
                            management.

                      Subtitle E--Land Conveyances

Sec. 2851. Land conveyance, former Naval Air Station, Alameda, 
                            California.
Sec. 2852. Land conveyance, Norwalk Defense Fuel Supply Point, Norwalk, 
                            California.
Sec. 2853. Land conveyance, former Naval Station, Treasure Island, 
                            California.
Sec. 2854. Condition on lease involving Naval Air Station, Barbers 
                            Point, Hawaii.
Sec. 2855. Land conveyance, Sergeant First Class M.L. Downs Army 
                            Reserve Center, Springfield, Ohio.
Sec. 2856. Land conveyance, John Sevier Range, Knox County, Tennessee.
Sec. 2857. Land conveyance, Bureau of Land Management land, Camp 
                            Williams, Utah.
Sec. 2858. Land conveyance, Army property, Camp Williams, Utah.
Sec. 2859. Extension of Potomac Heritage National Scenic Trail through 
                            Fort Belvoir, Virginia.

                       Subtitle F--Other Matters

Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to 
                            Arlington National Cemetery.
Sec. 2872. Decontamination and use of former bombardment area on island 
                            of Culebra.
Sec. 2873. Acceptance and use of gifts for construction of additional 
                            building at National Museum of the United 
                            States Air Force, Wright-Patterson Air 
                            Force Base.
Sec. 2874. Establishment of memorial to American Rangers at Fort 
                            Belvoir, Virginia.
Sec. 2875. Lease involving pier on Ford Island, Pearl Harbor Naval 
                            Base, Hawaii.
Sec. 2876. Naming of health facility, Fort Rucker, Alabama.

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

SEC. 2801. INCORPORATION OF PRINCIPLES OF SUSTAINABLE DESIGN IN 
              DOCUMENTS SUBMITTED AS PART OF PROPOSED MILITARY 
              CONSTRUCTION PROJECTS.

    (a) Definition of Life-Cycle Cost-Effective.--Subsection (c) of 
section 2801 of title 10, United States Code, is amended--
            (1) by transferring paragraph (4) to appear as the first 
        paragraph in the subsection and redesignating such paragraph as 
        paragraph (1);
            (2) by redesignating the subsequent three paragraphs as 
        paragraphs (2), (4), and (5), respectively; and
            (3) by inserting after paragraph (2), as so redesignated, 
        the following new paragraph:
            ``(3) The term `life-cycle cost-effective', with respect to 
        a project, product, or measure, means that the sum of the 
        present values of investment costs, capital costs, installation 
        costs, energy costs, operating costs, maintenance costs, and 
        replacement costs, as estimated for the lifetime of the 
        project, product, or measure, does not exceed the base case 
        (current or standard) for the practice, product, or measure.''.
    (b) Inclusion.--Section 2802 of such title is amended by adding at 
the end the following new subsection:
    ``(c) In determining the scope of a proposed military construction 
project, the Secretary concerned shall submit to the President such 
recommendations as the Secretary considers to be appropriate regarding 
the incorporation and inclusion of life-cycle cost-effective practices 
as an element in the project documents submitted to Congress in 
connection with the budget submitted pursuant to section 1105 of title 
31 for the fiscal year in which a contract is proposed to be awarded 
for the project.''.

SEC. 2802. EXTENSION OF AUTHORITY TO USE OPERATION AND MAINTENANCE 
              FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED 
              STATES.

    Section 2808(a) of the Military Construction Authorization Act for 
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as 
amended by section 2810 of the Military Construction Authorization Act 
for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 
2128), section 2809 of the Military Construction Authorization Act for 
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3508), 
section 2802 of the Military Construction Authorization Act for Fiscal 
Year 2007 (division B of Public Law 109-364; 120 Stat. 2466), and 
section 2801(a) of the Military Construction Authorization Act for 
Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 538), is 
further amended by striking ``2008'' and inserting ``2009''.

SEC. 2803. REVISION OF MAXIMUM LEASE AMOUNT APPLICABLE TO CERTAIN 
              DOMESTIC ARMY FAMILY HOUSING LEASES TO REFLECT PREVIOUSLY 
              MADE ANNUAL ADJUSTMENTS IN AMOUNT.

    Section 2828(b)(7)(A) of title 10, United States Code, is amended 
by striking ``$18,620 per unit'' and inserting ``$35,000 per unit''.

SEC. 2804. USE OF MILITARY FAMILY HOUSING CONSTRUCTED UNDER BUILD AND 
              LEASE AUTHORITY TO HOUSE MEMBERS WITHOUT DEPENDENTS.

    (a) In General.--Subchapter II of chapter 169 of title 10, United 
States Code, is amended by inserting after section 2835 the following 
new section:
``Sec. 2835a. Use of military family housing constructed under build 
              and lease authority to house other members
    ``(a) Individual Assignment of Members Without Dependents.--(1) To 
the extent that the Secretary concerned determines that military family 
housing constructed and leased under section 2835 of this title is not 
needed to house members of the armed forces eligible for assignment to 
military family housing, the Secretary may assign, without rental 
charge, members without dependents to the housing.
    ``(2) A member without dependents who is assigned to housing 
pursuant to paragraph (1) shall be considered to be assigned to 
quarters pursuant to section 403(e) of title 37.
    ``(b) Conversion to Long-Term Leasing of Military Unaccompanied 
Housing.--(1) If the Secretary concerned determines that military 
family housing constructed and leased under section 2835 of this title 
is excess to the long-term needs of the family housing program of the 
Secretary, the Secretary may convert the lease contract entered into 
under subsection (a) of such section into a long-term lease of military 
unaccompanied housing.
    ``(2) The term of the lease contract for military unaccompanied 
housing converted from military family housing under paragraph (1) may 
not exceed the remaining term of the lease contract for the family 
housing so converted.
    ``(c) Notice and Wait Requirements.--(1) The Secretary concerned 
may not convert military family housing to military unaccompanied 
housing under subsection (b) until--
            ``(A) the Secretary submits to the congressional defense 
        committees a notice of the intent to undertake the conversion; 
        and
            ``(B) a period of 21 days has expired following the date on 
        which the notice is received by the committees or, if earlier, 
        a period of 14 days has expired following the date on which a 
        copy of the notice is provided in an electronic medium pursuant 
        to section 480 of this title.
    ``(2) The notice required by paragraph (1) shall include--
            ``(A) an explanation of the reasons for the conversion of 
        the military family housing to military unaccompanied housing;
            ``(B) a description of the long-term lease to be converted;
            ``(C) amounts to be paid under the lease; and
            ``(D) the expiration date of the lease.
    ``(d) Application to Housing Leased Under Former Authority.--This 
section also shall apply to housing initially acquired or constructed 
under the former section 2828(g) of this title (commonly known as the 
`Build to Lease program'), as added by section 801 of the Military 
Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat 
782).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after the item relating to 
section 2835 the following new item:

``2835a. Use of military family housing constructed under build and 
                            lease authority to house other members.''.

SEC. 2805. LEASE OF MILITARY FAMILY HOUSING TO THE SECRETARY OF DEFENSE 
              FOR USE AS RESIDENCE.

    (a) Lease of Housing Authorized .--Subchapter II of chapter 169 of 
title 10, United States Code, is amended by adding at the end the 
following new section:
``Sec. 2838. Lease of military family housing to the Secretary of 
              Defense for use as residence
    ``(a) Lease Authorized.--The Secretary of a military department may 
lease military family housing in the National Capital Region (as such 
term is defined in section 2674 of this title) to the person serving as 
the Secretary of Defense for the purpose of permitting the person to 
use the housing as a personal residence while the person is serving as 
Secretary of Defense. In determining the unit of military family 
housing to lease under this section, the Secretary of Defense and the 
Secretaries of the military departments should first consider any units 
then available that are already substantially equipped for executive 
communications and security.
    ``(b) Rental Rate.--A lease under subsection (a) of a unit of 
military family housing shall provide for the payment by the person 
serving as the Secretary of Defense of consideration in an amount equal 
to the higher of the following:
            ``(1) 105 percent of the monthly rate for the basic 
        allowance for housing prescribed under section 403(b) of title 
        37 for a member of the armed forces in the pay grade of O-10, 
        with dependents, assigned to duty at the military installation 
        on which the housing unit is located.
            ``(2) The assessed fair market value of the housing unit, 
        offset by the security and infrastructure savings associated 
        with housing the lessee on a military installation.
    ``(c) Treatment of Proceeds.--(1) The Secretary of a military 
department shall deposit all money rentals received pursuant to a lease 
entered into by that Secretary under this section into a special 
account in the Treasury established for such military department.
    ``(2) The proceeds deposited into a special account of a military 
department pursuant to paragraph (1) shall be available to the 
Secretary of that military department, in such amounts as are provided 
in advance in appropriation Acts, for maintenance, protection, 
alteration, repair, improvement, or restoration of military housing on 
the installation at which the housing leased pursuant to subsection (a) 
is located.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``2838. Lease of military family housing to the Secretary of Defense 
                            for use as residence.''.

SEC. 2806. REPEAL OF REPORTING REQUIREMENT IN CONNECTION WITH 
              INSTALLATION VULNERABILITY ASSESSMENTS.

    Section 2859 of title 10, United States Code, is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).

SEC. 2807. MODIFICATION OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND 
              IMPROVEMENT OF MILITARY HOUSING.

    (a) Partnership With Eligible Entity Required.--Section 2871(5) of 
title 10, United States Code, is amended by inserting before the period 
at the end the following: ``that is prepared to enter into a contract 
as a partner with the Secretary concerned for the construction of 
military housing units and ancillary supporting facilities''.
    (b) Bonding Requirements for Eligible Entities.--Section 2872 of 
such title is amended--
            (1) by inserting ``(a) Availability of Alternative 
        Authorities.--'' before ``In addition''; and
            (2) by adding at the end the following new subsection:
    ``(b) Bonding Requirements for Eligible Entities.--The Secretary 
concerned shall ensure that an eligible entity that will acquire or 
construct housing units or ancillary supporting facilities under this 
subchapter is fully bonded for the construction of the units or 
facilities by obtaining payment and performance bonds in an amount not 
less than 100 percent of the maximum price allowable under the contract 
for the overall project.''.
    (c) Competitive Process for Conveyance or Lease of Property.--
Section 2878 of such title is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e); respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Competitive Process.--The Secretary concerned shall ensure 
that the time, method, and terms and conditions of the conveyance or 
lease of property or facilities under this section permit full and free 
competition consistent with the value and nature of the property or 
facilities involved.''.
    (d) Treatment of Acquired or Constructed Housing Units.--
            (1) Repeal of separate assignment authority.--Section 2882 
        of such title is amended to read as follows:
``Sec. 2882. Effect of assignment of members to housing units acquired 
              or constructed under alternative authority
    ``(a) Treatment as Quarters of the United States.--Except as 
provided in subsection (b), housing units acquired or constructed under 
this subchapter shall be considered as quarters of the United States or 
a housing facility under the jurisdiction of a uniformed service for 
purposes of section 403 of title 37.
    ``(b) Availability of Basic Allowance for Housing.--A member of the 
armed forces who is assigned to a housing unit acquired or constructed 
under this subchapter that is not owned or leased by the United States 
shall be entitled to a basic allowance for housing under section 403 of 
title 37.
    ``(c) Lease Payments Through Pay Allotments.--The Secretary 
concerned may require members of the armed forces who lease housing in 
housing units acquired or constructed under this subchapter to make 
lease payments for such housing pursuant to allotments of the pay of 
such members under section 701 of title 37.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter IV of chapter 169 of such title is 
        amended by striking the item relating to section 2882 and 
        inserting the following new item:

``2882. Effect of assignment of members to housing units acquired or 
                            constructed under alternative authority.''.
    (e) Annual Report on Maintenance and Repair to Privatized General 
and Flag Officer Quarters.--Section 2884(b) of such title is amended by 
adding at the end the following new paragraph:
            ``(7) A report identifying each family housing unit 
        acquired or constructed under this subchapter that is used, or 
        intended to be used, as quarters for a general officer or flag 
        officer and for which the total operation, maintenance, and 
        repair costs for the unit exceeded $35,000. For each housing 
        unit so identified, the report shall also include the total of 
        such operation, maintenance, and repair costs.''.

