HR 5658
5-22-08, Bill Passed House 384-23
Placed on Senate Calendar
110th CONGRESS
2d Session
H. R. 5658
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
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.
(1) DIVISION A- This Department of Defense Authorizations.
(2) DIVISION B- Military Construction Authorizations.
(b) Table of Contents- The table of contents for this Act is as follows:
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. 102. Navy and Marine Corps.
Sec. 104. Defense-wide activities.
Sec. 105. Rapid Acquisition Fund.
Sec. 106. Joint Improvised Explosive Device Defeat Fund.
Sec. 107. Defense Production Act purchases.
Subtitle B--Air Force Programs
Sec. 111. Performance based logistics contracts for the F-35 Joint Strike
Fighter.
Subtitle C--Navy Programs
Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Authorization of Appropriations
Sec. 201. Authorization of appropriations.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B--Workplace and Depot Issues
Sec. 321. Exception from prohibition on contractor performance of firefighting
functions.
Sec. 322. Exception to prohibition on contracts for performance of security
guard functions.
Sec. 323. Authority to consider depot level maintenance and repair using
contractor furnished equipment or leased facilities as core logistics.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Increase in Marine Corps Reserve general officers in an active
status.
Sec. 403. Exclusion of certain personnel from counting for active-duty end
strengths.
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. Increase in authorized strengths for Marine Corps Reserve officers
on active duty in the grades of major and lieutenant colonel to meet new
force structure requirements.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Amendment of limited exclusion of joint duty requirements.
Sec. 502. Changes to promotion policy objectives for joint officers.
Sec. 503. Length of joint duty assignments.
Sec. 504. Streamlining language of joint duty requirements for promotion
to general or flag officer.
Sec. 505. Technical changes to `joint specialty' terminology.
Sec. 506. Conforming changes to `joint specialty' terminology.
Sec. 507. Increased tenure for lieutenant generals.
Subtitle B--Reserve Component Matters
Sec. 511. Extension of retention on the Reserve active status list of military
technicians (dual status) until age 60.
Sec. 512. Increase age limitation of Reserve component chaplains and medical
officers beyond age 64.
Sec. 513. Conforming amendments to increase the mandatory retirement age
for Reserve officers.
Sec. 514. Authority to require the uniform by military technicians (dual
status).
Sec. 515. Clarification of authority to consider for a vacancy promotion
National Guard officers ordered to active duty during a contingency operation.
Subtitle C--Education and Training
Sec. 521. Awarding of Master of Arts in Strategic Security Studies.
Sec. 522. Tuition reimbursement and use of funds at the United States Air
Force Institute of Technology.
Sec. 523. Expanded authority to award degrees.
Sec. 524. Authority to prescribe authorized strength for the United States
Naval Academy.
Sec. 525. Enhancing education partnerships.
Subtitle D--General Service Authorities
Sec. 531. Change in requirement for posthumous certification.
Sec. 532. Raise maximum reenlistment term.
Subtitle E--Other Matters
Sec. 541. Career intermission pilot program.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonuses and Special and Incentive Pays
Sec. 601. One-year extension of certain bonus and special pays for Reserve
forces.
Sec. 602. One-year extension of certain bonus and special pay authorities
for certain health care professionals.
Sec. 603. One-year extension of special pay and bonus authorities for nuclear
officers.
Sec. 604. Direct accession bonus for psychology officers.
Sec. 605. Extending maximum length of nuclear officer incentive pay agreements
for service.
Subtitle B--Travel and Transportation Allowances
Sec. 611. Travel and transportation allowances for certain family members
and the person designated to direct the disposition of the deceased's remains
to attend the burial ceremony or memorial service of members who die on
duty.
Subtitle C--Retired Pay and Survivor Benefits
Sec. 621. Waiver of recoupment of overpayments of retired pay to spouse
or former spouse as a result of retroactive disability determination.
Sec. 622. Survivor Benefit Plan: extension of period for election deemed
to have been made.
Sec. 623. Survivor Benefit Plan: multiple beneficiaries.
Sec. 624. Survivor Benefit Plan: financial responsibility for Survivor Benefit
Plan participation.
Sec. 625. Survivor Benefit Plan: presumptive proportionate share.
Sec. 626. Revocation of ten-year rule for direct payment of retired pay.
Sec. 627. Allowing member to submit application for direct payment.
Sec. 628. Disregard periods of confinement for dependent victims of abuse.
Sec. 629. Clarifying amendment regarding jurisdiction for purposes of allocation
of retired pay under the Uniformed Services Former Spouse Protection Act.
Sec. 630. Division of retired pay to be based on member's length of service
and pay grade at time of divorce.
Sec. 631. Increases for divisions of retired pay expressed as a dollar amount.
Sec. 632. Allow member to waive notice and provide court order upon request.
Subtitle D--Other Matters
Sec. 641. Family pet shipment during evacuation of non-essential personnel.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
Sec. 701. Revising TRICARE program cost sharing amounts.
Sec. 702. Changes in payment options for TRICARE Prime.
Sec. 703. Obstetrical travel for command-sponsored dependents of uniformed
members assigned to very remote areas outside the continental United States.
Subtitle B--Other Matters
Sec. 711. Mental health evaluations of members of the Armed Forces by masters-level
clinical social workers with an independent license.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Unmanned systems.
Sec. 812. Addition of designated major subprograms to major defense acquisition
programs.
Subtitle B--Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 821. Modification of authority to accept financial and other incentives
related to energy savings and similar new authority related to energy systems.
Subtitle C--Other Matters
Sec. 831. Applicability of the restriction on specialty metals.
Sec. 832. Repeal of the military system breakout list.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Permanent authority to accept gifts to benefit members of the
Armed Forces and Department of Defense employees injured or killed in line
of duty and their dependents.
Sec. 902. Modification of procedures to preserve the search and rescue capabilities
of the Federal Government consistent with military requirements.
Sec. 903. Repeal of personnel limitations on office of the Secretary of
Defense, defense agencies, DOD field activities, and military department
headquarters.
Subtitle B--Chemical Demilitarization Program
Sec. 911. Chemical Demilitarization Citizens' Advisory Commission in Colorado
and Kentucky.
Sec. 912. Modify the termination requirements for assistance to State and
local governments under the Chemical Stockpile Emergency Preparedness Program.
Sec. 913. Qualifications change for the director of the U.S. Army Chemical
Materials Agency.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Increase limitation on advance billing of working capital fund
customers.
Sec. 1002. Crediting of admiralty claim receipts for damage to DOD working
capital fund account property.
Sec. 1003. Refined petroleum products, marginal expense transfer account.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Temporary waiver of the minimum aircraft carrier requirement.
Sec. 1012. Clarification of status of government rights in the designs of
Department of Defense vessels, boats, craft, and components thereof.
Sec. 1013. Riding gang member requirements.
Sec. 1014. Navy vessel mess operation: reimbursement of expenses.
Subtitle C--Counter-Drug Activities
Sec. 1021. Use of funds for counter-drug and counter-terrorism.
Subtitle D--Matters Related to Homeland Security
Sec. 1031. Reserve support for responses to certain emergencies.
Sec. 1032. Reserve support to major public emergencies.
Sec. 1033. Reserve support to enforcement of Federal authority.
Sec. 1034. Reserve support to Federal aid for State governments.
Sec. 1035. Procurement of equipment by State and local governments.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Minimum annual purchase amounts for airlift from carriers participating
in the Civil Reserve Air Fleet.
Subtitle F--Other Matters
Sec. 1051. Presentation of burial flag to spouses.
Sec. 1052. Amendment to annual submission of information regarding information
technology capital assets.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Increase in authorized number of Defense intelligence Senior
Executive Service employees.
Sec. 1102. Technical change to the definition of a professional accounting
position.
TITLE XII--MATTERS RELATING TO BUILDING PARTNER CAPABILITIES TO COMBAT TERRORISM
AND ENHANCE STABILITY
Subtitle A--Enhancing Partners' Capacity for Effective Operations
Sec. 1201. Enhanced authority to pay incremental expenses for participation
of developing countries in combined exercises.
Subtitle B--Setting Conditions Through Support for Local Populations
Sec. 1211. Amendments of authority for humanitarian assistance.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
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.
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 inside the United States.
Sec. 2206. Modification of authority to carry out certain fiscal year 2007
projects inside the United States.
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.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorized base closure and realignment activities funded through
Department of Defense Base Closure Account 2005.
Sec. 2404. Authorization of appropriations, Defense Agencies.
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--CHEMICAL DEMILITARIZATION PROGRAM
Sec. 2601. Authorized Chemical Demilitarization Program construction and
land acquisition projects.
Sec. 2602. Authorization of appropriations, Chemical Demilitarization Construction,
Defense-wide.
Sec. 2603. Modification of authority to carry out certain fiscal year 1997
project.
Sec. 2604. Modification of authority to carry out certain fiscal year 2000
project.
Sec. 2605. Modification of authority to carry out certain fiscal year 2007
project.
TITLE XXVII--GUARD AND RESERVE FORCES FACILITIES
Sec. 2701. Authorized Guard and Reserve construction and land acquisition
projects.
TITLE XXVIII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2801. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2802. Extension of authorizations of certain fiscal year 2006 projects.
Sec. 2803. Extension of authorizations of certain fiscal year 2005 projects.
TITLE XXIX--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
Sec. 2901. Modification of long-term leasing authority for military family
housing.
Sec. 2902. Unspecified minor construction.
Sec. 2903. Flexibility in determining domestic family housing lease maximums.
Sec. 2904. Transfer of proceeds from property conveyance, Marine Corps Logistics
Base, Albany, Georgia.
Subtitle B--Real Property and Facilities Administration
Sec. 2911. Modification of utility system conveyance authority.
Sec. 2912. Permanent authority to purchase municipal services for military
installations in the United States.
Sec. 2913. Clarification of congressional reporting requirements for certain
real property transactions of the military departments.
Subtitle C--Base Closure and Realignment
Sec. 2921. Annual base closure and realignment report.
Subtitle D--Other Matters
Sec. 2931. Expand cooperative agreement authority for management of cultural
resources to include off-installation mitigation.
Sec. 2932. Revised deadline for transfer of Arlington Naval Annex to Arlington
National Cemetery.
Sec. 2933. Lease of military family housing to the Secretary of Defense.
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.
Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement
for the Army as follows:
(1) For aircraft, $5,009,835,000.
(2) For missiles, $2,211,460,000.
(3) For weapons and tracked combat vehicles, $3,687,077,000.
(4) For ammunition, $2,275,791,000.
(5) For other procurement, $11,367,926,000.
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, $14,716,774,000.
(2) For weapons, including missiles and torpedoes, $3,575,482,000.
(3) For shipbuilding and conversion, $12,732,918,000.
(4) For other procurement, $5,482,856,000.
(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal
year 2009 for procurement for the Marine Corps in the amount of $1,512,765,000.
(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 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, $12,676,496,000.
(2) For ammunition, $894,478,000.
(3) For missiles, $5,536,728,000.
(4) For other procurement, $16,128,396,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2009 for Defense-wide
procurement in the amount of $3,164,228,000.
SEC. 105. RAPID ACQUISITION FUND.
Funds are hereby authorized to be appropriated for fiscal year 2009 for Rapid
Acquisition Fund in the amount of $102,045,000.
SEC. 106. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2009 for Joint
Improvised Explosive Device Defeat Fund in the amount of $496,300,000.
SEC. 107. DEFENSE PRODUCTION ACT PURCHASES.
Funds are hereby authorized to be appropriated for fiscal year 2009 for Defense
Production Act purchases in the amount of $36,365,000.
Subtitle B--Air Force Programs
SEC. 111. PERFORMANCE BASED LOGISTICS CONTRACTS FOR THE F-35 JOINT STRIKE
FIGHTER.
(a) Availability of Operation and Maintenance Funds- Funds available to the
Department of Air Force and the Department of Navy for operation and maintenance
may be used to fund both expense and investment costs under Performance Based
Logistics contracts for the Joint Strike Fighter (JSF) F-35.
(b) Definition- In this section, the term `Performance Based Logistics contract'
means a contract for the acquisition of sustainment support as an integrated,
affordable, performance package designed to optimize system readiness and
availability, while achieving performance goals for the JSF with clear lines
of authority and responsibility and with cost insight.
(c) Sunset- The authority provided by this section shall terminate on September
30, 2015.
Subtitle C--Navy Programs
SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. THEODORE ROOSEVELT.
(a) Amount Authorized From the SCN Account- Of the amount authorized to be
appropriated by section 102(a)(3) 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.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
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, $10,524,085,000.
(2) For the Navy, $19,337,238,000.
(3) For the Air Force, $28,066,617,000.
(4) For Defense-wide activities, $21,688,001,000, of which $188,772,000
is authorized for the Director of Operational Test and Evaluation.
TITLE III--OPERATION AND MAINTENANCE
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, $31,243,092,000.
(2) For the Navy, $34,922,398,000.
(3) For the Marine Corps, $5,597,254,000.
(4) For the Air Force, $35,902,487,000.
(5) For the Defense-wide activities, $26,091,864,000.
(6) For the Army Reserve, $2,642,341,000.
(7) For the Navy Reserve, $1,311,085,000.
(8) For the Marine Corps Reserve, $213,131,000.
(9) For the Air Force Reserve, $3,142,892,000.
(10) For the Army National Guard, $5,875,546,000.
(11) For the Air National Guard, $5,879,576,000.
(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, $496,227,000.
(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 Former Soviet Union Threat Reduction programs, $414,135,000.
(20) For the Overseas Contingency Operations Transfer Fund, $9,101,000.
SEC. 302. 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, $1,489,234,000.
(2) For the National Defense Sealift Fund, $1,962,253,000.
(3) For the Defense Coalition Support Fund, $22,000,000.
SEC. 303. 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 $23,615,202,000,
of which--
(1) $23,117,359,000 is for Operation and Maintenance;
(2) $193,938,000 is for Research, Development, Test, and Evaluation; and
(3) $303,905,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Army-
(1) 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, in the amount
of $1,485,634,000, of which--
(A) $1,152,668,000 is for Operation and Maintenance;
(B) $268,881,000 is for Research, Development, Test, and Evaluation; and
(C) $64,085,000 is for Procurement.
