S 2787
110th CONGRESS
2d Session
S. 2787
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 SENATE OF THE UNITED STATES
March 31 (legislative day, March 13), 2008
Mr. LEVIN (for himself and Mr. MCCAIN) (by request) introduced the
following bill; which was read twice and referred to the Committee on
Finance
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 `National Defense Authorization Act for
Fiscal Year 2009'.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions- This Act is organized into two divisions as follows:
(1) DIVISION A- 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.
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--Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund Site, Moses
Lake, Washington.
Subtitle C--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.
Subtitle D--Other Matters
Sec. 331. Recovery of missing military property.
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.
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. National Guard officers in Federal and federally funded
State status.
Sec. 516. 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.
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. Civil liability for noncompliance and enforcement of Servicemembers
Civil Relief Act.
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. Prohibit court-ordered payments before retirement based
on imputation of retired pay.
Sec. 633. Allow member to waive notice and provide court order upon
request.
Sec. 634. Lump sum payments to former spouses of members of the uniformed
services.
Subtitle D--Other Matters
Sec. 641. Permanent retention of eligibility for the earned income
tax credit by servicemembers deployed to a combat zone.
Sec. 642. Exclusion from gross incomes of adjustments to the family
separation allowance.
Sec. 643. 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--Acquisition Policy and Management
Sec. 801. Revision to the requirement for 15-day waiting period to
issue solicitations after publication of synopsis.
Sec. 802. Repeal of Small Business Competitiveness Demonstration Program.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Unmanned systems.
Sec. 812. Enhanced transfer of technology developed at DoD laboratories.
Subtitle C--Other Matters
Sec. 821. Extension of length of contracts for renewable energy sources
and associated services.
Sec. 822. Modification of authority to accept financial and other
incentives related to energy savings and similar new authority related
to energy systems.
Sec. 823. Timeliness requirements on post-award bid protest jurisdiction
of the Court of Federal Claims.
Subtitle D--Other Matters
Sec. 831. Applicability of the restriction on specialty metals.
Sec. 832. Clarification of jurisdiction of the United States district
courts to hear bid protest disputes involving maritime contracts.
Sec. 833. Streamline jurisdiction over government contract claims,
disputes and appeals arising out of maritime contracts.
Sec. 834. 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.
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.
Subtitle C--Intelligence-Related Matters
Sec. 921. Operational files of the Defense Intelligence Agency.
Sec. 922. Prohibition on disclosure of certain geodetic products.
Sec. 923. Technical changes following the redesignation of National
Imagery and Mapping Agency as National Geospatial-Intelligence 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. Licensing of intellectual property; definitions.
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.
Subtitle C--Counter-Drug Activities
Sec. 1021. Expansion and extension of authority to provide additional
support for counter-drug activities of certain foreign governments.
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.
Sec. 1036. Confidential business and homeland security information
sharing.
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. Defense Production Act Amendments of 2008.
Sec. 1053. 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. Permanent extension of Department of Defense voluntary
reduction in force authority.
Sec. 1103. Flexibility in paying annuity to Federal retirees who return
to work.
Sec. 1104. Direct hire authority for healthcare professionals of the
Deparment of Defense.
Sec. 1105. Extension of authority to make lump sum severance payments.
Sec. 1106. Technical change to the definition of a professional accounting
position.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Fund foreign visitors to the service academy international
programs and establish per diem for faculty and cadets in study abroad
programs.
Subtitle B--Nonproliferation Matters and Countries of Concern
Sec. 1211. Waiver of certain sanctions against North Korea.
Subtitle C--Other Matters
Sec. 1221. Sales of defense services to be performed overseas to support
direct commercial sales by United States companies.
TITLE XIII--MATTERS RELATING TO BUILDING PARTNER CAPABILITIES TO COMBAT
TERRORISM AND ENHANCE STABILITY
Subtitle A--Building Security Capacity and Non-Military Stabilization
Support
Sec. 1301. Building the partnership capacity of foreign military and
other security forces.