SEC. 2808. REPORT ON CAPTURING HOUSING PRIVATIZATION BEST PRACTICES.

    Section 2884(b) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(7) A separate report on best practices for the execution 
        of housing privatization initiatives, covering the full range 
        of issues that arise throughout the life of the project, from 
        the identification of requirements, through construction, to 
        sustainment of the public private venture following conclusion 
        of the contract. Issues covered by this reporting requirement 
        include project oversight requirements, community, 
        subcontractor, bond holder, and project owner relations, and 
        such other topics that are identified as pertinent by the 
        Department of Defense.''.

        Subtitle B--Real Property and Facilities Administration

SEC. 2811. CLARIFICATION OF EXCEPTIONS TO CONGRESSIONAL REPORTING 
              REQUIREMENTS FOR CERTAIN REAL PROPERTY TRANSACTIONS.

    Section 2662(c) of title 10, United States Code, is amended--
            (1) by striking ``river and harbor projects or flood 
        control projects'' and inserting ``Army civil works water 
        resource development projects''; and
            (2) by striking ``acquisition specifically authorized in a 
        Military Construction Authorization Act'' and inserting 
        ``transaction specifically authorized in a Military 
        Construction Authorization Act or other Act authorizing or 
        directing activities of the Department of Defense''.

SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF MILITARY 
              DEPARTMENTS AND DEFENSE AGENCIES.

    (a) Consolidation of Separate Authorities.--
            (1) Establishment of single authority.--Subsection (a) of 
        section 2667 of title 10, United States Code, is amended to 
        read as follows:
    ``(a) Lease Authority.--Whenever the Secretary concerned considers 
it advantageous to the United States, the Secretary concerned may lease 
to such lessee and upon such terms as the Secretary concerned considers 
will promote the national defense or to be in the public interest, real 
or personal property that--
            ``(1) is under the control of the Secretary concerned;
            ``(2) is not for the time needed for public use; and
            ``(3) is not excess property, as defined by section 102 of 
        title 40.''.
            (2) Secretary concerned defined.--Subsection (i) of such 
        section is amended by adding at the end the following new 
        paragraph:
            ``(4) The term `Secretary concerned' means--
                    ``(A) the Secretary of a military department, with 
                respect to matters concerning that military department; 
                and
                    ``(B) the Secretary of Defense, with respect to 
                matters concerning the Defense Agencies.''.
    (b) Limitation on Duration of Lease.--Subsection (b)(1) of such 
section is amended by inserting ``, but not to exceed 50 years,'' after 
``longer period''.
    (c) Prohibition on Leaseback With Excessive Annual Payments.--
Subsection (b) of such section is amended--
            (1) by striking ``and'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(7) may not provide for a leaseback by the Secretary 
        concerned with an annual payment in excess of $500,000.''.
    (d) Improved Congressional Notification Requirements.--Paragraph 
(4) of subsection (c) of such section is amended to read as follows:
    ``(4)(A) Not later than 30 days before issuing a contract 
solicitation or other lease offering under this section for a lease 
whose annual payment, including any in-kind consideration to be 
accepted under subsection (b)(5) or this subsection, will exceed 
$500,000, the Secretary concerned shall submit to the congressional 
defense committees a report containing--
            ``(i) a description of the proposed lease, including the 
        proposed duration of the lease;
            ``(ii) a description of the authorities to be used in 
        entering the lease and the intended participation of the United 
        States in the lease, including a justification of the intended 
        method of participation;
            ``(iii) a statement of the scored cost of the lease, 
        determined using the scoring criteria of the Office of 
        Management and Budget;
            ``(iv) a determination that the property involved in the 
        lease is not excess property, as required by subsection (a)(3), 
        including the basis for the determination; and
            ``(v) a determination that the lease is directly compatible 
        with the mission of the military installation or Defense Agency 
        whose property is to be subject to the lease and the 
        anticipated long-term use of the property at the conclusion of 
        the lease.
    ``(B) In the case of a lease described in subparagraph (A), the 
Secretary concerned also shall submit to the congressional defense 
committees a report at least 30 days before the date on which the 
Secretary concerned enters into a lease the following information:
            ``(i) A copy of the report submitted under subparagraph 
        (A).
            ``(ii) A description of the differences between the report 
        submitted under that subparagraph and the new report.
            ``(iii) A description of the agreement reached with the 
        local municipality on taxation issues and other development 
        issues related to the proposed project, including payments-in-
        lieu-of taxes.
            ``(iv) A description of the lessee payment required under 
        this section.''.
    (e) Prohibition on Acceptance of In-Kind To Support Certain MWR 
Projects.--Subsection (c) of such section is amended by adding at the 
end the following new paragraph:
    ``(5) The Secretary concerned may not accept in-kind consideration 
under paragraph (1) with respect to a lease under this section to 
support the development of a project for a nonappropriated fund 
activity of the Department of Defense conducted for the morale, 
welfare, and recreation of members of the armed forces if the revenues 
estimated to be generated from the resulting facility would generally 
cover the operating expenses of the facility.''.
    (f) Conforming Amendments to References to Military Departments and 
Installations.--
            (1) Community support facilities and community support 
        services.--Subsection (d) of such section is amended--
                    (A) in paragraph (2), by striking ``Secretary of a 
                military department'' and inserting ``Secretary 
                concerned''; and
                    (B) in paragraphs (3), (4), and (6), by striking 
                ``of the military department'' each place it appears.
            (2) Deposit and use of proceeds.--Subsection (e) of such 
        section is amended--
                    (A) in paragraph (1)(A)--
                            (i) in the matter preceding clause (i)--
                                    (I) by striking ``Secretary of a 
                                military department'' and inserting 
                                ``Secretary concerned''; and
                                    (II) by striking ``such military 
                                department'' and inserting ``that 
                                Secretary'';
                            (ii) in clause (iii), by striking 
                        ``military department'' and inserting 
                        ``Secretary''
                    (B) in paragraph (1)(B)(i), by striking ``Secretary 
                of a military department'' and inserting ``Secretary 
                concerned'';
                    (C) in paragraph (1)(C), by striking ``of a 
                military department pursuant to subparagraph (A) shall 
                be available to the Secretary of that military 
                department'' and inserting ``established for the 
                Secretary concerned shall be available to the 
                Secretary'';
                    (D) in paragraph (1)(D)--
                            (i) by striking ``of a military department 
                        under subparagraph (A)'' and inserting 
                        ``established for the Secretary concerned''; 
                        and
                            (ii) by inserting ``or Defense Agency 
                        location'' after ``military installation'';
                    (E) in paragraph (1)(E), by striking 
                ``installation'' and inserting ``military installation 
                or Defense Agency location''; and
                    (F) in paragraph (3), by striking ``Secretary of a 
                military department'' and inserting ``Secretary 
                concerned''.
            (3) Base closure property.--Subsection (g)(1) of such 
        section is amended by striking ``Secretary of a military 
        department'' and inserting ``Secretary concerned''.
    (g) Repeal of Separate Defense Agency Authority.--
            (1) Repeal.--Section 2667a of such title is repealed.
            (2) Effect on existing contracts.--The repeal of section 
        2667a of title 10, United States Code, shall not affect the 
        validity or terms of any lease with respect to property of a 
        Defense Agency entered into by the Secretary of Defense under 
        such section before the date of the enactment of this Act.
            (3) Treatment of money rents.--Amounts in any special 
        account established for a Defense Agency pursuant to subsection 
        (d) of section 2667a of title 10, United States Code, before 
        repeal of such section by paragraph (1), and amounts that would 
        be deposited in such an account in connection with a lease 
        referred to in paragraph (2), shall--
                    (A) remain available until expended for the 
                purposes specified in such subsection, notwithstanding 
                the repeal of such section by paragraph (1); or
                    (B) to the extent provided in appropriations Acts, 
                be transferred to the special account required for the 
                Secretary of Defense by subsection (e) of section 2667 
                of such title, as amended by subsection (f)(2) of this 
                section.
    (h) Clerical Amendments.--
            (1) Section heading.--The heading of section 2667 of such 
        title is amended to read as follows:
``Sec. 2667. Leases: non-excess property of military departments and 
              Defense Agencies''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 159 of such title is amended by striking 
        the items relating to sections 2667 and 2667a and inserting the 
        following new item:

``2667. Leases: non-excess property of military departments and Defense 
                            Agencies.''.

SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEYANCE AUTHORITY.

    (a) Conveyance of Utility System Infrastructure.--Section 2688 of 
title 10, United States Code, is amended--
            (1) by redesignating subsections (i) and (j) as subsections 
        (j) and (k), respectively; and
            (2) by inserting after subsection (h) the following new 
        subsection (i):
    ``(i) Conveyance of Utility Infrastructure After Privatization of 
Utility System.--(1) The Secretary concerned may convey all right, 
title, and interest of the United States, or such lesser estate as the 
Secretary considers appropriate, in and to utility system 
infrastructure under the jurisdiction of the Secretary to the entity to 
which a utility system has been conveyed under subsection (a) if the 
infrastructure will be used as part of the utility system.
    ``(2) In making a conveyance under paragraph (1), the Secretary 
concerned may use other than competitive procedures. As consideration 
for the conveyance, the Secretary concerned shall receive an amount 
equal to the fair market value of the conveyed utility infrastructure, 
determined in the same manner as the consideration the Secretary could 
require under subsection (c) for the conveyance of a utility system 
under subsection (a).''.
    (b) Assistance for Construction, Repair, or Replacement of Utility 
Infrastructure.--Subsection (h) of such section is amended--
            (1) in the subsection heading, by striking ``Systems.--'' 
        and inserting ``Systems or Infrastructure.--(1)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) In lieu of carrying out a military construction project to 
construct, repair, or replace utility infrastructure to be used with a 
utility system conveyed under subsection (a), the Secretary concerned 
may provide, from amounts authorized and appropriated for the project 
for fiscal year 2009 or subsequent fiscal years, funds to the entity to 
which the utility system has been conveyed for use by the entity to 
construct, repair, or replace the utility infrastructure if the 
infrastructure will be used as part of the utility system. As 
consideration for the provision of such funds, the Secretary may 
require a reduction in charges for utility services in the same manner 
as a reduction in charges may be required under subsection (c) for the 
conveyance of a utility system under subsection (a).''.