(2) USE- Amounts authorized to be appropriated under paragraph (1) are authorized
for--
(A) 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
(B) the destruction of chemical warfare materiel of the United States
that is not covered by section 1412 of such Act.
(c) 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.
(d) 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 $247,845,000, of which--
(1) $246,445,000 is for Operation and Maintenance; and
(2) $1,400,000 is for Procurement.
Subtitle B--Workplace and Depot Issues
SEC. 321. EXCEPTION FROM PROHIBITION ON CONTRACTOR PERFORMANCE OF FIREFIGHTING
FUNCTIONS.
Section 2465(b) of title 10, United States Code, is amended by adding at the
end the following new paragraph:
`(5) A contract for the performance of firefighting functions to--
`(A) fight wildland fires such as range or forest fires, and
`(B) perform wildland fire management such as prescribed burning.'.
SEC. 322. EXCEPTION TO PROHIBITION ON CONTRACTS FOR PERFORMANCE OF SECURITY
GUARD FUNCTIONS.
Section 2465(b) of title 10, United States Code, is amended by adding at the
end the following new paragraph:
`(5) A contract for security guard functions at any military installation
or facility for the duration of a Force Protection Condition higher than
Alpha; provided that such contract shall not result in the displacement
of any Federal employee, and shall continue in effect no more than 90 days
following the termination of such a higher Force Protection Condition.'.
SEC. 323. AUTHORITY TO CONSIDER DEPOT LEVEL MAINTENANCE AND REPAIR USING
CONTRACTOR FURNISHED EQUIPMENT OR LEASED FACILITIES AS CORE LOGISTICS.
Section 2474 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(h) Exception for Core Logistics- Depot-level maintenance and repair workload
performed at a Center of Industrial and Technical Excellence by Federal Government
employees using contractor-furnished equipment or by government employees
utilizing government-leased facilities may be considered as workload necessary
to maintain core logistics capability identified in section 2464 of this title
if the depot-level maintenance and repair workload is the subject of a public-private
partnership entered into pursuant to subsection (b).'.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
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:
(3) The Marine Corps, 194,000.
(4) The Air Force, 316,600.
SEC. 402. INCREASE IN MARINE CORPS RESERVE GENERAL OFFICERS IN AN ACTIVE
STATUS.
The table in section 12004(a) of title 10, United States Code, is amended
by striking `10' in the item relating to the Marine Corps and inserting `12'.
SEC. 403. EXCLUSION OF CERTAIN PERSONNEL FROM COUNTING FOR ACTIVE-DUTY END
STRENGTHS.
(a) In General- Section 115(i) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
`(14) Members of a Reserve component ordered to active duty under section
12301(d) of this title or full-time National Guard duty under section 502(f)(2)
of title 32 for the purpose of responding to a serious domestic manmade
or natural disaster, accident, or catastrophe.'.
(b) Conforming Amendment- Such section is further amended by inserting `and
(14)' in subsection (b)(3)(B) after `(8)'.
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) Adjustments- 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.
Whenever such units or such individual members 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, 29,950.
(2) The Army Reserve, 16,170.
(3) The Navy Reserve, 11,099.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,337.
(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.
(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. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVE OFFICERS
ON ACTIVE DUTY IN THE GRADES OF MAJOR AND LIEUTENANT COLONEL TO MEET NEW FORCE
STRUCTURE REQUIREMENTS.
The table in section 12011(a) of title 10, United States Code, is amended--
(1) by striking the figures under the heading `Major' in the items relating
to the Marine Corps Reserve and inserting the following new items:
----------
----------
`99
103
107
111
114
117
120
123
126
129
132
134
136
138
140
142'; and
----------
(2) by striking the figures under the heading `Lieutenant Colonel' in the
items relating to the Marine Corps Reserve and inserting the following new
items:
------
------
`63
67
70
73
76
79
82
85
88
91
94
97
100
103
106
109'.
------
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 $114,896,340,000.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2009 from the
Armed Forces Retirement Home Trust Fund the sum of $63,010,000 for the operation
of the Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. AMENDMENT OF LIMITED EXCLUSION OF JOINT DUTY REQUIREMENTS.
Section 526(b)(2)(A) of title 10, United States Code, is amended by striking
`and a general and flag officer position' and inserting `three general and
flag officer positions'.
SEC. 502. CHANGES TO PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.
Section 662 of title 10, United States Code, is amended--
(1) in subsection (a), by striking `that--(1)' and all that follows through
the period at the end and inserting `that officers in the grade of major
(or in the case of the Navy, lieutenant commander) or above who have been
designated as a Joint Qualified Officer are expected as a group to be promoted
to the next higher grade at a rate not less than the rate for officers of
the same armed force in the same grade and competitive category.'; 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),
(2), and (3) of subsection (a)' and inserting `Joint Qualified 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), especially with respect
to the record of officer selection boards in meeting the objective of subsection
(a)'.
SEC. 503. LENGTH OF JOINT DUTY ASSIGNMENTS.
Section 664 of title 10, United States Code, is amended--
(A) in paragraph (1), by amending subparagraph (D) to read as follows:
`(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
(B) by amending paragraph (3) to read as follows:
`(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).';
(2) in subsection (e), by amending paragraph (2) to read as follows:
`(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).';
(A) by amending paragraphs (3) and (4) to read as follows:
`(3) Accrued joint experience in joint duty assignments as described in
subsection (g).
`(4) A joint duty assignment outside the United States or in Alaska or Hawaii
for which the normal accompanied-by-dependents tour of duty is prescribed
by regulation to be at least two years in length, if the officer serves
in the assignment for a period equivalent to the accompanied-by-dependents
tour length.'; and
(B) by amending paragraph (6) to read as follows:
`(6) A second and subsequent joint duty assignment that is less than the
period required under subsection (a), but not less than two years.';
(4) by striking subsection (g) and inserting the following:
`(g) Accrued Joint Experience- For the purposes of subsection (f)(3), joint
experience (e.g., temporary duty in joint assignments, joint individual training,
and participation in joint exercises) as prescribed in regulations by the
Secretary of Defense, with the advice of the Chairman of the Joint Chiefs
of Staff, may be aggregated to equal a full tour of duty.';
(A) by amending paragraph (1) to read as follows:
`(1) The Secretary of Defense may award constructive credit in the case
of an officer (other than a general or flag officer) who, for reasons of
military necessity, is reassigned from a joint duty assignment within 60
days of meeting the tour length criteria prescribed in subsection (f)(1),
(f)(2), or (f)(4). The amount of constructive service that may be credited
to such officer shall be the amount sufficient for the completion of the
applicable tour of duty requirement, but in no case more than 60 days.';
and
(B) by striking paragraph (3); and
(6) by striking subsection (i).
SEC. 504. STREAMLINING LANGUAGE OF 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 the heading, by striking `joint duty assignment' and inserting
`Joint Qualified Office designation';
(2) by amending subsection (a) to read as follows:
`(a) General Rule- An officer on the active-duty list of the Army, Navy, Air
Force, or Marine Corps may not be appointed to the grade of brigadier general
or rear admiral (lower half) unless the officer has been designated as a Joint
Qualified Officer in accordance with section 661 of this title.';
(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 if the officer has successfully completed a program of education as
described in subsections (b) and (c) of section 2155 of this title'; and
(4) by striking subsection (h).
(b) Clerical Amendment- 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: Joint Qualified Officer
designation required before promotion to general or flag grade; exceptions.'.
SEC. 505. TECHNICAL CHANGES TO `JOINT SPECIALTY' TERMINOLOGY.
(a) Joint Duty Assignments After Completion of Joint Professional Military
Education- Section 663 of title 10, United States Code, is amended--
(A) in the heading, by striking `Joint Specialty Officers- ' and inserting
`Joint Qualified Officers- '; and
(B) by striking `officer with the joint specialty' and inserting `Joint
Qualified Officer'; and
(2) in subsection (b)(1), by striking `do not have the joint specialty'
and inserting `are not designated as Joint Qualified Officers'.
(b) Procedures for Monitoring Careers of Joint Officers- Section 665 of such
title is amended--
(1) in subsection (a)(1)(A), by striking `officers with the joint specialty'
and inserting `Joint Qualified Officers'; and
(2) in subsection (b)(1), by striking `officers with the joint specialty'
and inserting `Joint Qualified Officers'.
SEC. 506. CONFORMING CHANGES TO `JOINT SPECIALTY' TERMINOLOGY.
Section 667 of title 10, United States Code, is amended--
(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 `officers with the joint specialty' and
inserting `Joint Qualified Officers';
(3) in paragraph (3), by striking `selected for the joint specialty' each
place it appears and inserting `designated as Joint Qualified Officers';
(A) in subparagraph (A), by striking `selected for the joint specialty'
and inserting `designated as Joint Qualified Officers'; and
(B) by amending subparagraph (B) to read as follows:
`(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 paragraph (5);
(6) by amending paragraph (6) to read as follows:
`(6) The promotion rate for Joint Qualified Officers, compared with the
promotion 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.';
(7) by striking paragraphs (7), (8), and (9);
(8) in paragraph (10), by striking `selection for the joint specialty' and
inserting `designation as a Joint Qualified Officer';
(9) by striking paragraph (13); and
(10) by amending paragraph (16) to read as follows:
`(16) The number of officers, 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. 507. INCREASED TENURE FOR LIEUTENANT GENERALS.
Section 14508 of title 10, United States Code, is amended--
(1) by redesignating subsections (c), (d), and (e) as subsections (d), (e)
and (g), respectively; and
(2) by inserting after subsection (b) the following new subsection (c):
`(c) Thirty-Eight Years of Service for Lieutenant Generals and Vice Admirals-
Unless retired, Retired Reserve, or discharged at an earlier date, each Reserve
officer of the Army, Air Force, or Marine Corps in the grade of lieutenant
general, and each Reserve officer of the Navy in the grade of vice admiral
shall be separated in accordance with section 14514 of this title on the later
of the following:
`0(1) 30 days after completion of 38 years of commissioned service; or
`(2) the fifth anniversary of the date of the officer's appointment in the
grade of lieutenant general or vice admiral.'; and
(3) by inserting after subsection (e) the following new subsection (f):
`(f) 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 (b) 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.'.
Subtitle B--Reserve Component Matters
SEC. 511. EXTENSION OF RETENTION ON THE RESERVE ACTIVE STATUS LIST OF MILITARY
TECHNICIANS (DUAL STATUS) UNTIL AGE 60.
Section 10216(f) of title 10, United States Code, is amended by striking `of
the Army' and inserting `concerned'.
SEC. 512. INCREASE AGE LIMITATION OF RESERVE COMPONENT CHAPLAINS AND MEDICAL
OFFICERS BEYOND AGE 64.
(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(a) of title
32, United States Code, is amended--
(1) by striking `or' at the end of paragraph (1);
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new paragraph (2):
`(2) in the case of a chaplain or medical officer, he becomes 68 years of
age; or,'.
SEC. 513. CONFORMING AMENDMENTS TO INCREASE THE MANDATORY RETIREMENT AGE
FOR RESERVE OFFICERS.
(a) Selective Service and United States Property and Fiscal Officers- Section
12647 of title 10, United States Code, is amended by striking `60 years' and
inserting `62 years'.
(b) Retention of Reserve Officers-
(1) INCREASED AGE- Section 14702(b) of such title is amended by striking
`60 years' and inserting `62 years'.
(2) CONFORMING AMENDMENTS-
(A) The heading for such section is amended by striking `60' and inserting
`62'.
(B) The heading for subsection (b) of such section is amended by striking
`60' and inserting `62'.
(3) CLERICAL AMENDMENT- 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 until
age 62.'.
SEC. 514. AUTHORITY TO REQUIRE THE UNIFORM BY MILITARY TECHNICIANS (DUAL
STATUS).
Section 10216(a) of title 10, United States Code, is amended by adding at
the end the following new paragraph:
`(4) Under regulations prescribed by the Secretary concerned, the Secretary
may require a military technician (dual status), while performing duties
as a military technician (dual status), to wear the uniform appropriate
for the member's grade and component of the Armed Forces.'.
SEC. 515. CLARIFICATION OF AUTHORITY TO CONSIDER FOR A VACANCY PROMOTION
NATIONAL GUARD OFFICERS ORDERED TO ACTIVE DUTY DURING A CONTINGENCY OPERATION.
Section 14317 of title 10, United States Code, is amended--
(1) in subsection (d), by inserting before the period at the end of the
first sentence the following: `, or the officer has been ordered to or is
serving on active duty in support of a contingency operation'; and
(2) in subsection (e)(1)(B), by inserting `, or by examination for Federal
recognition under title 32' after `title'.
Subtitle C--Education and Training
SEC. 521. AWARDING OF MASTER OF ARTS IN STRATEGIC SECURITY STUDIES.
(a) In General- Section 2163 of title 10, United States Code, is amended--
(1) by striking the heading and inserting the following:
`Sec. 2163. National Defense University: master's degree programs';
(2) in subsection (a), by inserting `or master of arts' after `science';
and
(3) in subsection (b), by adding at the end the following new paragraph:
`(4) MASTER OF ARTS IN STRATEGIC SECURITY STUDIES- The degree of master
of arts in strategic security studies, to graduates of the University who
fulfill the requirements of the program at the School for National Security
Executive Education.'.
(b) Clerical Amendment- The table of sections at the beginning of chapter
108 of such title is amended by striking the item relating to section 2163
and inserting the following new item:
`2163. National Defense University: master's degree programs.'.
(c) Applicability to 2006-2008 Graduates- Paragraph (4) of section 2163(b)
of title 10, United States Code, as added by subsection (a) of this section,
shall apply to any person who becomes a graduate on or after September 6,
2006.
SEC. 522. TUITION REIMBURSEMENT AND USE OF FUNDS AT THE UNITED STATES AIR
FORCE INSTITUTE OF TECHNOLOGY.
Section 9314(c) of title 10, United States Code, is amended by adding at the
end the following new paragraphs:
`(4)(A) To cover the costs of their attendance, the Air Force Institute
of Technology shall charge tuition for students who are not--
`(i) members of the armed forces under paragraphs (1) through (3); nor
`(ii) attending the Institute under Department of the Air Force sponsorship.
