BILL PAGE HOME
S 3001
9-8-08, Senate Passed Bill 83-0
D
Calendar No. 732
110th CONGRESS
2d Session
S. 3001
[Report No. 110-335]
To authorize appropriations for fiscal year 2009 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
May 12, 2008
Mr. LEVIN, from the Committee on Armed Services, reported the
following original bill; which was read twice and placed on the
calendar
A BILL
To authorize appropriations for fiscal year 2009 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes.
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 three divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security Authorizations and Other Authorizations.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 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.
Subtitle B--Army Programs
Sec. 111. Stryker Mobile Gun System.
Sec. 112. Procurement of small arms.
Subtitle C--Navy Programs
Sec. 131. Authority for advanced procurement and construction of components for the Virginia-class submarine program.
Sec. 132. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt.
Subtitle D--Air Force Programs
Sec. 151. F-22A fighter aircraft.
Subtitle E--Joint and Multiservice Matters
Sec. 171. Annual long-term plan for the procurement of aircraft for the Navy and the Air Force.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Requirement for plan on overhead nonimaging infrared systems.
Sec. 212. Advanced battery manufacturing and technology roadmap.
Sec. 213. Availability of funds for defense laboratories for research and development of technologies for military missions.
Sec. 214. Assured funding for certain information security and information assurance programs of the Department of Defense.
Sec. 215. Requirements for certain airborne intelligence collection systems.
Subtitle C--Missile Defense Programs
Sec. 231. Review of the ballistic missile defense policy and strategy of the United States.
Sec. 232. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe.
Sec. 233. Airborne Laser system.
Sec. 234. Annual Director of Operational Test and
Evaluation characterization of operational effectiveness, suitability,
and survivability of the ballistic missile defense system.
Sec. 235. Independent assessment of boost-phase missile defense programs.
Sec. 236. Study on space-based interceptor element of ballistic missile defense system.
Subtitle D--Other Matters
Sec. 251. Modification of systems subject to survivability testing by the Director of Operational Test and Evaluation.
Sec. 252. Biennial reports on joint and service concept development and experimentation.
Sec. 253. Repeal of annual reporting requirement relating to the Technology Transition Initiative.
Sec. 254. Executive agent for printed circuit board technology.
Sec. 255. Report on Department of Defense response to
findings and recommendations of the Defense Science Board Task Force on
Directed Energy Weapons.
Sec. 256. Assessment of standards for mission critical semiconductors procured by the Department of Defense.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions
Sec. 311. Expansion of cooperative agreement authority
for management of natural resources to include off-installation
mitigation.
Sec. 312. Reimbursement of Environmental Protection
Agency for certain costs in connection with Moses Lake Wellfield
Superfund Site, Moses Lake, Washington.
Sec. 313. Comprehensive program for the eradication of the brown tree snake population from military facilities in Guam.
Subtitle C--Workplace and Depot Issues
Sec. 321. Authority to consider depot-level maintenance
and repair using contractor furnished equipment or leased facilities as
core logistics.
Sec. 322. Minimum capital investment for certain depots.
Subtitle D--Reports
Sec. 331. Additional information under annual submissions of information regarding information technology capital assets.
Subtitle E--Other Matters
Sec. 341. Mitigation of power outage risks for Department of Defense facilities and activities.
Sec. 342. Increased authority to accept financial and
other incentives related to energy savings and new authority related to
energy systems.
Sec. 343. Recovery of improperly disposed of Department of Defense property.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
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. Increased end strengths for Reserves on active
duty in support of the Army National Guard and Army Reserve and
military technicians (dual status) of the Army National Guard.
Sec. 417. Modification of 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.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Modification of distribution requirements for commissioned officers on active duty in general and flag officer grades.
Sec. 502. Modification of limitations on authorized strengths of general and flag officers on active duty.
Sec. 503. Clarification of joint duty requirements for promotion to general or flag grades.
Sec. 504. Modification of authorities on length of joint duty assignments.
Sec. 505. Technical and conforming amendments relating to modification of joint specialty requirements.
Sec. 506. Eligibility of reserve officers to serve on
boards of inquiry for separation of regular officers for substandard
performance and other reasons.
Sec. 507. Modification of authority on Staff Judge Advocate to the Commandant of the Marine Corps.
Sec. 508. Increase in number of permanent professors at the United States Air Force Academy.
Sec. 509. Service creditable toward retirement for
thirty years or more of service of regular warrant officers other than
regular Army warrant officers.
Sec. 510. Modification of requirements for qualification for issuance of posthumous commissions and warrants.
Subtitle B--Enlisted Personnel Policy
Sec. 521. Increase in maximum period of reenlistment of regular members of the Armed Forces.
Subtitle C--Reserve Component Management
Sec. 531. Modification of limitations on authorized strengths of reserve general and flag officers in active status.
Sec. 532. Extension to other reserve components of Army
authority for deferral of mandatory separation of military technicians
(dual status) until age 60.
Sec. 533. Increase in mandatory retirement age for certain Reserve officers to age 62.
Sec. 534. Authority for vacancy promotion of National
Guard and Reserve officers ordered to active duty in support of a
contingency operation.
Sec. 535. Authority for retention of reserve component chaplains and medical officers until age 68.
Sec. 536. Modification of authorities on dual duty status of National Guard officers.
Sec. 537. Modification of matching fund requirements under National Guard Youth Challenge Program.
Sec. 538. Report on collection of information on civilian skills of members of the reserve components of the Armed Forces.
Subtitle D--Education and Training
Sec. 551. Authority to prescribe the authorized strength of the United States Naval Academy.
Sec. 552. Tuition for attendance of certain individuals at the United States Air Force Institute of Technology.
Sec. 553. Increase in stipend for baccalaureate students
in nursing or other health professions under health professions stipend
program.
Sec. 554. Clarification of discharge or release
triggering delimiting period for use of educational assistance benefit
for reserve component members supporting contingency operations and
other operations.
Sec. 555. Payment by the service academies of certain
expenses associated with participation in activities fostering
international cooperation.
Subtitle E--Defense Dependents' Education Matters
Sec. 561. Continuation of authority to assist local
educational agencies that benefit dependents of members of the Armed
Forces and Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Transition of military dependent students among local educational agencies.
Subtitle F--Military Family Readiness
Sec. 571. Authority for education and training for military spouses pursuing portable careers.
Subtitle G--Other Matters
Sec. 581. Department of Defense policy on the prevention of suicides by members of the Armed Forces.
Sec. 582. Relief for losses incurred as a result of certain injustices or errors of the Department of Defense.
Sec. 583. Paternity leave for members of the Armed Forces.
Sec. 584. Enhancement of authorities on participation of members of the Armed Forces in international sports competitions.
Sec. 585. Pilot programs on career flexibility to enhance retention of members of the Armed Forces.
Sec. 586. Prohibition on interference in independent
legal advice by the Legal Counsel to the Chairman of the Joint Chiefs
of Staff.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2009 increase in military basic pay.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear officers.
Sec. 614. Extension of authorities relating to payment of other bonuses and special pays.
Sec. 615. Extension of authorities relating to payment of referral bonuses.
Sec. 616. Permanent extension of prohibition on charges
for meals received at military treatment facilities by members
receiving continuous care.
Sec. 617. Accession and retention bonuses for the recruitment and retention of psychologists for the Armed Forces.
Sec. 618. Authority for extension of maximum length of
service agreements for special pay for nuclear-qualified officers
extending period of active service.
Sec. 619. Incentive pay for members of precommissioning programs pursuing foreign language proficiency.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Shipment of family pets during evacuation of personnel.
Sec. 632. Special weight allowance for transportation of professional books and equipment for spouses.
Sec. 633. Travel and transportation allowances for
members of the reserve components of the Armed Forces on leave for
suspension of training.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Presentation of burial flag to the surviving spouse and children of members of the Armed Forces who die in service.
Subtitle E--Other Matters
Sec. 651. Separation pay, transitional health care, and
transitional commissary and exchange benefits for members of the Armed
Forces separated under Surviving Son or Daughter policy.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
Sec. 701. Calculation of monthly premiums for coverage under TRICARE Reserve Select after 2008.
Subtitle B--Other Health Care Authorities
Sec. 711. Enhancement of medical and dental readiness of members of the Armed Forces.
Sec. 712. Additional authority for studies and demonstration projects relating to delivery of health and medical care.
Sec. 713. Travel for anesthesia services for childbirth
for dependents of members assigned to very remote locations outside the
continental United States.
Subtitle C--Other Health Care Matters
Sec. 721. Repeal of prohibition on conversion of military medical and dental positions to civilian medical and dental positions.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
Sec. 801. Inclusion of major subprograms to major defense acquisition programs under acquisition reporting requirements.
Sec. 802. Inclusion of certain major information
technology investments in acquisition oversight authorities for major
automated information system programs.
Sec. 803. Configuration Steering Boards for cost control under major defense acquisition programs.
Subtitle B--Acquisition Policy and Management
Sec. 811. Internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies.
Sec. 812. Contingency Contracting Corps.
Sec. 813. Expedited review and validation of urgent requirements documents.
Sec. 814. Incorporation of energy efficiency requirements into key performance parameters for fuel consuming systems.
Subtitle C--Amendments Relating to General Contracting Authorities, Procedures, and Limitations
Sec. 821. Multiyear procurement authority for the Department of Defense for the purchase of alternative and synthetic fuels.
Sec. 822. Modification and extension of pilot program
for transition to follow-on contracts under authority to carry out
certain prototype projects.
Sec. 823. Exclusion of certain factors in consideration
of cost advantages of offers for certain Department of Defense
contracts.
Subtitle D--Department of Defense Contractor Matters
Sec. 831. Database for Department of Defense contracting officers and suspension and debarment officials.
Sec. 832. Ethics safeguards for employees under certain
contracts for the performance of acquisition functions closely
associated with inherently governmental functions.
Sec. 833. Information for Department of Defense contractor employees on their whistleblower rights.
Subtitle E--Matters Relating to Iraq and Afghanistan
Sec. 841. Performance by private security contractors of inherently governmental functions in an area of combat operations.
Sec. 842. Additional contractor requirements and
responsibilities relating to alleged crimes by or against contractor
personnel in Iraq and Afghanistan.
Sec. 843. Clarification and modification of authorities
relating to the Commission on Wartime Contracting in Iraq and
Afghanistan.
Sec. 844. Comprehensive audit of spare parts purchases
and depot overhaul and maintenance of equipment for operations in Iraq
and Afghanistan.
Subtitle F--Other Matters
Sec. 851. Expedited hiring authority for the defense acquisition workforce.
Sec. 852. Specification of Secretary of Defense as
`Secretary concerned' for purposes of licensing of intellectual
property for the Defense Agencies and defense field activities.
Sec. 853. Repeal of requirements relating to the military system essential item breakout list.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Modification of status of Assistant to the
Secretary of Defense for Nuclear and Chemical and Biological Defense
Programs.
Sec. 902. Participation of Deputy Chief Management
Officer of the Department of Defense on Defense Business System
Management Committee.
Sec. 903. Repeal of obsolete limitations on management headquarters personnel.
Sec. 904. General Counsel to the Inspector General of the Department of Defense.
Sec. 905. Assignment of forces to the United States
Northern Command with primary mission of management of the consequences
of an incident in the United States homeland involving a chemical,
biological, radiological, or nuclear device, or high-yield explosives.
Sec. 906. Business transformation initiatives for the military departments.
Subtitle B--Space Matters
Sec. 911. Space posture review.
Subtitle C--Defense Intelligence Matters
Sec. 921. Requirement for officers of the Armed Forces on active duty in certain intelligence positions.
Sec. 922. Transfer of management of Intelligence Systems Support Office.
Sec. 923. Program on advanced sensor applications.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Incorporation into Act of tables in the report of the Committee on Armed Services of the Senate.
Sec. 1003. United States contribution to NATO common-funded budgets in fiscal year 2009.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Government rights in designs of Department of
Defense vessels, boats, craft, and components developed using public
funds.
Sec. 1012. Reimbursement of expenses for certain Navy mess operations.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of authority for joint task forces
to provide support to law enforcement agencies conducting
counter-terrorism activities.
Sec. 1022. Two-year extension of authority for use of funds for unified counterdrug and counterterrorism campaign in Colombia.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Procurement by State and local governments of
equipment for homeland security and emergency response activities
through the Department of Defense.
Sec. 1032. Enhancement of the capacity of the United States Government to conduct complex operations.
Sec. 1033. Crediting of admiralty claim receipts for
damage to property funded from a Department of Defense working capital
fund.
Sec. 1034. Minimum annual purchase requirements for airlift services from carriers participating in the Civil Reserve Air Fleet.
Sec. 1035. Termination date of base contract for the Navy-Marine Corps Intranet.
Sec. 1036. Prohibition on interrogation of detainees by contractor personnel.
Sec. 1037. Notification of Committees on Armed Services with respect to certain nonproliferation and proliferation activities.
Sec. 1038. Sense of Congress on nuclear weapons management.
Sec. 1039. Sense of Congress on joint Department of
Defense-Federal Aviation Administration executive committee on conflict
and dispute resolution.
Sec. 1040. Sense of Congress on sale of new outsize cargo, strategic lift aircraft for civilian use.
Subtitle E--Reports
Sec. 1051. Repeal of requirement to submit certain
annual reports to Congress regarding allied contributions to the common
defense.
Sec. 1052. Report on detention operations in Iraq.
Sec. 1053. Strategic plan to enhance the role of the National Guard and Reserves in the national defense.
Sec. 1054. Review of nonnuclear prompt global strike concept demonstrations.
Sec. 1055. Review of bandwidth capacity requirements of the Department of Defense and the intelligence community.
Subtitle F--Wounded Warrior Matters
Sec. 1061. Modification of utilization of veterans'
presumption of sound condition in establishing eligibility of members
of the Armed Forces for retirement for disability.
Sec. 1062. Inclusion of service members in inpatient status in wounded warrior policies and protections.
Sec. 1063. Clarification of certain information sharing
between the Department of Defense and Department of Veterans Affairs
for wounded warrior purposes.
Sec. 1064. Additional responsibilities for the wounded warrior resource center.
Sec. 1065. Responsibility for the Center of Excellence
in the Prevention, Diagnosis, Mitigation, Treatment and Rehabilitation
of Traumatic Brain Injury to conduct pilot programs on treatment
approaches for traumatic brain injury.
Sec. 1066. Center of Excellence in the Mitigation,
Treatment, and Rehabilitation of Traumatic Extremity Injuries and
Amputations.
Sec. 1067. Three-year extension of Senior Oversight Committee with respect to wounded warrior matters.
Subtitle G--Other Matters
Sec. 1081. Military salute for the flag during the
national anthem by members of the Armed Forces not in uniform and by
veterans.
Sec. 1082. Modification of deadlines for standards required for entry to military installations in the United States.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Department of Defense strategic human capital plans.
Sec. 1102. Conditional increase in authorized number of Defense Intelligence Senior Executive Service personnel.
Sec. 1103. Enhancement of authorities relating to additional positions under the National Security Personnel System.
Sec. 1104. Expedited hiring authority for health care professionals of the Department of Defense.
Sec. 1105. Election of insurance coverage by Federal civilian employees deployed in support of a contingency operation.
Sec. 1106. Permanent extension of Department of Defense voluntary reduction in force authority.
Sec. 1107. Four-year extension of authority to make lump sum severance payments with respect to Department of Defense employees.
Sec. 1108. Authority to waive limitations on pay for
Federal civilian employees working overseas under areas of United
States Central Command.
Sec. 1109. Technical amendment relating to definition of
professional accounting position for purposes of certification and
credentialing standards.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Increase in amount available for costs of
education and training of foreign military forces under Regional
Defense Combating Terrorism Fellowship Program.
Sec. 1202. Authority for distribution to certain foreign
personnel of education and training materials and information
technology to enhance military interoperability with the Armed Forces.
Sec. 1203. Extension and expansion of authority for support of special operations to combat terrorism.
Sec. 1204. Modification and extension of authorities relating to program to build the capacity of foreign military forces.
Sec. 1205. Extension of authority and increased funding for security and stabilization assistance.
Sec. 1206. Four-year extension of temporary authority to
use acquisition and cross-servicing agreements to lend military
equipment for personnel protection and survivability.
Sec. 1207. Authority for use of funds for non-conventional assisted recovery capabilities.
Subtitle B--Department of Defense Participation in Bilateral, Multilateral, and Regional Cooperation Programs
Sec. 1211. Availability across fiscal years of funds for military-to-military contacts and comparable activities.
Sec. 1212. Enhancement of authorities relating to Department of Defense regional centers for security studies.
Sec. 1213. Payment of personnel expenses for multilateral cooperation programs.
Sec. 1214. Participation of the Department of Defense in multinational military centers of excellence.
Subtitle C--Other Authorities and Limitations
Sec. 1221. Waiver of certain sanctions against North Korea.
Subtitle D--Reports
Sec. 1231. Extension and modification of updates on report on claims relating to the bombing of the Labelle Discotheque.
Sec. 1232. Report on utilization of certain global partnership authorities.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical agents and munitions destruction, defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Sec. 1407. Reduction in certain authorizations due to savings from lower inflation.
Subtitle B--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home.
Subtitle C--Other Matters
Sec. 1431. Responsibilities for Chemical Demilitarization Citizens' Advisory Commissions in Colorado and Kentucky.
Sec. 1432. Modification of definition of `Department of
Defense sealift vessel' for purposes of the National Defense Sealift
Fund.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN AFGHANISTAN
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Joint Improvised Explosive Device Defeat Fund.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. Research, development, test, and evaluation.
Sec. 1508. Operation and maintenance.
Sec. 1509. Military personnel.
Sec. 1510. Working capital funds.
Sec. 1511. Other Department of Defense programs.
Sec. 1512. Afghanistan Security Forces Fund.
Sec. 1513. Treatment as additional authorizations.
Sec. 1514. Special transfer authority.
Sec. 1515. Limitation on use of funds.
Sec. 1516. Requirement for separate display of budget for Afghanistan.
TITLE XVI--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN IRAQ
Sec. 1602. Army procurement.
Sec. 1603. Navy and Marine Corps procurement.
Sec. 1604. Air Force procurement.
Sec. 1605. Joint Improvised Explosive Device Defeat Fund.
Sec. 1606. Defense-wide activities procurement.
Sec. 1607. Research, development, test, and evaluation.
Sec. 1608. Operation and maintenance.
Sec. 1609. Military personnel.
Sec. 1610. Working capital funds.
Sec. 1611. Defense Health Program.
Sec. 1612. Iraq Freedom Fund.
Sec. 1613. Iraq Security Forces Fund.
Sec. 1614. Treatment as additional authorizations.
Sec. 1615. Limitation on use of funds.
Sec. 1616. Contributions by the Government of Iraq to
large-scale infrastructure projects, combined operations, and other
activities in Iraq.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2002. Expiration of authorizations and amounts required to be specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Extension of authorizations of certain fiscal year 2005 projects.
Sec. 2106. Extension of authorization of certain fiscal year 2006 project.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 2005 project 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.
Sec. 2305. Extension of authorizations of certain fiscal year 2006 projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2005 projects.
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year 2007 project.
Sec. 2405. Extension of authorization of certain fiscal year 2006 project.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorized chemical demilitarization program construction and land acquisition projects.
Sec. 2412. Authorization of appropriations, chemical demilitarization construction, defense-wide.
Sec. 2413. Modification of authority to carry out certain fiscal year 1997 project.
Sec. 2414. Modification of authority to carry out certain fiscal year 2000 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2006 projects.
Sec. 2608. Extension of authorization of certain fiscal year 2005 project.
Sec. 2609. Modification of authority to carry out certain fiscal year 2008 project.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Sec. 2701. Authorization of appropriations for base
closure and realignment activities funded through Department of Defense
Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base
closure and realignment activities funded through Department of Defense
Base Closure Account 2005.
Sec. 2704. Modification of annual base closure and realignment reporting requirements.
Sec. 2705. Technical corrections regarding authorized
cost and scope of work variations for military construction and
military family housing projects related to base closures and
realignments.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
Sec. 2801. Increase in threshold for unspecified minor military construction projects.
Sec. 2802. Authority to use operation and maintenance funds for construction projects outside the United States.
Sec. 2803. Improved oversight and accountability for military housing privatization initiative projects.
Sec. 2804. Leasing of military family housing to Secretary of Defense.
Sec. 2805. Cost-benefit analysis of dissolution of Patrick Family Housing LLC.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Participation in conservation banking programs.
Sec. 2812. Clarification of congressional reporting requirements for certain real property transactions.
Sec. 2813. Modification of land management restrictions applicable to Utah national defense lands.
Subtitle C--Land Conveyances
Sec. 2821. Transfer of proceeds from property conveyance, Marine Corps Logistics Base, Albany, Georgia.
Subtitle D--Energy Security
Sec. 2831. Expansion of authority of the military departments to develop energy on military lands.
Subtitle E--Other Matters
Sec. 2841. Report on application of force protection and
anti-terrorism standards to gates and entry points on military
installations.
TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS
Subtitle A--Fiscal Year 2008 Projects
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition projects.
Sec. 2904. Termination of authority to carry out fiscal year 2008 Army projects.
Subtitle B--Fiscal Year 2009 Projects
Sec. 2911. Authorized Army construction and land acquisition projects.
Sec. 2912. Authorized Navy construction and land acquisition projects.
Sec. 2913. Limitation on availability of funds for certain purposes relating to Iraq.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Modification of functions of Administrator
for Nuclear Security to include elimination of surplus fissile
materials usable for nuclear weapons.
Sec. 3112. Report on compliance with Design Basis Threat issued by the Department of Energy in 2005.
Sec. 3113. Modification of submittal of reports on inadvertent releases of restricted data.
Sec. 3114. Nonproliferation scholarship and fellowship program.
Sec. 3115. Review of and reports on Global Initiatives for Proliferation Prevention program.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
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, $4,957,435,000.
(2) For missiles, $2,211,460,000.
(3) For weapons and tracked combat vehicles, $3,689,277,000.
(4) For ammunition, $2,303,791,000.
(5) For other procurement, $11,861,704,000.
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, $14,729,274,000.
(2) For weapons, including missiles and torpedoes, $3,605,482,000.
(3) For shipbuilding and conversion, $13,037,218,000.
(4) For other procurement, $5,516,506,000.
(b) Marine Corps- Funds are hereby authorized to be
appropriated for fiscal year 2009 for procurement for the Marine Corps
in the amount of $1,495,665,000.
(c) Navy and Marine Corps Ammunition- Funds are hereby
authorized to be appropriated for fiscal year 2009 for procurement of
ammunition for the Navy and the Marine Corps in the amount of
$1,131,712,000.
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, $13,235,286,000.
(2) For missiles, $5,556,728,000.
(3) For ammunition, $895,478,000.
(4) For other procurement, $16,115,496,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2009 for Defense-wide procurement as follows:
(1) For Defense-wide procurement, $3,466,928,000.
(2) For the Rapid Acquisition Fund, $102,045,000.
Subtitle B--Army Programs
SEC. 111. STRYKER MOBILE GUN SYSTEM.
(a) Testing of System- If the Secretary of the Army makes
the certification described by subsection (a) of section 117 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-18; 122 Stat. 26) with respect to the Stryker Mobile Gun System, or
the Secretary of Defense waives pursuant to subsection (b) of such
section the limitations under subsection (a) of such section with
respect to the Stryker Mobile Gun System, the Secretary of Defense
shall, through the Director of Operational Test and Evaluation, ensure
that the Stryker Mobile Gun System is subject to testing to confirm the
efficacy of any actions necessary to mitigate operational
effectiveness, suitability, and survivability deficiencies identified
in Initial Operational Test and Evaluation and Live Fire Test and
Evaluation.
(1) REPORTS REQUIRED- The Secretary of the Army shall
submit to the congressional defense committees on a quarterly basis a
report setting forth the following:
(A) The status of any necessary mitigating actions
taken by the Army to address deficiencies in the Stryker Mobile Gun
System that are identified by the Director of Operational Test and
Evaluation.
(B) An assessment of the efficacy of the actions described by subparagraph (A).
(C) A statement of additional actions needed to be
taken, if any, to mitigate operational deficiencies in the Stryker
Mobile Gun System.
(D) A compilation of all hostile fire engagements
resulting in damage to the vehicle, resulting in a non-mission capable
status of the Stryker Mobile Gun System.
(2) CONSULTATION- The Secretary shall submit each
report required by paragraph (1) in consultation with the Director of
Operational Test and Evaluation.
(3) FORM- Each report required by paragraph (1) may be submitted in unclassified or classified form.
(c) Expansion of Limitation on Availability of Funds for
Procurement of System- Section 117(a) of the National Defense
Authorization Act for Fiscal Year 2008 is amended by striking `by
sections 101(3) and 1501(3)' and inserting `by this Act or any other
Act.'.
SEC. 112. PROCUREMENT OF SMALL ARMS.
(a) Report on Capabilities Based Assessment-
(1) IN GENERAL- Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Army shall submit to
the congressional defense committees a report on the Capabilities Based
Assessment of small arms by the Army Training and Doctrine Command.
(2) LIMITATION ON USE OF CERTAIN FUNDS PENDING REPORT-
Not more than 75 percent of the aggregate amount authorized to be
appropriated for the Department of Defense for fiscal year 2009 and
available for the Guardrail Common Sensor program may be obligated for
that program until after the Secretary of the Army submits to the
congressional defense committees a report required under paragraph (1).
(b) Competition for New Individual Weapon-
(1) COMPETITION REQUIRED- In the event the Capabilities
Based Assessment identifies gaps in the current capabilities of the
small arms of the Army and the Secretary of the Army determines that a
new individual weapon is required to address such gaps, the Secretary
shall procure the new individual weapon through one or more contracts
entered into after full and open competition described in paragraph (2).
(2) FULL AND OPEN COMPETITION- The full and open
competition described in this paragraph is full and open competition
among all responsible manufacturers that--
(A) is open to all developmental item solutions and nondevelopmental item (NDI) solutions; and
(B) provides for the award of the contract or
contracts concerned based on selection criteria that reflect the key
performance parameters and attributes identified in an Army-approved
service requirements document.
(c) Report on Procurement of Carbine-Type Rifles- Not later
than 120 days after the date of the enactment of this Act, Secretary of
Defense shall submit to the congressional defense committees a report
on the feasibility and advisability of each of the following:
(1) The certification of a carbine-type rifle requirement that does not require commonality with existing technical data.
(2) A full and open competition leading to the award of
contracts for carbine-type rifles in lieu of a developmental program
intended to meet the proposed carbine-type rifle requirement.
(3) The reprogramming of funds for the procurement of
small arms from the procurement of M4 Carbines to the procurement of
carbine-type rifles authorized only as the result of competition.
(4) The use of rapid equipping authority to procure
carbine-type rifles under $2,000 per unit that meet service-approved
requirements, which weapons may be nondevelopmental items selected
through full and open competition.
Subtitle C--Navy Programs
SEC. 131. AUTHORITY FOR ADVANCED PROCUREMENT AND CONSTRUCTION OF COMPONENTS FOR THE VIRGINIA-CLASS SUBMARINE PROGRAM.
Section 121 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 26) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new subsection (b):
`(b) Advance Procurement and Construction of Components-
The Secretary may enter into one or more contracts for advance
procurement and advance construction of those components for the
Virginia-class submarine program for which authorization to enter into
a multiyear procurement contract is granted under subsection (a) if the
Secretary determines that cost savings or construction efficiencies may
be achieved for Virginia-class submarines through the use of such
contracts.'.
SEC. 132. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. THEODORE ROOSEVELT.
(a) Amount Authorized From SCN Account-
(1) IN GENERAL- Of the amount authorized to be
appropriated for fiscal year 2009 by section 102(a)(3) for shipbuilding
and conversion, Navy, $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.
(2) FIRST INCREMENT- The amount made available under
paragraph (1) is the first increment of the three increments of funding
planned to be available for the nuclear refueling and complex overhaul
of the U.S.S. Theodore Roosevelt.
(1) IN GENERAL- The Secretary of the Navy may enter
into a contract during fiscal year 2009 for the nuclear refueling and
complex overhaul of the U.S.S. Theodore Roosevelt.
(2) CONDITION ON OUT-YEAR CONTRACT PAYMENTS- The
contract entered into under paragraph (1) 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 such fiscal year.
Subtitle D--Air Force Programs
SEC. 151. F-22A FIGHTER AIRCRAFT.
(a) Availability of Funds- Subject to subsection (b), of
the amount authorized to be appropriated by section 103(1) for
procurement of aircraft for the Air Force, $497,000,000 shall be
available, at the election of the President, for either, but not both,
of the following:
(1) Advance procurement of F-22A fighter aircraft in fiscal year 2010.
(2) Winding down of the production line for F-22A fighter aircraft.
(1) IN GENERAL- The amount referred to in subsection
(a) shall not be available for the purpose elected by the President
under that subsection until the President certifies to the
congressional defense committees the following (as applicable):
(A) That procurement of F-22A fighter aircraft is in the national interests of the United States.
(B) That the winding down of the production line for F-22A fighter aircraft is in the national interests of the United States.
(2) DATE OF SUBMITTAL- Any certification submitted under this subsection may not be submitted before January 21, 2009.
Subtitle E--Joint and Multiservice Matters
SEC. 171. ANNUAL LONG-TERM PLAN FOR THE PROCUREMENT OF AIRCRAFT FOR THE NAVY AND THE AIR FORCE.
(a) In General- Chapter 9 of title 10, United States Code,
is amended by inserting after section 231 the following new section:
`Sec. 231a. Budgeting for procurement of aircraft for the Navy and Air Force: annual plan and certification
`(a) Annual Aircraft Procurement Plan and Certification-
The Secretary of Defense shall include with the defense budget
materials for each fiscal year--
`(1) a plan for the procurement of the aircraft
specified in subsection (b) for the Department of the Navy and the
Department of the Air Force developed in accordance with this section;
and
`(2) a certification by the Secretary that both the
budget for such fiscal year and the future-years defense program
submitted to Congress in relation to such budget under section 221 of
this title provide for funding of the procurement of aircraft at a
level that is sufficient for the procurement of the aircraft provided
for in the plan under paragraph (1) on the schedule provided in the
plan.
`(b) Covered Aircraft- The aircraft specified in this subsection are the aircraft as follows:
`(4) Strategic lift aircraft.
`(5) Intratheater lift aircraft.
`(6) Intelligence, surveillance, and reconnaissance aircraft.
`(8) Any other major support aircraft designated by the Secretary of Defense for purposes of this section.
`(c) Annual Aircraft Procurement Plan- (1) The annual
aircraft procurement plan developed for a fiscal year for purposes of
subsection (a)(1) should be designed so that the aviation force
provided for under the plan is capable of supporting the national
security strategy of the United States as set forth in the most recent
national security strategy report of the President under section 108 of
the National Security Act of 1947 (50 U.S.C. 404a), except that, if at
the time the plan is submitted with the defense budget materials for
that fiscal year, a national security strategy report required under
such section 108 has not been submitted to Congress as required by
paragraph (2) or paragraph (3), if applicable, of subsection (a) of
such section, then the plan should be designed so that the aviation
force provided for under the plan is capable of supporting the aviation
force structure recommended in the report of the most recent
Quadrennial Defense Review.
`(2) Each annual aircraft procurement plan shall include the following:
`(A) A detailed program for the procurement of the
aircraft specified in subsection (b) for each of the Department of the
Navy and the Department of the Air Force over the next 30 fiscal years.
`(B) A description of the necessary aviation force
structure to meet the requirements of the national security strategy of
the United States or the most recent Quadrennial Defense Review,
whichever is applicable under paragraph (1).
`(C) The estimated levels of annual funding necessary
to carry out the program, together with a discussion of the procurement
strategies on which such estimated levels of annual funding are based.
`(D) An assessment by the Secretary of Defense of the
extent to which the combined aircraft forces of the Department of the
Navy and the Department of the Air Force meet the national security
requirements of the United States.
`(d) Assessment When Aircraft Procurement Budget Is
Insufficient To Meet Applicable Requirements- If the budget for a
fiscal year provides for funding of the procurement of aircraft for
either the Department of the Navy or the Department of the Air Force at
a level that is not sufficient to sustain the aviation force structure
specified in the aircraft procurement plan for such Department for that
fiscal year under subsection (a), the Secretary shall include with the
defense budget materials for that fiscal year an assessment that
describes and discusses the risks associated with the reduced force
structure of aircraft that will result from funding aircraft
procurement at such level. Such assessment shall be coordinated in
advance with the commanders of the combatant commands.
`(e) Definitions- In this section:
`(1) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to Congress by
the President under section 1105(a) of title 31.
`(2) The term `defense budget materials', with respect
to a fiscal year, means the materials submitted to Congress by the
Secretary of Defense in support of the budget for that fiscal year.
`(3) The term `Quadrennial Defense Review' means the
review of the defense programs and policies of the United States that
is carried out every 4 years under section 118 of this title.'.
(b) Clerical Amendment- The table of sections at the
beginning of chapter 9 of such title is amended by inserting after the
item relating to section 231 the following new item:
`231a. Budgeting for procurement of aircraft for the Navy and Air Force: annual plan and certification.'.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the use of the Department of Defense for research,
development, test, and evaluation as follows:
(1) For the Army, $10,855,210,000.
(2) For the Navy, $19,442,192,000.
(3) For the Air Force, $28,322,477,000.
(4) For Defense-wide activities, $21,113,501,000, of
which $188,772,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2009- Of the amounts authorized to be
appropriated by section 201, $11,895,180,000 shall be available for the
Defense Science and Technology Program, including basic research,
applied research, and advanced technology development projects.
(b) Basic Research, Applied Research, and Advanced
Technology Development Defined- For purposes of this section, the term
`basic research, applied research, and advanced technology development'
means work funded in programs elements for defense research and
development under Department of Defense budget activity 1, 2, or 3.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. REQUIREMENT FOR PLAN ON OVERHEAD NONIMAGING INFRARED SYSTEMS.
(a) In General- The Secretary of the Air Force shall
develop a comprehensive plan to conduct and support research,
development, and demonstration of technologies that could evolve into
the next generation of overhead nonimaging infrared systems.
(b) Elements- The plan required by subsection (a) shall include the following:
(1) The research objectives to be achieved under the plan.
(2) An estimate of the duration of the research, development, and demonstration of technologies under the plan.
(3) The cost and duration of any flight or on-orbit demonstrations of the technologies being developed.
(4) A plan for implementing an acquisition program with respect to technologies determined to be successful under the plan.
(5) An identification of the date by which a decision
must be made to begin a follow-on program and a justification for the
date identified.
(6) A schedule for completion of a full analysis of the
on-orbit performance characteristics of the Space-Based Infrared System
and the Space Tracking and Surveillance System, and an assessment of
how the performance characteristics of such systems will inform the
decision to proceed to a next generation overhead nonimaging infrared
system.
(c) Limitation on Obligation and Expenditure of Funds for
Third Generation Infrared Surveillance Program- Not more than 50
percent of the amounts authorized to be appropriated for fiscal year
2009 by section 201(3) for research, development, test, and evaluation
for the Air Force and available for the Third Generation Infrared
Surveillance program may be obligated or expended until the date that
is 30 days after the date on which the Secretary submits to the
congressional defense committees the plan required by subsection (a).
SEC. 212. ADVANCED BATTERY MANUFACTURING AND TECHNOLOGY ROADMAP.
(a) Roadmap Required- The Secretary of Defense shall, in
coordination with the Secretary of Energy, develop a multi-year roadmap
to develop advanced battery technologies and sustain domestic advanced
battery manufacturing capabilities and an assured supply chain
necessary to ensure that the Department of Defense has assured access
to advanced battery technologies to support current military
requirements and emerging military needs.
(b) Elements- The roadmap required by subsection (a) shall include, but not be limited to, the following:
(1) An identification of current and future capability
gaps, performance enhancements, cost savings goals, and assured
technology access goals that require advances in battery technology and
manufacturing capabilities.
(2) Specific research, technology, and manufacturing
goals and milestones, and timelines and estimates of funding necessary
for achieving such goals and milestones.
(3) Specific mechanisms for coordinating the activities
of Federal agencies, State and local governments, coalition partners,
private industry, and academia covered by the roadmap.
(4) Such other matters as the Secretary of Defense and
the Secretary of Energy consider appropriate for purposes of the
roadmap.
(1) IN GENERAL- The roadmap required by subsection (a)
shall be developed in coordination with the military departments,
appropriate Defense Agencies and other elements and organizations of
the Department of Defense, other appropriate Federal, State, and local
government organizations, and appropriate representatives of private
industry and academia.
(2) DEPARTMENT OF DEFENSE SUPPORT- The Secretary of
Defense shall ensure that appropriate elements and organizations of the
Department of Defense provide such information and other support as is
required for the development of the roadmap.
(d) Submittal to Congress- The Secretary of Defense shall
submit to the congressional defense committees the roadmap required by
subsection (a) not later than one year after the date of the enactment
of this Act.
SEC. 213. AVAILABILITY OF FUNDS FOR DEFENSE LABORATORIES FOR RESEARCH AND DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MISSIONS.
(a) Availability of Funds-
(1) IN GENERAL- The Secretary of Defense shall, in
consultation with the Secretaries of the military departments,
establish mechanisms under which the director of a defense laboratory
may utilize an amount equal to not more than three percent of all funds
available to the defense laboratory for the following purposes:
(A) To fund innovative basic and applied research at the defense laboratory in support of military missions.
(B) To fund development programs that support the
transition of technologies developed by the defense laboratory into
operational use.
(C) To fund workforce development activities that
improve the capacity of the defense laboratory to recruit and retain
personnel with scientific and engineering expertise required by the
defense laboratory.
(2) CONSULTATION REQUIRED- The mechanisms established
under paragraph (1) shall provide that funding shall be utilized under
paragraph (1) at the discretion of the director of a defense laboratory
in consultation with the science and technology executive of the
military department concerned.
(b) Annual Report on Use of Authority-
(1) IN GENERAL- Not later than March 1 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on the use of the authority under subsection (a)
during the preceding year.
(2) ELEMENTS- Each report under paragraph (1) shall include, with respect to the year covered by such report, the following:
(A) A current description of the mechanisms under subsection (a).
(B) A statement of the amount of funding made
available by each defense laboratory for research and development
described in subsection (a)(1).
(C) A description of the investments made by each defense laboratory utilizing funds under subsection (a).
(D) A description and assessment of any
improvements in the performance of the defense laboratories as a result
of investments described under subparagraph (C).
(E) A description and assessment of the
contributions of the research and development conducted by the defense
laboratories utilizing funds under subsection (a) to the development of
needed military capabilities.
(F) A description of any modification to the
mechanisms under subsection (a) that are required or proposed to be
taken to enhance the efficacy of the authority under subsection (a) to
support military missions.
SEC. 214. ASSURED FUNDING FOR CERTAIN INFORMATION SECURITY AND INFORMATION ASSURANCE PROGRAMS OF THE DEPARTMENT OF DEFENSE.
(a) In General- Of the amount authorized to be appropriated
for each fiscal year after fiscal year 2008 for a program specified in
subsection (b), not less than the amount equal to one percent of such
amount shall be available in such fiscal year for the establishment or
conduct under such program of a program or activities to--
(1) anticipate advances in information technology that
will create information security challenges for the Department of
Defense when fielded; and
(2) identify and develop solutions to such challenges.
(b) Covered Programs- The programs specified in this
subsection are the programs described in the budget justification
documents submitted to Congress in support of the budget of the
President for fiscal year 2009 (as submitted pursuant to section
1105(a) of title 31, United States Code) as follows:
(1) The Information Systems Security Program of the Department of Defense.
(2) Each other Department of Defense information assurance program.
(3) Any program of the Department of Defense under the
Comprehensive National Cybersecurity Initiative that is not funded by
the National Intelligence Program.
(c) Supplement Not Supplant- Amounts available under
subsection (a) for a fiscal year for the programs and activities
described in that subsection are in addition to any other amounts
available for such fiscal year for the programs specified in subsection
(b) for research and development relating to new information assurance
technologies.
SEC. 215. REQUIREMENTS FOR CERTAIN AIRBORNE INTELLIGENCE COLLECTION SYSTEMS.
(a) In General- Except as provided pursuant to subsection
(b), effective as of October 1, 2012, each airborne intelligence
collection system of the Department of Defense that is connected to the
Distributed Common Ground/Surface System shall have the capability to
operate with the Network-Centric Collaborative Targeting System.
(b) Exceptions- The requirement in subsection (a) with
respect to a particular airborne intelligence collection system may be
waived by the Chairman of the Joint Requirements Oversight Council
under section 181 of title 10, United States Code. Waivers under this
subsection shall be made on a case-by-case basis.
Subtitle C--Missile Defense Programs
SEC. 231. REVIEW OF THE BALLISTIC MISSILE DEFENSE POLICY AND STRATEGY OF THE UNITED STATES.