SEC. 2814. PERMANENT AUTHORITY TO PURCHASE MUNICIPAL SERVICES FOR 
              MILITARY INSTALLATIONS IN THE UNITED STATES.

    (a) Permanent Authority.--Chapter 146 of title 10, United States 
Code, is amended by inserting after section 2465 the following new 
section:
``Sec. 2465a. Contracts for procurement of municipal services for 
              military installations in the United States
    ``(a) Contract Authority.--Subject to section 2465 of this title, 
the Secretary a military department may enter into a contract for the 
procurement of municipal services described in subsection (b) for a 
military installation in the United States under the jurisdiction of 
the Secretary from a county or municipal government for the geographic 
area in which the installation is located.
    ``(b) Covered Municipal Services.--Only the following municipal 
services may be procured for a military installation under the 
authority of this section:
            ``(1) Refuse collection.
            ``(2) Refuse disposal.
    ``(c) Exception From Competitive Procedures.--The Secretary may 
enter in a contract under subsection (a) using procedures other than 
competitive procedures if--
            ``(1) the term of the proposed contract does not exceed 
        five years;
            ``(2) the Secretary determines that the price for the 
        municipal services to be provided under the contract is fair 
        and reasonable and represents the least cost to the Federal 
        Government; and
            ``(3) the business case supporting the Secretary's 
        determination under paragraph (2)--
                    ``(A) describes the availability, benefits, and 
                drawbacks of alternative sources; and
                    ``(B) establishes that performance by the county or 
                municipal government will not increase costs to the 
                Federal government, when compared to the cost of 
                continued performance by the current provider of the 
                services.
    ``(d) Limitation on Delegation.--The authority to make the 
determination described in subsection (c)(2) may not be delegated to a 
level lower than a Deputy Assistant Secretary for Installations and 
Environment or another official of the Department of Defense at an 
equivalent level.
    ``(e) Congressional Notification.--The Secretary may not enter into 
a contract under subsection (a) for the procurement of municipal 
services until the Secretary notifies the congressional defense 
committees of the proposed contract and a period of 14 days elapses 
from the date the notification is received by the committees. The 
notification shall include a summary of the business case and an 
explanation of how the adverse impact, if any, on civilian employees of 
the Department will be minimized.
    ``(f) Guidance.--The Secretary of Defense shall issue guidance to 
address the implementation of this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2465 the following new item:

``2465a. Contracts for purchase of municipal services for military 
                            installations in the United States.''.
    (c) Termination of Pilot Program.--Section 325 of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108-375; 10 U.S.C. 2461 note) is repealed. The repeal of such 
section shall not affect the terms or validity of any contract entered 
into before the date of the enactment of this Act under the pilot 
program authorized by such section.

SEC. 2815. DEFENSE ACCESS ROADS.

    (a) Basis for Transportation Needs Assessment.--Section 210(a) of 
title 23, United States Code, is amended--
            (1) by striking ``(a)'' and inserting ``(a)(1)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) If it is determined that an action of the Department of 
Defense will cause a significant transportation impact to access to a 
military reservation, the Secretary of Defense shall conduct a 
transportation needs assessment to assess the magnitude of the 
improvement required to address the impact.''.
    (b) Report on Recently Identified Transportation Impacts.--Not 
later than April 1, 2009, the Secretary of Defense shall submit to the 
congressional defense committees and the Committee on Transportation 
and Infrastructure of the House of Representatives a report that 
details the significant transportation impacts resulting from actions 
of the Department of Defense since January 1, 2005. In the report, the 
Secretary shall assess the funding requirements necessary to address 
transportation needs resulting from these significant transportation 
impacts.

SEC. 2816. PROTECTING PRIVATE PROPERTY RIGHTS DURING DEPARTMENT OF 
              DEFENSE LAND ACQUISITIONS.

    (a) Protection of Private Property.--The Secretary of Defense and 
the Secretaries of the military departments shall make every reasonable 
effort to acquire real property expeditiously by negotiation. Real 
property offered shall meet the requirements of Secretary-approved real 
property acquisition plans.
    (b) Willing Sellers.--The Secretary of Defense or the Secretary of 
a military department shall not be precluded from acquiring real 
property from willing sellers so long as the real property offered meet 
the requirements of Secretary-approved real property acquisition plans

           Subtitle C--Provisions Related to Guam Realignment

SEC. 2821. GUAM DEFENSE POLICY REVIEW INITIATIVE ACCOUNT.

    (a) Establishment of Account.--There is established on the books of 
the Treasury an account to be known as the ``Guam Defense Policy Review 
Initiative Account'' (in this section referred to as the ``account'').
    (b) Credits to Account.--
            (1) Amounts in fund.--There shall be credited to the 
        account all contributions received during fiscal year 2009 and 
        subsequent fiscal years under section 2350k of title 10, United 
        States Code, for the realignment of military installations and 
        the relocation of military personnel on Guam.
            (2) Notice of receipt of contributions.--The Secretary of 
        Defense shall submit to the congressional defense committees 
        written notice of the receipt of contributions referred to in 
        paragraph (1), including the amount of the contributions, not 
        later than 30 days after receiving the contributions.
    (c) Use of Account.--
            (1) Authorized uses.--Subject to paragraph (2), to the 
        extent provided in advance in appropriations Acts, amounts in 
        the account may be used as follows:
                    (A) To carry out or facilitate the carrying out of 
                a transaction authorized by this section in connection 
                with the realignment of military installations and the 
                relocation of military personnel on Guam, including 
                military construction, military family housing, 
                unaccompanied housing, general facilities constructions 
                for military forces, and utilities improvements.
                    (B) To carry out improvements of property or 
                facilities on Guam as part of such a transaction.
                    (C) To obtain property support services for 
                property or facilities on Guam resulting from such a 
                transaction.
                    (D) To develop military facilities or training 
                ranges in the Commonwealth of the Northern Mariana 
                Islands.
            (2) Compliance with guam master plan.--Transactions 
        authorized by paragraph (1) shall be consistent with the Guam 
        Master Plan, as incorporated in decisions made in the manner 
        provided in section 102 of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4332).
            (3) Limitation regarding military housing.--To extent that 
        the authorities provided under subchapter IV of chapter 169 of 
        title 10, United States Code, are available to the Secretary of 
        Defense, the Secretary shall use such authorities to acquire, 
        construct, or improve family housing units, military 
        unaccompanied housing units, or ancillary supporting facilities 
        in connection with the relocation of military personnel on 
        Guam.
            (4) Special requirements regarding use of contributions.--
                    (A) Treatment of contributions.--Except as provided 
                in subparagraph (C), the use of contributions referred 
                to in subsection (b)(1) shall not subject to conditions 
                imposed on the use of appropriated funds by chapter 169 
                of title 10, United States Code, or contained in annual 
                military construction appropriations Acts.
                    (B) Notice of obligation.--Contributions referred 
                to in subsection (b)(1) may not be obligated for a 
                transaction authorized by paragraph (1) until the 
                Secretary of Defense submits to the congressional 
                defense committees notice of the transaction, including 
                a detailed cost estimate, and a period of 21 days has 
                elapsed after the date on which the notification is 
                received by the committees or, if earlier, a period of 
                14 days has elapsed after the date on which a copy of 
                the notification is provided in an electronic medium.
                    (C) Cost and scope of work variations.--Section 
                2853 of title 10, United States Code, shall apply to 
                the use of contributions referred to in subsection 
                (b)(1).
                    (D) Compliance with wage rate requirements.--
                Subchapter IV of chapter 31 of title 40, United States 
                Code, shall apply to the use of contributions referred 
                to in subsection (b)(1).
    (d) Transfer Authority.--
            (1) Transfer to housing funds.--The Secretary of Defense 
        may transfer funds from the Guam Defense Policy Review 
        Initiative Account to the following funds:
                    (A) The Department of Defense Family Housing 
                Improvement Fund established by section 2883(a)(1) of 
                title 10, United States Code.
                    (B) The Department of Defense Military 
                Unaccompanied Housing Improvement Fund established by 
                section 2883(a)(2) of such title.
            (2) Treatment of transferred amounts.--Amounts transferred 
        under paragraph (1) to a fund referred to in that paragraph 
        shall be available in accordance with the provisions of section 
        2883 of title 10, United States Code for activities on Guam 
        authorized under subchapter IV of chapter 169 of such title.
    (e) Report Regarding Guam Military Construction.--Not later than 
February 15 of each year, the Secretary of Defense shall submit to 
Congress a report containing information on each military construction 
project included in the budget submission for the next fiscal year 
related to the realignment of military installations and the relocation 
of military personnel on Guam. The Secretary shall present the 
information in manner consistent with the presentation of projects in 
the military construction accounts for each of the military departments 
in the budget submission. The report shall also include projects 
associated with the realignment of military installations and 
relocation of military personnel on Guam that are included in the 
future-years defense program pursuant to section 221 of title 10, 
United States Code.

SEC. 2822. SENSE OF CONGRESS REGARDING USE OF SPECIAL PURPOSE ENTITIES 
              FOR MILITARY HOUSING RELATED TO GUAM REALIGNMENT.

    (a) Nature of Special Purpose Entities.--It is the sense of 
Congress that any Special Purpose Entity established to assist in the 
provision of military family housing in connection with the realignment 
of military installations and the relocation of military personnel on 
Guam should--
            (1) be operated, to the extent practicable, in the manner 
        provided for public-private ventures under subchapter IV of 
        chapter 169 of title 10, United States Code; and
            (2) be conducted as joint ventures between Japanese and 
        United States private firms, except that any military family 
        housing venture carried out by such a joint venture should be 
        primarily managed by a United States private firm.
    (b) Scope of Activities.--It is the sense of Congress that funding 
for such a Special Purpose Entity should not be limited to only utility 
improvements and the construction of military family housing in 
connection with the realignment of military installations and the 
relocation of military personnel on Guam.
    (c) Utility Infrastructure Improvements.--It is the sense of 
Congress that funding for such a Special Purpose Entity should support 
proposed utility infrastructure improvements on Guam that incorporate 
the civilian and military infrastructure into a single grid to realize 
and maximize the effectiveness of the overall utility system.
    (d) Military Family Housing.--It is the sense of Congress that the 
building requirements imposed for any military family housing 
constructed by such a Special Purpose Entity in connection with the 
realignment of military installations and the relocation of military 
personnel on Guam should be established by the Department of Defense in 
accordance with current building standards that are used with other 
projects.
    (e) Special Purpose Entity Defined.--In this section, the term 
``Special Purpose Entity'' means a wholly independent entity 
established for a specific and limited purpose to facilitate the 
realignment of military installations and the relocation of military 
personnel on Guam.