The organization sending such a student shall bear the costs of tuition
for that student.
`(B) The students covered by subparagraph (A) include civilian employees
from military departments other than the Air Force, other Department of
Defense agencies, other Federal agencies, and private (non-governmental)
entities.
`(5) Amounts received by the Institute for instruction of students enrolled
under this section shall be retained by the Institute to defray the costs
of such instruction. The source and disposition of such funds shall be specifically
identified in the records of the Institute.'.
SEC. 523. EXPANDED AUTHORITY TO AWARD DEGREES.
(a) United States Army War College- (1) The text of section 4321 of title
10, United States Code, is amended to read as follows:
`Under regulations prescribed by the Secretary of the Army, the Commandant
of the United States Army War College may, upon recommendation of the faculty
of the college, confer appropriate degrees upon graduates of the college who
meet the degree requirements consistent with the recommendations of the United
States Department of Education and principles of the regional accrediting
body.'.
(2) The heading for such section is amended by striking `: master of strategic
studies degree'.
(3) The table of sections at the beginning of chapter 401 of such title is
amended by striking the item relating to section 4321 and inserting the following
new item:
`4321. United States Army War College.'.
(b) United States Army Command and General Staff College- The text of section
4314 of such title is amended to read as follows:
`Under regulations prescribed by the Secretary of the Army, the Commandant
of the United States Army Command and General Staff College may, upon recommendation
of the faculty of the college, confer appropriate degrees upon graduates of
the college who meet the degree requirements consistent with the recommendations
of the United States Department of Education and principles of the regional
accrediting body.'.
(c) Marine Corps University- (1) Section 7102 of such title is amended--
(A) by striking subsections (a), (b), (c), and (d) and inserting the following
new subsection (a):
`(a) Authority- Under regulations prescribed by the Secretary of the Navy,
the President of the Marine Corps University may, upon recommendation of the
faculty of a school or college of Marine Corps University, confer appropriate
degrees upon graduates of the school or college who meet the degree requirements
consistent with the recommendations of the United States Department of Education
and principles of the regional accrediting body.';
(B) by redesignating subsection (e) as subsection (b); and
(C) by striking `masters degrees' in the heading and inserting `authority'.
(2) The table of sections at the beginning of chapter 401 of such title is
amended by striking the item relating to section 7102 and inserting the following
new title:
`7102. Marine Corps University: authority; board of advisors.'.
(d) United States Air Force Institute of Technology- Section 9314(a) of such
title is amended to read as follows:
`(a) Authority- Under regulations prescribed by the Secretary of the Air Force,
the Commander of Air University may, upon recommendation of the faculty of
the United States Air Force Institute of Technology, confer appropriate degrees
upon graduates of those programs who meet the degree requirements consistent
with the recommendations of the United States Department of Education and
principles of the regional accrediting body.'.
(e) Air University- The text of section 9317 of such title is amended to read
as follows:
`Under regulations prescribed by the Secretary of the Air Force, the Commander
of Air University may, upon recommendation of the faculty of the Air Force
programs, confer appropriate degrees upon graduates of those programs who
meet the degree requirements consistent with the recommendations of the United
States Department of Education and principles of the regional accrediting
body.'.
SEC. 524. AUTHORITY TO PRESCRIBE AUTHORIZED STRENGTH FOR THE UNITED STATES
NAVAL ACADEMY.
Section 6954 of title 10, United States Code, is amended--
(A) by striking `4,000 or such higher number' and inserting `4,400 or
such lower number';
(B) by striking `under subsection (h)'; and
(C) by striking `limitation' and inserting `prescription'; and
(2) by striking subsection (h).
SEC. 525. ENHANCING EDUCATION PARTNERSHIPS.
(a) In General- Chapter 111 of title 10, United States Code, is amended by
inserting after section 2194 the following new section:
`Sec. 2194a. Education partnerships: operational support in the social and
applied sciences and humanities
`(a) Authority- The Secretary of Defense may authorize any operational command
under the jurisdiction of the Department of Defense to enter into one or more
education partnership agreements with educational institutions in the United
States for the purpose of--
`(1) obtaining timely information and advice relevant to the operational
command's mission and area of responsibility from subject matter experts
in the social and applied sciences;
`(2) encouraging and enhancing study of the operational command's mission,
geographic or functional areas of responsibility, and their environment;
and
`(3) encouraging and enhancing study in the associated social and applied
scientific and humanitarian disciplines.
`(b) Cost- Except as provided in this section, execution of these partnership
agreements shall be at no cost to the government.
`(c) Partnership Agreement Provisions- Under a partnership agreement entered
into with an educational institution under this section, the operational command--
`(1) may provide office space and associated administrative, technical and
overhead support;
`(2) may reimburse educational institution personnel for travel and incidental
expenses performed in fulfillment of the partnership agreement; and
`(3) may loan equipment to the institution for the purposes stated in subsection
(a) and for up to five years duration in support of such agreement.
`(d) Treatment of Persons- Persons performing services under the terms of
a partnership agreement shall--
`(1) not be entitled to any compensation from the United States except as
provided for in subsection (c);
`(2) not be considered a government employee under the National Security
Personnel System or any other Federal employment system; and
`(3) serve at the mutual convenience of the command and the educational
institution.
`(e) Definitions- For the purposes of this section:
`(1) The term `educational institution' means colleges, universities, and
any other nonprofit institutions dedicated to the advancement of the social
and applied sciences or humanities.
`(2) The term `social and applied sciences and humanities' includes anthropology,
business, communications, economics, education, history, languages, political
science, psychology, and sociology.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2194 the following
new item:
`2194a. Education partnerships: operational support in the social and applied
sciences and humanities.'.
Subtitle D--General Service Authorities
SEC. 531. CHANGE IN REQUIREMENT FOR POSTHUMOUS CERTIFICATION.
(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) shall require certification
by the Secretary of the military department concerned that at the time of
death the member was qualified for appointment to the next 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 sentence: `Warrants issued under
this subsection shall require a finding by the Secretary of the military
department concerned that at the time of death the member was qualified
for appointment to the next higher grade.'.
SEC. 532. RAISE MAXIMUM REENLISTMENT TERM.
(a) In General- Section 505(d) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking `six' and inserting `eight'; and
(2) in paragraph (3)(A), by striking `six' and inserting `eight'.
(b) Conforming Amendment- Section 308(a)(2)(ii) of title 37, United States
Code, is amended by striking `six' and inserting `eight'.
Subtitle E--Other Matters
SEC. 541. CAREER INTERMISSION PILOT PROGRAM.
(a) Authority To Establish Career Intermission Pilot Program- The Secretary
concerned may establish a pilot program under which officers and enlisted
members may be released from active duty for periods of no more than three
years, to meet personal or professional needs, and be returned to active duty
at the end of the period of inactive duty. The program shall be known as the
Career Intermission Pilot Program.
(b) Requirements of the Program-
(1) No more than 20 officers and 20 enlisted members of each armed force
within the military departments serving on active duty (other than for training)
per year may be selected for participation in the program established under
this section.
(2) The period during which a program participant is away from active duty
may not exceed three years from the date of release from active duty. All
program participants will return to active duty at the end of their period
of participation in the program.
(3) Before being released from active duty, each program participant will
be appointed in or enlisted in the military department's Ready Reserve and
will enter into an agreement with the Secretary concerned or his designee
under which the participant agrees to serve on active duty in the regular
or Reserve component as determined by the needs of the military department
for a period of not less than two months for every month of program participation
following the participant's return to active duty.
(4) After release from active duty, each program participant will remain
in their respective military department's Ready Reserve and will report
once per month to a location as directed by each military department.
(5) Time spent in the program shall not count toward--
(A) eligibility for retirement or transfer to the Ready Reserve under
either chapter 571 or chapter 1223 of title 10, United States Code;
(B) computation of retired or retainer pay under chapter 71 or chapter
1223 of title 10, United States Code; or
(C) computation of total years of commissioned service under section 14706
of title 10, United States Code.
(c) Medical and Dental Care- Notwithstanding any other provision of law, a
member of the Ready Reserve in the Career Intermission Pilot Program is entitled
to--
(1) the same medical and dental care under chapter 55 of title 10, United
States Code, as is provided to members of the Armed Forces and their dependents
at military treatment facilities; and
(2) the same coverage under the TRICARE program as is provided to members
of the Armed Forces on active duty for a period of more than 30 days and
the dependents of such members.
(d) Promotion Eligibility- (1) Officers- Notwithstanding any other provision
of law, an officer participating in the Career Intermission Pilot Program
shall not be eligible for consideration for promotion under either chapter
36 or chapter 1405 of title 10, United States Code. Upon return to active
duty--
(A) an 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) Enlisted Members- An enlisted participant in the Career Intermission Pilot
Program is ineligible for consideration for promotion from the date of his
release from active duty through the period of his participation in the program,
until such time after his return to active duty as he becomes eligible by
reason of his time in grade and such other requirements as may be specified
in military department regulations.
(e) Pay- (1) Each month during participation in the program, participants
will be paid two times one thirtieth of the basic pay to which the participant
would be otherwise entitled based on grade and years of service if the participant
were on active duty.
(2) Notwithstanding any other provision of law, a participant is entitled
to the travel and transportation allowances under section 404 of title 37,
United States Code, for travel performed from the member's residence, at the
time of release from active duty to participate in the Program, to the location
in the United States designated by the member as his residence during the
period of participation in the Program, and for the member's travel to his
residence upon return to active duty at the end of the member's participation
in the Program. An allowance will be paid under this subsection for travel
to and from only one residence.
(3) While away from active duty as a participant in the Career Intermission
Pilot Program under this section, a member may not receive any special or
incentive pay or bonus under chapter five of title 37, United States Code,
to which the member would otherwise be entitled for such period. When the
member returns to active duty after the period of participation in the Career
Intermission Pilot Program, the member will be entitled to receive, in addition
to basic pay, all of the special and incentive pays which the member was receiving
before being released from active duty to participate in the Career Intermission
Pilot Program and for which the member is qualified at the time of return
to active duty.
(f) Computation of Total Years of Service- Section 14706(a) of title 10, United
States Code, is amended by adding at the end the following new paragraph:
`(4) Service while participating in the Career Intermission Pilot Program.'.
(g) Duration of Program Authority- The authority to conduct the Program authorized
by this section shall commence on January 1, 2009 and expire on December 31,
2014.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonuses and Special and Incentive Pays
SEC. 601. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAYS FOR RESERVE
FORCES.
(a) Special Pay for Health Professionals in Critically Short Wartime Specialties-
Section 302g(e) of title 37, United States Code, is amended by striking `December
31, 2008' and inserting `December 31, 2009'.
(b) Selected Reserve Reenlistment Bonus- Section 308b(g) of such title is
amended by striking `December 31, 2008' and inserting `December 31, 2009'.
(c) Selected Reserve Affiliation or Enlistment Bonus- Section 308c(i) of such
title is amended by striking `December 31, 2008' and inserting `December 31,
2009'.
(d) 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'.
(e) Ready Reserve Non-Prior Service Enlistment Bonus- Section 308g(f)(2) of
such title is amended by striking `December 31, 2008' and inserting `December
31, 2009'.
(f) Ready Reserve Enlistment and Reenlistment Bonus- Section 308h(e) of such
title is amended by striking `December 31, 2008' and inserting `December 31,
2009'.
(g) Prior Service Reenlistment Bonus- Section 308i(f) of such title is amended
by striking `December 31, 2008' and inserting `December 31, 2009'.
(h) Repayment of Education Loans for Certain Health Professionals Who Serve
in the Selected Reserve- Section 16302(d) of title 10, United States Code,
is amended by striking `January 1, 2009' and inserting `January 1, 2010'.
SEC. 602. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES
FOR CERTAIN 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) 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'.
(c) 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'.
(d) Accession Bonus for Dental Officers- Section 302h(a)(1) of such title
is amended by striking `December 31, 2008' and inserting `December 31, 2009'.
(e) Accession Bonus for Pharmacy Officers- Section 302j(a) of such title is
amended by striking `December 31, 2008' and inserting `December 31, 2009'.
(f) 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'.
(g) 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. 603. ONE-YEAR 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. 604. DIRECT ACCESSION BONUS FOR PSYCHOLOGY OFFICERS.
(a) In General- Chapter 5 of title 37, United States Code, is amended by inserting
after section 302l the following new section:
`Sec. 302m. Special pay: accession bonus for psychology officers
`(a) Accession Bonus Authorized- A person who is a fully licensed psychologist
and who executes a written agreement described in subsection (d) to accept
a commission as an officer of the Armed Forces and remain on active duty for
a period of not less than four consecutive years may, upon the acceptance
of the agreement by the Secretary concerned, be paid an accession bonus in
the amount determined by the Secretary concerned.
`(b) Amount of Bonus- The amount of an accession bonus under subsection (a)
may not exceed $70,000.
`(c) Limitation on Eligibility for Bonus- A person may not be paid a bonus
under subsection (a) if--
`(1) the person, in exchange for an agreement to accept an appointment as
an officer, received financial assistance from the Department of Defense
to pursue a course of study in psychology; or
`(2) the Secretary concerned determines that the person is not qualified
to become and remain certified as a psychologist.
`(d) Agreement- The agreement referred to in subsection (a) shall provide
that, consistent with the needs of the armed force concerned, the person executing
the agreement will be assigned to duty, for the period of obligated service
covered by the agreement, as an officer of the Medical Service Corps of the
Army or the Navy or as an officer of the Air Force designated as a biomedical
sciences officer.
`(e) Repayment- A person who, after executing an agreement under subsection
(a), is not commissioned as an officer of the Armed Forces, does not become
licensed as a psychologist, or does not complete the period of active duty
in a specialty specified in the agreement shall be subject to the repayment
provisions of section 303a(e) of this title.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 302l the following
new item:
`302m. Special pay: accession bonus for psychology officers.'.
SEC. 605. EXTENDING 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' and inserting `not less than three'.