Subtitle B--Enhancing Partners' Capacity for Effective Operations
Sec. 1311. Loans of significant military equipment.
Sec. 1312. Grants of non-lethal excess defense articles by geographic
combatant commanders.
Sec. 1313. Establishment of a defense coalition support account to
maintain inventory of critical items for coalition partners.
Sec. 1314. Reimbursement of salaries for Reserve components in support
of security cooperation missions.
Sec. 1315. Enhanced authority to pay incremental expenses for participation
of developing countries in combined exercises.
Subtitle C--Developing Commonality by Expanding Professional Military
Education, Training, and Support for Partners
Sec. 1321. Authority for distribution to certain foreign personnel
of education and training materials and information technology to
enhance military interoperability.
Sec. 1322. Enhancing participation of the Department of Defense in
multinational military centers of excellence.
Sec. 1323. Regional defense combating terrorism fellowship program.
Sec. 1324. Military-to-military contacts and comparable activities.
Sec. 1325. Payment of personnel expenses for multilateral cooperation
programs.
Sec. 1326. Enhancing the ability of the United States Government to
conduct complex operations.
Subtitle D--Setting Conditions Through Support for Local Populations
Sec. 1331. Amendments of authority for humanitarian assistance.
Sec. 1332. Making permanent and global the commanders emergency response
program for urgent humanitarian and reconstruction needs in the field.
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--MILITARY CONSTRUCTION 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. Repeal of requirement to follow State law governing the
provision of electric utility service.
Sec. 2913. Permanent authority to purchase municipal services for
military installations in the United States.
Sec. 2914. 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. 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.
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--Environmental Provisions
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES
LAKE, WASHINGTON.
(a) Authority To Reimburse-
(1) TRANSFER AMOUNT- Using funds described in subsection (b), the
Secretary of Defense may transfer not more than $64,049.40 to the
Moses Lake Wellfield Superfund Site 10-6J Special Account.
(2) PURPOSE OF REIMBURSEMENT- The payment under paragraph (1) is to
reimburse the Environmental Protection Agency for its costs incurred
in overseeing a remedial investigation/feasibility study performed
by the Department of the Army under the Defense Environmental Restoration
Program at the former Larson Air Force Base, Moses Lake Superfund
Site, Moses Lake, Washington.
(3) INTERAGENCY AGREEMENT- The reimbursement described in paragraph
(2) is provided for in the interagency agreement entered into by the
Department of the Army and the Environmental Protection Agency for
the Moses Lake Wellfield Superfund Site in March 1999.
(b) Source of Funds- Any payment under subsection (a) shall be made
using funds authorized to be appropriated by section 301(17) for operation
and maintenance for Environmental Restoration, Formerly Used Defense
Sites.
(c) Use of Funds- The Environmental Protection Agency shall use the
amount transferred under subsection (a) to pay costs incurred by the
Agency at the Moses Lake Wellfield Superfund Site.
Subtitle C--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).'.
Subtitle D--Other Matters
SEC. 331. RECOVERY OF MISSING MILITARY PROPERTY.
(a) In General- Section 2789 of title 10, United States Code, is amended
to read as follows:
`Sec. 2789. Recovery of Department of Defense property: unauthorized
disposition
`(a) Prohibition- No member of the armed forces, civilian employee of
the Government, contractor personnel, or any other person may sell,
lend, pledge, barter, or give any clothing, arms, articles, equipment,
or any other military or Department of Defense property to any unauthorized
person.
`(b) Seizure of Improperly Disposed of Property- If a member of the
armed forces, civilian employee of the Government, contractor personnel,
or any other person has disposed of military or Department of Defense
property in violation of subsection (a), any civil or military officer
of the United States or any State or local law enforcement official
may seize the property, wherever found. If such property is in the possession
of a person who is not authorized to receive it, that person in possession
has no title or right to, or interest in, the property. Possession of
such property by a person who is neither a member of the armed forces
nor an official of the United States is prima facie evidence that the
property has been disposed of in violation of subsection (a).
`(c) Delivery of Seized Property- Any official who seizes property under
subsection (b) and is not authorized to retain it for the United States
shall deliver the property to an authorized member of the armed forces
or other authorized official of the Department of Defense.
`(d) Retroactive Enforcement Authorized- This section shall apply to
any military or Department of Defense property which was the subject
of unauthorized disposition any time after January 1, 2002.
`(e) Severability Clause- In the event that any portion of this section
is held unenforceable, all other portions of this section shall remain
in full force and effect.'.
(b) Clerical Amendment- The table of sections at the beginning of chapter
165 of such title is amended by striking the item relating to section
2789 and inserting the following new item:
`2789. Recovery of Department of Defense property: unauthorized disposition.'.
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.
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:
`(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. NATIONAL GUARD OFFICERS IN FEDERAL AND FEDERALLY FUNDED
STATE STATUS.
Section 325 of title 32, United States Code, is amended--
(1) in subsection (a)(2), by striking `in command of a National Guard
unit';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new subsections:
`(b) Advance Authorization and Consent- The President and Governor of
the State or Territory or Puerto Rico, or the commanding general of
the District of Columbia National Guard, as the case may be, respectively,
may give the authorization and consent required by subsection (a)(2),
in advance, for the purpose of establishing the succession of command
of a unit.
`(c) National Guard Duties- An officer who is not relieved from duty
in the National Guard while serving on active duty pursuant to subsection
(a)(2) may perform any duty authorized to be performed by the laws of
his State or Territory, Puerto Rico, or the District of Columbia, as
the case may be, by the National Guard without regard to the limitations
imposed by section 1385 of title 18, provided the officer is exercising
those duties in his status as a member of the National Guard and not
in his status as a member of the National Guard of the United States.'.
SEC. 516. 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).
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. CIVIL LIABILITY FOR NONCOMPLIANCE AND ENFORCEMENT OF SERVICEMEMBERS
CIVIL RELIEF ACT.
(a) General Civil Liability and Enforcement- The Servicemembers Civil
Relief Act (50 U.S.C. App. 501 et seq.) is amended by adding at the
end the following new title:
`TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE AND ENFORCEMENT
`SEC. 801. ENFORCEMENT BY THE ATTORNEY GENERAL.
`(a) Enforcement by Attorney General- The Attorney General may commence
a civil action in any appropriate United States District Court whenever
the Attorney General has reasonable cause to believe that--
`(1) any person or group of persons is engaged in, or has engaged
in, a pattern or practice of conduct in violation of any provision
of this Act; or
`(2) any person or group of persons is denying, or has denied, any
person or group of persons any protection afforded by any provision
of this Act, and such denial raises an issue of general public importance.
`(b) Relief Which May Be Granted in Civil Actions- In a civil action
under subsection (a), the court may--
`(1) enter any temporary restraining order, temporary or permanent
injunction, or other order as may be appropriate;
`(2) award monetary damages to a servicemember, dependent, or other
person protected by any provision of this Act who is harmed by the
failure to comply with any provision of this Act, including actual
and punitive damages; and
`(3) to vindicate the public interest, assess a civil penalty against
each defendant--
`(A) in an amount not exceeding $55,000 for a first violation; and
`(B) in an amount not exceeding $110,000 for any subsequent violation.
`(c) Intervention in Civil Actions- Upon timely application, a servicemember,
dependent, or other person protected by any provision of this Act may
intervene in a civil action commenced by the Attorney General which
involves an alleged violation of this Act with respect to which such
person claims to be harmed. The court may grant to any such intervening
party such appropriate relief as is authorized under subsection (b)(1)
or (b)(2). The court may, in its discretion, allow an intervening party
who is a prevailing party reasonable attorney's fees and costs.'.
(b) Clerical Amendment- The table of contents in section 1(b) of the
Servicemembers Civil Relief Act is amended by adding at the end the
following:
`TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE AND ENFORCEMENT
`Sec. 801. Enforcement by the Attorney General.'.
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'.