SEC. 2823. SENSE OF CONGRESS REGARDING FEDERAL ASSISTANCE TO GUAM.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense, in coordination with the Interagency Group on 
Insular Areas, should enter into a memorandum of understanding with the 
Government of Guam to identify, before the realignment of military 
installations and the relocation of military personnel on Guam, local 
funding requirements for civilian infrastructure development and other 
needs related to the realignment and relocation. The memorandum of 
understanding would stipulate the commitment of Federal agencies to 
assist the Government of Guam in carrying out the Guam realignment in a 
responsible and consistent manner.
    (b) Interagency Group on Insular Areas Defined.--In this section, 
the term ``Interagency Group on Insular Areas'' means the interagency 
group established by Executive Order No. 13299 of May 12, 2003 (68 Fed. 
Reg. 25477; 48 U.S.C. note prec. 1451). The term includes any sub-group 
or working group of that interagency group.

SEC. 2824. COMPTROLLER GENERAL REPORT REGARDING INTERAGENCY 
              REQUIREMENTS RELATED TO GUAM REALIGNMENT.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to Congress 
a report on the status of interagency coordination through the 
Interagency Group on Insular Areas of budgetary requests to assist the 
Government of Guam with its budgetary requirements related to the 
realignment of military forces on Guam. The report shall address to 
what extent and how the Interagency Group on Insular Areas will be able 
to coordinate interagency budgets so the realignment of military forces 
on Guam will meet the 2014 completion date as stipulated in the May 
2006 security agreement between the United States and Japan.
    (b) Interagency Group on Insular Areas Defined.--In this section, 
the term ``Interagency Group on Insular Areas'' means the interagency 
group established by Executive Order No. 13299 of May 12, 2003 (68 Fed. 
Reg. 25477; 48 U.S.C. note prec. 1451). The term includes any sub-group 
or working group of that interagency group.

SEC. 2825. ENERGY AND ENVIRONMENTAL DESIGN INITIATIVES IN GUAM MILITARY 
              CONSTRUCTION AND INSTALLATIONS.

    (a) Leadership in Energy and Environmental Design Principles.--With 
respect to all new military construction projects on Guam and military 
housing to be constructed on Guam related to the realignment of 
military forces on Guam, the Secretary of Defense shall require the 
incorporation of design criteria promulgated in the Leadership in 
Energy and Environmental Design Green Building Rating System, as 
developed by the United States Green Building Council, to achieve not 
less than the silver standard. This requirement shall apply regardless 
of the source of funds for the project.
    (b) Renewable Energy Goal.--The Secretary of Defense shall 
establish a goal for the use of renewable energy sources on all 
military installations on Guam. Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit to the 
congressional defense committees a report containing the plan of the 
Secretary to achieve the renewable energy goal. The report shall 
identify the renewable sources of energy that will be utilized and 
describe how the renewable sources will be utilized and installed at 
military installations on Guam.

SEC. 2826. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REPORT REGARDING 
              GUAM REALIGNMENT.

    Not later than 180 days after the date of the enactment of this 
Act, the Inspector General of the Department of Defense shall submit to 
the congressional defense committees a report on the efforts of the 
Inspector General to address potential waste and fraud associated with 
the realignment of military forces on Guam.

SEC. 2827. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA 
              ISLANDS FOR MILITARY BASE REUSE STUDIES AND COMMUNITY 
              PLANNING ASSISTANCE.

    (a) Inclusion in Definition of Military Installation.--Section 
2687(e)(1) of title 10, United States Code, is amended by inserting 
after ``Virgin Islands,'' the following: ``the Commonwealth of the 
Northern Mariana Islands,''.
    (b) Inclusion of Facilities Owned and Operated by Commonwealth.--
Section 2391(d)(1) of title 10, United States Code, is amended by 
inserting after ``Guam,'' the following: ``the Commonwealth of the 
Northern Mariana Islands,''.

SEC. 2828. PREVAILING WAGE APPLICABLE TO GUAM.

    (a) In General.--Subchapter I of chapter 169 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 2816. Application of prevailing wage for construction on Guam
    ``Subchapter IV of chapter 31 of title 40, United States Code, 
shall apply to any military construction authorized under this chapter 
of any facilities on Guam. In order to carry out the requirements of 
this section, the Secretary of Labor shall have the authority and 
functions set forth in Reorganization Plan Number 14 of 1950 and 
section 3145 of title 40, United States Code.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``2816. Application of prevailing wage for construction on Guam.''.

                      Subtitle D--Energy Security

SEC. 2841. CERTIFICATION OF ENHANCED USE LEASES FOR ENERGY-RELATED 
              PROJECTS.

    Section 2667(h) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(5) If a proposed lease under subsection (a) involves a project 
related to energy production and the term of the lease exceeds 20 
years, the Secretary concerned may not enter into the lease until at 
least 30 days after the date on which the Secretary of Defense submits 
to the congressional defense committees a certification that the lease 
is consistent with the Department of Defense performance goals and plan 
required by section 2911 of this title.''.

SEC. 2842. ANNUAL REPORT ON DEPARTMENT OF DEFENSE INSTALLATIONS ENERGY 
              MANAGEMENT.

    Section 2925(a) of title 10, United States Code, is amended--
            (1) by striking the subsection heading and inserting the 
        following: ``Annual Report Related to Installations Energy 
        Management.--''
            (2) in paragraph (1), by inserting ``, the Energy 
        Independence and Security Act of 2007 (Public Law 110-140),'' 
        after ``58)''; and
            (3) by adding at the end the following new paragraph:
            ``(6) A description and estimate of the progress made by 
        the military departments to meet the certification requirements 
        for sustainable green-building standards in construction and 
        major renovations.''.

                      Subtitle E--Land Conveyances

SEC. 2851. LAND CONVEYANCE, FORMER NAVAL AIR STATION, ALAMEDA, 
              CALIFORNIA.

    (a) Conveyance Required.--The Secretary of the Navy shall convey to 
the redevelopment authority for the former Naval Air Station Alameda, 
California (in this section referred to as the ``redevelopment 
authority''), all right, title and interest of the United States in and 
to the real and personal property comprising Naval Air Station Alameda, 
except those parcels identified for public benefit conveyance and 
certain surplus lands at the Naval Air Station Alameda described in the 
Federal Register on November 5, 2007. In this section, the real and 
personal property to be conveyed under this section is referred to as 
the ``NAS Property''.
    (b) Multiple Conveyances.--The conveyance of the NAS Property may 
be conducted through multiple parcel transfers.
    (c) Consideration Options.--As consideration for the conveyance of 
the NAS Property under subsection (a), the Secretary of the Navy and 
the redevelopment authority shall agree upon one of the following 
options:
            (1) Not later than nine months after the date of the 
        enactment of this Act, the redevelopment authority shall accept 
        the consideration terms described in the document negotiated 
        between the redevelopment authority and the Secretary of the 
        Navy known as the draft ``Summary of Acquisition Terms and 
        Conditions'' and dated September 18, 2006, as such language may 
        be amended, with value to be determined for the portion of the 
        NAS Property known as Parcel 3, and subsequently make payments 
        to the Secretary in accordance with such document.
            (2)(A) The redevelopment authority shall ensure that the 
        entity that acquires title to the NAS Property for development 
        (in this paragraph referred to as the ``development entity'') 
        submits to the Secretary of the Navy a down payment of 
        $10,000,000 dollars at the time the initial portion of the NAS 
        Property is conveyed to the development entity.
            (B) In addition, the redevelopment entity shall submit to 
        the Secretary 12 percent of all gross residential and 
        commercial building sales to the first bona-fide, arms-length 
        third-party buyer, whether as new construction or the sale of 
        rehabilitated existing structures. In the event that the 
        development entity transfers all or any portion of the NAS 
        Property to a third party, including any subsidiaries, before 
        the completion of new or rehabilitated construction, the 
        development entity shall satisfy the payment requirement as 
        prescribed in this paragraph at such time as the NAS Property 
        is conveyed to a bona-fide, arms-length third-party buyer. This 
        obligation shall not apply to the sale of any buildings on land 
        held in the public trust by the State of California or sales of 
        land or buildings for the purposes of constructing or otherwise 
        providing affordable housing, as determined by the Secretary.
            (3)(A) The redevelopment authority shall submit 80 percent 
        of the gross proceeds received by the redevelopment authority 
        from the redevelopment authority's competitive solicitation of 
        any portion of the NAS Property not encumbered by the public 
        trust.
            (B) To comply with this paragraph, the redevelopment 
        authority shall--
                    (i) prepare, for review and approval by the 
                Secretary of the Navy, commercially reasonable 
                solicitation materials consisting of a request for 
                qualifications and a request for proposals for the 
                conveyance or lease of the NAS Property, as 
                appropriate, in accordance with established contract 
                principles, and such approval by the Secretary shall 
                not be unreasonably withheld; and
                    (ii) pay to the Secretary the required share of 
                monies received by the redevelopment authority by 
                reason of any contract or agreement executed as a 
                result of the solicitation.
    (d) Existing Uses.--During the three-year period beginning on the 
date on which the first conveyance under this section is made, the 
redevelopment authority shall make reasonable efforts to accommodate 
the continued use by the United States of those portions of the NAS 
Property covered by a request for Federal Land Transfer so long as the 
accommodation of such use is at no cost or expense to the redevelopment 
authority. Such accommodations shall provide adequate protection for 
the endangered California Least Tern in accordance with the 
requirements of the existing Biological Opinion for Naval Air Station 
Alameda dated March 22, 1999, and any future amendments to the 
Biological Opinion.
    (e) Remediation.--The Secretary of the Navy shall, to the extent 
practicable, remediate the NAS Property to the standard included by the 
Secretary and the redevelopment authority in the document referred to 
in subsection (c)(1).
    (f) Savings Provision.--Nothing in this section shall be construed 
to affect or limit the application of, or any obligation to comply 
with, any environmental law, including the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
    (g) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under this section 
shall be determined by a survey satisfactory to the Department.
    (h) Master Lease.--The Lease in Furtherance of Conveyance, dated 
June 2000, as amended, between the Secretary of the Navy and the 
redevelopment authority shall remain in full force and effect until 
conveyance of the NAS Property in accordance with this section, and a 
lease amendment recognizing this section shall be offered by the 
Secretary.
    (i) Treatment of Amounts Received.--Amounts received by the United 
States under this section shall be credited to the fund or account 
intended to receive proceeds from the disposal of the NAS Property 
pursuant to the Defense Base Closure and Realignment Act of 1990 (part 
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
    (j) Additional Terms and Conditions.--The Secretary of the Navy may 
require such additional terms and conditions in connection with the 
conveyance under subsections (a) as the Secretary considers appropriate 
to protect the interests of the United States.