Subtitle B--Travel and Transportation Allowances
SEC. 611. TRAVEL AND TRANSPORTATION ALLOWANCES FOR CERTAIN FAMILY MEMBERS
AND THE PERSON DESIGNATED TO DIRECT THE DISPOSITION OF THE DECEASED'S REMAINS
TO ATTEND THE BURIAL CEREMONY OR MEMORIAL SERVICE OF MEMBERS WHO DIE ON DUTY.
(a) Unconditional Eligibility of Minor Siblings- Section 411f(c)(1) of title
37, United States Code, is amended by adding at the end the following new
subparagraph:
`(D) Any unmarried brother or sister of the deceased member who is under
21 years of age, or if age 21 or more a dependent child of the parent
or parents of the deceased member, as determined under regulations prescribed
under subsection (f).'.
(b) Unconditional Eligibility of Person Directing Disposition of Remains-
Subsection (a) of such section is amended by adding at the end the following
new paragraph:
`(3) The person who directs the disposition of the remains of the deceased
member under section 1482(c) of title 10, or, in the case of a deceased
member whose remains are commingled and buried in a common grave in a national
cemetery, the person who would have been designated under such section to
direct the disposition of the remains if individual identification had been
made.'; and
(c) Conforming Amendment- Subsection (c)(2) of such section is amended by
striking `to--' and all that follows through `(B)' and inserting `to up to
two additional persons closely related to the deceased member who are selected
by the person referred to under subsection (a)(3)'.
Subtitle C--Retired Pay and Survivor Benefits
SEC. 621. WAIVER OF RECOUPMENT OF OVERPAYMENTS OF RETIRED PAY TO SPOUSE
OR FORMER SPOUSE AS A RESULT OF RETROACTIVE DISABILITY DETERMINATION.
Section 2774 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(g)(1) The Director of the Office of Management and Budget or the Secretary
concerned, as the case may be, shall waive any claim for overpayment against
a spouse or former spouse of a member if--
`(A) the payment was disposable retired pay that, pursuant to section
1408 of this title, a court treated as property for the purpose of issuing
a final decree of divorce, dissolution, annulment, or legal separation,
including a court ordered, ratified, or approved property settlement incident
to such decree; and
`(B) the claim for overpayment is attributable to a determination of entitlement
to disability compensation under title 38.
`(A) The term `court' has the meaning given such term in section 1408(a)(1)
of this title.
`(B) The term `disposable retired pay' has the meaning given such term
in section 1408(a)(4) of this title.
`(C) The term `final decree' has the meaning given such term in section
1408(a)(3) of this title.
`(D) The term `member' has the meaning given such term in section 1408(a)(5)
of this title.
`(E) The term `spouse or former spouse' has the meaning given such term
in section 1408(a)(6) of this title.'.
SEC. 622. SURVIVOR BENEFIT PLAN: EXTENSION OF PERIOD FOR ELECTION DEEMED
TO HAVE BEEN MADE.
(a) In General- Section 1450(f)(3)(C) of title 10, United States Code, is
amended by striking `one year' and inserting `five years'.
(b) Effective Date- The amendment made by this section shall apply with respect
to divorces, dissolutions, annulments, or legal separations that become effective
after the end of the 90-day period beginning on the date of enactment of this
Act.
SEC. 623. SURVIVOR BENEFIT PLAN: MULTIPLE BENEFICIARIES.
(a) Permit Spouse and Former Spouse Coverage- Section 1448(b)(2) of title
10, United States Code, is amended--
(1) in subparagraph (B)--
(A) by striking `prevents payment' and inserting `reduces the amount';
and
(B) by striking `including payment' and inserting `including the amount
of an annuity'; and
(2) in subparagraph (C), by striking `which former spouse is to be provided
the annuity' and inserting `the base amount applicable in determining the
amount of the annuity of each former spouse'.
(b) Permit Spouse and Former Spouse Annuities- Section 1450(a)(1) of such
title is amended to read as follows:
`(1) SURVIVING SPOUSE AND FORMER SPOUSE(S)- The eligible surviving spouse
and every eligible former spouse.'.
(c) Permit Reductions in Retired Pay in the Case of Multiple Beneficiaries-
Section 1452 of such title is amended by adding at the end the following new
subsection:
`(k) Reductions in Retired Pay in the Case of Multiple Beneficiaries- When
a participant in the Plan has elected to provide an annuity to a spouse and
to one or more former spouses, reductions in retired pay required by subsection
(a) shall be made for each annuity elected, in an amount based on the base
amount applicable to each annuity. In the case of a reduction in retired pay
to provide an annuity to a former spouse to whom payment of a portion of a
member's retired pay is being made pursuant to a court order under section
1408 of this title, such reduction in retired pay shall be deducted from the
amounts paid to such member, to such former spouse, or both, as provided by
court order or by agreement of the parties.'.
(d) Effective Date- The amendments made by subsections (a), (b), and (c) apply
with respect to elections made on or after the date of enactment of this Act.
Any election to provide an annuity to a spouse or former spouse who was prevented
from being a beneficiary under the laws in effect before the date of enactment
of this Act shall be made within 180 days following the date of enactment
of this Act.
(e) Coverage for Survivors of Retirement-Eligible Members Who Die on Active
Duty- (1) Section 1448(d) of such title is amended--
(A) in paragraph (3), by striking `the secretary--(A) may not pay an annuity
under paragraph (1) or (2); but (B)' and inserting `the Secretary'; and
(B) by amending paragraph (5) to read as follows:
`(5) COMPUTATION- (A) The amount of an annuity payable to a former spouse
pursuant to paragraph (3) shall be computed on the basis of a base amount
equal to the amount of retired pay that, under the authority of section
1408(c) of this title, is treated under a court order or spousal agreement
as the property of such former spouse.
`(B) The amount of an annuity payable under paragraph (1) or (2) shall be
computed under section 1451(c) of this title; however, the retired pay otherwise
applicable with respect to such computation shall be reduced by an amount
equal to the base amount that provides the basis for computing the amount
of an annuity payable to a former spouse under paragraph (3) of this subsection.'.
(2) Effective Date- The amendments made by paragraph (1) shall apply with
respect to survivors of retirement-eligible members who die on active duty
on or after the date of enactment of this Act.
(f) Coverage for Survivors of Persons Dying When Eligible To Elect Reserve
Component Annuity- (1) Section 1448(f) of such title is amended--
(A) by striking `the Secretary--(A) may not pay an annuity under paragraph
(1) or (2); but (B)' and inserting `the Secretary'; and
(B) by amending paragraph (4) to read as follows:
`(4) COMPUTATION- (A) The amount of an annuity payable to a former spouse
pursuant to paragraph (3) shall be computed on the basis of a base amount
equal to the amount of retired pay that, under the authority of section
1408(c) of this title, is treated under a court order or spousal agreement
as the property of such former spouse.
`(B) The amount of an annuity payable under paragraph (1) or (2) shall be
computed under section 1451(c) of this title; however, the retired pay otherwise
applicable with respect to such computation shall be reduced by an amount
equal to the base amount that provides the basis for computing the amount
of an annuity payable to a former spouse under paragraph (3) of this subsection.'.
(2) Effective Date- The amendments made by paragraph (1) shall apply with
respect to survivors of persons eligible to elect Reserve component annuity
retirement-eligible members who die on or after the date of enactment of this
Act.
SEC. 624. SURVIVOR BENEFIT PLAN: FINANCIAL RESPONSIBILITY FOR SURVIVOR BENEFIT
PLAN PARTICIPATION.
(a) Spouse and Former Spouse Annuities- Section 1452(a) of title 10, United
States Code, is amended--
(1) in paragraph (1), by inserting `paragraph (6) of this subsection or'
after `Except as provided in'; and
(2) by adding at the end the following new paragraph:
`(6) COURT ORDER- If a court order requires the former spouse to pay all
or a part of the costs associated with providing an annuity to the former
spouse, the participant's retired pay shall not be reduced by the portion
that the former spouse is required to pay. The portion of Plan costs that
a former spouse is required to pay pursuant to a Court order under this
paragraph must either be paid by direct remittance or as a deduction from
the former spouse's share of the member's retired pay that is received by
direct payment pursuant to section 1408 of this title.'.
(b) Effective Date- The amendment made by this section shall apply with respect
to divorces, dissolutions, annulments, or legal separations that become effective
after the end of the 90-day period beginning on the date of enactment of this
Act.
SEC. 625. SURVIVOR BENEFIT PLAN: PRESUMPTIVE PROPORTIONATE SHARE.
(a) Presumptive Base Amount for Former Spouse- Section 1447(6) of title 10,
United States Code, is amended by adding at the end the following new subparagraph:
`(D) PRESUMPTIVE PROPORTIONATE AMOUNT FOR FORMER SPOUSE- In the case of
an annuity provided under the Plan for a former spouse, unless otherwise
agreed to by the member and former spouse or ordered by a court, such
term means any amount of monthly retired pay, which is not less than $300,
payable to such former spouse as a result of a court treating disposable
retired pay of a member as the property of the member and his spouse under
the authority of section 1408(c).'.
(b) Effective Date- The amendments made by this section shall apply with respect
to divorces, dissolutions, annulments, and legal separations that become effective
after the end of the 90-day period beginning on the date of enactment of this
Act.
SEC. 626. REVOCATION OF TEN-YEAR RULE FOR DIRECT PAYMENT OF RETIRED PAY.
(a) Revocation of Ten-Year Rule- Section 1408(d) of title 10, United States
Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) through (7) as paragraphs (2) through
(6), respectively.
(b) Effective Date- The amendments made by this section shall take effect
on the first day of the first month which begins more than 120 days after
the date of enactment of this Act and shall apply only to payments of retired
pay for periods beginning on or after the effective date of this section in
the case of any former spouse of a member or former member of the uniformed
services.
SEC. 627. ALLOWING MEMBER TO SUBMIT APPLICATION FOR DIRECT PAYMENT.
(a) Permit Application for Direct Payment by Member- Section 1408(d) of title
10, United States Code, is amended in the first sentence of paragraph (1)
by inserting `by a member or former member or the spouse or former spouse
of such member' after `the Secretary concerned'.
(b) Conditions for Direct Payment- Section 1408(d) of such title is further
amended by adding at the end the following new paragraph:
`(8) A former spouse who accepts payment shall be deemed--
`(A) to have consented and agreed to the recovery of any future overpayments,
including recovery by involuntary collection from the former spouse or
his or her estate; and
`(B) to have agreed to give prompt notice in writing to the Secretary
if--
`(i) the operative court order upon which payment is based is vacated,
modified, or set aside;
`(ii) the former spouse remarries, if all or a part of the payment is
for alimony; or
`(iii) the former spouse is ineligible for child support payments due
to the death, emancipation, adoption, or attainment of majority of a
child whose support is provided through direct payment to a former spouse
from retired pay.'.
(c) Effective Date- The amendments made by this section shall apply to applications
for direct payment of retired pay submitted to the Secretary concerned after
the end of the 90-day period beginning on the date of enactment of this Act.
SEC. 628. DISREGARD PERIODS OF CONFINEMENT FOR DEPENDENT VICTIMS OF ABUSE.
(a) Disregard Periods of Confinement for Dependent Victims of Abuse- Paragraph
(2)(A) of section 1408(h) of title 10, United States Code, is amended by inserting
`(including any periods of confinement served prior to convening authority
action on the record of trial related to the misconduct that resulted in the
termination of eligibility to receive retired pay)' after `on the basis of
years of service'.
(b) Effective Date- The amendment made by subsection (a) shall be effective
as of October 23, 1992, as if included in section 1408(h) of title 10, United
States Code, as enacted by section 653(a)(2) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484).
SEC. 629. CLARIFYING AMENDMENT REGARDING JURISDICTION FOR PURPOSES OF ALLOCATION
OF RETIRED PAY UNDER THE UNIFORMED SERVICES FORMER SPOUSE PROTECTION ACT.
Section 1408(c) of title 10, United States Code, is amended by striking paragraph
(4).
SEC. 630. DIVISION OF RETIRED PAY TO BE BASED ON MEMBER'S LENGTH OF SERVICE
AND PAY GRADE AT TIME OF DIVORCE.
(a) In General- Section 1408(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
`(5) In the case of a member as to whom a decree of divorce, dissolution,
annulment, or legal separation becomes final before the date on which the
member begins to receive retired pay, the total monthly retired pay to which
a member is entitled, for purposes of determining `disposable retired pay',
as defined in paragraph (4) of subsection (a), that a court may treat in
the manner described in paragraph (1), shall be limited to retired pay computed
based on the pay grade, and the length of service of the member while married,
that are creditable toward entitlement to basic pay and to retired pay as
of the date a marital property interest in retired pay terminates. Amounts
so calculated shall be increased by the cumulative percentage of increases
in basic pay and retired pay between the date a marital property interest
in retired pay terminates and the effective date of the member's retirement.
Upon request and pursuant to regulations, the Secretary concerned shall
calculate disposable retired pay described in this paragraph.'.
(b) Effective Date- The amendment made by subsection (a) shall apply with
respect to divorces, dissolutions, annulments, and legal separations that
become effective after the end of the 90-day period beginning on the date
of enactment of this Act.
SEC. 631. INCREASES FOR DIVISIONS OF RETIRED PAY EXPRESSED AS A DOLLAR AMOUNT.
(a) Monetary Amount Adjustment- Section 1408(a)(2)(C) of title 10, United
States Code, is amended by striking `expressed in dollars' and inserting `expressed
as a specific dollar amount, with such amount, if so ordered, being adjusted
in the same manner and at the same time as retired pay is adjusted to reflect
changes in the Consumer Price Index under section 1401a of this title,'.
(b) Effective Date- The amendment made by subsection (a) shall apply with
respect to court orders that become effective after the end of the 90-day
period beginning on the date of enactment of this Act.
SEC. 632. ALLOW MEMBER TO WAIVE NOTICE AND PROVIDE COURT ORDER UPON REQUEST.
(a) Allow Member To Waive Notice and Provide Court Order Upon Request- Section
1408(g) of title 10, United States Code, is amended--
(1) by striking `A person' and inserting `Unless notice is waived by the
member, a person'; and
(2) by striking `(together with a copy of such order)' and inserting `and,
upon request, a copy of such order'.