(a) Review Required- The Secretary of Defense shall conduct
a review of the ballistic missile defense policy and strategy of the
United States.
(b) Elements- The matters addressed by the review required
by subsection (a) shall include, but not be limited to, the following:
(1) The ballistic missile defense policy of the United
States in relation to the overall national security policy of the
United States.
(2) The ballistic missile defense strategy and
objectives of the United States in relation to the national security
strategy of the United States and the military strategy of the United
States.
(3) The organization, discharge, and oversight of acquisition for the ballistic missile defense programs of the United States.
(4) The roles and responsibilities of the military departments in the ballistic missile defense programs of the United States.
(5) The process for determining requirements for
missile defense capabilities under the ballistic missile defense
programs of the United States, including input from the joint military
requirements process.
(6) The process for determining the force structure and
inventory objectives for the ballistic missile defense programs of the
United States.
(7) Standards for the military utility, operational
effectiveness, suitability, and survivability of the ballistic missile
defense systems of the United States.
(8) The affordability and cost-effectiveness of
particular capabilities under the ballistic missile defense programs of
the United States.
(9) The objectives, requirements, and standards for
test and evaluation with respect to the ballistic missile defense
programs of the United States.
(10) Accountability, transparency, and oversight with respect to the ballistic missile defense programs of the United States.
(11) The role of international cooperation on missile
defense in the ballistic missile defense policy and strategy of the
United States.
(1) IN GENERAL- Not later than January 31, 2010, the
Secretary shall submit to Congress a report setting forth the results
of the review required by subsection (a).
(2) FORM- The report required by this subsection shall be in unclassified form, but may include a classified annex.
SEC. 232. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT, CONSTRUCTION, AND DEPLOYMENT OF MISSILE DEFENSES IN EUROPE.
(a) In General- No funds authorized to be appropriated by
this Act may be obligated or expended for procurement, site activation,
construction, preparation of equipment for, or deployment of major
components of a long-range missile defense system in a European country
until each of the following conditions have been met:
(1) The government of the country in which such major
components of such missile defense system (including interceptors and
associated radars) are proposed to be deployed has given final approval
(including parliamentary ratification) to any missile defense
agreements negotiated between such government and the United States
Government concerning the proposed deployment of such components in
such country.
(2) 45 days have elapsed following the receipt by
Congress of the report required by section 226(c) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 42).
(b) Additional Limitation- In addition to the limitation in
subsection (a), no funds authorized to be appropriated by this Act may
be obligated or expended for the acquisition (other than initial
long-lead procurement) or deployment of operational missiles of a
long-range missile defense system in Europe until the Secretary of
Defense, after receiving the views of the Director of Operational Test
and Evaluation, submits to Congress a report certifying that the
proposed interceptor to be deployed as part of such missile defense
system has demonstrated, through successful, operationally realistic
flight testing, a high probability of accomplishing its mission in an
operationally effective manner.
(c) Construction- Nothing in this section shall be
construed to limit continuing obligation and expenditure of funds for
missile defense, including for research and development and for other
activities not otherwise limited by subsection (a) or (b), including,
but not limited to, site surveys, studies, analysis, and planning and
design for the proposed missile defense deployment in Europe.
SEC. 233. AIRBORNE LASER SYSTEM.
(a) Report on Director of Operational Test and Evaluation
Assessment of Testing- Not later than January 15, 2010, the Director of
Operational Test and Evaluation shall--
(1) review and evaluate the testing conducted on the
first Airborne Laser system aircraft, including the planned shootdown
demonstration testing; and
(2) submit to the Secretary of Defense and to Congress
an assessment by the Director of the operational effectiveness,
suitability, and survivability of the Airborne Laser system.
(b) Limitation on Availability of Funds for Later Airborne
Laser System Aircraft- No funds authorized to be appropriated for the
Department of Defense may be obligated or expended for the procurement
of a second or subsequent aircraft for the Airborne Laser system
program until the Secretary of Defense, after receiving the assessment
of the Director of Operational Test and Evaluation under subsection
(a)(2), submits to Congress a certification that the Airborne Laser
system has demonstrated, through successful testing and operational and
cost analysis, a high probability of being operationally effective,
suitable, survivable, and affordable.
SEC. 234. ANNUAL DIRECTOR OF OPERATIONAL TEST AND EVALUATION
CHARACTERIZATION OF OPERATIONAL EFFECTIVENESS, SUITABILITY, AND
SURVIVABILITY OF THE BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Annual Characterization- Section 232(h) of the National
Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is
amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new paragraph (2):
`(2) The Director of Operational Test and Evaluation shall
also each year characterize the operational effectiveness, suitability,
and survivability of the ballistic missile defense system, and its
elements, that have been fielded or tested before the end of the
preceding fiscal year.'; and
(3) in paragraph (3), as redesignated by paragraph (1)
of this subsection, by inserting `and the characterization under
paragraph (2)' after `the assessment under paragraph (1)'.
(b) Conforming Amendment- The heading of such section is
amended to read as follows: `Annual OT&E Assessment and
Characterization of Certain Ballistic Missile Defense Matters- '.
(c) Effective Date- The amendments made by this section
shall take effect on October 1, 2008, and shall apply with respect to
fiscal years beginning on or after that date.
SEC. 235. INDEPENDENT ASSESSMENT OF BOOST-PHASE MISSILE DEFENSE PROGRAMS.
(a) Independent Assessment Required- Not later than 60 days
after the date of the enactment of this Act, the Secretary of Defense
shall enter into a contract with the National Academy of Sciences under
which the Academy shall conduct an independent assessment of the
boost-phase ballistic missile defense programs of the United States.
(b) Elements- The assessment required by subsection (a) shall consider the following:
(1) The extent to which boost-phase missile defense is feasible, practical, and affordable.
(2) Whether any of the existing boost-phase missile
defense technology demonstration efforts of the Department of Defense
(particularly the Airborne Laser and the Kinetic Energy Interceptor)
have a high probability of performing a boost-phase missile defense
mission in an operationally effective, suitable, survivable, and
affordable manner.
(c) Factors To Be Considered- In conducting the assessment
required by subsection (a), the factors considered by the National
Academy of Sciences shall include, but not be limited to, the following:
(1) Operational considerations, including the need and
ability to be deployed in a particular operational position at a
particular time to be effective.
(2) Geographic considerations, including limitations on
the ability to deploy systems within operational range of potential
targets.
(3) Command and control considerations, including short timelines for detection, decision-making, and engagement.
(4) Concepts of operations.
(5) Whether there is a potential for an engaged threat
missile or warhead to land on an unintended target outside of the
launching nation.
(6) Effectiveness against countermeasures, and mission effectiveness in destroying threat missiles and their warheads.
(7) Reliability, availability, and maintainability.
(8) Cost and cost-effectiveness.
(9) Force structure requirements.
(1) IN GENERAL- Upon the completion of the assessment
required by subsection (a), the National Academy of Sciences shall
submit to the Secretary of Defense and the congressional defense
committees a report on the results of the assessment. The report shall
include such recommendations regarding the future direction of the
boost-phase ballistic missile defense programs of the United States as
the Academy considers appropriate.
(2) FORM- The report under paragraph (1) shall be
submitted to the congressional defense committees in unclassified form,
but may include a classified annex.
(e) Funding- Of the amount authorized to be appropriated
for fiscal year 2009 by section 201(4) for research, development, test,
and evaluation for Defense-wide activities and available for the
Missile Defense Agency, $3,500,000 is available for the assessment
required by subsection (a).
SEC. 236. STUDY ON SPACE-BASED INTERCEPTOR ELEMENT OF BALLISTIC MISSILE DEFENSE SYSTEM.
(a) In General- Not later than 75 days after the date of
the enactment of this Act, the Secretary of Defense shall, after
consultation with the chair and ranking member of the Committee on
Armed Services of the Senate and of the Committee on Armed Services of
the House of Representatives, enter into a contract with one or more
independent entities under which the entity or entities shall conduct
an independent assessment of the feasibility and advisability of
developing a space-based interceptor element to the ballistic missile
defense system.
(b) Elements- The study required under subsection (a) shall include the following:
(1) An assessment of the need for a space-based
interceptor element to the ballistic missile defense system, including
an assessment of--
(A) the extent to which there is a ballistic missile threat that--
(i) such a space-based interceptor element would address; and
(ii) other elements of the ballistic missile defense system would not address;
(B) whether other elements of the ballistic missile
defense system could be modified to meet the threat described in
subparagraph (A) and the modifications necessary for such elements to
meet that threat; and
(C) any other alternatives to the development of such a space-based interceptor element.
(2) An assessment of the components and capabilities
and the maturity of critical technologies necessary to make such a
space-based interceptor element operational.
(3) An estimate of the total cost for the life cycle of
such a space-based interceptor element, including the costs of
research, development, demonstration, procurement, deployment, and
launching of the element.
(4) An assessment of the effectiveness of such a
space-based interceptor element in intercepting ballistic missiles and
the survivability of the element in case of attack.
(5) An assessment of possible debris generated from the
use or testing of such a space-based interceptor element and any
effects of such use or testing on other space systems.
(6) An assessment of any treaty or policy implications
of the development or deployment of such a space-based interceptor
element.
(7) An assessment of any command, control, or battle
management considerations of using such a space-based interceptor
element, including estimated timelines for the detection of ballistic
missiles, decisionmaking with respect to the use of the element, and
interception of the missile by the element.
(1) SUBMITTAL- Upon completion of the independent
assessment required under subsection (a), the entity or entities
conducting the assessment shall submit contemporaneously to the
Secretary of Defense, the Committee on Armed Services of the Senate,
and the Committee on Armed Services of the House of Representatives a
report setting forth the results of the assessment.
(2) COMMENTS- Not later than 60 days after the date on
which the Secretary of Defense receives the report required under
paragraph (1), the Secretary may submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives any comments on the report or any recommendations of
the Secretary resulting from the report.
(3) FORM- The report required under paragraph (1) and
any comments and recommendations submitted under paragraph (2) shall be
submitted in unclassified form, but may include a classified annex.
(d) Funding- Of the amount authorized to be appropriated
for fiscal year 2009 by section 201(4) for research, development, test,
and evaluation for Defense-wide activities and available for the
Missile Defense Agency, $5,000,000 shall be available to carry out the
study required under subsection (a).
Subtitle D--Other Matters
SEC. 251. MODIFICATION OF SYSTEMS SUBJECT TO SURVIVABILITY TESTING BY THE DIRECTOR OF OPERATIONAL TEST AND EVALUATION.
(a) Authority To Designate Additional Systems as Major
Systems and Programs Subject to Testing- Section 2366(e)(1) of title
10, United States Code, is amended by striking `or conventional weapon
system' and inserting `conventional weapon system, or other system or
program designated by the Director of Operational Test and Evaluation
for purposes of this section'.
(b) Force Protection Equipment- Section 139(b) of such title is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively.
SEC. 252. BIENNIAL REPORTS ON JOINT AND SERVICE CONCEPT DEVELOPMENT AND EXPERIMENTATION.
(a) In General- Section 485 of title 10, United States Code, is amended to read as follows:
`Sec. 485. Joint and service concept development and experimentation
`(a) Biennial Reports Required- Not later than January 1 of
each even numbered-year, the Commander of the United States Joint
Forces Command shall submit to the congressional defense committees a
report on the conduct and outcomes of joint and service concept
development and experimentation.
`(b) Matters To Be Included- Each report under subsection (a) shall include the following:
`(1) A description of any changes since the latest report submitted under this section to each of the following:
`(A) The authority and responsibilities of the
Commander of the United States Joint Forces Command with respect to
joint concept development and experimentation.
`(B) The organization of the Department of Defense
responsible for executing the mission of joint concept development and
experimentation.
`(C) The process for tasking forces (including
forces designated as joint experimentation forces) to participate in
joint concept development and experimentation and the specific
authority of the Commander over those forces.
`(D) The resources provided for initial
implementation of joint concept development and experimentation, the
process for providing such resources to the Commander, the categories
of funding for joint concept development and experimentation, and the
authority of the Commander for budget execution for joint concept
development and experimentation activities.
`(E) The process for the development and
acquisition of materiel, supplies, services, and equipment necessary
for the conduct of joint concept development and experimentation.
`(F) The process for designing, preparing, and conducting joint concept development and experimentation.
`(G) The assigned role of the Commander for--
`(i) integrating and testing in joint concept
development and experimentation the systems that emerge from
warfighting experimentation by the armed forces and the Defense
Agencies;
`(ii) assessing the effectiveness of
organizational structures, operational concepts, and technologies
relating to joint concept development and experimentation; and
`(iii) assisting the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff in setting priorities for
requirements or acquisition programs in light of joint concept
development and experimentation.
`(2) A description of the conduct of joint concept
development and experimentation activities during the two-year period
ending on the date of such report, including--
`(A) the funding involved;
`(B) the number of activities engaged in;
`(C) the forces involved;
`(D) the national and homeland security challenges addressed;
`(E) the operational concepts assessed;
`(F) the technologies assessed;
`(G) the scenarios and measures of effectiveness utilized; and
`(H) specific interactions under such activities
with commanders of other combatant commands and with other
organizations and entities inside and outside the Department.
`(3) A description of the conduct of concept
development and experimentation activities of the military departments
during the two-year period ending on the date of such report,
including--
`(A) the funding involved;
`(B) the number of activities engaged in;
`(C) the forces involved;
`(D) the national and homeland security challenges addressed;
`(E) the operational concepts assessed;
`(F) the technologies assessed;
`(G) the scenarios and measures of effectiveness utilized; and
`(H) specific interactions under such activities
with commanders of the combatant commands and with other organizations
and entities inside and outside the Department.
`(4) A description of the conduct of joint concept
development and experimentation, and of concept development and
experimentation of the military departments, during the two-year period
ending on the date of such report with respect to the development of
warfighting concepts for operational scenarios more than 10 years in
the future, including--
`(A) the funding involved;
`(B) the number of activities engaged in;
`(C) the forces involved;
`(D) the challenges addressed;
`(E) the operational concepts assessed;
`(F) the technologies assessed;
`(G) the scenarios and measures of effectiveness utilized; and
`(H) specific interactions with commanders of other
combatant commands and with other organizations and entities inside and
outside the Department.
`(5) A description of the mechanisms used to coordinate
joint, service, interagency, Coalition, and other appropriate concept
development and experimentation activities.
`(6) An assessment of the return on investment in
concept development and experimentation activities, including a
description of the following:
`(A) Specific outcomes and impacts within the
Department of the results of past joint and service concept development
and experimentation in terms of new doctrine, operational concepts,
organization, training, materiel, leadership, personnel, or the
allocation of resources, or in activities that terminated support for
legacy concepts, programs, or systems.
`(B) Specific actions taken by the Secretary of
Defense to implement the recommendations of the Commander based on
concept development and experimentation activities.
`(7) Such recommendations (based primarily based on the
results of joint and service concept development and experimentation)
as the Commander considers appropriate for enhancing the development of
joint warfighting capabilities by modifying activities throughout the
Department relating to--
`(A) the development or acquisition of specific advanced technologies, systems, or weapons or systems platforms;
`(B) key systems attributes and key performance
parameters for the development or acquisition of advanced technologies
and systems;
`(C) joint or service doctrine, organization, training, materiel, leadership development, personnel, or facilities;
`(D) the reduction or elimination of redundant
equipment and forces, including the synchronization of the development
and fielding of advanced technologies among the armed forces to enable
the development and execution of joint operational concepts; and
`(E) the development or modification of initial
capabilities documents, operational requirements, and relative
priorities for acquisition programs to meet joint requirements.
`(8) With respect to improving the effectiveness of
joint concept development and experimentation capabilities, such
recommendations (based primarily on the results of joint warfighting
experimentation) as the Commander considers appropriate regarding--
`(A) the conduct of, adequacy of resources for, or development of technologies to support such capabilities; and
`(B) changes in authority for acquisition of
materiel, supplies, services, equipment, and support from other
elements of the Department of Defense for concept development and
experimentation by joint or service organizations.
`(9) The coordination of the concept development and
experimentation activities of the Commander of the United States Joint
Forces Command with the activities of the Commander of the North
Atlantic Treaty Organization Supreme Allied Command Transformation.
`(10) Any other matters that the Commander consider appropriate.
`(c) Coordination and Support- The Secretary of Defense
shall ensure that the Secretaries of the military departments and the
heads of other appropriate elements of the Department of Defense
provide the Commander of the United States Joint Forces Command such
information and support as is required to enable the Commander to
prepare the reports required by subsection (a).'.
(b) Clerical Amendment- The table of sections at the
beginning of chapter 23 of such title is amended by striking the item
relating to section 485 and inserting the following new item:
`485. Joint and service concept development and experimentation.'.
SEC. 253. REPEAL OF ANNUAL REPORTING REQUIREMENT RELATING TO THE TECHNOLOGY TRANSITION INITIATIVE.
Section 2359a of title 10, United States Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
SEC. 254. EXECUTIVE AGENT FOR PRINTED CIRCUIT BOARD TECHNOLOGY.
(a) Executive Agent- Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall designate
a senior official of the Department of Defense to act as the Executive
Agent of the Department of Defense for printed circuit board technology.
(b) Specification of Roles, Responsibilities, and
Authorities- The roles, responsibilities, and authorities of the
Executive Agent designated under subsection (a) shall be as described
in a directive issued by the Secretary of Defense for purposes of this
section not later than one year after the date of the enactment of this
Act.
(c) Particular Roles and Responsibilities- The roles and
responsibilities described under subsection (b) for the Executive Agent
designated under subsection (a) shall include the following:
(1) To develop and maintain a printed circuit board and
interconnect technology roadmap that assures that the Department of
Defense has access to manufacturing capabilities and expertise and
technological capabilities necessary to meet future military
requirements.
(2) To develop and recommend to the Secretary of
Defense funding strategies that meet the recapitalization and
investment requirements of the Department for printed circuit board and
interconnect technology, which strategies shall be consistent with the
roadmap developed under paragraph (1).
(3) To assure that continuing expertise in printed circuit board technical is available to the Department.
(4) To assess the vulnerabilities, trustworthiness, and
diversity of the printed circuit board supply chain, including the
development of trustworthiness requirements for printed circuit boards
used in defense systems, and to develop strategies to address matters
in that supply chain that are identified as a result of such assessment.
(5) To support technical assessments and analyses,
especially with respect to acquisition decisions and planning, relating
to printed circuit boards
(6) Such other roles and responsibilities as the Secretary considers appropriate.
(d) Resources and Authorities- The Secretary of Defense
shall ensure that the Executive Agent designated under subsection (a)
has the appropriate resources and authorities to perform the roles and
responsibilities of the Executive Agent under this section.
(e) Support Within Department of Defense- The Secretary of
Defense shall ensure that the Executive Agent designated under
subsection (a) has such support from the military departments, Defense
Agencies, and other components of the Department of Defense as is
required for the Executive Agent to perform the roles and
responsibilities of the Executive Agent under this section.
SEC. 255. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO
FINDINGS AND RECOMMENDATIONS OF THE DEFENSE SCIENCE BOARD TASK FORCE ON
DIRECTED ENERGY WEAPONS.
(a) Report Required- Not later than January 1, 2010, the
Secretary of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report on the implementation of the recommendations
of the Defense Science Board Task Force on Directed Energy Weapons.
(b) Elements- The report required by subsection (a) shall include the following:
(1) An analysis of each of the findings and
recommendations of the Defense Science Board Task Force on Directed
Energy Weapons.
(2) A detailed description of the response of the
Department of Defense to each finding and recommendation of the Task
Force, including--
(A) for each recommendation that is being implemented or that the Secretary plans to implement--
(i) a summary of actions that have been taken to implement such recommendation; and
(ii) a schedule, with specific milestones, for completing the implementation of such recommendation; and
(B) for each recommendation that the Secretary does not plan to implement--
(i) the reasons for the decision not to implement such recommendation; and
(ii) a summary of the alternative actions, if
any, the Secretary plans to take to address the purposes underlying
such recommendation, if any.
(3) A summary of any additional actions, if any, the
Secretary plans to take to address concerns raised by the Task Force,
if any.
SEC. 256. ASSESSMENT OF STANDARDS FOR MISSION CRITICAL SEMICONDUCTORS PROCURED BY THE DEPARTMENT OF DEFENSE.
(a) Assessment of Methods for Verification of Trust of
Semiconductors Procured From Commercial Sources- The Under Secretary of
Defense for Acquisition, Technology, and Logistics shall conduct an
assessment of various methods for verification of trust of the
semiconductors procured by the Department of Defense from commercial
sources for utilization in mission critical components of potentially
vulnerable defense systems.
(b) Elements- The assessment required by subsection (a) shall include the following:
(1) An identification of various existing methods for
verification of trust of semiconductors that are suitable for
Department of Defense purposes as described in subsection (a).
(2) An identification of various methods for
verification of trust of semiconductors that are currently under
development and have promise for suitability for Department of Defense
purposes as described in subsection (a), including methods under
development at the Defense Agencies, the national laboratories, and
institutions of higher education, and in the private sector.
(3) A determination of the most suitable methods
identified under paragraphs (1) and (2) for Department of Defense
purposes as described in subsection (a).
(4) An assessment of additional research and technology
development efforts necessary to develop methods for verification of
trust of semiconductors to meet the needs of the Department of Defense.
(5) Any other matters that the Under Secretary
considers appropriate for the verification of trust of semiconductors
from commercial sources for utilization in mission critical components
of any category or categories of vulnerable defense systems.
(c) Consultation- The Under Secretary shall conduct the
assessment required by subsection (a) in consultation with appropriate
elements of the Department of Defense, the intelligence community,
private industry, and academia.
(d) Effective Date- The assessment required by subsection (a) shall be completed not later than December 31, 2009.
(e) Update- The Under Secretary shall from time to time
update the assessment required by subsection (a) to take into account
advances in technology.
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, $31,282,460,000.
(2) For the Navy, $34,811,598,000.
(3) For the Marine Corps, $5,607,354,000.
(4) For the Air Force, $35,244,587,000.
(5) For Defense-wide activities, $25,926,564,000.
(6) For the Army Reserve, $2,642,641,000.
(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, $5,909,846,000.
(11) For the Air National Guard, $5,883,926,000.
(12) For the United States Court of Appeals for the Armed Forces, $13,254,000.
(13) For Environmental Restoration, Army, $447,776,000.
(14) For Environmental Restoration, Navy, $290,819,000.
(15) For Environmental Restoration, Air Force, $496,277,000.
(16) For Environmental Restoration, Defense-wide, $13,175,000.
(17) For Environmental Restoration, Formerly Used Defense Sites, $257,796,000.
(18) For Overseas Humanitarian, Disaster and Civic Aid programs, $83,273,000.
(19) For Cooperative Threat Reduction programs, $434,135,000.
(20) For Overseas Contingency Operations Transfer Fund, $9,101,000.
Subtitle B--Environmental Provisions
SEC. 311. EXPANSION OF COOPERATIVE AGREEMENT AUTHORITY FOR
MANAGEMENT OF NATURAL RESOURCES TO INCLUDE OFF-INSTALLATION MITIGATION.
Section 103a(a) of the Sikes Act (16 U.S.C. 670c-1(a)) is
amended by striking `to provide for the maintenance and improvement'
and all that follows through the period at the end and inserting the
following: `to provide for one or both of the following:
`(1) The maintenance and improvement of natural
resources on, or to benefit natural and historic research on,
Department of Defense installations.
`(2) The maintenance and improvement of natural
resources outside of Department of Defense installations if the purpose
of the cooperative agreement is to relieve or eliminate current or
anticipated challenges that could restrict, impede, or otherwise
interfere, whether directly or indirectly, with current or anticipated
military activities.'.
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY
FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND
SITE, MOSES LAKE, WASHINGTON.
(a) Authority To Reimburse-
(1) TRANSFER AMOUNT- Using funds described in
subsection (b), the Secretary of Defense may, notwithstanding section
2215 of title 10, United States Code, 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.
SEC. 313. COMPREHENSIVE PROGRAM FOR THE ERADICATION OF THE BROWN TREE SNAKE POPULATION FROM MILITARY FACILITIES IN GUAM.
The Secretary of Defense shall establish a comprehensive
program to control and, to the extent practicable, eradicate the brown
tree snake population from military facilities in Guam and to ensure
that military activities, including the transport of civilian and
military personnel and equipment to and from Guam, do not contribute to
the spread of brown tree snakes.
Subtitle C--Workplace and Depot Issues
SEC. 321. 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) Consideration of Depot Level Maintenance and Repair
Using Contractor Furnished Equipment or Leased Facilities as Core
Logistics- Depot-level maintenance and repair work performed at a
Center of Industrial and Technical Excellence by Federal Government
employees using equipment furnished by contractors or by Federal
Government employees utilizing facilities leased by the Government may
be considered as workload necessary to maintain core logistics
capability for purposes of 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).'.
SEC. 322. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.
(a) Additional Army Depots- Subsection (e)(1) of section
2476 of title 10, United States Code, is amended by adding at the end
the following new subparagraphs:
`(F) Watervliet Arsenal, New York.
`(G) Rock Island Arsenal, Illinois.
`(H) Pine Bluff Arsenal, Arkansas.'.
(b) Separate Consideration and Reporting of Navy Depots and Marine Corps Depots- Such section is further amended--
(1) in subsection (d)(2), by adding at the end the following new subparagraph:
`(D) Separate consideration and reporting of Navy Depots and Marine Corps depots.'; and
(2) in subsection (e)(2)--
(A) by redesignating subparagraphs (A) through (G)
as clauses (i) through (vii), respectively, and indenting the margins
of such clauses, as so redesignated, 6 ems from the left margin;
(B) by inserting after `Department of the Navy:' the following:
`(A) The following Navy depots:';
(C) by inserting after clause (vii), as redesignated by subparagraph (A), the following:
`(B) The following Marine Corps depots:'; and
(D) by redesignating subparagraphs (H) and (I) as
clauses (i) and (ii), respectively, and indenting the margins of such
clauses, as so redesignated, 6 ems from the left margin.
Subtitle D--Reports
SEC. 331. ADDITIONAL INFORMATION UNDER ANNUAL SUBMISSIONS OF INFORMATION REGARDING INFORMATION TECHNOLOGY CAPITAL ASSETS.
Section 351 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2516; 10 U.S.C.
221 note) is amended--
(A) in paragraph (2), by striking `$30,000,000 and
an estimated total life cycle cost' and inserting `$30,000,000 or an
estimated total life cycle cost'; and
(B) by adding at the end the following new paragraph:
`(3) Information technology capital assets not covered
by paragraphs (1) and (2) that have been determined by the Chief
Information Officer of the Department of Defense to be significant
investments.';
(2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
(3) by inserting after subsection (c) the following new subsection (d):
`(d) Required Information for Significant Investments- With
respect to each information technology capital asset not covered by
paragraph (1) or (2) of subsection (a), but covered by paragraph (3) of
that subsection, the Secretary of Defense shall include such
information in a format that is appropriate to the current status of
such asset.'.
Subtitle E--Other Matters
SEC. 341. MITIGATION OF POWER OUTAGE RISKS FOR DEPARTMENT OF DEFENSE FACILITIES AND ACTIVITIES.
(a) Risk Assessment- The Secretary of Defense shall conduct
a comprehensive technical and operational risk assessment of the risks
posed to mission critical installations, facilities, and activities of
the Department of Defense by extended power outages resulting from
failure of the commercial electricity grid and related infrastructure.
(b) Risk Mitigation Plans-
(1) IN GENERAL- The Secretary of Defense shall develop
integrated prioritized plans to eliminate, reduce, or mitigate
significant risks identified in the risk assessment under subsection
(a).
(2) MITIGATION GOALS- In developing the risk mitigation
plans under paragraph (1), the Secretary of Defense shall prioritize
the mission critical installations, facilities, and activities that are
subject to the greatest and most urgent risks.
(1) IN GENERAL- The Secretary of Defense shall submit a
report on the efforts of the Department of Defense to mitigate the
risks described in subsection (a) as part of the budget justification
materials submitted to Congress in support of the Department of Defense
budget for fiscal year 2010 and each fiscal year thereafter (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code).
(2) CONTENT- Each report submitted under paragraph (1)
shall describe the integrated prioritized plans developed under
subsection (b) and the progress made toward achieving the goals
established under such subsection.
SEC. 342. INCREASED AUTHORITY TO ACCEPT FINANCIAL AND OTHER
INCENTIVES RELATED TO ENERGY SAVINGS AND NEW AUTHORITY RELATED TO
ENERGY SYSTEMS.
(a) Energy Savings- Section 2913(c) of title 10, United
States Code, is amended by inserting `or a 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 Incentives, Financial
Assistance, and Services- The Secretary of Defense may authorize any
military installation to accept any financial incentive, financial
assistance, or services generally available from a gas or electric
utility or State or local government 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.'.
SEC. 343. RECOVERY OF IMPROPERLY DISPOSED OF DEPARTMENT OF DEFENSE PROPERTY.
(a) In General- Chapter 165 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 2790. Recovery of improperly disposed of Department of Defense property
`(a) Prohibition- No member of the armed forces, civilian
employee of the United States Government, contractor personnel, or
other person may sell, lend, pledge, barter, or give any clothing,
arms, articles, equipment, or other military or Department of Defense
property except in accordance with the statutes and regulations
governing Government property.
`(b) Transfer of Title or Interest Ineffective- If property
has been disposed of in violation of subsection (a), the person holding
the property has no right or title to, or interest in, the property.
`(c) Authority for Seizure of Improperly Disposed of
Property- If any person is in the possession of military or Department
of Defense property without right or title to, or interest in, the
property because it has been disposed of in violation of subsection
(a), any Federal, State, or local law enforcement official may seize
the property wherever found.
`(d) Inapplicability to Certain Property- Subsections (b)
and (c) shall not apply to property on public display by public or
private collectors or museums in secured exhibits.
`(e) Determinations of Violations- (1) The appropriate
district court of the United States shall have jurisdiction, regardless
of the current approximated or estimated value of the property, to
determine whether property was disposed of in violation of subsection
(a). Any such determination shall be by a preponderance of the evidence.
`(2) In the case of property, the possession of which could
undermine national security or create a hazard to public health or
safety, the determination under paragraph (1) may be made after the
seizure of the property. If the person from whom the property is seized
is found to have been lawfully in possession of the property and the
return of the property could undermine national security or create a
hazard to public health or safety, the Secretary of Defense shall
reimburse the person for the fair value for the property.
`(f) Delivery of Seized Property- Any law enforcement
official who seizes property under subsection (c) 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 or the Department of Justice.
`(g) Retroactive Enforcement Authorized- This section shall
apply to any military or Department of Defense property that is
disposed of on or after January 1, 2002, in a manner that is not in
accordance with statutes and regulations governing Government property
in effect at the time of the disposal of the property.'.
(b) Clerical Amendment- The table of sections at the
beginning of chapter 165 of such title is amended by inserting the
following new item:
`2790. Recovery of improperly disposed of Department of Defense property.'.
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, 316,771.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General- The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2009, as follows:
(1) The Army National Guard of the United States, 352,600.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 66,700.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,756.
(6) The Air Force Reserve, 67,400.
(7) The Coast Guard Reserve, 10,000.
(b) 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, 14,360.
(6) The Air Force Reserve, 2,733.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2009 for the reserve components of the
Army and the Air Force (notwithstanding section 129 of title 10, United
States Code) shall be the following:
(1) For the Army Reserve, 8,395.
(2) For the Army National Guard of the United States, 27,210.
(3) For the Air Force Reserve, 10,003.
(4) For the Air National Guard of the United States, 22,459.
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. INCREASED END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE ARMY NATIONAL GUARD AND ARMY RESERVE AND
MILITARY TECHNICIANS (DUAL STATUS) OF THE ARMY NATIONAL GUARD.
(a) Reserves on Active Duty in Support of Army National
Guard and Army Reserve- Notwithstanding the limitations specified in
section 412 and subject to the provisions of this section, the number
of Reserves authorized as of September 30, 2009, to be serving on
full-time active duty or full-time duty, in the case of members of the
National Guard, for purposes of organizing, administering, recruiting,
instructing, or training the reserve components shall be the number as
follows:
(1) In the case of the Army National Guard of the
United States, the number authorized by section 412(1), plus an
additional 2,110 Reserves.
(2) In the case of the Army Reserve, the number authorized by section 412(2), plus an additional 91 Reserves.
(b) Military Technicians (Dual Status) of Army National
Guard- Notwithstanding the limitation specified in section 413(2) and
subject to the provisions of this section, the minimum number of
military technicians (dual status) as of September 30, 2009, for the
Army National Guard of the United States (notwithstanding section 129
of title 10, United States Code) shall be the number otherwise
specified in section 413(2), plus such additional number, not to exceed
1,170, military technicians (dual status) as the Secretary of the Army
considers appropriate.
(c) Assignment of Personnel Under Additional End Strengths-
Any personnel on duty or service under the additional end strengths
authorized by subsection (a) or (b) may only be assigned to units of
company size or below.
(d) Funding- The costs of any personnel under the
additional end strengths authorized by subsection (a) or (b) shall be
paid from funds authorized to be appropriated for fiscal year 2009 by
titles XV and XVI.
SEC. 417. MODIFICATION OF AUTHORIZED STRENGTHS FOR MARINE
CORPS RESERVE OFFICERS ON ACTIVE DUTY IN THE GRADES OF MAJOR AND
LIEUTENANT COLONEL TO MEET NEW FORCE STRUCTURE REQUIREMENTS.
(a) Authorized Strengths for Majors- The table in section
12011(a)(1) of title 10, United States Code, is amended by striking the
numbers in the column relating to `Major' in the items relating to the
Marine Corps Reserve and inserting the following new numbers:
(b) Authorized Strengths for Lieutenant Colonels- The table
in section 12011(a)(1) of such title is further amended by striking the
numbers in the column relating to `Lieutenant Colonel' in the items
relating to the Marine Corps Reserve and inserting the following new
numbers:
(c) Effective Date- The amendments made by this section
shall take effect on October 1, 2008, and shall apply with respect to
fiscal years beginning on or after that date.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations- There is hereby
authorized to be appropriated for fiscal year 2009 for the Department
of Defense for military personnel amounts as follows:
(1) For military personnel, $114,152,040,000.
(2) For contributions to the Medicare-Eligible Retiree Health Fund, $10,350,593,000.
(b) Construction of Authorization- The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2009.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. MODIFICATION OF DISTRIBUTION REQUIREMENTS FOR COMMISSIONED OFFICERS ON ACTIVE DUTY IN GENERAL AND FLAG OFFICER GRADES.
(a) Increase in Number of Officers Serving in Grades Above
Major General and Rear Admiral- Subsection (b) of section 525 of title
10, United States Code, is amended by striking `16.3 percent' each
place it appears in paragraphs (1) and (2)(A) and inserting `16.4
percent'.
(b) Exclusion of Certain Reserve Officers- Such section is further amended by adding at the end the following new subsection:
`(g) The limitations of this section do not apply to a
reserve general or flag officer who is on active duty under a call or
order to active duty specifying a period of active duty of not longer
than three years.'.
SEC. 502. MODIFICATION OF LIMITATIONS ON AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.
(a) General Limitations- Subsection (a) of section 526 of
title 10, United States Code, is amended by striking paragraphs (1)
through (4) and inserting the following new paragraphs:
`(3) For the Air Force, 206.
`(4) For the Marine Corps, 59.'.
(b) Limited Exclusion for Joint Duty Requirements- Subsection (b) of such section is amended to read as follows:
`(b) Limited Exclusion for Joint Duty Requirements- (1) The
Secretary of Defense may designate up to 324 general officer and flag
officer positions that are joint duty assignments for the purposes of
chapter 38 of this title for exclusion from the limitations in
subsection (a). Officers in positions so designated shall not be
counted for the purposes of those limitations.
`(2) Unless the Secretary of Defense determines that a
lower number is in the best interests of the nation, the minimum number
of officers serving in positions designated under paragraph (1) for
each armed force shall be as follows:
`(C) For the Air Force, 76.
`(D) For the Marine Corps, 21.'.
(c) Temporary Exclusion for Certain Temporary Billets- Such
section is further amended by inserting after subsection (b), as
amended by subsection (b) of this section, the following new subsection:
`(c) Temporary Exclusion for Assignment to Certain
Temporary Billets- (1) The limitations in subsection (a) do not apply
to a general or flag officer assigned to a temporary joint duty
assignment billet designated by the Secretary of Defense for purposes
of this section.
`(2) A general or flag officer assigned to a temporary
joint duty assignment as described in paragraph (1) may not be excluded
under this subsection from the limitations in subsection (a) for a
period longer than one year.'.
(d) Conforming Repeal of Limitation on Number of General
and Flag Officers Who May Serve in Positions Outside Their Own Service-
(1) REPEAL- Section 721 of title 10, United States Code, is repealed.
(2) CLERICAL AMENDMENT- The table of sections at the
beginning of chapter 41 of such title is amended by striking the item
relating to section 721.
(e) Acquisition and Contracting Billets- The Secretary of
Defense, the Secretaries of the military departments, the Chairman of
the Joint Chiefs of Staff, and the chiefs of staff of the Armed Forces
shall take appropriate actions to ensure that--
(1) not less than 12 percent of all general officers
and flag officers in the Armed Forces generally, and in each Armed
Force (as applicable), serve in an acquisition position; and
(2) not less than 10 percent of all general officers
and flag officers in the Armed Forces generally, and in each Armed
Force (as applicable), who serve in an acquisition position have
significant contracting experience.
(f) Effective Date- This section and the amendments made by this section shall take effect on January 1, 2010.
SEC. 503. CLARIFICATION OF JOINT DUTY REQUIREMENTS FOR PROMOTION TO GENERAL OR FLAG GRADES.
(a) In General- Subsection (a) of section 619a of title 10,
United States Code, is amended by striking `unless--' and all that
follows and inserting `unless the officer has been designated as a
joint qualified officer in accordance with section 661 of this title.'.
(b) Exceptions- Subsection (b) of such section is amended--
(1) in the matter preceding paragraph (1), by striking
`paragraph (1) or paragraph (2) of subsection (a), or both paragraphs
(1) and (2) of subsection (a),' and inserting `subsection (a)'; and
(2) in paragraph (4), by striking `if the officer's' and all that follows and inserting `if--
`(A) the officer's total consecutive years in joint duty assignments is not less than two years; and
`(B) the officer has successfully completed a
program of education meeting the requirements for Phase II joint
professional military education under subsections (b) and (c) of
section 2155 of this title'.
(c) Repeal of Special Rule for Nuclear Propulsion Officers- Such section is further amended by striking subsection (h).
(d) Conforming and Clerical Amendments-
(1) CONFORMING AMENDMENT- The heading of such section is amended to read as follows:
`Sec. 619a. Eligibility for consideration for promotion:
joint qualified officer designation required for promotion to general
or flag grade; exceptions'.
(2) 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 for promotion to general
or flag grade; exceptions.'.
SEC. 504. MODIFICATION OF AUTHORITIES ON LENGTH OF JOINT DUTY ASSIGNMENTS.
(a) Service Excludable From Tour Length Requirements-
Subsection (d) of section 664 of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph (D):
`(D) a qualifying reassignment from a joint duty assignment--
`(i) for unusual personal reasons (including
extreme hardship and medical conditions) beyond the control of the
officer or the armed forces; or
`(ii) to another joint duty assignment immediately after--
`(I) the officer was promoted to a higher
grade, if the reassignment was made because no joint duty assignment
was available within the same organization that was commensurate with
the officer's new grade; or
`(II) the officer's position was eliminated in a reorganization.'; and
(2) by striking paragraph (3) and inserting the following new paragraph (3):
`(3) Service in a joint duty assignment in a case in
which the officer's tour of duty in that assignment brings the
officer's accrued service for purposes of subsection (f)(3) to the
applicable standard prescribed in subsection (a).'.
(b) Exclusions of Service From Computing Average Tour
Lengths- Subsection (e) of such section is amended by striking
paragraph (2) and inserting the following new paragraph (2):
`(2) In computing the average length of joint duty
assignments for purposes of paragraph (1), the Secretary may exclude
the following service:
`(A) Service described in subsection (c).
`(B) Service described in subsection (d).
`(C) Service described in subsection (f)(6).'.
(c) Service Contributing Toward Full Tour of Duty- Subsection (f) of such section is amended--
(1) by striking paragraph (3) and inserting the following new paragraph (3):
`(3) Accrued joint experience in joint duty assignments as described in subsection (g).';
(2) in paragraph (4), by striking `(except that' and all that follows through `at any time)'; and
(3) by striking paragraph (6) and inserting the following new paragraph (6):
`(6) Any subsequent joint duty assignment that is less
than the period required under subsection (a), but not less than two
years.'.
(d) Accrual of Joint Experience- Subsection (g) of such section is amended to read as follows:
`(g) Accrued Joint Experience- Accrued joint experience
that may be aggregated to equal a full tour of duty for purposes of
subsection (f)(3) shall include such temporary duty in joint
assignments, joint individual training, and participation in joint
exercises, and for such periods, as shall be prescribed in regulations
by the Secretary of Defense in consultation with the advice of the
Chairman of the Joint Chiefs of Staff.'.
(e) Constructive Credit- Subsection (h) of such section is amended--
(A) by striking `accord' and inserting `award'; and
(B) by striking `(f)(4), or (g)(2)' and inserting `or (f)(4)'; and
(2) by striking paragraph (3).
(f) Repeal of Joint Duty Credit for Certain Joint Task
Force Assignments- Such section is further amended by striking
subsection (i).
SEC. 505. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO MODIFICATION OF JOINT SPECIALTY REQUIREMENTS.
(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 `designated as a joint qualified officer'; and
(2) in subsection (b)(1), by striking `do not have the
joint specialty' and inserting `are not designated as joint qualified
officers'.
(b) Procedures for Monitoring Careers of Joint Officers- Section 665 of such title is amended--
(1) in subsection (a)(l)(A), by striking `officers with
the joint specialty' and inserting `officers designated as joint
qualified officers'; and
(2) in subsection (b)(1), by striking `officers with
the joint specialty' and inserting `officers designated as joint
qualified officers'.
(c) Annual Reports- Section 667 of such title is amended--
(A) in subparagraph (A), by striking `selected for
the joint specialty' and inserting `designated as joint qualified
officers'; and
(B) in subparagraph (B), by striking `selection for
the joint specialty but were not selected' and inserting `designation
as joint qualified officers but were not designated';
(2) in paragraph (2), by striking `officers with the
joint specialty' and inserting `officers designated as 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 striking subparagraph (B) and inserting the following new subparagraph (B):
`(i) the number of officers designated as joint
qualified officers who had served in a joint duty assignment list
billet and completed Phase II joint professional military education;
with
`(ii) the number of officers designated as
joint qualified officers based on their aggregated joint experiences
and completion of Phase II joint professional military education.';
(5) by striking paragraph (16);
(6) by redesignating paragraphs (5) through (15) as paragraphs (6) through (16), respectively;
(7) by inserting after paragraph (4) the following new paragraph (5):
`(5) The promotion rate for officers from within the
promotion zone who are designated as joint qualified officers compared
with the promotion rate for other officers considered for promotion
from within the promotion zone in the same pay grade and the same
competitive category, shown for all officers of the armed force and for
officers of the armed force concerned designated as joint qualified
officers.';
(8) in paragraph (7), as redesignated by paragraph (6) of this subsection--
(A) by striking `officers with the joint specialty' and inserting `officers designated as joint qualified officers'; and
(B) by striking `paragraph (5)' and inserting `paragraph (6)';
(9) in paragraph (8), as so redesignated, by striking `paragraph (5)' and inserting `paragraph (6)';
(10) in paragraph (9), as so redesignated--
(A) by striking `officers with the joint specialty' and inserting `officers designated as joint qualified officers'; and
(B) by striking `paragraph (5)' and inserting `paragraph (6)';
(11) in paragraph (10), as so redesignated--
(A) by striking `officers with the joint specialty' and inserting `officers designated as joint qualified officers'; and
(B) by striking `paragraph (5)' and inserting `paragraph (6)';
(12) in paragraph (11), as so redesignated, by striking
`selection for the joint specialty' and inserting `designation as joint
qualified officers';
(13) in paragraph (14), as so redesignated--
(A) by striking `paragraphs (5) through (9)' and inserting `paragraphs (6) through (10)'; and
(B) by striking `having the joint specialty' and inserting `designated as joint qualified officers';
(14) by redesignating paragraph (18) as paragraph (19); and
(15) by inserting after paragraph (17) the following new paragraph (18):
`(18) The number of officers in the grade of captain or
above, or in the case of the Navy, lieutenant or above, certified at
each level of joint qualification, with such numbers to be set forth
separated for each armed force and for each covered grade of officer
within each armed force.'.
SEC. 506. ELIGIBILITY OF RESERVE OFFICERS TO SERVE ON BOARDS
OF INQUIRY FOR SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD
PERFORMANCE AND OTHER REASONS.
(a) Eligibility- Section 1187 of title 10, United States Code, is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
(2) in subsection (b), by striking `on active duty' in the matter preceding paragraph (1).
(b) Conforming Amendment- The heading of subsection (a) of
such section is amended by striking `Active Duty Officers' and
inserting `In General'.
SEC. 507. MODIFICATION OF AUTHORITY ON STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS.
(a) Grade of Staff Judge Advocate to the Commandant of the
Marine Corps- Section 5046(a) of title 10, United States Code, is
amended by striking the last sentence and inserting the following new
sentence: `The Staff Judge Advocate to the Commandant of the Marine
Corps, while so serving, has the grade of major general.'.
(b) Exclusion From General Officer Distribution Limitations- Section 525(a) of such title is amended--
(1) by inserting `(1)' after `(a)'; and
(2) by adding at the end the following new paragraph:
`(2) An officer while serving in the position of Staff
Judge Advocate to the Commandant of the Marine Corps under section 5046
of this title is in addition to the number that would otherwise be
permitted for the Marine Corps for officers in grades above the
brigadier general under the first sentence of paragraph (1).'.
SEC. 508. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE UNITED STATES AIR FORCE ACADEMY.
Section 9331(b)(4) of title 10, United States Code, is
amended by striking `21 permanent professors' and inserting `25
permanent professors'.
SEC. 509. SERVICE CREDITABLE TOWARD RETIREMENT FOR THIRTY
YEARS OR MORE OF SERVICE OF REGULAR WARRANT OFFICERS OTHER THAN REGULAR
ARMY WARRANT OFFICERS.
Section 1305 of title 10, United States Code, is amended--
(1) in subsection (a), `A regular warrant officer' and inserting `A regular Army warrant officer';
(2) by redesignating subsections (b) and (c) as subsections (c), and (d), respectively;
(3) by inserting after subsection (a) the following new subsection (b);
`(b) A regular warrant officer (other than a regular Army
warrant officer) who has at least 30 years of active service that could
be credited to him under section 511 of the Career Compensation Act of
1949, as amended, may be retired 60 days after the date on which he
completes that service, except as provided by section 8301 of title
5.'; and
(4) in subsections (c) and (d), as redesignated by paragraph (2), by inserting `or (b)' after `subsection (a)'.
SEC. 510. MODIFICATION OF REQUIREMENTS FOR QUALIFICATION FOR ISSUANCE OF POSTHUMOUS COMMISSIONS AND WARRANTS.
(a) Posthumous Commissions- Section 1521 of title 10, United States Code, is amended--
(1) in subsection (a), by striking `in line of duty' each place it appears; and
(2) by adding at the end the following new subsection:
`(c) A commission issued under subsection (a) shall require
a 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 of such title is amended--
(1) in subsection (a), by striking `in line of duty'; and
(2) by adding at the end the following new subsection:
`(c) A warrant issued under subsection (a) 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.'.
(c) Effective Date- The amendments made by this section
shall take effect on the date of the enactment of this Act, and shall
apply with respect to deaths of members of the Armed Forces occurring
on or after that date.
Subtitle B--Enlisted Personnel Policy
SEC. 521. INCREASE IN MAXIMUM PERIOD OF REENLISTMENT OF REGULAR MEMBERS OF THE ARMED FORCES.
(a) Increase in Maximum Period- Section 505(d) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking `six years' and inserting `eight years'; and
(2) in paragraph (3)(A), by striking `six years' and inserting `eight years'.
(b) Conforming Amendment Relating to Payment of
Reenlistment Bonus- Section 308(a)(2)(A)(ii) of title 37, United States
Code, is amended by striking `six' and inserting `eight'.
Subtitle C--Reserve Component Management
SEC. 531. MODIFICATION OF LIMITATIONS ON AUTHORIZED STRENGTHS OF RESERVE GENERAL AND FLAG OFFICERS IN ACTIVE STATUS.
(a) Exclusion of army and Air Force Officers Serving in
Joint Duty Assignments- Subsection (b) of section 12004 of title 10,
United States Code, is amended by adding at the end the following new
paragraph;
`(4) Those serving in a joint duty assignment for
purposes of chapter 38 of this title, except that the number of
officers who may be excluded under this paragraph may not exceed the
number equal to 20 percent of the number of officers authorized for the
armed force concerned by subsection (a).'.
(b) Exclusion of Navy Officers Serving in Joint Duty Assignments- Subsection (c) of such section is amended--
(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and
(2) by striking the matter in paragraph (1) before the matter relating to line corps and inserting the following:
`(1) The following Navy reserve officers shall not be counted for purposes of this section:
`(A) Those counted under section 526 of this title.
`(B) Those serving in a joint duty assignment for
purposes of chapter 38 of this title, except that the number of
officers who may be excluded under this paragraph may not exceed the
number equal to 20 percent of the number of officers authorized for the
Navy in subsection (a).
`(2) Of the number of Navy reserve officers authorized by
subsection (a), 40 are distributed among the line and staff corps as
follows:'.
SEC. 532. EXTENSION TO OTHER RESERVE COMPONENTS OF ARMY
AUTHORITY FOR DEFERRAL OF MANDATORY SEPARATION OF MILITARY TECHNICIANS
(DUAL STATUS) UNTIL AGE 60.
Section 10216(f) of title 10, United States Code, is
amended by inserting `and the Secretary of the Air Force' after
`Secretary of the Army'.
SEC. 533. INCREASE IN MANDATORY RETIREMENT AGE FOR CERTAIN RESERVE OFFICERS TO AGE 62.
(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) Headquarters and Reserve Technician Officer Personnel-
(1) IN GENERAL- Subsection (b) of section 14702 of such title is amended--
(A) in the subsection caption, by striking `Age 60' and inserting `Age 62'; and
(B) by striking `60 years' and inserting `62 years'.
(2) CONFORMING AMENDMENT- The heading of such section is amended to read as follows:
`Sec. 14702. Retention on reserve active-status list of certain officers until age 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. 534. AUTHORITY FOR VACANCY PROMOTION OF NATIONAL GUARD
AND RESERVE OFFICERS ORDERED TO ACTIVE DUTY IN SUPPORT OF A CONTINGENCY
OPERATION.
Section 14317 of title 10, United States Code, is amended--
(A) by inserting `(1)' before `Except as provided in subsection (e)'; and
(B) by striking `unless' in the first sentence and
all that follows through the end of the subsection and inserting
`unless the officer--
`(A) is ordered to active duty as a member of the unit
in which the vacancy exists when that unit is ordered to active duty; or
`(B) has been ordered to or is serving on active duty in support of a contingency operation.
`(2) If the name of an officer is removed under paragraph
(1) from a list of officers recommended for promotion, the officer
shall be treated as if the officer had not been considered for
promotion or examined for Federal recognition.'; and
(2) in subsection (e)(1)(B), by inserting `or by examination for Federal recognition under title 32' after `this title'.
SEC. 535. AUTHORITY FOR RETENTION OF RESERVE COMPONENT CHAPLAINS AND MEDICAL OFFICERS UNTIL AGE 68.
(a) Reserve Chaplains and Medical Officers- Section
14703(b) of title 10, United States Code, is amended by striking `67
years' and inserting `68 years'.
(b) National Guard Chaplains and Medical Officers- Section 324(a) of title 32, United States Code, is amended--
(1) in paragraph (1), by striking `or' at the end;
(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. 536. MODIFICATION OF AUTHORITIES ON DUAL DUTY STATUS OF NATIONAL GUARD OFFICERS.
(a) Dual Duty Status Authorized for Any Officer on Active
Duty- Subsection (a)(2) of section 325 of title 32, United States Code,
is amended by striking `in command of a National Guard unit'.
(b) Advance Authorization and Consent to Dual Duty Status- Such section is further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new subsection (b):
`(b) Advance Authorization and Consent- The President and
the Governor of a State or Territory, or of the Commonwealth of Puerto
Rico, or the commanding general of the District of Columbia National
Guard, as applicable, may give the authorization or consent required by
subsection (a)(2) with respect to an officer in advance for the purpose
of establishing the succession of command of a unit.'.
SEC. 537. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
(a) In General- Subsection (d) of section 509 of title 32, United States Code, is amended to read as follows:
`(d) Matching Funds Required- (1) The amount of assistance
provided by the Secretary of Defense to a State program of the Program
for a fiscal year under this section may not exceed 60 percent of the
costs of operating the State program during that fiscal year.
`(2) The limitation in paragraph (1) may not be construed
as a limitation on the amount of assistance that may be provided to a
State program of the Program for a fiscal year from sources other than
the Department of Defense.'.
(b) Effective Date- The amendment made by subsection (a)
shall take effect on October 1, 2008, and shall apply with respect to
fiscal years beginning on or after that date.
SEC. 538. REPORT ON COLLECTION OF INFORMATION ON CIVILIAN SKILLS OF MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES.
Not later than March 1, 2009, the Secretary of Defense
shall submit to the congressional defense committees a report on the
feasibility and advisability, utility, and cost effectiveness of the
following:
(1) The collection by the Department of Defense of
information on the civilian skills, qualifications, and professional
certifications of members of the reserve components of the Armed Forces
that are relevant to military manpower requirements.
(2) The establishment by each military department, and
by the Department of Defense generally, of a system that would match
billets and personnel requirements with members of the reserve
components of the Armed Forces who have skills, qualifications, and
certifications relevant to such billets and requirements.
(3) The establishment by the Department of Defense of
one or more systems accessible by private employers who employ
individuals with skills, qualifications, and certifications possessed
by members of the reserve components of the Armed Forces to assist such
employers in hiring and employing such members.
(4) Actions to ensure that employment information
collected for and maintained in the Civilian Employment Information
database of the Department of Defense is current and accurate.
(5) Actions to incorporate any matter determined
feasible and advisable under paragraphs (1) through (4) into the
Defense Integrated Military Human Resources System.
Subtitle D--Education and Training
SEC. 551. AUTHORITY TO PRESCRIBE THE AUTHORIZED STRENGTH OF THE UNITED STATES NAVAL ACADEMY.
(a) In General- 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'; and
(B) by striking `under subsection (h)'; and
(2) by striking subsection (h).
(b) Effective Date- The amendments made by subsection (a)
shall apply with respect to academic years at the United States Naval
Academy after the 2007-2008 academic year.
SEC. 552. TUITION FOR ATTENDANCE OF CERTAIN INDIVIDUALS 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) The Institute shall charge tuition for the cost of
instruction at the Institute for individuals described in subparagraph
(B).
`(B) The individuals described in this subparagraph are any
individuals, including civilian employees of the military departments
other than the Air Force, of other components of the Department of
Defense, and of other Federal agencies, receiving instruction at the
Institute.
`(C) The cost of any tuition charged an individual under
this paragraph shall be borne by the department, agency, or component
sending the individual for instruction at the Institute.
`(5) Amounts received by the Institute for the instruction
of students under this subsection shall be retained by the Institute
and available to the Institute to cover the costs of such instruction.
The source and disposition of such amounts shall be specifically
identified in the records of the Institute.'.
SEC. 553. INCREASE IN STIPEND FOR BACCALAUREATE STUDENTS IN
NURSING OR OTHER HEALTH PROFESSIONS UNDER HEALTH PROFESSIONS STIPEND
PROGRAM.
Section 16201 of title 10, United States Code, is amended--
(1) in subsection (e)(2)(A), by striking `of $100 per
month' and inserting `, in an amount determined under subsection (f),';
and
(2) in subsection (f), by striking `subsection (b) or (c)' and inserting `subsection (b), (c), or (e)'.
SEC. 554. CLARIFICATION OF DISCHARGE OR RELEASE TRIGGERING
DELIMITING PERIOD FOR USE OF EDUCATIONAL ASSISTANCE BENEFIT FOR RESERVE
COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND OTHER
OPERATIONS.
Section 16164(a)(2) of title 10, United States Code, is
amended by striking `other than dishonorable conditions' and inserting
`honorable conditions'.
SEC. 555. PAYMENT BY THE SERVICE ACADEMIES OF CERTAIN
EXPENSES ASSOCIATED WITH PARTICIPATION IN ACTIVITIES FOSTERING
INTERNATIONAL COOPERATION.
(a) In General- Chapter 101 of title 10, United States Code, is amended by adding the following new section:
`Sec. 2016. Service academies: payment of expenses of
foreign visitors for international cooperation; expenses of cadets and
midshipmen in certain travel or study abroad
`(a) Payment of Expenses of Certain Foreign Visitors- The
Superintendent of the United States Military Academy, the United States
Naval Academy, or the United States Air Force Academy may, if such
Superintendent considers it necessary in the interests of international
cooperation, pay the following:
`(1) Travel, subsistence, and special compensation of
officers, students, and representatives of foreign countries visiting
the service academy concerned.
`(2) Other hosting and entertainment expenses in connection with foreign visitors to the service academy concerned.
`(b) Per Diem for Cadets and Midshipmen Traveling or
Studying Abroad- A cadet at the United States Military Academy or the
United States Air Force Academy, and a midshipman at the United States
Naval Academy, who travels or studies abroad in a program to enhance
language skills or cultural understanding may be paid per diem in
connection with such travel or study at a rate lower than the rate
authorized by the Joint Federal Travel Regulations if the
Superintendent of the service academy concerned determines that payment
of per diem at such lower rate is in the best interest of the United
States.'.
(b) Clerical Amendment- The table of sections at the
beginning of chapter 101 of such title is amended by adding at the end
the following new item:
`2016. Service academies: payment of costs of foreign
visitors for international cooperation; expenses of cadets and
midshipmen in certain travel or study abroad.'.
Subtitle E--Defense Dependents' Education Matters
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL
EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of
Military Dependent Students- Of the amount authorized to be
appropriated for fiscal year 2009 pursuant to section 301(5) for
operation and maintenance for Defense-wide activities, $30,000,000
shall be available only for the purpose of providing assistance to
local educational agencies under subsection (a) of section 572 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3271; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to
Base Closures, Force Structure Changes, or Force Relocations- Of the
amount authorized to be appropriated for fiscal year 2009 pursuant to
section 301(5) for operation and maintenance for Defense-wide
activities, $10,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under subsection (b)
of such section 572.
(c) Local Educational Agency Defined- In this section, the
term `local educational agency' has the meaning given that term in
section 8013(9) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7713(9)).
SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year
2009 pursuant to section 301(5) for operation and maintenance for
Defense-wide activities, $5,000,000 shall be available for payments
under section 363 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-77; 20 U.S.C. 7703a).
SEC. 563. TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG LOCAL EDUCATIONAL AGENCIES.
Subsection (d) of section 574 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2227; 20 U.S.C. 7703b note) is amended to read as follows:
`(d) Transition of Military Dependents Among Local
Educational Agencies- (1) The Secretary of Defense shall work
collaboratively with the Secretary of Education in any efforts to ease
the transitions of military dependent students from Department of
Defense dependent schools to other schools and among schools of local
educational agencies.
`(2) The Secretary of Defense may use funds of the Department of Defense Education Activity for purposes as follows:
`(A) To share expertise and experience of the Activity
with local educational agencies as military dependent students make the
transitions described in paragraph (1), including transitions resulting
from the closure or realignment of military installations under a base
closure law, global rebasing, and force restructuring.
`(B) To provide programs for local educational agencies
with military dependent students undergoing the transitions described
in paragraph (1), including programs for training for teachers and
access to distance learning courses for military dependent students who
attend public schools in the United States.'.
Subtitle F--Military Family Readiness
SEC. 571. AUTHORITY FOR EDUCATION AND TRAINING FOR MILITARY SPOUSES PURSUING PORTABLE CAREERS.
Section 1784 of title 10, United States Code, is amended by inserting at the end the following new subsection:
`(h) Education and Training for Military Spouses Pursuing
Portable Careers- (1) The Secretary of Defense may carry out programs
to provide or make available to eligible spouses of members of the
armed forces education and training to facilitate the pursuit by such
eligible spouses of a portable career.
`(2) In carrying out programs under this subsection, the
Secretary may provide assistance utilizing funds available to carry out
this section in accordance with such regulations as the Secretary shall
prescribe for purposes of this subsection.
`(A)(i) The term `eligible spouse' means any person married to a member of the armed forces on active duty.
`(ii) The term does not include the following:
`(I) Any person who is married to, but legally
separated from, a member of the armed forces under court order or
statute of any State or possession of the United States.
`(II) Any person who is a member of the armed forces.
`(B) The term `portable career' includes an occupation
identified by the Secretary of Defense, in consultation with the
Secretary of Labor, as requiring education and training that results in
a credential that is recognized nationwide by industry or specific
businesses.'.
Subtitle G--Other Matters
SEC. 581. DEPARTMENT OF DEFENSE POLICY ON THE PREVENTION OF SUICIDES BY MEMBERS OF THE ARMED FORCES.
(a) Policy Required- Not later than August 1, 2009, the
Secretary of Defense shall develop a comprehensive policy designed to
prevent suicide by members of the Armed Forces.
(b) Purposes- The purposes of the policy required by this section shall be as follows:
(1) To ensure that investigations, analyses, and
appropriate data collection can be conducted, across the military
departments, on the causes and factors surrounding suicides by members
of the Armed Forces.
(2) To develop effective strategies and policies for
the education of members of the Armed Forces to assist in preventing
suicides and suicide attempts by members of the Armed Forces.
(c) Elements- The policy required by this section shall include, but not be limited to, the following:
(1) Requirements for investigations and data collection in connection with suicides by members of the Armed Forces.
(2) A requirement for the appointment by the
appropriate military authority of a separate investigating officer to
conduct an administrative investigation into each suicide by a member
of the Armed Forces in accordance with the requirements specified under
paragraph (1).
(3) Requirements for minimum information to be
determined under each investigation pursuant to paragraph (2),
including, but not limited to, the following:
(A) Any mental illness or other mental health
condition, including Post Traumatic Stress Disorder (PTSD), of the
member of the Armed Forces concerned at the time of the completion of
suicide.
(B) Any other illness or injury of the member at the time of the completion of suicide.
(C) Any receipt of health care services, including
mental health care services, by the member before the completion of
suicide.
(D) Any utilization of prescription drugs by the member before the completion of suicide.
(E) The number, frequency, and dates of deployment of the member.
(F) The military duty assignment of the member at the time of the completion of suicide.
(G) Any observations by family members, health care
providers, medical care managers, and other members of the Armed Forces
of any symptoms of depression, anxiety, alcohol or drug abuse, or other
relevant behavior in the member before the completion of suicide.
(H) The results of a psychological autopsy of the member, if conducted.
(4) A requirement for a report from each administrative
investigation conducted pursuant to paragraph (2) which shall set forth
the findings and recommendations resulting from such investigation.
(5) Procedures for the protection of the
confidentiality of information contained in each report on an
investigation pursuant to paragraph (4).
(6) A requirement that the Deputy Chief of Staff for
Personnel of the military department concerned receive and analyze each
report on an investigation pursuant to paragraph (4).
(7) The appointment by the Secretary of Defense of an
appropriate official or executive agent within the Department of
Defense to receive and analyze each report on an investigation pursuant
to paragraph (4) in order to--
(A) identify trends or common causal factors in suicides by members of the Armed Forces; and
(B) advise the Secretary on means by which the
suicide education and prevention strategies and programs of the
military departments can respond appropriately and effectively to such
trends and causal factors.
(8) A requirement for an annual report to the Secretary
of Defense by each Secretary of a military department on the following:
(A) The results of investigations into suicide by
members of the Armed Forces pursuant to paragraph (2) for each calendar
year beginning with 2010.
(B) Actions taken to improve the suicide education and prevention strategies and programs of the military departments.
(d) Construction of Investigation With Other Investigation
Requirements- The investigation of the suicide by a member of the Armed
Forces under the policy required by this section shall be in addition
to any other investigation of the suicide required by law, including
any investigation for criminal purposes.
(e) Report- Not later than August 1, 2009, the Secretary of
the Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on the policy required by this section. The
report shall include--
(1) a description of the policy; and
(2) a plan for the implementation of the policy throughout the Department of Defense.
SEC. 582. RELIEF FOR LOSSES INCURRED AS A RESULT OF CERTAIN INJUSTICES OR ERRORS OF THE DEPARTMENT OF DEFENSE.
(a) Relief Authorized- Chapter 3 of title 10, United States
Code, is amended by inserting after section 127c, as added by section
1201 of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2410), the following new
section:
`Sec. 127e. Relief for losses incurred as a result of certain injustices or errors of the Department of Defense
`(a) Relief Authorized- Under regulations prescribed by the
Secretary of Defense, the Secretary of Defense or the Secretary of the
military department concerned may, upon a determination that a member
or former member of the armed forces has suffered imprisonment as a
result of an injustice or error of the Department of Defense or any of
its employees acting in an official capacity following conviction by a
court-martial, provide such relief on account of such error as such
Secretary determines equitable and fair, including the payment of
moneys to any person whom such Secretary determines is entitled to such
moneys.
`(b) Payment as a Matter of Sole Discretion- The payment of
any moneys under this section is within the sole discretion of the
Secretary of Defense and the Secretaries of the military departments.
`(c) Payment of Interest- The authority to pay moneys under
this section includes the authority to pay interest on such moneys in
amounts calculated in accordance with the regulations required under
subsection (a).
`(d) Funds- Amounts for the payment of moneys and interest
under this section shall be derived from amounts available to the
Secretary of Defense or the Secretary of the military department
concerned for the payment of emergency and extraordinary expenses under
section 127 of this title.
`(e) Annual Reports- Each annual report of the Secretary of
Defense under section 127(d) of this title shall include a description
of the disposition of each request for relief under this section during
the fiscal year covered by such report, including a statement of the
amount paid with respect to each finding of injustice or error
warranting payment under this section during such fiscal year.'.
(b) Clerical Amendment- The table of sections at the
beginning of chapter 3 of such title is amended by inserting after the
item relating to section 127c, as so added, the following new item:
`127e. Relief for losses incurred as a result of certain injustices or errors of the Department of Defense.'.
SEC. 583. PATERNITY LEAVE FOR MEMBERS OF THE ARMED FORCES.
(a) Leave Authorized- Section 701 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
`(j)(1) Under regulations prescribed by the Secretary of
Defense, a member of the armed forces on active duty who is the husband
of a woman who gives birth to a child may be given up to 21 days of
leave to be used in connection with the birth of the child.
`(2) Leave under paragraph (1) is in addition to other leave authorized under the provisions of this section.'.
(b) Effective Date- The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act, and shall
apply only with respect to children born on or after that date.
SEC. 584. ENHANCEMENT OF AUTHORITIES ON PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN INTERNATIONAL SPORTS COMPETITIONS.
(a) In General- Section 717 of title 10, United States Code, is amended--
(1) in subsection (a)(1), by striking `and the Olympic Games' and inserting `the Olympic Games, and the Military World Games';
(2) in subsection (b), by striking `subsections (c) and (d)' and inserting `subsections (c) and (e)';
(i) by striking `$3,000,000' and inserting `$6,000,000'; and
(ii) by striking `October 1, 1980' and inserting `October 1, 2008'; and
(i) by striking `$100,00' and inserting `$200,000'; and
(ii) by striking `October 1, 1980' and inserting `October 1, 2008';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new subsection (d):
`(d)(1) The Secretary of Defense may plan for the following:
`(A) The participation by military personnel in
international sports activities and competitions as authorized by
subsection (a).
`(B) The hosting of military international sports activities, competitions, and events such as the Military World Games.
`(2) Planning and other activities associated with hosting
of international sports activities, competitions, and events under this
subsection shall, to the maximum extent possible, be funded using
appropriations available to the Department of Defense .'.
(b) Report on Planning for International Sports Activities, Competitions, and Events-
(1) REPORT REQUIRED- Not later than October 1, 2009,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
setting forth a comprehensive plan for the following:
(A) The participation by personnel of the
Department of Defense in international sports activities, competitions,
and events (including the Pan American Games, the Olympic Games, the
Paralympic Games, the Military World Games, other activities of the
International Military Sports Council (CISM), and the Interallied
Confederation of Reserve Officers (CIOR)) through fiscal year 2015.
(B) The hosting by the Department of Defense of
military international sports activities, competitions, and events
through fiscal year 2015.
(2) ELEMENTS- The report required by paragraph (1) shall include the following:
(A) A discussion of the military international
sports activities, competitions, and events that the Department of
Defense intends to seek to host, an estimate of the costs of hosting
such activities, competitions, and events that the Department intends
to seek to host, and a description of the sources of funding for such
costs.
(B) A discussion of the use and replenishment of
funds in the account in the Treasury for the Support for International
Sporting Competitions for the hosting of such activities, competitions,
and events that the Department intends to seek to host.
(C) A discussion of the support that may be
obtained from other departments and agencies of the Federal Government,
State and local governments, and private entities in encouraging
participation of members of the Armed Forces in international sports
activities, competitions, and events or in hosting of military
international sports activities, competitions, and events.
(D) Such recommendations for legislative or
administrative action as the Secretary considers appropriate to
implement or enhance planning for the matters described in paragraph
(1).
(c) Effective Date- The amendments made by subsection (a) shall take effect on October 1, 2008.
SEC. 585. PILOT PROGRAMS ON CAREER FLEXIBILITY TO ENHANCE RETENTION OF MEMBERS OF THE ARMED FORCES.
(a) Pilot Programs Authorized-
(1) IN GENERAL- Each Secretary of a military department
may carry out a pilot program under which officers and enlisted members
of the regular components of the Armed Forces under the jurisdiction of
such Secretary may be inactivated from active duty in order to meet
personal or professional needs and returned to active duty at the end
of such period of inactivation from active duty.
(2) PURPOSE- The purpose of the pilot programs under
this section shall be to evaluate whether permitting inactivation from
active duty and greater flexibility in career paths for members of the
Armed Forces will provide an effective means to enhance retention of
members of the Armed Forces and the capacity of the Department of
Defense to respond to the personal and professional needs of individual
members of the Armed Forces.
(b) Limitation on Eligible Members- A member of the Armed
Forces is not eligible to participate in a pilot program under this
section during any period of service required of the member due to
receipt of the following:
(1) An accession bonus for medical officers in
critically short wartime specialties under section 302k of title 37,
United States Code.
(2) An accession bonus for dental specialists in
critically short wartime specialties under section 302l of title 37,
United States Code.
(3) A retention bonus for members qualified in critical
military skills or assigned to high priority units under section 355 of
title 37, United States Code.
(c) Limitation on Number of Members- Not more than 20
officers and 20 enlisted members of an Armed Force may participate in a
pilot program under this section at any one time.
(d) Limitation on Period of Inactivation From Active Duty-
The period of inactivation from active duty under the pilot program
under this section of a member participating in the pilot program shall
be such period as the Secretary concerned shall specify in the
agreement of the member under subsection (e), except that such period
may not exceed three years.
(e) Agreement- Each member of the Armed Forces who
participates in a pilot program under this section shall enter into a
written agreement with the Secretary of the military department
concerned under which agreement that member shall agree as follows:
(1) To accept an appointment or enlist, as applicable,
and serve in the Ready Reserve of the Armed Force concerned during the
period of the member's inactivation from active duty under the pilot
program.
(2) To undergo during the period of the inactivation of
the member from active duty under the pilot program such inactive duty
training as the Secretary concerned shall require in order to ensure
that the member retains appropriate proficiency in the member's
military skills, professional qualifications, and physical readiness
during the inactivation of the member from active duty.
(3) Following completion of the period of the
inactivation of the member from active duty under the pilot program, to
serve two months as a member of the Armed Forces on active duty for
each month of the period of the inactivation of the member from active
duty under the pilot program.
(f) Order to Active Duty- Under regulations prescribed by
the Secretary of the military department concerned, a member of the
Armed Forces participating in a pilot program under this section may,
in the discretion of such Secretary, be required to terminate
participation in the pilot program and be ordered to active duty.
(1) BASIC PAY- During each month of participation in a
pilot program under this section, a member who participates in the
pilot program shall be paid basic pay in an amount equal to
two-thirtieths of the amount of monthly basic pay to which the member
would otherwise be entitled under section 204 of title 37, United
States Code, as a member of the uniformed services on active duty in
the grade and years of service of the member when the member commences
participation in the pilot program.
(2) SPECIAL AND INCENTIVE PAYS-
(A) PROHIBITION ON RECEIPT DURING PARTICIPATION- A
member who participates in a pilot program shall not, while
participating in the pilot program, be paid any special or incentive
pay or bonus to which the member is otherwise entitled under an
agreement under chapter 5 of title 37, United States Code, that is in
force when the member commences participation in the pilot program.
(B) TREATMENT OF REQUIRED SERVICE- The inactivation
from active duty of a member participating in a pilot program shall not
be treated as a failure of the member to perform any period of service
required of the member in connection with an agreement for a special or
incentive pay or bonus under chapter 5 of title 37, United States Code,
that is in force when the member commences participation in the pilot
program.
(C) REVIVAL OF SPECIAL PAYS UPON RETURN TO ACTIVE
DUTY- Subject to subparagraph (D), upon the return of a member to
active duty after completion by the member of participation in a pilot
program--
(i) any agreement entered into by the member
under chapter 5 of title 37, United States Code, for the payment of a
special or incentive pay or bonus that was in force when the member
commenced participation in the pilot program shall be revived, with the
term of such agreement after revival being the period of the agreement
remaining to run when the member commenced participation in the pilot
program; and
(ii) any special or incentive pay or bonus
shall be payable to the member in accordance with the terms of the
agreement concerned for the term specified in clause (i).
(i) LIMITATION AT TIME OF RETURN TO ACTIVE
DUTY- Subparagraph (C) shall not apply to any special or incentive pay
or bonus otherwise covered by that subparagraph with respect to a
member if, at the time of the return of the member to active duty as
described in that subparagraph--
(I) such pay or bonus is no longer authorized by law; or
(II) the member does not satisfy
eligibility criteria for such pay or bonus as in effect at the time of
the return of the member to active duty.
(ii) CESSATION DURING LATER SERVICE-
Subparagraph (C) shall cease to apply to any special or incentive pay
or bonus otherwise covered by that subparagraph with respect to a
member if, during the term of the revived agreement of the member under
subparagraph (C)(i), such pay or bonus ceases being authorized by law.
(E) REPAYMENT- A member who is ineligible for
payment of a special or incentive pay or bonus otherwise covered by
this paragraph by reason of subparagraph (D)(i)(II) shall be subject to
the requirements for repayment of such pay or bonus in accordance with
the terms of the applicable agreement of the member under chapter 5 of
title 37, United States Code.
(F) CONSTRUCTION OF REQUIRED SERVICE- Any service
required of a member under an agreement covered by this paragraph after
the member returns to active duty as described in subparagraph (C)
shall be in addition to any service required of the member under an
agreement under subsection (e).
(3) CERTAIN TRAVEL AND TRANSPORTATION ALLOWANCES-
(A) IN GENERAL- Subject to subparagraph (B), a
member who participates in a pilot program is entitled, while
participating in the pilot program, to the travel and transportation
allowances authorized by section 404 of title 37, United States Code,
for--
(i) travel performed from the member's
residence, at the time of release from active duty to participate in
the pilot program, to the location in the United States designated by
the member as his residence during the period of participation in the
pilot program; and
(ii) travel performed to the member's residence
upon return to active duty at the end of the member's participation in
the pilot program.
(B) LIMITATION- An allowance is payable under this
paragraph only with respect to travel of a member to and from a single
residence.
(A) LIMITATION ON PROMOTION- An officer
participating in a pilot program under this section shall not, while
participating in the pilot program, be eligible for consideration for
promotion under chapter 36 or 1405 of title 10, United States Code.
(B) PROMOTION AND RANK UPON RETURN TO ACTIVE DUTY-
Upon the return of an officer to active duty after completion by the
officer of participation in a pilot program--
(i) the Secretary concerned shall adjust the
officer's date of rank in such manner as the Secretary of Defense shall
prescribe in regulations for purposes of this section; and
(ii) the officer shall be eligible for
consideration for promotion when officers of the same competitive
category, grade, and seniority are eligible for consideration for
promotion.
(2) ENLISTED MEMBERS- An enlisted member participating
in a pilot program shall not be eligible for consideration for
promotion during the period that--
(A) begins on the date of the member's inactivation from active duty under the pilot program; and
(B) ends at such time after the return of the
member to active duty under the pilot program that the member is
treatable as eligible for promotion by reason of time in grade and such
other requirements as the Secretary of the military department
concerned shall prescribe in regulations for purposes of the pilot
program.
(i) Medical and Dental Care- A member participating in a
pilot program under this section shall, while participating in the
pilot program, be treated as a member of the Armed Forces on active
duty for a period of more than 30 days for purposes of the entitlement
of the member and the member's dependents to medical and dental care
under the provisions of chapter 55 of title 10, United States Code.
(j) Treatment of Period of Participation for Purposes of
Retirement and Related Purposes- Any period of participation of a
member in a pilot program under this section shall not count toward--
(1) eligibility for retirement or transfer to the Ready
Reserve under either chapter 571 or 1223 of title 10, United States
Code;
(2) computation of retired or retainer pay under chapter 71 or 1223 of title 10, United States Code; or
(3) computation of total years of commissioned service under section 14706 of title 10, United States Code.
(1) INTERIM REPORTS- Not later than June 1 of each of
2010 and 2012, each Secretary of a military department shall submit to
the congressional defense committees a report on the implementation and
current status of the pilot programs conducted by such Secretary under
this section.
(2) FINAL REPORT- Not later than March 1, 2015, the
Secretary of Defense shall submit to the congressional defense
committees a report on the pilot programs conducted under this section.
(3) ELEMENTS OF REPORT- Each interim report and the final report under this subsection shall include the following:
(A) A description of each pilot program conducted
under this section, including a description of the number of applicants
for such pilot program and the criteria used to select individuals for
participation in such pilot program.
(B) An assessment by the Secretary concerned of the pilot programs, including an evaluation of whether--
(i) the authorities of the pilot programs
provided an effective means to enhance the retention of members of the
Armed Forces possessing critical skills, talents, and leadership
abilities;
(ii) the career progression in the Armed Forces
of individuals who participate in the pilot program has been or will be
adversely affected; and
(iii) the usefulness of the pilot program in
responding to the personal and professional needs of individual members
of the Armed Forces.
(C) Such recommendations for legislative or
administrative action as the Secretary concerned considers appropriate
for the modification or continuation of the pilot programs.
(l) Duration of Program Authority- The authority to conduct
a pilot program authorized by this section shall commence on January 1,
2009 and expire on December 31, 2014. No member of the Armed Forces may
be in a period of inactivation from active duty under the pilot program
after December 31, 2014.
SEC. 586. PROHIBITION ON INTERFERENCE IN INDEPENDENT LEGAL
ADVICE BY THE LEGAL COUNSEL TO THE CHAIRMAN OF THE JOINT CHIEFS OF
STAFF.
Section 156(d) of title 10, United States Code, is amended--
(1) by inserting `(1)' before `The Legal Counsel'; and
(2) by adding at the end the following new paragraph:
`(2) No officer or employee of the Department of Defense
may interfere with the ability of the Legal Counsel to give independent
legal advice to the Chairman of the Joint Chiefs of Staff and to the
Joint Chiefs of Staff.'.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2009 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment- The adjustment to
become effective during the fiscal year 2009 required by section 1009
of title 37, United States Code, in the rates of monthly basic pay
authorized members of the uniformed services shall not be made.
(b) Increase in Basic Pay- Effective on January 1, 2009,
the rates of monthly basic pay for members of the uniformed services
are increased by 3.9 percent.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus- Section 308b(g) of
title 37, United States Code, is amended by striking `December 31,
2008' and inserting `December 31, 2009'.
(b) Selected Reserve Affiliation or Enlistment Bonus-
Section 308c(i) of such title is amended by striking `December 31,
2008' and inserting `December 31, 2009'.
(c) Special Pay for Enlisted Members Assigned to Certain
High Priority Units- Section 308d(c) of such title is amended by
striking `December 31, 2008' and inserting `December 31, 2009'.
(d) Ready Reserve Enlistment Bonus for Persons Without
Prior Service- Section 308g(f)(2) of such title is amended by striking
`December 31, 2008' and inserting `December 31, 2009'.
(e) Ready Reserve Enlistment and Reenlistment Bonus for
Persons With Prior Service- Section 308h(e) of such title is amended by
striking `December 31, 2008' and inserting `December 31, 2009'.
(f) Selected Reserve Enlistment Bonus for Persons With
Prior Service- Section 308i(f) of such title is amended by striking
`December 31, 2008' and inserting `December 31, 2009'.
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program- Section
2130a(a)(1) of title 10, United States Code, is amended by striking
`December 31, 2008' and inserting `December 31, 2009'.
(b) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve- Section 16302(d) of
such title is amended by striking `January 1, 2009' and inserting
`January 1, 2010'.
(c) Accession Bonus for Registered Nurses- Section
302d(a)(1) of title 37, United States Code, is amended by striking
`December 31, 2008' and inserting `December 31, 2009'.
(d) Incentive Special Pay for Nurse Anesthetists- Section
302e(a)(1) of such title is amended by striking `December 31, 2008' and
inserting `December 31, 2009'.
(e) Special Pay for Selected Reserve Health Professionals
in Critically Short Wartime Specialties- Section 302g(e) of such title
is amended by striking `December 31, 2008' and inserting `December 31,
2009'.
(f) Accession Bonus for Dental Officers- Section 302h(a)(1)
of such title is amended by striking `December 31, 2008' and inserting
`December 31, 2009'.
(g) Accession Bonus for Pharmacy Officers- Section 302j(a)
of such title is amended by striking `December 31, 2008' and inserting
`December 31, 2009'.
(h) Accession Bonus for Medical Officers in Critically
Short Wartime Specialties- Section 302k(f) of such title is amended by
striking `December 31, 2008' and inserting `December 31, 2009'.
(i) Accession Bonus for Dental Specialist Officers in
Critically Short Wartime Specialties- Section 302l(g) of such title is
amended by striking `December 31, 2008' and inserting `December 31,
2009'.
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service- Section 312(f) of title 37, United States
Code, is amended by striking `December 31, 2008' and inserting
`December 31, 2009'.
(b) Nuclear Career Accession Bonus- Section 312b(c) of such
title is amended by striking `December 31, 2008' and inserting
`December 31, 2009'.
(c) Nuclear Career Annual Incentive Bonus- Section 312c(d)
of such title is amended by striking `December 31, 2008' and inserting
`December 31, 2009'.
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus- Section 301b(a) of
title 37, United States Code, is amended by striking `December 31,
2008' and inserting `December 31, 2009'.
(b) Assignment Incentive Pay- Section 307a(g) of such title
is amended by striking `December 31, 2008' and inserting `December 31,
2009'.
(c) Reenlistment Bonus for Active Members- Section 308(g)
of such title is amended by striking `December 31, 2008' and inserting
`December 31, 2009'.
(d) Enlistment Bonus- Section 309(e) of such title is
amended by striking `December 31, 2008' and inserting `December 31,
2009'.
(e) Accession Bonus for New Officers in Critical Skills-
Section 324(g) of such title is amended by striking `December 31, 2008'
and inserting `December 31, 2009'.
(f) Incentive Bonus for Conversion to Military Occupational
Specialty To Ease Personnel Shortage- Section 326(g) of such title is
amended by striking `December 31, 2008' and inserting `December 31,
2009'.
(g) Accession Bonus for Officer Candidates- Section 330(f)
of such title is amended by striking `December 31, 2008' and inserting
`December 31, 2009'.
(h) Retention Bonus for Members With Critical Military
Skills or Assigned to High Priority Units- Section 355(i) of such
title, as redesignated by section 661(c) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181), is amended
by striking `December 31, 2008' and inserting `December 31, 2009'.
(i) Income Replacement for Reserve Members Experiencing
Extended and Frequent Mobilizations- Section 910(g) of such title is
amended by striking `December 31, 2008' and inserting `December 31,
2009'.
SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REFERRAL BONUSES.
(a) Health Professions Referral Bonus- Subsection (i) of
section 1030 of title 10, United States Code, as added by section
671(b) of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181), is amended by striking `December 31, 2008' and
inserting `December 31, 2009'.
(b) Army Referral Bonus- Subsection (h) of section 3252 of
title 10, United States Code, as added by section 671(a) of the
National Defense Authorization Act for Fiscal Year 2008, is amended by
striking `December 31, 2008' and inserting `December 31, 2009'.
SEC. 616. PERMANENT EXTENSION OF PROHIBITION ON CHARGES FOR
MEALS RECEIVED AT MILITARY TREATMENT FACILITIES BY MEMBERS RECEIVING
CONTINUOUS CARE.
Section 402(h) of title 37, United States Code, is amended--
(1) in paragraph (1), by striking `during any month covered by paragraph (3)'; and
(2) by striking paragraph (3).
SEC. 617. ACCESSION AND RETENTION BONUSES FOR THE RECRUITMENT AND RETENTION OF PSYCHOLOGISTS FOR THE ARMED FORCES.
(a) Multiyear Retention Bonus for Psychologists-
(1) IN GENERAL- Chapter 5 of title 37, United States
Code, is amended by inserting after section 301e the following new
section:
`Sec. 301f. Multiyear retention bonus: psychologists of the armed forces
`(a) Bonus Authorized- An officer described in subsection
(c) who executes a written agreement to remain on active duty for up to
four years after completion of any other active-duty service commitment
may, upon acceptance of the agreement by the Secretary concerned, be
paid a retention bonus as provided in this section.
`(b) Maximum Amount of Bonus- The amount of a retention
bonus under subsection (a) may not exceed $25,000 for each year of the
agreement of the officer concerned.
`(c) Eligible Officers- An officer described in this subsection is an officer of the armed forces who--
`(1) is a psychologist of the armed forces;
`(2) is in a pay grade below pay grade O-7;
`(3) has at least eight years of creditable service
(computed as described in section 302b(f) of this title) or has
completed any active-duty service commitment incurred for psychology
education and training;
`(4) has completed initial residency training (or will
complete such training before September 30 of the fiscal year in which
the officer enters into an agreement under subsection (a)); and
`(5) holds a valid State license to practice as a doctoral level psychologist.
`(d) Repayment- An officer who does not complete the period
of active duty specified in the agreement entered into under subsection
(a) shall be subject to the repayment provisions of section 303a(e) of
this title.'.
(2) CLERICAL AMENDMENT- The table of sections at the
beginning of chapter 5 of such title is amended by inserting after the
item relating to section 301e the following new item:
`301f. Multiyear retention bonus: psychologists of the armed forces.'.
(b) Accession Bonus for Psychologists-
(1) 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 psychologists
`(a) Accession Bonus Authorized- A person described in
subsection (b) who executes a written agreement described in subsection
(e) to accept a commission as an officer of the armed forces and remain
on active duty for a period of not less than four consecutive years
may, upon acceptance of the agreement by the Secretary concerned, be
paid an accession bonus in an amount determined by the Secretary
concerned.
`(b) Eligible Persons- A person described in this section is any person who--
`(1) is a graduate of an accredited school of psychology; and
`(2) holds a valid State license to practice as a doctoral level psychologist.
`(c) Maximum Amount of Bonus- The amount of an accession bonus under subsection (a) may not exceed $400,000.
`(d) Limitation on Eligibility- 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.
`(e) 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 such armed force as a psychologist.
`(f) Repayment- A person who, after signing an agreement
under subsection (a), is not commissioned as an officer of the armed
forces, does not become licensed as a psychologist, or does not
complete the period of active duty specified in the agreement shall be
subject to the repayment provisions of section 303a(e) of this title.
`(g) Termination of Authority- No agreement under this section may be entered into after December 31, 2009.'.
(2) CLERICAL AMENDMENT- The table of sections at the
beginning of chapter 5 of such title is amended by inserting after the
item relating to section 302l the following new item:
`302m. Special pay: accession bonus for psychologists.'.
(c) Effective Date- The amendments made by this section shall take effect on October 1, 2008.
SEC. 618. AUTHORITY FOR EXTENSION OF MAXIMUM LENGTH OF
SERVICE AGREEMENTS FOR SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS
EXTENDING PERIOD OF ACTIVE SERVICE.
Section 312(a)(3) of section 312 of title 37, United States
Code, is amended by striking `three, four, or five years' and inserting
`not less than three years'.
SEC. 619. INCENTIVE PAY FOR MEMBERS OF PRECOMMISSIONING PROGRAMS PURSUING FOREIGN LANGUAGE PROFICIENCY.
(a) Incentive Pay Authorized-
(1) IN GENERAL- Chapter 5 of title 37, United States
Code, is amended by inserting after section 316 the following new
section:
`Sec. 316a. Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiency
`(a) Incentive Pay- The Secretary of Defense may pay incentive pay under this section to an individual who--
`(1) is enrolled as a member of the Senior Reserve
Officers' Training Corps or the Marine Corps Platoon Leaders Class, as
determined in accordance with regulations prescribed by the Secretary
of Defense under subsection (e); and
`(2) participates in a language immersion program
approved for purposes of the Senior Reserve Officers' Training Corps,
or in study abroad, or is enrolled in an academic course that involves
instruction in a foreign language of strategic interest to the
Department of Defense as designated by the Secretary of Defense for
purposes of this section.
`(b) Period of Payment- Incentive pay is payable under this
section to an individual described in subsection (a) for the period of
the individual's participation in the language program or study
described in paragraph (2) of that subsection.
`(c) Amount- The amount of incentive pay payable to an individual under this section may not exceed $3,000 per year.
`(d) Repayment- An individual who is paid incentive pay
under this section but who does not satisfactorily complete
participation in the individual's language program or study as
described in subsection (a)(2), or who does not complete the
requirements of the Senior Reserve Officers' Training Corps or the
Marine Corps Platoon Leaders Class, as applicable, shall be subject to
the repayment provisions of section 303a(e) of this title.
`(e) Regulations- This section shall be administered under regulations prescribed by the Secretary of Defense.
`(f) Reports- Not later than January 1, 2010, and annually
thereafter through 2014, the Secretary of Defense shall submit to the
Director of the Office of Management and Budget, and to Congress, a
report on the payment of incentive pay under this section during the
preceding fiscal year. Each report shall include, for the fiscal year
covered by such report, the following:
`(1) The number of individuals paid incentive pay under
this section, the number of individuals commencing receipt of incentive
pay under this section, and the number of individuals ceasing receipt
of incentive pay under this section.
`(2) The amount of incentive pay paid to individuals under this section.
`(3) The aggregate amount recouped under section
303a(e) of this title in connection with receipt of incentive pay under
this section.
`(4) The languages for which incentive pay was paid
under this section, including the total amount paid for each such
language.
`(5) The effectiveness of incentive pay under this
section in assisting the Department of Defense in securing proficiency
in foreign languages of strategic interest to the Department of
Defense, including a description of how recipients of pay under this
section are assigned and utilized following completion of the program
of study.
`(g) Termination of Authority- No incentive pay may be paid under this section after December 31, 2013.'.
(2) CLERICAL AMENDMENT- The table of sections at the
beginning of chapter 5 of such title is amended by inserting after the
item relating to section 316 the following new item:
`316a. Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiency.'.
(b) Effective Date- The amendments made by this section shall take effect on October 1, 2008.
Subtitle C--Travel and Transportation Allowances
SEC. 631. SHIPMENT OF FAMILY PETS DURING EVACUATION OF PERSONNEL.
Section 406(b)(1) of title 37, United States Code, is amended by adding at the end the following new subparagraph:
`(H)(i) Except as provided in paragraph (2) and subject to
clause (iii), in connection with an evacuation from a permanent station
located in a foreign area, a member is entitled to transportation
(including shipment and payment of any quarantine costs) of not more
than two family household pets.
`(ii) A member entitled to transportation under clause (i)
may be paid reimbursement or, at the member's request, a monetary
allowance in accordance with the provisions of subparagraph (F) if the
member secures by commercial means shipment and any quarantining of the
pets otherwise subject to transportation under clause (i).
`(iii) The provision of transportation under clause (i) and
the payment of reimbursement under clause (ii) shall be subject to such
regulations as the Secretary of Defense shall prescribe with respect to
members of the armed forces for purposes of this subparagraph. Such
regulations may specify limitations on the types or size of pets for
which transportation may be so provided or reimbursement so paid.'.
SEC. 632. SPECIAL WEIGHT ALLOWANCE FOR TRANSPORTATION OF PROFESSIONAL BOOKS AND EQUIPMENT FOR SPOUSES.
(a) Special Weight Allowance- Section 406(b)(1)(D) of title 37, United States Code, is amended--
(1) by inserting `(i)' after `(D)';
(2) in the second sentence of clause (i), as so redesignated, by striking `this subparagraph' and inserting `this clause';
(3) by redesignating the last sentence as clause (iii)
and indenting the margin of such clause, as so designated, two ems from
the left margin; and
(4) by inserting after clause (i), as redesignated by paragraph (2), the following new clause:
`(ii) In addition to the weight allowance authorized for
such member with dependents under paragraph (C), the Secretary
concerned may authorize up to an additional 500 pounds in weight
allowance for shipment of professional books and equipment belonging to
the spouse of such member.'.
(b) Effective Date- The amendments made by subsection (a)
shall take effect on October 1, 2009, and shall apply with respect to
shipment provided on or after that date.
SEC. 633. TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS
OF THE RESERVE COMPONENTS OF THE ARMED FORCES ON LEAVE FOR SUSPENSION
OF TRAINING.
(a) Allowances Authorized-
(1) IN GENERAL- Chapter 7 of title 37, United States
Code, is amended by inserting after section 411j the following new
section:
`Sec. 411k. Travel and transportation allowances: travel
performed by certain members of the reserve components of the armed
forces in connection with leave for suspension of training
`(a) Allowance Authorized- The Secretary concerned may
reimburse or provide transportation to a member of a reserve component
of the armed forces on active duty for a period of more than 30 days
who is performing duty at a temporary duty station for travel between
the member's temporary duty station and the member's permanent duty
station in connection with authorized leave pursuant to a suspension of
training.
`(b) Minimum Distance Between Stations- A member may be
paid for or provided transportation under subsection (a) only as
follows:
`(1) In the case of a member who travels between a
temporary duty station and permanent duty station by air
transportation, if the distance between such stations is not less than
300 miles.
`(2) In the case of a member who travels between a
temporary duty station and permanent duty station by ground
transportation, if the distance between such stations is more than the
normal commuting distance from the permanent duty station (as
determined under the regulations prescribed under subsection (e)).
`(c) Minimum Period of Suspension of Training- A member may
be paid for or provided transportation under subsection (a) only in
connection with a suspension of training covered by that subsection
that is five days or more in duration.
`(d) Limitation on Reimbursement- The amount a member may
be paid under subsection (a) for travel may not exceed the amount that
would be paid by the government (as determined under the regulations
prescribed under subsection (e)) for the least expensive means of
travel between the duty stations concerned.
`(e) Regulations- The Secretary concerned shall prescribe
regulations to carry out this section. Regulations prescribed by the
Secretary of a military department shall be subject to the approval of
the Secretary of Defense.'.
(2) CLERICAL AMENDMENT- The table of sections at the
beginning of chapter 7 of such title is amended by inserting after the
item relating to section 411j the following new item:
`411k. Travel and transportation allowances: travel
performed by certain members of the reserve components of the armed
forces in connection with leave for suspension of training.'.
(b) Effective Date- The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act, and shall
apply with respect to travel that occurs on or after that date.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. PRESENTATION OF BURIAL FLAG TO THE SURVIVING SPOUSE AND CHILDREN OF MEMBERS OF THE ARMED FORCES WHO DIE IN SERVICE.
Section 1482(a) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
`(12) Presentation of a flag of equal size to the flag
presented under paragraph (10) to the surviving spouse (regardless of
whether the surviving spouse remarries after the decedent's death), if
the person to be presented the flag under paragraph (10) is other than
the surviving spouse.
`(13) Presentation of a flag of equal size to the flag
presented under paragraph (10) to each child, regardless of whether the
person to be presented a flag under paragraph (10) is a child of the
decedent. For purposes of this paragraph, the term `child' has the
meaning prescribed by section 1477(d) of this title'.
Subtitle E--Other Matters
SEC. 651. SEPARATION PAY, TRANSITIONAL HEALTH CARE, AND
TRANSITIONAL COMMISSARY AND EXCHANGE BENEFITS FOR MEMBERS OF THE ARMED
FORCES SEPARATED UNDER SURVIVING SON OR DAUGHTER POLICY.
(a) Availability of Separation Pay Otherwise Available for Involuntary Separation-
(1) IN GENERAL- A member of the Armed Forces who is
separated from the Armed Forces under the Surviving Son or Daughter
policy of the Department of Defense before the member completes twenty
years of service in the Armed Force shall be entitled to separation pay
payable under section 1174 of title 10, United States Code.
(2) NO MINIMUM SERVICE BEFORE SEPARATION- A member of
the Armed Forces described in paragraph (1) who is separated from the
Armed Forces as described in that paragraph is entitled to separation
pay under that paragraph without regard to section 1174(c) of title 10,
United States Code.
(3) INAPPLICABILITY OF REQUIREMENT FOR SERVICE IN READY
RESERVE- Section 1174(e) of title 10, United States Code, shall not
apply to a member of the Armed Forces described in paragraph (1) who is
separated from the Armed Forces as described in that paragraph.
(4) AMOUNT OF PAY- The amount of the separation pay to
be paid to a member pursuant to this subsection shall be based on the
years of active service actually completed by the member before the
member's separation from the Armed Forces as described in paragraph (1).
(b) Transitional Health Care-
(1) IN GENERAL- A member of the Armed Forces who is
separated from the Armed Forces under the Surviving Son or Daughter
policy of the Department of Defense is entitled to health care benefits
under section 1145 of title 10, United States Code, as if such member
were an individual described by subsection (a)(2) of such section.
(2) DEPENDENTS- The dependents of a member entitled to
health care benefits under paragraph (1) are entitled to health care
benefits in the same manner with respect to such member as dependents
of members of the Armed Forces are entitled to such benefits with
respect to such members under section 1145 of title 10, United States
Code.
(c) Transitional Commissary and Exchange Benefits- A member
of the Armed Forces who is separated from the Armed Forces under the
Surviving Son or Daughter policy of the Department of Defense is
entitled to continue to use commissary and exchange stores and morale,
welfare, and recreational facilities in the same manner as a member on
active duty in the Armed Forces during the two-year period beginning on
the later of the following dates:
(1) The date of the separation of the member.
(2) The date on which the member is first notified of the members entitlement to benefits under this subsection.
(d) Surviving Son or Daughter Policy of the Department of
Defense Defined- In this section, the term `Surviving Son or Daughter
policy of the Department of Defense' means the policy of the Department
of Defense for the separation from the Armed Forces of a member of the
Armed Forces who is a son or daughter in a family in which the father,
mother, or another son or daughter--
(1) has been killed in action or died while serving in the Armed Forces from a wound, accident, or disease;
(2) is a member of the Armed Forces in a captured or missing-in-action status; or
(3) has a service-connected disability rated 100
percent disabling (including a disability of 100 percent mental
disability), as determined by the Secretary of Veterans Affairs or the
Secretary of the military department concerned, and is not gainfully
employed because of such disability.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
SEC. 701. CALCULATION OF MONTHLY PREMIUMS FOR COVERAGE UNDER TRICARE RESERVE SELECT AFTER 2008.
(a) In General- Section 1076d(d)(3) of title 10, United States Code, is amended--
(1) by inserting `(A)' after `(3)';
(2) in subparagraph (A), as so designated, by striking the second sentence; and
(3) by adding at the end the following new subparagraph:
`(B) The appropriate actuarial basis for purposes of subparagraph (A) shall be determined as follows:
`(i) For calendar year 2009, by utilizing the reported
cost of providing benefits under this section to members and their
dependents during calendar years 2006 and 2007.
`(ii) For each calendar year after calendar year 2009,
by utilizing the actual cost of providing benefits under this section
to members and their dependents during the calendar years preceding
such calendar year.'.
(b) Effective Date- The amendments made by this section shall take effect on October 1, 2008.
Subtitle B--Other Health Care Authorities
SEC. 711. ENHANCEMENT OF MEDICAL AND DENTAL READINESS OF MEMBERS OF THE ARMED FORCES.
(a) Expansion of Availability of Medical and Dental Services for Reserves-
(1) EXPANSION OF AVAILABILITY FOR RESERVES ASSIGNED TO
UNITS SCHEDULED FOR DEPLOYMENT WITHIN 75 DAYS OF MOBILIZATION-
Subsection (d)(1) of section 1074a of title 10, United States Code, is
amended by striking `The Secretary of the Army shall provide to members
of the Selected Reserve of the Army' and inserting `The Secretary
concerned shall provide to members of the Selected Reserve'.
(2) AVAILABILITY FOR CERTAIN OTHER RESERVES- Such
section is further amended by adding at the end the following new
subsection:
`(g)(1) The Secretary concerned may provide to any member
of the Selected Reserve not described in subsection (d)(1) or (f), and
to any member of the Individual Ready Reserve with a specially
designated deployment responsibility, the medical and dental services
specified in subsection (d)(1) if the Secretary determines that the
receipt of such services by such member is necessary to ensure that the
member meets applicable standards of medical and dental readiness.
`(2) Services may not be provided to a member under this
subsection for a condition that is the result of the member's own
misconduct.
`(3) The services provided under this subsection shall be provided at no cost to the member.'.
(3) FUNDING- Such section is further amended by adding at the end the following new subsection:
`(h) Amounts available for operation and maintenance of a
reserve component of the armed forces may be available for purposes of
this section to ensure the medical and dental readiness of members of
such reserve component.'.
(b) Waiver of Certain Copayments for Dental Care for
Reserves for Readiness Purposes- Section 1076a(e) of such title is
amended--
(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;
(2) by striking `A member or dependent' and inserting
`(1) Except as provided pursuant to paragraph (2), a member or
dependent'; and
(3) by adding at the end the following new paragraph:
`(2) During a national emergency declared by the President
or Congress, the Secretary of Defense may waive, whether in whole or in
part, the charges otherwise payable by a member of the Selected Reserve
of the Ready Reserve or a member of the Individual Ready Reserve under
paragraph (1) for the coverage of the member alone under the dental
insurance plan established under subsection (a)(1) if the Secretary
determines that such waiver of the charges would facilitate or ensure
the readiness of a unit or individual for a scheduled deployment.'.
(c) Report on Policies and Procedures in Support of Medical and Dental Readiness-
(1) IN GENERAL- Not later than March 1, 2009, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the policies
and procedures of the Department of Defense to ensure the medical and
dental readiness of members of the Armed Forces.
(2) ELEMENTS- The report required by paragraph (1) shall include the following:
(A) A description of the current standards of each
military department with respect to the medical and dental readiness of
individual members of the Armed Forces (including members of the
regular components and members of the reserve components), and with
respect to the medical and dental readiness of units of the Armed
Forces (including units of the regular components and units of the
reserve components), under the jurisdiction of such military department.
(B) A description of the manner in which each
military department applies the standards described under subparagraph
(A) with respect to each of the following:
(i) Performance evaluation.
(iii) In the case of the members of the reserve components, eligibility to attend annual training.
(iv) Continued retention in service in the Armed Forces.
(v) Such other matters as the Secretary considers appropriate.
(C) A statement of the number of members of the
Armed Forces (including members of the regular components and members
of the reserve components) who were determined to be not ready for
deployment at any time during the period beginning on October 1, 2001,
and ending on September 30, 2008, due to failure to meet applicable
medical or dental standards, and an assessment of whether the
unreadiness of such members for deployment could reasonably have been
mitigated by actions of the members concerned to maintain individual
medical or dental readiness.
(D) A description of any actual or perceived
barriers to the achievement of full medical and dental readiness in the
Armed Forces (including among the regular components and the reserve
components), including, but not limited to, barriers associated with
the following:
(i) Quality or cost of, or access to, medical and dental care.
(ii) Availability of programs and incentives intended to prevent medical or dental problems.
(E) Such recommendations for legislative or
administrative action as the Secretary considers appropriate to ensure
the medical and dental readiness of individual members of the Armed
Forces and units of the Armed Forces, including, but not limited to,
recommendations regarding the following:
(i) The advisability of requiring that fitness reports of members of the Armed Forces include--
(I) a statement of whether or not a member meets medical and dental readiness standards for deployment; and
(II) in cases in which a member does not
meet such standard, a statement of actions being taken to ensure that
the member meets such standards and the anticipated schedule for
meeting such standards.
(ii) The advisability of establishing a
mandatory promotion standard relating to individual medical and dental
readiness and, in the case of a unit commander, unit medical and dental
readiness.
SEC. 712. ADDITIONAL AUTHORITY FOR STUDIES AND DEMONSTRATION PROJECTS RELATING TO DELIVERY OF HEALTH AND MEDICAL CARE.
Section 1092(a) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
`(3) The Secretary of Defense may include in the studies
and demonstration projects conducted under paragraph (1) studies and
demonstration projects to provide awards and incentives to members of
the armed forces and covered beneficiaries who obtain health promotion
and disease prevention health care services in accordance with terms
and schedules prescribed by the Secretary. Such awards and incentives
may include, but are not limited to, cash awards and, in the case of
members of the armed forces, personnel incentives.
`(4)(A) The Secretary of Defense may, in consultation with
the other administering Secretaries, include in the studies and
demonstration projects conducted under paragraph (1) studies and
demonstration projects to provide awards or incentives to individual
health care professionals under the authority of such Secretaries,
including members of the uniformed services, Federal civilian
employees, and contractor personnel, to encourage and reward effective
implementation of innovative health care programs designed to improve
quality, cost-effectiveness, health promotion, medical readiness, and
other priority objectives. Such awards and incentives may include, but
are not limited to, cash awards and, in the case of members of the
armed forces, personnel incentives.
`(B) Amounts available for the pay of members of the
uniformed services shall be available for awards and incentives under
this paragraph with respect to members of the uniformed services.
`(5) The Secretary of Defense may include in the studies
and demonstration projects conducted under paragraph (1) studies and
demonstration projects to improve the medical and dental readiness of
members of reserve components of the armed forces, including the
provision of health care services to such members for which they are
not otherwise entitled or eligible under this chapter.
`(6) The Secretary of Defense may include in the studies
and demonstration projects conducted under paragraph (1) studies and
demonstration projects to improve the continuity of health care
services for family members of mobilized members of the reserve
components of the armed forces who are eligible for such services under
this chapter, including payment of a stipend for continuation of
employer-provided health coverage during extended periods of active
duty.'.
SEC. 713. TRAVEL FOR ANESTHESIA SERVICES FOR CHILDBIRTH FOR
DEPENDENTS OF MEMBERS ASSIGNED TO VERY REMOTE LOCATIONS OUTSIDE THE
CONTINENTAL UNITED STATES.
Section 1040(a) of title 10, United States Code, is amended--
(1) by inserting `(1)' after `(a)'; and
(2) by adding at the end the following new paragraph:
`(2)(A) For purposes of paragraph (1), required medical
attention of a dependent shall include anesthesia services for
childbirth for the dependent equivalent to the anesthesia services for
childbirth that would be available to the dependent in military
treatment facilities located in the United States.
`(B) In the case of a dependent in a remote location
outside the continental United States who elects services authorized by
subparagraph (A), the transportation authorized in paragraph (1) may
consist of transportation to a military treatment facility providing
such services that is located in the continental United States nearest
to the closest port of entry into the continental United States from
such remote location.
`(C) The second through sixth sentences of paragraph (1)
shall apply to a dependent provided transportation under this paragraph.
`(D) Notwithstanding any other provision of this paragraph,
the total cost incurred by the United States for the provision of
transportation and expenses (including per diem) with respect to a
dependent under this paragraph may not exceed the cost the United
States would otherwise incur for the provision of transportation and
expenses with respect to the dependent under paragraph (1) if the
transportation and expenses were provided to the dependent under
paragraph (1) rather than this paragraph.'.
Subtitle C--Other Health Care Matters
SEC. 721. REPEAL OF PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND DENTAL POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSITIONS.
(a) Repeal- Subsection (a) of section 721 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 198; 10 U.S.C. 129c note) is repealed.
(b) Revival of Certification and Report Requirements on Conversion of Positions-
(1) IN GENERAL- The provisions of subsections (a) and
(b) of section 742 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2306), as in
effect on January 27, 2008 (the day before the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2008), are
hereby revived.
(2) APPLICABLE DEFINITIONS- In the discharge of
subsections (a) and (b) of section 742 of the John Warner National
Defense Authorization Act for Fiscal Year 2007, as revived by paragraph
(1), the following definitions shall apply:
(A) The definitions in paragraphs (1) through (4)
of section 742(f) of the John Warner National Defense Authorization Act
for Fiscal Year 2007, as in effect on January 27, 2008.
(B) The definition in section 721(d)(4) of the National Defense Authorization Act for Fiscal Year 2008.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
SEC. 801. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE ACQUISITION PROGRAMS UNDER ACQUISITION REPORTING REQUIREMENTS.
(a) Authority To Designate Major Subprograms as Subject to Acquisition Reporting Requirements-
(1) IN GENERAL- Chapter 144 of title 10, United States Code, is amended by inserting after section 2430 following new section:
`Sec. 2430a. Major subprograms
`(a) Authority To Designate Major Subprograms as Subject to
Acquisition Reporting Requirements- (1) If the Secretary of Defense
determines that a major defense acquisition program requires the
delivery of two or more categories of end items which differ
significantly from each other in form and function, the Secretary may
designate each such category of end items as a major subprogram for the
purposes of acquisition reporting under this chapter.
`(2) The Secretary shall notify the congressional defense
committees in writing of any proposed designation pursuant to paragraph
(1) not less than 30 days before the date such designation takes effect.
`(b) Reporting Requirements- If the Secretary designates a
major subprogram of a major defense acquisition program in accordance
with subsection (a), Selected Acquisition Reports, unit cost reports,
and program baselines under this chapter shall reflect cost, schedule,
and performance information--
`(1) for the major defense acquisition program as a whole; and
`(2) for each major subprogram of the major defense acquisition program so designated.
`(c) Unit Costs- Notwithstanding paragraphs (1) and (2) of
section 2432(a) of this title, in the case of a major defense
acquisition program for which the Secretary has designated one or more
major subprograms under this section for the purposes of this chapter--
`(1) the term `program acquisition unit cost' means the
total cost for the development and procurement of, and specific
military construction for, the major defense acquisition program that
is reasonably allocable to each such major subprogram, divided by the
relevant number of fully-configured end items to be produced under such
major subprogram; and
`(2) the term `procurement unit cost' means the total
of all funds programmed to be available for obligation for procurement
for each such major subprogram, divided by the number of
fully-configured end items to be procured under such major subprogram.'.
(2) CLERICAL AMENDMENT- The table of sections at the
beginning of chapter 144 of such title is amended by inserting after
the item relating to section 2430 the following new item:
`2430a. Major subprograms.'.
(b) Conforming Amendments- Chapter 144 of such title is further amended as follows:
(i) in paragraph (1)(B)--
(I) by inserting `or designated major subprogram' after `for each major defense acquisition program'; and
(II) by inserting `or subprogram' after `the program';
(ii) in paragraph (3)(A), by inserting `or
designated major subprogram' after `for each major defense acquisition
program'; and
(i) in paragraph (3), by inserting before the
period the following: `for the program (or for each designated major
subprogram under the program)'; and
(ii) in paragraph (5), by inserting before the
period the following: `(or for each designated major subprogram under
the program)'.
(i) by striking `The terms' and inserting `Except as provided in section 2430a(c) of this title, the terms';
(I) in subparagraphs (A) and (B), by
inserting `or designated major defense subprogram' after `major defense
acquisition program'; and
(II) by inserting `or subprogram' after `the program' each place it appears; and
(I) in subparagraphs (A) and (B), by
inserting `or designated major defense subprogram' after `major defense
acquisition program'; and
(II) by inserting `or subprogram' after `the program' each place it appears;
(i) in the matter preceding paragraph (1), by
inserting `(and for each designated major subprogram under the program'
after `unit costs of the program';
(ii) in paragraph (1), by inserting before the
period the following: `for the program (or for each designated major
subprogram under the program)';
(iii) in paragraph (2), by inserting before the
period the following: `for the program (or for each designated major
subprogram under the program)'; and
(iv) in paragraph (5), by inserting `or
subprogram' after `the program' each place it appears (other than the
last place it appears);
(i) by striking `the program acquisition unit
cost for the program or the procurement unit cost for the program' and
inserting `the program acquisition unit cost for the program (or for a
designated major subprogram under the program) or the procurement unit
cost for the program (or for such a subprogram)'; and
(ii) by striking `for the program' after `significant cost growth threshold';
(I) by inserting `or any designated major
subprogram under the program' after `for the program' the first place
it appears; and
(II) by inserting `or subprogram' after `the program' the second place it appears;
(I) by inserting `or any designated major subprogram under the program' after `the program' the first place it appears; and
(II) by inserting `or subprogram' after `the program' the second place it appears; and
(iii) in paragraph (3), by striking `such program' and inserting `the program or subprogram concerned';
(I) in subparagraph (A)--
(aa) by inserting `or designated major subprogram' after `major defense acquisition program'; and
(bb) by inserting `or subprogram' after `the program'; and
(II) in subparagraph (B)--
(aa) by inserting `or designated major subprogram' after `major defense acquisition program'; and
(bb) by inserting `or subprogram' after `that program';
(I) in the matter preceding subparagraph (A)--
(aa) by inserting `or designated major subprogram' after `major defense acquisition program'; and
(bb) by inserting `or subprogram' after `the program';
(II) in subparagraph (A), by inserting `or subprogram' after `program' each place it appears;
(III) in subparagraph (B), by inserting `or subprogram' after `such acquisition program' each place it appears; and
(IV) in subparagraph (C), by inserting `or subprogram' after `such program'; and
(I) in the matter preceding subparagraph (A)--
(aa) by inserting `or subprogram concerned' after `the program'; and
(bb) by inserting `or designated major subprogram' after `major defense acquisition program'; and
(II) in subparagraphs (A) and (B), by inserting `or subprogram' after `that program' each place it appears; and
(I) in subparagraph (D), by inserting `(and for each designated major subprogram under the program)' after `the program';
(II) in subparagraph (E), by inserting `for
the program (and for each designated major subprogram under the
program)' after `program acquisition cost';
(III) in subparagraph (F), by inserting
before the period the following: `for the program (or for any
designated major subprogram under the program)';
(IV) in subparagraph (J), by inserting `for
the program (or for each designated major subprogram under the
program)' after `program acquisition unit cost';
(V) in subparagraph (K), by inserting `for
the program (or for each designated major subprogram under the
program)' after `procurement unit cost'; and
(VI) in subparagraph (O), by inserting
before the period the following: `for the program (or for any
designated major subprogram under the program)'; and
(I) by inserting `or designated major subprogram' after `major defense acquisition program';
(II) by inserting `or subprogram' after `the entire program'; and
(III) by inserting `or subprogram' after `a program'.
SEC. 802. INCLUSION OF CERTAIN MAJOR INFORMATION TECHNOLOGY
INVESTMENTS IN ACQUISITION OVERSIGHT AUTHORITIES FOR MAJOR AUTOMATED
INFORMATION SYSTEM PROGRAMS.
(1) IN GENERAL- Section 2445a of title 10, United States Code, is amended--
(A) in subsection (a), by striking `In General' and inserting `Major Automated Information System Program'; and
(B) by adding at the end the following new subsection:
`(d) Other Major Information Technology Investment Program-
In this chapter, the term `other major information technology
investment program' means the following:
`(1) An investment that is designated by the Secretary
of Defense, or a designee of the Secretary, as a `pre-Major Automated
Information System' or `pre-MAIS' program.
`(2) Any other investment in automated information
system products or services that is expected to exceed the thresholds
established in subsection (a), as adjusted under subsection (b), but is
not considered to be a major automated information system program
because a formal acquisition decision has not yet been made with
respect to such investment.'.
(2) HEADING AMENDMENT- The heading of such section is amended to read as follows:
`Sec. 2445a. Definitions'.
(3) CLERICAL AMENDMENT- The table of sections at the
beginning of chapter 144A of such title is amended by striking the item
relating to section 2445a and inserting the following new item:
(b) Cost, Schedule, and Performance Information- Section 2445b of such title is amended--
(1) in subsection (a), by inserting `and each other
major information technology investment program' after `each major
automated information system program';
(2) in subsection (b), by inserting `Regarding Major Automated Information System Programs' after `Elements'; and
(3) by adding at the end the following new subsection:
`(d) Elements Regarding Other Major Information Technology
Investment Programs- With respect to each other major information
technology investment program, the information required by subsection
(a) may be provided in the format that is most appropriate to the
current status of the program.'.
(c) Quarterly Reports- Section 2445c of such title is amended--
(A) by inserting `or other major information
technology investment' after `major automated information system' the
first place it appears; and
(B) by inserting `or major information technology' after `major automated information system' the second place it appears;
(A) by inserting `or other major information
technology investment' after `major automated information system' in
the matter preceding paragraph (1); and
(B) by inserting `or information technology' after
`automated information system' each place it appears in paragraphs (1)
and (2);
(A) in paragraph (1), by inserting `or other major
information technology investment' after `major automated information
system'; and
(i) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and
(ii) by striking subparagraph (A) and inserting the following new subparagraphs:
`(A) no Milestone B decision has been made after more than two years of investment in the program;
`(B) the system failed to achieve initial operational capability within three years after milestone B approval;';
(iii) in subparagraph (C), as redesignated by
clause (i) of this subparagraph, by inserting before the semicolon the
following: `or section 2445b(d) of this title, as applicable';
(iv) in subparagraph (D), as so redesignated,
by inserting before the semicolon the following: `or section 2445b(d)
of this title, as applicable'; and
(v) in subparagraph (E), as so redesignated--
(I) by inserting `or major information technology' after `major automated information system'; and
(II) by inserting before the period the following: `or section 2445b(d) of this title, as applicable';
(4) in subsection (e), by inserting `or other major
information technology investment' after `major automated information
system'; and
(A) by inserting `or other major information
technology investment' after `major automated information system' in
the matter preceding paragraph (1);
(B) in paragraph (1), by inserting `or information technology' after `automated information system';
(C) in paragraph (2), by inserting `or technology' after `the system'; and
(D) in paragraph (3), by inserting `or technology, as applicable,' after `the program and system'.
SEC. 803. CONFIGURATION STEERING BOARDS FOR COST CONTROL UNDER MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Configuration Steering Boards- Each Secretary of a
military department shall establish one or more boards (to be known as
a `Configuration Steering Board') for the major defense acquisition
programs of such department.
(1) CHAIR- Each Configuration Steering Board under this
section shall be chaired by the service acquisition executive of the
military department concerned.
(2) PARTICULAR MEMBERS- Each Configuration Steering Board under this section shall include a representative of the following:
(A) The Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics.
(B) The Chief of Staff of the Armed Force concerned.
(D) The Comptroller of the military department concerned.
(E) The military deputy to the service acquisition executive concerned.
(F) The program executive officer for the major defense acquisition program concerned.
(1) IN GENERAL- The Configuration Steering Board for a
major defense acquisition program under this section shall be
responsible for the following:
(A) Preventing unnecessary changes to program
requirements and system configuration that could have an adverse impact
on program cost or schedule.
(B) Mitigating the adverse cost and schedule impact of any changes to program requirements that may be required.
(C) Ensuring that the program delivers as much planned capability as possible, consistent with the program baseline.
(2) DISCHARGE OF RESPONSIBILITIES- In discharging its
responsibilities under this section with respect to a major defense
acquisition program, a Configuration Steering Board shall--
(A) review and approve or disapprove any proposed
changes to program requirements or system configuration that have the
potential to adversely impact program cost or schedule; and
(B) review and recommend proposals to reduce
program requirements that have the potential to improve program cost or
schedule in a manner consistent with program objectives.
(3) PRESENTATION RECOMMENDATIONS ON REDUCTION IN
REQUIREMENTS- Any recommendation for a proposed reduction in
requirements that is made by a Configuration Steering Board under
paragraph (2)(B) shall be presented to appropriate organizations of the
Joint Staff and the military departments responsible for such
requirements for review and approval in accordance with applicable
procedures.
(4) ANNUAL CONSIDERATION OF EACH MAJOR DEFENSE
ACQUISITION PROGRAM- The Secretary of the military department concerned
shall ensure that a Configuration Steering Board under this section
meets to consider each major defense acquisition program of such
military department at least once each year.
(1) IN GENERAL- The requirements of this section shall
apply with respect to any major defense acquisition program that is
commenced before, on, or after the date of the enactment of this Act.
(2) CURRENT PROGRAMS- In the case of any major defense
acquisition program that is ongoing as of the date of the enactment of
this Act, a Configuration Steering Board under this section shall be
established for such program not later than 60 days after the date of
the enactment of this Act.
(e) Guidance on Authorities of Program Managers After Milestone B-
(1) MODIFICATION OF GUIDANCE ON AUTHORITIES- Paragraph
(2) of section 853(d) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2343) is
amended to read as follows:
`(2) authorities available to the program manager, including--
`(A) the authority to object to the addition of new
program requirements that would be inconsistent with the parameters
established at Milestone B (or Key Decision Point B in the case of a
space program) and reflected in the performance agreement, unless such
requirements are approved by the appropriate Configuration Steering
Board; and
`(B) the authority to recommend to the appropriate
Configuration Steering Board reduced program requirements that have the
potential to improve program cost or schedule in a manner consistent
with program objectives; and'.
(2) APPLICABILITY- The Secretary of Defense shall
modify the guidance described in section 853(d) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 in order to
take into account the amendment made by paragraph (1) not later than 60
days after the date of the enactment of this Act.
(f) Major Defense Acquisition Program Defined- In this
section, the term `major defense acquisition program' has the meaning
given that term in section 2430(a) of title 10, United States Code.
Subtitle B--Acquisition Policy and Management
SEC. 811. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE AGENCIES.
(a) Inspector General Reviews and Determinations-
(1) IN GENERAL- For each covered non-defense agency,
the Inspector General of the Department of Defense and the Inspector
General of such non-defense agency shall, not later than March 15,
2009, jointly--
(i) the procurement policies, procedures, and
internal controls of such non-defense agency that are applicable to the
procurement of property and services on behalf of the Department by
such non-defense agency; and
(ii) the administration of those policies, procedures, and internal controls; and
(B) determine in writing whether--
(i) such non-defense agency is compliant with defense procurement requirements;
(ii) such non-defense agency is not compliant
with defense procurement requirements, but has a program or initiative
to significantly improve compliance with defense procurement
requirements;
(iii) neither of the conclusions stated in clauses (i) and (ii) is correct in the case of such non-defense agency; or
(iv) such non-defense agency is not compliant
with defense procurement requirements to such an extent that the
interests of the Department of Defense are at risk in procurements
conducted by such non-defense agency.
(2) ACTIONS FOLLOWING CERTAIN DETERMINATIONS- If the
Inspectors General determine under paragraph (1) that the conclusion
stated in clause (ii), (iii), or (iv) of subparagraph (B) of that
paragraph is correct in the case of a covered non-defense agency, such
Inspectors General shall, not later than June 15, 2010, jointly--
(A) conduct a second review, as described in
subparagraph (A) of that paragraph, regarding such non-defense agency's
procurement of property or services on behalf of the Department of
Defense in fiscal year 2009; and
(B) determine in writing whether such non-defense agency is or is not compliant with defense procurement requirements.
(b) Compliance With Defense Procurement Requirements- For
the purposes of this section, a covered non-defense agency is compliant
with defense procurement requirements if such non-defense agency's
procurement policies, procedures, and internal controls applicable to
the procurement of products and services on behalf of the Department of
Defense, and the manner in which they are administered, are adequate to
ensure such non-defense agency's compliance with the requirements of
laws and regulations that apply to procurements of property and
services made directly by the Department of Defense.
(c) Memoranda of Understanding Between Inspectors General-
(1) IN GENERAL- Not later than 60 days after the date
of the enactment of this Act, the Inspector General of the Department
of Defense and the Inspector General of each covered non-defense agency
shall enter into a memorandum of understanding with each other to carry
out the reviews and make the determinations required by this section.
(2) SCOPE OF MEMORANDA- The Inspector General of the
Department of Defense and the Inspector General of a covered
non-defense agency may by mutual agreement conduct separate reviews of
the procurement of property and services on behalf of the Department of
Defense that are conducted by separate business units, or under
separate governmentwide acquisition contracts, of such non-defense
agency. In any case where such separate reviews are conducted, the
Inspectors General shall make separate determinations under paragraph
(1) or (2) of subsection (a), as applicable, with respect to each such
separate review.
(d) Limitations on Procurements on Behalf of Department of Defense-
(1) LIMITATION DURING REVIEW PERIOD- After March 15,
2009, and before June 16, 2010, no official of the Department of
Defense may, except as provided in subsection (e) or (f), order,
purchase, or otherwise procure property or services in an amount in
excess of $100,000 through a covered non-defense agency for which a
determination described in clause (iii) or (iv) of paragraph (1)(B) of
subsection (a) has been made under subsection (a).
(2) LIMITATION AFTER REVIEW PERIOD- After June 15,
2010, no official of the Department of Defense may, except as provided
in subsection (e) or (f), order, purchase, or otherwise procure
property or services in an amount in excess of $100,000 through a
covered non-defense agency that, having been subject to review under
this section, has not been determined under this section as being
compliant with defense procurement requirements.
(3) LIMITATION FOLLOWING FAILURE TO REACH MOU-
Commencing on the date that is 60 days after the date of the enactment
of this Act, if a memorandum of understanding between the Inspector
General of the Department of Defense and the Inspector General of a
covered non-defense agency cannot be attained causing the review
required by this section to not be performed, no official of the
Department of Defense, except as provided in subsection (e) or (f), may
order, purchase or otherwise procure property or services in an amount
in excess of $100,000 through such non-defense agency.
(e) Exception From Applicability of Limitations-
(1) EXCEPTION- No limitation applies under subsection
(d) with respect to the procurement of property and services on behalf
of the Department of Defense by a covered non-defense agency during any
period that there is in effect a determination of the Under Secretary
of Defense for Acquisition, Technology, and Logistics, made in writing,
that it is necessary in the interest of the Department of Defense to
continue to procure property and services through such non-defense
agency.
(2) APPLICABILITY OF DETERMINATION- A written
determination with respect to a covered non-defense agency under
paragraph (1) is in effect for the period, not in excess of one year,
that the Under Secretary shall specify in the written determination.
The Under Secretary may extend from time to time, for up to one year at
a time, the period for which the written determination remains in
effect.
(f) Termination of Applicability of Limitations- Subsection
(d) shall cease to apply to a covered non-defense agency on the date on
which the Inspector General of the Department of Defense and the
Inspector General of such non-defense agency jointly--
(1) determine that such non-defense agency is compliant with defense procurement requirements; and
(2) notify the Secretary of Defense of that determination.
(g) Identification of Procurements Made During a Particular
Fiscal Year- For the purposes of subsection (a), a procurement shall be
treated as being made during a particular fiscal year to the extent
that funds are obligated by the Department of Defense for that
procurement in that fiscal year.
(h) Resolution of Disagreements- If the Inspector General
of the Department of Defense and the Inspector General of a covered
non-defense agency are unable to agree on a joint determination under
subsection (a) or (f), a determination by the Inspector General of the
Department of Defense under such subsection shall be conclusive for the
purposes of this section.
(i) Definitions- In this section:
(1) The term `covered non-defense agency' means each of the following:
(A) The Department of Commerce.
(B) The Department of Energy.
(2) The term `governmentwide acquisition contract',
with respect to a covered non-defense agency, means a task or delivery
order contract that--
(A) is entered into by the non-defense agency; and
(B) may be used as the contract under which
property or services are procured for one or more other departments or
agencies of the Federal Government.
(j) Modification of Certain Additional Authorities on
Internal Controls for Procurements on Behalf of DoD- Section 801 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 202; 10 U.S.C. 2304 note) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by striking `each of the
Department of the Treasury, the Department of the Interior, and the
National Aeronautics and Space Administration' and inserting `the
Department of the Interior'; and
(B) by adding at the end the following new subparagraph:
`(D) In the case of each of the Department of Commerce and the Department of Energy, by not later than March 15, 2015.'; and
(2) in subsection (f)(2)--
(A) by striking subparagraphs (B) and (D);
(B) by redesignating subparagraphs (C), (E), and (F) as subparagraphs (B), (C), and (D), respectively; and
(C) by adding at the end the following new subparagraphs:
`(E) The Department of Commerce.
`(F) The Department of Energy.'.
SEC. 812. CONTINGENCY CONTRACTING CORPS.
(a) In General- Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 2334. Contingency Contracting Corps
`(a) Establishment- The Secretary of Defense shall
establish within the Department of Defense a Contingency Contracting
Corps (in this section, referred to as the `Corps') to ensure the
Department has the capability, when needed, to support contingency
contracting actions in a deployed environment. The members of the Corps
shall be available for deployment in connection with contingency
operations both within and outside the continental United States,
including reconstruction efforts relating thereto.
`(b) Membership- Membership in the Corps shall be voluntary
and open to all employees of the Department of Defense, including
uniformed members of the Armed Forces, who are members of the defense
acquisition workforce, as designated under section 1721 of this title.
`(c) Education and Training- The Secretary of Defense may
establish additional educational and training requirements for members
of the Corps.
`(d) Clothing and Equipment- The Secretary of Defense may
identify any necessary clothing and equipment requirements for members
of the Corps.
`(e) Salary- The salaries for members of the Corps shall be paid by the Department of Defense out of existing appropriations.
`(f) Authority To Deploy the Corps- The Secretary of
Defense, or the Secretary's designee, shall have the authority to
determine when members of the Corps shall be deployed.
`(g) Annual Report- (1) The Secretary of Defense shall
provide to the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Armed Services and the Committee on Oversight and
Government Reform of the House of Representatives an annual report on
the status of the Contingency Contracting Corps.
`(2) At a minimum, each report under paragraph (1) shall
include the number of members of the Contingency Contracting Corps, the
fully burdened cost of operating the program, the number of deployments
of members of the program, and the performance of members of the
program in deployment.'.
(b) Clerical Amendment- The table of sections at the
beginning of chapter 137 of such title is amended by adding at the end
the following new item:
`2334. Contingency Contracting Corps.'.
SEC. 813. EXPEDITED REVIEW AND VALIDATION OF URGENT REQUIREMENTS DOCUMENTS.
(a) Guidance for Expedited Presentation to Appropriate
Authorities for Review and Validation- Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense shall
issue guidance to the Secretaries of the military departments and the
Chiefs of Staff of the Armed Forces to ensure that each urgent
requirements document submitted by an operational field commander is
presented to the appropriate authority for review and validation not
later than 60 days after date on which such document is so submitted.
(b) Definitions- In this section:
(1) The term `urgent requirements document' means the following:
(A) A Joint Urgent Operational Needs (JUON) document.
(B) An Army operational need statement (ONS).
(C) A Navy rapid deployment capability (RDC) document or Navy urgent operational need (UON) statement.
(D) An Air Force combat capability document (CCD).
(E) A Marine Corps urgent universal need statement (UUNS).
(F) A combat-mission need statement (CMNS) of the United States Special Operations Command.
(2) The term `appropriate authority' means the following:
(A) In the case of a Joint Urgent Operational Needs document, a Functional Capabilities Board or Joint Capabilities Board.
(B) In the case of an Army operational need statement, the Deputy Chief of Staff of the Army for Operations and Plans.
(C) In the case of a Navy rapid deployment
capability document or Navy urgent operational need statement, the
Assistant Secretary of the Navy for Research, Development, and
Acquisition.
(D) In the case of an Air Force combat capability document, the commander of the lead major command of the Air Force.
(E) In the case of a Marine Corps urgent universal need statement, the Marine Requirements Oversight Council.
(F) In the case of a combat-mission need statement
of the United States Special Operations Command, the Requirements
Directorate of the United States Special Operations Command.
SEC. 814. INCORPORATION OF ENERGY EFFICIENCY REQUIREMENTS INTO KEY PERFORMANCE PARAMETERS FOR FUEL CONSUMING SYSTEMS.
(a) Implementation Plan- Not later than one year after the
date of the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall develop an implementation
plan for the incorporation of energy efficiency requirements into key
performance parameters for the modification of existing fuel consuming
systems of the Department of Defense and the development of new fuel
consuming systems. The implementation plan shall include--
(1) policies, regulations, and directives to ensure
that appropriate officials incorporate such energy efficiency
requirements into such performance parameters; and
(2) a plan for implementing such requirements.
(b) Report- The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit a report on the plan required
under subsection (a), including an assessment of progress made in
implementing requirements to incorporate energy efficiency requirements
into key performance parameters for fuel consuming systems of the
Department of Defense, as part of the budget justification materials
submitted to Congress in support of the Department of Defense budget
for fiscal year 2010 and each fiscal year thereafter for five years (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code).
Subtitle C--Amendments Relating to General Contracting Authorities, Procedures, and Limitations
SEC. 821. MULTIYEAR PROCUREMENT AUTHORITY FOR THE DEPARTMENT OF DEFENSE FOR THE PURCHASE OF ALTERNATIVE AND SYNTHETIC FUELS.
(a) Multiyear Procurement Authorized-
(1) IN GENERAL- Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 2410r. Multiyear procurement authority: purchase of alternative and synthetic fuels
`(a) Multiyear Contracts Authorized- Subject to subsections
(b) and (c), the head of an agency may enter into contracts for a
period not to exceed 10 years for the purchase of alternative fuels or
synthetic fuels.
`(b) Limitations on Contracts for Periods in Excess of Five
Years- The head of an agency may exercise the authority in subsection
(a) to enter a contract for a period in excess of five years only if
the head of the agency determines in writing, on the basis of a
business case analysis prepared by the agency, that--
`(1) the proposed purchase of fuels under such contract is cost effective for the agency;
`(2) it would not be possible to purchase fuels from
the source in an economical manner without the use of a contract for a
period in excess of five years; and
`(3) the contract will comply with the requirements of
subsection (c) and section 526 of the Energy Independence and Security
Act of 2007 (Public Law 110-140; 42 U.S.C. 17142).
`(c) Limitation on Lifecycle Greenhouse Gas Emissions- The
head of an agency may not purchase alternative fuels or synthetic fuels
under the authority in subsection (a) unless the contract specifies
that lifecycle greenhouse gas emissions associated with the production
and combustion of the fuels to be provided under the contract are not
greater than such emissions from conventional petroleum-based fuels
that are used in the same application.
`(d) Definitions- In this section:
`(1) The term `head of an agency' has the meaning given that term in section 2302(1) of this title.
`(2) The term `alternative fuel' has the meaning given
that term in section 301(2) of the Energy Policy Act of 1992 (42 U.S.C.
13211(2)).
`(3) The term `synthetic fuel' means any liquid, gas, or combination thereof that--
`(A) can be used as a substitute for petroleum or natural gas (or any derivative thereof, including chemical feedstocks); and
`(B) is produced by chemical or physical transformation of domestic sources of energy.'.
(2) CLERICAL AMENDMENT- The table of sections at the
beginning of chapter 141 of such title is amended by adding at the end
the following new item:
`2410r. Multiyear procurement authority: purchase of alternative and synthetic fuels.'.
(1) IN GENERAL- Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall prescribe
regulations providing that the head of an agency may initiate a
multiyear contract as authorized by section 2410r of title 10, United
States Code (as added by subsection (a)), only if the head of the
agency has determined in writing that--
(A) there is a reasonable expectation that
throughout the contemplated contract period the head of the agency will
request funding for the contract at the level required to avoid
contract cancellation;
(B) there is a stable design for all related technologies to the purchase of alternative and synthetic fuels as so authorized;
(C) the technical risks associated with such technologies are not excessive;
(D) the multiyear contract will contain appropriate
pricing mechanisms to minimize risk to the government from significant
changes in market prices for energy;
(E) there is in place a regulatory regime adequate
to ensure compliance with the requirements of section 526 of the Energy
Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
1663; 42 U.S.C. 17142) and other applicable environmental laws; and
(F) the contractor has received all regulatory
approvals necessary for the production of the alternative and synthetic
fuels to be supplied under the contract.
(2) MINIMUM ANTICIPATED SAVINGS- The regulations
required by paragraph (1) shall provide that, in any case in which the
estimated total expenditure under a multiyear contract (or several
multiyear contracts with the same prime contractor) under section 2410r
of title 10, United States Code (as so added), are anticipated to be
more than (or, in the case of several contracts, the aggregate of which
is anticipated to be more than) $540,000,000 (in fiscal year 1990
constant dollars), the head of an agency may initiate such contract
under such section only upon a finding that use of such contract will
result in savings exceeding 10 percent of the total anticipated costs
of procuring an equivalent amount of fuel for the same application
through other means. If such estimated savings will exceed 5 percent of
the total anticipated costs of procuring an equivalent amount of fuel
for the same application through other means, but not exceed 10 percent
of such costs, the head of the agency may initiate such contract under
such section only upon a finding in writing that an exceptionally
strong case has been made with regard to findings required in paragraph
(1).
(3) LIMITATION ON USE OF AUTHORITY- No contract may be
entered into under the authority in section 2410r of title 10, United
States Code (as so added), until the regulations required by paragraph
(1) are prescribed.
(c) Relationship to Other Multiyear Contracting Authority-
Nothing in this section or the amendments made by this section shall be
construed to preclude the Department of Defense from using other
applicable multiyear contracting authority of the Department of Defense
to purchase energy, including renewable energy.
SEC. 822. MODIFICATION AND EXTENSION OF PILOT PROGRAM FOR
TRANSITION TO FOLLOW-ON CONTRACTS UNDER AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
(a) Expansion of Scope of Pilot Program- Paragraph (1) of
section 845(e) of the National Defense Authorization Act for Fiscal
Year 1994 (10 U.S.C. 2371 note) is amended by striking `under prototype
projects carried out under this section' and inserting `developed under
prototype projects carried out under this section or research projects
carried out pursuant to section 2371 of title 10, United States Code'.
(b) Four-Year Extension of Authority- Paragraph (4) of such
section is amended by striking `September 30, 2008' and inserting
`September 30, 2012'.
SEC. 823. EXCLUSION OF CERTAIN FACTORS IN CONSIDERATION OF
COST ADVANTAGES OF OFFERS FOR CERTAIN DEPARTMENT OF DEFENSE CONTRACTS.
Not later than 90 days after the date of the enactment of
this Act, the Department of Defense Supplement to the Federal
Acquisition Regulation shall be revised to ensure that, in any
competition for a contract with a value in excess of $10,000,000, an
offeror does not receive an advantage for a proposal that would reduce
costs for the Department of Defense as a consequence of any corporate
structure a principal purpose of which is to enable the offeror to
avoid the payment of taxes to the Federal Government or any State
government, including taxes imposed under subtitle C of the Internal
Revenue Code of 1986 and any similar taxes imposed by a State
government, for or on behalf of employees of the offeror or any
subsidiary or affiliate of the offeror.
Subtitle D--Department of Defense Contractor Matters
SEC. 831. DATABASE FOR DEPARTMENT OF DEFENSE CONTRACTING OFFICERS AND SUSPENSION AND DEBARMENT OFFICIALS.
(a) In General- Subject to the authority, direction, and
control of the Secretary of Defense, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall establish and maintain a
database of information regarding integrity and performance of certain
persons awarded Department of Defense contracts for use by Department
of Defense officials having authority over contracts.
(b) Persons Covered- The database shall cover any person
awarded a Department of Defense contract in excess of $500,000 if any
information described in subsection (c) exists with respect to such
person.
(c) Information Included- With respect to a person awarded
a Department of Defense contract, the database shall include
information (in the form of a brief description) for at least the most
recent 5-year period regarding the following:
(1) Each civil or criminal proceeding, or any
administrative proceeding, in connection with the award or performance
of a contract with the Federal Government or, to the maximum extent
practicable, a State government with respect to the person during the
period to the extent that such proceeding results in the following
dispositions:
(A) In a criminal proceeding, a conviction.
(B) In a civil proceeding, a finding of liability
that results in the payment of a monetary fine, penalty, reimbursement,
restitution, or damages of $5,000 or more.
(C) In an administrative proceeding, a finding of liability that results in--
(i) the payment of a monetary fine or penalty of $5,000 or more; or
(ii) the payment of a reimbursement, restitution, or damages in excess of $100,000.
(D) In a civil or administrative proceeding, a
disposition of the matter by consent or compromise if the proceeding
could have led to any of the outcomes specified in subparagraph (A),
(B), or (C).
(2) Each Federal contract and grant awarded to the person that was terminated in such period due to default.
(3) Each Federal suspension and debarment of the person in that period.
(4) Each Federal administrative agreement entered into
by the person and the Federal Government in that period to resolve a
suspension or debarment proceeding and, to the maximum extent
practicable, each agreement involving a suspension or debarment
proceeding entered into by the person and a State government in that
period.
(5) Each final finding by a Federal official in that
period that the person has been determined not to be a responsible
source under either subparagraph (C) or (D) of section 4(7) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(7)).
(d) Requirements Relating to Information in Database-
(1) DIRECT INPUT AND UPDATE- The Under Secretary shall
design and maintain the database in a manner that allows the
appropriate officials of the Department of Defense to directly input
and update in the information in the database relating to actions such
officials have taken with regard to contractors.
(2) TIMELINESS AND ACCURACY- The Under Secretary shall develop policies to require--
(A) the timely and accurate input of information into the database;
(B) notification of any covered person when information relevant to the person is entered into the database; and
(C) an opportunity for any covered person to submit comments pertaining to information about such person in the database.
(1) AVAILABILITY TO GOVERNMENT OFFICIALS- The Under
Secretary shall ensure that the database is available to all
acquisition professionals of the Department of Defense and to Congress.
This subsection does not limit the availability of the database to
other Department of Defense officials or to government officials
outside the Department of Defense that the Under Secretary determines
warrant access.
(2) REVIEW AND ASSESSMENT OF DATA-
(A) IN GENERAL- Before awarding a contract in
excess of $500,000, the Department of Defense official responsible for
awarding the contract shall review the database and shall consider
information in the database with regard to any offer, along with other
past performance information available with respect to that offeror, in
making any responsibility determination or past performance evaluation
for such offeror.
(B) DOCUMENTATION IN CONTRACT FILE- The contract
file for each contract of the Department of Defense in excess of
$500,000 shall document the manner in which the material in the
database was considered in any responsibility determination or past
performance evaluation.
(f) Disclosure in Applications- Not later than 180 days
after the date of the enactment of this Act, the Defense Supplement to
the Federal Acquisition Regulation shall be amended to require that
persons with Department of Defense contracts valued in total greater
than $10,000,000 must semiannually submit to the Under Secretary a
report that includes the information subject to inclusion in the
database as listed in paragraphs (1) through (5) of subsection (c).
SEC. 832. ETHICS SAFEGUARDS FOR EMPLOYEES UNDER CERTAIN
CONTRACTS FOR THE PERFORMANCE OF ACQUISITION FUNCTIONS CLOSELY
ASSOCIATED WITH INHERENTLY GOVERNMENTAL FUNCTIONS.
(a) Contract Clause Required- Each contract (or task or
delivery order) in excess of $500,000 that calls for the performance of
acquisition functions closely associated with inherently governmental
functions for or on behalf of the Department of Defense shall include a
contract clause addressing financial conflicts of interests of
contractor employees who will be responsible for the performance of
such functions.
(b) Contents of Contract Clause- The contract clause required by subsection (a) shall, at a minimum--
(1) require the contractor to prohibit any employee of
the contractor from performing any functions described in subsection
(a) under such a contract (or task or delivery order) relating to a
program, company, contract, or other matter in which the employee (or a
member of the employee's immediate family) has a financial interest
without the express written approval of the contracting officer;
(2) require the contractor to obtain, review, update,
and maintain as part of its personnel records a financial disclosure
statement from each employee assigned to perform functions described in
paragraph (1) under such a contract (or task or delivery order) that is
sufficient to enable the contractor to ensure compliance with the
requirements of paragraph (1);
(3) require the contractor to prohibit any employee of
the contractor who is responsible for performing functions described in
paragraph (1) under such a contract (or task or delivery order)
relating to a program, company, contract, or other matter from
accepting a gift from the affected company or from an individual or
entity that has a financial interest in the program, contract, or other
matter;
(4) require the contractor to prohibit contractor
personnel who have access to non-public government information obtained
while performing work on such a contract (or task or delivery order)
from using such information for personal gain;
(5) require the contractor to take appropriate
disciplinary action in the case of employees who fail to comply with
prohibitions established pursuant to this section;
(6) require the contractor to promptly report any
failure to comply with the prohibitions established pursuant to this
section to the contracting officer for the applicable contract or
contracts;
(7) include appropriate definitions of the terms
`financial interest' and `gift' that are similar to the definitions in
statutes and regulations applicable to Federal employees;
(8) establish appropriate contractual penalties for
failures to comply with the requirements of paragraphs (1) through (6);
and
(9) provide such additional safeguards, definitions, and exceptions as may be necessary to safeguard the public interest.
(c) Functions Closely Associated With Inherently
Governmental Functions Defined- In this section, the term `functions
closely associated with inherently governmental functions' has the
meaning given that term in section 2383(b)(3) of title 10, United
States Code.
(d) Effective Date- This section shall take effect 30 days after the date of the enactment of this Act, and shall apply to--
(1) contracts entered on or after that effective date; and
(2) task or delivery orders awarded on or after that
effective date, regardless of whether the contracts pursuant to which
such task or delivery orders are awarded are entered before, on, or
after the date of the enactment of this Act.
SEC. 833. INFORMATION FOR DEPARTMENT OF DEFENSE CONTRACTOR EMPLOYEES ON THEIR WHISTLEBLOWER RIGHTS.
(a) In General- The Secretary of Defense shall prescribe in
regulations a policy for informing employees of a contractor of the
Department of Defense of their whistleblower rights and protections
under section 2409 of title 10, United States Code, as implemented by
subpart 3.9 of part I of title 48, Code of Federal Regulations.
(b) Elements- The regulations required by subsection (a) shall include requirements as follows:
(1) Employees of Department of Defense contractors
shall be notified in writing of the provisions of section 2409 of title
10, United States Code.
(2) Notice to employees of Department of Defense
contractors under paragraph (1) shall state that the restrictions
imposed by any employee agreement or nondisclosure agreement shall not
supersede, conflict with, or otherwise alter the employee rights
created by section 2409 of title 10, United States Code, or the
regulations implementing such section.
(c) Contractor Defined- In this section, the term
`contractor' has the meaning given that term in section 2409(e)(4) of
title 10, United States Code.
Subtitle E--Matters Relating to Iraq and Afghanistan
SEC. 841. PERFORMANCE BY PRIVATE SECURITY CONTRACTORS OF INHERENTLY GOVERNMENTAL FUNCTIONS IN AN AREA OF COMBAT OPERATIONS.
(a) Modification of Regulations- Not later than 60 days
after the date of the enactment of this Act, the regulations issued by
the Secretary of Defense pursuant to section 862(a) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 254; 10 U.S.C. 2302 note) shall be modified to ensure that
private security contractors are not authorized to perform inherently
governmental functions in an area of combat operations.
(b) Elements- The modification of regulations pursuant to subsection (a) shall provide, at a minimum, each of the following:
(1) That security operations for the protection of
resources (including people, information, equipment, and supplies) in
uncontrolled or unpredictable high threat environments are inherently
governmental functions if such security operations--
(A) will be performed in highly hazardous public
areas where the risks are uncertain and could reasonably be expected to
require deadly force that is more likely to be initiated by personnel
performing such security operations than by others; or
(B) could reasonably be expected to require
immediate discretionary decisions on the appropriate course of action
or the acceptable level of risk (such as judgments on the appropriate
level of force, acceptable level of collateral damage, and whether the
target is friend or foe), the outcome of which could significantly
affect the life, liberty, or property of private persons or the
international relations of the United States.
(2) That the agency awarding the contract has
appropriate mechanisms in place to ensure that private security
contractors operate in a manner consistent with the regulations issued
by the Secretary of Defense pursuant to such section 862(a), as
modified pursuant to this section.
(c) Periodic Review of Performance of Functions-
(1) IN GENERAL- The Secretary of Defense shall, in
coordination with the heads of other appropriate agencies, periodically
review the performance of private security functions in areas of combat
operations to ensure that such functions are authorized and performed
in a manner consistent with the requirements of this section.
(2) REPORTS- Not later than June 1 of each of 2009,
2010, and 2011, the Secretary shall submit to the congressional defense
committees a report on the results of the most recent review conducted
under paragraph (1).
SEC. 842. ADDITIONAL CONTRACTOR REQUIREMENTS AND
RESPONSIBILITIES RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR
PERSONNEL IN IRAQ AND AFGHANISTAN.
(a) In General- Section 861(b) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
253; 10 U.S.C. 2302 note) is amended by adding the following new
paragraphs:
`(7) Mechanisms for ensuring that contractors are
required to report offenses described in paragraph (6) that are alleged
to have been committed by or against contractor personnel to
appropriate investigative authorities.
`(8) Responsibility for providing victim and witness
protection and assistance to contractor employees and other persons
supporting the mission of the United States Government in Iraq or
Afghanistan in connection with alleged offenses described in paragraph
(6).'.
(b) Implementation- The memorandum of understanding
required by section 861(a) of the National Defense Authorization Act
for Fiscal Year 2008 shall be modified to address the requirements
under the amendment made by subsection (a) not later than 90 days after
the date of the enactment of this Act.
SEC. 843. CLARIFICATION AND MODIFICATION OF AUTHORITIES
RELATING TO THE COMMISSION ON WARTIME CONTRACTING IN IRAQ AND
AFGHANISTAN.
(a) Nature of Commission- Subsection (a) of section 841 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 230) is amended by inserting `in the legislative
branch' after `There is hereby established'.
(b) Pay and Annuities of Members and Staff on Federal
Reemployment- Subsection (e) of such is amended by adding at the end
the following new paragraph:
`(8) PAY AND ANNUITIES OF MEMBERS AND STAFF ON FEDERAL
REEMPLOYMENT- If warranted by circumstances described in subparagraph
(A) or (B) of section 8344(i)(1) of title 5, United States Code, or by
circumstances described in subparagraph (A) or (B) of section
8468(f)(1) of such title, as applicable, a co-chairman of the
Commission may exercise, with respect to the members and staff of the
Commission, the same waiver authority as would be available to the
Director of the Office of Personnel Management under such section.'.
(1) NATURE OF COMMISSION- The amendment made by
subsection (a) shall take effect as of January 28, 2008, as if included
in the enactment of the National Defense Authorization Act for Fiscal
Year 2008.
(2) PAY AND ANNUITIES- The amendment made by subsection
(b) shall apply to members and staff of the Commission on Wartime
Contracting in Iraq and Afghanistan appointed or employed, as the case
may be, on or after that date.
SEC. 844. COMPREHENSIVE AUDIT OF SPARE PARTS PURCHASES AND
DEPOT OVERHAUL AND MAINTENANCE OF EQUIPMENT FOR OPERATIONS IN IRAQ AND
AFGHANISTAN.
(a) Audits Required- The Army Audit Agency, the Navy Audit
Service, and the Air Force Audit Agency shall each conduct thorough
audits to identify potential waste, fraud, and abuse in the performance
of the following:
(1) Department of Defense contracts, subcontracts, and task and delivery orders for--
(A) depot overhaul and maintenance of equipment for the military in Iraq and Afghanistan; and
(B) spare parts for military equipment used in Iraq and Afghanistan; and
(2) Department of Defense in-house overhaul and maintenance of military equipment used in Iraq and Afghanistan.
(b) Comprehensive Audit Plan-
(1) PLANS- The Army Audit Agency, the Navy Audit
Service, and the Air Force Audit Agency shall, in coordination with the
Inspector General of the Department of Defense, develop a comprehensive
plan for a series of audits to discharge the requirements of subsection
(a).
(2) INCORPORATION INTO REQUIRED AUDIT PLAN- The plan
developed under paragraph (1) shall be submitted to the Inspector
General of the Department of Defense for incorporation into the audit
plan required by section 842(b)(1) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
234; 10 U.S.C. 2302 note).
(c) Independent Conduct of Audit Functions- All audit
functions performed under this section, including audit planning and
coordination, shall be performed in an independent manner.
(d) Availability of Results- All audit reports resulting
from audits under this section shall be made available to the
Commission on Wartime Contracting in Iraq and Afghanistan established
pursuant to section 841 of the National Defense Authorization Act for
Fiscal Year 2008 (122 Stat. 230).
Subtitle F--Other Matters
SEC. 851. EXPEDITED HIRING AUTHORITY FOR THE DEFENSE ACQUISITION WORKFORCE.
(a) In General- For purposes of sections 3304, 5333, and 5753 of title 5, United States Code, the Secretary of Defense may--
(1) designate any category of acquisition positions within the Department of Defense as shortage category positions; and
(2) utilize the authorities in such sections to recruit
and appoint highly qualified persons directly to positions so
designated.
(b) Termination of Authority- The Secretary may not appoint
a person to a position of employment under this section after September
30, 2012.
SEC. 852. SPECIFICATION OF SECRETARY OF DEFENSE AS
`SECRETARY CONCERNED' FOR PURPOSES OF LICENSING OF INTELLECTUAL
PROPERTY FOR THE DEFENSE AGENCIES AND DEFENSE FIELD ACTIVITIES.
Subsection (e) of section 2260 of title 10, United States Code, is amended to read as follows:
`(e) Definitions- In this section:
`(1) The terms `trademark', `service mark',
`certification mark', and `collective mark' have the meanings given
such terms in section 45 of the Act of July 5, 1946 (commonly referred
to as the Trademark Act of 1946; 15 U.S.C. 1127).
`(2) The term `Secretary concerned' includes the
Secretary of Defense, with respect to matters concerning the Defense
Agencies and the defense field activities.'.
SEC. 853. REPEAL OF REQUIREMENTS RELATING TO THE MILITARY SYSTEM ESSENTIAL ITEM 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. MODIFICATION OF STATUS OF ASSISTANT TO THE
SECRETARY OF DEFENSE FOR NUCLEAR AND CHEMICAL AND BIOLOGICAL DEFENSE
PROGRAMS.
Section 142 of title 10, United States Code, is amended by adding at the end the following:
`(c) The Assistant to the Secretary shall be considered an
Assistant Secretary of Defense for purposes of section 138(d) of this
title.'.
SEC. 902. PARTICIPATION OF DEPUTY CHIEF MANAGEMENT OFFICER
OF THE DEPARTMENT OF DEFENSE ON DEFENSE BUSINESS SYSTEM MANAGEMENT
COMMITTEE.
(a) Participation- Subsection (a) of section 186 of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and
(2) by inserting after paragraph (1) the following new paragraph (2):
`(2) The Deputy Chief Management Officer of the Department of Defense.'.
(b) Service as Vice Chairman- The second sentence of
subsection (b) of such section is amended to read as follows: `The
Deputy Chief Management Officer of the Department of Defense shall
serve as vice chairman of the Committee, and shall act as chairman in
the absence of the Deputy Secretary of Defense.'.
SEC. 903. REPEAL OF OBSOLETE LIMITATIONS ON MANAGEMENT HEADQUARTERS PERSONNEL.
(a) Repeal- The following provisions of title 10, United States Code, are repealed:
(3) Subsection (f) of section 3014.
(4) Subsection (f) of section 5014.
(5) Subsection (f) of section 8014.
(1) The table of sections at the beginning of chapter 4 of such title is amended by striking the item relating to section 143.
(2) The table of sections at the beginning of chapter 8 of such title is amended by striking the item relating to section 194.
SEC. 904. GENERAL COUNSEL TO THE INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE.
Section 8 of the Inspector General Act of 1978 (50 U.S.C.
App. 8) is amended by adding at the end the following new subsection:
`(h)(1) There is a General Counsel to the Inspector General
of the Department of Defense, who shall be appointed by the Inspector
General of the Department of Defense.
`(2)(A) Notwithstanding section 140(b) of title 10, United
States Code, the General Counsel is the chief legal officer of the
Office of the Inspector General.
`(B) The Inspector General is the exclusive legal client of the General Counsel.
`(C) The General Counsel shall perform such functions as the Inspector General may prescribe.
`(D) The General Counsel shall serve at the discretion of the Inspector General.
`(3) There is an Office of the General Counsel to the
Inspector General of the Department of Defense. The Inspector General
may appoint to the Office to serve as staff of the General Counsel such
legal counsel as the Inspector General considers appropriate.'.
SEC. 905. ASSIGNMENT OF FORCES TO THE UNITED STATES NORTHERN
COMMAND WITH PRIMARY MISSION OF MANAGEMENT OF THE CONSEQUENCES OF AN
INCIDENT IN THE UNITED STATES HOMELAND INVOLVING A CHEMICAL,
BIOLOGICAL, RADIOLOGICAL, OR NUCLEAR DEVICE, OR HIGH-YIELD EXPLOSIVES.
(a) Findings- Congress makes the following findings
(1) As noted in the June 2005 Department of Defense
Strategy for Homeland Defense and Civil Support, protecting the United
States homeland from attack is the highest priority of the Department
of Defense.
(2) As further noted in the June 2005 Department of
Defense Strategy for Homeland Defense and Civil Support, `[i]n the next
ten years, terrorist groups, poised to attack the United States and
actively seeking to inflict mass casualties or disrupt U.S. military
operations, represent the most immediate challenge to the nation's
security'.
(3) The Department of Defense established the United
States Northern Command in October 2002 to provide command and control
of the homeland defense efforts of the Department of Defense and to
coordinate defense support of civil authorities, including defense
support for Federal consequence management of chemical, biological,
radiological, nuclear, or high-yield explosive incidents.
(4) The Commission on the National Guard and Reserves
and the Government Accountability Office have criticized the capacity
of the Department of Defense to respond to an incident in the United
States homeland involving a chemical, biological, radiological, or
nuclear device, or high-yield explosives due to a lack of capabilities
to handle simultaneous weapons of mass destruction events and a lack of
coordination and planning with the Department of Homeland Security and
State and local governments.
(5) According to testimony to Congress by the Commander
of United States Northern Command, the Secretary of Defense has
directed that a full-time, dedicated force be trained and equipped by
the end of fiscal year 2008 to provide defense support to civil
authorities in the case of a chemical, biological, radiological,
nuclear, or high-yield explosive incident within the United States.
This force is to be assigned to the Commander of the United States
Northern Command, and is to be followed by two additional such forces,
comprised of units of the regular components of the Armed Forces and
units and personnel of the National Guard, and Reserve, to be
established over the course of fiscal years 2009 and 2010.
(6) The Department of Defense and United States
Northern Command have begun the process of identifying, training,
equipping, and assigning forces for the mission of managing the
consequences of chemical, biological, radiological, nuclear, or
high-yield explosive incidents in the United States.
(b) Sense of Congress- It is the sense of Congress that--
(1) the Department of Defense should, as part of a
Government-wide effort, make every effort to help protect the citizens
of this Nation from the threat of an attack on the United States
homeland involving a chemical, biological, radiological, or nuclear
device, or high-yield explosives by terrorists or other aggressors;
(2) efforts to establish forces for the mission of
managing the consequences of chemical, biological, radiological,
nuclear, or high-yield explosive incidents in the United States should
receive the highest level of attention within the Department of
Defense; and
(3) the additional forces necessary for that mission
should be identified, trained, equipped, and assigned to United States
Northern Command as soon as possible.
(1) IN GENERAL- Not later than 180 days after the date
of the enactment of this Act, and one year and two years thereafter,
the Secretary of Defense shall submit to the congressional defense
committees a report on the progress made as of the date of such report
in assigning to the United States Northern Command forces having the
primary mission of managing the consequences of an incident in the
United States homeland involving a chemical, biological, radiological,
or nuclear device, or high-yield explosives.
(2) ELEMENTS- Each report submitted under paragraph (1) shall include the following:
(A) A description of the force structure, size,
composition, and location of the units and personnel of the regular
components of the Armed Forces, and the units and personnel of the
reserve components of the Armed Forces, assigned to the United States
Northern Command that have the primary mission of managing the
consequences of an incident in the United States homeland involving a
chemical, biological, radiological, or nuclear device, or high-yield
explosives.
(B) A description of the progress made in
developing procedures to mobilize and demobilize units and personnel of
the reserve components of the Armed Forces that are assigned to the
United States Northern Command as described in subparagraph (A).
(C) A description of the progress being made in the
training and certification of units and personnel that are assigned to
United States Northern Command as described in subparagraph (A).
(D) An assessment of the need to establish a
national training center for training units and personnel of the Armed
Forces in the management of the consequences of an incident in the
United States homeland as described in subparagraph (A).
(E) A description of the progress made in
addressing the shortfalls in the management of the consequences of an
incident in the United States homeland as described in subparagraph (A)
that are identified in--
(i) the reports of the Comptroller General of the United States numbered GAO-08-251 and GAO-08-252; and
(ii) the report of the Commission on the National Guard and Reserve.
SEC. 906. BUSINESS TRANSFORMATION INITIATIVES FOR THE MILITARY DEPARTMENTS.
(a) In General- The Secretary of each military department
shall, acting through the Chief Management Officer of such military
department, carry out an initiative for the business transformation of
such military department.
(b) Objectives- The objectives of the business
transformation initiative of a military department under this section
shall include, at a minimum, the following:
(1) The development of a comprehensive business
transformation plan, with measurable performance goals and objectives,
to achieve an integrated management system for the business operations
of the military department.
(2) The development of a well-defined enterprise-wide
business systems architecture and transition plan encompassing
end-to-end business processes and capable of providing accurately and
timely information in support of business decisions of the military
department.
(3) The implementation of the business transformation
plan developed pursuant to paragraph (1) and the business systems
architecture and transition plan developed pursuant to paragraph (2).
(c) Business Transformation Offices-
(1) ESTABLISHMENT- Not later than 120 days after the
date of the enactment of this Act, the Secretary of each military
department shall establish within such military department an office
(to be known as the `Office of Business Transformation' of such
military department) to assist the Chief Management Officer of such
military department in carrying out the initiative required by this
section for such military department.
(2) HEAD- The Office of Business Transformation of a
military department under this subsection shall be headed by a Director
of Business Transformation, who shall be appointed by the Chief
Management Officer of the military department, in consultation with the
Director of the Business Transformation Agency of the Department of
Defense, from among individuals with significant experience managing
large-scale organizations or business transformation efforts.
(3) SUPERVISION- The Director of Business
Transformation of a military department under paragraph (2) shall
report directly to the Chief Management Officer of the military
department, subject to policy guidance from the Director of the
Business Transformation Agency of the Department of Defense.
(4) AUTHORITY- In carrying out the initiative required
by this section for a military department, the Director of Business
Transformation of the military department under paragraph (2) shall
have the authority to require elements of the military department to
carry out actions that are within the purpose and scope of the
initiative.
(d) Responsibilities of Business Transformation Offices-
The Office of Business Transformation of a military department
established pursuant to subsection (b) shall be responsible for the
following:
(1) Transforming the budget, finance, and accounting
operations of the military department in a manner that is consistent
with the business transformation plan developed pursuant to subsection
(b)(1).
(2) Eliminating or replacing financial management
systems of the military department that are inconsistent with the
business systems architecture and transition plan developed pursuant to
subsection (b)(2).
(3) Ensuring that the business transformation plan and
the business systems architecture and transition plan are implemented
in a manner that is aggressive, realistic, and accurately measured.
(e) Required Elements- In carrying out the initiative
required by this section for a military department, the Chief
Management Officer and the Director of Business Transformation of the
military department shall ensure that each element of the initiative is
consistent with--
(1) the requirements of the Business Enterprise
Architecture and Transition Plan developed by the Secretary of Defense
pursuant to section 2222 of title 10, United States Code;
(2) the Standard Financial Information Structure of the Department of Defense;
(3) the Federal Financial Management Improvement Act of 1996 (and the amendments made by that Act); and
(4) other applicable requirements of law and regulation.
(f) Reports on Implementation-
(1) INITIAL REPORTS- Not later than six months after
the date of the enactment of this Act, the Chief Management Officer of
each military department shall submit to the congressional defense
committees a report on the actions taken, and on the actions planned to
be taken, by such military department to implement the requirements of
this section.
(2) UPDATES- Not later than March 1 of each of 2010,
2011, and 2012, the Chief Management Officer of each military
department shall submit to the congressional defense committees a
current update of the report submitted by such Chief Management Officer
under paragraph (1).
Subtitle B--Space Matters
SEC. 911. SPACE POSTURE REVIEW.
(a) Requirement for Comprehensive Review- In order to
clarify the national security space policy and strategy of the United
States for the near term, the Secretary of Defense and the Director of
National Intelligence shall jointly conduct a comprehensive review of
the space posture of the United States over the posture review period.
(b) Elements of Review- The review conducted under subsection (a) shall include, for the posture review period, the following:
(1) The definition, policy, requirements, and objectives for each of the following:
(A) Space situational awareness.
(C) Space superiority, including defensive and offensive counterspace and protection.
(D) Force enhancement and force application.
(E) Space-based intelligence and surveillance and reconnaissance from space.
(F) Integration of space and ground control and user equipment.
(G) Any other matter the Secretary considers relevant to understanding the space posture of the United States.
(2) A description of current and planned space
acquisition programs that are in acquisition categories 1 and 2,
including how each such program will address the policy, requirements,
and objectives described under each of subparagraphs (A) through (G) of
paragraph (1).
(3) A description of future space systems and
technology development (other than such systems and technology in
development as of the date of the enactment of this Act) necessary to
address the policy, requirements, and objectives described under each
of subparagraphs (A) through (G) of paragraph (1).
(4) An assessment of the relationship among the following:
(A) United States military space policy.
(B) National security space policy.
(C) National security space objectives.
(E) Export control policy.
(5) An assessment of the effect of the military and
national security space policy of the United States on the
proliferation of weapons capable of targeting objects in space or
objects on Earth from space.
(1) IN GENERAL- Not later than December 1, 2009, the
Secretary of Defense and the Director of National Intelligence shall
jointly submit to the congressional committees specified in paragraph
(3) a report on the review conducted under subsection (a).
(2) FORM OF REPORT- The report under this subsection
shall be submitted in unclassified form, but may include a classified
annex.
(3) COMMITTEES- The congressional committees specified in this paragraph are--
(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(d) Posture Review Period Defined- In this section, the
term `posture review period' means the 10-year period beginning on
February 1, 2009.
Subtitle C--Defense Intelligence Matters
SEC. 921. REQUIREMENT FOR OFFICERS OF THE ARMED FORCES ON ACTIVE DUTY IN CERTAIN INTELLIGENCE POSITIONS.
(a) In General- Effective as of October 1, 2008, the
individual serving in each position specified in subsection (b) shall
be a commissioned officer of the Armed Forces on active duty.
(b) Specified Positions- The positions specified in this subsection are the positions as follows:
(1) Principal deputy to the senior military officer serving as the Deputy Chief of the Army Staff for Intelligence.
(2) Principal deputy to the senior military officer serving as the Director of Intelligence for the Chief of Naval Operations.
(3) Principal deputy to the senior military officer serving as the Assistant to the Air Force Chief of Staff for Intelligence.
SEC. 922. TRANSFER OF MANAGEMENT OF INTELLIGENCE SYSTEMS SUPPORT OFFICE.
(a) Transfer of Management Generally-
(1) TRANSFER- Except as provided in subsection (b),
management of the Intelligence Systems Support Office, and all programs
and activities of that office as of April 1, 2008, including the
Foreign Materials Acquisitions program, shall be transferred to the
Defense Intelligence Agency.
(2) MANAGEMENT- The programs and activities of the
Intelligence Systems Support Office transferred under paragraph (1)
shall, after transfer under that paragraph, be managed by the Director
of the Defense Intelligence Agency.
(b) Transfer of Management of Center for International Issues Research-
(1) TRANSFER- Management of the Center for
International Issues Research shall be transferred to the Office of the
Assistant Secretary of Defense for Special Operations and Low Intensity
Conflict.
(2) MANAGEMENT- The Center for International Issues
Research shall, after transfer under paragraph (1), be managed by the
Assistant Secretary of Defense for Special Operations and Low Intensity
Conflict.
(c) Deadline for Transfers of Management- The transfers of
management required by subsections (a) and (b) shall occur not later
than 30 days after the date of the enactment of this Act.
(d) Limitation on Certain Authority of USD for
Intelligence- Effective as of December 1, 2008, the Under Secretary of
Defense for Intelligence may not establish or maintain the capabilities
as follows:
(1) A capability to execute programs of technology or systems development and acquisition.
(2) A capability to provide operational support to combatant commands.
SEC. 923. PROGRAM ON ADVANCED SENSOR APPLICATIONS.
(1) IN GENERAL- The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall provide for the carrying
out of a program on advanced sensor applications in order to provide
for the evaluation by the Department of Defense on scientific and
engineering grounds of foreign technology utilized for the detection
and tracking of submarines.
(2) DESIGNATION- The program under this section shall be known as the `Advanced Sensor Applications Program'.
(b) Responsibility for Execution of Program- The program
under this section shall be carried out by the Commander of the Naval
Air Systems Command in consultation with the Program Executive Officer
for Aviation of the Department of the Navy and the Director of Special
Programs for the Chief of Naval Operations.
(c) Program Requirements and Limitations-
(1) ACCESS TO CERTAIN INFORMATION- In carrying out the
program under this section, the Commander of the Naval Air Systems
Command shall--
(A) have complete access to all United States intelligence relating to the detection and tracking of submarines; and
(B) be kept currently apprised of information and
assessments of the Office of Naval Intelligence, the Defense
Intelligence Agency, and the Central Intelligence Agency, and of
information and assessments of the intelligence services of allies of
the United States that are available to the United States, on matters
relating to the detection and tracking of submarines.
(2) INDEPENDENCE OF PROGRAM- The program under this
section shall be carried out independently of the Office of Naval
Intelligence, the Defense Intelligence Agency, the Central Intelligence
Agency, and any other element of the intelligence community.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations-
(1) AUTHORITY- Upon determination by the Secretary of
Defense that such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 2009 between any
such authorizations for that fiscal year (or any subdivisions thereof).
Amounts of authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) LIMITATION- Except as provided in paragraph (3),
the total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed $5,000,000,000.
(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL
AUTHORIZATIONS- A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the dollar
limitation in paragraph (2).
(b) Limitations- The authority provided by this section to transfer authorizations--
(1) may only be used to provide authority for items
that have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that has been denied authorization by Congress.
(c) Effect on Authorization Amounts- A transfer made from
one account to another under the authority of this section shall be
deemed to increase the amount authorized for the account to which the
amount is transferred by an amount equal to the amount transferred.
(d) Notice to Congress- The Secretary shall promptly notify Congress of each transfer made under subsection (a).
SEC. 1002. INCORPORATION INTO ACT OF TABLES IN THE REPORT OF THE COMMITTEE ON ARMED SERVICES OF THE SENATE.
(a) Incorporation- Each funding table in the report of the Committee on Armed Services of the Senate to accompany the bill S. XXX
of the 110th Congress is hereby incorporated into this Act and is
hereby made a requirement in law. Items in each such funding table
shall be binding on agency heads in the same manner and to the same
extent as if such funding table was included in the text of this Act,
unless transfers of funding for such items are approved in accordance
with established procedures.
(b) Merit-Based Decisions- Decisions by agency heads to
commit, obligate, or expend funds on the basis of any funding table
incorporated into this Act pursuant to subsection (a) shall be based on
authorized, transparent, statutory criteria, and merit-based
decisionmaking in accordance with the requirements of sections 2304(k)
and 2374 of title 10, United States Code, and other applicable
provisions of law.
(c) Oral and Written Communications- No oral or written
communication concerning any item in a funding table incorporated into
this Act under subsection (a) shall supersede the requirements of
subsection (b).
SEC. 1003. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN FISCAL YEAR 2009.
(a) Fiscal Year 2009 Limitation- The total amount
contributed by the Secretary of Defense in fiscal year 2009 for the
common-funded budgets of NATO may be any amount up to, but not in
excess of, the amount specified in subsection (b) (rather than the
maximum amount that would otherwise be applicable to those
contributions under the fiscal year 1998 baseline limitation).
(b) Total Amount- The amount of the limitation applicable under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end
of fiscal year 2008, of funds appropriated for fiscal years before
fiscal year 2009 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be made under section 2501.
(c) Authorized Amounts- Amounts authorized to be
appropriated by titles II and III of this Act are available for
contributions for the common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $1,049,000 for the Civil Budget.
(2) Of the amount provided in section 301(1), $408,788,000 for the Military Budget.
(d) Definitions- For purposes of this section:
(1) COMMON-FUNDED BUDGETS OF NATO- The term
`common-funded budgets of NATO' means the Military Budget, the Security
Investment Program, and the Civil Budget of the North Atlantic Treaty
Organization (and any successor or additional account or program of
NATO).
(2) FISCAL YEAR 1998 BASELINE LIMITATION- The term
`fiscal year 1998 baseline limitation' means the maximum annual amount
of Department of Defense contributions for common-funded budgets of
NATO that is set forth as the annual limitation in section 3(2)(C)(ii)
of the resolution of the Senate giving the advice and consent of the
Senate to the ratification of the Protocols to the North Atlantic
Treaty of 1949 on the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that resolution), approved by
the Senate on April 30, 1998.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. GOVERNMENT RIGHTS IN DESIGNS OF DEPARTMENT OF
DEFENSE VESSELS, BOATS, CRAFT, AND COMPONENTS DEVELOPED USING PUBLIC
FUNDS.
(a) In General- Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 7317. Government rights in designs of Department of
Defense vessels, boats, craft, and components developed using public
funds
`(a) In General- Government rights in the design of a
vessel, boat, or craft, and its components, including the hull, decks,
superstructure, and all shipboard equipment and systems, developed in
whole or in part using public funds shall be determined solely as
follows:
`(1) In the case of a vessel, boat, craft, or component
procured through a contract, in accordance with the provisions of
section 2320 of this title.
`(2) In the case of a vessel, boat, craft, or component
procured through an instrument not governed by section 2320 of this
title, by the terms of the instrument (other than a contract) under
which the design for such vessel, boat, craft, or component, as
applicable, was developed for the Government.
`(b) Construction of Superseding Authorities- This section
may be modified or superseded by a provision of statute only if such
provision expressly refers to this section in modifying or superseding
this section.'.
(b) Clerical Amendment- The table of sections at the
beginning of chapter 633 of such title is amended by adding at the end
the following new item:
`7317. Government rights in designs of Department of
Defense vessels, boats, craft, and components developed using public
funds.'.
SEC. 1012. REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS OPERATIONS.
(a) In General- Amounts appropriated for operation and
maintenance for the Navy may be used to pay the charge established
under section 1011 of title 37, United States Code, for meals sold by
messes for United States Navy and Naval Auxiliary vessels to the
following:
(1) Members of nongovernmental organizations and
officers or employees of host and foreign nations when participating in
or providing support to United States civil-military operations.
(2) Foreign national patients treated on Naval vessels
during the conduct of United States civil-military operations, and
their escorts.
(b) Expiration of Authority- The authority to pay for meals under subsection (a) shall expire on September 30, 2010.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO
PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING
COUNTER-TERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act
for Fiscal Year 2004 (10 U.S.C. 371 note) is amended by striking
`through 2008' and inserting `through 2009'.
SEC. 1022. TWO-YEAR EXTENSION OF AUTHORITY FOR USE OF FUNDS FOR UNIFIED COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2042), as amended by section 1023 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2382), is further amended--
(1) in subsection (a)(1), by striking `through 2008' and inserting `through 2010'; and
(2) in subsection (c), by striking `through 2008' and inserting `through 2010'.
Subtitle D--Miscellaneous Authorities and Limitations
SEC. 1031. PROCUREMENT BY STATE AND LOCAL GOVERNMENTS OF
EQUIPMENT FOR HOMELAND SECURITY AND EMERGENCY RESPONSE ACTIVITIES
THROUGH THE DEPARTMENT OF DEFENSE.
(a) Expansion of Procurement Authority To Include Equipment for Homeland Security and Emergency Response Activities-
(1) PROCEDURES- Subsection (a)(1) of section 381 of title 10, United States Code, is amended--
(A) in subsection (a)(1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking `law enforcement'; and
(II) by inserting `, homeland security, and emergency response' after `counter-drug';
(ii) in subparagraph (A)--
(I) in the matter preceding clause (i), by inserting `, homeland security, or emergency response' after `counter-drug'; and
(II) in clause (i), by striking `law enforcement';
(iii) in subparagraph (C), by striking `law enforcement' each place it appears; and
(iv) in subparagraph (D), by striking `law enforcement'.
(2) GSA CATALOG- Subsection (c) of such section is amended--
(A) by striking `law enforcement'; and
(B) by inserting `, homeland security, and emergency response' after `counter-drug'.
(3) DEFINITIONS- Subsection (d) of such section is amended--
(A) in paragraph (2), by inserting `or emergency response' after `law enforcement' both places it appears; and
(i) by striking `law enforcement';
(ii) by inserting `, homeland security, and emergency response' after `counter-drug'; and
(iii) by inserting `and, in the case of
equipment for homeland security activities, may not include any
equipment that is not found on the Authorized Equipment List published
by the Department of Homeland Security' after `purposes'.
(1) HEADING AMENDMENT- The heading of such section is amended to read as follows:
`Sec. 381. Procurement of equipment by State and local
governments through the Department of Defense: equipment for
counter-drug, homeland security, and emergency response activities'.
(2) TABLE OF SECTIONS- The table of sections at the
beginning of chapter 18 of such title is amended by striking the item
relating to section 381 and inserting the following new item:
`381. Procurement of equipment by State and local
governments through the Department of Defense: equipment for
counter-drug, homeland security, and emergency response activities.'.
SEC. 1032. ENHANCEMENT OF THE CAPACITY OF THE UNITED STATES GOVERNMENT TO CONDUCT COMPLEX OPERATIONS.
(a) In General- Chapter 20 of title 10, United States Code, is amended by adding the following new section:
`Sec. 409. Center for Complex Operations
`(a) Center Authorized- The Secretary of Defense may
establish within the Department of Defense a center to be known as the
`Center for Complex Operations' (in this section referred to as the
`Center').
`(b) Purposes- The purposes of the Center established under subsection (a) shall be the following:
`(1) To provide for effective coordination in the
preparation of Department of Defense personnel and other United States
Government personnel for complex operations.
`(2) To foster unity of effort among the departments
and agencies of the United States Government, foreign governments and
militaries, international organizations, and nongovernmental
organizations in their participation in complex operations.
`(3) To conduct research, collect, analyze, and
distribute lessons learned, and compile best practices in matters
relating to complex operations.
`(4) To identify gaps in the education and training of
Department of Defense personnel, and other United States Government
personnel, relating to complex operations, and to facilitate efforts to
fill such gaps.
`(c) Support From Other United States Government Agencies-
The head of any non-Department of Defense department or agency of the
United States Government may--
`(1) provide to the Secretary of Defense services, including personnel support, to support the operations of the Center; and
`(2) transfer funds to the Secretary of Defense to support the operations of the Center.
`(d) Acceptance of Gifts and Donations- (1) Subject to
paragraph (3), the Secretary of Defense may accept from any source
specified in paragraph (2) any gift or donation for purposes of
defraying the costs or enhancing the operations of the Center.
`(2) The sources specified in this paragraph are the following:
`(A) The government of a State or a political subdivision of a State.
`(B) The government of a foreign country.
`(C) A foundation or other charitable organization,
including a foundation or charitable organization that is organized or
operates under the laws of a foreign country.
`(D) Any source in the private sector of the United States or a foreign country.
`(3) The Secretary may not accept a gift or donation under
this subsection if acceptance of the gift or donation would compromise
or appear to compromise--
`(A) the ability of the Department of Defense, any
employee of the Department, or any member of the armed forces to carry
out the responsibility or duty of the Department in a fair and
objective manner; or
`(B) the integrity of any program of the Department or of any person involved in such a program.
`(4) The Secretary shall prescribe written guidance setting
forth the criteria to be used in determining the applicability of
paragraph (3) to any proposed gift or donation under this subsection.
`(e) Crediting of Funds Transferred or Accepted- Funds
transferred to or accepted by the Secretary of Defense under this
section shall be credited to appropriations available to the Department
of Defense for the Center, and shall be available for the same
purposes, and subject to the same conditions and limitations, as the
appropriations with which merged. Any funds so transferred or accepted
shall remain available until expended.
`(f) Definitions- In this section:
`(1) The term `complex operation' means an operation as follows:
`(A) A stability operation.
`(B) A security operation.
`(C) A transition and reconstruction operation.
`(D) A counterinsurgency operation.
`(E) An operation consisting of irregular warfare.
`(2) The term `gift or donation' means any gift or
donation of funds, materials (including research materials), real or
personal property, or services (including lecture services and faculty
services).'.
(b) Clerical Amendment- The table of sections at the
beginning of chapter 20 of such title is amended by adding at the end
the following new item:
`409. Center for Complex Operations.'.
SEC. 1033. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE
TO PROPERTY FUNDED FROM A DEPARTMENT OF DEFENSE WORKING CAPITAL FUND.
Section 7623(b) of title 10, United States Code, is amended--
(1) by inserting `(1)' after `(b)';
(2) in paragraph (1), as so designated, by striking the last sentence; and
(3) by adding at the end the following new paragraph:
`(2)(A) Except as provided in subparagraph (B), amounts
received under this section shall be covered into the Treasury as
miscellaneous receipts.
`(B) Amounts received under this section for damage or loss
to property operated and maintained with funds from a Department of
Defense working capital fund or account shall be credited to that fund
or account.'.
SEC. 1034. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR AIRLIFT SERVICES FROM CARRIERS PARTICIPATING IN THE CIVIL RESERVE AIR FLEET.
(a) In General- Chapter 931 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet
`(a) In General- The Secretary of Defense may award to an
air carrier or an air carrier contractor team arrangement participating
in the Civil Reserve Air Fleet on a fiscal year basis a one-year
contract for airlift services with a minimum purchase amount under such
contract determined in accordance with this section.
`(b) Eligible Carriers- In order to be eligible for
payments under the minimum purchase amount provided by this section, an
air carrier (or any air carrier participating in an air carrier
contractor team arrangement)--
`(1) if under contract with the Department of Defense
in the prior fiscal year, shall have an average on-time pick up rate,
based on factors within such air carrier's control, of at least 90
percent;
`(2) shall offer such amount of commitment to the Civil
Reserve Air Fleet in excess of the minimum required for participation
in the Civil Reserve Air Fleet as the Secretary of Defense shall
specify for purposes of this section; and
`(3) may not have refused a Department of Defense
request to act as a host for other Civil Reserve Air Fleet carriers at
intermediate staging bases during the prior fiscal year.
`(c) Aggregate 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 average annual
expenditure of the Department of Defense for commercial airlift
services during the five-fiscal year period ending in the fiscal year
before the fiscal year for which such contracts are awarded.
`(2) In calculating the average annual expenditure of the
Department of Defense for airlift services for purposes of paragraph
(1), the Secretary of Defense shall omit from the calculation any
fiscal year exhibiting unusually high demand for commercial airlift
services 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 services for purposes of that paragraph.
`(d) Allocation of Minimum Purchase Among Contracts- (1)
The aggregate amount of the minimum purchase amount for all contracts
awarded under subsection (a) for a fiscal year, as determined under
subsection (c), shall be allocated among all air carriers and air
carrier contractor team arrangements awarded contracts under subsection
(a) for such fiscal year in proportion to the commitments of such
carriers to the Civil Reserve Air Fleet for such fiscal year.
`(2) In determining the minimum purchase amount payable
under paragraph (1) under a contract under subsection (a) for airlift
services provided by an air carrier or air carrier contractor team
arrangement during the fiscal year covered by such contract, the
Secretary of Defense may adjust the amount allocated to such carrier or
arrangement under paragraph (2) to take into account periods during
such fiscal year when airlift services of such carrier or a carrier in
such arrangement are unavailable for usage by the Department of
Defense, including during periods of refused business or suspended
operations or when such carrier is placed in nonuse status pursuant to
section 2640 of this title for safety reasons.
`(e) Distribution of Amounts- If any amount available under
this section for the minimum purchase of airlift services from a
carrier or air carrier contractor team arrangement for a fiscal year
under a contract under subsection (a) is not utilized to purchase
airlift services from the carrier or arrangement in such fiscal year,
such amount shall be provided to the carrier or arrangement before the
first day of the following fiscal year.
`(f) Commitment of Funds- (1) The Secretary of each
military department shall transfer to the transportation working
capital fund a percentage of the total amount anticipated to be
required in such fiscal year for the payment of minimum purchase
amounts under all contracts awarded under subsection (a) for such
fiscal year equivalent to the percentage of the anticipated use of
airlift services by such military department during such fiscal year
from all carriers under contracts awarded under subsection (a) for such
fiscal year.
`(2) Any amounts required to be transferred under paragraph
(1) shall be transferred by the last day of the fiscal year concerned
to meet the requirements of subsection (e) unless minimum purchase
amounts have already been distributed by the Secretary of Defense under
subsection (e) as of that date.
`(g) Availability of Airlift Services- (1) From the total
amount of airlift services 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
services equal to the percentage of the contribution of the military
department to the transportation working capital fund for such fiscal
year under subsection (f).
`(2) A military department may transfer any entitlement to
airlift services under paragraph (1) to any other military department
or to any other agency, element, or component of the Department of
Defense.
`(h) Sunset- The authorities in this section shall expire on December 31, 2015.'.
(b) Clerical Amendment- The table of sections at the
beginning of chapter 941 of such title is amended by adding at the end
the following new item:
`9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet.'.
SEC. 1035. TERMINATION DATE OF BASE CONTRACT FOR THE NAVY-MARINE CORPS INTRANET.
Section 814 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-215), as amended by section 362 of the
National Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1065) and Public Law 107-254 (116 Stat. 1733), is
further amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new subsection (j):
`(j) Termination Date of Base Contract for Navy-Marine
Corps Intranet- Notwithstanding subsection (i), the base contract of
the Navy-Marine Corps Intranet contract may terminate on October 31,
2010.'.
SEC. 1036. PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL.
(a) Regulations Required- Effective as of the date that is
one year after the date of the enactment of this Act, the Department of
Defense manpower mix criteria and the Department of Defense Supplement
to the Federal Acquisition Regulation shall be revised to provide that--
(1) the interrogation of enemy prisoners of war,
civilian internees, retained persons, other detainees, terrorists, and
criminals when captured, transferred, confined, or detained during or
in the aftermath of hostilities is an inherently governmental function
and cannot be transferred to private sector contractors who are beyond
the reach of controls otherwise applicable to government personnel; and
(2) properly trained and cleared contractors may be
used as linguists, interpreters, report writers, and information
technology technicians if their work is properly reviewed by
appropriate government officials.
(b) Penalties- The obligation or expenditure of Department
of Defense funds for a contract that is not in compliance with the
regulations issued pursuant to this section is a violation of section
1341(a)(1)(A) of title 31, United States Code.
SEC. 1037. NOTIFICATION OF COMMITTEES ON ARMED SERVICES WITH RESPECT TO CERTAIN NONPROLIFERATION AND PROLIFERATION ACTIVITIES.
(a) Notification With Respect to Nonproliferation
Activities- The Secretary of Defense, the Secretary of Energy, the
Secretary of Commerce, the Secretary of State, and the Nuclear
Regulatory Commission shall keep the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives informed with respect to--
(1) any activities undertaken by any such Secretary or
the Commission to carry out the purposes and policies of the
Secretaries and the Commission with respect to nonproliferation
programs; and
(2) any other activities undertaken by any such
Secretary or the Commission to prevent the proliferation of nuclear,
chemical, or biological weapons or the means of delivery of such
weapons.
(b) Notification With Respect to Proliferation Activities in Foreign Nations-
(1) IN GENERAL- The Director of National Intelligence
shall keep the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives fully and
currently informed with respect to any activities of foreign nations
that are significant with respect to the proliferation of nuclear,
chemical, or biological weapons or the means of delivery of such
weapons.
(2) FULLY AND CURRENTLY INFORMED DEFINED- For purposes
of paragraph (1), the term `fully and currently informed' means the
transmittal of credible information with respect to an activity
described in such paragraph not later than 60 days after becoming aware
of the activity.
SEC. 1038. SENSE OF CONGRESS ON NUCLEAR WEAPONS MANAGEMENT.
(a) Findings- Congress makes the following findings:
(1) The unauthorized transfer of nuclear weapons from
Minot Air Force Base, North Dakota, to Barksdale Air Force Base,
Louisiana, in August 2007 was an extraordinary breach of the command
and control and security of nuclear weapons.
(2) The reviews conducted following that unauthorized
transfer found that the ability of the Department of Defense to provide
oversight of nuclear weapons matters had degenerated and that senior
level attention to nuclear weapons management is minimal at best.
(3) The lack of attention to nuclear weapons and
related equipment by the Department of Defense was demonstrated again
when it was discovered in March 2008 that classified equipment from
Minuteman III intercontinental ballistic missiles was inadvertently
shipped to Taiwan in 2006.
(4) The Department of Defense has insufficient
capability and staffing in the Office of the Under Secretary of Defense
for Policy to provide the necessary oversight of the nuclear weapons
functions of the Department.
(5) The key senior position responsible for nuclear
weapons matters in the Department of Defense, the Assistant to the
Secretary of Defense for Nuclear and Chemical and Biological Defense
Programs, a position filled by appointment by and with the advice and
consent of the Senate, has been vacant for more than 18 months.
(b) Sense of Congress- It is the sense of Congress that--
(1) the United States should maintain clear and unambiguous command and control of its nuclear weapons;
(2) the safety and security of nuclear weapons and
related equipment should be a high priority as long as the United
States maintains a stockpile of nuclear weapons;
(3) the President should take immediate steps to
nominate a qualified individual for the position of Assistant to the
Secretary of Defense for Nuclear and Chemical and Biological Defense
Programs; and
(4) the Secretary of Defense should establish and fill
a senior position, at the level of Assistant Secretary or Deputy Under
Secretary, within the Office of the Under Secretary of Defense for
Policy to be responsible solely for the strategic and nuclear weapons
policy of the Department of Defense.
SEC. 1039. SENSE OF CONGRESS ON JOINT DEPARTMENT OF
DEFENSE-FEDERAL AVIATION ADMINISTRATION EXECUTIVE COMMITTEE ON CONFLICT
AND DISPUTE RESOLUTION.
(a) Findings- Congress makes the following findings:
(1) Unmanned aerial systems (UAS) of the Department of
Defense, like the Predator and the Global Hawk, have become a critical
component of military operations. Unmanned aerial systems are
indispensable in the conflict against terrorism and the campaigns in
Afghanistan and Iraq.
(2) Unmanned aerial systems of the Department of
Defense must operate in the National Airspace System (NAS) for
training, operational support to the combatant commands, and support to
domestic authorities in emergencies and national disasters.
(3) The Department of Defense has been lax in
developing certifications of airworthiness for unmanned aerial systems,
qualifications for operators of unmanned aerial systems, databases on
safety matters relating to unmanned aerial systems, and standards,
technology, and procedures that are necessary for routine access of
unmanned aerial systems to the National Airspace System.
(4) As recognized in a Memorandum of Agreement for
Operation of Unmanned Aircraft Systems in the National Airspace System
signed by the Deputy Secretary of Defense and the Administrator of the
Federal Aviation Administration in September 2007, it is vital for the
Department of Defense and the Federal Aviation Administration to
collaborate closely to achieve progress in gaining access for unmanned
aerial systems to the National Airspace System to support military
requirements.
(5) The Department of Defense and the Federal Aviation
Administration have jointly and separately taken significant actions to
improve the access of unmanned aerial systems of the Department of
Defense to the National Airspace System, but overall, the pace of
progress in access of such systems to the National Airspace System has
been insufficient and poses a threat to national security.
(6) Techniques and procedures can be rapidly acquired
or developed to temporarily permit safe operations of unmanned aerial
systems in the National Airspace System until permanent safe operations
of such systems in the National Airspace System can be achieved.
(7) Identifying, developing, approving, implementing,
and monitoring the adequacy of these techniques and procedures may
require the establishment of a joint Department of Defense-Federal
Aviation Administration executive committee reporting to the highest
levels of the Department of Defense and the Federal Aviation
Administration on matters relating to the access of unmanned aerial
systems of the Department of Defense to the National Airspace System.
(8) Joint management attention at the highest levels of
the Department of Defense and the Federal Aviation Administration may
also be required on other important issues, such as type ratings for
aerial refueling aircraft.
(b) Sense of Congress- It is the sense of Congress that the
Secretary of Defense should seek an agreement with the Administrator of
the Federal Aviation Administration to jointly establish within the
Department of Defense and the Federal Aviation Administration a joint
Department of Defense-Federal Aviation Administration executive
committee on conflict and dispute resolution which would--
(1) act as a focal point for the resolution of disputes
on matters of policy and procedures between the Department of Defense
and the Federal Aviation Administration with respect to--
(A) airspace, aircraft certifications, and aircrew training; and
(B) other issues brought before the joint executive
committee by the Department of Defense or the Department of
Transportation;
(2) identify solutions to the range of technical,
procedural, and policy concerns arising in the disputes described in
paragraph (1); and
(3) identify solutions to the range of technical,
procedural, and policy concerns arising in the integration of
Department of Defense unmanned aerial systems into the National
Airspace System in order to achieve the increasing, and ultimately
routine, access of such systems into the National Airspace System.
SEC. 1040. SENSE OF CONGRESS ON SALE OF NEW OUTSIZE CARGO, STRATEGIC LIFT AIRCRAFT FOR CIVILIAN USE.
(a) Findings- Congress makes the following findings:
(1) The 2004 Quadrennial Defense Review (as submitted
to Congress in 2005) and the 2005 Mobility Capability Study determined
that the United States Transportation Command requires a force of 292
organic strategic lift aircraft, augmented by procurement of airlift
service from commercial air carriers participating in the Civil Reserve
Air Fleet, to meet the demands of the National Military Strategy.
Congress has authorized and appropriated funds for 301 strategic
airlift aircraft.
(2) The Commander of the United States Transportation
Command has testified to Congress that it is essential to safeguard the
capabilities and capacity of the Civil Reserve Air Fleet to meet
wartime surge demands in connection with major combat operations, and
that procurement by the Air Force of excess organic strategic lift
aircraft would be harmful to the health of the Civil Reserve Air Fleet.
(3) The C-17 Globemaster aircraft is the workhorse of
the Air Mobility Command in the Global War on Terror. Production of the
C-17 Globemaster aircraft is scheduled to cease in 2009, upon
completion of the aircraft remaining to be procured by the Air Force.
(4) The Federal Aviation Administration has informed
the Committee on Armed Services of the Senate that no fewer than six
commercial operators have expressed interest in procuring a commercial
variant of the C-17 Globemaster aircraft. Commercial sale of the C-17
Globemaster aircraft would require that the Department of Defense or
Congress determine that it is in the national interest for the Federal
Aviation Administration to proceed with the issuance of a type
certificate for surplus aircraft of the Armed Forces in accordance with
section 21.27 of title 14, Code of Federal Regulations.
(5) C-17 Globemaster aircraft sold for commercial use
could be made available to the Civil Reserve Air Fleet, thus
strengthening the capabilities and capacity of the Civil Reserve Air
Fleet.
(6) The sale of a commercial variant of the C-17
Globemaster to Civil Reserve Air Fleet partners would strengthen the
United States industrial base.
(b) Sense of Congress- It is the sense of Congress that the Secretary of Defense should--
(1) review the benefits and feasibility of pursuing a
commercial-military cargo initiative for the C-17 Globemaster aircraft
and determine whether such an initiative is in the national interest;
and
(2) if the Secretary determines that such an initiative
is in the national interest, take appropriate actions to coordinate
with the Federal Aviation Administration to achieve the type
certification for such aircraft required by section 21.27 of title 14,
Code of Federal Regulations.
Subtitle E--Reports
SEC. 1051. REPEAL OF REQUIREMENT TO SUBMIT CERTAIN ANNUAL
REPORTS TO CONGRESS REGARDING ALLIED CONTRIBUTIONS TO THE COMMON
DEFENSE.
(a) Repeal of Certain Reports on Allied Contributions to
the Common Defense- Section 1003 of the Department of Defense
Authorization Act, 1985 (Public Law 95-525; 98 Stat. 2576) is amended
by striking subsections (c) and (d).
(b) Repeal of Report on Cost-Sharing- Section 1313 of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2894) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsections (c).
SEC. 1052. REPORT ON DETENTION OPERATIONS IN IRAQ.
(a) Report Required- Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on detention operations
at theater internment facilities in Iraq during the period beginning on
January 1, 2007, and ending on the date of the report.
(b) Elements- The report required by subsection (a) shall include the following:
(1) A detailed description of the policies and
procedures governing detention operations at theater internment
facilities in Iraq during the period covered by the report, and a
description of any changes to such policies and procedures during that
period intended to incorporate counterinsurgency doctrine within such
detention operations.
(2) A detailed description of the policies and programs
instituted to prepare detainees for reintegration following their
release from detention in theater interment facilities in Iraq,
including programs of family visits and outreach, religious counseling,
literacy, basic education, and vocational skills.
(3) A detailed description of the procedures for
reviewing the detention status of individuals under detention in
theater detention facilities in Iraq during the period covered by the
report, including the procedures of the Multinational Forces Review
Committee, and an assessment of the effect, if any, on United States
detention policy and procedures with respect to Iraq of the General
Amnesty Law approved by the Council of Representatives on February 13,
2008, and signed by the Presidency Council on February 26, 2008.
(4) Information for each month of the period covered by the report as follows:
(A) The detainee population at each theater internment facility in Iraq as of the end of such month.
(B) The number of detainees released from detention
in theater internment facilities in Iraq during such month both in
aggregate and in number released from each such theater internment
facility.
(C) The number of detainees in theater internment
facilities in Iraq turned over to the control of the Government of Iraq
for criminal prosecution during such month.
(5) Information on the length of detainments in the
theater internment facilities in Iraq as of each of January 1, 2007,
and January 1, 2008, with a stratification of the number of individuals
who had been so detained at each such date by six-month increments.
(6) A description and assessment of the effects of
changes in detention operations and reintegration programs at theater
internment facilities in Iraq during the period of the report,
including changes in levels of violence within internment facilities
and in rates of recapture of detainees released from detention in
internment facilities.
(7) A statement of the costs of establishing and
operating reintegration centers in Iraq and of the share of such costs
to be paid by the Government of Iraq, and a description of plans for
the transition of such centers to the control of the Government of Iraq.
(A) the lessons learned regarding detention
operations in a counterinsurgency operation, an assessment of how such
lessons could be applied to detention operations elsewhere (including
in Afghanistan and at Guantanamo Bay, Cuba); and
(B) any efforts to integrate such lessons into
Department of Defense directives, joint doctrine, mission rehearsal
exercises for deploying forces, and training for units involved in
detention and interrogation operations.
(c) Form- The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1053. STRATEGIC PLAN TO ENHANCE THE ROLE OF THE NATIONAL GUARD AND RESERVES IN THE NATIONAL DEFENSE.
(a) Strategic Plan Required-
(1) IN GENERAL- The Secretary of Defense shall develop
a strategic plan to enhance the role of the National Guard and Reserves
in the national defense, including--
(A) the transition of the reserve components of the Armed Forces from a strategic force to an operational force;
(B) the achievement of a fully-integrated total force (including further development of the continuum of service); and
(C) the enhancement of the role of the reserve components of the Armed Forces in homeland defense.
(2) CONSULTATION- The Secretary shall develop the
strategic plan required by this subsection in consultation with the
Chairman of the Joint Chiefs of Staff and the Chief of the National
Guard Bureau.
(b) Consideration of Existing Findings, Recommendations,
and Practices- In developing the strategic plan required by subsection
(a), the Secretary shall consider the following:
(1) The findings and recommendations of the final report of the Commission on the National Guard and Reserves.
(2) The findings and recommendations of the Center for
Strategic and International Studies on the future of the National Guard
and Reserves.
(3) The policies expressed in the provisions of the
bill S. 2760 of the 110th Congress, to amend title 10, United States
Code, to enhance the national defense through empowerment of the
National Guard, enhancement of the functions of the National Guard
Bureau, and improvement of Federal-State military coordination in
domestic emergency response, and for other purposes.
(4) Current policies and practices of the Department of
Defense for the utilization of members and units of the reserve
components of the Armed Forces.
(c) Elements- The strategic plan required by subsection (a) shall include the following:
(1) A description of the legislative, organizational,
and administrative actions required to make the reserve components of
the Armed Forces a sustainable operational force.
(2) A description of the legislative, organizational,
and administrative actions required to enhance the Department of
Defense role in homeland defense and support of civil authorities, with
particular emphasis on the role of the reserve components of the Armed
Forces in such role.
(3) A description of the legislative, organizational,
and administrative actions required to create a continuum of service in
the reserve components of the Armed Forces, including a personnel
management system for an integrated total force that will facilitate
the seamless transition of members of National Guard and Reserves on
and off active duty to meet mission requirements and permit different
levels of participation by such members in the Armed Forces over the
course of a military career.
(4) A description of the legislative and administrative
actions required to develop a ready, capable, and available operational
reserve for the Armed Forces.
(5) A description of the legislative and administrative
actions required to reform organizations and institutions to support an
operational reserve for the Armed Forces.
(6) A description of the legislative and administrative
actions required to enhance support to members of the Armed Forces,
including members of the reserve components of the Armed Forces, their
families, and their employers.
(d) Deadline for Submittal- The Secretary shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the plan required by subsection
(a) not later than July 1, 2009.
SEC. 1054. REVIEW OF NONNUCLEAR PROMPT GLOBAL STRIKE CONCEPT DEMONSTRATIONS.
(a) In General- The Secretary of Defense shall, in
consultation with the Secretary of State, conduct a review of each
nonnuclear prompt global strike concept demonstration with respect to
which the President requests funding in the budget of the President for
fiscal year 2010 (as submitted to Congress pursuant to section 1105 of
title 31, United States Code).
(b) Elements- The review required by subsection (a) shall
include, for each concept demonstration described in that subsection,
the following:
(1) The full cost of such concept demonstration.
(2) An assessment of any policy, legal, or
treaty-related issues that could arise during the course of, or as a
result of, such concept demonstration.
(3) The extent to which the concept demonstrated could be misconstrued as a nuclear weapon or delivery system.
(4) An assessment of the potential basing and deployment options for the concept demonstrated.
(5) A description of the types of targets against which the concept demonstrated might be used.
(c) Report- Not later than 30 days after the date on which
the President submits to Congress the budget for fiscal year 2010 (as
so submitted), the Secretary of Defense shall submit to the
congressional defense committees a report setting forth the results of
the review required by subsection (a).
SEC. 1055. REVIEW OF BANDWIDTH CAPACITY REQUIREMENTS OF THE DEPARTMENT OF DEFENSE AND THE INTELLIGENCE COMMUNITY.
(a) In General- The Secretary of Defense and the Director
of National Intelligence shall conduct a joint review of the bandwidth
capacity requirements of the Department of Defense and the intelligence
community in the near term, mid term, and long term.
(b) Elements- The review required by subsection (a) shall include an assessment of the following:
(1) The current bandwidth capacities of the Department
of Defense and the intelligence community to transport data, including
Government and commercial ground networks and satellite systems.
(2) The bandwidth capacities anticipated to be
available to the Department of Defense and the intelligence community
to transport data in the near term, mid term, and long term.
(3) The bandwidth and data requirements of current
major operational systems of the Department of Defense and the
intelligence community, including an assessment of--
(A) whether such requirements are being appropriately met by the bandwidth capacities described in paragraph (1); and
(B) the degree to which any such requirements are not being met by such bandwidth capacities.
(4) The anticipated bandwidth and data requirements of
major operational systems of the Department of Defense and the
intelligence community planned for each of the near term, mid term, and
long term, including an assessment of--
(A) whether such anticipated requirements will be
appropriately met by the bandwidth capacities described in paragraph
(2); and
(B) the degree to which any such requirements are not anticipated to be met by such bandwidth capacities.
(5) Any mitigation concepts that could be used to satisfy any unmet bandwidth and data requirements.
(6) The costs of meeting the bandwidth and data requirements described in paragraphs (3) and (4).
(7) Any actions necessary to integrate or consolidate
the information networks of the Department of Defense and the
intelligence community.
(c) Report- Not later than one year after the date of the
enactment of this Act, the Secretary of Defense and the Director of
National Intelligence shall jointly submit to the congressional defense
committees, the Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House of
Representatives a report setting forth the results of the review
required by subsection (a).
(d) Formal Review Process for Bandwidth Requirements- The
Secretary of Defense and the Director of National Intelligence shall,
as part of the Milestone B or Key Decision Point B approval process for
any major defense acquisition program or major system acquisition
program, establish a formal review process to ensure that--
(1) the bandwidth requirements needed to support such program are or will be met; and
(2) a determination will be made with respect to how to meet the bandwidth requirements for such program.
(e) Definitions- In this section:
(1) INTELLIGENCE COMMUNITY- The term `intelligence
community' means the elements of the intelligence community specified
in or designated under section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
(2) LONG TERM- The term `long term' means the five-year
period beginning on the date that is 10 years after the date of the
enactment of this Act.
(3) MID TERM- The term `mid term' means the five-year
period beginning on the date that is five years after the date of the
enactment of this Act.
(4) NEAR TERM- The term `near term' means the five-year period beginning on the date of the enactment of this Act.
Subtitle F--Wounded Warrior Matters
SEC. 1061. MODIFICATION OF UTILIZATION OF VETERANS'
PRESUMPTION OF SOUND CONDITION IN ESTABLISHING ELIGIBILITY OF MEMBERS
OF THE ARMED FORCES FOR RETIREMENT FOR DISABILITY.
(a) Retirement of Regulars and Members on Active Duty for
More Than 30 Days- Section 1201(b)(3)(B)(i) of title 10, United States
Code, is amended--
(1) by striking `the member has six months or more of active military service and'; and
(2) by striking `(unless compelling evidence' and all
that follows through `active duty)' and inserting `(unless clear and
unmistakable evidence demonstrates that the disability existed before
the member's entrance on active duty and was not aggravated by active
military service)'.
(b) Separation of Regulars and Members on Active Duty for More Than 30 Days- Section 1203(b)(4)(B) of such title is amended--
(1) by striking `the member has six months or more of active military service, and'; and
(2) by striking `(unless compelling evidence' and all
that follows through `active duty)' and inserting `(unless clear and
unmistakable evidence demonstrates that the disability existed before
the member's entrance on active duty and was not aggravated by active
military service)'.
SEC. 1062. INCLUSION OF SERVICE MEMBERS IN INPATIENT STATUS IN WOUNDED WARRIOR POLICIES AND PROTECTIONS.
Section 1602(7) of the Wounded Warrior Act (title XVI of
Public Law 110-181; 122 Stat. 432; 10 U.S.C. 1071 note) is amended by
inserting `inpatient or' before `outpatient status'.
SEC. 1063. CLARIFICATION OF CERTAIN INFORMATION SHARING
BETWEEN THE DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS
FOR WOUNDED WARRIOR PURPOSES.
(a) In General- Section 1614(b)(11) of the Wounded Warrior
Act (title XVI of Public Law 110-181; 122 Stat. 444; 10 U.S.C. 1071
note) is amended by inserting before the period at the end the
following: `or that such transfer is otherwise authorized by the
regulations implementing such Act'.
(b) Effective Date- The amendment made by subsection (a)
shall take effect on January 28, 2008, as if included in the provisions
of the Wounded Warrior Act, to which such amendment relates.
SEC. 1064. ADDITIONAL RESPONSIBILITIES FOR THE WOUNDED WARRIOR RESOURCE CENTER.
Section 1616(a) of the Wounded Warrior Act (title XVI of
Public Law 110-181; 122 Stat. 447; 10 U.S.C. 1071 note) is amended in
the first sentence by inserting `receiving legal assistance referral
information (where appropriate), receiving other appropriate referral
information,' after `receiving benefits information,'.
SEC. 1065. RESPONSIBILITY FOR THE CENTER OF EXCELLENCE IN
THE PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT AND REHABILITATION OF
TRAUMATIC BRAIN INJURY TO CONDUCT PILOT PROGRAMS ON TREATMENT
APPROACHES FOR TRAUMATIC BRAIN INJURY.
Section 1621(c) of the Wounded Warrior Act (title XVI of Public Law 110-181; 122 Stat. 453; 10 U.S.C. 1071 note) is amended--
(1) by redesignating paragraphs (2) through (13) as paragraphs (3) through (14), respectively; and
(2) by inserting after paragraph (1) the following new paragraph (2):
`(2) To conduct pilot programs to promote or assess the
efficacy of approaches to the treatment of all forms of traumatic brain
injury, including mild traumatic brain injury.'.
SEC. 1066. CENTER OF EXCELLENCE IN THE MITIGATION,
TREATMENT, AND REHABILITATION OF TRAUMATIC EXTREMITY INJURIES AND
AMPUTATIONS.
(a) In General- The Secretary of Veterans Affairs and the
Secretary of Defense shall jointly establish a center of excellence in
the mitigation, treatment, and rehabilitation of traumatic extremity
injuries and amputations.
(b) Partnerships- The Secretary of Veterans Affairs and the
Secretary of Defense shall jointly ensure that the center collaborates
with the Department of Veterans Affairs, the Department of Defense,
institutions of higher education, and other appropriate public and
private entities (including international entities) to carry out the
responsibilities specified in subsection (c).
(c) Responsibilities- The center shall have the responsibilities as follows:
(1) To implement a comprehensive plan and strategy for
the Department of Veterans Affairs and the Department of Defense for
the mitigation, treatment, and rehabilitation of traumatic extremity
injuries and amputations.
(2) To carry out such other activities to improve and
enhance the efforts of the Department of Veterans Affairs and the
Department of Defense for the mitigation, treatment, and rehabilitation
of traumatic extremity injuries and amputations as the Secretary of
Veterans Affairs and the Secretary of Defense consider appropriate.
(1) IN GENERAL- Not later than one year after the date
of the enactment of this Act, and annually thereafter, the Secretary of
Veterans Affairs and the Secretary of Defense shall jointly submit to
Congress a report on the activities of the center.
(2) ELEMENTS- Each report under this subsection shall include the following:
(A) In the case of the first report under this
subsection, a description of the implementation of the requirements of
this Act.
(B) A description and assessment of the activities
of the center during the one-year period ending on the date of such
report, including an assessment of the role of such activities in
improving and enhancing the efforts of the Department of Veterans
Affairs and the Department of Defense for the mitigation, treatment,
and rehabilitation of traumatic extremity injuries and amputations.
SEC. 1067. THREE-YEAR EXTENSION OF SENIOR OVERSIGHT COMMITTEE WITH RESPECT TO WOUNDED WARRIOR MATTERS.
(a) In General- The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly take such actions as are appropriate,
including the allocation of appropriate personnel, funding, and other
resources, to continue the operations of the Senior Oversight Committee
until September 30, 2011.
(b) Report on Further Extension of Committee- Not later
than December 31, 2010, the Secretary of Defense and the Secretary of
Veterans Affairs shall jointly submit to Congress a report setting
forth the joint recommendation of the Secretaries as to the
advisability of continuing the operations of the Senior Oversight
Committee after September 30, 2011. If the Secretaries recommend that
continuing the operations of the Senior Oversight Committee after
September 30, 2011, is advisable, the report may include such
recommendations for the modification of the responsibilities,
composition, or support of the Senior Oversight Committee as the
Secretaries jointly consider appropriate.
(c) Senior Oversight Committee Defined- In this section,
the term `Senior Oversight Committee' means the Senior Oversight
Committee jointly established by the Secretary of Defense and the
Secretary of Veterans Affairs in May 2007. The Senior Oversight
Committee was established to address concerns related to the treatment
of wounded, ill, and injured members of the Armed Forces and veterans
and serve as the single point of contact for oversight, strategy, and
integration of proposed strategies for the efforts of the Department of
Defense and the Department of Veterans Affairs to improve support
throughout the recovery, rehabilitation, and reintegration of wounded,
ill, or injured members of the Armed Forces.
Subtitle G--Other Matters
SEC. 1081. MILITARY SALUTE FOR THE FLAG DURING THE NATIONAL
ANTHEM BY MEMBERS OF THE ARMED FORCES NOT IN UNIFORM AND BY VETERANS.
Section 301(b)(1) of title 36, United States Code, is
amended by striking subparagraphs (A) through (C) and inserting the
following new subparagraphs:
`(A) individuals in uniform should give the
military salute at the first note of the anthem and maintain that
position until the last note;
`(B) members of the Armed Forces and veterans who
are present but not in uniform may render the military salute in the
manner provided for individuals in uniform; and
`(C) all other persons present should face the flag
and stand at attention with their right hand over the heart, and men
not in uniform, if applicable, should remove their headdress with their
right hand and hold it at the left shoulder, the hand being over the
heart; and'.
SEC. 1082. MODIFICATION OF DEADLINES FOR STANDARDS REQUIRED FOR ENTRY TO MILITARY INSTALLATIONS IN THE UNITED STATES.
Section 1069(c) of the National Defense Authorization Act of Fiscal Year 2008 (Public Law 110-181; 122 Stat. 327) is amended--
(A) by striking `July 1, 2008' and inserting `February 1, 2009'; and
(B) by striking `January 1, 2009' and inserting `October 1, 2012'; and
(2) in paragraph (2), by striking `implemented' and inserting `developed'.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. DEPARTMENT OF DEFENSE STRATEGIC HUMAN CAPITAL PLANS.
(a) Codification of Annual Requirement for Plan-
(1) IN GENERAL- Chapter 2 of title 10, United States Code, is amended by adding after section 115a the following new section:
`Sec. 115b. Department of Defense strategic human capital plans
`(a) Annual Plan Required- The Secretary of Defense shall
submit to Congress on an annual basis a strategic human capital plan to
shape and improve the civilian employee workforce of the Department of
Defense. The plan shall be submitted not later than March 1 each year.
`(b) Contents- Each strategic human capital plan under subsection (a) shall include the following:
`(A) the critical skills and competencies that will
be needed in the future civilian employee workforce of the Department
of Defense to support national security requirements and effectively
manage the Department over the next decade;
`(B) the skills and competencies of the existing
civilian employee workforce of the Department and projected trends in
that workforce based on expected losses due to retirement and other
attrition; and
`(C) gaps in the existing or projected civilian
employee workforce of the Department that should be addressed to ensure
that the Department has continued access to the critical skills and
competencies described in subparagraph (A).
`(2) A plan of action for developing and reshaping the
civilian employee workforce of the Department to address the gaps in
critical skills and competencies identified under paragraph (1)(C),
including--
`(A) specific recruiting and retention goals,
including the program objectives of the Department to be achieved
through such goals and the funding needed to achieve such goals; and
`(B) specific strategies for developing, training,
deploying, compensating, and motivating the civilian employee workforce
of the Department, including the program objectives of the Department
to be achieved through such strategies and the funding needed to
implement such strategies.
`(3) An assessment, using results-oriented performance
measures, of the progress of the Department in implementing the
strategic human capital plan under this section during the previous
year.
`(c) Senior Management, Functional, and Technical
Workforce- (1) Each strategic human capital plan under subsection (a)
shall specifically address the shaping and improvement of the senior
management, functional, and technical workforce (including scientists
and engineers) of the Department of Defense.
`(2) For purposes of paragraph (1), each plan shall include, at a minimum, the following:
`(i) the needs of the Department for senior
management, functional, and technical personnel (including scientists
and engineers) in light of recent trends and projected changes in the
mission and organization of the Department and in light of staff
support needed to accomplish that mission;
`(ii) the capability of the existing civilian
employee workforce of the Department to meet requirements relating to
the mission of the Department, including the impact on that capability
of projected trends in the senior management, functional, and technical
personnel workforce of the Department based on expected losses due to
retirement and other attrition; and
`(iii) gaps in the existing or projected civilian
employee workforce of the Department that should be addressed to ensure
that the Department has continued access to the senior management,
functional, and technical personnel (including scientists and
engineers) it needs.
`(B) A plan of action for developing and reshaping the
senior management, functional, and technical workforce of the
Department to address the gaps identified under subparagraph (A)(iii),
including--
`(i) any legislative or administrative action that
may be needed to adjust the requirements applicable to any category of
civilian personnel identified in paragraph (3) or to establish a new
category of senior management or technical personnel;
`(ii) any changes in the number of personnel
authorized in any category of personnel identified in subsection (b)
that may be needed to address such gaps and effectively meet the needs
of the Department;
`(iii) any changes in the rates or methods of pay
for any category of personnel identified in paragraph (3) that may be
needed to address inequities and ensure that the Department has full
access to appropriately qualified personnel to address such gaps and
meet the needs of the Department;
`(iv) specific recruiting and retention goals,
including the program objectives of the Department to be achieved
through such goals;
`(v) specific strategies for developing, training,
deploying, compensating, motivating, and designing career paths and
career opportunities for the senior management, functional, and
technical workforce of the Department, including the program objectives
of the Department to be achieved through such strategies; and
`(vi) specific steps that the Department has taken
or plans to take to ensure that the senior management, functional, and
technical workforce of the Department is managed in compliance with the
requirements of section 129 of this title.
`(3) For purposes of this subsection, the senior
management, functional, and technical workforce of the Department of
Defense includes the following categories of Department of Defense
civilian personnel:
`(A) Appointees in the Senior Executive Service under section 3131 of title 5.
`(B) Persons serving in positions described in section 5376(a) of title 5.
`(C) Highly qualified experts appointed pursuant to section 9903 of title 5.
`(D) Scientists and engineers appointed pursuant to
section 342(b) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2721), as amended by section
1114 of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398 (114 Stat.
1654A-315)).
`(E) Scientists and engineers appointed pursuant to
section 1101 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (5 U.S.C. 3104 note).
`(F) Persons serving in the Defense Intelligence Senior Executive Service under section 1606 of this title.
`(G) Persons serving in Intelligence Senior Level positions under section 1607 of this title.
`(d) Defense Acquisition Workforce- (1) Each strategic
human capital plan under subsection (a) shall specifically address the
shaping and improvement of the defense acquisition workforce, including
both military and civilian personnel.
`(2) For purposes of paragraph (1), each plan shall include, at a minimum, the following:
`(i) the skills and competencies needed in the
military and civilian workforce of the Department of Defense to
effectively manage the acquisition programs and activities of the
Department over the next decade;
`(ii) the skills and competencies of the existing
military and civilian acquisition workforce of the Department and
projected trends in that workforce based on expected losses due to
retirement and other attrition; and
`(iii) gaps in the existing or projected military
and civilian acquisition workforce that should be addressed to ensure
that the Department has access to the skills and competencies
identified pursuant to clauses (i) and (ii).
`(B) A plan of action that establishes specific
objectives for developing and reshaping the military and civilian
acquisition workforce of the Department to address the gaps in skills
and competencies identified under subparagraph (A), including--
`(i) specific recruiting and retention goals; and
`(ii) specific strategies and incentives for
developing, training, deploying, compensating, and motivating the
military and civilian acquisition workforce of the Department to
achieve such goals.
`(C) A plan for funding needed improvements in the military and civilian acquisition workforce of the Department, including--
`(i) an identification of the funding programmed
for defense acquisition workforce improvements, including a specific
identification of funding provided in the Department of Defense
Acquisition Workforce Fund established under section 1705 of this title;
`(ii) an identification of the funding programmed
for defense acquisition workforce training in the future-years defense
program, including a specific identification of funding provided by the
acquisition workforce training fund established under section 37(h)(3)
of the Office of Federal Procurement Policy Act (41 U.S.C. 433(h)(3));
`(iii) a description of how the funding identified
pursuant to clauses (i) and (ii) will be implemented during the fiscal
year concerned to address the areas of need identified in accordance
with subparagraph (A);
`(iv) a statement of whether the funding identified under clauses (i) and (ii) is being fully used; and
`(v) a description of any continuing shortfall in funding available for the defense acquisition workforce.
`(e) Submittals by Secretaries of the Military Departments
and Heads of the Defense Agencies- The Secretary of Defense shall
require the Secretary of each military department and the head of each
Defense Agency to submit a report to the Secretary addressing each of
the matters described in this section. The Secretary of Defense shall
establish a deadline for the submittal of reports under this subsection
that enables the Secretary to consider the material submitted in a
timely manner and incorporate such material, as appropriate, into the
strategic human capital plans required by this section.
`(f) Gaps in the Workforce- (1) The Secretary of Defense
may not conduct a public-private competition under chapter 126 of this
title, Office of Management and Budget Circular A-76, or any other
provision of law or regulation before expanding the civilian workforce
of the Department of Defense to address a gap in the workforce
identified under this section.
`(2) For purposes of this section, gaps in the workforce include--
`(A) shortcomings in the skills and competencies of employees; and
`(B) shortcomings in the number of employees possessing such skills and competencies.'.
(2) CLERICAL AMENDMENT- The table of sections at the
beginning of chapter 2 of such title is amended by inserting after the
item relating to section 115a the following new item:
`115b. Department of Defense strategic human capital plans.'.
(b) Comptroller General Review- Not later than 90 days
after date on which the Secretary of Defense submits to Congress an
annual strategic human capital plan under section 115b of title 10,
United States Code (as added by subsection (a)), in each of 2009, 2010,
2011 and 2012, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the plan so submitted.
(c) Conforming Repeals- The following provisions are repealed:
(1) Section 1122 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3452; 10 U.S.C.
note prec. 1580).
(2) Section 1102 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 119-364; 120 Stat.
2407).
(3) Section 851 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 247; 10 U.S.C.
note prec. 1580).
SEC. 1102. CONDITIONAL INCREASE IN AUTHORIZED NUMBER OF DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE PERSONNEL.
(a) In General- Section 1606(a) of title 10, United States Code, is amended--
(1) by inserting `(1)' before `The Secretary of Defense'; and
(2) by striking the second sentence and inserting the following:
`(2)(A) The number of positions in the Defense Intelligence
Senior Executive Service in any fiscal year after fiscal year after
fiscal year 2008 may not exceed the lesser of the following:
`(i) The number of such positions authorized on
September 30, 2007, as adjusted by the percentage specified in
subparagraph (B) for such fiscal year.
`(B) The percentage specified in this subparagraph for a
fiscal year is the percentage by which the authorized number of
Department of Defense positions in the Senior Executive Service has
been increased as of the end of the preceding fiscal year over the
number of such positions authorized on September 30, 2007.
`(3) Priority shall be given in the allocation of any
increase in the number of authorized positions in the Defense
Intelligence Senior Executive Service after fiscal year 2008 to
components of the intelligence community within the Department of
Defense in which the ratio of senior executives to employees other than
senior executives is the lowest.'.
(b) Effective Date- The amendments made by this section shall take effect on October 1, 2008.
SEC. 1103. ENHANCEMENT OF AUTHORITIES RELATING TO ADDITIONAL POSITIONS UNDER THE NATIONAL SECURITY PERSONNEL SYSTEM.
Section 9902(i) of title 5, United States Code, is amended--
(1) in paragraph (1), by inserting `(except that the
limitations of chapter 33 may be waived to the extent necessary to
achieve the purposes of this subsection)' after `the limitations in
subsection (b)(3)'; and
(2) in paragraph (2), by inserting before the period at
the end the following: `in a manner comparable to the manner in which
such provisions are applied under chapter 33'.
SEC. 1104. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF DEFENSE.
(a) In General- For purposes of sections 3304, 5333, and 5753 of title 5, United States Code, the Secretary of Defense may--
(1) designate any category of health care position
within the Department of Defense as a shortage category position if the
Secretary determines that there exists a severe shortage of candidates
for such position or there is a critical hiring need for such position;
and
(2) utilize the authorities in such sections to recruit
and appoint highly qualified persons directly to positions so
designated.
(b) Termination of Authority- The Secretary may not appoint
a person to a position of employment under this section after September
30, 2012.
SEC. 1105. ELECTION OF INSURANCE COVERAGE BY FEDERAL CIVILIAN EMPLOYEES DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.
(a) Automatic Coverage- Section 8702(c) of title 5, United States Code, is amended--
(1) by inserting `an employee who is deployed in
support of a contingency operation (as that term is defined in section
101(a)(13) of title 10) or' after `subsection (b)'; and
(2) by inserting `notification of deployment or' after `the date of the'.
(b) Optional Insurance- Section 8714a(b) of such title is amended--
(1) by designating the text as paragraph (2); and
(2) by inserting before paragraph (2), as so designated the following new paragraph (1):
`(1) An employee who is deployed in support of a
contingency operation (as that term is defined in section 101(a)(13) of
title 10) or an employee of the Department of Defense who is designated
as emergency essential under section 1580 of title 10 shall be insured
under the policy of insurance under this section if the employee,
within 60 days after the date of notification of deployment or
designation, elects to be insured under the policy of insurance. An
election under this paragraph shall be effective when provided to the
Office in writing, in the form prescribed by the Office, within such
60-day period.'.
(c) Additional Optional Life Insurance- Section 8714b(b) of such title is amended--
(1) by designating the text as paragraph (2); and
(2) by inserting before paragraph (2), as so designated the following new paragraph (1):
`(2) An employee who is deployed in support of a
contingency operation (as that term is defined in section 101(a)(13) of
title 10) or an employee of the Department of Defense who is designated
as emergency essential under section 1580 of title 10 shall be insured
under the policy of insurance under this section if the employee,
within 60 days after the date of notification of deployment or
designation, elects to be insured under the policy of insurance. An
election under this paragraph shall be effective when provided to the
Office in writing, in the form prescribed by the Office, within such
60-day period.'.
SEC. 1106. PERMANENT EXTENSION OF DEPARTMENT OF DEFENSE VOLUNTARY REDUCTION IN FORCE AUTHORITY.
Section 3502(f) of title 5, United States Code, is amended by striking paragraph (5).
SEC. 1107. FOUR-YEAR EXTENSION OF AUTHORITY TO MAKE LUMP SUM SEVERANCE PAYMENTS WITH RESPECT TO DEPARTMENT OF DEFENSE EMPLOYEES.
Section 5595(i)(4) of title 5, United States Code, is amended by striking `October 1, 2010' and inserting `October 1, 2014'.
SEC. 1108. AUTHORITY TO WAIVE LIMITATIONS ON PAY FOR FEDERAL
CIVILIAN EMPLOYEES WORKING OVERSEAS UNDER AREAS OF UNITED STATES
CENTRAL COMMAND.
(1) IN GENERAL- Notwithstanding sections 5307 and 5547
of title 5, United States Code, the head of an Executive agency (as
that term is defined in section 105 of title 5, United States Code)
may, during calendar year 2009, waive limitations on the aggregate on
basic pay and premium pay payable in such calendar year, and on
allowances, differentials, bonuses, awards, and similar cash payments
payable in such calendar year, to an employee who performs work while
in an overseas location that is in the area of responsibility of the
Commander of the United States Central Command in direct support of, or
directly related to--
(A) a military operation, including a contingency operation; or
(B) an operation in response to a declared emergency.
(2) LIMITATION- The total annual compensation payable
to an employee pursuant to a waiver under this subsection may not
exceed the total annual compensation payable to the Vice President
under section 104 of title 3, United States Code.
(b) Rollover of Earned Pay to Subsequent Year- Any amount
that would otherwise be paid an employee in calendar year 2009 under a
waiver under subsection (a)(1) except for the limitation in subsection
(a)(2) shall be paid to the employee in a lump sum at the beginning of
calendar year 2010. Any amount paid an employee under this subsection
in calendar year 2010 shall be taken into account as if the limitation
in subsection (a)(2) was applicable to the employee in calendar year
2010.
(c) Additional Pay Not Considered Basic Pay- To the extent
that a waiver under subsection (a) results in payment of additional
premium pay of a type that is normally creditable as basic pay for
retirement or any other purpose, such additional pay shall not be
considered to be basic pay for any purpose, nor shall such additional
pay be used in computing a lump-sum payment for accumulated and accrued
annual leave under section 5551 of title 5, United States Code.
(d) Regulations- The Director of the Office of Personnel
Management may prescribe regulations to ensure appropriate consistency
among heads of Executive agencies in the exercise of the authority
granted by this section.
SEC. 1109. TECHNICAL AMENDMENT RELATING TO DEFINITION OF
PROFESSIONAL ACCOUNTING POSITION FOR PURPOSES OF CERTIFICATION AND
CREDENTIALING STANDARDS.
Section 1599d(e) of title 10, United States Code, is
amended by striking `GS-510, GS-511, and GS-505' and inserting `0505,
0510, 0511, or equivalent'.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. INCREASE IN AMOUNT AVAILABLE FOR COSTS OF
EDUCATION AND TRAINING OF FOREIGN MILITARY FORCES UNDER REGIONAL
DEFENSE COMBATING TERRORISM FELLOWSHIP PROGRAM.
(a) Increase in Amount- Section 2249c(b) of title 10,
United States Code, is amended by striking `$25,000,000' and inserting
`$35,000,000'.
(b) Effective Date- The amendment made by subsection (a)
shall take effect on October 1, 2008, and shall apply with respect to
fiscal years beginning on or after that date.
SEC. 1202. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN
PERSONNEL OF EDUCATION AND TRAINING MATERIALS AND INFORMATION
TECHNOLOGY TO ENHANCE MILITARY INTEROPERABILITY WITH THE ARMED FORCES.
(a) Authority for Distribution-
(1) IN GENERAL- Subchapter I of chapter 134 of title
10, United States Code, is amended by adding at the end the following
new section:
`Sec. 2249d. Distribution to certain foreign personnel of
education and training materials and information technology to enhance
military interoperability with the armed forces
`(a) Distribution Authorized- To enhance interoperability
between the armed forces and military forces of friendly foreign
nations, the Secretary of Defense, with the concurrence of the
Secretary of State, may--
`(1) provide to personnel referred to in subsection (b)
electronically-distributed learning content for the education and
training of such personnel for the development or enhancement of allied
and friendly military and civilian capabilities for multinational
operations, including joint exercises and coalition operations; and
`(2) provide information technology, including computer
software developed for such purpose, but only to the extent necessary
to support the use of such learning content for the education and
training of such personnel.
`(b) Authorized Recipients- The personnel to whom learning
content and information technology may be provided under subsection (a)
are military and civilian personnel of a friendly foreign government,
with the permission of that government.
`(c) Education and Training- Any education and training provided under subsection (a) shall include the following:
`(1) Internet-based education and training.
`(2) Advanced distributed learning and similar Internet
learning tools, as well as distributed training and computer-assisted
exercises.
`(d) Applicability of Export Control Regimes- The provision
of learning content and information technology under this section shall
be subject to the provisions of the Arms Export Control Act (22 U.S.C.
2751 et seq.) and any other export control regime under law relating to
the transfer of military technology to foreign nations.
`(e) Guidance on Utilization of Authority-
`(1) GUIDANCE REQUIRED- The Secretary of Defense shall
develop and issue guidance on the procedures for the use of the
authority in this section.
`(2) MODIFICATION- If the Secretary modifies the
guidance issued under paragraph (1), the Secretary shall submit to the
appropriate committees of Congress a report setting forth the modified
guidance not later than 30 days after the date of such modification.
`(1) REPORT REQUIRED- Not later than October 31
following each fiscal year in which the authority in this section is
used, the Secretary of Defense shall submit to the appropriate
committees of Congress a report on the exercise of the authority during
such fiscal year.
`(2) ELEMENTS- Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following:
`(A) A statement of the recipients of learning content and information technology provided under this section.
`(B) A description of the type, quantity, and value
of the learning content and information technology provided under this
section.
`(g) Appropriate Committees of Congress Defined- In this section, the term `appropriate committees of Congress' means--
`(1) the Committee on Armed Services of the Senate; and
`(2) the Committee on Armed Services of the House of Representatives.'.
(2) CLERICAL AMENDMENT- The table of sections at the
beginning of subchapter I of chapter 134 of such title is amended by
adding at the end the following new item:
`2249d. Distribution to certain foreign personnel of
education and training materials and information technology to enhance
military interoperability with the armed forces.'.
(b) Guidance on Utilization of Authority-
(1) SUBMITTAL TO CONGRESS- Not later than 30 days after
issuing the guidance required by section 2249d(e) of title 10, United
States Code, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
setting forth such guidance.
(2) UTILIZATION OF SIMILAR GUIDANCE- In developing the
guidance required by section 2249d(e) of title 10, United States Code,
as so added, the Secretary may utilize applicable portions of the
current guidance developed by the Secretary under subsection (f) of
section 1207 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2419) for purposes of
the exercise of the authority in such section 1207.
(c) Repeal of Superseded Authority-
(1) IN GENERAL- Section 1207 of the John Warner National Defense Authorization Act for Fiscal Year 2007 is repealed.
(2) SUBMITTAL OF FINAL REPORT ON EXERCISE OF AUTHORITY-
If the Secretary of Defense exercised the authority in section 1207 of
the John Warner National Defense Authorization Act for Fiscal Year 2007
during fiscal year 2008, the Secretary shall submit the report required
by subsection (g) of such section for such fiscal year in accordance
with the provisions of such subsection (g) without regard to the repeal
of such section under paragraph (1).
(d) Effective Date- This section and the amendments made by this section shall take effect on October 1, 2008.
SEC. 1203. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.
(a) In General- Subsection (a) of section 1208 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat. 2086) is amended--
(1) by inserting `, with the concurrence of the relevant Chief of Mission,' after `may'; and
(2) by striking `$25,000,000' and inserting `$35,000,000'.
(b) Timing of Notice on Provision of Support- Subsection
(c) of such section is amended by striking `in not less than 48 hours'
and inserting `within 48 hours'.
(c) Extension- Subsection (h) of such section, as amended
by section 1202(c) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 364), is further amended by
striking `2010' and inserting `2011'.
(d) Technical Amendment- The heading of such section is
amended by striking `military operations' and inserting `special
operations'.
(e) Effective Date- The amendments made by this section shall take effect on October 1, 2008.
SEC. 1204. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.
(a) Building of Capacity of Additional Foreign Forces-
Subsection (a) of section 1206 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as
amended by section 1206 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2418), is further amended by striking `a program' and all that follows
and inserting `a program or programs as follows:
`(1) To build the capacity of a foreign country's national military forces in order for that country to--
`(A) conduct counterterrorism operations; or
`(B) participate in or support military and stability operations in which the United States Armed Forces are participating.
`(2) To build the capacity of a foreign country's coast
guard, border protection, and other security forces engaged primarily
in counterterrorism missions in order for that country to conduct
counterterrorism operations.'.
(b) Discharge Through Grants- Subsection (b)(1) of such
section, as so amended, is further amended by inserting `may be carried
out by grant and' before `may include the provision'.
(c) Funding- Subsection (c) of such section, as so amended, is further amended--
(1) in paragraph (1), by striking `$300,000,000' and inserting `$400,000,000'; and
(2) by adding at the end the following new paragraph:
`(4) AVAILABILITY OF FUNDS FOR ACTIVITIES ACROSS FISCAL
YEARS- Amounts available under this subsection for the authority in
subsection (a) for a fiscal year may be used for programs under that
authority that begin in such fiscal year but end in the next fiscal
year.'.
(d) Three-Year Extension of Authority- Subsection (g) of such section, as so amended, is further amended--
(1) by striking `September 30, 2008' and inserting `September 30, 2011'; and
(2) by striking `fiscal year 2006, 2007, or 2008' and inserting `fiscal years 2006 through 2011'.
SEC. 1205. EXTENSION OF AUTHORITY AND INCREASED FUNDING FOR SECURITY AND STABILIZATION ASSISTANCE.
(a) Increase in Maximum Amount of Assistance- Subsection
(b) of section 1207 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458) is amended by
striking `$100,000,000' and inserting `$200,000,000'.
(b) Three-Year Extension of Authority- Subsection (g) of
such section, as amended by section 1210(b) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
369), is further amended by striking `September 30, 2008' and inserting
`September 30, 2011'.
(c) Effective Date- The amendments made by this section shall take effect on October 1, 2008.
SEC. 1206. FOUR-YEAR EXTENSION OF TEMPORARY AUTHORITY TO USE
ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND MILITARY EQUIPMENT
FOR PERSONNEL PROTECTION AND SURVIVABILITY.
Section 1202(e) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2412), as amended by section 1252(b) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
402), is further amended by striking `September 30, 2009' and inserting
`September 30, 2013'.
SEC. 1207. AUTHORITY FOR USE OF FUNDS FOR NON-CONVENTIONAL ASSISTED RECOVERY CAPABILITIES.
(a) Authority for Use of Funds-
(1) IN GENERAL- The Commander of a combatant command
may, with the concurrence of the relevant Chief of Mission, expend
amounts authorized to be appropriated for a fiscal year by section
301(2) for Operation and Maintenance, Navy to establish, develop, and
maintain non-conventional assisted recovery capabilities in a foreign
country if the Commander determines that expenditure of such funds for
that purpose is necessary in connection with support of
non-conventional assisted recovery efforts in that foreign country.
(2) LIMITATION ON AMOUNT- The total amount of funds
that may be expended under the authority in subsection (a) in each of
fiscal years 2009 and 2010 may not exceed $20,000,000.
(b) Scope of Efforts Supportable-
(1) IN GENERAL- In expending funds under the authority
in subsection (a), the Commander of a combatant command may provide
support to surrogate or irregular groups or individuals in order to
facilitate the recovery of military or civilian personnel of the
Department of Defense (including the Coast Guard), and other
individuals who, while conducting activities in support of United
States military operations, become separated or isolated from friendly
forces.
(2) SUPPORT- The support provided under paragraph (1)
may include, but is not limited to, the provision of equipment,
supplies, training, transportation, and other logistical support or
funding to support operations and activities for the recovery of
personnel and individuals as described in that paragraph.
(1) PROCEDURES REQUIRED- The Secretary of Defense shall
establish procedures for the exercise of the authority in subsection
(a).
(2) NOTICE- The Secretary shall notify the
congressional defense committees of the procedures established under
paragraph (1) before any exercise of the authority in subsection (a).
(d) Notice to Congress on Use of Authority- Upon using the
authority in subsection (a) to make funds available for support of
non-conventional assisted recovery activities, the Secretary of Defense
shall notify the congressional defense committees expeditiously, and in
any event within 48 hours, of the use of such authority with respect to
support of such activities. Such notice need be provided only once with
respect to support of particular activities. Any such notice shall be
in writing.
(e) Intelligence Activities- This section does not
constitute authority to conduct a covert action, as such term is
defined in section 503(e) of the National Security Act of 1947 (50
U.S.C. 413b(e)).
(f) Annual Report- Not later than 30 days after the close
of each fiscal year during which subsection (a) is in effect, the
Secretary of Defense shall submit to the congressional defense
committees a report on the support provided under that subsection
during such fiscal year. Each such report shall describe the support
provided, including a statement of the recipient of the support and the
amount obligated to provide the support.
(g) Expiration- The authority in subsection (a) shall expire on September 30, 2010.
Subtitle B--Department of Defense Participation in Bilateral, Multilateral, and Regional Cooperation Programs
SEC. 1211. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS FOR MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.
(a) In General- Section 168(e) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(5) Funds available to carry out this section shall be
available, to the extent provided in appropriations Acts, for programs
or activities under this section that begin in a fiscal year and end in
the following fiscal year.'.
(b) Effective Date- The amendment made by subsection (a)
shall take effect on October 1, 2008, and shall apply with respect to
programs and activities under section 168 of title 10, United States
Code (as so amended), that begin on or after that date.
SEC. 1212. ENHANCEMENT OF AUTHORITIES RELATING TO DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR SECURITY STUDIES.
(a) Availability of Funds for Activities Across Fiscal Years-
(1) IN GENERAL- Section 184(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(6) Funds available to carry out this section, including
funds accepted under paragraph (4) and funds available under paragraph
(5), shall be available, to the extent provided in appropriations Acts,
for programs and activities under this section that begin in a fiscal
year and end in the following fiscal year.'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1)
shall take effect on October 1, 2008, and shall apply with respect to
programs and activities under section 184 of title 10, United States
Code (as so amended), that begin on or after that date.
(b) Temporary Waiver of Reimbursement of Costs of Activities for Nongovernmental Personnel-
(1) AUTHORITY FOR TEMPORARY WAIVER- In fiscal years
2009 and 2010, the Secretary of Defense may, with the concurrence of
the Secretary of State, waive reimbursement otherwise required under
subsection (f) of section 184 of title 10, United States Code, of the
costs of activities of Regional Centers under such section for
personnel of nongovernmental and international organizations who
participate in activities of the Regional Centers that enhance
cooperation of nongovernmental organizations and international
organizations with United States forces if the Secretary of Defense
determines that attendance of such personnel without reimbursement is
in the national security interests of the United States.
(2) LIMITATION- The amount of reimbursement that may be
waived under paragraph (1) in any fiscal year may not exceed $1,000,000.
(3) ANNUAL REPORT- The Secretary of Defense shall
include in the annual report under section 184(h) of title 10, United
States Code, in 2010 and 2011 information on the attendance of
personnel of nongovernmental and international organizations in
activities of the Regional Centers during the preceding fiscal year for
which a waiver of reimbursement was made under paragraph (1), including
information on the costs incurred by the United States for the
participation of personnel of each nongovernmental or international
organization that so attended.
SEC. 1213. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL COOPERATION PROGRAMS.
(a) Expansion of Authority for Bilateral and Regional
Programs To Cover Multilateral Programs- Section 1051 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking `a bilateral' and inserting `a multilateral, bilateral,'; and
(i) by striking `to and' and inserting `to, from, and'; and
(ii) by striking `bilateral' and inserting `multilateral, bilateral,'; and
(B) in paragraph (2), by striking `bilateral' and inserting `multilateral, bilateral,'.
(b) Availability of Funds for Programs and Activities
Across Fiscal Years- Such section is further amended by adding at the
end the following new subsection:
`(e) Funds available to carry out this section shall be
available, to the extent provided in appropriations Acts, for programs
and activities under this section that begin in a fiscal year and end
in the following fiscal year.'.
(c) Conforming and Clerical Amendments-
(1) HEADING AMENDMENT- The heading of such section is amended to read as follows:
`Sec. 1051. Multilateral, bilateral, or regional cooperation programs: payment of personnel expenses'.
(2) CLERICAL AMENDMENT- The table of sections at the
beginning of chapter 53 of such title is amended by striking the item
relating to section 1051 and inserting the following new item:
`1051. Multilateral, bilateral, or regional cooperation programs: payment of personnel expenses.'.
SEC. 1214. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN MULTINATIONAL MILITARY CENTERS OF EXCELLENCE.
(a) Participation Authorized-
(1) IN GENERAL- Subchapter II of chapter 138 of title
10, United States Code, is amended by adding at the end the following
new section:
`Sec. 2350m. Participation in multinational military centers of excellence
`(a) Participation Authorized- The Secretary of Defense
may, with the concurrence of the Secretary of State, authorize the
participation of members of the armed forces and Department of Defense
civilian personnel in any multinational military center of excellence
hosted by any nation or combination of nations referred to in
subsection (b) for purposes of--
`(1) enhancing the ability of military forces and
civilian personnel of the nations participating in such center to
engage in joint exercises or coalition or international military
operations; or
`(2) improving interoperability between the armed forces and the military forces of friendly foreign nations.
`(b) Covered Nations- The nations referred to in this subsection are the following:
`(2) Any member nation of the North Atlantic Treaty Organization (NATO).
`(3) Any major non-NATO ally.
`(4) Any other friendly foreign nation identified by
the Secretary of Defense, with the concurrence of the Secretary of
State, for purposes of this section.
`(c) Memorandum of Understanding- (1) The participation of
members of the armed forces or Department of Defense civilian personnel
in a multinational military center of excellence under subsection (a)
shall be in accordance with the terms of one or more memoranda of
understanding entered into by the Secretary of Defense, with the
concurrence of the Secretary of State, and the foreign nation or
nations concerned.
`(2) If Department of Defense facilities, equipment, or
funds are used to support a multinational military center of excellence
under subsection (a), the memoranda of understanding under paragraph
(1) with respect to that center shall provide details of any
cost-sharing arrangement or other funding arrangement.
`(d) Availability of Appropriated Funds- (1) Funds
appropriated to the Department of Defense for operation and maintenance
are available as follows:
`(A) To pay the United States share of the operating
expenses of any multinational military center of excellence in which
the United States participates under this section.
`(B) To pay the costs of the participation of members
of the armed forces and Department of Defense civilian personnel in
multinational military centers of excellence under this section,
including the costs of expenses of such participants.
`(2) No funds may be used under this section to fund the
pay or salaries of members of the armed forces and Department of
Defense civilian personnel who participate in multinational military
centers of excellence under this section.
`(e) Use of Department of Defense Facilities and Equipment-
Facilities and equipment of the Department of Defense may be used for
purposes of the support of multinational military centers of excellence
under this section that are hosted by the Department.
`(f) Annual Reports on Use of Authority- (1) Not later than
October 31, 2009, and annually thereafter, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the use of the authority in this section during the preceding fiscal
year.
`(2) Each report required by paragraph (1) shall include, for the fiscal year covered by such report, the following:
`(A) A detailed description of the participation of the
Department of Defense, and of members of the armed forces and civilian
personnel of the Department, in multinational military centers of
excellence under the authority of this section.
`(B) For each multinational military center of
excellence in which the Department of Defense, or members of the armed
forces or civilian personnel of the Department, so participated--
`(i) a description of such multinational military center of excellence;
`(ii) a description of the activities participated
in by the Department, or by members of the armed forces or civilian
personnel of the Department; and
`(iii) a statement of the costs of the Department for such participation, including--
`(I) a statement of the United States share of
the expenses of such center and a statement of the percentage of the
United States share of the expenses of such center to the total
expenses of such center; and
`(II) a statement of the amount of such costs
(including a separate statement of the amount of costs paid for under
the authority of this section by category of costs).
`(g) Definitions- In this section:
`(1) The term `multinational military center of
excellence' means an entity sponsored by one or more nations that is
accredited and approved by the Military Committee of the North Atlantic
Treaty Organization (NATO) as offering recognized expertise and
experience to personnel participating in the activities of such entity
for the benefit of NATO by providing such personnel opportunities to--
`(A) enhance education and training;
`(B) improve interoperability and capabilities;
`(C) assist in the development of doctrine; and
`(D) validate concepts through experimentation.
`(2) The term `major non-NATO ally' means a country
(other than a member nation of the North Atlantic Treaty Organization)
that is designated as a major non-NATO ally pursuant to section 517 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321k).'.
(2) CLERICAL AMENDMENT- The table of sections at the
beginning of subchapter II of chapter 138 of such title is amended by
adding at the end the following new item:
`2350m. Participation in multinational military centers of excellence.'.
(b) Repeal of Superseded Authority- Section 1205 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2416) is repealed.
(c) Effective Date- The amendments made by this section shall take effect on October 1, 2008.
Subtitle C--Other Authorities and Limitations
SEC. 1221. WAIVER OF CERTAIN SANCTIONS AGAINST NORTH KOREA.
(a) Annual Waiver Authority-
(1) IN GENERAL- Except as provided in subsection (b),
the President may waive in whole or in part, with respect to North
Korea, the application of any sanction under section 102(b) of the Arms
Export Control Act (22 U.S.C. 2799aa-1(b)) for the purpose of--
(A) assisting in the implementation and
verification of the compliance by North Korea with its commitment,
undertaken in the Joint Statement of September 19, 2005, to abandon all
nuclear weapons and existing nuclear programs as part of the verifiable
denuclearization of the Korean Peninsula; and
(B) promoting the elimination of the capability of
North Korea to develop, deploy, transfer, or maintain weapons of mass
destruction and their delivery systems.
(2) DURATION OF WAIVER- Any waiver issued under this subsection shall expire at the end of the calendar year in which issued.
(1) LIMITED EXCEPTION RELATED TO CERTAIN SANCTIONS AND
PROHIBITIONS- The authority under subsection (a) shall not apply with
respect to a sanction or prohibition under subparagraph (B), (C), or
(G) of section 102(b)(2) of the Arms Export Control Act unless the
President determines and certifies to the appropriate congressional
committees that--
(A) all reasonable steps will be taken to ensure
that the articles or services exported or otherwise provided will not
be used to improve the military capabilities of the armed forces of
North Korea; and
(B) such waiver is in the national security interests of the United States.
(2) LIMITED EXCEPTION RELATED TO CERTAIN ACTIVITIES-
Unless the President determines and certifies to the appropriate
congressional committees that using the authority under subsection (a)
is vital to the national security interests of the United States, such
authority shall not apply with respect to--
(A) an activity described in subparagraph (A) of
section 102(b)(1) of the Arms Export Control Act that occurs after
September 19, 2005, and before the date of the enactment of this Act;
(B) an activity described in subparagraph (C) of such section that occurs after September 19, 2005; or
(C) an activity described in subparagraph (D) of such section that occurs after the date of the enactment of this Act.
(3) EXCEPTION RELATED TO CERTAIN ACTIVITIES OCCURRING
AFTER DATE OF ENACTMENT- The authority under subsection (a) shall not
apply with respect to an activity described in subparagraph (A) or (B)
of section 102(b)(1) of the Arms Export Control Act that occurs after
the date of the enactment of this Act.
(c) Notifications and Reports-
(1) CONGRESSIONAL NOTIFICATION- The President shall
notify the appropriate congressional committees in writing not later
than 15 days before exercising the waiver authority under subsection
(a).
(2) ANNUAL REPORT- Not later than January 31, 2009, and
annually thereafter, the President shall submit to the appropriate
congressional committees a report that--
(A) lists all waivers issued under subsection (a) during the preceding year;
(B) describes in detail the progress that is being
made in the implementation of the commitment undertaken by North Korea,
in the Joint Statement of September 19, 2005, to abandon all nuclear
weapons and existing nuclear programs as part of the verifiable
denuclearization of the Korean Peninsula;
(C) discusses specifically any shortcomings in the implementation by North Korea of that commitment; and
(D) lists and describes the progress and
shortcomings, in the preceding year, of all other programs promoting
the elimination of the capability of North Korea to develop, deploy,
transfer, or maintain weapons of mass destruction or their delivery
systems.
(d) Appropriate Congressional Committees Defined- In this section, the term `appropriate congressional committees' means--
(1) the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives.
Subtitle D--Reports
SEC. 1231. EXTENSION AND MODIFICATION OF UPDATES ON REPORT ON CLAIMS RELATING TO THE BOMBING OF THE LABELLE DISCOTHEQUE.
Section 122(b)(2) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465), as amended
by section 1262(1)(B) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 405), is further
amended--
(1) by striking `Not later than one year after
enactment of this Act, and not later than two years after enactment of
this Act' and inserting `Not later than the end of each calendar
quarter ending after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2009'; and
(2) by adding at the end the following new sentence:
`Each update under this paragraph after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2009 shall be
submitted in unclassified form, but may include a classified annex.'.
SEC. 1232. REPORT ON UTILIZATION OF CERTAIN GLOBAL PARTNERSHIP AUTHORITIES.
(a) In General- Not later than December 31, 2010, the
Secretary of Defense and the Secretary of State shall jointly submit to
the appropriate committees of Congress a report on the implementation
of the Building Global Partnership authorities during the period
beginning on the date of the enactment of this Act and ending on
September 30, 2010.
(b) Elements- The report required by subsection (a) shall include the following:
(1) A detailed summary of the programs conducted under
the Building Global Partnership authorities during the period covered
by the report, including, for each country receiving assistance under
such a program, a description of the assistance provided and its cost.
(2) An assessment of the impact of the assistance
provided under the Building Global Partnership authorities with respect
to each country receiving assistance under such authorities.
(A) the processes used by the Department of Defense
and the Department of State to jointly formulate, prioritize, and
select projects to be funded under the Building Global Partnership
authorities; and
(B) the processes, if any, used by the Department
of Defense and the Department of State to evaluate the success of each
project so funded after its completion.
(4) A statement of the projects initiated under the
Building Global Partnership authorities that were subsequently
transitioned to and sustained under the authorities of the Foreign
Assistance Act of 1961 or other authorities.
(5) An assessment of the utility of the Building Global
Partnership authorities, and of any gaps in such authorities, including
an assessment of the feasability and advisability of continuing such
authorities beyond their current dates of expiration (whether in their
current form or with such modifications as the Secretary of Defense and
the Secretary of State jointly consider appropriate).
(c) Definitions- In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS- The term `appropriate committees of Congress' means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs of the House of
Representatives.
(2) BUILDING GLOBAL PARTNERSHIP AUTHORITIES- The term `Building Global Partnership authorities' means the following:
(A) AUTHORITY FOR BUILDING CAPACITY OF FOREIGN
MILITARY FORCES- The authorities provided in section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3456), as amended by section 1206 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2418) and section 1204 of this Act.
(B) AUTHORITY FOR SECURITY AND STABILIZATION
ASSISTANCE- The authorities provided in section 1207 of the National
Defense Authorization Act for Fiscal Year 2006 (119 Stat. 3458), as
amended by section 1210 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 369) and section 1205
of this Act.
(C) CIVIC ASSISTANCE AUTHORITIES UNDER COMBATANT
COMMANDER INITIATIVE FUND- The authority to engage in urgent and
unanticipated civic assistance under the Combatant Commander Initiative
Fund under section 166a(b)(6) of title 10, United States Code, as a
result of the amendments made by section 902 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (120 Stat.
2351).
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS.
(a) Specification of Cooperative Threat Reduction Programs-
For purposes of section 301 and other provisions of this Act,
Cooperative Threat Reduction programs are the programs specified in
section 1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (50 U.S.C. 2362 note).
(b) Fiscal Year 2009 Cooperative Threat Reduction Funds
Defined- As used in this title, the term `fiscal year 2009 Cooperative
Threat Reduction funds' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds- Funds appropriated pursuant to
the authorization of appropriations in section 301 for Cooperative
Threat Reduction programs shall be available for obligation for three
fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes- Of the $434,135,000
authorized to be appropriated to the Department of Defense for fiscal
year 2009 in section 301(19) for Cooperative Threat Reduction programs,
the following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia, $79,985,000.
(2) For nuclear weapons storage security in Russia, $33,101,000.
(3) For nuclear weapons transportation security in Russia, $40,800,000.
(4) For weapons of mass destruction proliferation prevention in the states of the former Soviet Union, $50,286,000.
(5) For biological threat reduction in the states of the former Soviet Union, $184,463,000.
(6) For chemical weapons destruction in Russia, $1,000,000.
(7) For threat reduction outside the former Soviet Union, $10,000,000.
(8) For defense and military contacts, $8,000,000.
(9) For activities designated as Other Assessments/Administrative Support, $20,100,000.
(10) For strategic offensive arms elimination in Ukraine, $6,400,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes- No fiscal year 2009 Cooperative Threat Reduction funds may be
obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (10) of subsection (a) until 15 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2009 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority To Vary Individual Amounts-
(1) IN GENERAL- Subject to paragraph (2), in any case
in which the Secretary of Defense determines that it is necessary to do
so in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2009 for a purpose listed in paragraphs
(1) through (10) of subsection (a) in excess of the specific amount
authorized for that purpose.
(2) NOTICE-AND-WAIT REQUIRED- An obligation of funds
for a purpose stated in paragraphs (1) through (10) of subsection (a)
in excess of the specific amount authorized for such purpose may be
made using the authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification
of the intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the notification.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for providing capital for working
capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $198,150,000.
(2) For the Defense Working Capital Fund, Defense Commissary, $1,291,084,000.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the National Defense Sealift Fund in the amount of
$1,608,553,000.
SEC. 1403. DEFENSE HEALTH PROGRAM.
(a) Authorization of Appropriations- Funds are hereby
authorized to be appropriated for the Department of Defense for fiscal
year 2009 for expenses, not otherwise provided for, for the Defense
Health Program, in the amount of $24,802,202,000, of which--
(1) $24,301,359,000 is for Operation and Maintenance;
(2) $196,938,000 is for Research, Development, Test, and Evaluation; and
(3) $303,905,000 is for Procurement.
(b) Source of Certain Funds- Of the amount available under
subsection (a), $1,300,000,000 shall, to the extent provided in advance
in an Act making appropriations for fiscal year 2009, be available by
transfer from the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h).
SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations- Funds are hereby
authorized to be appropriated for the Department of Defense for fiscal
year 2009 for expenses, not otherwise provided for, for Chemical Agents
and Munitions Destruction, Defense, in the amount of $1,485,634,000, of
which--
(1) $1,152,668,000 is for Operation and Maintenance;
(2) $268,881,000 is for Research, Development, Test, and Evaluation; and
(3) $64,085,000 is for Procurement.
(b) Use- Amounts authorized to be appropriated under subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2009 for expenses, not otherwise
provided for, for Drug Interdiction and Counter-Drug Activities,
Defense-wide, in the amount of $1,060,463,000.
SEC. 1406. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2009 for expenses, not otherwise
provided for, for the Office of the Inspector General of the Department
of Defense, in the amount of $273,845,000, of which--
(1) $270,445,000 is for Operation and Maintenance; and
(2) $3,400,000 is for Procurement.
SEC. 1407. REDUCTION IN CERTAIN AUTHORIZATIONS DUE TO SAVINGS FROM LOWER INFLATION.
(a) Reduction- The aggregate amount authorized to be
appropriated by this division is the amount equal to the sum of all the
amounts authorized to be appropriated by the provisions of this
division reduced by $1,048,000,000, to be allocated as follows:
(1) PROCUREMENT- The aggregate amount authorized to be appropriated by title I is hereby reduced by $313,000,000.
(2) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION- The
aggregate amount authorized to be appropriated by title II is hereby
reduced by $239,000,000.
(3) OPERATION AND MAINTENANCE- The aggregate amount
authorized to be appropriated by title III is hereby reduced by
$470,000,000.
(4) OTHER AUTHORIZATIONS- The aggregate amount authorized to be appropriated by title XIV is hereby reduced by $26,000,000
(b) Source of Savings- Reductions required in order to
comply with subsection (a) shall be derived from savings resulting from
lower-than-expected inflation as a result of the difference between the
inflation assumptions used in the Concurrent Resolution on the Budget
for Fiscal Year 2009 when compared with the inflation assumptions used
in the budget of the President for fiscal year 2009, as submitted to
Congress pursuant to section 1005 of title 31, United States Code.
(c) Allocation of Reductions- The Secretary of Defense
shall allocate the reductions required by this section among the
amounts authorized to be appropriated for accounts in titles I, II,
III, and XIV to reflect the extent to which net savings from
lower-than-expected inflations are allocable to amounts authorized to
be appropriated to such accounts.
Subtitle B--Armed Forces Retirement Home
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT HOME.
There is authorized to be appropriated for fiscal year 2009
from the Armed Forces Retirement Home Trust Fund the sum of $63,010,000
for the operation of the Armed Forces Retirement Home.
Subtitle C--Other Matters
SEC. 1431. RESPONSIBILITIES FOR CHEMICAL DEMILITARIZATION CITIZENS' ADVISORY COMMISSIONS IN COLORADO AND KENTUCKY.
Section 172 of the National Defense Authorization Act for Fiscal Year 1993 (50 U.S.C. 1521 note) is amended--
(1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the following new subsection (f):
`(f) Colorado and Kentucky Chemical Demilitarization
Citizens' Advisory Commissions- (1) Notwithstanding subsections (b),
(g), and (h), and consistent with section 142 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1521
note) and section 8122 of the Department of Defense Appropriations Act,
2003 (Public Law 107-248; 116 Stat. 1566; 50 U.S.C. 1521 note), the
Secretary of the Army shall transfer responsibilities for the Chemical
Demilitarization Citizens' Advisory Commissions in Colorado and
Kentucky to the Program Manager for Assembled Chemical Weapons
Alternatives.
`(2) In carrying out the responsibilities transferred under
paragraph (1), the Program Manager for Assembled Chemical Weapons
Alternatives shall take appropriate actions to ensure that each
Commission referred to in paragraph (1) retains the capacity to receive
citizen and State concerns regarding the ongoing chemical
demilitarization program in the State concerned.
`(3) A representative of the Office of the Assistant to the
Secretary of Defense for Nuclear, Chemical, and Biological Defense
Programs shall meet with each Commission referred to in paragraph (1)
not less often than twice a year.
`(4) Funds authorized to be appropriated for the Assembled
Chemical Weapons Alternatives Program shall be available for travel and
associated travel cost for Commissioners on the Commissions referred to
in paragraph (1) when such travel is conducted at the invitation of the
Special Assistant for Chemical and Biological Defense and Chemical
Demilitarization Programs of the Department of Defense.'.
SEC. 1432. MODIFICATION OF DEFINITION OF `DEPARTMENT OF
DEFENSE SEALIFT VESSEL' FOR PURPOSES OF THE NATIONAL DEFENSE SEALIFT
FUND.
Section 2218(l)(2) of title 10, United States Code, is amended--
(1) by striking subparagraph (B) and inserting the following new subparagraph (B):
`(B) A maritime prepositioning ship, other than a
ship derived from a Navy design for an amphibious ship or auxiliary
support vessel.'; and
(2) by striking subparagraph (I).
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN AFGHANISTAN
SEC. 1501. PURPOSE.
The purpose of this title is to authorize appropriations
for the Department of Defense for fiscal year 2009 to provide
additional funds for operations in Afghanistan.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for procurement accounts for the Army in amounts as follows:
(1) For aircraft procurement, $250,000,000.
(2) For missile procurement, $12,500,000.
(3) For weapons and tracked combat vehicles procurement, $375,000,000.
(4) For ammunition procurement, $87,500,000.
(5) For other procurement, $1,100,000,000.
SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.
(a) Navy- Funds are hereby authorized to be appropriated
for fiscal year 2009 for procurement accounts for the Navy in amounts
as follows:
(1) For aircraft procurement, $25,000,000.
(2) For weapons procurement, $12,500,000.
(3) For other procurement, $25,000,000.
(b) Marine Corps- Funds are hereby authorized to be
appropriated for fiscal year 2009 for the procurement account for the
Marine Corps in the amount of $250,000,000.
(c) Navy and Marine Corps Ammunition- Funds are hereby
authorized to be appropriated for fiscal year 2009 for the procurement
account for ammunition for the Navy and the Marine Corps in the amount
of $75,000,000.
SEC. 1504. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for procurement accounts for the Air Force in amounts as
follows:
(1) For aircraft procurement, $400,000,000.
(2) For missile procurement, $12,500,000.
(3) For ammunition procurement, $12,500,000.
(4) For other procurement, $150,000,000.
SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Authorization of Appropriations- Funds are hereby
authorized for fiscal year 2009 for the Joint Improvised Explosive
Device Defeat Fund in the amount of $750,000,000.
(b) Use and Transfer of Funds- Subsections (b) and (c) of
section 1514 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439), as amended by
subsection (c) of this section, shall apply to the funds appropriated
pursuant to the authorization of appropriations in subsection (a).
(c) Modification of Funds Transfer Authority- Subsection
(c)(1) of section 1514 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively.
(d) Prior Notice of Transfer of Funds- Funds authorized to
be appropriated to the Joint Improvised Explosive Device Defeat Fund by
subsection (a) may not be obligated from the Fund or transferred in
accordance with the provisions of subsection (c) of section 1514 of the
John Warner National Defense Authorization Act for Fiscal Year 2007, as
amended by subsection (c) of this section, until five days after the
date on which the Secretary of Defense notifies the congressional
defense committees of the proposed obligation or transfer.
(e) Modification of Submittal Date of Reports- Subsection
(e) of such section 1514 is amended by striking `30 days' and inserting
`60 days'.
SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the procurement account for Defense-wide activities as
follows:
(1) For Defense-wide procurement, $62,500,000.
(2) For the Mine Resistant Ambush Protected Vehicle Fund, $100,000,000.
SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the use of the Department of Defense for research,
development, test, and evaluation as follows:
(1) For the Army, $15,000,000.
(2) For the Navy, $15,000,000.
(3) For the Air Force, $15,000,000.
(4) For Defense-wide activities, $15,000,000.
SEC. 1508. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the use of the Armed Forces for expenses, not otherwise
provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $9,000,000,000.
(2) For the Navy, $500,000,000.
(3) For the Marine Corps, $1,000,000,000.
(4) For the Air Force, $500,000,000.
(5) For Defense-wide activities, $668,750,000.
(6) For the Army Reserve, $12,500,000.
(7) For the Navy Reserve, $7,500,000.
(8) For the Marine Corps Reserve, $10,000,000.
(9) For the Air Force Reserve, $3,750,000.
(10) For the Army National Guard, $75,000,000.
(11) For the Air National Guard, $12,500,000.
SEC. 1509. MILITARY PERSONNEL.
There is hereby authorized to be appropriated for fiscal
year 2009 for the Department of Defense for military personnel in
amounts as follows:
(1) For the Army, $500,000,000.
(2) For the Navy, $25,000,000.
(3) For the Marine Corps, $62,500,000.
(4) For the Air Force, $25,000,000.
(5) For the Army Reserve, $25,000,000.
(6) For the Navy Reserve, $7,500,000.
(7) For the Marine Corps Reserve, $5,000,000.
(8) For the Army National Guard, $100,000,000.
SEC. 1510. 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 the amount of $250,000,000, for the
Defense Working Capital Funds.
SEC. 1511. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program- Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year 2009 for
expenses, not otherwise provided for, for the Defense Health Program in
the amount of $155,000,000 for operation and maintenance.
(b) Drug Interdiction and Counter-Drug Activities,
Defense-Wide- Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2009 for expenses, not otherwise
provided for, for Drug Interdiction and Counter-Drug Activities,
Defense-wide in the amount of $150,000,000.
SEC. 1512. AFGHANISTAN SECURITY FORCES FUND.
(a) Authorization of Appropriations- Funds are hereby
authorized to be appropriated for fiscal year 2009 for the Afghanistan
Security Forces Fund in the amount of $3,000,000,000.
(1) IN GENERAL- Funds authorized to be appropriated by
subsection (a) shall be available to the Secretary of Defense to
provide assistance to the security forces of Afghanistan.
(2) TYPES OF ASSISTANCE AUTHORIZED- Assistance provided
under this section may include the provision of equipment, supplies,
services, training, facility and infrastructure repair, renovation,
construction, and funds.
(3) SECRETARY OF STATE CONCURRENCE- Assistance may be
provided under this section only with the concurrence of the Secretary
of State.
(c) Authority in Addition to Other Authorities- The
authority to provide assistance under this section is in addition to
any other authority to provide assistance to foreign nations.
(1) TRANSFERS AUTHORIZED- Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may be
transferred from the Afghanistan Security Forces Fund to any of the
following accounts and funds of the Department of Defense to accomplish
the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid.
(2) ADDITIONAL AUTHORITY- The transfer authority
provided by paragraph (1) is in addition to any other transfer
authority available to the Department of Defense.
(3) TRANSFERS BACK TO FUND- Upon a determination that
all or part of the funds transferred from the Afghanistan Security
Forces Fund under paragraph (1) are not necessary for the purpose for
which transferred, such funds may be transferred back to the
Afghanistan Security Forces Fund.
(4) EFFECT ON AUTHORIZATION AMOUNTS- A transfer of an
amount to an account under the authority in paragraph (1) shall be
deemed to increase the amount authorized for such account by an amount
equal to the amount transferred.
(e) Prior Notice to Congress of Obligation or Transfer-
Funds may not be obligated from the Afghanistan Security Forces Fund,
or transferred under subsection (d)(1), until five days after the date
on which the Secretary of Defense notifies the congressional defense
committees in writing of the details of the proposed obligation or
transfer.
(1) AUTHORITY TO ACCEPT CONTRIBUTIONS- Subject to
paragraph (2), the Secretary of Defense may accept contributions of
amounts to the Afghanistan Security Forces Fund for the purposes
provided in subsection (b) from any foreign government or international
organization. Any amounts so accepted shall be credited to the
Afghanistan Security Forces Fund.
(2) LIMITATION- The Secretary may not accept a
contribution under this subsection if the acceptance of the
contribution would compromise or appear to compromise the integrity of
any program of the Department of Defense.
(3) USE- Amounts accepted under this subsection shall
be available for assistance authorized by subsection (b), including
transfer under subsection (d) for that purpose.
(4) NOTIFICATION- The Secretary shall notify the
congressional defense committees, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the House of
Representatives, in writing, upon the acceptance, and upon the transfer
under subsection (d), of any contribution under this subsection. Such
notice shall specify the source and amount of any amount so accepted
and the use of any amount so accepted.
(g) Quarterly Reports- Not later than 30 days after the end
of each fiscal-year quarter, the Secretary of Defense shall submit to
the congressional defense committees a report summarizing the details
of any obligation or transfer of funds from the Afghanistan Security
Forces Fund during such fiscal-year quarter.
(h) Expiration of Authority- The authority in this section shall expire on September 30, 2010.
SEC. 1513. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1514. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations-
(1) AUTHORITY- Upon determination by the Secretary of
Defense that such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made available to the
Department of Defense in this title and title XVI for fiscal year 2009
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) LIMITATION- The total amount of authorizations that
the Secretary may transfer under the authority of this section may not
exceed $3,000,000,000, of which not more than $300,000,000 may be
transferred to the Iraq Security Forces Fund.
(b) Terms and Conditions- Transfers under this section
shall be subject to the same terms and conditions as transfers under
section 1001.
(c) Additional Authority- The transfer authority provided
by this section is in addition to the transfer authority provided under
section 1001.
SEC. 1515. LIMITATION ON USE OF FUNDS.
(a) Report- Amounts authorized to be appropriated by this
title may not be obligated until 15 days after the Secretary of Defense
has transmitted to the congressional defense committees a report
setting forth the proposed allocation of such amounts at the program,
project, or activity level.
(b) Effect of Report- The report required by subsection (a)
shall serve as a base for reprogramming for the purposes of sections
1514 and 1001.
SEC. 1516. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGET FOR AFGHANISTAN.
(a) In General- In any annual or supplemental budget
request for the Department of Defense that is submitted to Congress
after the date of the enactment of this Act, the Secretary of Defense
shall set forth separately any funding requested in such budget request
for operations of the Department of Defense in Afghanistan.
(b) Specificity of Display- Each budget request under subsection (a) shall--
(1) clearly display the amounts requested in the budget
request for the Department of Defense for Afghanistan at the
appropriation account level and at the program, project, or activity
level; and
(2) also include a detailed description of the
assumptions underlying the funding requested in the budget request for
the Department of Defense for Afghanistan for the period covered by the
budget request, including anticipated troop levels, operating tempos,
and reset requirements.
TITLE XVI--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN IRAQ
SEC. 1601. PURPOSE.
The purpose of this title is to authorize appropriations
for the Department of Defense for fiscal year 2009 to provide
additional funds for operations in Iraq.
SEC. 1602. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for procurement accounts for the Army in amounts as follows:
(1) For aircraft procurement, $750,000,000.
(2) For missile procurement, $37,500,000.
(3) For weapons and tracked combat vehicles procurement, $1,125,000,000.
(4) For ammunition procurement, $262,500,000.
(5) For other procurement, $3,300,000,000.
SEC. 1603. NAVY AND MARINE CORPS PROCUREMENT.
(a) Navy- Funds are hereby authorized to be appropriated
for fiscal year 2009 for procurement accounts for the Navy in amounts
as follows:
(1) For aircraft procurement, $75,000,000.
(2) For weapons procurement, $37,500,000.
(3) For other procurement, $75,000,000.
(b) Marine Corps- Funds are hereby authorized to be
appropriated for fiscal year 2009 for the procurement account for the
Marine Corps in the amount of $750,000,000.
(c) Navy and Marine Corps Ammunition- Funds are hereby
authorized to be appropriated for fiscal year 2009 for the procurement
account for ammunition for the Navy and the Marine Corps in the amount
of $225,000,000.
SEC. 1604. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for procurement accounts for the Air Force in amounts as
follows:
(1) For aircraft procurement, $400,000,000.
(2) For missile procurement, $37,500,000.
(3) For ammunition procurement, $37,500,000.
(4) For other procurement, $450,000,000.
SEC. 1605. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Authorization of Appropriations- Funds are hereby
authorized for fiscal year 2009 for the Joint Improvised Explosive
Device Defeat Fund in the amount of $2,250,000,000.
(b) Rule of Construction- The provisions of section 1505
and the amendments made by that section shall apply to the use of funds
authorized to be appropriated by this section.
SEC. 1606. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the procurement account for Defense-wide activities as
follows:
(1) For Defense-wide procurement, $187,500,000.
(2) For the Mine Resistant Ambush Protected Vehicle Fund, $500,000,000.
SEC. 1607. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the use of the Department of Defense for research,
development, test, and evaluation as follows:
(1) For the Army, $35,000,000.
(2) For the Navy, $35,000,000.
(3) For the Air Force, $35,000,000.
(4) For Defense-wide activities, $35,000,000.
SEC. 1608. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal
year 2009 for the use of the Armed Forces for expenses, not otherwise
provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $27,000,000,000.
(2) For the Navy, $1,500,000,000.
(3) For the Marine Corps, $3,000,000,000.
(4) For the Air Force, $1,500,000,000.
(5) For Defense-wide activities, $1,811,250,000.
(6) For the Army Reserve, $37,500,000.
(7) For the Navy Reserve, $22,500,000.
(8) For the Marine Corps Reserve, $30,000,000.
(9) For the Air Force Reserve, $11,250,000.
(10) For the Army National Guard, $225,000,000.
(11) For the Air National Guard, $37,500,000.
SEC. 1609. MILITARY PERSONNEL.
There is hereby authorized to be appropriated for fiscal
year 2009 for the Department of Defense for military personnel in
amounts as follows:
(1) For the Army, $1,500,000,000.
(2) For the Navy, $75,000,000.
(3) For the Marine Corps, $187,500,000.
(4) For the Air Force, $75,000,000.
(5) For the Army Reserve, $75,000,000.
(6) For the Navy Reserve, $22,500,000.
(7) For the Marine Corps Reserve, $15,000,000.
(8) For the Army National Guard, $300,000,000.
SEC. 1610. 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 the amount of $750,000,000, for the
Defense Working Capital Funds.
SEC. 1611. 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
$460,000,000 for operation and maintenance.
SEC. 1612. IRAQ FREEDOM FUND.
(a) In General- Funds are hereby authorized to be
appropriated for fiscal year 2009 for the Iraq Freedom Fund in the
amount of $150,000,000.
(1) TRANSFER AUTHORIZED- Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may be
transferred from the Iraq Freedom Fund to any accounts as follows:
(A) Operation and maintenance accounts of the Armed Forces.
(B) Military personnel accounts.
(C) Research, development, test, and evaluation accounts of the Department of Defense.
(D) Procurement accounts of the Department of Defense.
(E) Accounts providing funding for classified programs.
(F) The operating expenses account of the Coast Guard.
(2) NOTICE TO CONGRESS- A transfer may not be made
under the authority in paragraph (1) until five days after the date on
which the Secretary of Defense notifies the congressional defense
committees in writing of the transfer.
(3) TREATMENT OF TRANSFERRED FUNDS- Amounts transferred
to an account under the authority in paragraph (1) shall be merged with
amounts in such account and shall be made available for the same
purposes, and subject to the same conditions and limitations, as
amounts in such account.
(4) EFFECT ON AUTHORIZATION AMOUNTS- A transfer of an
amount to an account under the authority in paragraph (1) shall be
deemed to increase the amount authorized for such account by an amount
equal to the amount transferred.
SEC. 1613. IRAQ SECURITY FORCES FUND.
(a) Authorization of Appropriations- Funds are hereby
authorized to be appropriated for fiscal year 2009 for the Iraq
Security Forces Fund in the amount of $200,000,000.
(1) IN GENERAL- Funds appropriated pursuant to
subsection (a) shall be available to the Secretary of Defense for the
purpose of allowing the Commander, Multi-National Security Transition
Command-Iraq, to provide assistance to the security forces of Iraq.
(2) TYPES OF ASSISTANCE AUTHORIZED- Assistance provided
under this section may include the provision of equipment, supplies,
services, and training.
(3) SECRETARY OF STATE CONCURRENCE- Assistance may be
provided under this section only with the concurrence of the Secretary
of State.
(c) Authority in Addition to Other Authorities- The
authority to provide assistance under this section is in addition to
any other authority to provide assistance to foreign nations.
(1) TRANSFERS AUTHORIZED- Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may be
transferred from the Iraq Security Forces Fund to any of the following
accounts and funds of the Department of Defense to accomplish the
purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid account.
(2) ADDITIONAL AUTHORITY- The transfer authority
provided by paragraph (1) is in addition to any other transfer
authority available to the Department of Defense.
(3) TRANSFERS BACK TO THE FUND- Upon determination that
all or part of the funds transferred from the Iraq Security Forces Fund
under paragraph (1) are not necessary for the purpose provided, such
funds may be transferred back to the Iraq Security Forces Fund.
(4) EFFECT ON AUTHORIZATION AMOUNTS- A transfer of an
amount to an account under the authority in paragraph (1) shall be
deemed to increase the amount authorized for such account by an amount
equal to the amount transferred.
(e) Notice to Congress- Funds may not be obligated from the
Iraq Security Forces Fund, or transferred under the authority provided
in subsection (d)(1), until five days after the date on which the
Secretary of Defense notifies the congressional defense committees in
writing of the details of the proposed obligation or transfer.
(1) AUTHORITY TO ACCEPT CONTRIBUTIONS- Subject to
paragraph (2), the Secretary of Defense may accept contributions of
amounts to the Iraq Security Forces Fund for the purposes provided in
subsection (b) from any foreign government or international
organization. Any amounts so accepted shall be credited to the Iraq
Security Forces Fund.
(2) LIMITATION- The Secretary may not accept a
contribution under this subsection if the acceptance of the
contribution would compromise or appear to compromise the integrity of
any program of the Department of Defense.
(3) USE- Amounts accepted under this subsection shall
be available for assistance authorized by subsection (b), including
transfer under subsection (d) for that purpose.
(4) NOTIFICATION- The Secretary shall notify the
congressional defense committees, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the House of
Representatives, in writing, upon the acceptance, and upon the transfer
under subsection (d), of any contribution under this subsection. Such
notice shall specify the source and amount of any amount so accepted
and the use of any amount so accepted.
(g) Quarterly Reports- Not later than 30 days after the end
of each fiscal-year quarter, the Secretary of Defense shall submit to
the congressional defense committees a report summarizing the details
of any obligation or transfer of funds from the Iraq Security Forces
Fund during such fiscal-year quarter.
(h) Expiration of Authority- The authority in this section shall expire on September 30, 2010.
SEC. 1614. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1615. LIMITATION ON USE OF FUNDS.
(a) Report- Amounts authorized to be appropriated by this
title may not be obligated until 15 days after the Secretary of Defense
has transmitted to the congressional defense committees a report
setting forth the proposed allocation of such amounts at the program,
project, or activity level.
(b) Effect of Report- The report required by subsection (a)
shall serve as a base for reprogramming for the purposes of sections
1514 and 1001.
SEC. 1616. CONTRIBUTIONS BY THE GOVERNMENT OF IRAQ TO
LARGE-SCALE INFRASTRUCTURE PROJECTS, COMBINED OPERATIONS, AND OTHER
ACTIVITIES IN IRAQ.
(a) Finding- The Senate finds that the financial
contributions of the Government of Iraq to the reconstruction and
stability of Iraq have been increasing.
(b) Large-Scale Infrastructure Projects-
(1) LIMITATION ON AVAILABILITY OF UNITED STATES FUNDS
FOR PROJECTS- Amounts authorized to be appropriated by this Act (other
than amounts described in paragraph (3)) may not be obligated or
expended for any large-scale infrastructure project in Iraq that is
commenced after the date of the enactment of this Act.
(2) FUNDING OF RECONSTRUCTION PROJECTS BY THE
GOVERNMENT OF IRAQ- The United States Government shall work with the
Government of Iraq to provide that the Government of Iraq shall
obligate and expend funds of the Government of Iraq for reconstruction
projects in Iraq that are not large-scale infrastructure projects
before obligating and expending United States assistance (other than
amounts described in paragraph (3)) for such projects.
(3) EXCEPTION FOR CERP- The limitations in paragraphs
(1) and (2) do not apply to amounts authorized to be appropriated by
this Act for the Commanders' Emergency Response Program (CERP).
(4) LARGE-SCALE INFRASTRUCTURE PROJECT DEFINED- In this
subsection, the term `large-scale infrastructure project' means any
construction project for infrastructure in Iraq that is estimated by
the United States Government at the time of the commencement of the
project to cost at least $2,000,000.
(1) IN GENERAL- The United States Government shall
initiate negotiations with the Government of Iraq on an agreement under
which the Government of Iraq shall share with the United States
Government the costs of combined operations of the Government of Iraq
and the Multinational Forces Iraq undertaken as part of Operation Iraqi
Freedom.
(2) REPORT- Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall, in conjunction
with the Secretary of Defense, submit to Congress a report describing
the status of negotiations under paragraph (1).
(d) Iraqi Security Forces-
(1) IN GENERAL- The United States Government shall take actions to ensure that Iraq funds are used to pay the following:
(A) The costs of the salaries, training, equipping, and sustainment of Iraqi Security Forces.
(B) The costs associated with the Sons of Iraq.
(2) REPORTS- Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter, the President
shall submit to Congress a report setting forth an assessment of the
progress made in meeting the requirements of paragraph (1).
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the `Military Construction Authorization Act for Fiscal Year 2009'.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years- Except
as provided in subsection (b), all authorizations contained in titles
XXI through XXVI and title XXIX for military construction projects,
land acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization Security
Investment Program (and authorizations of appropriations therefor)
shall expire on the later of--
(2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2012.
(b) Exception- Subsection (a) shall not apply to
authorizations for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor), for which appropriated
funds have been obligated before the later of--
(2) the date of the enactment of an Act authorizing
funds for fiscal year 2012 for military construction projects, land
acquisition, family housing projects and facilities, or contributions
to the North Atlantic Treaty Organization Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX shall take effect on the later of--
(2) the date of the enactment of this Act.
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
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State Installation or Location Amount
-------------------------------------------------------------------------
Alabama Anniston Army Depot $45,000,000
Redstone Arsenal $16,500,000
Alaska Fort Richardson $18,100,000
Fort Wainright $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 Pohakuloa Training Area $21,300,000
Schofield Barracks $279,000,000
Wahiawa $40,000,000
Indiana Crane Army Ammunition Activity $8,300,000
Kansas Fort Riley $132,000,000
Kentucky Fort Campbell $118,113,000
Louisiana Fort Polk $29,000,000
Michigan Detroit Arsenal $6,100,000
Missouri Fort Leonard Wood $31,650,000
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
Letterkenny Army Depot $7,500,000
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 $28,000,000
Fort Lee $100,600,000
Fort Myer $14,000,000
Washington Fort Lewis $158,000,000
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(b) Outside the United States- Using amounts appropriated
pursuant to the authorization of appropriations in section 2104(a)(2),
the Secretary of the Army may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:
Army: Outside the United States
--------------------------------------------------
Country Installation or Location Amount
--------------------------------------------------
Afghanistan Bagram Air Base $67,000,000
Germany Katterbach $19,000,000
Wiesbaden Air Base $119,000,000
Japan Camp Zama $2,350,000
Sagamihara $17,500,000
Korea Camp Humphreys $20,000,000
--------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition- Using amounts
appropriated pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number of units,
and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------
Germany Wiesbaden Air Base 326 $133,000,000
Korea Camp Humphreys 216 $125,000,000
----------------------------------------------------
(b) Planning and Design- Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $579,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2104(a)(5)(A), the Secretary of the Army may
improve existing military family housing units in an amount not to
exceed $420,001,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General- Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30, 2008, for
military construction, land acquisition, and military family housing
functions of the Department of the Army in the total amount of
$6,042,210,000 as follows:
(1) For military construction projects inside the United States authorized by section 2101(a), $4,007,863,000.
(2) For military construction projects outside the United States authorized by section 2101(b), $202,250,000.
(3) For unspecified minor military construction
projects authorized by section 2805 of title 10, United States Code,
$23,000,000.
(4) For host nation support and architectural and
engineering services and construction design under section 2807 of
title 10, United States Code, $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), as amended by section 20814
of the Continuing Appropriations Resolution, 2007 (division B of Public
Law 109-289), as added by section 2 of the Revised Continuing
Resolution, 2007 (Public Law 110-5; 121 Stat. 41), $102,000,000.
(7) For the construction of increment 2 of the 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. 504), $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. 505), $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