SEC. 2852. LAND CONVEYANCE, NORWALK DEFENSE FUEL SUPPLY POINT, NORWALK, 
              CALIFORNIA.

    (a) Conveyance Authorized.--The Secretary of the Air Force may 
convey, without consideration, to the City of Norwalk, California (in 
this section referred to as the ``City''), all right, title, and 
interest of the United States in and to a parcel of real property, 
including improvements thereon, consisting of approximately 10 acres of 
the Norwalk Defense Fuel Supply Point in Norwalk, California, for the 
purpose of permitting the City to utilize the property for recreational 
purposes as an addition to the adjacent Holifield Park. In connection 
with the conveyance, the Secretary may make a payment to the City to 
assist the City in making municipal upgrades in the vicinity of the 
Norwalk Defense Fuel Supply Point.
    (b) Environmental Remediation.--The Secretary shall manage and 
carry out environmental remediation activities with respect to the 
property to be conveyed under subsection (a) that, at a minimum, 
achieve the standard sufficient to allow the property to be used for 
the purposes specified in such subsection. The Secretary shall endeavor 
to enter into an agreement with the holder of an easement on the 
property to ensure that the easement holder participates in the 
remediation of the property.
    (c) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (d) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the City 
        to cover costs to be incurred by the Secretary, or to reimburse 
        the Secretary for costs incurred by the Secretary, to carry out 
        the conveyance under subsection (a), including survey costs, 
        costs related to environmental documentation, and other 
        administrative costs related to the conveyance. If amounts are 
        collected from the City in advance of the Secretary incurring 
        the actual costs, and the amount collected exceeds the costs 
        actually incurred by the Secretary to carry out the conveyance, 
        the Secretary shall refund the excess amount to the City.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursements under paragraph (1) shall be credited to the 
        fund or account that was used to cover the costs incurred by 
        the Secretary in carrying out the conveyance. Amounts so 
        credited shall be merged with amounts in such fund or account 
        and shall be available for the same purposes, and subject to 
        the same conditions and limitations, as amounts in such fund or 
        account.
    (e) Savings Provision.--Nothing in this section shall be construed 
to affect or limit the application of, or any obligation to comply 
with, any environmental law, including the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
    (f) Additional Term and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
subsection (a) as the Secretary considers appropriate to protect the 
interests of the United States.

SEC. 2853. LAND CONVEYANCE, FORMER NAVAL STATION, TREASURE ISLAND, 
              CALIFORNIA.

    (a) Conveyance Authorized.--The Secretary of the Navy shall convey 
to the redevelopment authority for former Naval Station, Treasure 
Island, California (in this section referred to as the ``redevelopment 
authority''), all right, title, and interest of the United States in 
and to a parcel of real property consisting of those portions of the 
former Naval Station still retained by the Navy as of the date of the 
enactment of this Act and personal property and related utilities and 
improvements thereon.
    (b) Consideration.--As consideration for the conveyance of the 
property under subsection (a), the Secretary and the redevelopment 
authority shall agree upon at least one of the following options:
            (1) Subject to subsection (c), the redevelopment authority 
        shall assume the remaining obligations of the Department of 
        Defense to address releases or threatened releases of hazardous 
        substances and petroleum and its constituents, to the extent 
        necessary to obtain regulatory closure from relevant California 
        and Federal environmental regulatory agencies, including a 
        CERCLA covenant deferral by the Governor of the State of 
        California.
            (2) The redevelopment authority shall pay the United States 
        a share of the gross revenues that the redevelopment authority 
        receives from third-party buyers or lessees from sales and 
        long-term leases of the conveyed property.
    (c) Environmental Remediation Exceptions.--Under the consideration 
option provided by subsection (b)(1), the redevelopment authority shall 
not be required to accept any responsibility for--
            (1) ordnance, explosives, munitions or similar devices or 
        materials located on the conveyed property;
            (2) radiological materials located on the conveyed 
        property, where those materials were not identified before the 
        conveyance under subsection (a) and were authorized to remain 
        in place subject to the establishment of institutional controls 
        enforced by a covenant with the California Department of Toxic 
        Substances Control and deed restrictions to the property 
        recipient;
            (3) chemical or biological weapons or constituents thereof 
        located on the conveyed property; and
            (4) releases of hazardous substances and petroleum and its 
        constituents located on the conveyed property, if the release 
        of the hazardous substances or petroleum and its constituents 
        was not discovered at the time of the conveyance and the costs 
        of remediation of such unknown releases is not covered by 
        environmental insurance procured by or benefitting the 
        redevelopment authority.
    (d) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the 
        redevelopment authority to cover costs to be incurred by the 
        Secretary, or to reimburse the Secretary for costs incurred by 
        the Secretary, to carry out the conveyance under subsection 
        (a), including survey costs, appraisal costs, and other costs 
        related to the conveyance. If amounts are collected from the 
        redevelopment authority in advance of the Secretary incurring 
        the actual costs, and the amount collected exceeds the costs 
        actually incurred by the Secretary to carry out the conveyance, 
        the Secretary shall refund the excess amount to the 
        redevelopment authority.
            (2) Treatment of amounts received.--Amounts received under 
        paragraph (1) as reimbursement for costs incurred by the 
        Secretary to carry out the conveyance under subsection (a), and 
        not refunded under such paragraph, shall be--
                    (A) counted toward the consideration otherwise 
                required from the redevelopment authority under 
                subsection (b); and
                    (B) credited to the fund or account that was used 
                to cover the costs incurred by the Secretary in 
                carrying out the conveyance.
            (3) Use of amounts received.--Amounts credited to a fund or 
        account under paragraph (2)(B) shall be merged with amounts in 
        the fund or account and shall be available for the same 
        purposes, and subject to the same conditions and limitations, 
        as amounts in such fund or account.
    (e) Savings Provision.--Nothing in this section shall be construed 
to affect or limit the application of, or any obligation to comply 
with, any environmental law, including the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
    (f) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (g) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsections (a) as the Secretary considers appropriate to protect 
the interests of the United States, so long as such additional terms 
and conditions do not materially change the terms and conditions of 
this section, including the consideration to be provided the United 
States under subsection (b).

SEC. 2854. CONDITION ON LEASE INVOLVING NAVAL AIR STATION, BARBERS 
              POINT, HAWAII.

    As a condition of any lease executed by the Secretary of the Navy 
pursuant to section 2843 of the Military Construction Authorization Act 
for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2482) 
with Ford Island Properties/Hunt Development involving the former Naval 
Air Station, Barbers Point, Hawaii, the Secretary of the Navy shall 
require that Ford Island Properties/Hunt Development enter into a 
memorandum of understanding with the Hawaii Community Development 
Authority to ensure that the development plan for the real property 
covered by the lease conforms with the final Kalaeloa Master Plan and 
appropriate land use controls of the Hawaii Community Development 
Authority.

SEC. 2855. LAND CONVEYANCE, SERGEANT FIRST CLASS M.L. DOWNS ARMY 
              RESERVE CENTER, SPRINGFIELD, OHIO.

    (a) Conveyance Authorized.--At such time as the Army Reserve 
vacates the Sergeant First Class M.L. Downs Army Reserve Center at 1515 
West High Street in Springfield, Ohio, the Secretary of the Army may 
convey, without consideration, to the City of Springfield, Ohio (in 
this section referred to as the ``City''), all right, title, and 
interest of the United States in and to the parcel of real property, 
including improvements thereon, containing the Reserve Center for the 
purpose of permitting the City to utilize the property for municipal 
government activities.
    (b) Reversionary Interest.--If the Secretary determines at any time 
that the real property conveyed under subsection (a) is not being used 
in accordance with the purpose of the conveyance, all right, title, and 
interest in and to such real property, including any improvements and 
appurtenant easements thereto, shall, at the option of the Secretary, 
revert to and become the property of the United States, and the United 
States shall have the right of immediate entry onto such real property. 
A determination by the Secretary under this subsection shall be made on 
the record after an opportunity for a hearing.
    (c) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (d) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the City 
        to cover costs to be incurred by the Secretary, or to reimburse 
        the Secretary for costs incurred by the Secretary, to carry out 
        the conveyance under subsection (a), including survey costs, 
        costs related to environmental documentation, and other 
        administrative costs related to the conveyance. If amounts are 
        collected from the City in advance of the Secretary incurring 
        the actual costs, and the amount collected exceeds the costs 
        actually incurred by the Secretary to carry out the conveyance, 
        the Secretary shall refund the excess amount to the City.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursements under paragraph (1) shall be credited to the 
        fund or account that was used to cover the costs incurred by 
        the Secretary in carrying out the conveyance. Amounts so 
        credited shall be merged with amounts in such fund or account 
        and shall be available for the same purposes, and subject to 
        the same conditions and limitations, as amounts in such fund or 
        account.
    (e) Additional Term and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
subsection (a) as the Secretary considers appropriate to protect the 
interests of the United States.

SEC. 2856. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX COUNTY, TENNESSEE.

    (a) Conveyance Authorization.--The Secretary of the Army may 
convey, without consideration, to the State of Tennessee all right, 
title, and interest of the United States in and to a parcel of real 
property, including any improvements thereon and appurtenant easements 
thereto, consisting of approximately 124 acres known as the John Sevier 
Range in Knox County, Tennessee, if the State agrees to use such real 
property as a public firing range and for associated recreational 
activities.
    (b) Reversionary Interest.--If the Secretary determines at any time 
that the real property conveyed under subsection (a) is not being used 
in accordance with the terms of the conveyance, all right, title, and 
interest in and to such real property, including any improvements and 
appurtenant easements thereto, shall, at the option of the Secretary, 
revert to and become the property of the United States, and the United 
States shall have the right of immediate entry onto such real property. 
A determination by the Secretary under this subsection shall be made on 
the record after an opportunity for a hearing.
    (c) Administrative Expenses.--In accordance with section 2695 of 
title 10, United State Code, the Secretary may accept amounts provided 
by the State to cover administrative expenses incurred by the Secretary 
with respect to the conveyance authorized under subsection (a), 
including survey expenses, expenses related to environmental 
documentation, and other administrative expenses related to such 
conveyance. Such amounts shall be credited, pursuant to subsection (c) 
of section 2695 of such title, to the appropriation, fund, or account 
from which such expenses were paid. If amounts are collected from the 
State in advance of the Secretary incurring such expenses, and the 
amount collected exceeds the expenses actually incurred by the 
Secretary, the Secretary shall refund the excess amount to the State.
    (d) Description of Property.--The exact acreage and legal 
description of the real property authorized to be conveyed under 
subsection (a) shall be determined by a survey satisfactory to the 
Secretary and the State.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
authorized under subsection (a) as the Secretary considers appropriate 
to protect the interests of the United States.