(b) Effective Date- The amendments made by this section shall apply to court
orders received by the Secretary concerned after the end of the 90-day period
beginning on the date of enactment of this Act.
Subtitle D--Other Matters
SEC. 641. FAMILY PET SHIPMENT DURING EVACUATION OF NON-ESSENTIAL PERSONNEL.
Section 406(b)(1) of title 37, United States Code, is amended by adding at
the end the following new subparagraph:
`(H) Except as provided in paragraph (2), in connection with an evacuation
from a permanent station located in a foreign area, a member is entitled
to transportation of no more than two family household pets (to include
shipment and the payment of quarantine costs, if any). Alternatively,
the member may be paid reimbursement or a monetary allowance under subparagraph
(F) if other commercial transportation means have been used. Exotic pets,
endangered species, horses or livestock, or large pets weighing in excess
of 150 pounds are not authorized.'.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
SEC. 701. REVISING TRICARE PROGRAM COST SHARING AMOUNTS.
(a) Authority- Section 1086(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
`(5) Notwithstanding paragraphs (1) through (4), the Secretary of Defense
shall promulgate regulations to revise the requirements for payments by
beneficiaries under this subsection in order to reflect increases in health
care costs. Such requirements, which may include a revised deductible amount,
an enrollment fee, and future indexing, need not be uniform for all such
beneficiaries. Any such enrollment fee may be a condition of eligibility
for health care benefits under chapter 55 of this title.'.
(b) Implementation- The Secretary of Defense shall promulgate the regulations
required by section 1086(b)(5) of title 10, United States Code, as added by
subsection (a), after first considering the recommendations of the Task Force
on the Future of Military Health Care regarding the beneficiary and Government
cost sharing structure required to sustain military health benefits over the
long term, as required by subsection (c)(3)(H) of section 711 of the John
Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2083). The regulations shall become effective not later
than 90 days after the date of enactment of this Act. The Secretary shall
submit the regulations, and a report describing the rationale for the changes
promulgated, to the Committees on Armed Services of the Senate and House of
Representatives at least 30 days before such regulations become effective.
SEC. 702. CHANGES IN PAYMENT OPTIONS FOR TRICARE PRIME.
(a) Monthly Deductions- Section 1097a(c) of title 10, United States Code,
is amended to read as follows:
`(c) Enrollment Fee Payments- The Secretary of Defense shall establish procedures
for the collection of enrollment fees charged for an enrollment in TRICARE
Prime to a member or former member of the uniformed services eligible for
medical care under section 1074(b) of this title from the member's retired
pay, retainer pay, or equivalent pay, as the case may be. To the maximum extent
practicable, the enrollment fee payable by a member entitled to such pay shall
be deducted and withheld from the retired pay of the member (if pay is available
to the member).'.
(b) Charges for Health Care- Section 1097(e) of such title is amended by striking
`shall permit such covered beneficiaries to pay, on a quarterly basis,' and
inserting `may permit such covered beneficiaries whose retired pay, retainer
pay, or equivalent pay, as the case may be, is insufficient for them to pay
enrollment fees by deduction from such pay as specified in section 1097a of
this title to pay, in full at the beginning of the enrollment period or on
a quarterly basis, by check, money order, credit card, or electronic funds
transfer'.
SEC. 703. OBSTETRICAL TRAVEL FOR COMMAND-SPONSORED DEPENDENTS OF UNIFORMED
MEMBERS ASSIGNED TO VERY REMOTE AREAS OUTSIDE THE CONTINENTAL UNITED STATES.
Section 1040 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting `, and subject to subsection (e)' after
`subsection (b)'; and
(2) by adding at the end the following new subsection:
`(e) With respect to the provision of obstetrical care, appropriate medical
attention includes the availability or provision of obstetrical anesthesia
equal to the services available in a Military Treatment Facility located in
the United States. If these services are not available in remote areas outside
the continental United States and air transportation would be needed to travel
to the nearest appropriate medical facility in which adequate medical care
is available, then the Secretary may authorize the beneficiary to choose to
receive transportation to the continental United States and be treated at
a Military Treatment Facility, that can provide appropriate obstetrical services,
nearest to the closest port of entry into the continental United States. All
other benefits of subsection (a) shall apply, provided that the United States
shall incur no greater cost than would be incurred in connection with transportation
(including per diem) to the nearest appropriate medical facility in which
adequate medical care is available outside the continental United States.'.
Subtitle B--Other Matters
SEC. 711. MENTAL HEALTH EVALUATIONS OF MEMBERS OF THE ARMED FORCES BY MASTERS-LEVEL
CLINICAL SOCIAL WORKERS WITH AN INDEPENDENT LICENSE.
Section 546(g)(3) of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 106 Stat. 2419), is amended by striking `doctorate'
and inserting `license'.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
SEC. 811. UNMANNED SYSTEMS.
Section 941 of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2083) is amended--
(1) by amending subsection (a) to read as follows:
`(a) The Department of Defense shall develop a policy, to be applicable throughout
the Department of Defense on research, development, test and evaluation, and
procurement, of unmanned systems in a manner that is fiscally responsible
and enhances war fighter capability.';
(A) by amending paragraph (1) to read as follows:
`(1) An identification of Joint Capability Areas in which unmanned systems
can potentially provide the means to address potential capability gaps.';
(B) by amending paragraph (2) to read as follows:
`(2) Deliberate consideration of unmanned systems as potential candidates
for acquisition when a materiel solution has been deemed appropriate for
satisfying a capability requirement.'; and
(C) in paragraph (5), by striking `, including' and all that follows through
`systems'; and
(3) by amending subsection (d) to read as follows:
`(d) Roadmap- The Department of Defense shall develop and implement a roadmap
that includes--
`(1) goals for the development of unmanned system technologies to address
capabilities identified pursuant to subsection (b)(1); and
`(2) the establishment of programs to address technical, operational, and
production challenges, and gaps in capabilities, with respect to unmanned
systems.'.
SEC. 812. ADDITION OF DESIGNATED MAJOR SUBPROGRAMS TO MAJOR DEFENSE ACQUISITION
PROGRAMS.
Title 10, United States Code, is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new subsection (b):
`(b) The Secretary of Defense may further designate a major subprogram of
a major defense acquisition program whenever such further designation is deemed
appropriate for the purposes of acquisition reporting.';
(I) by inserting `or designated major subprogram of a major defense
acquisition program' after `with respect to a major defense acquisition
program'; and
(II) by inserting `or designated major subprogram' after `the acquisition
program' each place it appears; and
(ii) in paragraph (2), by inserting `or designated major subprogram'
after `major defense acquisition program' each place it appears;
(B) in subsection (c)(1), by inserting `or designated major subprogram'
after `major defense acquisition program' each places it appears; and
(C) in subsection (e), by inserting `or designated major subprogram' after
`major defense acquisition program';
(i) in paragraph (2), by striking `included in the baseline description
of the program' and inserting `included in the baseline description
of the program or designed major subprogram';
(ii) in paragraph (4), by striking `major defense acquisition program'
and inserting `major defense acquisition program or designated major
subprogram'; and
(iii) in paragraph (5), by striking `major defense acquisition program'
and inserting `major defense acquisition program or designated major
subprogram';
(B) in subsection (c), by striking `program acquisition unit cost for
the program or the procurement unit cost for the program' and inserting
`program acquisition unit cost for the program or designated major subprogram
or the procurement unit cost for the program or designated subprogram,';
(i) in paragraph (1), by striking `with respect to a program' and inserting
`with respect to a major defense acquisition program or designated major
subprogram,';
(ii) in paragraph (2), by striking `with respect to a program' and inserting
`with respect to a major defense acquisition program or designated major
subprogram,'; and
(iii) in paragraph (3), by striking `with respect to such program' and
inserting `with respect to such major defense acquisition program or
designated major subprogram';
(i) in paragraph (1), by striking `major defense acquisition program'
and inserting `major defense acquisition program or designated major
subprogram'; and
(ii) in paragraph (2), by striking `major defense acquisition program'
and inserting `major defense acquisition program or designated major
subprogram'; and
(E) in subsection (g)(1)--
(i) in subparagraph (F), by inserting before the period at the end the
following: `for each program and designated major subprogram'; and
(ii) in subparagraph (K), by inserting before the period at the end
the following: `for each program and designated major subprogram'; and
(A) in subsection (a)(1), by striking `major defense acquisition program
under the jurisdiction of such Secretary' and inserting `major defense
acquisition program or designated major subprogram of a major defense
acquisition program under the jurisdiction of such Secretary, heretofore
referred to as the program';
(i) by inserting `(1)' before `A baseline';
(ii) by redesignating paragraphs (1), (2), and (3) as subparagraphs
(A), (B), and (C), respectively; and
(iii) in paragraph (1), as redesignated by clause (ii), by striking
`major defense acquisition program' and inserting `major defense acquisition
program or major designated subprogram';
(i) in paragraph (1), by striking `major defense acquisition program'
and inserting `major defense acquisition program or major subprogram
of a major defense acquisition program';
(ii) in paragraph (2), by striking `major defense acquisition program'
and inserting `major defense acquisition program or designated major
subprogram'; and
(iii) in paragraph (3), by striking `major defense acquisition program'
and inserting `major defense acquisition program or designated major
subprogram'; and
(D) in subsection (e)(2)--
(i) by striking `program manager for a program' and inserting `or program
manager for a program or designated major subprogram'; and
(ii) by striking `any other factor of the program' and inserting `any
other factor of the program or designed major subprogram'.
Subtitle B--Amendments to General Contracting Authorities, Procedures, and
Limitations
SEC. 821. MODIFICATION OF AUTHORITY TO ACCEPT FINANCIAL AND OTHER INCENTIVES
RELATED TO ENERGY SAVINGS AND SIMILAR NEW AUTHORITY RELATED TO ENERGY SYSTEMS.
(a) Energy Savings- Section 2913(c) of title 10, United States Code, is amended
by inserting `, State or local government' after `gas or electric utility'.
(b) Energy Systems- Section 2915 of such title is amended by adding at the
end the following new subsection:
`(f) Acceptance of Financial Incentive, Financial Assistance, or Services-
The Secretary of Defense may authorize any military installation to accept
any financial incentive, financial assistance, or services generally available
from a State or local government, gas or electric utility, to use or construct
an energy system using solar energy or other renewable form of energy if the
use or construction of the system is consistent with the energy performance
goals and energy performance plan for the Department of Defense developed
under section 2911 of this title.'.
Subtitle C--Other Matters
SEC. 831. APPLICABILITY OF THE RESTRICTION ON SPECIALTY METALS.
(a) In General- Section 2533b(k) of title 10, United States Code, is amended
to read as follows:
`(k) National Security Exception- Subsection (a) does not apply to procurements
for which the Secretary of Defense or the Secretary of the military department
concerned determines in writing that an exception is in the national security
interest of the United States.'.
(b) Conforming Amendment- Subsection (a) of such section is amended by striking
`(j)' and inserting `(k)'.
SEC. 832. REPEAL OF THE MILITARY SYSTEM BREAKOUT LIST.
Section 813 of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1543) is repealed.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
SEC. 901. PERMANENT AUTHORITY TO ACCEPT GIFTS TO BENEFIT MEMBERS OF THE
ARMED FORCES AND DEPARTMENT OF DEFENSE EMPLOYEES INJURED OR KILLED IN LINE
OF DUTY AND THEIR DEPENDENTS.
Section 2601(b) of title 10, United States Code, is amended by striking paragraph
(4).
SEC. 902. MODIFICATION OF PROCEDURES TO PRESERVE THE SEARCH AND RESCUE CAPABILITIES
OF THE FEDERAL GOVERNMENT CONSISTENT WITH MILITARY REQUIREMENTS.
Section 1085 of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2065) is amended--
(1) in the matter before paragraph (1)--
(A) by striking `capabilities at any military installation' and inserting
`units at any military installation';
(B) by striking `equivalent' and inserting `adequate'; and
(C) By striking `by--' and inserting `by one or a combination of--';
(2) by striking `or' at the end of paragraph (1);
(A) by inserting `, through active-duty, Reserve component, or National
Guard assets,' after `directly'; and
(B) by striking the period at the end and inserting `; or'; and
(4) by adding at the end the following new paragraph:
`(3) State and local government agencies in the relevant area.'.
SEC. 903. REPEAL OF PERSONNEL LIMITATIONS ON OFFICE OF THE SECRETARY OF
DEFENSE, DEFENSE AGENCIES, DOD FIELD ACTIVITIES, AND MILITARY DEPARTMENT HEADQUARTERS.
(a) Repeal- (1) Sections 143 and 194 of title 10, United States Code, are
repealed.
(2) The table of sections at the beginning of chapter 4 of such title is
amended by striking the item relating to section 143.
(3) The table of sections at the beginning of subchapter I of chapter 8
of such title is amended by striking the item relating to section 194.
(b) Removal of Personnel Limitations From Military Department Headquarters
Activities- Sections 3014, 5014, and 8014 of such title are amended by striking
subsection (f).
(c) Construction- Nothing in this section is intended to diminish the authorities
of the Secretary of Defense and the Director of National Intelligence as set
out in section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
with respect to--
(1) the development, determination, and management of the annual budgets
of the Joint Military Intelligence Program and the National Intelligence
Program; and
(2) the role of the Director of National Intelligence in the transfer and
reprogramming of funds or personnel.
Subtitle B--Chemical Demilitarization Program
SEC. 911. CHEMICAL DEMILITARIZATION CITIZENS' ADVISORY COMMISSION IN COLORADO
AND KENTUCKY.
Section 172 of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2341) is amended by adding at the end the following
new subsection:
`(i) Colorado and Kentucky Chemical Demilitarization Citizens Advisory Commissions-
Notwithstanding subsections (b), (f), and (g), and consistent with the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 112 Stat. 1920) and the Department of Defense Appropriations Act,
2003 (Public Law 107-248; 116 Stat. 1519), responsibilities for the Chemical
Demilitarization Citizens Advisory Commissions in Colorado and Kentucky will
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 will 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 will meet with these
commissions not less often than twice a year. Funds appropriated for the Assembled
Chemical Weapons Alternatives Program will be used for travel and associated
travel cost 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. 912. MODIFY THE TERMINATION REQUIREMENTS FOR ASSISTANCE TO STATE AND
LOCAL GOVERNMENTS UNDER THE CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS PROGRAM.
Subparagraph (B) of section 1412(c)(5) of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 99 Stat. 748; 50 U.S.C. 1521), as amended, is
further amended to read as follows:
`(B) Assistance may be provided under this paragraph until all activities
associated with the close-out of grants and cooperative agreements provided
pursuant to subparagraph (A) between the Federal Emergency Management
Agency and State and local governments are complete, but such assistance
may not be provided after 6 months from the date agent destruction operations
have been completed in such jurisdiction.'.
SEC. 913. QUALIFICATIONS CHANGE FOR THE DIRECTOR OF THE U.S. ARMY CHEMICAL
MATERIALS AGENCY.
Section 1412(e)(3) of the Department of Defense Authorization Act, 1986 (Public
Law 99-145; 50 U.S.C. 1521(e)(3)), as amended by section 153(c) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
216), is amended--
(1) by inserting `and shall prescribe qualifications' before the period
at the end of the first sentence; and
(2) by striking the second sentence.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. INCREASE LIMITATION ON ADVANCE BILLING OF WORKING CAPITAL FUND
CUSTOMERS.
Section 2208(l)(3) of title 10, United States Code, is amended by striking
`$1,000,000,000' and inserting `$2,000,000,000'.
SEC. 1002. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE TO DOD WORKING
CAPITAL FUND ACCOUNT PROPERTY.
Section 7623(b) of title 10, United States Code, is amended by striking the
last sentence and inserting the following new sentence: `Amounts received
under this section shall be covered into the Treasury as miscellaneous receipts,
except that amounts received for damage or loss to property operated and maintained
with funds from a Department of Defense working capital fund account shall
be credited to that account.'.
SEC. 1003. REFINED PETROLEUM PRODUCTS, MARGINAL EXPENSE TRANSFER ACCOUNT.
(a) In General- Chapter 131 of title 10, United States Code, is amended by
inserting after section 2228 the following new section:
`Sec. 2228a. Refined petroleum products, marginal expense transfer account
`(a) Account- There is established in the Treasury the `Refined Petroleum
Products, Marginal Expense Transfer Account' (`Transfer Account'). During
any fiscal year, amounts in the Transfer Account shall be available without
further appropriation to pay the marginal costs needed to purchase up to the
quantity of refined petroleum products specified in the fiscal year budget
request for use by Department of Defense entities for such year.
`(b) Calculation of Marginal Costs- Marginal costs shall be calculated as
the difference between the actual market prices paid by the Department of
Defense for the refined petroleum products in a fiscal year and the prices
specified for the purchase of such products in the President's budget for
that year.
`(c) Transfer of Funds- (1) During the course of any fiscal year, amounts
sufficient to pay the marginal costs under subsection (a) shall be transferred
from the Transfer Account to the Defense-Wide Working Capital Fund.
`(2) To the extent that the price specified for the purchase of refined petroleum
products in the President's budget submission for a fiscal year exceed the
actual market prices paid by the Department for such products purchased in
that year, the difference in price shall be transferred from the Defense-Wide
Working Capital Fund to the Transfer Fund and such amounts shall be cancelled.
`(3) The transfer of such additional amount needed, amounts not needed through
August, and an estimate for September should be transferred before the end
of the fiscal year, with a final accounting and transfer within 60 days after
the end of the fiscal year.
`(4) The transfer authority provided by this section is in addition to any
other transfer authority available to the Department of Defense.
`(d) Authorization of Appropriations- There is appropriated to the Transfer
Account such sums as may be necessary to carry out 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 2228 the following
new item:
`2228a. Refined petroleum products, marginal expense transfer account.'.
Subtitle B--Policy Relating to Vessels and Shipyards
SEC. 1011. TEMPORARY WAIVER OF THE MINIMUM AIRCRAFT CARRIER REQUIREMENT.
Section 5062(b) of title 10, United States Code, is amended by inserting after
the first sentence the following new sentence: `Notwithstanding the preceding
sentence or any other provision of law, the naval combat forces of the Navy
may include less than 11 operational aircraft carriers for the period of time
between the decommissioning of the USS ENTERPRISE (CVN 65) and the commissioning
of the CVN 78.'.
SEC. 1012. CLARIFICATION OF STATUS OF GOVERNMENT RIGHTS IN THE DESIGNS OF
DEPARTMENT OF DEFENSE VESSELS, BOATS, CRAFT, AND COMPONENTS THEREOF.
(a) In General- Chapter 633 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 7317. Status of Government rights in the designs of vessels, boats,
craft, and components thereof
`Notwithstanding any other provision of law, Government rights in the design
of a vessel, boat, or craft, and its components, including the hull, decks,
superstructure, and all shipboard equipment and systems, shall be determined
solely 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, craft,
and components thereof.'.
SEC. 1013. RIDING GANG MEMBER REQUIREMENTS.
(a) In General- Section 1018 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2381) is amended--
(A) by amending paragraph (1) to read as follows:
`(1) 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 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.';
(B) by striking paragraphs (2) and (3); and
(C) by redesignating paragraph (4) as paragraph (2); and
(2) in subsection (b), by amending paragraph (1) to read as follows:
`(1) IN GENERAL- Pursuant to regulations issued by the Secretary of Defense,
an individual--
`(A) who is aboard a vessel, which 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
`(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,
shall not be deemed a riding gang member for the purposes of title 46,
United States Code.'.
(b) Technical Amendments- Section 1018(a)(2), as redesignated in subsection
(a), is amended by striking `8106' and inserting `2101'.
SEC. 1014. NAVY VESSEL MESS OPERATION: REIMBURSEMENT OF EXPENSES.
(a) In General- The charge made pursuant to section 1011 of title 37, United
States Code, for meals sold by messes for United States Naval and Naval Auxiliary
vessels may be paid for out of amounts appropriated for operation and maintenance
when meals are provided to--
(1) members of nongovernmental organizations and officers or employees of
host and foreign nations when participating in or providing support to United
States civil-military operations; or
(2) foreign national patients treated during United States conduct of civil-military
operations and their escorts.
(b) Expiration of Authority- The authority to pay for meals under subsection
(a) shall expire on September 30, 2010.
Subtitle C--Counter-Drug Activities
SEC. 1021. USE OF FUNDS FOR COUNTER-DRUG AND COUNTER-TERRORISM.
Section 1022(b) of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136; 117 Stat. 1594), as amended by section 1021 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. XX), is amended by striking `through 2008' and inserting
`through 2009'.
Subtitle D--Matters Related to Homeland Security
SEC. 1031. RESERVE SUPPORT FOR RESPONSES TO CERTAIN EMERGENCIES.
Section 12304(b) of title 10, United States Code, 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) in the case of the Army Reserve, Navy Reserve, Air Force Reserve, Marine
Corps Reserve, and the Coast Guard Reserve, a major disaster or emergency
as those terms are defined in section 5122 of title 42.'.
SEC. 1032. RESERVE SUPPORT TO MAJOR PUBLIC EMERGENCIES.
Section 333 of title 10, United States Code, is amended by inserting `and
order to active duty units or members of the Army Reserve, Navy Reserve, Air
Force Reserve, Marine Corps Reserve, and Coast Guard Reserve,' after `Federal
service,'.
SEC. 1033. RESERVE SUPPORT TO ENFORCEMENT OF FEDERAL AUTHORITY.
Section 332 of title 10, United States Code, is amended by inserting `order
to active duty units or members of the Army Reserve, Navy Reserve, Air Force
Reserve, Marine Corps Reserve, and Coast Guard Reserve,' after `militia of
any State,'.
SEC. 1034. RESERVE SUPPORT TO FEDERAL AID FOR STATE GOVERNMENTS.
Section 331 of title 10, United States Code, is amended by inserting `order
to active duty units or members of the Army Reserve, Navy Reserve, Air Force
Reserve, Marine Corps Reserve, and Coast Guard Reserve,' after `requested
by that State,'.
SEC. 1035. PROCUREMENT OF EQUIPMENT BY STATE AND LOCAL GOVERNMENTS.
(a) In General- Section 381 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking `law enforcement'; and
(ii) by inserting `, homeland security, counter-terrorism, and emergency
response' after `counter-drug';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by inserting `, homeland security,
counter-terrorism, and emergency response' after `counter-drug'; and
(ii) in clause (i), by striking `law enforcement';
(C) in subparagraph (C), by striking `law enforcement' each place it appears;
and
(D) in subparagraph (D), by striking `law enforcement';
(A) by striking `law enforcement'; and
(B) by inserting `, homeland security, counter-terrorism, and emergency
response' after `counter-drug'; and
(A) in paragraph (2), by inserting `or emergency response' after `law
enforcement' both places it appears; and
(i) by striking `law enforcement';
(ii) by inserting `, homeland security, counter-terrorism, and emergency
response' after `counter-drug'; and
(iii) by inserting `and, in the case of homeland security, may not include
any equipment that is not found on the Authorized Equipment List as
published by the Department of Homeland Security' after `purposes'.
(b) Clerical Amendments- (1) The heading of such section is amended to read
as follows:
`Sec. 381. Procurement by State and local governments of equipment suitable
for counter-drug, homeland security, counter-terrorism, and emergency response
activities through the Department of Defense'.
(2) The table of sections at the beginning of chapter 18 of such title is
amended by striking the item relating to section 381 and inserting the following
new item:
`381. Procurement by State and local governments of equipment suitable for
counter-drug, homeland security, counter-terrorism, and emergency response
activities through the Department of Defense.'.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. MINIMUM ANNUAL PURCHASE AMOUNTS FOR AIRLIFT FROM CARRIERS PARTICIPATING
IN THE CIVIL RESERVE AIR FLEET.
(a) In General- Chapter 931 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 9515. Airlift services: minimum annual purchase amount for carriers
participating in Civil Reserve Air Fleet
`(a) In General- The Secretary of Defense may award to air carriers or air
carrier contractor team arrangements (carriers) participating in the Civil
Reserve Air Fleet on a fiscal year basis a one-year contract for airlift services
with a minimum purchase amount determined in accordance with this section.
`(b) Minimum Purchase Amount- (1) The aggregate amount of the minimum purchase
amount for all contracts awarded under subsection (a) for a fiscal year shall
be based on forecast needs, but may not exceed the amount equal to 80 percent
of the annual average expenditure of the Department of Defense for commercial
airlift during the five-fiscal year period ending in the fiscal year before
the fiscal year for which such contracts are awarded.
`(2) In calculating the annual average expenditure of the Department of Defense
for airlift for purposes of paragraph (1), the Secretary of Defense shall
omit from the calculation any fiscal year exhibiting unusually high demand
for commercial airlift if the Secretary determines that the omission of such
fiscal year from the calculation will result in a more accurate forecast of
anticipated commercial airlift for purposes of that paragraph.
`(3) The aggregate amount of the minimum purchase amount for all contracts
awarded under subsection (a) for a fiscal year, as determined under paragraph
(1), shall be allocated among all carriers awarded contracts under that subsection
for such fiscal year in proportion to the commitments of such carriers to
the Civil Reserve Air Fleet for such fiscal year.
`(c) Adjustment to Minimum Purchase Amount for Periods of Unavailability of
Airlift- In determining the minimum purchase amount payable under a contract
under subsection (a) for airlift provided by a carrier during the fiscal year
covered by such contract, the Secretary of Defense may adjust the amount allocated
to the carrier under subsection (b)(3) to take into account periods during
such fiscal year when services of the carrier are unavailable for usage by
the Department of Defense, including during periods of refused business or
suspended operations or when the carrier is placed in nonuse status pursuant
to section 2640 of this title for safety issues.
`(d) Distribution of Amounts- If any amount available under this section for
the minimum purchase of airlift from a carrier for a fiscal year under a contract
under subsection (a) is not utilized to purchase airlift from the carrier
in such fiscal year, such amount shall be provided to the carrier before the
first day of the following fiscal year.
`(e) Commitment of Funds- The Secretary of each military department shall
transfer to the transportation working capital fund a percentage of the total
amount anticipated to be required in such fiscal year for payment of minimum
purchase amounts under all contracts awarded under subsection (a) for such
fiscal year equivalent to the percentage of the anticipated use of airlift
by such military department during such fiscal year from all carriers under
contracts awarded under subsection (a) for such fiscal year. All such amounts
will be transferred by the last day of the fiscal year to meet the requirements
of (d) above unless minimum purchase amounts have already been met by the
Department.
`(f) Availability of Airlift- (1) From the total amount of airlift available
for a fiscal year under all contracts awarded under subsection (a) for such
fiscal year, a military department shall be entitled to obtain a percentage
of such airlift equivalent to the percentage of the contribution of the military
department to the transportation working capital fund for such fiscal year
under subsection (e).
`(2) A military department may transfer any entitlement to airlift under paragraph
(1) to any other military department or to any other agency, element, or component
of the Department of Defense.
`(g) Eligibility- In order to be eligible for the higher minimal business
guarantees authorized by this section, carriers must--
`(1) have an average on-time pickup rate, based on factors within the air
carrier's control, of at least 90 percent if under contract with the Department
in the prior year;
`(2) offer some amount of commitment to the Civil Reserve Air Fleet in excess
of the minimum required for participation; and
`(3) not have refused a DOD request to act as a host for other CRAF carriers
at intermediate staging bases during the prior year.
`(h) Sunset- The authorities in this section shall expire on December 31,
2015.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
`9515. Airlift services: minimum annual purchase amount for carriers participating
in Civil Reserve Air Fleet.'.
Subtitle F--Other Matters
SEC. 1051. PRESENTATION OF BURIAL FLAG TO SPOUSES.
Section 1482(a) of title 10, United States Code, is amended by adding at the
end the following new paragraph:
`(12) Presentation of a flag of equal size to the flag presented under paragraph
(10) to the surviving spouse (including a remarried surviving spouse) of
the deceased member if the person to be presented a flag under paragraph
(10) is other than the spouse.'.
SEC. 1052. 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 have an estimated total
cost for the fiscal year for which the budget is submitted in excess of
$30,000,000 and been determined by the Department of Defense Chief Information
Officer and the Office of Management and Budget to be significant investments
and are required to submit a Capital Asset Plan (Exhibit 300) to OMB in
accordance with OMB Circular A-11, Section 300.'.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. INCREASE IN AUTHORIZED NUMBER OF DEFENSE INTELLIGENCE SENIOR
EXECUTIVE SERVICE EMPLOYEES.
Section 1606(a) of title 10, United States Code, is amended by striking `594'
and inserting `694'.
SEC. 1102. TECHNICAL CHANGE TO THE DEFINITION OF A 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, 0511, or equivalent'.
TITLE XII--MATTERS RELATING TO BUILDING PARTNER CAPABILITIES TO COMBAT TERRORISM
AND ENHANCE STABILITY
Subtitle A--Enhancing Partners' Capacity for Effective Operations
SEC. 1201. 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 any fiscal year are available
for use for programs that begin in such fiscal year but end in the next fiscal
year.'.
Subtitle B--Setting Conditions Through Support for Local Populations
SEC. 1211. AMENDMENTS OF AUTHORITY FOR HUMANITARIAN ASSISTANCE.
Section 2561(a)(1) of title 10, United States Code, is amended by inserting
`and, with the concurrence of the relevant Chief of Mission, for stabilization
purposes' after `other humanitarian purposes'.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the `Military Construction Authorization Act
for Fiscal Year 2009'.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States- Using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(1), the Secretary of the Army may acquire
real property and carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set forth in the
following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Alabama Anniston Army Depot 45,000,000
Alaska Fort Richardson 15,000,000
Fort Wainwright 110,400,000
Arizona Fort Huachuca 11,200,000
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 Schofield Barracks 279,000,000
Wahiawa 40,000,000
Kansas Fort Riley 155,000,000
Kentucky Fort Campbell 108,113,000
Louisiana Fort Polk 29,000,000
Missouri Fort Leonard Wood 20,850,000
New York Fort Drum 90,000,000
United States Military Academy, West Point 67,000,000
North Carolina Fort Bragg 36,900,000
Oklahoma Fort Sill 63,000,000
Pennsylvania Carlisle Barracks 13,400,000
Tobyhanna Army Depot 15,000,000
South Carolina Fort Jackson 30,000,000
Texas Corpus Christi Storage Complex 39,000,000
Fort Bliss 1,031,800,000
Fort Hood 32,000,000
Fort Sam Houston 96,000,000
Red River Army Depot 6,900,000
Virginia Fort Belvoir 7,200,000
Fort Eustis 14,400,000
Fort Lee 100,600,000
Fort Myer 14,000,000
Washington Fort Lewis 158,000,000
Total 3,933,663,000
------------------------------------------------------------------------
(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
Total 244,850,000
-------------------------------------------------
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 Purpose Amount
--------------------------------------------------------
Germany Wiesbaden Air Base 326 Units 133,000,000
Korea Camp Humphreys 216 Units 125,000,000
Total 258,000,000
--------------------------------------------------------
(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.
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 $6,010,610,000 as follows:
(1) For military construction projects inside the United States authorized
by section 2101(a), $3,933,663,000.
(2) For military construction projects outside the United States authorized
by section 2101(b), $244,850,000.
(3) For unspecified minor military construction projects authorized by section
2805 of title 10, United States Code, $23,000,000.
(4) For architectural and engineering services and construction design under
section 2807 of title 10, United States Code, $200,807,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design, and improvement
of military family housing and facilities, $678,580,000.
(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),
$102,000,000.
(7) For the construction of increment 2 of the SOUTHCOM 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. xxxx), $81,600,000.
(8) For the construction of increment 2 of the BDE Complex--Barracks/Community
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. xxxx), $15,000,000.
(9) For the construction of increment 2 of the BDE 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. xxxx), $15,000,000.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States- Using amounts appropriated pursuant to the authorization
of appropriations in section 2204(1), the Secretary of the Navy may acquire
real property and carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set forth in the
following table:
Navy: Inside the United States
---------------------------------------------------------------------------------
State Installation or Location Amount
---------------------------------------------------------------------------------
Arizona Marine Corps Air Station, Yuma 19,490,000
California Marine Corps Base, Camp Pendleton 799,870,000
Marine Corps Logistics Base, Barstow 7,830,000
Marine Corps Air Station, Miramar 48,770,000
Naval Air Facility, El Centro 8,900,000
Naval Facility, San Clemente Island 34,020,000
Naval Air Station, North Island 53,262,000
Marine Corps Recruit Depot, San Diego 51,220,000
Marine Corps Base, Twentynine Palms 145,550,000
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 14,900,000
Naval Support Activity, Tampa 29,000,000
Georgia Marine Corps Logistics Base, Albany 15,320,000
Hawaii Marine Corps Base, Hawaii 28,200,000
Pacific Missile Range, Barking Sands 28,900,000
Naval Station, Pearl Harbor 80,290,000
Illinois Recruit Training Command, Great Lakes 62,940,000
Maryland Naval Surface Warfare Center, Indian Head 13,930,000
Mississippi Naval Construction Battalion Center, Gulfport 6,900,000
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 29,900,000
South Carolina Marine Corps Air Station, Beaufort 5,940,000
Marine Corps Recruit Depot, Parris Island 64,750,000
Virginia Marine Corps Base, Quantico 144,310,000
Naval Station, Norfolk 53,330,000
Total 2,384,942,000
---------------------------------------------------------------------------------
(b) Outside the United States- Using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(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
Total 175,500,000
-----------------------------------------------------------
(c) Unspecified Worldwide- Using the amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(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
Total 94,020,000
----------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition- Using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(6)(A), the Secretary of
the Navy may construct or acquire family housing units (including land acquisition
and supporting facilities) at the installations or locations, in the number
of units, and in the amount set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------
Location Installation or Location Purpose Amount
----------------------------------------------------------------------
Guantanamo Bay Naval Air Station, Guantanamo Bay 146 Units 62,598,000
Total 62,598,000
----------------------------------------------------------------------
(b) Planning and Design- Using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(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(a)(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 $3,855,239,000, as follows:
(1) For military construction projects inside the United States authorized
by section 2201(a), $2,384,942,000.
(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, $239,128,000.
(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 kilo 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. xxxx), $50,912,000.
(8) For the construction of increment 2 of the sub 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. xxxx), $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 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,
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),
$50,700,000.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2005
PROJECT INSIDE THE UNITED STATES.
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. xxxx), 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 INSIDE THE UNITED STATES.
(a) Modifications- (1) 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. 2083) is amended 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'.
(2) Section 2205(a)(17) of the military construction authorization act for
fiscal year 2008 (division b of public law 110-181; 122 stat. xxxx), is
amended--
(A) 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';
and
(B) by striking the amount identified as the total in the amount column
and inserting `$772,761,000'.
(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 (1), by striking `$56,159,000' and inserting `$64,508,000';
and
(2) in paragraph (2), by striking `$31,153,000' and inserting `$34,000,000'.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States- Using amounts appropriated pursuant to the authorization
of appropriations in section 2304(1), the Secretary of the Air Force may acquire
real property and carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------
Alabama Maxwell Air Force Base 15,556,000
Alaska Elmendorf Air Force Base 138,300,000
California Edwards Air Force Base 3,100,000
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 21,000,000
Georgia Robins Air Force Base 24,100,000
Maryland Andrews Air Force Base 77,648,000
Mississippi Columbus Air Force Base 8,100,000
Nevada Creech Air Force Base 48,500,000
Nellis Air Force Base 53,300,000
New Mexico Holloman Air Force Base 25,450,000
Oklahoma Tinker Air Force Base 48,600,000
South Carolina Charleston Air Force Base 4,500,000
Texas Fort Hood 10,800,000
Lackland Air Force Base 75,515,000
Utah Hill Air Force Base 36,000,000
Washington McChord Air Force Base 5,500,000
Wyoming Francis E. Warren Air Force Base 8,600,000
Total 660,569,000
------------------------------------------------------------
(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 5,200,000
Kyrgyzstan Manas Air Base 6,000,000
Qatar Qatar 59,638,000
United Kingdom Royal Air Force Lakenheath 7,400,000
Total 135,438,000
------------------------------------------------------
(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
Total 53,391,000
-----------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition- Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(6)(A), the Secretary of the
Air Force may construct or acquire family housing units (including land acquisition
and supporting facilities) at the installations, 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
Total 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 $1,930,236,000, as follows:
(1) For military construction projects inside the United States authorized
by section 2301(a), $660,569,000.
(2) For military construction projects outside the United States authorized
by section 2301(b), $135,438,000.
(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, $70,494,000.
(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), $599,465,000.
TITLE XXIV--DEFENSE AGENCIES
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 2404(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
----------------------------------------------------------------------------------------------------------
Agency Installation or Location Amount
----------------------------------------------------------------------------------------------------------
Defense Education Activity Fort Campbell, Kentucky 21,400,000
Fort Bragg, North Carolina 78,471,000
Defense Intelligence Agency Scott Air Force Base, Illinois 13,977,000
Defense Logistics Agency Defense Distribution Depot, Tracy, California 50,300,000
Defense Fuel Supply Center, Dover Air Force Base, Delaware 3,373,000
Defense Fuel Support Point, Jacksonville, Florida 34,000,000
Hunter Army Air Field, Georgia 3,500,000
Pearl Harbor, Hawaii 27,700,000
Kirtland Air Force Base, New Mexico 14,400,000
Altus Air Force Base, Oklahoma 2,850,000
Philadelphia, Pennsylvania 1,200,000
Hill Air Force Base, Utah 20,400,000
Craney Island, Virginia 39,900,000
National Security Agency Fort Meade, Maryland 31,000,000
Special Operations Command Naval Amphibious Base, Coronado, California 9,800,000
Eglin Air Force Base, Florida 40,000,000
Hurlburt Field, Florida 8,900,000
MacDill Air Force Base, Florida 10,500,000
Fort Campbell, Kentucky 15,000,000
Cannon Air Force Base, New Mexico 18,100,000
Fort Bragg, North Carolina 38,250,000
Fort Story, Virginia 11,600,000
Fort Lewis, Washington 38,000,000
TRICARE Management Activity Fort Richardson, Alaska 6,300,000
Buckley Air Force Base, Colorado 3,000,000
Fort Benning, Georgia 3,900,000
Fort Riley, Kansas 52,000,000
Fort Campbell, Kentucky 24,000,000
Aberdeen Proving Ground, Maryland 430,000,000
Fort Leonard Wood, Missouri 22,000,000
Tinker Air Force Base, Oklahoma 65,000,000
Fort Sam Houston, Texas 13,000,000
Washington Headquarters Services Pentagon Reservation, Virginia 38,940,000
Total 1,190,761,000
----------------------------------------------------------------------------------------------------------
(b) Outside the United States- Using amounts appropriated pursuant to the
authorization of appropriations in section 2404(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 table:
Defense Agencies: Outside the United States
-----------------------------------------------------------------
Agency Installation or Location Amount
-----------------------------------------------------------------
Defense Logistics Agency Germersheim, Germany 48,000,000
Souda Bay, Greece 27,761,000
Special Operations Command Al Udeid, Qatar 9,200,000
TRICARE Management Activity Naval Activities, Guam 30,000,000
Total 114,961,000
-----------------------------------------------------------------
(c) Unspecified Worldwide- Using the amounts appropriated pursuant to the
authorization of appropriations in section 2404(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
-----------------------------------------------------------
Location Installation or Location Amount
-----------------------------------------------------------
Worldwide Unspecified Unspecified Locations 862,980,000
Total 862,980,000
-----------------------------------------------------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations
in section 2404(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. 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 2404(9), 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. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
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 $11,297,342,000, as follows:
(1) For military construction projects inside the United States authorized
by section 2401(a), $784,511,000.
(2) For military construction projects outside the United States authorized
by section 2401(b), $114,961,000.
(3) For the military construction projects at unspecified worldwide locations
authorized by section 2401(c), $266,660,000.
(4) For unspecified minor military construction projects under section 2805
of title 10, United States Code, $31,853,000.
(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, $155,793,000.
(7) For energy conservation projects authorized by section 2402 of this
Act, $80,000,000.
(8) For base closure and realignment activities 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, $393,377,000.
(9) For base closure and realignment activities authorized by section 2403
of this Act and funded through the Department of Defense Base Closure Account
2005 established by 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), $9,065,386,000.
(10) For support of military family housing (including functions described
in section 2833 of title 10, United States Code), $54,581,000.
(11) For the construction of increment 4 of the National Security Agency/Central
Security Service replacement 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, Global
War on Terrorism and Hurricane Relief (Public Law 109-234; 120 Stat. 485),
$100,220,000.
(12) For the construction of increment 2 of the U.S. Army Medical Research
Institute for Infectious Diseases Stage 1 at Fort Detrick, Maryland, authorized
by section 2401(a) of the Military Construction Authorization Act of Fiscal
Year 2007 (division B of Public Law 109-364; 120 Stat. 2457), $209,000,000.
(13) For the construction of increment 2 of the SOF 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. xxxx), $150,000,000.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
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--CHEMICAL DEMILITARIZATION PROGRAM
SEC. 2601. AUTHORIZED CHEMICAL DEMILITARIZATION PROGRAM CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations
in section 2602(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
--------------------------------------------------
Agency Installation or Location Amount
--------------------------------------------------
Army Blue Grass Army Depot, Kentucky 12,000,000
Total 12,000,000
--------------------------------------------------
SEC. 2602. 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 2601(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. 2603. 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 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. 2604. 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 (113 Stat. 839), as so amended, is
further amended by striking `$267,525,000' and inserting `$469,200,000'.
SEC. 2605. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2007
PROJECT.
(a) Modification- The table in section 2401 of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2457),
is amended under the agency heading relating to the TRICARE Management Activity,
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 the Military Construction
Authorization Act of Fiscal Year 2007 (120 Stat. 2461) is amended by striking
`$521,000,000' and inserting `$654,000,000'.
TITLE XXVII--GUARD AND RESERVE FORCES FACILITIES
SEC. 2701. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
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 Reserve components,
and for contributions therefore, 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, $539,296,000; and
(B) for the Army Reserve, $281,687,000.
(2) For the Department of the Navy, for the Navy Reserve 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, $34,374,000; and
(B) for the Air Force Reserve, $19,265,000.
TITLE XXVIII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2801. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED
BY LAW.
(a) Expiration of Authorizations After Three Years- Except as provided in
subsection (b), all authorizations contained in titles XXI through XXVII 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 therefore)
shall expire on the later of--
(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 therefore), for which appropriated
funds have been obligated before the later of--
(2) the date of the enactment of an Act authorizing funds for fiscal year
2012 for military construction projects, land acquisition, family housing
projects and facilities, or contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2802. 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 sections
2101, 2302, and 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) Tables- The tables referred to in subsection (a) are 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
----------------------------------------------------------------------------
Air Force: Extension of 2006 Project Authorizations
--------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
--------------------------------------------------------------------------------------------------
Alaska Eielson Air Force Base Replace Family Housing (92 units) 37,650,000
Purchase Build/Lease Housing (300 units) 18,144,000
California Edwards Air Force Base Replace Family Housing (226 units) 59,699,000
Florida MacDill Air Force Base Replace Family Housing (109 units) 40,982,000
Missouri Whiteman Air Force Base Replace Family Housing (111 units) 26,917,000
North Carolina Seymour Johnson Air Force Base Replace Family Housing (255 units) 48,868,000
North Dakota Grand Forks Air Force Base Replace Family Housing (150 units) 43,353,000
--------------------------------------------------------------------------------------------------
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 Training Range 2,532,000
Pennsylvania Philadelphia Stryker Brigade Combat Team Readiness Center 11,806,000
Organizational Maintenance Shop #7 6,144,930
----------------------------------------------------------------------------------------------
Defense Agencies: Extension of 2006 Project Authorizations
------------------------------------------------------------------------------------------------------------------------------------------
Agency Installation or Location Project Amount
------------------------------------------------------------------------------------------------------------------------------------------
Defense Logistics Agency Defense Distribution Depot Susquehanna, New Cumberland, Pennsylvania Replace Physical Fitness Facility 6,500,000
------------------------------------------------------------------------------------------------------------------------------------------
SEC. 2803. 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 tables in subsection (b), as provided in sections
2101, 2301, 2302, and 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) Tables- The tables referred to in subsection (a) are as follows:
Army: Extension of 2005 Project Authorizations
--------------------------------------------------------------------------------------
State Installation or Location Project Amount
--------------------------------------------------------------------------------------
Hawaii Schofield Barracks Combined Arms Collective Training Facility 32,542,000
--------------------------------------------------------------------------------------
Air Force: Extension of 2005 Project Authorizations
-----------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
-----------------------------------------------------------------------------------------------------------
Arizona Davis-Monthan Air Force Base Replace Family Housing (250 units) 48,500,000
California Vandenberg Air Force Base Replace Family Housing (120 units) 30,906,000
Florida MacDill Air Force Base Construct Housing Maintenance Facility 1,250,000
Missouri Whiteman Air Force Base Replace Family Housing (160 units) 37,087,000
North Carolina Seymour Johnson Air Force Base Replace Family Housing (167 units) 32,693,000
Germany Ramstein Air Base USAFE Theater Aerospace Operations Support Center 24,204,000
-----------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 2005 Project Authorizations
--------------------------------------------------------------------------------
State Installation or Location Project Amount
--------------------------------------------------------------------------------
California Dublin Readiness Center, Add/Alt (ADRS) 11,318,000
--------------------------------------------------------------------------------
TITLE XXIX--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
SEC. 2901. MODIFICATION OF LONG-TERM LEASING AUTHORITY FOR MILITARY FAMILY
HOUSING.
(a) Authority- Section 2835 of title 10, United States Code, is amended by
adding at the end the following new subsections:
`(i) Housing of Other Personnel- (1) At any point in the lease term, to the
extent that housing constructed and leased under this section is not required
by military families, the Secretary of a military department may assign military
members, without dependents, to such housing without rental charge to the
member so assigned.
`(2) A member, without dependents, who is assigned to housing pursuant to
this section shall be considered to be assigned to quarters pursuant to section
403(e) of title 37.
`(j) Conversion to Long-Term Leasing of Military Unaccompanied Housing- (1)
During the period of the lease term, if the Secretary concerned determines
that the housing constructed and leased under this section is excess to the
long-term needs of the Family Housing Program of the Department of Defense,
the Secretary concerned may convert the lease to a long-term lease of military
unaccompanied housing.
`(2) The term of the conversion to military unaccompanied housing under paragraph
(1) may not exceed the remaining term of the existing long-term lease of family
housing being converted.
`(k) Advance Notice of Intent To Convert- The Secretary concerned may not
convert the long-term family housing lease to unaccompanied housing under
subsection (j) until--
`(1) the Secretary concerned submits to the congressional defense committees,
in writing, a notice of the intent to accomplish such conversion to unaccompanied
housing, including--
`(A) a justification for the conversion;
`(B) a description of the long-term lease to be converted;
`(C) the lease amount; and
`(D) the lease expiration date; and
`(2) a period of 21 days has expired following the date on which the justification
is received by the committees or, if over sooner, a period of 14 days has
expired following the date on which a copy of the justification is provided
in an electronic medium pursuant to section 480 of this title.
`(l) Section 801 Housing- Subsections (i), (j), and (k) also shall apply to
housing leased by a military department pursuant to authority contained in
section 801 of the Military Construction Authorization Act, 1984 (Public Law
98-115; 97 Stat 782).'.
SEC. 2902. UNSPECIFIED MINOR CONSTRUCTION.
Section 2805 of title 10, United States Code, is amended--
(1) In subsection (a)(1)--
(A) by striking `$1,500,000' and inserting `$2,500,000'; and
(B) by striking `$3,000,000' in the last sentence and inserting `$4,250,000';
(2) in subsection (b)(1), by striking `$750,000' and inserting `$1,000,000';
and
(3) In subsection (c)(1)--
(A) in subparagraph (A), by striking `$1,500,000' and inserting `$2,000,000';
and
(B) in subparagraph (B), by striking `$750,000' and inserting `$1,000,000'.
SEC. 2903. FLEXIBILITY IN DETERMINING DOMESTIC FAMILY HOUSING LEASE MAXIMUMS.
Section 2828(b) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking `paragraphs (3) and (4)' and inserting
`paragraphs (3), (4), and (7)'; and
(2) by adding at the end the following new paragraph:
`(7) The Secretary of the Army may lease not more than 600 of the 10,000
family housing units provided in paragraph (1) at an amount not greater
than 33 percent above the maximum lease amount under paragraph (3), as adjusted
under paragraph (5) for the fiscal year in which a unit is leased under
this paragraph. The maximum lease amount provided in this paragraph shall
apply only to Army family housing in areas designated by the Secretary of
the Army and for leases not to exceed a term of 2 years.'.
SEC. 2904. TRANSFER OF PROCEEDS FROM PROPERTY CONVEYANCE, MARINE CORPS LOGISTICS
BASE, ALBANY, GEORGIA.
(a) Transfer Authorized- The Secretary of Defense may transfer any proceeds
from the sale of approximately 120.375 acres of improved land located at the
former Boyett Village Family Housing Complex at the Marine Corps Logistics
Base, Albany, Georgia, into the Department of Defense Family Housing Improvement
Fund established under section 2883(a) of title 10, United States Code, for
carrying out activities under subchapter IV of chapter 169 of that title with
respect to military family housing.
(b) Notification Requirement- A transfer of proceeds under subsection (a)
may be made only after the end of the 30-day period beginning on the date
the Secretary of Defense submits written notice of the transfer to the appropriate
committees of Congress.
Subtitle B--Real Property and Facilities Administration
SEC. 2911. MODIFICATION OF UTILITY SYSTEM CONVEYANCE AUTHORITY.
Section 2688 of title 10, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new subsection (j):
`(j) Conveyance or Construction of Utility Infrastructure After Privatization
of a Utility System- (1) The Secretary of a military department may convey,
using other than competitive procedures, utility infrastructure under the
jurisdiction of the Secretary on a military installation to a utility or entity
to which a utility system for the installation has been conveyed under subsection
(a) if the Secretary determines the infrastructure will be part of the utility
system and the military department receives as consideration an amount equal
to the fair market value of the utility infrastructure determined in the same
manner as the consideration the Secretary could require under subsection (c)
for a conveyance under subsection (a). The conveyance may consist of all right,
title, and interest of the United States or such lesser estate as the Secretary
considers appropriate to serve the interests of the United States.
`(2) In lieu of carrying out a military construction project to construct,
repair, or replace utility infrastructure to be used with a utility system
that has been conveyed to a utility or entity under subsection (a), the Secretary
concerned may provide funds authorized and appropriated for the project to
such utility or entity for use by the utility or entity to construct, repair,
or replace the utility infrastructure if the Secretary determines the infrastructure
will be 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 a conveyance under subsection (a).'.
SEC. 2912. PERMANENT AUTHORITY TO PURCHASE MUNICIPAL SERVICES FOR MILITARY
INSTALLATIONS IN THE UNITED STATES.
(a) Permanent Authority- Chapter 141 of title 10, United States Code, is amended
by adding at the end the following new section:
`Sec. 2410q. Procurement of municipal services for military installations
in the United States
`(a) Authority- (1) The Secretary of a Military Department may procure municipal
services (to include public works and utility services) for any Military installation
under the jurisdiction of the Secretary in the United States from a county
or municipal government for the geographic area in which the installation
is located.
`(2) The Secretary may acquire such services using procedures other than competitive
procedures if the Secretary determines the price for such services is fair
and reasonable and--
`(A) The business case supporting the determination--
`(i) describes the availability, benefits, and drawbacks of alternative
sources; and
`(ii) 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 and represents the
best value to the Federal Government; and
`(B) at least 14 days prior to entering into a contract with the county
or municipal government, written notification is provided to the congressional
defense committees that includes a summary of the business case and explains
how the adverse impact, if any, on the Federal workforce is being minimized.
`(3) The determination described in subparagraph (A) shall not be delegated
to a level lower than a Deputy Assistant Secretary for Installations and Environment
or another official at an equivalent level.
`(b) Guidance- The Secretary of Defense shall issue guidance to address the
implementation of this section.'.
(b) Conforming Amendment- The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
`2410q. Procurement of municipal services for military installations in
the United States.'.
SEC. 2913. CLARIFICATION OF CONGRESSIONAL REPORTING REQUIREMENTS FOR CERTAIN
REAL PROPERTY TRANSACTIONS OF THE MILITARY DEPARTMENTS.
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
the activities of the Department of Defense'.
Subtitle C--Base Closure and Realignment
SEC. 2921. ANNUAL BASE CLOSURE AND REALIGNMENT REPORT.
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), as amended, is
amended--
(1) in paragraph (1), by striking `and realignment' each place it appears;
(2) in paragraph (2), by striking `and realignments' each place it appears;
and
(3) in paragraphs (3), (4), (5), (6), and (7), by striking `or realignment'
each place it appears.
Subtitle D--Other Matters
SEC. 2931. EXPAND COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF CULTURAL
RESOURCES TO INCLUDE OFF-INSTALLATION MITIGATION.
(a) Expanded Authority- Section 2684(a) of title 10, United States Code, is
amended to read as follows:
`(a) Authority- (1) The Secretary of Defense or the secretary of a military
department, to the extent permitted by the establishment clause, may enter
into a cooperative agreement with a State, local or tribal government or other
entity--
`(A) for the preservation, management, maintenance, and improvement of cultural
resources; and
`(B) for the conduct of research regarding cultural resources.
`(2) Such cultural resources must be located--
`(A) on a military installation; or
`(B) off a military installation, but only if the cooperative agreement
directly relieves or eliminates current or anticipated restrictions that
would or might restrict, impede, or otherwise interfere, whether directly
or indirectly, with current or anticipated military training, testing, or
operations on the installation.
`(3) Activities under the cooperative agreement shall be subject to the availability
of funds to carry out the cooperative agreement.'.
(b) Cultural Resources- Subsection (c) of such section is amended by adding
at the end the following new paragraph:
`(5) An Indian sacred site, as that term is defined in section 1(b)(iii)
of Executive Order 13007.'.
SEC. 2932. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL ANNEX TO ARLINGTON
NATIONAL CEMETERY.
Subsection (h) of section 2881 of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 879),
as amended by section 2863 of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1330), section
2851 of the Military Construction Authorization Act for Fiscal Year 2003 (division
B of Public Law 107-314; 116 Stat. 2726), section 2881 of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375;
115 Stat. 2153), and section 2871 of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.XX)
is further amended by striking `2011' in paragraph (1) and inserting `2012'.
SEC. 2933. LEASE OF MILITARY FAMILY HOUSING TO THE SECRETARY OF DEFENSE.
(a) Lease of Housing- Subchapter II of chapter 169 of title 10, United States
Code, is amended by inserting after section 2837 the following new section:
`Sec. 2838. Lease of military family housing to the Secretary of Defense
`(a) Authority- The Secretary of a military department may lease military
family housing in the National Capital Region (as defined in section 2674
of this title) to the Secretary of Defense. In determining the military housing
unit to lease under this section, the Secretary of Defense should first consider
any military housing units then available that are already substantially equipped
for executive communications and security.
`(b) Rental Rate- A lease under subsection (a) shall provide for the payment
by the lessee of consideration in an amount equal to 105 percent of the monthly
rate for basic allowance for housing prescribed under section 403(b) of title
37 for a military member in the pay grade of O-10 with dependents assigned
to duty at the military installation on which the leased housing unit is located.
A rate so established shall be considered the fair market value of the lease
interest.
`(c) Treatment of Proceeds- (1) The Secretary of a military department shall
deposit all money rentals received pursuant to leases 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 the special account of a military department
pursuant to paragraph (1) shall be available to the Secretary of that military
department, without further appropriation, for 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 inserting after the item relating to section 2837 the following
new item:
`2838. Lease of military family housing to the Secretary of Defense.'.
END