SEC. 2857. LAND CONVEYANCE, BUREAU OF LAND MANAGEMENT LAND, CAMP 
              WILLIAMS, UTAH.

    (a) Conveyance Required.--Not later than 120 days after the date of 
the enactment of this Act, the Secretary of the Interior, acting 
through the Bureau of Land Management, shall convey, without 
consideration, to the State of Utah all right, title, and interest of 
the United States in and to certain lands comprising approximately 431 
acres, as generally depicted on a map entitled ``Proposed Camp Williams 
Land Transfer'' and dated March 7, 2008, which are located within the 
boundaries of the public lands currently withdrawn for military use by 
the Utah National Guard and known as Camp Williams, Utah, for the 
purpose of permitting the Utah National Guard to use the conveyed land 
as provided in subsection (c).
    (b) Revocation of Executive Order.--Executive Order No. 1922 of 
April 24, 1914, as amended by section 907 of the Camp W.G. Williams 
Land Exchange Act of 1989 (title IX of Public Law 101-628; 104 Stat. 
4501), shall be revoked, only insofar as it affects the lands 
identified for conveyance to the State of Utah under subsection (a).
    (c) Reversionary Interest.--The lands conveyed to the State of Utah 
under subsection (a) shall revert to the United States if the Secretary 
of the Interior determines that the land, or any portion thereof, is 
sold or attempted to be sold, or that the land, or any portion thereof, 
is used for non-National Guard or non-national defense purposes. Any 
determination by the Secretary of the Interior under this subsection 
shall be made in consultation with the Secretary of Defense and the 
Governor of Utah and on the record after an opportunity for comment.
    (d) Hazardous Materials.--With respect to any portion of the land 
conveyed under subsection (a) that the Secretary of the Interior 
determines is subject to reversion under subsection (c), if the 
Secretary of the Interior also determines that the portion of the 
conveyed land contains hazardous materials, the State of Utah shall pay 
the United States an amount equal to the fair market value of that 
portion of the land, and the reversionary interest shall not apply to 
that portion of the land.

SEC. 2858. LAND CONVEYANCE, ARMY PROPERTY, CAMP WILLIAMS, UTAH.

    (a) Conveyance Authorized.--The Secretary of the Army may convey, 
without consideration, to the State of Utah on behalf of the Utah 
National Guard (in this section referred to as the ``State'') all 
right, title, and interest of the United States in and to two parcels 
of real property, including any improvements thereon, that are located 
within the boundaries of Camp Williams, Utah, consist of approximately 
608 acres and 308 acres, respectively, and are identified in the Utah 
National Guard master plan as being necessary acquisitions for future 
missions of the Utah National Guard.
    (b) Reversionary Interest.--If the Secretary determines at any time 
that the real property conveyed under subsection (a), or any portion 
thereof, has been sold or is being used solely for non-defense, 
commercial purposes, all right, title, and interest in and to the 
property shall revert, at the option of the Secretary, to the United 
States, and the United States shall have the right of immediate entry 
onto the property. It is not a violation of the reversionary interest 
for the State to lease the property, or any portion thereof, to 
private, commercial, or governmental interests if the lease facilitates 
the construction and operation of buildings, facilities, roads, or 
other infrastructure that directly supports the defense missions of the 
Utah National Guard. Any determination of the Secretary under this 
subsection shall be made on the record after an opportunity for a 
hearing.
    (c) Payment of Costs of Conveyance.--
            (1) Payment required.--The Secretary shall require the 
        State to cover costs to be incurred by the Secretary, or to 
        reimburse the Secretary for costs incurred by the Secretary, to 
        carry out the conveyance under subsection (a), including survey 
        costs, costs related to environmental documentation, and other 
        administrative costs related to the conveyance. If amounts are 
        collected from the State in advance of the Secretary incurring 
        the actual costs, and the amount collected exceeds the costs 
        actually incurred by the Secretary to carry out the conveyance, 
        the Secretary shall refund the excess amount to the State.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursements under paragraph (1) shall be credited to the 
        fund or account that was used to cover the costs incurred by 
        the Secretary in carrying out the conveyance. Amounts so 
        credited shall be merged with amounts in such fund or account 
        and shall be available for the same purposes, and subject to 
        the same conditions and limitations, as amounts in such fund or 
        account.
    (d) Description of Real Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (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. 2859. EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC TRAIL THROUGH 
              FORT BELVOIR, VIRGINIA.

    (a) Agreement Authority.--The Secretary of the Army may enter into 
a revocable at will easement with the Secretary of the Interior to 
provide land along the perimeter of Fort Belvoir, Virginia, to be used 
as a segment the Potomac Heritage National Scenic Trail.
    (b) Selection Criteria.--In determining the extent of the easement, 
the Secretary of the Army shall provide for a single trail, and select 
alignments of the trail, along the perimeter of Fort Belvoir. In making 
that determination, the Secretary shall consider--
            (1) the perimeter security requirements to protect the 
        assets, people, and agency missions located at Fort Belvoir;
            (2) the appropriate setback from adjacent roadways to 
        provide for a safe and enjoyable experience for users of the 
        trail; and
            (3) any planned future expansion of roadways, including 
        United States Route 1, so that the trail will not be adversely 
        impacted by roadway construction.
    (c) Trail Administration and Management.--Any segment of the 
Potomac Heritage National Scenic Trail along the perimeter of Fort 
Belvoir shall be administered by the Secretary of the Interior, acting 
through the National Park Service, and shall be managed by the 
Secretary of the Army, by an appropriate local agency, or by any other 
party mutually acceptable to the Secretary of the Army and the National 
Park Service. A written agreement confirming this management 
arrangement shall be co-signed by the parties to the easement 
agreement.

                       Subtitle F--Other Matters

SEC. 2871. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL ANNEX TO 
              ARLINGTON NATIONAL CEMETERY.

    Section 2881(h)(1) of the Military Construction Authorization Act 
for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 879), 
as amended by section 2871 of the Military Construction Authorization 
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 
561), is further amended by striking ``January 1, 2011'' and inserting 
``January 1, 2012''.

SEC. 2872. DECONTAMINATION AND USE OF FORMER BOMBARDMENT AREA ON ISLAND 
              OF CULEBRA.

    Section 204 of the Military Construction Authorization Act, 1974 
(Public Law 93-166; 87 Stat. 668) is amended by striking subsection 
(c).

SEC. 2873. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF ADDITIONAL 
              BUILDING AT NATIONAL MUSEUM OF THE UNITED STATES AIR 
              FORCE, WRIGHT-PATTERSON AIR FORCE BASE.

    (a) Acceptance Authorized.--The Secretary of the Air Force may 
accept from the Air Force Museum Foundation, a private nonprofit 
corporation, gifts in the form of cash, treasury instruments, or 
comparable United States securities for the purpose of paying the costs 
of design and construction of a fourth building for the National Museum 
of the United States Air Force at Wright-Patterson Air Force Base, 
Ohio. In making a gift, the Air Force Museum Foundation may specify 
that all or part of the amount of the gift be utilized solely for the 
purpose of the design and construction of a particular portion of the 
building.
    (b) Escrow Account.--
            (1) Deposit of gifts.--The Secretary of the Air Force, 
        acting through the Director of Financial Management of the Air 
        Force Materiel Command (in this section referred to as the 
        ``Director''), shall deposit the amount of any gift accepted 
        under subsection (a) in an escrow account established for that 
        purpose.
            (2) Investment.--Amounts in the escrow account not required 
        to meet current requirements of the account shall be invested 
        in public debt securities with maturities suitable to the needs 
        of the account, as determined by the Director, and bearing 
        interest at rates that take into consideration current market 
        yields on outstanding marketable obligations of the United 
        States of comparable securities. The income on such investments 
        shall be credited to and form a part of the account.
            (3) Liquidation.--Upon final payment of all invoices and 
        claims associated with the design and construction of the 
        building described in subsection (a), the Secretary shall 
        terminate the escrow account. Any amounts remaining in the 
        account upon termination shall be available to the Secretary, 
        in such amounts as are provided in advance in appropriations 
        Acts, for such purposes as the Secretary considers appropriate.
    (c) Use of Gifts.--
            (1) Design and construction.--The Director shall use 
        amounts in the escrow account, including income on investments, 
        to pay the costs of the design and construction of a fourth 
        building for the National Museum of the United States Air 
        Force, including progress payments for such design and 
        construction, subject to any conditions imposed by the Air 
        Force Museum Foundation under subsection (a). Amounts in the 
        account shall be available to the Director, in such amounts as 
        are provided in advance in appropriations Acts, until expended.
            (2) Time for payment.--Amounts shall be payable under 
        paragraph (1) upon receipt by the Director of a notification 
        from the technical representative of the contracting officer 
        that construction activities for which such amounts are payable 
        under paragraph (1) have been undertaken. To the maximum extent 
        practicable consistent with good business practice, the 
        Director shall limit payment of amounts from the account in 
        order to maximize the return on investment of amounts in the 
        account.
    (d) Limitation on Contracts.--The Secretary of the Air Force may 
not initiate a contract for the design or construction of a particular 
portion of the building described in subsection (a) until amounts in 
the escrow account are sufficient to cover the amount of the contract.

SEC. 2874. ESTABLISHMENT OF MEMORIAL TO AMERICAN RANGERS AT FORT 
              BELVOIR, VIRGINIA.

    (a) Authority To Establish Memorial.--The Secretary of the Army may 
permit the American Ranger Memorial Association, Inc., to establish and 
maintain, at a suitable location on Fort Belvoir, Virginia, a national 
memorial to honor the sacrifice and service of American Rangers during 
their almost four hundred years of existence.
    (b) Location and Design.--The actual location and final design of 
the memorial authorized by subsection (a) shall be subject to the 
approval of the Secretary. In selecting the location, the Secretary 
shall seek to maximize visitor access to the resulting memorial.
    (c) Maintenance.--The maintenance of the memorial authorized by 
subsection (a) by the American Ranger Memorial Association, Inc., shall 
be subject to such conditions regarding access to the memorial, and 
such other conditions, as the Secretary considers appropriate to 
protect the interests of the United States.
    (d) Limitation on Payment of Expenses.--The United States 
Government shall not pay any expense for the establishment or 
maintenance of the memorial authorized by subsection (a).

SEC. 2875. LEASE INVOLVING PIER ON FORD ISLAND, PEARL HARBOR NAVAL 
              BASE, HAWAII.

    (a) Lease.--The Secretary of the Navy shall enter into a lease with 
the USS Missouri Memorial Association to authorize the USS Missouri 
Memorial Association to use the pier Foxtrot Five and related real 
property on Ford Island, Pearl Harbor Naval Base, Hawaii, during 
calendar years 2009 and 2010.
    (b) Consideration.--The lease required by subsection (a) shall be 
made without consideration.
    (c) Condition on Use of Leased Property.--As a condition on the 
lease under subsection (a), the USS Missouri Memorial Association shall 
agree to preserve and maintain the USS Missouri for education purposes, 
historic preservation, and community outreach.
    (d) Effect of Violation.--If the Secretary determines at any time 
that the USS Missouri Memorial Association is not in compliance with 
the condition imposed by subsection (c), the Secretary may terminate 
the lease referred to in subsection (a). Any determination of the 
Secretary under this subsection shall be made on the record after an 
opportunity for a hearing.

SEC. 2876. NAMING OF HEALTH FACILITY, FORT RUCKER, ALABAMA.

    The health facility located at 301 Andrews Avenue in Fort Rucker, 
Alabama, shall be known and designated as the ``Lyster Army/VA Health 
Clinic''. Any reference in a law, map, regulation, document, paper, or 
other record of the United States to such facility shall be deemed to 
be a reference to the Lyster Army/VA Health Clinic.

TITLE XXIX--ADDITIONAL WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION 
                  AUTHORIZATIONS FOR FISCAL YEAR 2008

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition 
                            projects.
Sec. 2904. Authorized Defense Agencies construction and land 
                            acquisition projects.
Sec. 2905. Termination of authority to carry out fiscal year 2008 Army 
                            projects for which funds were not 
                            appropriated.

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (c)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                     Army: Inside the United States
------------------------------------------------------------------------
            State               Installation or Location      Amount
------------------------------------------------------------------------
Alaska.......................  Fort Wainwright..........     $17,000,000
California...................  Fort Irwin...............     $11,800,000
Colorado.....................  Fort Carson..............      $8,400,000
Georgia......................  Fort Benning.............     $30,500,000
  ...........................  Fort Gordon..............     $39,800,000
Hawaii.......................  Schofield Barracks.......     $12,500,000
Kentucky.....................  Fort Campbell............      $9,900,000
  ...........................  Fort Knox................      $7,400,000
Missouri.....................  Fort Leonard Wood........     $50,000,000
North Carolina...............  Fort Bragg...............      $8,500,000
Oklahoma.....................  Fort Sill................      $9,000,000
South Carolina...............  Fort Jackson.............     $27,000,000
Texas........................  Fort Bliss...............     $17,300,000
  ...........................  Fort Hood................      $7,200,000
                               Fort Sam Houston.........     $54,000,000
Virginia.....................  Fort Eustis..............     $50,000,000
  ...........................  Fort Lee.................      $7,400,000
------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (c)(2), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                     Army: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Afghanistan..................  Various Locations........     $54,000,000
Iraq.........................  Baghdad..................     $13,000,000
  ...........................  Camp Adder...............     $13,200,000
                               Camp Ramadi..............      $6,200,000
  ...........................  Fallujah.................      $5,500,000
------------------------------------------------------------------------

    (c) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated on or after the date of the enactment of this Act 
for military construction, land acquisition, and military family 
housing functions of the Department of the Army in the total amount of 
$440,700,000 as follows:
            (1) For military construction projects inside the United 
        States authorized by subsection (a), $367,700,000.
            (2) For military construction projects outside the United 
        States authorized by subsection (b), $67,000,000.
            (3) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $6,000,000.

SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (c)(1), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                         Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
California................................  Camp Pendleton....................................        $9,270,000
  ........................................  China Lake........................................        $7,210,000
                                            Point Mugu........................................        $7,250,000
                                            San Diego.........................................       $12,299,000
                                            Twentynine Palms..................................       $11,250,000
Florida...................................  Elgin Air Force Base..............................          $780,000
Mississippi...............................  Gulfport..........................................        $6,570,000
North Carolina............................  Camp Lejeune......................................       $27,980,000
Virginia..................................  Yorktown..........................................        $8,070,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (c)(2), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                                         Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
                  Country                                Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Djibouti..................................  Camp Lemonier.....................................       $22,390,000
----------------------------------------------------------------------------------------------------------------

    (c) Authorization of Appropriations.--Subject to section 2825 of 
title 10, United States Code, funds are hereby authorized to be 
appropriated on or after the date of the enactment of this Act for 
military construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amount of 
$94,731,000 as follows:
            (1) For military construction projects inside the United 
        States authorized by subsection (a), $90,679,000.
            (2) For military construction projects outside the United 
        States authorized by subsection (b), $22,390,000.
            (3) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $4,052,000.
            (4) For construction and acquisition, planning and design, 
        and improvement of military family housing and facilities, 
        $11,766,000.

SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (c)(1), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
inside the United States, and in the amounts, set forth in the 
following table:

                                       Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
                  Country                                Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
California................................  Beale Air Force Base..............................       $17,600,000
Florida...................................  Eglin Air Force Base..............................       $11,000,000
New Jersey................................  McGuire Air Force Base............................        $6,200,000
New Mexico................................  Cannon Air Force Base.............................        $8,000,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (c)(2), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
outside the United States, and in the amounts, set forth in the 
following table:

                                      Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
                  Country                                Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Oman......................................  Masirah Air Base..................................        $6,300,000
Qatar.....................................  Al Udeid..........................................      $100,400,000
----------------------------------------------------------------------------------------------------------------

    (c) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated on or after the date of the enactment of this Act 
for military construction, land acquisition, and military family 
housing functions of the Department of the Air Force in the total 
amount of $150,927,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by subsection (a), $42,800,000.
            (2) For military construction projects outside the United 
        States authorized by subsection (b), $106,700,000.
            (3) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $1,427,000.

SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (b)(1), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                   Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
                  Country                                Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Georgia...................................  Fort Benning......................................      $350,000,000
Kansas....................................  Fort Riley........................................      $404,000,000
North Carolina............................  Camp Lejeune......................................      $122,000,000
----------------------------------------------------------------------------------------------------------------

    (b) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated on or after the date of the enactment of this Act 
for military construction, land acquisition, and military family 
housing functions of the Department of Defense (other than the military 
departments) in the total amount of $956,000,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by subsection (a), $876,000,000.
            (2) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $80,000,000.

SEC. 2905. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2008 ARMY 
              PROJECTS FOR WHICH FUNDS WERE NOT APPROPRIATED.

    The table in section 2901(b) of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 570) is amended--
            (1) in the item relating to Bagram Air Base, Afghanistan, 
        by striking ``$249,600,000'' in the amount column and inserting 
        ``$195,600,000'';
            (2) in the item relating to Camp Adder, Iraq, by striking 
        ``$80,650,000'' in the amount column and inserting 
        ``$75,800,000'';
            (3) in the item relating to Camp Anaconda, Iraq, by 
        striking ``$53,500,000'' in the amount column and inserting 
        ``$10,500,000'';
            (4) in the item relating to Camp Victory, Iraq, by striking 
        ``$65,400,000'' in the amount column and inserting 
        ``$60,400,000'';
            (5) by striking the item relating to Tikrit, Iraq; and
            (6) in the item relating to Camp Speicher, Iraq, by 
        striking ``$83,900,000'' in the amount column and inserting 
        ``$74,100,000''.

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

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

   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Utilization of international contributions to the Russian 
                            plutonium disposition program.
Sec. 3112. Extension of deadline for Comptroller General report on 
                            Department of Energy protective force 
                            management.

         Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscal year 2009 for 
the activities of the National Nuclear Security Administration in 
carrying out programs necessary for national security in the amount of 
$9,301,922,000, to be allocated as follows:
            (1) For weapons activities, $6,609,639,000.
            (2) For defense nuclear nonproliferation activities, 
        $1,455,148,000.
            (3) For naval reactors, $828,054,000.
            (4) For the Office of the Administrator for Nuclear 
        Security, $409,081,000.
    (b) Authorization of New Plant Projects.--From funds referred to in 
subsection (a) that are available for carrying out plant projects, the 
Secretary of Energy may carry out new plant projects for the National 
Nuclear Security Administration as follows:
            (1) For readiness in technical base and facilities, the 
        following new plant projects:
                    Project 09-D-404, Test Capabilities Revitalization, 
                Phase 2, Sandia National Laboratories, New Mexico, 
                $3,000,000.
                    Project 08-D-806, Ion Beam Laboratory 
                Refurbishment, Sandia National Laboratories, New 
                Mexico, $10,014,000.
            (2) For naval reactors, the following new plant projects:
                    Project 09-D-902, Naval Reactor Facilities 
                Production Support Complex, Naval Reactors Facility, 
                Idaho, $8,300,000.
                    Project 09-D-190, KAPL Infrastructure Upgrades, 
                Schenectady, New York, $1,000,000.
                    

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2009 for defense environmental cleanup 
activities in carrying out programs necessary for national security in 
the amount of $5,317,256,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2009 for other defense activities in carrying 
out programs necessary for national security in the amount of 
$1,321,461,000, of which $487,008,000 is for construction of the Mixed 
Oxide Fuel Fabrication Facility at the Savannah River Site, South 
Carolina, and associated program activities and functions.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2009 for defense nuclear waste disposal for 
payment to the Nuclear Waste Fund established in section 302(c) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
$247,371,000.

SEC. 3105. ENERGY SECURITY AND ASSURANCE.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2009 for energy security and assurance programs 
necessary for national security in the amount of $7,622,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE RUSSIAN 
              PLUTONIUM DISPOSITION PROGRAM.

    (a) In General.--The Secretary of Energy may, in consultation with 
the Secretary of State, enter into one or more agreements with any 
person (including a foreign government, international organization, or 
multinational entity) that the Secretary of Energy considers 
appropriate, under which the person contributes funds for the effective 
and transparent disposition of excess weapon-grade Russian plutonium in 
the Russian Federation, known as the Russian Plutonium Disposition 
Program.
    (b) Retention and Use of Amounts.--Subject to the availability of 
appropriations, the Secretary of Energy may retain and use amounts 
contributed under an agreement under subsection (a) for purposes of the 
Russian Plutonium Disposition Program. Amounts so contributed shall be 
retained in a separate fund established in the Treasury for such 
purposes, subject to the availability of appropriations, consistent 
with an agreement under subsection (a).
    (c) Return of Amounts Not Used Within 5 Years.--If an amount 
contributed under an agreement under subsection (a) is not used under 
this section within 5 years after it was contributed, the Secretary of 
Energy shall return that amount to the person who contributed it.
    (d) Notice To Appropriate Congressional Committees.--Not later than 
30 days after the receipt of an amount contributed under subsection 
(b), the Secretary of Energy shall submit to the appropriate 
congressional committees a notice specifying the purpose and value of 
the contribution and identifying the person who contributed it. The 
Secretary may not use such amount until 15 days after the notice is 
submitted.
    (e) Annual Report.--Not later than October 31 of each year, 
beginning in the fiscal year in which the first contributions are 
retained under subsection (b), the Secretary of Energy shall submit to 
the appropriate congressional committees a report on the receipt and 
use of amounts under this section during the preceding fiscal year. 
Each report for a fiscal year shall set forth--
            (1) a statement of any amounts received under this section, 
        including, for each such amount, the value of the contribution 
        and the person who contributed it;
            (2) a statement of any amounts used under this section, 
        including, for each such amount, the purposes for which the 
        amount was used; and
            (3) a statement of the amounts retained but not used under 
        this section including, for each such amount, the purposes (if 
        known) for which the Secretary intends to use the amount.
    (f) Expiration.--The authority to accept, retain, and use 
contributions under this section shall expire on December 31, 2013.
    (g) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate.

SEC. 3112. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL REPORT ON 
              DEPARTMENT OF ENERGY PROTECTIVE FORCE MANAGEMENT.

    Section 3124(a)(1) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 580) is amended by 
striking ``Not later than 180 days after the date of the enactment of 
this Act,'' and inserting ``No later than March 1, 2009,''.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2009, 
$25,499,000 for the operation of the Defense Nuclear Facilities Safety 
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq.).

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

    (a) Amount.--There are hereby authorized to be appropriated to the 
Secretary of Energy $19,099,000 for fiscal year 2009 for the purpose of 
carrying out activities under chapter 641 of title 10, United States 
Code, relating to the naval petroleum reserves.
    (b) Period of Availability.--Funds appropriated pursuant to the 
authorization of appropriations in subsection (a) shall remain 
available until expended.

                  TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2009.
Sec. 3502. Limitation on export of vessels owned by the Government of 
                            the United States for the purpose of 
                            dismantling, recycling, or scrapping.
Sec. 3503. Student incentive payment agreements.
Sec. 3504. Riding gang member requirements.
Sec. 3505. Maintenance and Repair Reimbursement Program for the 
                            Maritime Security Fleet.
Sec. 3506. Temporary program authorizing contracts with adjunct 
                            professors at the United States Merchant 
                            Marine Academy.

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009.

    Funds are hereby authorized to be appropriated for fiscal year 
2009, to be available without fiscal year limitation if so provided in 
appropriations Acts, for the use of the Department of Transportation 
for the Maritime Administration as follows:
            (1) For expenses necessary for operations and training 
        activities, $117,848,000, of which--
                    (A) $8,150,000 shall remain available until 
                expended for capital improvements at the United States 
                Merchant Marine Academy, and
                    (B) $8,306,000 shall remain available until 
                expended for maintenance and repair of school ships of 
                the State Maritime Academies.
            (2) For expenses to maintain and preserve a United States-
        flag merchant fleet to serve the national security needs of the 
        United States under chapter 531 of title 46, Unites States 
        Code, $193,500,000, of which $19,500,000 will be available for 
        costs associated with the maintenance reimbursement pilot 
        program under section 3517 of the Maritime Security Act of 2003 
        (46 U.S.C 53101 note).
            (4) For assistance to small shipyards and maritime 
        communities under section 54101 of title 46, United States 
        Code, $25,000,000.
            (5) For expenses to dispose of obsolete vessels in the 
        National Defense Reserve Fleet, $18,000,000.
            (6) For the cost (as defined in section 502(5) of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan 
        guarantees under the program authorized by chapter 537 of title 
        46, United States Code, $30,000,000.
            (7) For administrative expenses related to the 
        implementation of the loan guarantee program under chapter 537 
        of title 46, United States Code, administrative expenses 
        related to implementation of the reimbursement program under 
        section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 
        53101 note), and administrative expenses related to the 
        implementation of the small shipyards and maritime communities 
        assistance program under section 54101 of title 46, United 
        States Code, $3,531,000.

SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY THE GOVERNMENT OF 
              THE UNITED STATES FOR THE PURPOSE OF DISMANTLING, 
              RECYCLING, OR SCRAPPING.

    (a) In General.--Except as provided in subsection (b), no vessel 
that is owned by the Government of the United States shall be approved 
for export to a foreign country for purposes of dismantling, recycling, 
or scrapping.
    (b) Exception.--Subsection (a) shall not apply with respect to a 
vessel if the Administer of the Maritime Administration certifies 
that--
            (1) a compelling need for dismantling, recycling, or 
        scrapping the vessel exists;
            (2) there is no available capacity in the United States to 
        conduct the dismantling, recycling, or scrapping of the vessel;
            (3) any dismantling, recycling, or scrapping of the vessel 
        in a foreign country will be conducted in full compliance with 
        environmental, safety, labor, and health requirements for ship 
        dismantling, recycling, or scrapping that are equivalent to the 
        laws of the United States; and
            (4) the export of the vessel under this section will only 
        be for dismantling, recycling, or scrapping of the vessel.
    (c) Certification.--The certification required in subsection (b) 
must be provided to the Committee on Armed Services of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate at least 90 days before any vessel is 
approved for transport to a foreign country for purposes of 
dismantling, recycling, or scrapping.
    (d) United States Defined.--In this section the term ``United 
States'' means the States of the United States, Puerto Rico, and Guam.

SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS.

    Section 51509(b) of title 46, United States Code, is amended--
            (1) by striking ``$4,000'' and inserting ``$8,000'';
            (2) by inserting ``tuition,'' after ``uniforms,''; and
            (3) by inserting ``before the start of each academic year'' 
        after ``and be paid''.

SEC. 3504. RIDING GANG MEMBER REQUIREMENTS.

    Section 1018 of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2380) is amended to 
read as follows:

``SEC. 1018. RIDING GANG MEMBER REQUIREMENTS.

    ``(a) In General.--The Secretary of Defense may not award, renew, 
extend, or exercise an option to extend any charter of a vessel 
documented under chapter 121 of title 46, United States Code, for the 
Department of Defense, or any contract for the carriage of cargo by a 
vessel documented under that chapter for the Department of Defense, 
unless the charter or contract, respectively, includes provisions 
that--
            ``(1) subject to paragraph (2), allow riding gang members 
        to perform work on the vessel during the effective period of 
        the charter or contract only under terms, conditions, 
        restrictions, and requirements as provided in section 8106 of 
        title 46, United States Code; and
            ``(2) require that riding gang members hold a merchant 
        mariner's document issued under chapter 73 of title 46, United 
        States Code, or a transportation security card issued under 
        section 70105 of such title.
    ``(b) Exemption.--
            ``(1) In general.--In accordance with regulations issued by 
        the Secretary of Defense, an individual shall not be treated as 
        a riding gang member for the purposes of section 8106 of title 
        46, United States Code, and this section if--
                    ``(A) the individual is aboard a vessel that is 
                under charter or contract for the carriage of cargo for 
                the Department of Defense, for purposes other than 
                engaging in the operation or maintenance of the vessel; 
                and
                    ``(B) the individual--
                            ``(i) accompanies, supervises, guards, or 
                        maintains unit equipment aboard a ship, 
                        commonly referred to as supercargo personnel;
                            ``(ii) is one of the force protection 
                        personnel of the vessel;
                            ``(iii) is a specialized repair technician; 
                        or
                            ``(iv) is otherwise required by the 
                        Secretary of Defense to be aboard the vessel.
            ``(2) Background check.--
                    ``(A) In general.--This section shall not apply to 
                an individual unless--
                            ``(i) the name and other necessary 
                        identifying information for the individual is 
                        submitted to the Secretary for a background 
                        check; and
                            ``(ii) except as provided in subparagraph 
                        (B), the individual successfully passes a 
                        background check by the Secretary prior to 
                        going aboard the vessel.
                    ``(B) Waiver.--The Secretary may waive the 
                application of subparagraph (A)(ii) for an individual 
                who holds a merchant mariner's document issued under 
                chapter 73 of title 46, United States Code, or a 
                transportation security card issued under section 70105 
                of such title.
            ``(3) Exempted individual not treated as in addition to the 
        crew.--An individual who, under paragraph (1), is not treated 
        as a riding gang member shall not be counted as an individual 
        in addition to the crew for the purposes of section 3304 of 
        title 46, United States Code.''.

SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT PROGRAM FOR THE 
              MARITIME SECURITY FLEET.

    Section 3517(a) of the Maritime Security Act of 2003 (46 U.S.C. 
53101 note; as amended by section 3503 of the National Defense 
Authorization Act for Fiscal Year 2006 (119 Stat. 3548)) is amended by 
adding at the end the following:
            ``(3) Existing operating agreements.--The Secretary of 
        Transportation shall, subject to the availability of 
        appropriations, seek to enter into an agreement under this 
        section with one or more contractors under an operating 
        agreement under that chapter that is in effect on the date of 
        the enactment of this paragraph, regarding maintenance and 
        repair of all vessels that are subject to the operating 
        agreement.''.

SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH ADJUNCT 
              PROFESSORS AT THE UNITED STATES MERCHANT MARINE ACADEMY.

    (a) In General.--The Maritime Administrator may establish a 
temporary program for the purpose of, subject to the availability of 
appropriations, contracting with individuals as personal services 
contractors to provide services as adjunct professors at the Academy, 
if the Maritime Administrator determines that there is a need for 
adjunct professors and the need is not of permanent duration.
    (b) Contract Requirements.--Each contract under the program--
            (1) must be approved by the Maritime Administrator;
            (2) subject to paragraph (3), shall be for a duration, 
        including options, of not to exceed one year unless the 
        Maritime Administrator finds that exceptional circumstances 
        justify an extension of up to one additional year; and
            (3) shall terminate not later than 6 months after the 
        termination of contract authority under subsection (d).
    (c) Limitation on Number of Contractors.--In awarding contacts 
under the program, the Maritime Administrator shall ensure that not 
more than 25 individuals actively provide services in any one academic 
trimester, or equivalent, as contractors under the program.
    (d) Termination of Contracting Authority.--The authority to award 
contracts under the program shall terminate upon the expiration of 
December 31, 2009.
    (e) Existing Contracts.--Any contract entered into before the 
effective date of this section for the services of an adjunct professor 
at the Academy shall remain in effect for the trimester (or trimesters) 
for which the services were contracted.
    (f) Definitions.--In this section:
            (1) Academy.--The term ``Academy'' means the United States 
        Merchant Marine Academy.
            (2) Maritime administrator.--The term ``Maritime 
        Administrator'' means the Administrator of the Maritime 
        Administration, or a designee of the Administrator.
            (3) Program.--The term ``program'' means the program 
        established under subsection (a).
            Amend the title so as to read: ``A bill to authorize 
        appropriations for fiscal year 2009 for military activities of 
        the Department of Defense, for military construction, and for 
        defense activities of the Department of Energy, to prescribe 
        military personnel strengths for such fiscal year, and for 
        other purposes.''.
                                                 Union Calendar No. 413

110th CONGRESS

  2d Session

                               H. R. 5658

                          [Report No. 110-652]

_______________________________________________________________________

                                 A BILL

     To authorize appropriations for fiscal year 2009 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal year 2009, and for other purposes.

_______________________________________________________________________

                              May 16, 2008

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed`