skip to main content

H.R. 5658 (110th): Duncan Hunter National Defense Authorization Act for Fiscal Year 2009


The text of the bill below is as of May 22, 2008 (Passed the House).


I

110th CONGRESS

2d Session

H. R. 5658

IN THE HOUSE OF REPRESENTATIVES

AN ACT

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, to amend the Servicemembers Civil Relief Act to provide for the protection of child custody arrangements for parents who are members of the Armed Forces deployed in support of a contingency operation, and for other purposes.

1.

Short title

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

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into four 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.

(4)

Division D—Governmentwide Acquisition Improvements.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1.  Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees.

Division A—Department of Defense Authorizations

Title I—Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. National Guard and Reserve equipment.

Sec. 106. Rapid Acquisition Fund.

Subtitle B—Army Programs

Sec. 111. Separate procurement line items for Future Combat Systems program.

Sec. 112. Restriction on contract awards for major elements of the Future Combat Systems program.

Sec. 113. Restriction on obligation of funds for Army tactical radio pending report.

Sec. 114. Restriction on obligation of procurement funds for Armed Reconnaissance Helicopter program pending certification.

Subtitle C—Navy Programs

Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt.

Sec. 122. Applicability of previous teaming agreements for Virginia-class submarine program.

Sec. 123. Littoral Combat Ship (LCS) program.

Sec. 124. Report on F/A–18 procurement costs, comparing multiyear to annual.

Subtitle D—Air Force Programs

Sec. 131. Limitation on retiring C–5 aircraft.

Sec. 132. Maintenance of retired KC–135E aircraft.

Sec. 133. Repeal of multi-year contract authority for procurement of tanker aircraft.

Sec. 134. Report on processes used for requirements development for KC–(X).

Subtitle E—Joint and Multiservice Matters

Sec. 141. Body armor acquisition strategy.

Sec. 142. Small arms acquisition strategy and requirements review.

Sec. 143. Requirement for common ground stations and payloads for manned and unmanned aerial vehicles.

Sec. 144. Report on Future Jet carrier trainer Requirements of the Navy.

Title II—Research, Development, Test, and Evaluation

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for defense science and technology.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Additional determinations to be made as part of Future Combat Systems milestone review.

Sec. 212. Analysis of Future Combat Systems communications network and software.

Sec. 213. Future Combat Systems manned ground vehicle selected acquisition reports.

Sec. 214. Separate procurement and research, development, test, and evaluation line items and program elements for Sky Warrior Unmanned Aerial Systems project.

Sec. 215. Restriction on obligation of funds for the Warfighter Information Network—Tactical program.

Sec. 216. Limitation on source of funds for certain Joint Cargo Aircraft expenditures.

Subtitle C—Missile Defense Programs

Sec. 221. Independent study of boost phase missile defense.

Sec. 222. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe.

Subtitle D—Other Matters

Sec. 231. Oversight of testing of personnel protective equipment by Director, Operational Test and Evaluation.

Sec. 232. Assessment of the Historically Black Colleges and Universities and Minority Serving Institutions Program.

Sec. 233. Technology-neutral information technology guidelines and standards to support fully interoperable electronic personal health information for the Department of Defense and Department of Veterans Affairs.

Sec. 234. Repeal of requirement for Technology Transition Initiative.

Sec. 235. Trusted defense systems.

Sec. 236. Limitation on obligation of funds for Enhanced AN/TPQ–36 radar system pending submission of report.

Sec. 237. Capabilities-based assessment to outline a joint approach for future development of vertical lift aircraft and rotorcraft.

Sec. 238. Availability of funds for prompt global strike capability development.

Sec. 239. Visiting NIH Senior Neuroscience Fellowship Program.

Title III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B—Environmental Provisions

Sec. 311. Authorization for Department of Defense participation in conservation banking programs.

Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake, Washington.

Sec. 313. Expand cooperative agreement authority for management of natural resources to include off-installation mitigation.

Sec. 314. Detection instrument technology research and deployment of resulting detection instruments and technological improvements.

Sec. 315. Closed Loop Recycling for Motor Vehicle Lubricating Oil.

Subtitle C—Workplace and Depot Issues

Sec. 321. Time limitation on duration of public-private competitions.

Sec. 322. Comprehensive analysis and development of single Government-wide definition of inherently governmental function.

Sec. 323. Study on future depot capability.

Sec. 324. High-performing organization business process reengineering.

Sec. 325. Temporary suspension of studies and public-private competitions regarding conversion of functions of the Department of Defense performed by civilian employees to contractor performance.

Sec. 326. Consolidation of Air Force and Air National Guard aircraft maintenance.

Sec. 327. Guidance for performance of civilian personnel work under Air Force civilian personnel consolidation plan.

Sec. 328. Report on reduction in number of firefighters on Air Force bases.

Subtitle D—Energy Security

Sec. 331. Annual report on operational energy management and implementation of operational energy strategy.

Sec. 332. Consideration of fuel logistics support requirements in planning, requirements development, and acquisition processes.

Sec. 333. Study on solar energy for use at forward operating locations.

Sec. 334. Study on coal-to-liquid fuels.

Sec. 335. Exception to alternative fuel procurement requirement.

Sec. 336. Study of Consideration of Greenhouse Gas Emissions in Acquisition Processes.

Subtitle E—Reports

Sec. 341. Comptroller General report on readiness of Armed Forces.

Sec. 342. Report on plan to enhance combat skills of Navy and Air Force personnel.

Sec. 343. Comptroller General report on the use of the Army Reserve and National Guard as an operational reserve.

Sec. 344. Comptroller General report on link between preparation and use of Army reserve component forces to support ongoing operations.

Sec. 345. Comptroller General report on adequacy of funding, staffing, and organization of Department of Defense Military Munitions Response Program.

Sec. 346. Report on options for providing repair capabilities to support ships operating near Guam.

Subtitle F—Other Matters

Sec. 351. Extension of Enterprise Transition Plan reporting requirement.

Sec. 352. Demilitarization of loaned, given, or exchanged documents, historical artifacts, and condemned or obsolete combat materiel.

Sec. 353. Repeal of requirement that Secretary of Air Force provide training and support to other military departments for A–10 aircraft.

Sec. 354. Display of annual budget requirements for Air Sovereignty Alert Mission.

Sec. 355. Sense of Congress that Air Sovereignty Alert Mission should receive sufficient funding and resources.

Sec. 356. Revision of certain Air Force regulations required.

Sec. 357. Transfer of C–12 aircraft to California Department of Forestry and Fire Protection.

Sec. 358. Availability of funds for Irregular Warfare Support program.

Sec. 359. Sense of Congress regarding procurement and use of munitions.

Sec. 360. Limitation on obligation of funds for Air Combat Command Management Headquarters.

Sec. 361. Increase of domestic sourcing of military working dogs used by the Department of Defense.

Sec. 362. Funding for programs relating to dental readiness for the Army Reserve.

Title IV—Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revision in permanent active duty end strength minimum levels.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the Reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2009 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.

Sec. 416. Additional waiver authority of limitation on number of reserve component members authorized to be on active duty.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

Title V—Military Personnel Policy

Subtitle A—Officer Personnel Policy Generally

Sec. 501. Mandatory separation requirements for regular warrant officers for length of service.

Sec. 502. Requirements for issuance of posthumous commissions and warrants.

Sec. 503. Extension of authority to reduce minimum length of active service required for voluntary retirement as an officer.

Sec. 504. Increase in authorized number of general officers on active duty in the Marine Corps.

Subtitle B—Reserve Component Management

Sec. 511. Extension to all military departments of authority to defer mandatory separation of military technicians (dual status).

Sec. 512. Increase in authorized strengths for Marine Corps Reserve officers on active duty in the grades of major and lieutenant colonel to meet force structure requirements.

Sec. 513. Clarification of authority to consider for a vacancy promotion National Guard officers ordered to active duty in support of a contingency operation.

Sec. 514. Increase in mandatory retirement age for certain Reserve officers.

Sec. 515. Age limit for retention of certain Reserve officers on active-status list as exception to removal for years of commissioned service.

Sec. 516. Authority to retain Reserve chaplains and officers in medical and related specialties until age 68.

Sec. 517. Study and report regarding personnel movements in Marine Corps Individual Ready Reserve.

Subtitle C—Joint Qualified Officers and Requirements

Sec. 521. Joint duty requirements for promotion to general or flag officer.

Sec. 522. Technical, conforming, and clerical changes to joint specialty terminology.

Sec. 523. Promotion policy objectives for Joint Qualified Officers.

Sec. 524. Length of joint duty assignments.

Sec. 525. Designation of general and flag officer positions on Joint Staff as positions to be held only by reserve component officers.

Sec. 526. Treatment of certain service as joint duty experience.

Subtitle D—General Service Authorities

Sec. 531. Increase in authorized maximum reenlistment term.

Sec. 532. Career intermission pilot program.

Subtitle E—Education and Training

Sec. 541. Repeal of prohibition on phased increase in midshipmen and cadet strength limit at United States Naval Academy and Air Force Academy.

Sec. 542. Promotion of foreign and cultural exchange activities at military service academies.

Sec. 543. Compensation for civilian President of Naval Postgraduate School.

Sec. 544. Increased authority to enroll defense industry employees in defense product development program.

Sec. 545. Requirement of completion of service under honorable conditions for purposes of entitlement to educational assistance for reserve components members supporting contingency operations.

Sec. 546. Consistent education loan repayment authority for health professionals in regular components and Selected Reserve.

Sec. 547. Increase in number of units of Junior Reserve Officers’ Training Corps.

Sec. 548. Correction of erroneous Army College Fund benefit amounts.

Sec. 549. Expanded authority for institutions of professional military education to award degrees.

Sec. 550. Enhancing education partnerships to improve accessibility and flexibility for members of the Armed Forces.

Subtitle F—Military Justice

Sec. 551. Grade of Staff Judge Advocate to the Commandant of the Marine Corps.

Sec. 552. Standing military protection order.

Sec. 553. Mandatory notification of issuance of military protective order to civilian law enforcement.

Sec. 554. Implementation of information database on sexual assault incidents in the Armed Forces.

Subtitle G—Decorations, Awards, and Honorary Promotions

Sec. 561. Replacement of military decorations.

Sec. 562. Authorization and request for award of Medal of Honor to Richard L. Etchberger for acts of valor during the Vietnam War.

Sec. 563. Advancement of Brigadier General Charles E. Yeager, United States Air Force (retired), on the retired list.

Sec. 564. Advancement of Rear Admiral Wayne E. Meyer, United States Navy (retired), on the retired list.

Sec. 565. Award of Vietnam Service Medal to veterans who participated in Mayaguez rescue operation.

Sec. 566. Retroactive award of Army Combat Action Badge.

Subtitle H—Impact Aid

Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 572. Calculation of payments under Department of Education’s Impact Aid program.

Subtitle I—Military Families

Sec. 581. Presentation of burial flag.

Sec. 582. Education and training opportunities for military spouses.

Sec. 583. Sense of the Congress regarding honor guard details for funerals of veterans.

Subtitle J—Other Matters

Sec. 591. Inclusion of Reserves in providing Federal aid for State governments, enforcing Federal authority, and responding to major public emergencies.

Sec. 592. Interest payments on certain claims arising from correction of military records.

Sec. 593. Extension of limitation on reductions of personnel of agencies responsible for review and correction of military records.

Sec. 594. Authority to order Reserve units to active duty to provide assistance in response to a major disaster or emergency.

Sec. 595. Senior Military Leadership Diversity Commission.

Sec. 596. Limitation on simultaneous deployment to combat zones of dual-military couples who have minor dependents.

Sec. 597. Additional funds to carry out funeral honor functions at funerals for veterans.

Title VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. Fiscal year 2009 increase in military basic pay.

Sec. 602. Permanent prohibition on charges for meals received at military treatment facilities by members receiving continuous care.

Sec. 603. Equitable treatment of senior enlisted members in computation of basic allowance for housing.

Sec. 604. Increase in maximum authorized payment or reimbursement amount for temporary lodging expenses.

Sec. 605. Availability of portion of a second family separation allowance for married couples with dependents.

Sec. 606. Stabilization of pay and allowances for senior enlisted members and warrant officers appointed as officers and officers reappointed in a lower grade.

Sec. 607. Extension of authority for income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.

Sec. 608. Guaranteed pay increase for members of the Armed Forces of one-half of one percentage point higher than Employment Cost Index.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces.

Sec. 612. Extension of certain bonus and special pay authorities for health care professionals.

Sec. 613. Extension of special pay and bonus authorities for nuclear officers.

Sec. 614. Extension of authorities relating to payment of other title 37 bonuses and special pays.

Sec. 615. Extension of authorities relating to payment of referral bonuses.

Sec. 616. Increase in maximum bonus and stipend amounts authorized under Nurse Officer Candidate Accession Program.

Sec. 617. Maximum length of nuclear officer incentive pay agreements for service.

Sec. 618. Technical changes regarding consolidation of special pay, incentive pay, and bonus authorities of the uniformed services.

Sec. 619. Use of new skill incentive pay and proficiency bonus authorities to encourage training in critical foreign languages and foreign cultural studies.

Sec. 620. Temporary targeted bonus authority to increase direct accessions of officers in certain health professions.

Subtitle C—Travel and Transportation Allowances

Sec. 631. Increased weight allowance for transportation of baggage and household effects for certain enlisted members.

Sec. 632. Additional weight allowance for transportation of materials associated with employment of a member’s spouse or community support volunteer or charity activities.

Sec. 633. Transportation of family pets during evacuation of nonessential personnel.

Subtitle D—Retired Pay and Survivor Benefits

Sec. 641. Equity in computation of disability retired pay for reserve component members wounded in action.

Sec. 642. Effect of termination of subsequent marriage on payment of Survivor Benefit Plan annuity to surviving spouse or former spouse who previously transferred annuity to dependent children.

Sec. 643. Extension to survivors of certain members who die on active duty of special survivor indemnity allowance for persons affected by required Survivor Benefit Plan annuity offset for dependency and indemnity compensation.

Sec. 644. Election to receive retired pay for non-regular service upon retirement for service in an active reserve status performed after attaining eligibility for regular retirement.

Sec. 645. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement.

Sec. 646. Correction of unintended reduction in survivor benefit plan annuities due to phased elimination of two-tier annuity computation and supplemental annuity.

Sec. 647. Presumption of death for participants in Survivor Benefit Plan in missing status.

Sec. 648. Eligibility for disability retired pay and separation pay of certain former cadets and midshipmen with prior enlisted service.

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

Sec. 651. Use of commissary stores surcharges derived from temporary commissary initiatives for reserve components and retired members.

Sec. 652. Requirements for private operation of commissary store functions.

Sec. 653. Additional exception to limitation on use of appropriated funds for Department of Defense golf courses.

Sec. 654. Enhanced enforcement of prohibition on sale or rental of sexually explicit material on military installations.

Sec. 655. Requirement to buy military decorations, ribbons, badges, medals, insignia, and other uniform accouterments produced in the United States.

Sec. 656. Use of appropriated funds to pay post allowances or overseas cost of living allowances to nonappropriated fund instrumentality employees serving overseas.

Sec. 657. Study regarding sale of alcoholic wine and beer in commissary stores in addition to exchange stores.

Subtitle F—Other Matters

Sec. 661. Bonus to encourage Army personnel and other persons to refer persons for enlistment in the Army.

Sec. 662. Continuation of entitlement to bonuses and similar benefits for members of the uniformed services who die, are separated or retired for disability, or meet other criteria.

Sec. 663. Providing injured members of the Armed Forces information concerning benefits.

Sec. 664.  Postal benefits program for members of the Armed Forces serving in Iraq or Afghanistan.

Title VII—Health Care Provisions

Subtitle A—Improvements to Health Benefits

Sec. 701. One-year extension of prohibition on increases in certain health care costs for members of the uniformed services.

Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program.

Sec. 703. Prohibition on conversion of military medical and dental positions to civilian medical and dental positions.

Sec. 704. Chiropractic health care for members on active duty.

Sec. 705. Requirement to recalculate TRICARE Reserve Select premiums based on actual cost data.

Sec. 706. Program for health care delivery at military installations projected to grow.

Sec. 707. Guidelines for combined Federal medical facilities.

Sec. 708. Reserve component behavioral health care provider locator and appointment assistance demonstration project.

Subtitle B—Preventive Care

Sec. 711. Waiver of copayments for preventive services for certain TRICARE beneficiaries.

Sec. 712. Military health risk management demonstration project.

Sec. 713. Smoking cessation program under TRICARE.

Sec. 714. Preventive health allowance.

Subtitle C—Wounded Warrior Matters

Sec. 721. Center of excellence in prevention, diagnosis, mitigation, treatment, and rehabilitation of hearing loss and auditory system injuries.

Sec. 722.  Clarification to center of excellence relating to military eye injuries.

Sec. 723. National Casualty Care Research Center.

Sec. 724. Peer-reviewed research program on extremity war injuries.

Sec. 725. Review of policies and processes related to the delivery of mail to wounded members of the Armed Forces.

Sec. 726. Post-deployment mental health screening demonstration project.

Subtitle D—Other Matters

Sec. 731. Report on stipend for members of reserve components for health care for certain dependents.

Sec. 732. Report on providing the Extended Care Health Option Program to autistic dependents of military retirees.

Sec. 733. Sense of Congress regarding autism therapy services.

Sec. 734. Report on implementation of recommendations contained in report on health effects of exposure to depleted uranium.

Sec. 735. Suicide Risk by Military Occupation.

Sec. 736. Implementation of recommendations of Department of Defense Mental Health Task Force.

Sec. 737. Transitional health care for certain members of the Armed Forces who agree to serve in the Selected Reserve of the Ready Reserve.

Title VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Policy and Management

Sec. 801. Review of impact of illegal subsidies on acquisition of KC–45 aircraft.

Sec. 802. Assessment of urgent operational needs fulfillment.

Sec. 803. Preservation of tooling for major defense acquisition programs.

Sec. 804. Prohibition on procurement from beneficiaries of foreign subsidies.

Sec. 805. Domestic industrial base considerations during source selection.

Sec. 806. Commercial software reuse preference.

Sec. 807. Comprehensive proposal analysis required during source selection.

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

Sec. 811. Acquisition workforce expedited hiring authority.

Sec. 812. Definition of system for Defense Acquisition Challenge Program.

Sec. 813. Career path and other requirements for military personnel in the acquisition field.

Sec. 814. Technical data rights for non-FAR agreements.

Sec. 815. Clarification that cost accounting standards apply to Federal contracts performed outside the United States.

Subtitle C—Provisions relating to inherently governmental functions

Sec. 821. Policy on personal conflicts of interest by employees of Department of Defense contractors.

Sec. 822. Development of guidance on personal services contracts.

Sec. 823. Limitation on performance of product support integrator functions.

Sec. 824. Performance by private security contractors of inherently governmental functions in an area of combat operations.

Subtitle D—Defense Industrial Security

Sec. 831. Requirements relating to facility clearances.

Sec. 832. Foreign ownership control or influence.

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

Subtitle E—Other Matters

Sec. 841. Clarification of status of Government rights in the designs of department of defense vessels, boats, and craft, and components thereof.

Sec. 842. Expansion of authority to retain fees from licensing of intellectual property.

Sec. 843. Transfer of sections of title 10 relating to Milestone A and Milestone B for clarity.

Sec. 844. Earned value management study and report.

Sec. 845. Report on market research.

Sec. 846. System development and demonstration benchmark report.

Sec. 847. Additional matters required to be reported by contractors performing security functions in areas of combat operations.

Sec. 848. Report relating to munitions.

Sec. 849. Additional contractor requirements and responsibilities relating to alleged crimes by or against contractor personnel in Iraq and Afghanistan.

Sec. 850. Requirement for Department of Defense to adopt an acquisition strategy for Defense Base Act insurance.

Sec. 851. Motor carrier fuel surcharges.

Sec. 852. Requirement for defense contract clause prohibiting certain uses of foreign shell companies.

Title IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A—Department of Defense Management

Sec. 901. Revisions in functions and activities of special operations command.

Sec. 902. Requirement to designate officials for irregular warfare.

Sec. 903. Plan required for personnel management of special operations forces.

Sec. 904. Director of Operational Energy Plans and Programs.

Sec. 905. Corrosion control and prevention executives for the military departments.

Sec. 906. Alignment of Deputy Chief Management Officer responsibilities.

Sec. 907. Requirement for the Secretary of Defense to prepare a strategic plan to enhance the role of the National Guard and Reserves.

Sec. 908. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps.

Sec. 909. Support to Committee review.

Subtitle B—Space Activities

Sec. 911. Extension of authority for pilot program for provision of space surveillance network services to non-United States Government entities.

Sec. 912. Investment and acquisition strategy for commercial satellite capabilities.

Subtitle C—Chemical Demilitarization Program

Sec. 921. Chemical Demilitarization Citizens Advisory Commissions in Colorado and Kentucky.

Sec. 922. Prohibition on transport of hydrolysate at Pueblo Chemical Depot, Colorado.

Subtitle D—Intelligence-Related Matters

Sec. 931. Technical changes following the redesignation of National Imagery and Mapping Agency as National Geospatial-Intelligence Agency.

Sec. 932. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 2004.

Sec. 933. Technical amendments relating to the Associate Director of the CIA for Military Affairs.

Subtitle E—Other Matters

Sec. 941. Department of Defense School of Nursing revisions.

Sec. 942. Amendments of authority for regional centers for security studies.

Sec. 943. Findings and Sense of Congress regarding the Western Hemisphere Institute for Security Cooperation.

Sec. 944. Restriction on obligation of funds for United States Southern Command development assistance activities.

Sec. 945. Authorization of non-conventional assisted recovery capabilities.

Sec. 946. Report on United States Northern Command development of interagency plans and command and control relationships.

Sec. 947. Report on National Guard resource requirements.

Title X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Requirement for separate display of budget for Afghanistan.

Sec. 1003. Requirement for separate display of budget for Iraq.

Sec. 1004. One-time shift of military retirement payments.

Sec. 1005. Management of purchase cards.

Subtitle B—Policy Relating to Vessels and Shipyards

Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas.

Sec. 1012. Report on repair of naval vessel in foreign shipyards.

Sec. 1013. Policy relating to major combatant vessels of the strike forces of the United States Navy.

Sec. 1014. National Defense Sealift Fund amendments.

Sec. 1015. Report on contributions to the domestic supply of steel and other metals from scrapping of certain vessels.

Subtitle C—Counter-Drug Activities

Sec. 1021. Continuation of reporting requirement regarding Department of Defense expenditures to support foreign counter-drug activities.

Sec. 1022. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.

Sec. 1023. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and continuation of numerical limitation on assignment of United States personnel.

Sec. 1024. Expansion and extension of authority to provide additional support for counter-drug activities of certain foreign governments.

Sec. 1025. Comprehensive Department of Defense strategy for counter-narcotics efforts for West Africa and the Maghreb.

Sec. 1026. Comprehensive Department of Defense strategy for counter-narcotics efforts in South and Central Asian regions.

Subtitle D—Boards and Commissions

Sec. 1031. Strategic Communication Management Board.

Sec. 1032. Extension of certain dates for Congressional Commission on the Strategic Posture of the United States.

Sec. 1033. Extension of Commission to Assess the Threat to the United States from Electromagnetic Pulse (EMP) Attack.

Subtitle E—Studies and Reports

Sec. 1041. Report on corrosion control and prevention.

Sec. 1042. Study on using Modular Airborne Fire Fighting Systems (MAFFS) in a Federal response to wildfires.

Sec. 1043. Study on rotorcraft survivability.

Sec. 1044. Studies to analyze alternative models for acquisition and funding of inter-connected cyberspace systems.

Sec. 1045. Report on nonstrategic nuclear weapons.

Sec. 1046. Study on national defense implications of section 1083.

Sec. 1047. Report on methods Department of Defense utilizes to ensure compliance with Guam tax and licensing laws.

Sec. 1048. Study on methods to verifiably reduce the likelihood of accidental nuclear launch.

Subtitle F—Congressional Recognitions

Sec. 1051. Sense of Congress honoring the Honorable Duncan Hunter.

Sec. 1052. Sense of Congress in honor of the Honorable Jim Saxton, a Member of the House of Representatives.

Sec. 1053. Sense of Congress honoring the Honorable Terry Everett.

Sec. 1054. Sense of Congress honoring the Honorable Jo Ann Davis.

Subtitle G—Other Matters

Sec. 1061. Amendment to annual submission of information regarding information technology capital assets.

Sec. 1062. Restriction on Department of Defense relocation of missions or functions from Cheyenne Mountain Air Force Station.

Sec. 1063. Technical and clerical amendments.

Sec. 1064. Submission to Congress of revision to regulation on enemy prisoners of war, retained personnel, civilian internees, and other detainees.

Sec. 1065. Authorization of appropriations for payments to Portuguese nationals employed by the Department of Defense.

Sec. 1066. State Defense Force Improvement.

Sec. 1067. Barnegat Inlet to Little Egg Inlet, New Jersey.

Sec. 1068. Sense of Congress regarding the roles and missions of the Department of Defense and other national security institutions.

Sec. 1069. Sense of Congress relating to 2008 supplemental appropriations.

Sec. 1070. Sense of Congress regarding defense requirements of the United States.

Sec. 1071. Standing Advisory Panel on Improving Integration between the Department of Defense, the Department of State, and the United States Agency for International Development on Matters of National Security.

Sec. 1072. Nonapplicability of the Federal Advisory Committee Act to the Congressional Commission on the Strategic Posture of the United States.

Sec. 1073. Study and report on use of power management software.

Sec. 1074. Comprehensive Interagency Strategy for Strategic Communication and Public Diplomacy Activities of the Federal Government.

Sec. 1075. Prohibitions relating to propaganda.

Sec. 1076. Use of runway at NASJRB Willow Grove, Pennsylvania.

Sec. 1077. Prohibition on interrogation of detainees by contractor personnel.

Sec. 1078. Requirement for videotaping or otherwise electronically recording strategic intelligence interrogations of persons in the custody of or under the effective control of the Department of Defense.

Sec. 1079. Public disclosure of names of students and instructors at Western Hemisphere Institute for Security Cooperation.

Title XI—Civilian Personnel Matters

Sec. 1101. Temporary authority to waive limitation on premium pay for Federal employees.

Sec. 1102. Extension of authority to make lump-sum severance payments.

Sec. 1103. Extension of voluntary reduction-in-force authority of Department of Defense.

Sec. 1104. Technical amendment to definition of professional accounting position.

Sec. 1105. Expedited hiring authority for health care professionals.

Sec. 1106. Authority to adjust certain limitations on personnel and reports on such adjustments.

Sec. 1107. Temporary discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone.

Sec. 1108. Requirement relating to furloughs during the time of a contingency operation.

Sec. 1109. Direct hire authority for certain positions at personnel demonstration laboratories.

Sec. 1110. Status reports relating to laboratory personnel demonstration projects.

Title XII—Matters Relating to Foreign Nations

Subtitle A—Assistance and training

Sec. 1201. Extension of authority to build the capacity of the Pakistan Frontier Corps.

Sec. 1202. Military-to-military contacts and comparable activities.

Sec. 1203. Enhanced authority to pay incremental expenses for participation of developing countries in combined exercises.

Sec. 1204. Extension of temporary authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability.

Sec. 1205. One-year extension of authority for distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability.

Sec. 1206. Modification and extension of authorities relating to program to build the capacity of foreign military forces.

Sec. 1207. Extension of authority for security and stabilization assistance.

Sec. 1208. Authority for support of special operations to combat terrorism.

Sec. 1209. Regional Defense Combating Terrorism Fellowship Program.

Subtitle B—Matters relating to Iraq and Afghanistan

Sec. 1211. Limitation on availability of funds for certain purposes relating to Iraq.

Sec. 1212. Report on status of forces agreements between the United States and Iraq.

Sec. 1213. Strategy for United States-led Provincial Reconstruction Teams in Iraq.

Sec. 1214. Commanders’ Emergency Response Program.

Sec. 1215. Performance monitoring system for United States-led Provincial Reconstruction Teams in Afghanistan.

Sec. 1216. Report on command and control structure for military forces operating in Afghanistan.

Sec. 1217. Report on enhancing security and stability in the region along the border of Afghanistan and Pakistan.

Sec. 1218. Study and report on Iraqi police training teams.

Sec. 1219. Declaration of policy relating to status of forces agreements between the United States and Iraq.

Sec. 1220. Limitation on certain status of forces agreements between the United States and Iraq.

Sec. 1221. Report on long-term costs of Operation Iraqi Freedom and Operation Enduring Freedom.

Subtitle C—Other matters

Sec. 1221. Payment of personnel expenses for multilateral cooperation programs.

Sec. 1222. Extension of Department of Defense authority to participate in multinational military centers of excellence.

Sec. 1223. Study of limitation on classified contracts with foreign companies engaged in space business with China.

Sec. 1224. Requirement to update National Intelligence Estimate on Iran’s nuclear intentions and capabilities.

Sec. 1225. Employment for resettled Iraqis.

Title XIII—COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.

Sec. 1302. Funding allocations.

Title XIV—OTHER AUTHORIZATIONS

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. National Defense Sealift Fund.

Sec. 1403. Defense Health Program.

Sec. 1404. Chemical agents and munitions destruction, Defense.

Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1406. Defense Inspector General.

Subtitle B—National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.

Sec. 1412. Revisions to previously authorized disposals from the National Defense Stockpile.

Subtitle C—Armed Forces Retirement Home

Sec. 1421. Armed Forces Retirement Home.

Subtitle D—Inapplicability of Executive Order No. 13457

Sec. 1431. Inapplicability of Executive Order No. 13457.

Title XV—Authorization of Additional Appropriations for Operation Iraqi Freedom and Operation Enduring Freedom

Sec. 1501. Purpose.

Sec. 1502. Army procurement.

Sec. 1503. Navy and Marine Corps procurement.

Sec. 1504. Air Force procurement.

Sec. 1505. Defense-wide activities procurement.

Sec. 1506. Rapid acquisition fund.

Sec. 1507. Joint Improvised Explosive Device Defeat Fund.

Sec. 1508. Limitation on obligation of funds for the Joint Improvised Explosive Devices Defeat Organization pending notification to Congress.

Sec. 1509. Research, development, test, and evaluation.

Sec. 1510. Operation and maintenance.

Sec. 1511. Other Department of Defense programs.

Sec. 1512. Iraq Security Forces Fund.

Sec. 1513. Afghanistan Security Forces Fund.

Sec. 1514. Military personnel.

Sec. 1515. Mine Resistant Ambush Protected Vehicle Fund.

Sec. 1516. Special transfer authority.

Sec. 1517. Treatment as additional authorizations.

Title XVI—Reconstruction and Stabilization Civilian Management

Sec. 1601. Short title.

Sec. 1602. Findings.

Sec. 1603. Definitions.

Sec. 1604. Authority to provide assistance for reconstruction and stabilization crises.

Sec. 1605. Reconstruction and stabilization.

Sec. 1606. Authorities related to personnel.

Sec. 1607. Reconstruction and stabilization strategy.

Sec. 1608. Annual reports to Congress.

Division B—Military construction authorizations

Sec. 2001. Short title.

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

Title XXI—Army

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Modification of authority to carry out certain fiscal year 2008 projects.

Sec. 2106. Modification of authority to carry out certain fiscal year 2007 projects.

Sec. 2107. Extension of authorizations of certain fiscal year 2006 projects.

Sec. 2108. Extension of authorization of certain fiscal year 2005 project.

Title XXII—Navy

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification of authority to carry out certain fiscal year 2005 project.

Sec. 2206. Modification of authority to carry out certain fiscal year 2007 projects.

Sec. 2207. Report on impacts of surface ship homeporting alternatives.

Title XXIII—Air Force

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Extension of authorizations of certain fiscal year 2006 projects.

Sec. 2306. Extension of authorizations of certain fiscal year 2005 projects.

Title XXIV—Defense Agencies

Subtitle A—Defense agency authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Modification of authority to carry out certain fiscal year 2007 project.

Sec. 2405. Modification of authority to carry out certain fiscal year 2005 projects.

Sec. 2406. Extension of authorization of certain fiscal year 2006 project.

Subtitle B—Chemical Demilitarization authorizations

Sec. 2411. Authorized chemical demilitarization program construction and land acquisition projects.

Sec. 2412. Authorization of appropriations, chemical demilitarization construction, defense-wide.

Sec. 2413. Modification of authority to carry out certain fiscal year 1997 project.

Sec. 2414. Modification of authority to carry out certain fiscal year 2000 project.

Title XXV—North atlantic Treaty Organization Security Investment Program

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

Title XXVI—Guard and Reserve Forces Facilities

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603.  Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Sec. 2607. Extension of authorizations of certain fiscal year 2006 projects.

Sec. 2608. Extension of Authorization of certain fiscal year 2005 project.

Title XXVII—Base Closure and Realignment Activities

Subtitle A—Authorizations

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

Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005.

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

Subtitle B—Amendments to Base Closure and Related Laws

Sec. 2711. Repeal of commission approach for development of recommendations in any future round of base closures and realignments.

Sec. 2712. Modification of annual base closure and realignment reporting requirements.

Sec. 2713. Technical corrections regarding authorized cost and scope of work variations for military construction and military family housing projects related to base closures and realignments.

Subtitle C—Other Matters

Sec. 2721. Conditions on closure of Walter Reed Army Medical Hospital and relocation of operations to National Naval Medical Center and Fort Belvoir.

Sec. 2722. Report on use of BRAC properties as sites for refineries or nuclear power plants.

Title XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program and Military Family Housing Changes

Sec. 2801. Incorporation of principles of sustainable design in documents submitted as part of proposed military construction projects.

Sec. 2802. Extension of authority to use operation and maintenance funds for construction projects outside the United States.

Sec. 2803. Revision of maximum lease amount applicable to certain domestic Army family housing leases to reflect previously made annual adjustments in amount.

Sec. 2804. Use of military family housing constructed under build and lease authority to house members without dependents.

Sec. 2805. Lease of military family housing to the Secretary of Defense for use as residence.

Sec. 2806. Repeal of reporting requirement in connection with installation vulnerability assessments.

Sec. 2807. Modification of alternative authority for acquisition and improvement of military housing.

Sec. 2808. Report on capturing housing privatization best practices.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Clarification of exceptions to congressional reporting requirements for certain real property transactions.

Sec. 2812. Authority to lease non-excess property of military departments and Defense Agencies.

Sec. 2813. Modification of utility system conveyance authority.

Sec. 2814. Permanent authority to purchase municipal services for military installations in the United States.

Sec. 2815. Defense access roads.

Sec. 2816. Protecting private property rights during Department of Defense land acquisitions.

Subtitle C—Provisions Related to Guam Realignment

Sec. 2821. Guam Defense Policy Review Initiative Account.

Sec. 2822. Sense of Congress regarding use of Special Purpose Entities for military housing related to Guam realignment.

Sec. 2823. Sense of Congress regarding Federal assistance to Guam.

Sec. 2824. Comptroller General report regarding interagency requirements related to Guam realignment.

Sec. 2825. Energy and environmental design initiatives in Guam military construction and installations.

Sec. 2826. Department of Defense Inspector General report regarding Guam realignment.

Sec. 2827. Eligibility of the Commonwealth of the Northern Mariana Islands for military base reuse studies and community planning assistance.

Sec. 2828. Prevailing wage applicable to Guam.

Sec. 2829. Port of Guam Improvement Enterprise Program.

Subtitle D—Energy Security

Sec. 2841. Certification of enhanced use leases for energy-related projects.

Sec. 2842. Annual report on Department of Defense installations energy management.

Subtitle E—Land Conveyances

Sec. 2851. Land conveyance, former Naval Air Station, Alameda, California.

Sec. 2852. Land conveyance, Norwalk Defense Fuel Supply Point, Norwalk, California.

Sec. 2853. Land conveyance, former Naval Station, Treasure Island, California.

Sec. 2854. Condition on lease involving Naval Air Station, Barbers Point, Hawaii.

Sec. 2855. Land conveyance, Sergeant First Class M.L. Downs Army Reserve Center, Springfield, Ohio.

Sec. 2856. Land conveyance, John Sevier Range, Knox County, Tennessee.

Sec. 2857. Land conveyance, Bureau of Land Management land, Camp Williams, Utah.

Sec. 2858. Land conveyance, Army property, Camp Williams, Utah.

Sec. 2859. Extension of Potomac Heritage National Scenic Trail through Fort Belvoir, Virginia.

Sec. 2860. Transfer of administrative jurisdiction, decommissioned Naval Security Group Activity, Skaggs Island, California.

Subtitle F—Other Matters

Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to Arlington National Cemetery.

Sec. 2872. Decontamination and use of former bombardment area on island of Culebra.

Sec. 2873. Acceptance and use of gifts for construction of additional building at National Museum of the United States Air Force, Wright-Patterson Air Force Base.

Sec. 2874. Establishment of memorial to American Rangers at Fort Belvoir, Virginia.

Sec. 2875. Lease involving pier on Ford Island, Pearl Harbor Naval Base, Hawaii.

Sec. 2876. Naming of health facility, Fort Rucker, Alabama.

Title XXIX—Additional War-Related and Emergency Military Construction Authorizations for Fiscal Year 2008

Sec. 2901. Authorized Army construction and land acquisition projects.

Sec. 2902. Authorized Navy construction and land acquisition projects.

Sec. 2903. Authorized Air Force construction and land acquisition projects.

Sec. 2904. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2905. Termination of authority to carry out fiscal year 2008 Army projects for which funds were not appropriated.

Division C—Department of Energy National Security Authorizations and Other Authorizations

Title XXXI—Department of Energy National Security Programs

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Sec. 3105. Energy security and assurance.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Utilization of international contributions to the Russian plutonium disposition program.

Sec. 3112. Extension of deadline for Comptroller General report on Department of Energy protective force management.

Sec. 3113. Enhancing nuclear forensics capabilities.

Title XXXII—Defense Nuclear Facilities Safety Board

Sec. 3201. Authorization.

Title XXXIV—Naval Petroleum Reserves

Sec. 3401. Authorization of appropriations.

Title XXXV—Maritime Administration

Sec. 3501. Authorization of appropriations for fiscal year 2009.

Sec. 3502. Limitation on export of vessels owned by the Government of the United States for the purpose of dismantling, recycling, or scrapping.

Sec. 3503. Student incentive payment agreements.

Sec. 3504. Riding gang member requirements.

Sec. 3505. Maintenance and Repair Reimbursement Program for the Maritime Security Fleet.

Sec. 3506. Temporary program authorizing contracts with adjunct professors at the United States Merchant Marine Academy.

Division D—Governmentwide Acquisition Improvements

Sec. 4001. Short title.

Title XLI—Enhanced Competition

Sec. 4101. Minimizing sole-source contracts.

Sec. 4102. Limitation on length of certain noncompetitive contracts.

Sec. 4103. Requirement for purchase of property and services pursuant to multiple award contracts.

Title XLII—Curbing Abuse-Prone Contracts

Sec. 4201. Regulations to minimize the inappropriate use of cost-reimbursement contracts.

Sec. 4202. Preventing abuse of interagency contracts.

Sec. 4203. Prohibitions on the use of lead systems integrators.

Sec. 4204. Regulations on excessive pass-through charges.

Sec. 4205. Linking of award and incentive fees to acquisition outcomes.

Sec. 4206. Minimizing abuse of commercial services item authority.

Title XLIII—Acquisition Workforce

Sec. 4301. Acquisition workforce development fund.

Sec. 4302. Contingency contracting corps.

Title XLIV—Anti-Fraud Provisions

Sec. 4401. Protection for contractor employees from reprisal for disclosure of certain information.

Sec. 4402. Mandatory Fraud Reporting.

Sec. 4403. Access of General Accounting Office to Contractor Employees.

Sec. 4404. Preventing conflicts of interest.

Title XLV—Enhanced Contract Transparency

Sec. 4501. Disclosure of CEO salaries.

Sec. 4502. Database for contracting officers and suspension and debarment officials.

Sec. 4503. Review of database.

Sec. 4504. Disclosure in applications.

Sec. 4505. Role of interagency committee.

Sec. 4506. Authorization of independent agencies.

Sec. 4507. Authorization of appropriations.

Sec. 4508. Report to Congress.

Sec. 4509. Improvements to the Federal procurement data system.

Sec. 4510. Protection of child custody arrangements for parents who are members of the armed forces deployed in support of a contingency operation.

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.

A

Department of Defense Authorizations

I

Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. National Guard and Reserve equipment.

Sec. 106. Rapid Acquisition Fund.

Subtitle B—Army Programs

Sec. 111. Separate procurement line items for Future Combat Systems program.

Sec. 112. Restriction on contract awards for major elements of the Future Combat Systems program.

Sec. 113. Restriction on obligation of funds for Army tactical radio pending report.

Sec. 114. Restriction on obligation of procurement funds for Armed Reconnaissance Helicopter program pending certification.

Subtitle C—Navy Programs

Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt.

Sec. 122. Applicability of previous teaming agreements for Virginia-class submarine program.

Sec. 123. Littoral Combat Ship (LCS) program.

Sec. 124. Report on F/A–18 procurement costs, comparing multiyear to annual.

Subtitle D—Air Force Programs

Sec. 131. Limitation on retiring C–5 aircraft.

Sec. 132. Maintenance of retired KC–135E aircraft.

Sec. 133. Repeal of multi-year contract authority for procurement of tanker aircraft.

Sec. 134. Report on processes used for requirements development for KC–(X).

Subtitle E—Joint and Multiservice Matters

Sec. 141. Body armor acquisition strategy.

Sec. 142. Small arms acquisition strategy and requirements review.

Sec. 143. Requirement for common ground stations and payloads for manned and unmanned aerial vehicles.

Sec. 144. Report on Future Jet carrier trainer Requirements of the Navy.

A

Authorization of Appropriations

101.

Army

Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Army as follows:

(1)

For aircraft, $4,912,735,000.

(2)

For missiles, $2,201,460,000.

(3)

For weapons and tracked combat vehicles, $3,539,177,000.

(4)

For ammunition, $2,294,791,000.

(5)

For other procurement, $11,201,876,000.

102.

Navy and Marine Corps

(a)

Navy

Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Navy as follows:

(1)

For aircraft, $14,627,274,000.

(2)

For weapons, including missiles and torpedoes, $3,575,482,000.

(3)

For shipbuilding and conversion, $12,917,919,000.

(4)

For other procurement, $5,461,926,000.

(b)

Marine Corps

Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Marine Corps in the amount of $1,296,327,000.

(c)

Navy and Marine Corps Ammunition

Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement of ammunition for the Navy and the Marine Corps in the amount of $1,122,712,000.

103.

Air Force

Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Air Force as follows:

(1)

For aircraft, $12,618,665,000.

(2)

For ammunition, $934,478,000.

(3)

For missiles, $5,536,728,000.

(4)

For other procurement, $16,134,896,000.

104.

Defense-wide activities

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

105.

National Guard and Reserve equipment

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

106.

Rapid Acquisition Fund

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

B

Army Programs

111.

Separate procurement line items for Future Combat Systems program

Effective for fiscal year 2010 and for each fiscal year thereafter, the Secretary of Defense shall ensure that, in each budget submission to the President, a separate, dedicated procurement line item is designated for each of the following elements of the Future Combat Systems (FCS) program, to the extent the budget submission includes funding for such elements:

(1)

FCS Manned Ground Vehicles.

(2)

FCS Unmanned Ground Vehicles.

(3)

FCS Unmanned Aerial Systems.

(4)

FCS Unattended Ground Systems.

(5)

Other FCS elements.

112.

Restriction on contract awards for major elements of the Future Combat Systems program

(a)

Contracting restricted

For fiscal year 2009 and any fiscal year thereafter, the Secretary of Defense and the Secretary of the Army may not award a contract for low-rate initial production or full-rate production of major elements of the Future Combat Systems program to any entity that is under contract to perform the role of lead systems integrator for the Future Combat Systems program.

(b)

Inapplicability to non-line of sight cannon

Subsection (a) does not apply to contracts entered into in fiscal year 2009 or fiscal year 2010 for procurement of Non-Line of Sight Cannon vehicles.

(c)

Inapplicability to equipment procured through selected acquisition methods

Subsection (a) does not apply to elements of the Future Combat Systems program—

(1)

acquired through the Army Rapid Equipping Force program;

(2)

acquired through the Joint Improved Explosive Device Defeat Organization; or

(3)

acquired specifically to address an Operational Needs Statement or Joint Urgent Operational Needs Statement.

(d)

Definitions

In this section:

(1)

The term major elements of the Future Combat Systems program includes—

(A)

Future Combat Systems Manned Ground Vehicles;

(B)

Future Combat Systems Unmanned Ground Vehicles;

(C)

Future Combat Systems Unmanned Aerial Vehicles;

(D)

Future Combat Systems Non-Line of Sight Missile Launchers;

(E)

Future Combat Systems Unattended Ground Sensors; and

(F)

Future Combat Systems equipment to upgrade vehicles and other equipment in the Army inventory as of October 1, 2008.

(2)

The term lead systems integrator has the meaning given such term in section 802(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181).

113.

Restriction on obligation of funds for Army tactical radio pending report

(a)

Report required

The Assistant Secretary of Defense for Networks and Information Integration shall submit to the congressional defense committees a report on Army tactical radio fielding plans by March 30, 2009. This report shall include, at a minimum, the following:

(1)

A description of the Army tactical radio fielding strategy, including a description of the overall mix of tactical radio systems and how they integrate to provide communications and network capability.

(2)

A detailed description of the current and future mix of radios for Army infantry brigade combat teams, heavy brigade combat teams, Stryker brigade combat teams, and Future Combat Systems brigade combat teams.

(3)

A description of the current and future mix of radios for Army support brigades, headquarters elements, and training base.

(4)

A description of the Army's plan to integrate joint tactical radio system radios, including the number of each type of joint tactical radio the Army plans to procure.

(5)

An assessment of the total cost of the Army's tactical radio fielding strategy, including future procurement of joint tactical radio systems.

(b)

Restriction on obligation of funds pending report

Of the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for fiscal year 2009 for Other Procurement, Army, for tactical radio systems, not more than 75 percent may be obligated or expended until 30 days after the report required by subsection (a) is received by the congressional defense committees.

114.

Restriction on obligation of procurement funds for Armed Reconnaissance Helicopter program pending certification

(a)

Certification required

The Under Secretary of Defense for Acquisition, Technology, and Logistics shall certify to the congressional defense committees that the Army Reconnaissance Helicopter has—

(1)

satisfactorily completed a Limited User Test; and

(2)

been approved to enter Milestone C.

(b)

Restriction on obligation of funds pending certification

Of the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for fiscal year 2009 for aircraft procurement, Army, for the Armed Reconnaissance Helicopter, not more than 20 percent may be obligated until 30 days after the certification required by subsection (a) is received by the congressional defense committees.

C

Navy Programs

121.

Refueling and complex overhaul of the U.S.S. Theodore Roosevelt

(a)

Amount authorized from SCN account

Of the amount appropriated pursuant to the authorization of appropriations in section 102 or otherwise made available for shipbuilding, conversion, and repair, Navy, for fiscal year 2009, $124,500,000 is available for the commencement of the nuclear refueling and complex overhaul of the U.S.S. Theodore Roosevelt (CVN–71) during fiscal year 2009. The amount made available in the preceding sentence is the first increment in the three-year funding planned for the nuclear refueling and complex overhaul of that vessel.

(b)

Contract authority

The Secretary of the Navy is authorized to enter into a contract during fiscal year 2009 for the nuclear refueling and overhaul of the U.S.S. Theodore Roosevelt (CVN–71).

(c)

Condition for out-year contract payments

A contract entered into under subsection (b) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2009 is subject to the availability of appropriations for that purpose for that later fiscal year.

122.

Applicability of previous teaming agreements for Virginia-class submarine program

Section 121 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) is amended in subsection (b)—

(1)

in paragraph (1) by striking and at the end;

(2)

in paragraph (2) by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(3)

the Secretary submits to the congressional defense committees a certification that the contract will be awarded to either the General Dynamics Electric Boat Division or the Northrop Grumman Newport News Shipbuilding Division, with the other contractor as the primary subcontractor to the contract, in accordance with the Team Agreement between the two companies, dated February 16, 1997, which was submitted to the Congress on March 31, 1997.

.

123.

Littoral Combat Ship (LCS) program

Section 124 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3157), as amended by section 125 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 29), is amended in subsection (d) by adding at the end the following:

(3)

The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2007. However, in the case of a vessel the procurement of which is funded from amounts appropriated pursuant to an authorization of appropriations or otherwise made available for fiscal year 2008 or 2009, the amount of such an increase for such a vessel may not exceed $10,000,000.

(4)

The amounts of increases or decreases in costs of that vessel that are attributable to insertion of new technology into that vessel, as compared to the technology built into the first and second vessels, respectively, of the Littoral Combat Ship (LCS) class of vessels. However, the Secretary of the Navy may make an adjustment under this paragraph only if—

(A)

the Secretary of the Navy determines, and certifies to the congressional defense committees, that insertion of the new technology would lower the life-cycle cost of the vessel; or

(B)

(i)

the Secretary of the Navy determines, and certifies to the congressional defense committees, that insertion of the new technology is required to meet an emerging threat; and

(ii)

the Secretary of Defense certifies to those committees that such threat poses grave harm to national security.

.

124.

Report on F/A–18 procurement costs, comparing multiyear to annual

(a)

In general

Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on F/A–18 procurement. The report shall include the following:

(1)

The number of F/A–18E/F and EA–18G aircraft programmed for procurement for fiscal years 2010 through 2015.

(2)

The estimated procurement costs for those aircraft, if procured through annual procurement contracts.

(3)

The estimated procurement costs for those aircraft, if procured through a multiyear procurement contract.

(4)

The estimated savings that could be derived from the procurement of those aircraft through a multiyear procurement contract, and whether the Secretary considers the amount of those savings to be substantial.

(5)

A discussion comparing the costs and benefits of obtaining those aircraft through annual procurement contracts with the costs and benefits of obtaining those aircraft through a multiyear procurement contract.

(6)

The recommendations of the Secretary as to whether Congress should authorize a multiyear procurement contract for those aircraft.

(b)

Certifications required

Should the Secretary recommend under subsection (a)(6) that Congress authorize a multiyear procurement contract for the aircraft, the Secretary shall accompany the recommendation with the certifications required by section 2306b of title 10, United States Code, so as to enable to award of a multiyear procurement contract beginning with fiscal year 2010.

(c)

Funding

Subject to the availability of appropriations, the Secretary of the Navy may obligate up to $100,000,000 of the amount authorized for procurement of F/A–18E/F or EA–18G aircraft for cost reduction initiatives (CRI) in fiscal year 2009. Such CRI funding may be applied to either single year or multiyear procurements of F/A–18 aircraft.

D

Air Force Programs

131.

Limitation on retiring C–5 aircraft

(a)

Certification and cost analysis required

The Secretary of the Air Force may not retire C–5A aircraft from the inventory of the Air Force in any number that would reduce the total number of such aircraft in the inventory below 111 until 45 days after the Secretary of the Air Force submits to the congressional defense committees the following:

(1)

The Secretary’s certification that retiring the aircraft will not significantly increase operational risk of not meeting the National Defense Strategy.

(2)

A cost analysis with respect to the aircraft to be retired that—

(A)

evaluates which alternative is more effective in meeting strategic airlift mobility requirements—

(i)

to retire the aircraft; or

(ii)

to perform the Reliability Enhancement and Re-engining Program (RERP) on the aircraft; and

(B)

evaluates the life-cycle cost of C–17 aircraft to replace the capability of the aircraft to be retired.

(b)

Additional requirements for cost analysis

The cost analysis required by subsection (a)(2) shall conform to the following requirements:

(1)

The cost analysis shall include one analysis that uses constant year dollars and one analysis that uses then year dollars.

(2)

For each such analysis, the time period covered by the analysis shall be the expected service life of the aircraft concerned.

(3)

For each such analysis, the ownership costs evaluated shall include costs for—

(A)

planned technology insertions or upgrades over the service life of the aircraft to meet emerging requirements;

(B)

research and development;

(C)

testing;

(D)

procurement;

(E)

production;

(F)

production termination;

(G)

operations;

(H)

training;

(I)

maintenance;

(J)

sustainment;

(K)

military construction;

(L)

personnel;

(M)

cost of replacement due to attrition; and

(N)

disposal.

(4)

The cost analysis shall include each of the following:

(A)

An assessment of the quality of each cost analysis.

(B)

A discussion of each of the following:

(i)

The assumptions used.

(ii)

The benefits to be realized from each alternative.

(iii)

Adverse impacts to be realized from each alternative.

(iv)

Cargo capacity, operational availability, departure reliability, and mission capability.

(v)

Aircraft basing.

(vi)

Aircrew ratios and associated training requirements.

(vii)

Performing RERP on only C–5B and C–5C aircraft.

(C)

A summary table that compares and contrasts each alternative with respect to each of the requirements of this subsection.

(c)

Conforming repeal

Section 132 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1411) is repealed.

132.

Maintenance of retired KC–135E aircraft

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

133.

Repeal of multi-year contract authority for procurement of tanker aircraft

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

134.

Report on processes used for requirements development for KC–(X)

Not later than December 1, 2008, the Secretary of the Air Force shall submit to the congressional defense committees a report on the processes used for requirements development for the KC–(X). The report shall include—

(1)

an examination of the processes by which KC–(X) requirements were established;

(2)

a justification for the use of the KC–135R as the comparative baseline for the KC–(X) competition; and

(3)

an evaluation of commercial derivative aircraft in the 750,000 pounds maximum gross take-off weight to 1,000,000 pounds maximum gross take-off weight range as a potential aerial refueling platform, which shall include an examination of pertinent aerial refueling capabilities such as range, offload at range, and passenger/cargo capacity.

E

Joint and Multiservice Matters

141.

Body armor acquisition strategy

(a)

Executive agent

The Secretary of Defense shall designate an executive agent for procurement of body armor and associated components.

(b)

Separate procurement line items

Effective for fiscal year 2010 and for each fiscal year thereafter, the Secretary of Defense shall ensure that, within each procurement account budget submission to the President, a separate, dedicated procurement line item is designated for procurement of body armor and associated components.

(c)

Report

Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report that—

(1)

identifies the critical industrial base capacity for body armor, to include all tiers of subcontractor suppliers;

(2)

contains a plan for the long-term maintenance of this industrial base capacity; and

(3)

identifies specific research and development objectives, priorities, and funding profiles for—

(A)

advances in the level of protection;

(B)

weight reduction; and

(C)

manufacturing productivity.

142.

Small arms acquisition strategy and requirements review

(a)

GAO audit and report

The Comptroller General of the United States shall audit the requirements generation process of the Department of Defense for small arms procurement to determine if there are statutory or regulatory barriers to developing a small arms procurement requirement. Not later than October 1, 2009, the Comptroller General shall submit to the congressional defense committees a report on the results of the audit.

(b)

Secretary of Defense report

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive report on the small arms industrial base. The report shall include the following:

(1)

The current inventory, acquisition objective, operational, and budgetary status of current small arms programs, to include pistols, carbines, rifles, light, medium, and heavy machine guns.

(2)

A plan for a joint acquisition strategy for small arms modernization, with emphasis on a possible near term competition for a new pistol and carbine.

(3)

An analysis of current small arms research and development programs.

(4)

An analysis of current small arms capability gap assessments that have been finalized or are being pursued.

(c)

Definition

In this section, the term small arms

(1)

means man portable or vehicle mounted light weapons, designed primarily for use by individual military personnel for anti-personnel use; and

(2)

includes pistols, carbines, rifles, and light, medium, and heavy machine guns.

143.

Requirement for common ground stations and payloads for manned and unmanned aerial vehicles

(a)

Policy required

The Secretary of Defense shall establish a policy and an acquisition strategy for intelligence, surveillance, and reconnaissance payloads and ground stations for manned and unmanned aerial vehicle systems, to be applicable throughout the Department of Defense, to achieve integrated research, development, test, and evaluation, and procurement commonality.

(b)

Objectives

The policy and acquisition strategy required by subsection (a) shall have the following objectives:

(1)

Procurement of common payloads by vehicle class, including—

(A)

signals intelligence;

(B)

electro optical;

(C)

synthetic aperture radar;

(D)

ground moving target indicator;

(E)

conventional explosive detection;

(F)

foliage penetrating radar;

(G)

laser designator;

(H)

chemical, biological, radiological, nuclear, explosive detection; and

(I)

national airspace operations avionics or sensors, or both.

(2)

Commonality of ground systems by vehicle class.

(3)

Common management of vehicle and payloads procurement.

(4)

Ground station interoperability standardization.

(5)

Open source software code.

(6)

Acquisition of technical data rights in accordance with section 2320 of title 10, United States Code.

(7)

Acquisition of vehicles, payloads, and ground stations through competitive procurement.

(c)

Affected systems

For the purposes of this section, the manned and unmanned aerial vehicle classes and types of manned and unmanned aerial vehicles within each class are as follows:

(1)

Tier II class: Vehicles such as Silver Fox and Scan Eagle.

(2)

Tactical class: Vehicles such as RQ–7.

(3)

Medium altitude class: Vehicles such as MQ–1, MQ–1C, MQ–5, MQ–8, MQ–9, and Warrior Alpha.

(4)

High Altitude class: Vehicles such as RQ–4, RQ–4N, Unmanned airship systems, Constant Hawk, Angel Fire, Special Project Aircraft, Aerial Common Sensor, EP–3, Scathe View, Compass Call, and Rivet Joint.

(d)

Consultation

The Secretary shall develop the policy and acquisition strategy required by subsection (a) in consultation with the Chairman of the Joint Chiefs of Staff.

(e)

Report

Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report containing—

(1)

the policy required by subsection (a); and

(2)

the acquisition strategy required by subsection (a).

144.

Report on Future Jet carrier trainer Requirements of the Navy

Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on future jet carrier trainer requirements. The report shall include—

(1)

an assessment of the Navy Strategic Planning Study concerning future jet carrier trainer requirements;

(2)

an assessment of studies conducted by independent organizations concerning future jet carrier trainer requirements;

(3)

a cost-benefit analysis of creating a new program to fulfill future jet carrier trainer requirements;

(4)

a cost-benefit analysis of modifying current programs to fulfill future jet carrier trainer requirements; and

(5)

a plan to address future jet carrier trainer requirements beginning fiscal year 2010.

II

Research, Development, Test, and Evaluation

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for defense science and technology.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Additional determinations to be made as part of Future Combat Systems milestone review.

Sec. 212. Analysis of Future Combat Systems communications network and software.

Sec. 213. Future Combat Systems manned ground vehicle selected acquisition reports.

Sec. 214. Separate procurement and research, development, test, and evaluation line items and program elements for Sky Warrior Unmanned Aerial Systems project.

Sec. 215. Restriction on obligation of funds for the Warfighter Information Network—Tactical program.

Sec. 216. Limitation on source of funds for certain Joint Cargo Aircraft expenditures.

Subtitle C—Missile Defense Programs

Sec. 221. Independent study of boost phase missile defense.

Sec. 222. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe.

Subtitle D—Other Matters

Sec. 231. Oversight of testing of personnel protective equipment by Director, Operational Test and Evaluation.

Sec. 232. Assessment of the Historically Black Colleges and Universities and Minority Serving Institutions Program.

Sec. 233. Technology-neutral information technology guidelines and standards to support fully interoperable electronic personal health information for the Department of Defense and Department of Veterans Affairs.

Sec. 234. Repeal of requirement for Technology Transition Initiative.

Sec. 235. Trusted defense systems.

Sec. 236. Limitation on obligation of funds for Enhanced AN/TPQ–36 radar system pending submission of report.

Sec. 237. Capabilities-based assessment to outline a joint approach for future development of vertical lift aircraft and rotorcraft.

Sec. 238. Availability of funds for prompt global strike capability development.

Sec. 239. Visiting NIH Senior Neuroscience Fellowship Program.

A

Authorization of Appropriations

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, $10,688,695,000.

(2)

For the Navy, $19,764,738,000.

(3)

For the Air Force, $28,238,349,000.

(4)

For Defense-wide activities, $21,033,651,000, of which $188,772,000 is authorized for the Director of Operational Test and Evaluation.

202.

Amount for defense science and technology

(a)

Fiscal Year 2009

Of the amounts authorized to be appropriated by section 201, $12,059,915,000 shall be available for the Defense Science and Technology Program, including basic research, applied research, and advanced technology development projects.

(b)

Basic Research, Applied Research, and Advanced Technology Development Defined

For purposes of this section, the term basic research, applied research, and advanced technology development means work funded in program elements for defense research and development under Department of Defense budget activity 1, 2, or 3.

B

Program Requirements, Restrictions, and Limitations

211.

Additional determinations to be made as part of Future Combat Systems milestone review

Section 214(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2123) is amended by striking paragraphs (4) through (6) and inserting the following:

(4)

Whether actual demonstrations, rather than simulations, have shown that the software for the program is on a path to achieve threshold requirements on cost and schedule.

(5)

Whether the program’s planned major communications network demonstrations are sufficiently complex and realistic to inform major program decision points.

(6)

The extent to which Future Combat Systems manned ground vehicle survivability will be reduced in a degraded Future Combat Systems communications network environment.

(7)

The level of network degradation at which Future Combat Systems manned ground vehicle crew survivability is significantly reduced.

(8)

The extent to which the Future Combat Systems communications network will be able to withstand network attack, jamming, or other interference.

(9)

What the cost estimate for the program is, including all spin outs, and an assessment of the confidence level for that estimate.

(10)

What the affordability assessment for the program is, given projected Army budgets, based on that cost estimate.

.

212.

Analysis of Future Combat Systems communications network and software

(a)

Report required

Not later than July 1, 2009, the Assistant Secretary of Defense, Networks and Information Integration, shall submit to the congressional defense committees a report providing an assessment of the Future Combat Systems communications network and software. This report shall include, at a minimum, the following:

(1)

An assessment of the vulnerability of the Future Combat Systems communications network and software to enemy network attack, in particular the impact of the use of significant amounts of commercial software in Future Combat Systems software.

(2)

An assessment of the vulnerability of the Future Combat Systems communications network to electronic warfare, jamming, and other potential enemy interference.

(3)

An assessment of the vulnerability of the Future Combat Systems communications network to adverse weather and complex terrain.

(4)

An assessment of the Future Combat Systems communication network's dependence on satellite communications support, and an assessment of the network's performance in the absence of assumed levels of satellite communications support.

(5)

An assessment of the performance of the Future Combat Systems communications network when operating in a degraded condition due to the factors analyzed in paragraphs (1), (2), (3), and (4), and how such a degraded network environment would impact the performance of Future Combat Systems brigades and the survivability of Future Combat Systems manned ground vehicles.

(b)

Inclusion of classified annex

The report required by subsection (a) may include a classified annex at the discretion of the Assistant Secretary, for the purpose of providing the assessments required, or to provide additional supporting information.

213.

Future Combat Systems manned ground vehicle selected acquisition reports

(a)

Report required

For each of the years 2009 through 2015, the Secretary of the Army shall, not later than February 15 of the year, submit a selected acquisition report for each Future Combat Systems manned ground vehicle variant.

(b)

Required elements

The reports required by subsection (a) shall include the same information required in comprehensive annual selected acquisition reports for major defense acquisition as defined in section 2432(c) of title 10, United States Code.

(c)

Definition

In this section, the term manned ground vehicle variant includes the eight distinct variants of manned ground vehicle designated on pages seven and eight of the Future Combat Systems selected acquisition report of the Department of Defense dated December 31, 2007, and any additional manned ground vehicle variants designated in Future Combat Systems acquisition reports of the Department of Defense after the date of the enactment of this Act.

214.

Separate procurement and research, development, test, and evaluation line items and program elements for Sky Warrior Unmanned Aerial Systems project

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

215.

Restriction on obligation of funds for the Warfighter Information Network—Tactical program

(a)

Notification required

The Under Secretary of Defense for Acquisition, Technology, and Logistics shall notify the congressional defense committees within five days after the completion of all of the following actions:

(1)

Approval by the Under Secretary of a new acquisition program baseline for the Warfighter Information Network-Tactical (WIN–T) Increment 3 program.

(2)

Completion of the independent cost estimate for the WIN–T Increment 3 program by the Cost Analysis Improvement Group, as required by the June 5, 2007 recertification by the Under Secretary.

(3)

Completion of the technology readiness assessment of the WIN–T Increment 3 program by the Director, Defense Research and Engineering, as required by the June 5, 2007 recertification by the Under Secretary.

(b)

Restriction on obligation of funds pending notification

Of the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for research, development, test, and evaluation, Army, for fiscal year 2009 for the WIN–T Increment 3 program, not more than 20 percent of those amounts may be obligated or expended until 15 days after the notification required by subsection (a) is received by the congressional defense committees.

216.

Limitation on source of funds for certain Joint Cargo Aircraft expenditures

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

C

Missile Defense Programs

221.

Independent study of boost phase missile defense

(a)

Agreement required

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with a Federally Funded Research and Development Center to conduct an independent study of concepts and systems for boost phase missile defense.

(b)

Requirements for study

(1)

Systems to be examined

The study required by subsection (a) shall examine each of the following systems:

(A)

The Airborne Laser.

(B)

The Kinetic Energy Interceptor (land- and sea-based options).

(2)

Factors to be evaluated

The study shall evaluate each system based on the following factors:

(A)

Technical capability of the system against scenarios identified in paragraph (3)(A).

(B)

Operational issues, including operational effectiveness.

(C)

Results of key milestone tests in fiscal year 2009 and fiscal years prior.

(D)

Survivability.

(E)

Suitability.

(F)

Concept-of-Operations, including basing considerations.

(G)

Operations and maintenance support.

(H)

Command-and-Control.

(I)

Shortfall from intercepts.

(J)

Force structure requirements.

(K)

Effectiveness against countermeasures.

(L)

Estimated cost of sustaining the system in the field.

(M)

Total lifecycle cost estimates.

(3)

Scenarios to be assessed

(A)

In general

The study shall include, for each system, an assessment of the operational capabilities of the system—

(i)

to counter short-, medium-, and intermediate-range ballistic missile threats to the deployed forces of the United States and its friends and allies from rogue states; and

(ii)

to defend the territory of the United States against limited ballistic missile attack.

(B)

Comparison with non-boost systems

The study shall also include an assessment of the performance and operational capabilities of non-boost missile defense systems to counter the threats referred to in subparagraph (A), and shall compare those capabilities with the predicted performance and operational capabilities of the boost phase missile defense systems to counter those threats. For purposes of this subparagraph, the non-boost missile defense systems shall include, at a minimum—

(i)

the Patriot PAC–3 system and the Medium Extended Air Defense System (MEADS) follow-on system;

(ii)

the Aegis Ballistic Missile Defense system, with all variants of the Standard Missile-3 interceptor;

(iii)

the Terminal High Altitude Area Defense (THAAD) system; and

(iv)

the Ground-based Midcourse Defense system.

(4)

Assessments and recommendations

The study shall include the following:

(A)

Assessment of the developmental efforts to date and feasibility of the currently funded boost phase missile defense systems, using the factors outlined in paragraph (2).

(B)

Assessment of the cost and benefits of the currently funded boost phase missile defense systems.

(C)

A recommended strategy for boost phase missile defense investment over the Future Years Defense Program.

(D)

Any other matter that the Federally Funded Research and Development Center considers appropriate.

(c)

Cooperation from government

In carrying out the study, the Federally Funded Research and Development Center shall receive the full and timely cooperation of the Secretary of Defense and any other United States Government official in providing the Center with analyses, briefings, and other information necessary for the fulfillment of its responsibilities.

(d)

Report

Not later than January 31, 2010, the Federally Funded Research and Development Center shall submit to the congressional defense committees a report on its findings, conclusions, and recommendations. The report shall be in unclassified form, but may include a classified annex.

(e)

Prohibition

No funds appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for fiscal year 2009 or any fiscal year thereafter may be obligated or expended for the acquisition of the second Airborne Laser aircraft until 60 days after the report required by this section is submitted.

222.

Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe

(a)

General limitation

No funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2009 or any fiscal year thereafter may be obligated or expended for procurement, site activation, construction, preparation of equipment for, or deployment of a long-range missile defense system in Europe until the following conditions have been met:

(1)

The Government of Poland and the Government of the Czech Republic have each signed and ratified the missile defense basing agreements and status of forces agreements that allow for the stationing, in their respective countries, of the United States missile defense assets and personnel needed to carry out the proposed deployment.

(2)

Forty-five days have elapsed following the receipt by the congressional defense committees of the report required by section 226(c)(6) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181).

(b)

Additional limitation

In addition to the limitation in subsection (a), no funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2009 may be obligated or expended for the acquisition or deployment of operational missiles of a long-range missile defense system in Europe until the Secretary of Defense, after receiving the views of the Director of Operational Test and Evaluation, submits to the congressional defense committees a report certifying that the proposed interceptor to be deployed as part of such missile defense system has demonstrated, through successful, operationally realistic flight testing, a high probability of working in an operationally effective manner and the ability to accomplish the mission.

(c)

Construction

Nothing in this section shall be construed to limit continuing obligation and expenditure of funds for missile defense, including for research and development and for other activities not otherwise limited by subsection (a) or (b), including, but not limited to, site surveys, studies, analysis, and planning and design for the proposed missile defense deployment in Europe.

D

Other Matters

231.

Oversight of testing of personnel protective equipment by Director, Operational Test and Evaluation

(a)

Responsibilities of the Director, Operational Test and Evaluation, with respect to personnel protective equipment

Section 139 of title 10, United States Code, is amended—

(1)

in subsection (a)(2) by adding at the end the following:

(C)

The term covered system means a Department of Defense acquisition program that is a covered system for purposes of section 2366 of this title or that is an item of personnel protective equipment designated as a covered system by the Secretary of Defense, or the Secretary’s designee, for purposes of this section.

; and

(2)

in subsection (b)—

(A)

by striking paragraph (3);

(B)

by redesignating paragraphs (4) through (7) as (3) through (6), respectively; and

(C)

by amending paragraph (6) (as so redesignated) to read as follows:

(6)

monitor and review the survivability and lethality testing of covered systems, major munition programs, and covered product improvement programs of the Department of Defense provided under section 2366 of this title.

.

(b)

Inclusion of personnel protective equipment in survivability testing required before full-scale production

Section 2366 of title 10, United States Code, is amended—

(1)

in subsection (e) by amending paragraph (1) to read as follows:

(1)

The term covered system means—

(A)

a vehicle, weapon platform, or conventional weapon system—

(i)

that includes features designed to provide some degree of protection to users in combat; and

(ii)

that is a major system within the meaning of that term in section 2302(5) of this title; or

(B)

an item of personnel protective equipment designated as a covered system in accordance with section 139(a)(2)(C) of this title.

; and

(2)

by adding at the end the following:

(f)

Personnel protective equipment

In the case of an item of personnel protective equipment designated as a covered system, if, before a decision to proceed beyond low rate initial production, a decision is made within the Department of Defense to proceed to operational use of that equipment or to make procurement funds available for that equipment—

(1)

the milestone decision authority (as defined in Department of Defense Directive 5000.1, dated May 12, 2003) for the associated acquisition program shall notify the Director of Operational Test and Evaluation of such a decision, along with supporting rationale; and

(2)

the Director of Operational Test and Evaluation shall submit to the Secretary of Defense and the congressional defense committees the report required by subsection (d) as soon as practicable.

.

232.

Assessment of the Historically Black Colleges and Universities and Minority Serving Institutions Program

(a)

Assessment required

The Secretary of Defense shall—

(1)

carry out an assessment of the capability of Historically Black Colleges and Universities and Minority Serving Institutions (HBCU/MI) to participate in research, development, test, and evaluation programs for the Department of Defense; and

(2)

not later than twelve months after the date of the enactment of this Act, submit to the congressional defense committees a report on the assessment.

(b)

Matters assessed

The report under subsection (a) shall include the following:

(1)

Summarized findings and lessons learned from HBCU/MI programs based on contracts, grants, or cooperative agreement awards.

(2)

An assessment of the relevance, to include outcomes and impacts, of those programs to the research mission of the Department.

(3)

An assessment of the national and regional conferences held annually to provide technical assistance and information regarding research, development, test, and evaluation activities of the Department, including the following:

(A)

The number of such conferences held over the last three years, and a description of each such conference, to include a description of activities conducted to meet the goals of the conference.

(B)

A follow-up assessment of the success of such conferences from the perspective both of the Department and of the attending institutions.

(C)

An assessment as to whether such conferences are appropriately targeted to institutions that have not historically received contracts, grants or cooperative agreements with the Department.

(4)

As directed in Executive Order No. 13256, a plan documenting the Department’s effort in increasing the capacity of HBCU/MIs to participate in the research programs of the Department.

(5)

Any other matters the Secretary considers appropriate.

233.

Technology-neutral information technology guidelines and standards to support fully interoperable electronic personal health information for the Department of Defense and Department of Veterans Affairs

(a)

In general

Section 1635 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 460; 10 U.S.C. 1071 note) is amended—

(1)

in subsection (h)(1) by adding at the end the following:

(C)

A description and analysis of the level of interoperability and security of technologies for sharing healthcare information among the Department of Defense, the Department of Veterans Affairs, and their transaction partners.

(D)

A description and analysis of the problems the Department of Defense and the Department of Veterans Affairs are having with, and the progress such agencies are making toward, ensuring interoperable and secure healthcare information systems and electronic healthcare records.

.

(2)

by adding at the end the following:

(j)

Technology-neutral guidelines and standards

(1)

In general

The Director, in consultation with industry and appropriate Federal agencies, shall develop, or shall adopt from industry, technology-neutral information technology infrastructure guidelines and standards for use by the Department of Defense and the Department of Veterans Affairs to enable those agencies to effectively select and utilize information technologies to meet the requirements of this section, in a manner that is—

(A)

interoperable;

(B)

inclusive of ongoing Federal efforts that provide technical expertise to harmonize existing standards and assist in the development of interoperability specifications; and

(C)

consistent with relevant guidance and directives for the development of information technology systems with the Department of Defense and the Department of Veterans Affairs.

(2)

Elements

The guidelines and standards developed or adopted under subsection (a) shall—

(A)

promote the use by commercially available and open source products to incorporate those guidelines and standards;

(B)

develop uniform testing procedures suitable for determining the conformance of commercially available and other Federally developed healthcare information technology products with the guidelines and standards;

(C)

support and promote the testing of electronic healthcare information technologies utilized by the Department of Defense and the Department of Veterans Affairs;

(D)

provide protection and security profiles;

(E)

establish a core set of specifications in transactions between Federal agencies and their transaction partners; and

(F)

include validation criteria to enable Federal agencies to select healthcare information technologies appropriate to their needs.

(3)

Report

Not later than March 31, 2009, the Director shall submit to the Secretary of Defense and the Secretary of Veterans Affairs, and to the appropriate congressional committees, a report identifying the guidelines and standards developed or adopted under this subsection. The report shall include—

(A)

a description of how the Office is working with the Business Transformation Agency to integrate these standards into the Enterprise Transition Plan for the Department of Defense; and

(B)

a synchronization roadmap showing the timeline for the deployment of applicable existing and planned healthcare information technology systems and how they will implement these standards.

.

(b)

Compliance with requirements

The amendments made by subsection (a) shall not impede the Secretary of Defense, the Secretary of Veterans Affairs, and the interagency program office from ensuring that the requirements of subsection (d) of section 1635 of that Act, including the date specified in that subsection, are met.

234.

Repeal of requirement for Technology Transition Initiative

(a)

Assessment required

(1)

In general

Not later than March 31, 2009, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall assess the feasibility of consolidating various technology transition accounts into a unified effort managed by a senior official of the Department of Defense.

(2)

OSD programs included

Such assessment shall include, but shall not be limited to, the following programs within the Office of the Secretary of Defense: Technology Transition Initiative, Foreign Comparative Test, Defense Acquisition Challenge Program, Quick Reaction Fund, Manufacturing Technology, Joint Capability Technology Demonstrations, Defense Technology Link, Joint Capability Technology Demonstration Transition Program, Defense Acquisition Executive, Rapid Reaction Fund, and Operational Experimentation Division.

(3)

Military department programs included

Such assessment shall also include, as appropriate, the technology transition initiatives of the military departments.

(b)

Initiative requirement repealed

(1)

In general

Section 2359a of title 10, United States Code, is amended—

(A)

by amending the section heading to read as follows:

2359a.

Technology Transition Council

;

(B)

by striking subsections (a), (b), (c), (d), (e), (f), and (h); and

(C)

by redesignating subsections (g) and (i) as (a) and (b), respectively.

(2)

Conforming amendment

The table of sections at the beginning of chapter 139 of title 10, United States Code, is amended by striking the item relating to section 2359a and inserting the following new item:

2359a. Technology Transition Council.

.

235.

Trusted defense systems

(a)

Assessment required

The Secretary of Defense shall conduct a comprehensive assessment of covered acquisition programs to identify vulnerabilities in the supply chain of each program’s information processing systems that potentially compromise the level of trust in such systems. Such assessment shall also—

(1)

assess vulnerabilities at multiple levels of the information processing system, including but not limited to, microcircuits, software, and firmware;

(2)

prioritize the potential vulnerabilities and impacts of the various elements and stages of the system supply chain to identify the most effective balance of investments to minimize the effects of compromise;

(3)

provide recommendations regarding ways to improve trust in the supply chain for covered acquisition programs; and

(4)

identify the appropriate lead, and supporting elements, within the Department of Defense for the development of an integrated strategy for ensuring trust in the supply chain for acquisition programs.

(b)

Strategy required

The lead identified pursuant to subsection (a)(4), in cooperation with the supporting elements also identified by the Secretary of Defense, shall develop an integrated strategy for ensuring trust in the supply chain for acquisition programs. Such strategy shall—

(1)

address the vulnerabilities identified by the Secretary’s assessment under subsection (a);

(2)

reflect the priorities identified by such assessment;

(3)

be executable by the defense acquisition community; and

(4)

be sufficiently specific to provide guidance for the planning, programming, budgeting, and execution process in order to ensure acquisition programs have the necessary resources to implement all appropriate elements of the strategy.

(c)

Interim policy for application specific integrated circuits

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue a policy requiring covered trusted systems to employ only trusted foundry services to fabricate their custom designed integrated circuits.

(d)

Submission to Congress

Not later than 12 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees—

(1)

the assessment required by subsection (a); and

(2)

the strategy required by subsection (b).

(e)

Definitions

In this section:

(1)

The term covered acquisition programs means a Department of Defense acquisition program that is a major system for purposes of section 2302(5) of title 10, United States Code, and—

(A)

has not yet entered low-rate initial production, as defined in section 2400 of title 10, United States Code; or

(B)

is currently in production or no longer in production, and information processing system upgrades are still planned over the life cycle of the system.

(2)

The terms trust and trusted refer to the high confidence by the Department of Defense in the national ability to secure national security systems by assessing the integrity of the people and processes used to design, generate, manufacture, and distribute national security critical components.

(3)

The term covered trusted systems means—

(A)

all Mission Assurance Category I systems, as defined in Department of Defense Directive 8500.01E and associated Department of Defense Instruction 8500.2; and

(B)

any other system identified by the Secretary of Defense as a system—

(i)

that is vital to mission effectiveness or operational readiness of deployed or contingency forces;

(ii)

the loss or degradation of which results in immediate and sustained loss of mission effectiveness;

(iii)

that is highly accurate and highly available; and

(iv)

for which the most stringent protection measures are required.

(4)

The term trusted foundry services means the program co-funded by the National Security Agency and the Department of Defense, through program element 0605140D8Z, or any such similar program approved by the Secretary of Defense.

236.

Limitation on obligation of funds for Enhanced AN/TPQ–36 radar system pending submission of report

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

237.

Capabilities-based assessment to outline a joint approach for future development of vertical lift aircraft and rotorcraft

(a)

Assessment required

The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall carry out a capabilities-based assessment that outlines a joint approach to the future development of vertical lift aircraft and rotorcraft for all of the military services. The assessment shall—

(1)

address critical technologies required for future development, including a technology roadmap;

(2)

include the development of a strategic plan that—

(A)

formalizes the Department of Defense’s strategic vision for the next generation of Department of Defense vertical lift aircraft and rotorcraft;

(B)

establishes joint requirements for the next generation of Department of Defense vertical lift aircraft and rotorcraft technology; and

(C)

emphasizes the development of common service requirements; and

(3)

include the development of a detailed science and technology investment and implementation plan and an identification of the resources required to implement it.

(b)

Report

The Secretary and the Chairman shall submit to the congressional defense committees a report on the assessment under subsection (a). The report shall include—

(1)

the technology roadmap referred to in subsection (a)(1);

(2)

the strategic plan referred to in subsection (a)(2);

(3)

the plan and the identification of resources referred to in subsection (a)(3); and

(4)

a detailed plan to establish a Joint Vertical Lift Aircraft/Rotorcraft Office based on lessons learned from the Joint Advanced Strike Technology (JAST) Office.

238.

Availability of funds for prompt global strike capability development

(a)

In general

Notwithstanding any other provision of this Act, funds for conventional prompt global strike capability development are authorized by this Act only for those activities expressly delineated in the expenditure plan for fiscal years 2008 and 2009 that was required by section 243 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 51; 10 U.S.C. 113 note) and submitted to the congressional defense committees and dated March 24, 2008, or those activities otherwise expressly authorized by Congress.

(b)

Report

The Secretary of Defense shall submit to the congressional defense committees, concurrently with the President’s budget request for fiscal year 2010, a report that describes each conventional prompt global strike concept that—

(1)

has been, or will be, affected by the technology applications developed pursuant to conventional prompt global strike activities within fiscal year 2009; and

(2)

will be considered within the context of any conventional prompt global strike concept decision in fiscal year 2010.

239.

Visiting NIH Senior Neuroscience Fellowship Program

(a)

Requirement to establish

The Secretary of Defense may establish a program to be known as the Visiting NIH Senior Neuroscience Fellowship Program (in this section referred to as the Program) at the Defense Advanced Research Projects Agency (DARPA) and the Defense Center of Excellence for Psychological Health and Traumatic Brain Injury (DCoE).

(b)

Activities of the Program

The Program may—

(1)

provide a partnership between the National Institutes of Health (NIH) and DARPA that will enable identification and funding of the broadest range of innovative, highest quality clinical and experimental neuroscience studies for the benefit of men and women in the Armed Forces;

(2)

provide a partnership between the NIH and the DCoE that will enable identification and funding of clinical and experimental neuroscience studies for the benefit of men and women in the Armed Forces;

(3)

provide a technology transfer mechanism whereby the results of such studies can, where appropriate, be used to enhance the health mission of the NIH for the benefit of the public; and

(4)

provide a military/civilian collaborative environment for neuroscience-based medical problem-solving in critical areas impacting both military and civilian life, particularly post-traumatic stress disorder.

III

Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B—Environmental Provisions

Sec. 311. Authorization for Department of Defense participation in conservation banking programs.

Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake, Washington.

Sec. 313. Expand cooperative agreement authority for management of natural resources to include off-installation mitigation.

Sec. 314. Detection instrument technology research and deployment of resulting detection instruments and technological improvements.

Sec. 315. Closed Loop Recycling for Motor Vehicle Lubricating Oil.

Subtitle C—Workplace and Depot Issues

Sec. 321. Time limitation on duration of public-private competitions.

Sec. 322. Comprehensive analysis and development of single Government-wide definition of inherently governmental function.

Sec. 323. Study on future depot capability.

Sec. 324. High-performing organization business process reengineering.

Sec. 325. Temporary suspension of studies and public-private competitions regarding conversion of functions of the Department of Defense performed by civilian employees to contractor performance.

Sec. 326. Consolidation of Air Force and Air National Guard aircraft maintenance.

Sec. 327. Guidance for performance of civilian personnel work under Air Force civilian personnel consolidation plan.

Sec. 328. Report on reduction in number of firefighters on Air Force bases.

Subtitle D—Energy Security

Sec. 331. Annual report on operational energy management and implementation of operational energy strategy.

Sec. 332. Consideration of fuel logistics support requirements in planning, requirements development, and acquisition processes.

Sec. 333. Study on solar energy for use at forward operating locations.

Sec. 334. Study on coal-to-liquid fuels.

Sec. 335. Exception to alternative fuel procurement requirement.

Sec. 336. Study of Consideration of Greenhouse Gas Emissions in Acquisition Processes.

Subtitle E—Reports

Sec. 341. Comptroller General report on readiness of Armed Forces.

Sec. 342. Report on plan to enhance combat skills of Navy and Air Force personnel.

Sec. 343. Comptroller General report on the use of the Army Reserve and National Guard as an operational reserve.

Sec. 344. Comptroller General report on link between preparation and use of Army reserve component forces to support ongoing operations.

Sec. 345. Comptroller General report on adequacy of funding, staffing, and organization of Department of Defense Military Munitions Response Program.

Sec. 346. Report on options for providing repair capabilities to support ships operating near Guam.

Subtitle F—Other Matters

Sec. 351. Extension of Enterprise Transition Plan reporting requirement.

Sec. 352. Demilitarization of loaned, given, or exchanged documents, historical artifacts, and condemned or obsolete combat materiel.

Sec. 353. Repeal of requirement that Secretary of Air Force provide training and support to other military departments for A–10 aircraft.

Sec. 354. Display of annual budget requirements for Air Sovereignty Alert Mission.

Sec. 355. Sense of Congress that Air Sovereignty Alert Mission should receive sufficient funding and resources.

Sec. 356. Revision of certain Air Force regulations required.

Sec. 357. Transfer of C–12 aircraft to California Department of Forestry and Fire Protection.

Sec. 358. Availability of funds for Irregular Warfare Support program.

Sec. 359. Sense of Congress regarding procurement and use of munitions.

Sec. 360. Limitation on obligation of funds for Air Combat Command Management Headquarters.

Sec. 361. Increase of domestic sourcing of military working dogs used by the Department of Defense.

Sec. 362. Funding for programs relating to dental readiness for the Army Reserve.

A

Authorization of Appropriations

301.

Operation and maintenance funding

Funds are hereby authorized to be appropriated for fiscal year 2009 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:

(1)

For the Army, $31,788,395,000.

(2)

For the Navy, $34,870,098,000.

(3)

For the Marine Corps, $5,680,054,000.

(4)

For the Air Force, $35,060,427,000.

(5)

For Defense-wide activities, $25,806,657,000.

(6)

For the Army Reserve, $2,659,141,000.

(7)

For the Naval Reserve, $1,311,085,000.

(8)

For the Marine Corps Reserve, $213,131,000.

(9)

For the Air Force Reserve, $3,202,892,000.

(10)

For the Army National Guard, $5,900,346,000.

(11)

For the Air National Guard, $5,929,576,000.

(12)

For the United States Court of Appeals for the Armed Forces, $13,254,000.

(13)

For Environmental Restoration, Army, $447,776,000.

(14)

For Environmental Restoration, Navy, $290,819,000.

(15)

For Environmental Restoration, Air Force, $496,277,000.

(16)

For Environmental Restoration, Defense-wide, $13,175,000.

(17)

For Environmental Restoration, Formerly Used Defense Sites, $257,796,000.

(18)

For Overseas Humanitarian, Disaster, and Civic Aid programs, $83,273,000.

(19)

For Cooperative Threat Reduction programs, $445,135,000.

(20)

For the Overseas Contingency Operations Transfer Fund, $9,101,000.

B

Environmental Provisions

311.

Authorization for Department of Defense participation in conservation banking programs

(a)

Participation authorized

Chapter 159 of title 10, United States Code, is amended by inserting after section 2694b the following new section:

2694c.

Participation in conservation banking programs

(a)

Authority to participate

Subject to the availability of appropriated funds to carry out this section, the Secretary concerned, when engaged or proposing to engage in an activity described in subsection (b) that may or will result in an adverse impact to one or more species protected (or pending protection) under any applicable provision of law, or habitat for such species, may make payments to a conservation banking program or in-lieu-fee mitigation sponsor approved in accordance with—

(1)

the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995);

(2)

the Guidance for the Establishment, Use, and Operation of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003);

(3)

the Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act (65 Fed. Reg. 66915; November 7, 2000); or

(4)

any successor or related administrative guidance or regulation.

(b)

Covered activities

Payments to a conservation banking program or in-lieu-fee mitigation sponsor under subsection (a) may be made only for the purpose of facilitating one or more of the following activities:

(1)

Military testing, operations, training, or other military activity.

(2)

Military construction.

(c)

Treatment of amounts for conservation banking

Payments made under subsection (a) to a conservation banking program or in-lieu-fee mitigation sponsor for the purpose of facilitating military construction may be treated as eligible costs of the military construction project.

(d)

Secretary concerned defined

In this section, the term Secretary concerned means—

(1)

the Secretary of a military department; and

(2)

the Secretary of Defense with respect to a Defense Agency.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2694b the following new item:

2694c. Participation in conservation banking programs.

.

(c)

Effective date

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

312.

Reimbursement of Environmental Protection Agency for certain costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake, Washington

(a)

Authority To Reimburse

(1)

Transfer amount

Using funds described in subsection (b) and notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $64,049.40 during fiscal year 2009 to the Moses Lake Wellfield Superfund Site 10–6J Special Account.

(2)

Purpose of reimbursement

The payment under paragraph (1) is to reimburse the Environmental Protection Agency for its costs incurred in overseeing a remedial investigation/feasibility study performed by the Department of the Army under the Defense Environmental Restoration Program at the former Larson Air Force Base, Moses Lake Superfund Site, Moses Lake, Washington.

(3)

Interagency agreement

The reimbursement described in paragraph (2) is provided for in the interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Moses Lake Wellfield Superfund Site in March 1999.

(b)

Source of Funds

Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(17) for operation and maintenance for Environmental Restoration, Formerly Used Defense Sites.

(c)

Use of Funds

The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the Agency at the Moses Lake Wellfield Superfund Site.

313.

Expand cooperative agreement authority for management of natural resources to include off-installation mitigation

Section 103a(a) of the Sikes Act (16 U.S.C. 670c–1(a)) is amended—

(1)

by striking to provide for the and inserting

to provide for the following:

(1)

The

; and

(2)

by adding at the end the following new paragraph:

(2)

The maintenance and improvement of natural resources located off of a Department of Defense installation if the purpose of the cooperative agreement is to relieve or eliminate current or anticipated challenges that could restrict, impede, or otherwise interfere with, whether directly or indirectly, current or anticipated military activities.

.

314.

Detection instrument technology research and deployment of resulting detection instruments and technological improvements

(a)

Research required

The Secretary of Defense shall—

(1)

make the research, development, testing, and evaluation of technology related to unexploded ordnance detection a priority; and

(2)

accelerate the transition of promising detection instrument technology across the Department of Defense.

(b)

Deployment and Training

The Secretary shall facilitate the deployment of unexploded ordnance detection instrument technology developed through research funded by the Department of Defense or developed by entities other than the Department of Defense. The Secretary may consider allocating a portion of the amount appropriated for such research and development activities to assist in the training of operators of unexploded ordnance detection instruments on the use of new detection instruments.

(c)

Report

Not later than February 1, 2009, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report describing and evaluating the following:

(1)

The amounts allocated for research, development, test, and evaluation for unexploded ordnance detection technologies.

(2)

The amounts allocated for transition of new unexploded ordnance technologies.

(3)

Activities undertaken by the Department to transition such technologies and train operators on emerging detection instrument technologies.

(4)

Any impediments to the transition of new unexploded ordnance detection instrument technologies to regular operation in remediation programs.

(5)

The transfer of such technologies to private companies involved in the detection of unexploded ordnance.

(6)

Activities undertaken by the Department to raise public awareness regarding unexploded ordnance.

(d)

Unexploded ordnance defined

In this section, the term unexploded ordnance has the meaning given such term in section 101(e)(5) of title 10, United States Code.

315.

Closed Loop Recycling for Motor Vehicle Lubricating Oil

(a)

Study and Evaluation

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report which reviews the Department of Defense’s policies concerning the sale and disposal of used motor vehicle lubricating oil, and shall include in the report an evaluation of the feasibility and desirability of implementing policies to require closed loop recycling of used oil as a means of reducing total indirect energy usage and greenhouse gas emissions.

(b)

Implementation

To the extent that the evaluation included in the report submitted under subsection (a) indicates that closed loop recycling of used motor vehicle lubricating oil can reduce total indirect energy usage and greenhouse gas emissions without significant increase in overall cost to the Department of Defense, the Secretary shall implement policies to require closed loop recycling of used oil whenever feasible.

(c)

Definition

For purposes of this section, the term “closed loop recycling” means the sale of used oil to entities that re-refine used oil into base oil and vehicle lubricants that meet Department of Defense and industry standards, and the purchase of re-refined oil produced through such re-refining process.

C

Workplace and Depot Issues

321.

Time limitation on duration of public-private competitions

(a)

Time limitation

Section 2461(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(5)
(A)

The duration of a public-private competition conducted pursuant to Office of Management and Budget Circular A–76 or any other provision of law for any function of the Department of Defense performed by Department of Defense civilian employees may not exceed a period of 540 days, commencing on the date on which the preliminary planning for the public-private competition begins through the date on which a performance decision is rendered with respect to the function.

(B)

The time period specified in subparagraph (A) for a public-private competition does not include any day during which the public-private competition is delayed by reason of a protest before the Government Accountability Office or the United States Court of Federal Claims unless the Secretary of Defense determines that the delay is caused by issues being raised during the appellate process that were not previously raised during the competition.

.

(b)

Effective date

Paragraph (5) of section 2461(a) of title 10, United States Code, as added by subsection (a), shall apply with respect to a public-private competition covered by such section that is being conducted on or after the date of the enactment of this Act.

322.

Comprehensive analysis and development of single Government-wide definition of inherently governmental function

(a)

Development and implementation of definition of inherently governmental function

The Director of the Office of Management and Budget, in consultation with appropriate representatives of the Chief Acquisition Officers Council under section 16A of the Office of Federal Procurement Policy Act (41 U.S.C. 414b) and the Chief Human Capital Council under section 1401 of title 5, United States Code, shall—

(1)

review the definitions of the term “inherently governmental function” described in subsection (b) to determine whether such definitions are sufficiently focused to ensure that only officers or employees of the Federal Government or members of the Armed Forces perform inherently governmental functions or other critical functions necessary for the mission of a Federal department or agency;

(2)

develop a single consistent definition for such term that would—

(A)

address any deficiencies in the existing definitions, as determined pursuant to paragraph (1);

(B)

reasonably apply to all Federal departments and agencies;

(C)

ensure that the head of each such department or agency is able to identify each position within that department or agency that exercises an inherently governmental function and should only be performed by officers or employees of the Federal Government or members of the Armed Forces; and

(D)

allow the head of each such department or agency to identify each position within that department or agency that, while the position may not exercise an inherently governmental function, nevertheless should only be performed by officers or employees of the Federal Government or members of the Armed Forces;

(3)

in addition to the actions described under paragraphs (1) and (2), provide criteria that would identify positions within Federal departments and agencies that are to be performed by officers or employees of the Federal Government or members of the Armed Forces to ensure that the head of each Federal department or agency—

(A)

develops and maintains sufficient organic expertise and technical capability;

(B)

develops guidance to implement the definition of inherently governmental as described in paragraph (2) in a manner that is consistent with agency missions and operational goals; and

(C)

develops guidance to manage internal decisions regarding staffing in an integrated manner to ensure officers or employees of the Federal Government or members of the Armed Forces are filling critical management roles by identifying—

(i)

functions, activities, or positions, or some combination thereof, or

(ii)

additional mechanisms;

(4)

in undertaking the actions described in paragraphs (1) and (2), take into account the final recommendations and related findings concerning performance of inherently governmental functions in the Final Report of the Acquisition Advisory Panel established pursuant to section 1423 of the Services Acquisition Reform Act of 2003 (title XIV of Public Law 108–136; 41 U.S.C. 405 note) and any other relevant reports or documents; and

(5)

solicit the views of the public regarding the matters identified in this section.

(b)

Definitions of inherently governmental function

The definitions of inherently governmental function described in this subsection are the definitions of such term that are contained in—

(1)

the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 note);

(2)

section 2383 of title 10, United States Code;

(3)

Office of Management and Budget Circular A–76;

(4)

the Federal Acquisition Regulation; and

(5)

any other relevant Federal law or regulation, as determined by the Director of the Office of Management and Budget in consultation with the Chief Acquisition Officers Council and the Chief Human Capital Council.

(c)

Report to Congress

Not later than one year after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Chief Acquisition Officers Council and the Chief Human Capital Council, shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Homeland Security and Governmental Affairs in the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report on the actions taken by the Director under this section. Such report shall contain each of the following:

(1)

A description of the actions taken by the Director under this section to develop a single definition of inherently governmental function.

(2)

Such legislative recommendations as the Director determines are necessary to further the purposes of this section.

(3)

A description of such steps as may be necessary—

(A)

to ensure that the single definition developed under this section is consistently applied through all Federal regulations, circulars, policy letters, agency guidance, and other documents;

(B)

to repeal any existing Federal regulations, circular, policy letters, agency guidance and other documents determined to be superseded by the definition developed under this section; and

(C)

to develop any necessary implementing guidance under this section for agency staffing and contracting decisions, along with appropriate milestones.

(d)

Regulations

Not later than 180 days after submission of the report required by subsection (c), the Director of the Office of Management and Budget shall issue regulations to implement actions taken under this section to develop a single definition of inherently governmental function.

323.

Study on future depot capability

(a)

Study required

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an independent research entity that is a not-for-profit entity or a federally-funded research and development center with appropriate expertise in logistics and logistics analytical capability to carry out a study on the capability and efficiency of the depots of the Department of Defense to provide the logistics capabilities and capacity necessary for national defense.

(b)

Contents of study

The study carried out under subsection (a) shall—

(1)

be a quantitative analysis of the post-reset Department of Defense depot capability required to provide life cycle sustainment of military legacy systems and new systems and military equipment;

(2)

take into consideration direct input from the Secretary of Defense and the logistics and acquisition leadership of the military departments, including materiel support and depot commanders;

(3)

take into consideration input from regular and reserve components of the Armed Forces, both with respect to requirements for sustainment-level maintenance and the capability and capacity to perform depot-level maintenance and repair;

(4)

identify and address each type of activity carried out at depots, installation directorates of logistics, regional sustainment-level maintenance sites, reserve component maintenance capability sites, theater equipment support centers, and Army field support brigade capabilities;

(5)

examine relevant guidance provided and regulations prescribed by the Secretary of Defense and the Secretary of each of the military departments, including with respect to programming and budgeting; and

(6)

examine any relevant applicable laws, including the relevant body of work performed by the Government Accountability Office.

(c)

Issues to be addressed

The study required under subsection (a) shall address each of the following issues with respect to depots and depot capabilities:

(1)

The life cycle sustainment maintenance strategies and implementation plans of the Department of Defense and the military departments that cover—

(A)

the role of each type of maintenance activity;

(B)

business operations;

(C)

workload projection;

(D)

outcome-based performance management objectives;

(E)

the adequacy of information technology systems, including workload management systems;

(F)

the workforce, including skills required and development;

(G)

budget and fiscal planning policies; and

(H)

capital investment strategies, including the implementation of section 2476 of title 10, United States Code.

(2)

Current and future maintenance environments, including—

(A)

performance-based logistics;

(B)

supply chain management;

(C)

condition-based maintenance;

(D)

reliability-based maintenance;

(E)

consolidation and centralization, including—

(i)

regionalization;

(ii)

two-level maintenance; and

(iii)

forward-based depot capacity;

(F)

public-private partnerships;

(G)

private-sector depot capability and capacity; and

(H)

the impact of proprietary technical documentation.

(d)

Availability of information

The Secretary of Defense and the Secretaries of each of the military departments shall make available to the entity carrying out the study under subsection (a) all necessary and relevant information to allow the entity to conduct the study in a quantitative and analytical manner.

(e)

Reports to Committees on Armed Services

(1)

Interim report

The contract that the Secretary enters into under subsection (a) shall provide that not later than one year after the commencement of the study conducted under this section, the chief executive officer of the entity that carries out the study pursuant to the contract shall submit to the Committees on Armed Services of the Senate and House of Representatives an interim report on the study.

(2)

Final report

Such contract shall provide that not later than 22 months after the date on which the Secretary of Defense enters into the contract under subsection (a), the chief executive officer of the entity that carries out the study pursuant to the contract shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report on the study. The report shall include each of the following:

(A)

A description of the depot maintenance environment, as of the date of the conclusion of the study, and the anticipated future environment, together with the quantitative data used in conducting the assessment of such environments under the study.

(B)

Recommendations with respect to what would be required to maintain, in a post-reset environment, an efficient and enduring Department of Defense depot capability necessary for national defense.

(C)

Recommendations with respect to any changes to any applicable law that would be appropriate for a post-reset depot maintenance environment.

(D)

Recommendations with respect to the methodology of the Department of Defense for determining core logistics requirements, including an assessment of risk.

(E)

Proposed business rules that would provide incentives for the Secretary of Defense and the Secretaries of the military departments to keep Department of Defense depots efficient and cost effective, including the workload level required for efficiency.

(F)

A proposed strategy for enabling, requiring, and monitoring the ability of the Department of Defense depots to produce performance-driven outcomes and meet materiel readiness goals with respect to availability, reliability, total ownership cost, and repair cycle time.

(G)

Comments provided by the Secretary of Defense and the Secretaries of the military departments on the findings and recommendations of the study.

(f)

Comptroller General review

Not later than 90 days after the date on which the report under subsection (d) is submitted, the Comptroller General shall review the report and submit to the Committees on Armed Services of the Senate and House of Representatives an assessment of the feasibility of the recommendations and whether the findings are supported by the data and information examined.

(g)

Definitions

In this section:

(1)

The term depot-level maintenance and repair has the meaning given that term under section 2460 of title 10, United States Code.

(2)

The term reset means actions taken to repair, enhance, or replace military equipment used in support of operations underway as of the date of the enactment of this Act and associated sustainment.

(3)

The term military equipment includes all weapon systems, weapon platforms, vehicles and munitions of the Department of Defense, and the components of such items.

324.

High-performing organization business process reengineering

(a)

In general

Chapter 3 of title 10, United States Code, is amended by inserting after section 129c the following new section:

129d.

High-performing organizations

(a)

Guidelines for establishment of high-performing organizations

The Secretary of Defense shall develop guidelines for the establishment of a high-performing organization conducted through a business process reengineering initiative. The guidelines shall ensure consideration and assessment of the following:

(1)

Number of employees to be affected by the initiative.

(2)

Resources needed to conduct the initiative.

(3)

Location where the initiative will be performed, and the location of the affected employees if different from the initiative location.

(4)

Functions to be included in the initiative.

(5)

Timeline for implementation of the initiative.

(6)

Estimated duration of the initiative if such initiative is deemed to be temporary.

(b)

Restriction on high-performing organizations

The Secretary of Defense, with respect to matters concerning the Defense Agencies, and the Secretary of a military department, may not begin implementation of a business process reengineering initiative to establish a high performing organization until—

(1)

the Secretary submits to Congress the notification required by subsection (d); and

(2)

the requirements of paragraphs (2) and (3) of section 7106(b) of title 5 are complied with.

(c)

Certain initiatives prohibited

The Secretary of Defense, or the Secretary of a military department, may not implement a high-performing organization if—

(1)

it were to result in a change of the collective bargaining status of an employee in the Department of Defense or in the representation status of a labor organization with exclusive representation status, as provided in section 7114 of title 5; or

(2)

any planned reductions in staffing are based on cost savings assumptions that are unrelated to the establishment of the high performing organization.

(d)

Congressional notification

Forty-five days before commencing a high-performing organization under subsection (a), the Secretary of Defense or the Secretary of the military department concerned shall submit to Congress a notification describing the assessment required by subsection (a).

(e)

Annual evaluation

The Secretary of Defense or the Secretary of the military department concerned shall conduct annual performance reviews of the participating organizations or functions under the jurisdiction of the Secretary. The reviews shall be submitted to Congress. Each review shall evaluate the performance of the high performance organization in the following areas;

(1)

Costs, savings, and overall financial performance of the organization.

(2)

Organic knowledge, skills or expertise.

(3)

Efficiency and effectiveness of key functions or processes.

(4)

Efficiency and effectiveness of the overall organization.

(f)

Definitions

In this section,

(1)

The term high-performing organization means an organization whose performance exceeds that of comparable providers, whether public or private.

(2)

The term business process reengineering initiative means an approach to reinvent or consolidate functions whether they are inherently governmental, military essential, or commercial activities, or a reorganization that is undertaken at the direction of the Office of Management and Budget.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 129c the following new item:

129d. High-performing organizations.

.

325.

Temporary suspension of studies and public-private competitions regarding conversion of functions of the Department of Defense performed by civilian employees to contractor performance

(a)

Findings

Congress finds the following:

(1)

The turbulence caused by the efforts of the Department of Defense to increase the size of the Armed Forces, implement the decisions of the 2005 round of base realignments and closures, and execute transformational initiatives, combined with the strain on the Armed Forces due to ongoing contingency operations, could impede sound decisions regarding the conversion to contractor performance of functions of the Department of Defense performed by civilian employees.

(2)

Public-private competitions may unnecessarily divert Department of Defense personnel and resources away from operational obligations.

(3)

The Secretary of Defense needs to ensure that readiness is fully supported.

(b)

Suspension

During the period beginning on the date of the enactment of this Act and ending on September 30, 2011, no study or public-private competition regarding the conversion to contractor performance of any function of the Department of Defense performed by civilian employees may be begun or announced pursuant to section 2461 of title 10, United States Code, or otherwise pursuant to Office of Management and Budget Circular A–76.

326.

Consolidation of Air Force and Air National Guard aircraft maintenance

(a)

Role of National Guard Bureau

The Secretary of the Air Force shall not implement the consolidation of aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard or the consolidation of aircraft repair facilities and personnel of the Air National Guard with aircraft repair facilities and personnel of the active Air Force until the Secretary consults with, and obtains the consent of, the National Guard Bureau.

(b)

Report on criteria

Not later than 30 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report stating all the criteria being used by the Department of the Air Force and the Rand Corporation to evaluate the feasibility of consolidating Air Force maintenance functions into organizations that would integrate active, Guard, and Reserve components into a total-force approach. The report shall include the assumptions that were provided to or developed by the Rand Corporation for their study of the feasibility of the consolidation proposal.

(c)

Report on feasibility study

At least 90 days before any consolidation actions, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the findings of the Rand Corporation feasibility study and the Rand Corporation’s recommendations, the Air Force’s assessment of the findings and recommendations, any plans developed for implementation of the consolidation, and a delineation of all infrastructure costs anticipated as a result of implementation.

327.

Guidance for performance of civilian personnel work under Air Force civilian personnel consolidation plan

(a)

Guidance for civilian personnel management consolidation

In determining which, if any, civilian personnel management functions may appropriately be consolidated under one command or in a central or regional location, the Secretary of the Air Force shall be guided by the anticipated positive or negative impact upon the productivity of the managed workforces at different commands and the consequently anticipated positive or negative impact upon mission accomplishment at the different commands. This analysis shall be customized for each affected command, taking into account such factors as the size and complexity of the civilian workforce and the extent to which mission accomplishment is dependent upon the productivity of the civilian workforce. What functions are deemed transactional or nontransactional may vary for each affected command. In general, more of the civilian personnel management functions for smaller, less civilian dependent commands may be consolidated in a central or regional location or command while fewer functions may be consolidated from larger, more civilian dependent commands.

(b)

Prohibition on consolidation of certain functions

For the Large Civilian Centers, the Secretary of the Air Force will not consolidate in a central or regional location or command at least the following functions:

(1)

Staffing positions filled through internal or external recruitment processes.

(2)

Development of position classifications or job descriptions.

(3)

Employee management relations, including performance management programs, conduct or discipline programs and labor management programs.

(4)

Labor force planning and management, including internal pay pool management and employee performance reviews.

(5)

Managing workers compensation program pursuant to chapter 81 of title 5, United States Code, or relevant State workers’ compensation programs.

(c)

Large Civilian Center Defined

In this section, the term Large Civilian Center refers to installations or commands with operational missions primarily dependent upon the productivity of civilian workforces typically numbering in the thousands and engaged in program management, systems engineering, research or development, logistics management, software management, management of existing aircraft systems, and depot level maintenance. Such an installation or command typically includes occupational series far in excess of those assigned to other, more typical, Air Force installations or commands.

328.

Report on reduction in number of firefighters on Air Force bases

In an effort to ensure the Air Force is meeting the minimum safety standards for staffing, equipment, and training as required by Department of Defense Installation and Environment Instruction 6055.6, the Secretary of the Air Force shall submit to Congress, not later than 90 days after the date of the enactment of this Act, a report on the effect of the reduction in fire fighters on Air Force bases as a result of PBD720. Such report shall include the following:

(1)

An evaluation of current fire fighting capability and whether the reduction has increased the risk of harm to either fire fighters or those they may serve in response to an emergency.

(2)

An evaluation on whether there is adequate capability within the surrounding municipal communities to support a base aircraft rescue or respond to a fire involving a combat aircraft, cargo aircraft or weapon system.

(4)

An evaluation of the impact on certifications of the base fire departments as a result of the reductions in fire fighting personnel and or functions at the base.

(5)

A plan to restore personnel needed to support the mission should it be determined that personnel reductions resulting from PBD720 have negatively impacted the ability to perform their mission.

D

Energy Security

331.

Annual report on operational energy management and implementation of operational energy strategy

(a)

Report required

Section 2925 of title 10, United States Code, is amended by striking subsection (b) and inserting the following new subsection:

(b)

Annual report related to operational energy

(1)

Simultaneous with the annual report required by subsection (a), the Secretary of Defense, acting through the Director of Operational Energy Plans and Programs, shall submit to the congressional defense committees a report on operational energy management and the implementation of the operational energy strategy established pursuant to section 139b of this title.

(2)

The annual report under this subsection shall address and include the following:

(A)

Statistical information on operational energy demands, in terms of expenditures and consumption, for the preceding five fiscal years, including funding made available in regular defense appropriations Acts and any supplemental appropriation Acts.

(B)

An estimate of operational energy demands for the current fiscal year and next fiscal year, including funding requested to meet operational energy demands in the budget submitted to Congress under section 1105 of title 31 and in any supplemental requests.

(C)

A description of each initiative related to the operational energy strategy and a summary of funds appropriated for each initiative in the previous fiscal year and current fiscal year and requested for each initiative for the next five fiscal years.

(D)

An evaluation of progress made by the Department of Defense—

(i)

in implementing the operational energy strategy, including the progress of key initiatives and technology investments related to operational energy demand and management; and

(ii)

in meeting the operational energy goals set forth in the strategy.

(E)

Such recommendations as the Director considers appropriate for additional changes in organization or authority within the Department of Defense to enable further implementation of the energy strategy and such other comments and recommendations as the Director considers appropriate.

(3)

If a report under this subsection is submitted in a classified form, the Secretary shall concurrently submit to the congressional defense committees an unclassified version of the information required by this subsection.

(4)

In this subsection, the term operational energy means the energy required for moving and sustaining military forces and weapons platforms for military operations. The term includes energy used by tactical power systems and generators and weapons platforms.

.

(b)

Clerical amendments

(1)

Section heading

The heading of such section is amended to read as follows:

2925.

Annual Department of Defense energy management reports

.

(2)

Table of sections

The table of sections at the beginning of subchapter III of chapter 173 of such title is amended by striking the item relating to section 2925 and inserting the following new item:

2925. Annual Department of Defense energy management reports.

.

332.

Consideration of fuel logistics support requirements in planning, requirements development, and acquisition processes

(a)

Planning

In the case of campaign analyses and force planning processes that are used to establish capability requirements and inform acquisition decisions, the Secretary of Defense shall require that campaign analyses and force planning processes consider the requirements for, and vulnerability of, fuel logistics and their relationship to operational capability.

(b)

Capability requirements development process

The Secretary of Defense shall develop and implement a methodology to enable the implementation of a fuel efficiency key performance parameter in the requirements development process.

(c)

Acquisition process

The Secretary of Defense shall require that the life-cycle cost analysis for new capabilities include the fully burdened cost of fuel during analysis of alternatives and evaluation of alternatives and acquisition program design trades.

(d)

Implementation plan

The Secretary of Defense shall prepare a plan for implementing the requirements of this section. The plan shall be completed not later than 180 days after the date of the enactment of this Act and provide for implementation of the requirements not later than three years after such date.

(e)

Report

Until the certification required by subsection (g) is provided, the Secretary of Defense shall submit to the congressional defense committees a report, not later than January 1 of each year, describing progress made to implement the requirements of this section during the preceding fiscal year.

(f)

Fully burdened cost of fuel defined

In this section, the term fully burdened cost of fuel means the commodity price for fuel plus the total cost of all personnel and assets required to move and, when necessary, protect the fuel from the point at which the fuel is received from the commercial supplier to the point of use.

(g)

Certification of compliance

As soon as practicable during the three-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall certify to the congressional defense committees that the Secretary has complied with the requirements of this section. If the Secretary is unable to provide the certification, the Secretary shall submit to the congressional defense committees at the end of the three-year period a report containing—

(1)

an explanation of the reasons why the requirements, or portions of the requirements, have not been implemented; and

(2)

a revised plan under subsection (d) to complete implementation or a rationale regarding why portions of the requirements cannot or should not be implemented.

333.

Study on solar energy for use at forward operating locations

(a)

Study required

The Secretary of Defense shall provide for a study to examine the feasibility of using solar energy to provide electricity at forward operating locations.

(b)

Matters examined

The study shall examine, at a minimum, the following:

(1)

The potential for solar energy to reduce the fuel supply needed to provide electricity at forward operating locations and the extent to which such reduction will decrease the risk of casualties by reducing the number of convoys needed to supply fuel to forward operating locations.

(2)

The cost of using solar energy to provide electricity.

(3)

The potential savings of using solar energy to provide electricity compared to current methods.

(4)

The environmental benefits of using solar energy to provide electricity instead of the current methods.

(5)

The sustainability and operating requirements of solar energy systems for providing electricity compared to current methods.

(c)

Report

Not later than March 1, 2009, the Secretary shall submit to the congressional defense committees a report on the results of the study required by subsection (a).

334.

Study on coal-to-liquid fuels

(a)

Study required

The Secretary of Defense shall conduct a study on alternatives to reduce the life cycle emissions of coal-to-liquid fuels and potential uses of coal-to-liquid fuels to meet the Department’s mobility energy requirements.

(b)

Matters Examines

The study shall examine, at a minimum, the following:

(1)

The potential clean energy alternatives for powering the conversion processes, including nuclear, solar, and wind energies.

(2)

The alternatives for reducing carbon emissions during the conversion processes.

(3)

The military utility of coal-to-liquid fuels for military operations and for use by expeditionary forces compared with the military utility and life cycle emissions of mobile, in-theater synthetic fuel processes.

(c)

Use of federally funded research and development center

The Secretary of Defense shall select a federally funded research and development center to perform the study required by subsection (a).

(d)

Report

Not later than March 1, 2009, the federally funded research and development center shall submit to the congressional defense committees and the Secretary of Defense a report on the results of the study required by subsection (a).

335.

Exception to alternative fuel procurement requirement

Section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is amended—

(1)

by striking No Federal agency and inserting (a) Requirement.—Except as provided in subsection (b), no Federal agency; and

(2)

by adding at the end the following:

(b)

Exception

Subsection (a) does not prohibit a Federal agency from entering into a contract to purchase a generally available fuel that is not an alternative or synthetic fuel or predominantly produced from a nonconventional petroleum source, if—

(1)

the contract does not specifically require the contractor to provide an alternative or synthetic fuel or fuel from a nonconventional petroleum source;

(2)

the purpose of the contract is not to obtain an alternative or synthetic fuel or fuel from a nonconventional petroleum source; and

(3)

the contract does not provide incentives for a refinery upgrade or expansion to allow a refinery to use or increase its use of fuel from a nonconventional petroleum source.

.

336.

Study of Consideration of Greenhouse Gas Emissions in Acquisition Processes

(a)

Study

The Secretary of Defense shall conduct a study to develop procedures and methods to measure and consider greenhouse gas emissions in the acquisition process, and shall include in the study an examination of the following:

(1)

The processes and methods which would need to be developed and adopted to allow the Department of Defense to consider greenhouse gas emissions in the planning, requirements development, and acquisition processes.

(2)

The internal and external data necessary to allow the Department of Defense to consider greenhouse gas emissions in the planning, requirements development, and acquisition processes.

(3)

A timetable for the implementation of such procedures and methods in the acquisition process, as well as an estimate of the costs associated with such implementation.

(4)

Such other factors as the Secretary considers appropriate with respect to the development and implementation of such procedures and methods.

(b)

Report

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Congressional defense committees a report on the results of the study conducted under subsection (a).

E

Reports

341.

Comptroller General report on readiness of Armed Forces

(a)

Report required

(1)

In general

Not later than June 1, 2009, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the readiness of the regular and reserve components of the Armed Forces. The report shall be unclassified but may contain a classified annex.

(2)

One or more reports

In complying with the requirements of this section, the Comptroller General may submit a single report addressing all the elements specified in subsection (b) or two or more reports addressing any combination of such elements.

(b)

Elements

The elements specified in this subsection are the following:

(1)

An analysis of the readiness status, as of the date of the enactment of this Act, of the regular and reserve components of the Army and the Marine Corps, including any significant changes in any trends with respect to such components since 2001.

(2)

An analysis of the readiness status, as of such date, of the regular and reserve components of the Air Force and the Navy, including a description of any major factors that affect the ability of the Navy or Air Force to provide trained and ready forces for ongoing operations and to meet overall readiness goals.

(3)

An analysis of the efforts of the Secretary of each military department to address any major factors affecting the readiness of the regular and reserve components under the jurisdiction of that Secretary.

342.

Report on plan to enhance combat skills of Navy and Air Force personnel

(a)

Report required

At the same time as the budget for fiscal year 2010 is submitted to Congress under section 1105(a) of title 31, United States Code, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on—

(1)

the plans of the Secretary of the Navy to improve the combat skills of the members of the Navy; and

(2)

the plans of the Secretary of the Air Force to improve the combat skills of the members of the Air Force.

(b)

Elements of report

The report required under subsection (a) shall include each of the following:

(1)

The criteria that the Secretary of the Air Force and the Secretary of the Navy use to select permanent sites for their Common Battlefield Airmen Training and Expeditionary Combat Skills courses.

(2)

An identification of the extent to which the Secretary of the Navy and Secretary of the Air Force coordinated with each other and with the Secretary of the Army and the Commandant of the Marine Corps with respect to their plans to expand combat skills training for members of the Navy and Air Force, respectively, together with a complete list of bases or locations that were considered as possible sites for the coordinated training.

(3)

The estimated implementation and sustainment costs for the Air Force Common Battlefield Airmen Training and Navy Expeditionary Combat Skills courses.

(4)

The estimated cost savings, if any, which could result by carrying out such combat skills training at existing Department of Defense facilities or by using existing ground combat training resources.

343.

Comptroller General report on the use of the Army Reserve and National Guard as an operational reserve

(a)

Report required

Not later than June 1, 2009, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of the Army Reserve and National Guard forces as an operational reserve.

(b)

Elements

The report required by subsection (a) shall include a description of current and programmed resources, force structure, and organizational challenges that the Army Reserve and National Guard forces may face serving as an operational reserve, including—

(1)

equipment availability, maintenance, and logistics issues;

(2)

manning and force structure;

(3)

training constraints limiting—

(A)

facilities and ranges;

(B)

access to military schools and skill training; and

(C)

access to the Combat Training Centers; and

(4)

any conflicts with requirements under title 32, United States Code.

344.

Comptroller General report on link between preparation and use of Army reserve component forces to support ongoing operations

(a)

Report required

Not later than June 1, 2009, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the link between the preparation and operational use of the Army’s reserve component forces.

(b)

Elements

The report required by subsection (a) shall include—

(1)

an analysis of the Army’s ability to train and employ reserve component units—

(A)

to execute the wartime or primary missions for which the units are designed; and

(B)

for non-traditional missions to which such units are assigned, as of the date of the enactment of this Act, in support of ongoing operations, including factors affecting unit or individual preparation, the effect of notification timelines, and access to training facilities, including the National Training Center and the Joint Readiness Training Center; and

(2)

an analysis of the effect of mobilization and deployment laws, goals, and policies on the Army’s ability to train and employ reserve component units for the purposes described in paragraph (1).

345.

Comptroller General report on adequacy of funding, staffing, and organization of Department of Defense Military Munitions Response Program

(a)

Report required

Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the adequacy of the funding, staffing, and organization of the Military Munitions Response Program of the Department of Defense.

(b)

Elements

The report required by subsection (a) shall include—

(1)

an analysis of the funding, staffing, and organization of the Military Munitions Response Program; and

(2)

an assessment of the Program mechanisms for the accountability, reporting, and monitoring of the progress of munitions response projects and methods to reduce the length of time of such projects.

346.

Report on options for providing repair capabilities to support ships operating near Guam

(a)

Report required

Not later than March 1, 2009, the Secretary of the Navy shall submit to the committees on Armed Services of the Senate and House of Representatives a report on the best option or combination of options for providing voyage repair capabilities to support all United States Navy ships operating at or near Guam.

(b)

Contents of report

The report required under subsection (a) shall include each of the following:

(1)

The Secretary’s estimate, based on the quantitative data determined to be most appropriate by the Secretary, of the requirements for voyage repairs for all United States Navy vessels operating at or near Guam, including—

(A)

such requirements for ships operated by the Military Sealift Command; and

(B)

such requirements for United States Navy vessels for which the designated homeport of the vessel is anticipated to become Guam as a result of the realignment of the Armed Forces from Okinawa, Japan, to Guam.

(2)

The recommendations of the Secretary for ensuring that adequate voyage repair capabilities are available for all United States Navy ships operating at or near Guam and an estimate of the amount of time required to implement such capabilities.

(3)

The Secretary’s assessment of the benefits and limitations of each option for providing voyage repairs to all United States Navy ships operating at or near Guam and of the anticipated costs and strategic and operational risks associated with each such option.

(4)

A plan and schedule for implementing a course of action to ensure that the required ship repair capability is available by not later than October 31, 2012.

F

Other Matters

351.

Extension of Enterprise Transition Plan reporting requirement

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

352.

Demilitarization of loaned, given, or exchanged documents, historical artifacts, and condemned or obsolete combat materiel

Section 2572(d) of title 10, United States Code, is amended—

(1)

in paragraph (1), by adding at the end the following new sentence: The Secretary concerned shall ensure that an item authorized to be donated under this section is demilitarized, as determined necessary by the Secretary or the Secretary’s delegee, to the extent necessary to render the item unserviceable in the interest of public safety.; and

(2)

in paragraph (2)(A), by inserting before the period at the end the following: , including any expense associated with demilitarizing an item under paragraph (1), for which the recipient of the item shall be responsible.

353.

Repeal of requirement that Secretary of Air Force provide training and support to other military departments for A–10 aircraft

(a)

Repeal

Chapter 901 of title 10, United States Code, is amended by striking section 9316.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by striking the item relating to section 9316.

354.

Display of annual budget requirements for Air Sovereignty Alert Mission

(a)

Submission with annual budget justification documents

For fiscal year 2010 and each subsequent fiscal year, the Secretary of Defense shall submit to the President, for consideration by the President for inclusion with the budget materials submitted to Congress under section 1105(a) of title 31, United States Code, a consolidated budget justification display that covers all programs and activities of the Air Sovereignty Alert mission of the Air Force.

(b)

Requirements for budget display

The budget display under subsection (a) for a fiscal year shall include for such fiscal year the following:

(1)

The funding requirements for the Air Sovereignty Alert mission, and the associated Command and Control mission, including such requirements for—

(A)

pay and allowances;

(B)

support costs;

(C)

Medicare eligible retiree health fund contributions;

(D)

flying hours; and

(E)

any other associated mission costs.

(2)

The amount in the budget for the Air Force for each of the items referred to in paragraph (1).

(3)

The amount in the budget for the Air National Guard for each such item.

355.

Sense of Congress that Air Sovereignty Alert Mission should receive sufficient funding and resources

It is the sense of Congress that—

(1)

since the tragic events of September 11, 2001, the Air National Guard has bravely performed the Air Sovereignty Alert mission to defend the homeland in support of Operation Noble Eagle;

(2)

the Air National Guard continues to serve as the backbone of this vital national security mission;

(3)

the United States Air Force should include full funding for the Air Sovereignty Alert mission in the baseline budget of the Air Force;

(4)

the United States Air Force should program sufficient personnel, equipment, and aircraft resources to the Air National Guard to fully and safely perform the Air Sovereignty Alert mission;

(5)

the capability of Air National Guard aircraft assigned to the Air Sovereignty Alert mission is rapidly deteriorating due to age and may impede the ability of the Air National Guard to protect the homeland;

(6)

by 2015, many of the Air National Guard’s fighter aircraft will have exceeded their service life and will be grounded, resulting in a breach of homeland defense, a potential closure of Air National Guard bases, the loss of critical personnel with the accompanying loss of experience and training, and the loss of the fighter capability of the Air National Guard; and

(7)

the United States Air Force should ensure that the Air National Guard and the Air Sovereignty Alert mission are provided with resources, personnel, and aircraft needed to support this critical mission now and in the future.

356.

Revision of certain Air Force regulations required

(a)

Revision required

Not later than 90 days after the date of enactment of this Act, the Secretary of the Air Force shall revise the Air Freight Transportation Regulation Number 5, dated January 15, 1999, to conform with Defense Travel Regulations to ensure that freight covered by Air Freight Transportation Regulation Number 5 is carried in accordance with commercial best practices that are based upon a mode-neutral approach.

(b)

Mode-neutral approach defined

For purposes of this section, the term mode-neutral approach means a method of shipment that allows a shipper to choose a carrier with a time-definite performance standard for delivery without specifying a particular mode of conveyance and allows the carrier to select the mode of conveyance using best commercial practices as long as the mode of conveyance can reasonably be expected to ensure the time-definite delivery requested by the shipper.

357.

Transfer of C–12 aircraft to California Department of Forestry and Fire Protection

(a)

Authority

The Secretary of the Army may convey to the California Department of Forestry and Fire Protection (hereinafter in this section referred to as CAL FIRE), all right, title, and interest of the United States in three C–12 aircraft that the Secretary has determined are surplus to need.

(b)

Conveyance at no cost to the United States

The conveyance of an aircraft authorized by this section shall be made at no cost to the United States. Any costs associated with such conveyance, costs of determining compliance with terms of the conveyance, and costs of operation and maintenance of the aircraft conveyed shall be borne by CAL FIRE.

358.

Availability of funds for Irregular Warfare Support program

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

359.

Sense of Congress regarding procurement and use of munitions

It is the sense of Congress that the Secretary of Defense should—

(1)

in making decisions with respect to procurement of munitions, develop methods to account for the full life-cycle costs of munitions, including the effects of failure rates on the cost of disposal; and

(2)

undertake a review of live-fire practices for the purpose of reducing unexploded ordnance and munitions-constituent contamination without impeding military readiness.

360.

Limitation on obligation of funds for Air Combat Command Management Headquarters

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

361.

Increase of domestic sourcing of military working dogs used by the Department of Defense

(a)

Increased Capacity

The Secretary of Defense, acting through the Executive Agent for Military Working Dogs (hereinafter in this section referred to as the Executive Agent), shall—

(1)

identify the number of military working dogs required to fulfill the various missions of the Department of Defense for which such dogs are used, including force protection, facility and check point security, and explosives and drug detection;

(2)

take such steps as are practicable to ensure an adequate number of military working dog teams are available to meet and sustain the mission requirements identified in paragraph (1);

(3)

ensure that the Department’s needs and performance standards with respect to military working dogs are readily available to dog breeders and trainers; and

(4)

coordinate with other Federal, State, or local agencies, nonprofit organizations, universities, or private sector entities, as appropriate, to increase the training capacity for military working dog teams.

(b)

Military working dog procurement

The Secretary, acting through the Executive Agent shall work to ensure that military working dogs are procured as efficiently as possible and at the best value to the Government, while maintaining the necessary level of quality and encouraging increased domestic breeding, with the ultimate goal of procuring all military working dogs through domestic breeders.

(c)

Military working dog defined

For purposes of this section, the term military working dog means a dog used in any official military capacity, as defined by the Secretary of Defense.

362.

Funding for programs relating to dental readiness for the Army Reserve

Of the amount authorized in section 301(6) to be appropriated for fiscal year 2009 for the Army Reserve—

(1)

$22,300,000 is authorized for first term dental readiness; and

(2)

$8,500,000 is authorized for demobilization dental treatment.

IV

Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revision in permanent active duty end strength minimum levels.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the Reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2009 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.

Sec. 416. Additional waiver authority of limitation on number of reserve component members authorized to be on active duty.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

A

Active Forces

401.

End strengths for active forces

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2009, as follows:

(1)

The Army, 532,400.

(2)

The Navy, 326,323.

(3)

The Marine Corps, 194,000.

(4)

The Air Force, 317,050.

402.

Revision in permanent active duty end strength minimum levels

Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

(1)

For the Army, 532,400.

(2)

For the Navy, 326,323.

(3)

For the Marine Corps, 194,000.

(4)

For the Air Force, 317,050.

.

B

Reserve Forces

411.

End strengths for Selected Reserve

(a)

In general

The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2009, as follows:

(1)

The Army National Guard of the United States, 352,600.

(2)

The Army Reserve, 205,000.

(3)

The Navy Reserve, 66,700.

(4)

The Marine Corps Reserve, 39,600.

(5)

The Air National Guard of the United States, 106,700.

(6)

The Air Force Reserve, 67,400.

(7)

The Coast Guard Reserve, 10,000.

(b)

End strength reductions

The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1)

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2)

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c)

End strength increases

Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

412.

End strengths for Reserves on active duty in support of the Reserves

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2009, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1)

The Army National Guard of the United States, 32,060.

(2)

The Army Reserve, 17,070.

(3)

The Navy Reserve, 11,099.

(4)

The Marine Corps Reserve, 2,261.

(5)

The Air National Guard of the United States, 14,337.

(6)

The Air Force Reserve, 2,733.

413.

End strengths for military technicians (dual status)

The minimum number of military technicians (dual status) as of the last day of fiscal year 2009 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1)

For the Army Reserve, 8,395.

(2)

For the Army National Guard of the United States, 27,210.

(3)

For the Air Force Reserve, 10,003.

(4)

For the Air National Guard of the United States, 22,452.

414.

Fiscal year 2009 limitation on number of non-dual status technicians

(a)

Limitations

(1)

National guard

Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2009, may not exceed the following:

(A)

For the Army National Guard of the United States, 1,600.

(B)

For the Air National Guard of the United States, 350.

(2)

Army reserve

The number of non-dual status technicians employed by the Army Reserve as of September 30, 2009, may not exceed 595.

(3)

Air force reserve

The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2009, may not exceed 90.

(b)

Non-Dual status technicians defined

In this section, the term non-dual status technician has the meaning given that term in section 10217(a) of title 10, United States Code.

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.

416.

Additional waiver authority of limitation on number of reserve component members authorized to be on active duty

(a)

Additional waiver authority

Subsection (a) of section 123a of title 10, United States Code, is amended—

(1)

by inserting (1) before If at the end; and

(2)

by adding at the end the following new paragraph:

(2)

When a designation of a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) is in effect, the President may waive any statutory limit that would otherwise apply during the period of the designation on the number of members of a reserve component who are authorized to be on active duty under subparagraph (A) or (B) of section 115(b)(1) of this title, if the President determines the waiver is necessary to provide assistance in responding to the major disaster or emergency.

.

(b)

Termination of waiver

Subsection (b) of such section is amended—

(1)

by striking the subsection heading and inserting the following: Termination of waiver.—(1);

(2)

by striking subsection (a) and inserting subsection (a)(1); and

(3)

by adding at the end the following new paragraph:

(2)

A waiver granted under subsection (a)(2) shall terminate not later than 90 days after the date on which the designation of the major disaster or emergency that was the basis for the waiver expires.

.

(c)

Clerical amendments

(1)

Section heading

The heading of such section is amended to read as follows:

123a.

Suspension of end-strength and other strength limitations in time of war or national emergency

.

(2)

Table of sections

The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 123a and inserting the following new item:

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

.

C

Authorization of Appropriations

421.

Military personnel

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

V

Military Personnel Policy

Subtitle A—Officer Personnel Policy Generally

Sec. 501. Mandatory separation requirements for regular warrant officers for length of service.

Sec. 502. Requirements for issuance of posthumous commissions and warrants.

Sec. 503. Extension of authority to reduce minimum length of active service required for voluntary retirement as an officer.

Sec. 504. Increase in authorized number of general officers on active duty in the Marine Corps.

Subtitle B—Reserve Component Management

Sec. 511. Extension to all military departments of authority to defer mandatory separation of military technicians (dual status).

Sec. 512. Increase in authorized strengths for Marine Corps Reserve officers on active duty in the grades of major and lieutenant colonel to meet force structure requirements.

Sec. 513. Clarification of authority to consider for a vacancy promotion National Guard officers ordered to active duty in support of a contingency operation.

Sec. 514. Increase in mandatory retirement age for certain Reserve officers.

Sec. 515. Age limit for retention of certain Reserve officers on active-status list as exception to removal for years of commissioned service.

Sec. 516. Authority to retain Reserve chaplains and officers in medical and related specialties until age 68.

Sec. 517. Study and report regarding personnel movements in Marine Corps Individual Ready Reserve.

Subtitle C—Joint Qualified Officers and Requirements

Sec. 521. Joint duty requirements for promotion to general or flag officer.

Sec. 522. Technical, conforming, and clerical changes to joint specialty terminology.

Sec. 523. Promotion policy objectives for Joint Qualified Officers.

Sec. 524. Length of joint duty assignments.

Sec. 525. Designation of general and flag officer positions on Joint Staff as positions to be held only by reserve component officers.

Sec. 526. Treatment of certain service as joint duty experience.

Subtitle D—General Service Authorities

Sec. 531. Increase in authorized maximum reenlistment term.

Sec. 532. Career intermission pilot program.

Subtitle E—Education and Training

Sec. 541. Repeal of prohibition on phased increase in midshipmen and cadet strength limit at United States Naval Academy and Air Force Academy.

Sec. 542. Promotion of foreign and cultural exchange activities at military service academies.

Sec. 543. Compensation for civilian President of Naval Postgraduate School.

Sec. 544. Increased authority to enroll defense industry employees in defense product development program.

Sec. 545. Requirement of completion of service under honorable conditions for purposes of entitlement to educational assistance for reserve components members supporting contingency operations.

Sec. 546. Consistent education loan repayment authority for health professionals in regular components and Selected Reserve.

Sec. 547. Increase in number of units of Junior Reserve Officers’ Training Corps.

Sec. 548. Correction of erroneous Army College Fund benefit amounts.

Sec. 549. Expanded authority for institutions of professional military education to award degrees.

Sec. 550. Enhancing education partnerships to improve accessibility and flexibility for members of the Armed Forces.

Subtitle F—Military Justice

Sec. 551. Grade of Staff Judge Advocate to the Commandant of the Marine Corps.

Sec. 552. Standing military protection order.

Sec. 553. Mandatory notification of issuance of military protective order to civilian law enforcement.

Sec. 554. Implementation of information database on sexual assault incidents in the Armed Forces.

Subtitle G—Decorations, Awards, and Honorary Promotions

Sec. 561. Replacement of military decorations.

Sec. 562. Authorization and request for award of Medal of Honor to Richard L. Etchberger for acts of valor during the Vietnam War.

Sec. 563. Advancement of Brigadier General Charles E. Yeager, United States Air Force (retired), on the retired list.

Sec. 564. Advancement of Rear Admiral Wayne E. Meyer, United States Navy (retired), on the retired list.

Sec. 565. Award of Vietnam Service Medal to veterans who participated in Mayaguez rescue operation.

Sec. 566. Retroactive award of Army Combat Action Badge.

Subtitle H—Impact Aid

Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 572. Calculation of payments under Department of Education’s Impact Aid program.

Subtitle I—Military Families

Sec. 581. Presentation of burial flag.

Sec. 582. Education and training opportunities for military spouses.

Sec. 583. Sense of the Congress regarding honor guard details for funerals of veterans.

Subtitle J—Other Matters

Sec. 591. Inclusion of Reserves in providing Federal aid for State governments, enforcing Federal authority, and responding to major public emergencies.

Sec. 592. Interest payments on certain claims arising from correction of military records.

Sec. 593. Extension of limitation on reductions of personnel of agencies responsible for review and correction of military records.

Sec. 594. Authority to order Reserve units to active duty to provide assistance in response to a major disaster or emergency.

Sec. 595. Senior Military Leadership Diversity Commission.

Sec. 596. Limitation on simultaneous deployment to combat zones of dual-military couples who have minor dependents.

Sec. 597. Additional funds to carry out funeral honor functions at funerals for veterans.

A

Officer Personnel Policy Generally

501.

Mandatory separation requirements for regular warrant officers for length of service

Section 1305(a) of title 10, United States Code, is amended—

(1)

by striking A regular warrant officer who has at least 30 years of active service as a warrant officer that could be credited to him and inserting (1) A regular warrant officer (other than a regular Army warrant officer) who has at least 30 years of active service that could be credited to the officer; and

(2)

by adding at the end the following new paragraph:

(2)

In the case of a regular Army warrant officer, the calculation of years of active service under paragraph (1) shall include only years of active service as a warrant officer.

.

502.

Requirements for issuance of posthumous commissions and warrants

(a)

Posthumous commissions

Section 1521 of title 10, United States Code, is amended—

(1)

in subsection (a), by striking in line of duty each place it appears; and

(2)

by adding at the end the following new subsection:

(c)

A commission issued under subsection (a) in connection with the promotion of a deceased member to a higher commissioned grade shall require certification by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.

.

(b)

Posthumous warrants

Section 1522(a) of such title is amended—

(1)

by striking in line of duty; and

(2)

by adding at the end the following new subsection:

(c)

A warrant issued under subsection (a) in connection with the promotion of a deceased member to a higher grade shall require a finding by the Secretary of the military department concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.

.

503.

Extension of authority to reduce minimum length of active service required for voluntary retirement as an officer

(a)

Army

Section 3911(b)(2) of title 10, United States Code, is amended by inserting after December 31, 2008, the following: and again during the one-year period beginning on October 1, 2013,.

(b)

Navy and Marine Corps

Section 6323(a)(2)(B) of such title is amended by inserting after December 31, 2008, the following: and again during the one-year period beginning on October 1, 2013,.

(c)

Air Force

Section 8911(b)(2) of such title is amended by inserting after December 31, 2008, the following: and again during the one-year period beginning on October 1, 2013,.

504.

Increase in authorized number of general officers on active duty in the Marine Corps

(a)

Increase

Section 526(a)(4) of title 10, United States Code, is amended by striking 80 and inserting 81.

(b)

Conforming amendments regarding distribution of Marine general officers

Section 525 of such title is amended—

(1)

in the first sentence of subsection (a), by striking that armed force and inserting the Army or Air Force, or more than 51 percent of the general officers of the Marine Corps,; and

(2)

in subsection (b)(2)(B), by striking 17.5 percent and inserting 19 percent.

B

Reserve Component Management

511.

Extension to all military departments of authority to defer mandatory separation of military technicians (dual status)

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

512.

Increase in authorized strengths for Marine Corps Reserve officers on active duty in the grades of major and lieutenant colonel to meet force structure requirements

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

Marine Corps Reserve:MajorLieutenant ColonelColonel
1,100 .........996320
1,200 .........1036721
1,300 .........1077022
1,400 .........1117323
1,500 .........1147624
1,600 .........1177925
1,700 .........1208226
1,800 .........1238527
1,900 .........1268828
2,000 .........1299129
2,100 .........1329430
2,200 .........1349731
2,300 .........1369932
2,400 .........13810133
2,500 .........14010334
2,600 .........14210535

.

513.

Clarification of authority to consider for a vacancy promotion National Guard officers ordered to active duty in support of a contingency operation

(a)

Additional exception

Subsection (d) of section 14317 of title 10, United States Code, is amended—

(1)

in the first sentence—

(A)

by striking Except and inserting (1) Except;

(B)

by striking unless the officer is ordered and inserting

unless the officer—

(A)

is ordered

;

(C)

by striking the period at the end and inserting ; or; and

(D)

by adding at the end the following new subparagraph:

(B)

has been ordered to or is serving on active duty in support of a contingency operation.

; and

(2)

in the second sentence, by striking If and inserting the following:

(2)

If

.

(b)

Consideration for promotion by examination for Federal recognition

Subsection (e)(1)(B) of such section is amended by inserting before the period at the end the following: , or by examination for Federal recognition under title 32.

514.

Increase in mandatory retirement age for certain Reserve officers

(a)

Selective service and property and fiscal officers

Section 12647 of title 10, United States Code, is amended by striking 60 years and inserting 62 years.

(b)

Certain Reserve officers in grades of major through brigadier general

(1)

Increased age

Section 14702(b) of such title is amended—

(A)

in the subsection heading, by striking at age 60 and inserting for age; and

(B)

by striking subsection (a)(1) or (a)(2). and all that follows through the period at the end of the last sentence and inserting the following: paragraph (1) or (2) of subsection (a). An officer described in paragraph (1) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 62 years of age. An officer described in paragraph (2) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 60 years of age..

(c)

Clerical amendments

(1)

Section heading

The heading of section 14702 of such title is amended to read as follows:

14702.

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

.

(2)

Table of sections

The table of sections at the beginning of chapter 1409 of such title is amended by striking the item relating to section 14702 and inserting the following new item:

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

.

515.

Age limit for retention of certain Reserve officers on active-status list as exception to removal for years of commissioned service

Section 14508 of title 10, United States Code, is amended—

(1)

by redesignating subsection (g) as subsection (h); and

(2)

by inserting after subsection (f) the following new subsection (g):

(g)

Retention of lieutenant generals

A reserve officer of the Army or Air Force in the grade of lieutenant general who would otherwise be removed from an active status under subsection (c) may, in the discretion of the Secretary of the Army or the Secretary of the Air Force, as the case may be, be retained in an active status, but not later than the date on which the officer becomes 66 years of age.

.

516.

Authority to retain Reserve chaplains and officers in medical and related specialties until age 68

(a)

Reserve chaplains and medical officers

Section 14703(b) of title 10, United States Code, is amended by striking 67 years and inserting 68 years.

(b)

National guard chaplains and medical officers

Section 324 of title 32, United States Code, is amended by adding at the end the following new subsection:

(c)

Notwithstanding subsection (a)(1), an officer of the National Guard serving as a chaplain, medical officer, dental officer, nurse, veterinarian, Medical Service Corps officer, or biomedical sciences officer may be retained, with the officer’s consent, until the date on which the officer becomes 68 years of age.

.

517.

Study and report regarding personnel movements in Marine Corps Individual Ready Reserve

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

C

Joint Qualified Officers and Requirements

521.

Joint duty requirements for promotion to general or flag officer

(a)

In general

Section 619a of title 10, United States Code, is amended—

(1)

in subsection (a), by striking unless— and all that follows through the joint specialty and inserting unless the officer has been designated as a Joint Qualified Officer;

(2)

in subsection (b)—

(A)

by striking paragraph (1) or paragraph (2) of subsection (a), or both paragraphs (1) and (2) of subsection (a), in the matter preceding paragraph (1) and inserting subsection (a); and

(B)

in paragraph (4), by striking within that immediate organization is not less than two years and inserting is not less than two years and the officer has successfully completed a program of education described in subsections (b) and (c) of section 2155 of this title; and

(3)

by striking subsection (h).

(b)

Clerical amendments

(1)

Section heading

The heading of such section is amended to read as follows:

619a.

Eligibility for consideration for promotion: designation as Joint Qualified Officer required before promotion to general or flag grade; exceptions

.

(2)

Table of sections

The table of sections at the beginning of subchapter II of chapter 36 of such title is amended by striking the item relating to section 619a and inserting the following new item:

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

.

522.

Technical, conforming, and clerical changes to joint specialty terminology

(a)

Reference to joint qualified officer

(1)

In general

Subsection (a) of section 661 of title 10, United States Code, is amended in the second sentence by striking in such manner as the Secretary of Defense directs and inserting as a Joint Qualified Officer or in such other manner as the Secretary of Defense directs.

(2)

Section heading

The heading of such section is amended to read as follows:

661.

Management policies for Joint Qualified Officers

.

(3)

Table of sections

The table of sections at the beginning of chapter 38 of such title is amended by striking the item related to section 661 and inserting the following new item:

661. Management policies for Joint Qualified Officers.

.

(b)

Joint duty assignments after completion of joint professional military education

Section 663 of title 10, United States Code, is amended—

(1)

in subsection (a)—

(A)

in the subsection heading, by striking joint specialty and inserting joint qualified; and

(B)

by striking with the joint specialty and inserting designated as a Joint Qualified Officer; and

(2)

in subsection (b)(1), by striking do not have the joint specialty and inserting are not designated as a Joint Qualified Officer.

(c)

Procedures for monitoring careers of joint qualified officers

(1)

In general

Section 665 of such title is amended—

(A)

in subsection (a)(1)(A), by striking with the joint specialty and inserting designated as a Joint Qualified Officer; and

(B)

in subsection (b)(1), by striking with the joint specialty and inserting designated as a Joint Qualified Officer.

(2)

Section heading

The heading of such section is amended to read as follows:

665.

Procedures for monitoring careers of Joint Qualified Officers

.

(3)

Table of sections

The table of sections at the beginning of chapter 38 of such title is amended by striking the item related to section 665 and inserting the following new item:

665. Procedures for monitoring careers of Joint Qualified Officers.

.

(d)

Joint specialty terminology in annual report

Section 667 of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (A), by striking selected for the joint specialty and inserting designated as a Joint Qualified Officer; and

(B)

in subparagraph (B), by striking selection for the joint specialty and inserting designation as a Joint Qualified Officer,;

(2)

in paragraph (2), by striking with the joint specialty and inserting designated as a Joint Qualified Officer;

(3)

in paragraph (3), by striking selected for the joint specialty each place it appears and inserting designated as a Joint Qualified Officer;

(4)

in paragraph (4)—

(A)

in subparagraph (A), by striking selected for the joint specialty and inserting designated as a Joint Qualified Officer; and

(B)

by striking subparagraph (B) and inserting the following new subparagraph:

(B)

a comparison of the number of officers who were designated as a Joint Qualified Officer who had served in a Joint Duty Assignment List billet and completed Joint Professional Military Education Phase II, with the number designated as a Joint Qualified Officer based on their aggregated joint experiences and completion of Joint Professional Military Education Phase II.

;

(5)

by striking paragraphs (5) through (10), (13), and (16), and redesignating paragraphs (11), (12), (14) (15), (17), and (18) as paragraphs (7), (8), (9), (10), (12), and (13), respectively;

(6)

by inserting after paragraph (4) the following new paragraphs:

(5)

The promotion rate for officers designated as a Joint Qualified Officer, compared with the promotion rate for other officers considered for promotion from within the promotion zone in the same pay grade and the same competitive category. A similar comparison will be made for officers both below the promotion zone and above the promotion zone.

(6)

An analysis of assignments of officers after their designation as a Joint Qualified Officer.

; and

(7)

by inserting after paragraph (10), as redesignated by paragraph (5), the following new paragraph:

(11)

The number of officers in the grade of captain (or in the case of the Navy, lieutenant) and above, certified at each level of joint qualification as established in regulation and policy by the Secretary of Defense with the advice of the Chairman of the Joint Chiefs of Staff. Such numbers shall be reported by service and grade of the officer.

.

523.

Promotion policy objectives for Joint Qualified Officers

Section 662 of title 10, United States Code, is amended—

(1)

in subsection (a), by striking that— and all that follows through served in joint duty assignments and inserting that officers in the grade of major (or in the case of the Navy, lieutenant commander) or above who are designated as a Joint Qualified Officer; and

(2)

in subsection (b), by striking officers who are serving in, or have served in, joint duty assignments, especially with respect to the record of officer selection boards in meeting the objectives of paragraphs (1) and (2) of subsection (a). and inserting officers in the grades of major (or in the case of the Navy, lieutenant commander) through colonel (or in the case of the Navy, captain) who are designated as a Joint Qualified Officer, especially with respect to the record of officer selection boards in meeting the objective of subsection (a)..

524.

Length of joint duty assignments

(a)

Service excluded from tour length

Subsection (d) of section 664 of title 10, United States Code, is amended—

(1)

in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph:

(D)

a qualifying reassignment from a joint duty assignment—

(i)

for unusual personal reasons, including extreme hardship and medical conditions, beyond the control of the officer or the armed forces; or

(ii)

to another joint duty assignment immediately after—

(I)

the officer was promoted to a higher grade, if the reassignment was made because no joint duty assignment was available within the same organization that was commensurate with the officer’s new grade; or

(II)

the officer’s position was eliminated in a reorganization.

; and

(2)

by striking paragraph (3) and inserting the following new paragraph:

(3)

Service in a joint duty assignment in a case in which the officer’s tour of duty in that assignment brings the officer’s accrued service for purposes of subsection (f)(3) to the applicable standard prescribed in subsection (a).

.

(b)

Computing average length of joint duty assignments

Subsection (e) of such section is amended by striking paragraph (2) and inserting the following new paragraph:

(2)

In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service:

(A)

Service described in subsection (c).

(B)

Service described in subsection (d).

(C)

Service described in subsection (f)(6).

.

(c)

Completion of tour of duty

Subsection (f) of such section is amended—

(1)

in paragraph (3), by striking Cumulative service and inserting Accrued joint experience;

(2)

in paragraph (4), by striking (except and all that follows through any time); and

(3)

by striking paragraph (6) and inserting the following new paragraph:

(6)

A second and subsequent joint duty assignment that is less than the period required under subsection (a), but not less than two years.

.

(d)

Accrued joint experience as full tour of duty

Subsection (g) of such section is amended to read as follows:

(g)

Accrued joint experience

For the purposes of subsection (f)(3), the Secretary of Defense may prescribe, by regulation, certain joint experience, such as temporary duty in joint assignments, joint individual training, and participation in joint exercises, that may be aggregated to equal a full tour of duty. The Secretary shall prescribe the regulations with the advice of the Chairman of the Joint Chiefs of Staff.

.

(e)

Constructive credit

Subsection (h) of such section is amended—

(1)

in paragraph (1), by striking subsection (f)(1), (f)(2), (f)(4), or (g)(2) and inserting paragraphs (1), (2), and (4) of subsection (f); and

(2)

by striking paragraph (3).

(f)

Repeal of Joint Duty Credit for Certain Joint Task Force Assignments

Such section is further amended by striking subsection (i).

525.

Designation of general and flag officer positions on Joint Staff as positions to be held only by reserve component officers

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

526.

Treatment of certain service as joint duty experience

(a)

Vice Chiefs, Army and Air National Guard

Section 10506(a)(3) of title 10, United States Code is amended—

(1)

by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; and

(2)

by inserting after subparagraph (B) the following new subparagraph (C):

(C)

Service of an officer as adjutant general shall be treated as joint duty experience for purposes of assignment or promotion to any position designated by law as open to a National Guard general officer.

.

(b)

Adjutants general and similar officers

The service of an officer of the Armed Forces as adjutant general, or as an officer (other than adjutant general) of the National Guard of a State who performs the duties of adjutant general under the laws of such State, shall be treated as joint duty or joint duty experience for purposes of any provisions of law required such duty or experience as a condition of assignment or promotion.

(c)

Report on Duty in joint force headquarters to qualify as joint duty experience

Not later than April 1, 2009, the Chief of the National Guard Bureau shall, in consultation with the adjutants general of the National Guard, submit to the Chairman of the Joint Chiefs of Staff and to Congress a report setting forth the recommendations of the Chief of the National Guard Bureau as to which duty of officers of the National Guard in the Joint Force Headquarters of the National Guard of the States should qualify as joint duty or joint duty experience for purposes of the provisions of law requiring such duty or experience as a condition of assignment or promotion.

(d)

Reports on joint education courses

Not later than April 1 of each of 2009, 2010, and 2011, the Chairman of the Joint Chiefs of Staff shall submit to Congress a report setting forth information on the joint education courses available through the Department of Defense for purposes of the pursuit of joint careers by officers in the Armed Forces. Each report shall include, for the preceding year, the following:

(1)

A list and description of the joint education courses so available during such year.

(2)

A list and description of the joint education courses listed under paragraph (1) that are available to and may be completed by officers of the reserve components of the Armed Forces in other than an in-resident duty status under title 10 or 32, United States Code.

(3)

For each course listed under paragraph (1), the number of officers from each Armed Force who pursued such course during such year, including the number of officers of the Army National Guard, and of the Air National Guard, who pursued such course.

(e)

Memorandum of Understanding regarding the United States Northern Command and other combatant commands

(1)

Memorandum required

Not later than 180 days after the date of the enactment of this Act, the Commander of the United States Northern Command, the Commander of the United States Pacific Command, and the Chief of the National Guard Bureau shall, with the approval of the Secretary of Defense, jointly enter into a memorandum of understanding setting forth the operational relationships, and individual roles and responsibilities, during responses to domestic emergencies among the United States Northern Command, the United States Pacific Command, and the National Guard Bureau.

(2)

Modification

The Commander of the United States Northern Command, the Commander of the United States Pacific Command, and the Chief of the National Guard Bureau may from time to time modify the memorandum of understanding under this subsection to address changes in circumstances and for such other purposes as the Commander of the United States Northern Command, the Commander of the United States Pacific Command, and the Chief of the National Guard Bureau jointly consider appropriate. Each such modification shall be subject to the approval of the Secretary of Defense.

(f)

Report on Defense of the Homeland

(1)

Review

The Secretary of Defense, in consultation with the Chief of the National Guard Bureau, shall conduct a review of the role of the Department of Defense in the defense of the homeland. In conducting that review, the Secretary shall—

(A)

assess section II of the Final Report to Congress and the Secretary of Defense of the Commission on the National Guard and Reserves, dated January 31, 2008, and titled Transforming the National Guard and Reserves into a 21st-Century Operational Force; and

(B)

comment on recommendation number 2 under section II of the report described in subparagraph (A).

(2)

Report

Not later than April 1, 2009, the Secretary of Defense shall issue to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the review.

D

General Service Authorities

531.

Increase in authorized maximum reenlistment term

(a)

Increase to eight-year maximum

Section 505(d) of title 10, United States Code, is amended—

(1)

in paragraph (2), by striking six years and inserting eight years; and

(2)

in paragraph (3)(A), by striking six years and inserting eight years.

(b)

Conforming amendment regarding reenlistment bonus

Section 308(a)(2)(ii) of title 37, United States Code, is amended by striking not to exceed six.

532.

Career intermission pilot program

(a)

Program authorized

Chapter 40 of title 10, United States Code, is amended by inserting after section 708 the following new section:

708a.

Career intermission pilot program

(a)

Program authorized

(1)

The Secretary of a military department may establish a pilot program under which an officer or enlisted member of an armed force under the jurisdiction of the Secretary—

(A)

is released from active duty for a period not to exceed the period specified in subsection (c)(1) to meet personal or professional needs of the member;

(B)

is transferred to the Ready Reserve of that armed force during such period, as provided in subsection (d); and

(C)

is returned to active duty at the end of such period, as provided in subsection (c)(2).

(2)

The pilot program shall be known as the Career Intermission Pilot Program (in this section referred to as the program).

(b)

Number of participants

No more than 20 officers and 20 enlisted members of each armed force under the jurisdiction of the Secretary of a military department may be selected per year for participation in the program.

(c)

Maximum duration of absence; return to active duty

(1)

The period during which a member participating in the program will be released from active duty shall be agreed upon by the Secretary concerned and the member, but the period may not exceed three years from the date of the member’s release from active duty.

(2)

A member participating in the program shall return to active duty at the end of the agreed-upon period or such earlier date as the member may request.

(d)

Reserve agreement

(1)

Before being released from active duty under the program, a member participating in the program shall—

(A)

be appointed or enlisted in the Ready Reserve for the member’s armed force; and

(B)

enter into an agreement with the Secretary concerned to serve on active duty in a regular or reserve component, as determined by the Secretary, for a period of not less than two months for every month of program participation following the member’s return to active duty.

(2)

During the period of release from active duty, a member participating in the program shall report at least once per month to a location designated by the Secretary concerned and be required to maintain the job specialty qualifications the member held immediately before being released from active duty under the program.

(3)

The Secretary of Defense shall issue regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by this subsection. At a minimum, the Secretary shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) while the member is released from active duty.

(e)

Exclusion of time in program

Time spent in the program shall not count toward—

(1)

determining eligibility for retirement or transfer to the Ready Reserve under chapter 367, 571, 867, or 1223 of this title;

(2)

computation of retired or retainer pay under chapter 71 or chapter 1223 of this title; or

(3)

computation of total years of commissioned service under section 14706 of this title.

(f)

Medical and dental care

While a member is participating in the program, the member shall remain entitled to medical and dental care on the same basis as a member of the armed forces on active duty, and dependents of a member participating in the program shall remain entitled to medical and dental care on the same basis as the dependents of a member of the armed forces on active duty.

(g)

Promotion eligibility

(1)

An officer participating in the program shall not be eligible for consideration for promotion under chapter 36 or 1405 of this title during the period of the officer’s release from active duty. Upon return to active duty—

(A)

the officer’s date of rank shall be adjusted to a later date under regulations prescribed by the Secretary of Defense; and

(B)

the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration.

(2)

An enlisted member participating in the program is ineligible for consideration for promotion during the period of the member’s release from active duty and until such time after the member’s return to active duty when the member becomes eligible for promotion by reason of time in grade and such other requirements as may be specified in regulations.

(h)

Basic pay

For each month during which a member is released from active duty under the program, the member is entitled to two times one-thirtieth of the basic pay to which the member would be otherwise entitled based on grade and years of service if the member remained on active duty.

(i)

Travel and transportation allowances

(1)

Notwithstanding any other provision of law, a member participating in the program is entitled to the travel and transportation allowances under section 404 of title 37 for travel—

(A)

performed from the member’s location, at the time of the member’s release from active duty under the program, to the location in the United States designated as the member’s permanent residence; and

(B)

performed in connection with the member’s return to active duty.

(2)

An allowance will be paid under this subsection for travel to and from only one residence.

(j)

Special and incentive pays and bonuses

While released from active duty under the program, a member may not receive any special or incentive pay or bonus under chapter 5 of title 37 to which the member would otherwise be entitled. When the member returns to active duty after the period of participation in the program, the member shall receive all of the special and incentive pays that the member was receiving before being released from active duty and for which the member remains qualified to receive upon the return to active duty.

(k)

Duration of program authority

The authority to conduct the program commences on January 1, 2009, and no member may be released from active duty under the program after December 31, 2014.

.

(b)

Exclusion from computation of Reserve officer’s total years of service

Section 14706(a) of such title is amended by adding at the end the following new paragraph:

(4)

Service while participating in the Career Intermission Pilot Program under section 708a of this title.

.

(c)

Clerical amendment

The table of sections at the beginning of chapter 40 of such title is amended by inserting after the item relating to section 708 the following new item:

708a. Career intermission pilot program.

.

E

Education and Training

541.

Repeal of prohibition on phased increase in midshipmen and cadet strength limit at United States Naval Academy and Air Force Academy

(a)

Naval Academy

Section 6954(h)(1) of title 10, United States Code, is amended by striking the last sentence.

(b)

Air Force Academy

Section 9342(j)(1) of title 10, United States Code, is amended by striking the last sentence.

542.

Promotion of foreign and cultural exchange activities at military service academies

(a)

United States Military Academy

(1)

In general

Chapter 403 of title 10, United States Code, is amended by inserting after section 4345 the following new section:

4345a.

Foreign and cultural exchange activities

(a)

Attendance authorized

The Secretary of the Army may authorize the Academy to permit students, officers, and other representatives of a foreign country to attend the Academy for periods of not more than two weeks if the Secretary determines that the attendance of such persons contributes significantly to the development of foreign language, cross cultural interactions and understanding, and cultural immersion of cadets.

(b)

Costs and expenses

The Secretary may pay the travel, subsistence, and similar personal expenses of persons incurred to attend the Academy under subsection (a).

(c)

Effect of attendance

Persons attending the Academy under subsection (a) are not considered to be students enrolled at the Academy and are in addition to persons receiving instruction at the Academy under section 4344 or 4345 of this title.

(d)

Source of funds; limitation

(1)

The Academy shall bear the costs of the attendance of persons under subsection (a) from funds appropriated for the Academy and from such additional funds as may be available to the Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with their attendence.

(2)

Expenditures from appropriated funds in support of activities under this section may not exceed $40,000 during any fiscal year.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4345 the following new item:

4345a. Foreign and cultural exchange activities.

.

(b)

Naval academy

(1)

In general

Chapter 603 of title 10, United States Code, is amended by inserting after section 6957a the following new section:

6957b.

Foreign and cultural exchange activities

(a)

Attendance authorized

The Secretary of the Navy may authorize the Naval Academy to permit students, officers, and other representatives of a foreign country to attend the Naval Academy for periods of not more than two weeks if the Secretary determines that the attendance of such persons contributes significantly to the development of foreign language, cross cultural interactions and understanding, and cultural immersion of midshipmen.

(b)

Costs and expenses

The Secretary may pay the travel, subsistence, and similar personal expenses of persons incurred to attend the Naval Academy under subsection (a).

(c)

Effect of attendance

Persons attending the Naval Academy under subsection (a) are not considered to be students enrolled at the Naval Academy and are in addition to persons receiving instruction at the Naval Academy under section 6957 or 6957a of this title.

(d)

Source of funds; limitation

(1)

The Naval Academy shall bear the costs of the attendance of persons under subsection (a) from funds appropriated for the Naval Academy and from such additional funds as may be available to the Naval Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with their attendence.

(2)

Expenditures from appropriated funds in support of activities under this section may not exceed $40,000 during any fiscal year.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 6957a the following new item:

6957b. Foreign and cultural exchange activities.

.

(c)

Air Force Academy

(1)

In general

Chapter 903 of title 10, United States Code, is amended by inserting after section 9345 the following new section:

9345a.

Foreign and cultural exchange activities

(a)

Attendance authorized

The Secretary of the Air Force may authorize the Air Force Academy to permit students, officers, and other representatives of a foreign country to attend the Air Force Academy for periods of not more than two weeks if the Secretary determines that the attendance of such persons contributes significantly to the development of foreign language, cross cultural interactions and understanding, and cultural immersion of cadets.

(b)

Costs and expenses

The Secretary may pay the travel, subsistence, and similar personal expenses of persons incurred to attend the Air Force Academy under subsection (a).

(c)

Effect of attendance

Persons attending the Air Force Academy under subsection (a) are not considered to be students enrolled at the Air Force Academy and are in addition to persons receiving instruction at the Air Force Academy under section 9344 or 9345 of this title.

(d)

Source of funds; limitation

(1)

The Air Force Academy shall bear the costs of the attendance of persons under subsection (a) from funds appropriated for the Air Force Academy and from such additional funds as may be available to the Air Force Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with their attendence.

(2)

Expenditures from appropriated funds in support of activities under this section may not exceed $40,000 during any fiscal year.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9345 the following new item:

9345a. Foreign and cultural exchange activities.

.

543.

Compensation for civilian President of Naval Postgraduate School

Section 7042 of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)
(1)

If the individual holding the position of President of the Naval Postgraduate School is a civilian, the Secretary shall pay the individual such compensation for the individual’s service as President as the Secretary prescribes, except that—

(A)

basic pay for the President may not exceed the rate of compensation authorized for positions in level I of the Executive Schedule under section 5312 of title 5; and

(B)

total aggregate compensation for the President, including bonuses, awards, allowances, or other similar cash payments, may not exceed the total annual compensation payable under section 104 of title 3.

(2)

The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe the salary and other related benefits for the position of President of the Naval Postgraduate School.

.

544.

Increased authority to enroll defense industry employees in defense product development program

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

545.

Requirement of completion of service under honorable conditions for purposes of entitlement to educational assistance for reserve components members supporting contingency operations

(a)

Requirement of honorable service

Section 16164(a)(2) of title 10, United States Code, is amended by striking other than dishonorable conditions and inserting honorable conditions.

(b)

Effective date

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and apply to persons described in section 16163 of title 10, United States Code, who separate on or after that date from a reserve component.

546.

Consistent education loan repayment authority for health professionals in regular components and Selected Reserve

Section 16302(c) of title 10, United States Code, is amended by striking paragraphs (2) and (3) and inserting the following new paragraph:

(2)

The annual maximum amount of a loan that may be repaid under this section shall be the same as the maximum amount in effect for the same year under subsection (e)(2) of section 2173 of this title for the education loan repayment program under such section.

.

547.

Increase in number of units of Junior Reserve Officers’ Training Corps

(a)

Plan for increase

The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a plan to establish and support 4,000 Junior Reserve Officers’ Training Corps units not later than fiscal year 2020.

(b)

Exceptions

The requirement imposed in subsection (a) shall not apply—

(1)

if the Secretary fails to receive an adequate number or requests for Junior Reserve Officers’ Training Corps units by public and private secondary educational institutions; or

(2)

during a time of national emergency when the Secretaries of the military departments determine that funding must be allocated elsewhere.

(c)

Cooperation

The Secretary of Defense, as part of the plan to establish and support additional Junior Reserve Officers’ Training Corps units, shall work with local educational agencies to increase the employment in Junior Reserve Officers’ Training Corps units of retired members of the Armed Forces who are retired under chapter 61 of title 10, United States Code, especially members who were wounded or injured while deployed in a contingency operation.

(d)

Report on plan

Upon completion of the plan, the Secretary of Defense shall provide a report to the congressional defense committees containing, at a minimum, the following:

(1)

A description of how the Secretaries of the military departments expect to achieve the number of units of the Junior Reserve Officers’ Training Corps specified in subsection (a), including how many units will be established per year by each service.

(2)

The annual funding necessary to support the increase in units, including the personnel costs associated.

(3)

The number of qualified private and public schools, if any, who have requested a Junior Reserve Officers’ Training Corps unit that are on a waiting list.

(4)

Efforts to improve the increased distribution of units geographically across the United States.

(5)

Efforts to increase distribution of units in educationally and economically deprived areas.

(6)

Efforts to enhance employment opportunities for qualified former military members retired for disability, especially those wounded while deployed in a contingency operation.

(e)

Time for submission

The plan required under subsection (a), along with the report required by subsection (d), shall be submitted to the congressional defense committees not later than March 31, 2009. The Secretary of Defense shall submit an up-dated report annually thereafter until the number of units of the Junior Reserve Officers’ Training Corps specified in subsection (a) is achieved.

(f)

Additional curriculum element

The Secretary of each military department shall develop and implement a segment of the Junior Reserve Officers’ Training Corps curriculum that includes the contribution and defense historiography of gender and ethnic specific groups.

548.

Correction of erroneous Army College Fund benefit amounts

(a)

Correction and payment authority

During the period beginning on January 1, 2009, and ending on June 30, 2009, the Secretary of the Army may—

(1)

consider, through the Army Board for the Correction of Military Records, a request for the correction of military records relating to the amount of the Army College Fund benefit to which a member or former member of the Armed Forces may be entitled under an Army Incentive Program contract; and

(2)

pay such amounts as the Secretary considers necessary to ensure fairness and equity with regard to the request if the Secretary determines that the correction of the records is appropriate.

(b)

Exception to payment limits

A payment under subsection (a)(2) may be made without regard to any limits on the total combined amounts established for the Army College Fund and the Montgomery G.I. Bill.

(c)

Funding source

Payments under subsection (a)(2) shall be made solely from funds appropriated for military personnel programs for fiscal year 2009.

549.

Expanded authority for institutions of professional military education to award degrees

(a)

National Defense Intelligence College

(1)

In general

Section 2161 of title 10, United States Code, is amended to read as follows:

2161.

Degree granting authority for National Defense Intelligence College

(a)

Authority

Under regulations prescribed by the Secretary of Defense, the President of the National Defense Intelligence College may, upon the recommendation of the faculty of the National Defense Intelligence College, confer appropriate degrees upon graduates who meet the degree requirements.

(b)

Limitation

A degree may not be conferred under this section unless—

(1)

the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(2)

the curriculum leading to that degree is accredited by the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education.

(c)

Congressional notification requirements

(1)

When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

(A)

a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and

(B)

the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

(2)

Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination.

(3)

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 108 of such title is amended by striking the item relating to section 2161 and inserting the following new item:

2161. Degree granting authority for National Defense Intelligence College.

.

(b)

National Defense University

(1)

In general

Section 2163 of such title is amended to read as follows:

2163.

Degree granting authority for National Defense University

(a)

Authority

Under regulations prescribed by the Secretary of Defense, the President of the National Defense University may, upon the recommendation of the faculty of the National Defense University, confer appropriate degrees upon graduates who meet the degree requirements.

(b)

Limitation

A degree may not be conferred under this section unless—

(1)

the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(2)

the curriculum leading to that degree is accredited by the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education.

(c)

Congressional notification requirements

(1)

When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

(A)

a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and

(B)

the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

(2)

Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination.

(3)

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 108 of such title is amended by striking the item relating to section 2163 and inserting the following new item:

2163. Degree granting authority for National Defense University.

.

(c)

United States Army Command and General Staff College

(1)

In general

Section 4314 of such title is amended to read as follows:

4314.

Degree granting authority for United States Army Command and General Staff College

(a)

Authority

Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army Command and General Staff College may, upon the recommendation of the faculty and dean of the college, confer appropriate degrees upon graduates who meet the degree requirements.

(b)

Limitation

A degree may not be conferred under this section unless—

(1)

the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(2)

the curriculum leading to that degree is accredited by the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education.

(c)

Congressional notification requirements

(1)

When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

(A)

a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and

(B)

the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

(2)

Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination.

(3)

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 401 of such title is amended by striking the item relating to section 4314 and inserting the following new item:

4314. Degree granting authority for United States Army Command and General Staff College.

.

(d)

United States Army War College

(1)

In general

Section 4321 of title 10, United States Code, is amended to read as follows:

4321.

Degree granting authority for United States Army War College

(a)

Authority

Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army War College may, upon the recommendation of the faculty and dean of the college, confer appropriate degrees upon graduates who meet the degree requirements.

(b)

Limitation

A degree may not be conferred under this section unless—

(1)

the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(2)

the curriculum leading to that degree is accredited by the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education.

(c)

Congressional notification requirements

(1)

When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

(A)

a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and

(B)

the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

(2)

Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination.

(3)

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 401 of such title is amended by striking the item relating to section 4321 and inserting the following new item:

4321. Degree granting authority for United States Army War College.

.

(e)

United States Naval Postgraduate School

(1)

In general

Section 7048 of such title is amended to read as follows:

7048.

Degree granting authority for United States Naval Postgraduate School

(a)

Authority

Under regulations prescribed by the Secretary of the Navy, the President of the Naval Postgraduate School may, upon the recommendation of the faculty of the Naval Postgraduate School, confer appropriate degrees upon graduates who meet the degree requirements.

(b)

Limitation

A degree may not be conferred under this section unless—

(1)

the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(2)

the curriculum leading to that degree is accredited by the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education.

(c)

Congressional notification requirements

(1)

When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

(A)

a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and

(B)

the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

(2)

Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination.

(3)

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 605 of such title is amended by striking the item relating to section 7048 and inserting the following new item:

7048. Degree granting authority for United States Naval Postgraduate School.

.

(f)

Naval War College

(1)

In general

Section 7101 of such title is amended to read as follows:

7101.

Degree granting authority for Naval War College

(a)

Authority

Under regulations prescribed by the Secretary of the Navy, the President of the Naval War College may, upon the recommendation of the faculty of the Naval War College components, confer appropriate degrees upon graduates who meet the degree requirements.

(b)

Limitation

A degree may not be conferred under this section unless—

(1)

the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(2)

the curriculum leading to that degree is accredited by the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education.

(c)

Congressional notification requirements

(1)

When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

(A)

a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and

(B)

the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

(2)

Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination.

(3)

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 609 of such title is amended by striking the item relating to section 7101 and inserting the following new item:

7101. Degree granting authority for Naval War College.

.

(g)

Marine Corps University

(1)

In general

Section 7102 of such title is amended to read as follows:

7102.

Degree granting authority for Marine Corps University

(a)

Authority

Under regulations prescribed by the Secretary of the Navy, the President of the Marine Corps University may, upon the recommendation of the directors and faculty of the Marine Corps University, confer appropriate degrees upon graduates who meet the degree requirements.

(b)

Limitation

A degree may not be conferred under this section unless—

(1)

the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(2)

the curriculum leading to that degree is accredited by the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education.

(c)

Congressional notification requirements

(1)

When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

(A)

a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and

(B)

the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

(2)

Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination.

(3)

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.

(d)

Board of Advisors

The Secretary of the Navy shall establish a board of advisors for the Marine Corps University. The Secretary shall ensure that the board is established so as to meet all requirements of the appropriate regional accrediting association.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 609 of such title is amended by striking the item relating to section 7102 and inserting the following new item:

7102. Degree granting authority for Marine Corps University.

.

(h)

United States Air Force Institute of Technology

(1)

In general

Section 9314 of such title is amended to read as follows:

9314.

Degree granting authority for United States Air Force Institute of Technology

(a)

Authority

Under regulations prescribed by the Secretary of the Air Force, the commander of Air University may, upon the recommendation of the faculty of the United States Air Force Institute of Technology, confer appropriate degrees upon graduates of the United States Air Force Institute of Technology who meet the degree requirements.

(b)

Limitation

A degree may not be conferred under this section unless—

(1)

the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(2)

the curriculum leading to that degree is accredited by the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education.

(c)

Congressional notification requirements

(1)

When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

(A)

a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and

(B)

the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

(2)

Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination.

(3)

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.

(d)

Civilian Faculty

(1)

The Secretary of the Air Force may employ as many civilian faculty members at the United States Air Force Institute of Technology as is consistent with the needs of the Air Force and with Department of Defense personnel limits.

(2)

The Secretary shall prescribe regulations determining—

(A)

titles and duties of civilian members of the faculty; and

(B)

pay of civilian members of the faculty, notwithstanding chapter 53 of title 5, but subject to the limitation set out in section 5373 of title 5.

(e)

Reimbursement

(1)

The Department of the Army, the Department of the Navy, and the Department of Homeland Security shall bear the cost of the instruction at the Air Force Institute of Technology that is received by members of the armed forces detailed for that instruction by the Secretaries of the Army, Navy, and Homeland Security, respectively.

(2)

Members of the Army, Navy, Marine Corps, and Coast Guard may only be detailed for instruction at the Institute on a space-available basis.

(3)

In the case of an enlisted member of the Army, Navy, Marine Corps, and Coast Guard permitted to receive instruction at the Institute, the Secretary of the Air Force shall charge that member only for such costs and fees as the Secretary considers appropriate (taking into consideration the admission of enlisted members on a space- available basis).

(f)

Acceptance of Research Grants

(1)

The Secretary of the Air Force may authorize the Commandant of the United States Air Force Institute of Technology to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Institute for a scientific, literary, or educational purpose.

(2)

A qualifying research grant under this subsection is a grant that is awarded on a competitive basis by an entity referred to in paragraph (3) for a research project with a scientific, literary, or educational purpose.

(3)

A grant may be accepted under this subsection only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.

(4)

The Secretary shall establish an account for administering funds received as research grants under this section. The Commandant of the Institute shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.

(5)

Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Institute may be used to pay expenses incurred by the Institute in applying for, and otherwise pursuing, the award of qualifying research grants.

(6)

The Secretary shall prescribe regulations for the administration of this subsection.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 901 of such title is amended by striking the item relating to section 9314 and inserting the following new item:

9314. Degree granting authority for United States Air Force Institute of Technology.

.

(i)

Air University

(1)

In general

Section 9317 of such title is amended to read as follows:

9317.

Degree granting authority for Air University

(a)

Authority

Except as provided in sections 9314 and 9315 of this title, under regulations prescribed by the Secretary of the Air Force, the commander of Air University may, upon the recommendation of the faculty of the Air University components, confer appropriate degrees upon graduates who meet the degree requirements.

(b)

Limitation

A degree may not be conferred under this section unless—

(1)

the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(2)

the curriculum leading to that degree is accredited by the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education.

(c)

Congressional notification requirements

(1)

When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

(A)

a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and

(B)

the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

(2)

Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination.

(3)

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 901 of such title is amended by striking the item relating to section 9317 and inserting the following new item:

9317. Degree granting authority for Air University.

.

(j)

Effective date

This section shall apply to any degree granting authority established, modified, redesignated or terminated on or after the date of enactment of this Act.

550.

Enhancing education partnerships to improve accessibility and flexibility for members of the Armed Forces

(a)

Authority

The Secretary of a military department may enter into one or more education partnership agreements with educational institutions in the United States for the purpose of—

(1)

developing plans to improve the accessibility and flexibility of college courses available to eligible members of the Armed Forces;

(2)

improving the application process for the Armed Forces tuition assistance programs and raising awareness regarding educational opportunities available to such members;

(3)

developing curriculum, distance education programs, and career counseling designed to meet the professional, financial, academic, and social needs of such members; and

(4)

assessing how resources may be applied more effectively to meet the educational needs of such members.

(b)

Cost

Except as provided in this section, execution of an education partnership agreement with an educational institution shall be at no cost to the Government.

(c)

Educational institution defined

In this section, the term educational institution means an accredited college, university, or technical school in the United States.

F

Military Justice

551.

Grade of Staff Judge Advocate to the Commandant of the Marine Corps

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

552.

Standing military protection order

(a)

In general

Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section:

1567.

Standing military protective order

The issuance of a military protective order by a military commander shall be deemed a standing order until—

(1)

the allegation prompting the protective order is resolved by investigation, courts martial, or other command determined adjudication; or

(2)

the military commander issues a new order.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

1567. Standing military protective order.

.

553.

Mandatory notification of issuance of military protective order to civilian law enforcement

(a)

In general

Chapter 80 of title 10, United States Code, is amended by inserting after section 1567, as added by section 552, the following new section:

1567a.

Mandatory notification of issuance of military protective order to civilian law enforcement

In the event a military protective order is issued against a member of the armed forces and any individual involved in the order does not reside on a military installation at any time during the duration of the military protective order, the commander of the military installation shall notify the appropriate civilian authorities of—

(1)

the issuance of the protective order;

(2)

the duration of the protective order; and

(3)

the individuals involved in the order.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1567 the following new item:

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

.

554.

Implementation of information database on sexual assault incidents in the Armed Forces

(a)

Database required

The Secretary of Defense shall implement a centralized, case-level database for the collection, in a manner consistent with Department of Defense regulations for restricted reporting, and maintenance of information regarding sexual assaults involving a member of the Armed Forces, including information, if available, about the nature of the assault, the victim, the offender, and the outcome of any legal proceedings in connection with the assault.

(b)

Availability of database

The database shall be available to personnel of the Sexual Assault Prevention and Response Office of the Department of Defense.

(c)

Implementation

(1)

Plan for implementation

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to provide for the implementation of the database.

(2)

Completion

Not later than 15 months after the date of enactment of this Act, the Secretary shall complete implementation of the database.

(d)

Reports

The database shall be used to develop and implement congressional reports, as required by—

(1)

section 577(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375);

(2)

section 596(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163);

(3)

section 532 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364); and

(4)

sections 4361, 6980, and 9361 of title 10, United States Code.

(e)

Terminology

Section 577(b) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375) is amended by adding at the end the following new paragraph:

(12)

The Secretary shall implement clear, consistent, and streamlined sexual assault terminology for use across the Department of Defense, to include a clear definition of the following terms:

(A)

Restricted reports.

(B)

Unrestricted reports.

(C)

Substantiated reports.

.

G

Decorations, Awards, and Honorary Promotions

561.

Replacement of military decorations

(a)

Replacement required

Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section:

1135.

Replacement of military decorations

(a)

Replacement

In addition to other authorities available to the Secretary concerned to replace a military decoration, the Secretary concerned shall replace, on a one-time basis and without charge, a military decoration upon the request of the recipient of the military decoration or the immediate next of kin of a deceased recipient.

(b)

Exception

Subsection (a) does not apply to the medal of honor.

(c)

Military decoration defined

In this section, the term decoration means any decoration or award that may be presented or awarded to a member of the armed forces.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

1135. Replacement of military decorations.

.

562.

Authorization and request for award of Medal of Honor to Richard L. Etchberger for acts of valor during the Vietnam War

(a)

Authorization

Notwithstanding the time limitations specified in section 8744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 8741 of such title to former Chief Master Sergeant Richard L. Etchberger for the acts of valor during the Vietnam War described in subsection (b).

(b)

Acts of valor described

The acts of valor referred to in subsection (a) are the actions of then Chief Master Sergeant Richard L. Etchberger as Ground Radar Superintendent of Detachment 1, 1043rd Radar Evaluation Squadron on March 11, 1968, during the Vietnam War for which he was originally awarded the Air Force cross.

563.

Advancement of Brigadier General Charles E. Yeager, United States Air Force (retired), on the retired list

(a)

Advancement

Brigadier General Charles E. Yeager, United States Air Force (retired), is entitled to hold the rank of major general while on the retired list of the Air Force.

(b)

Additional benefits not to accrue

The advancement of Charles E. Yeager on the retired list of the Air Force under subsection (a) shall not affect the retired pay or other benefits from the United States to which Charles E. Yeager is now or may in the future be entitled based upon his military service or affect any benefits to which any other person may become entitled based on his service.

564.

Advancement of Rear Admiral Wayne E. Meyer, United States Navy (retired), on the retired list

(a)

Advancement authorized

The President is authorized and requested to appoint, by and with the advice and consent of the Senate, Rear Admiral Wayne E. Meyer, United States Navy (retired), to the grade of vice admiral on the retired list of the Navy.

(b)

Additional benefits not to accrue

The advancement of Wayne E. Meyer on the retired list of the Navy under subsection (a) shall not affect the retired pay or other benefits from the United States to which Wayne E. Meyer is now or may in the future be entitled based upon his military service or affect any benefits to which any other person may become entitled based on his service.

565.

Award of Vietnam Service Medal to veterans who participated in Mayaguez rescue operation

(a)

In general

The Secretary of the military department concerned shall, upon the application of an individual who is an eligible veteran, award that individual the Vietnam Service Medal, notwithstanding any otherwise applicable requirements for the award of that medal. Any such award shall be made in lieu of any Armed Forces Expeditionary Medal awarded the individual for the individual’s participation in the Mayaguez rescue operation.

(b)

Eligible veteran

For purposes of this section, the term eligible veteran means a member or former member of the Armed Forces who was awarded the Armed Forces Expeditionary Medal for participation in military operations known as the Mayaguez rescue operation of May 12–15, 1975.

566.

Retroactive award of Army Combat Action Badge

(a)

Authority To award

The Secretary of the Army may award the Army Combat Action Badge (established by order of the Secretary of the Army through Headquarters, Department of the Army Letter 600–05–1, dated June 3, 2005) to a person who, while a member of the Army, participated in combat during which the person personally engaged, or was personally engaged by, the enemy at any time during the period beginning on December 7, 1941, and ending on September 18, 2001 (the date of the otherwise applicable limitation on retroactivity for the award of such decoration), if the Secretary determines that the person has not been previously recognized in an appropriate manner for such participation.

(b)

Procurement of badge

The Secretary of the Army may make arrangements with suppliers of the Army Combat Action Badge so that eligible recipients of the Army Combat Action Badge pursuant to subsection (a) may procure the badge directly from suppliers, thereby eliminating or at least substantially reducing administrative costs for the Army to carry out this section.

H

Impact Aid

571.

Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees

(a)

Assistance to schools with significant numbers of military dependent students

Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b).

(b)

Assistance to schools with enrollment changes due to base closures, force structure changes, or force relocations

Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $15,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572.

(c)

Local educational agency defined

In this section, the term local educational agency has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

572.

Calculation of payments under Department of Education’s Impact Aid program

Paragraph (2) of section 8003(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(c)) is amended to read as follows:

(2)

Exception

Calculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment—

(A)

if such agency is newly established by a State (first year of operation only); or

(B)

if—

(i)

such agency was eligible to receive a payment under this section in the previous fiscal year;

(ii)

such agency has had an overall increase (as determined by the Secretary of Education in consultation with the Secretary of Defense, the Secretary of Interior, or other Federal agencies) of not less than 100 students or 10 percent as described in—

(I)

subparagraphs (A), (B), and (D) of subsection (a)(1); or

(II)

subparagraphs (C), (E), (F) and (G) of subsection (a)(1) if those children described in subparagraphs (C), (E), (F) and (G) are civilian dependents of employees of the Department of Defense; and

(iii)

such increase occurred during the period between the end of the school year preceding the fiscal year for which the application is being made and the beginning of the school year immediately preceding that fiscal year as the result of closure or realignment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of force structure changes or movements of units or personnel between military installations.

.

I

Military Families

581.

Presentation of burial flag

(a)

Inclusion of surviving spouse; consolidation of flag-related authorities

Subsection (e) of section 1482 of title 10, United States Code, is amended—

(1)

by designating the current text as paragraph (2) and redesignating current paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(2)

by inserting before paragraph (2), as so designated, the following:

(e)

Presentation of flag of the United States

(1)

In the case of a decedent covered by section 1481 of this title, the Secretary concerned may pay the necessary expenses for the presentation of a flag of the United States—

(A)

to the person designated under subsection (c) to direct disposition of the remains;

(B)

to the parents or parent of the decedent, if the person presented a flag under subparagraph (A) is other than a parent of the decedent; and

(C)

to the surviving spouse (including a remarried surviving spouse) of the decedent, if the person presented a flag under subparagraph (A) is other than the spouse.

; and

(3)

by inserting at the end the following new paragraphs:

(3)

A flag to be presented to a person under subparagraph (B) or (C) of paragraph (1) shall be of equal size to the flag presented under subparagraph (A) of such paragraph to the person designated to direct disposition of the remains of the decedent.

(4)

This subsection does not apply to a military prisoner who dies while in the custody of the Secretary concerned and while under a sentence that includes a discharge.

(5)

In this subsection, the term parent includes a natural parent, a stepparent, a parent by adoption, or a person who for a period of not less than one year before the death of the decedent stood in loco parentis to the decedent. Preference under paragraph (1)(B) shall be given to the persons who exercised a parental relationship at the time of, or most nearly before, the death of the decedent.

.

(b)

Repeal of superseded provisions

Subsection (a) of such section is amended by striking paragraphs (10) and (11).

582.

Education and training opportunities for military spouses

(a)

Employment and career opportunities for spouses

Subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1784 the following new section:

1784a.

Education and training opportunities for military spouses to expand employment and career opportunities

(a)

Programs and tuition assistance

(1)

The Secretary of Defense may establish programs to assist the spouse of a member of the armed forces described in subsection (b) in achieving—

(A)

the education and training required for a degree or credential at an accredited college, university, or technical school in the United States that expands employment and career opportunities for the spouse; or

(B)

the education prerequisites and professional licensure or credential required, by a government or government sanctioned licensing body, for an occupation that expands employment and career opportunities for the spouse.

(2)

As an alternative to, or in addition to, establishing a program under this subsection, the Secretary may provide tuition assistance to an eligible spouse who is pursuing education, training, or a license or credential to expand the spouse’s employment and career opportunities.

(b)

Eligible spouses

Assistance under this section is limited to a spouse of a member of the armed forces who is serving on active duty.

(c)

Exceptions

Subsection (b) does not include—

(1)

a person who is married to, but legally separated from, a member of the armed forces under court order or statute of any State or territorial possession of the United States; and

(2)

a spouse of a member of the armed forces who is also a member of the armed forces.

(d)

Regulations

The Secretary of Defense shall prescribe regulations to govern the availability and use of assistance under this section. The Secretary shall ensure that programs established under this section do not result in inequitable treatment for spouses of members of the armed forces who are also members, since they are excluded from participation in the programs under subsection (c)(2).

.

(b)

Clerical amendment

The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1784 the following new item:

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

.

583.

Sense of the Congress regarding honor guard details for funerals of veterans

It is the sense of the Congress that the Secretaries of the military departments should, to the maximum extent practicable, provide honor guard details for the funerals of veterans as is required under section 1491 of title 10, United States Code, as added by section 567(b) of Public Law 105–261 (112 Stat. 2030).

J

Other Matters

591.

Inclusion of Reserves in providing Federal aid for State governments, enforcing Federal authority, and responding to major public emergencies

(a)

Federal aid for State governments

Section 331 of title 10, United States Code, is amended by striking armed forces, as he and inserting armed forces (including units and members of the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, and Coast Guard Reserve ordered to active duty for this purpose), as the President.

(b)

Enforcement of Federal authority

Section 332 of such title is amended—

(1)

by striking he may and inserting the President may; and

(2)

by striking armed forces, as he and inserting armed forces (including units and members of the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, and Coast Guard Reserve ordered to active duty for this purpose), as the President.

(c)

Response to public emergencies

Section 333(a)(1) of such title is amended by inserting after Federal service the following: and units and members of the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, and Coast Guard Reserve ordered to active duty for this purpose.

592.

Interest payments on certain claims arising from correction of military records

(a)

Interest payable on claims

Subsection (c) of section 1552 of title 10, United States Code, is amended by adding at the end the following new paragraph:

(4)

If the correction of military records under this section involves setting aside a conviction by court-martial, the payment of a claim under this subsection in connection with the correction of the records shall include interest at not less than the rate of interest in effect under section 1035 of this title at the time the payment is made. The interest shall be calculated on an annual basis, and compounded, using the amount of the lost pay, allowances, compensation, emoluments, or other pecuniary benefits involved, and the amount of any fine or forfeiture paid, beginning from the date of the conviction through the date on which the payment is made.

.

(b)

Conforming amendment regarding corrections board authority to overturn convictions

Subsection (f) of such section is amended by inserting convened after May 4, 1950, and after court-martial cases.

(c)

Clerical amendments

Subsection (c) of such section is further amended—

(1)

by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;

(2)

by inserting (1) after (c);

(3)

by striking If the claimant and inserting the following:

(2)

If the claimant

; and

(4)

by striking A claimant’s acceptance and inserting the following:

(3)

A claimant’s acceptance

.

(d)

Retroactive effectiveness of amendments

The amendment made by subsection (a) shall apply with respect to any sentence of a court-martial set aside by a Corrections Board on or after October 1, 2007, when the Corrections Board includes an order or recommendation for the payment of a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, that arose as a result of the conviction. In this subsection, the term Corrections Board has the meaning given that term in section 1557 of title 10, United States Code.

593.

Extension of limitation on reductions of personnel of agencies responsible for review and correction of military records

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

594.

Authority to order Reserve units to active duty to provide assistance in response to a major disaster or emergency

Section 12304(b) of title 10, United States Code, is amended—

(1)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(2)

by inserting (1) before The authority; and

(3)

by adding at the end the following new paragraph:

(2)

The authority under subsection (a) includes authority to order any unit of the Selected Reserve of the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve to active duty to provide assistance in responding to a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)).

.

595.

Senior Military Leadership Diversity Commission

(a)

Establishment of commission

There is hereby established a commission to be known as the Senior Military Leadership Diversity Commission.

(b)

Composition

(1)

Membership

The commission shall be composed of 23 members, as follows:

(A)

The Director of the Defense Manpower Management Center.

(B)

The Director of the Defense Equal Opportunity Management Institute.

(C)

1 senior military leader from each of the Army, Navy, Air Force, and Marine Corps who serves or has served in a leadership position with either a military department command or combatant command shall be appointed by the Secretary of Defense.

(D)

1 retired general or flag officer from each of the Army, Navy, Air Force, and Marine Corps shall be appointed by the Secretary of Defense.

(E)

1 retired senior noncommissioned officer from each of the Army, Navy, Air Force, and Marine Corps shall be appointed by the Secretary of Defense.

(F)

5 retired senior officers who served in leadership positions with either a military department command or combatant command shall be appointed by the Secretary of Defense, of which no less than 3 shall represent the views of minority veterans.

(G)

4 individuals with expertise in cultivating diverse leaders in private or non-profit organizations shall be appointed by the Secretary of Defense.

(2)

Chairman

The Secretary of Defense shall designate one member described in paragraphs (1)(F) or (1)(G) as chairman of the commission.

(3)

Period of appointment; vacancies

Members shall be appointed for the life of the commission. Any vacancy in the commission shall be filled in the same manner as the original appointment.

(4)

Deadline for appointment

All members of the commission shall be appointed not later than 60 days after the date of the enactment of this Act.

(5)

Quorum

12 members of the commission shall constitute a quorum but a lesser number may hold hearings.

(c)

Meetings

(1)

Initial meeting

The commission shall conduct its first meeting not later than 30 days after the date on which a majority of the appointed members of the commission have been appointed.

(2)

Meetings

The commission shall meet at the call of the chairman.

(d)

Duties

(1)

Study

The commission shall study the diversity within the senior leadership of the Armed Forces. The study shall be a comprehensive evaluation and assessment of policies that provide opportunities for the advancement of minority members of the Armed Forces.

(2)

Scope of study

In carrying out the study, the commission shall examine the following:

(A)

Efforts to develop and maintain diverse leadership at all levels of the Armed Forces.

(B)

The successes and failures of developing and maintaining a diverse leadership, particularly at the general and flag officer positions.

(C)

The effect of expanding Department of Defense secondary educational programs to diverse civilian populations, to include service academy preparatory schools.

(D)

The ability of current recruitment and retention practices to attract and maintain a diverse pool of qualified individuals in sufficient numbers in officer pre-commissioning programs.

(E)

The ability of current activities to increase continuation rates for ethnic and gender specific members of the Armed Forces.

(F)

The benefits of conducting an annual conference attended by civilian military, active-duty and retired military, and corporate leaders on diversity, to include a review of current policy and the annual demographic data from the Defense Equal Opportunity Management Institute.

(G)

The status of prior recommendations made to the Department of Defense and to Congress concerning diversity initiatives within the Armed Forces.

(H)

The incorporation of private sector practices that have been successful in cultivating diverse leadership.

(I)

The establishment and maintenance of fair promotion and command opportunities for ethnic and gender specific members of the Armed Forces at the O–5 grade level and above.

(J)

An assessment of pre-command billet assignments of ethnic-specific members of the Armed Forces.

(K)

An assessment of command selection of ethnic-specific members of the Armed Forces.

(3)

Consultation with private parties

In carrying out the study under this subsection, the commission may consult with appropriate private, for profit, and non-profit organizations and advocacy groups to learn methods for developing, implementing, and sustaining senior diverse leadership within the Department of Defense.

(e)

Reports

(1)

In general

Not later than 12 months after the date on which the commission first meets, the commission shall submit to the President and Congress a report on the study. The report shall include the following—

(A)

the findings and conclusions of the commission;

(B)

the recommendations of the commission for improving diversity within the Department of Defense; and

(C)

other information and recommendations the commission considers appropriate.

(2)

Interim reports

The commission may submit to the President and Congress interim reports as the Commission considers appropriate.

(f)

Powers of the commission

(1)

Hearings

The commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the commission considers appropriate.

(2)

Information from federal agencies

Upon request by the chairman of the commission, any department or agency of the Federal Government may provide information that the commission considers necessary to carry out its duties.

(g)

Inclusion of Coast Guard in Senior Military Leadership Diversity Commission

(1)

Expansion of commission

The commission shall include two additional members, as follows:

(A)

1 retired flag officer of the Coast Guard appointed by the Secretary of Homeland Security, in consultation with the Commandant of the Coast Guard.

(B)

1 senior commissioned officer or noncommissioned officer of the Coast Guard on active duty appointed by the Secretary of Homeland Security, in consultation with the Commandant of the Coast Guard.

(2)

Armed Forces Defined

In this section, the term Armed Forces means the Army, Navy, Air Force, Marine Corps, and Coast Guard.

(h)

Termination of commission

The commission shall terminate 60 days after the date on which the commission submits the report under subsection (e)(1).

596.

Limitation on simultaneous deployment to combat zones of dual-military couples who have minor dependents

(a)

Authority to obtain deferment

In the case of a member of the Armed Forces with minor dependents who has a spouse who is also a member of the Armed Forces, and the spouse is deployed in an area for which imminent danger pay is authorized under section 310 of title 37, United States Code, the member may request a deferment of a deployment to such an area until the spouse returns from such deployment.

(b)

Repeal of limited authority

Section 586 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 11-–181; 112 Stat. 132; 10 U.S.C. 991 note) is amended by striking the second sentence.

597.

Additional funds to carry out funeral honor functions at funerals for veterans

(a)

Additional funds

The amount made available in section 421 is hereby increased by $3,000,000, of which $1,000,000 shall be available to the Secretary of the Army, $1,000,000 shall be available to the Secretary of the Navy, and $1,000,000 shall be available to the Secretary of the Air Force to comply with the requirements of section 1491 of title 10, United States Code.

(b)

Corresponding offset

The amount provided in section 201(1) for research, development, test, and evaluation, Army, is hereby reduced by $3,000,000, to be derived from the basic research under the University Research Initiatives.

VI

Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. Fiscal year 2009 increase in military basic pay.

Sec. 602. Permanent prohibition on charges for meals received at military treatment facilities by members receiving continuous care.

Sec. 603. Equitable treatment of senior enlisted members in computation of basic allowance for housing.

Sec. 604. Increase in maximum authorized payment or reimbursement amount for temporary lodging expenses.

Sec. 605. Availability of portion of a second family separation allowance for married couples with dependents.

Sec. 606. Stabilization of pay and allowances for senior enlisted members and warrant officers appointed as officers and officers reappointed in a lower grade.

Sec. 607. Extension of authority for income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.

Sec. 608. Guaranteed pay increase for members of the Armed Forces of one-half of one percentage point higher than Employment Cost Index.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces.

Sec. 612. Extension of certain bonus and special pay authorities for health care professionals.

Sec. 613. Extension of special pay and bonus authorities for nuclear officers.

Sec. 614. Extension of authorities relating to payment of other title 37 bonuses and special pays.

Sec. 615. Extension of authorities relating to payment of referral bonuses.

Sec. 616. Increase in maximum bonus and stipend amounts authorized under Nurse Officer Candidate Accession Program.

Sec. 617. Maximum length of nuclear officer incentive pay agreements for service.

Sec. 618. Technical changes regarding consolidation of special pay, incentive pay, and bonus authorities of the uniformed services.

Sec. 619. Use of new skill incentive pay and proficiency bonus authorities to encourage training in critical foreign languages and foreign cultural studies.

Sec. 620. Temporary targeted bonus authority to increase direct accessions of officers in certain health professions.

Subtitle C—Travel and Transportation Allowances

Sec. 631. Increased weight allowance for transportation of baggage and household effects for certain enlisted members.

Sec. 632. Additional weight allowance for transportation of materials associated with employment of a member’s spouse or community support volunteer or charity activities.

Sec. 633. Transportation of family pets during evacuation of nonessential personnel.

Subtitle D—Retired Pay and Survivor Benefits

Sec. 641. Equity in computation of disability retired pay for reserve component members wounded in action.

Sec. 642. Effect of termination of subsequent marriage on payment of Survivor Benefit Plan annuity to surviving spouse or former spouse who previously transferred annuity to dependent children.

Sec. 643. Extension to survivors of certain members who die on active duty of special survivor indemnity allowance for persons affected by required Survivor Benefit Plan annuity offset for dependency and indemnity compensation.

Sec. 644. Election to receive retired pay for non-regular service upon retirement for service in an active reserve status performed after attaining eligibility for regular retirement.

Sec. 645. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement.

Sec. 646. Correction of unintended reduction in survivor benefit plan annuities due to phased elimination of two-tier annuity computation and supplemental annuity.

Sec. 647. Presumption of death for participants in Survivor Benefit Plan in missing status.

Sec. 648. Eligibility for disability retired pay and separation pay of certain former cadets and midshipmen with prior enlisted service.

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

Sec. 651. Use of commissary stores surcharges derived from temporary commissary initiatives for reserve components and retired members.

Sec. 652. Requirements for private operation of commissary store functions.

Sec. 653. Additional exception to limitation on use of appropriated funds for Department of Defense golf courses.

Sec. 654. Enhanced enforcement of prohibition on sale or rental of sexually explicit material on military installations.

Sec. 655. Requirement to buy military decorations, ribbons, badges, medals, insignia, and other uniform accouterments produced in the United States.

Sec. 656. Use of appropriated funds to pay post allowances or overseas cost of living allowances to nonappropriated fund instrumentality employees serving overseas.

Sec. 657. Study regarding sale of alcoholic wine and beer in commissary stores in addition to exchange stores.

Subtitle F—Other Matters

Sec. 661. Bonus to encourage Army personnel and other persons to refer persons for enlistment in the Army.

Sec. 662. Continuation of entitlement to bonuses and similar benefits for members of the uniformed services who die, are separated or retired for disability, or meet other criteria.

Sec. 663. Providing injured members of the Armed Forces information concerning benefits.

Sec. 664.  Postal benefits program for members of the Armed Forces serving in Iraq or Afghanistan.

A

Pay and Allowances

601.

Fiscal year 2009 increase in military basic pay

(a)

Waiver of Section 1009 adjustment

The adjustment to become effective during fiscal year 2009 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

(b)

Increase in basic pay

Effective on January 1, 2009, the rates of monthly basic pay for members of the uniformed services are increased by 3.9 percent.

602.

Permanent prohibition on charges for meals received at military treatment facilities by members receiving continuous care

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

603.

Equitable treatment of senior enlisted members in computation of basic allowance for housing

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

604.

Increase in maximum authorized payment or reimbursement amount for temporary lodging expenses

(a)

Increase

Section 404a(e) of title 37, United States Code, is amended by striking $180 a day and inserting $290 a day.

(b)

Effective date

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

605.

Availability of portion of a second family separation allowance for married couples with dependents

(a)

Availability

Section 427(d) of title 37, United States Code, is amended—

(1)

by inserting (1) before A member;

(2)

by striking Section 421 and inserting the following:

(3)

Section 421

;

(3)

by striking However and inserting Except as provided in paragraph (2); and

(4)

by inserting before paragraph (3), as so designated, the following new paragraph:

(2)

If a married couple, both of whom are members of the uniformed services, with dependents are simultaneously assigned to duties described in subparagraph (A), (B), or (C) of subsection (a)(1) and the members resided together with their dependents immediately before their assignments, the Secretary concerned shall pay one of the members the full amount of the monthly allowance specified in such subsection and the other member one-half of the monthly allowance amount until one of the members is no longer assigned to duties described in such subparagraphs. Upon expiration of the partial allowance, paragraph (1) shall continue to apply to the remaining member so long as the member is assigned to duties described in subparagraph (A), (B), or (C) of such subsection.

.

(b)

Application of amendment

Paragraph (2) of subsection (d) of section 427 of title 37, United States Code, as added by subsection (a), shall apply with respect to members of the uniformed services described in such paragraph who perform service covered by subparagraph (A), (B), or (C) of subsection (a)(1) such section on or after October 1, 2008.

606.

Stabilization of pay and allowances for senior enlisted members and warrant officers appointed as officers and officers reappointed in a lower grade

(a)

In general

Section 907 of title 37, United States Code, is amended to read as follows:

907.

Members appointed or reappointed as officers: no reduction in pay and allowances

(a)

Stabilization of pay and allowances

A member of the armed forces who accepts an appointment or reappointment as an officer without a break in service shall, for service as an officer, be paid the greater of—

(1)

the pay and allowances to which the officer is entitled as an officer; or

(2)

the pay and allowances to which the officer would be entitled if the officer were in the last grade the officer held before the appointment or reappointment as an officer.

(b)

Covered pays

(1)

Subject to paragraphs (2) and (3), for the purposes of this section, the pay of a grade formerly held by an officer described in subsection (a) include special and incentive pays under chapter 5 of this title.

(2)

In determining the amount of the pay of a grade formerly held by an officer, special and incentive pays may be considered only so long as the officer continues to perform the duty that creates the entitlement to, or eligibility for, that pay and would otherwise be eligible to receive that pay in the former grade.

(3)

Special and incentive pays that are dependent on a member being in an enlisted status may not be considered in determining the amount of the pay of a grade formerly held by an officer.

(c)

Covered allowances

(1)

Subject to paragraph (2), for the purposes of this section, the allowances of a grade formerly held by an officer described in subsection (a) include allowances under chapter 7 of this title.

(2)

The clothing allowance under section 418 of this title may not be considered in determining the amount of the allowances of a grade formerly held by an officer described in subsection (a) if the officer is entitled to a uniform allowance under section 415 of this title.

(d)

Rates of pay and allowances

For the purposes of this section, the rates of pay and allowances of a grade that an officer formerly held are those rates that the officer would be entitled to had the officer remained in that grade and continued to receive the increases in pay and allowances authorized for that grade, as otherwise provided in this title or other provisions of law.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 17 of such title is amended by striking the item relating to section 907 and inserting the following new item:

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

.

607.

Extension of authority for income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service

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

608.

Guaranteed pay increase for members of the Armed Forces of one-half of one percentage point higher than Employment Cost Index

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

B

Bonuses and Special and Incentive Pays

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.

612.

Extension of certain bonus and special pay authorities for health care professionals

(a)

Nurse Officer Candidate Accession Program

Section 2130a(a)(1) of title 10, United States Code, is amended by striking December 31, 2008 and inserting December 31, 2009.

(b)

Repayment of Education Loans for Certain Health Professionals Who Serve in the Selected Reserve

Section 16302(d) of such title is amended—

(1)

by striking before and inserting on or before; and

(2)

by striking January 1, 2009 and inserting December 31, 2009.

(c)

Accession Bonus for Registered Nurses

Section 302d(a)(1) of title 37, United States Code, is amended by striking December 31, 2008 and inserting December 31, 2009.

(d)

Incentive Special Pay for Nurse Anesthetists

Section 302e(a)(1) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(e)

Special Pay for Selected Reserve Health Professionals in Critically Short Wartime Specialties

Section 302g(e) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(f)

Accession Bonus for Dental Officers

Section 302h(a)(1) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(g)

Accession Bonus for Pharmacy Officers

Section 302j(a) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(h)

Accession Bonus for Medical Officers in Critically Short Wartime Specialties

Section 302k(f) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(i)

Accession Bonus for Dental Specialist Officers in Critically Short Wartime Specialties

Section 302l(g) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

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.

614.

Extension of authorities relating to payment of other title 37 bonuses and special pays

(a)

Aviation Officer Retention Bonus

Section 301b(a) of title 37, United States Code, is amended by striking December 31, 2008 and inserting December 31, 2009.

(b)

Assignment incentive pay

Section 307a(g) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(c)

Reenlistment Bonus for Active Members

Section 308(g) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(d)

Enlistment Bonus

Section 309(e) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(e)

Accession Bonus for New Officers in Critical Skills

Section 324(g) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(f)

Incentive Bonus for Conversion to Military Occupational Specialty to Ease Personnel Shortage

Section 326(g) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(g)

Accession Bonus for Officer Candidates

Section 330(f) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(h)

Retention Bonus for Members With Critical Military Skills or Assigned to High Priority Units

Section 355(i) of such title, as redesignated by section 661(c) of the National Defense Authorization Act for Fiscal Year 2008, is amended by striking December 31, 2008 and inserting December 31, 2009.

615.

Extension of authorities relating to payment of referral bonuses

(a)

Health professions referral bonus

Subsection (i) of section 1030 of title 10, United States Code, as added by section 671(b) of the National Defense Authorization Act for Fiscal Year 2008, is amended by striking December 31, 2008 and inserting December 31, 2009.

(b)

Army referral bonus

Subsection (h) of section 3252 of title 10, United States Code, as added by section 671(a) of the National Defense Authorization Act for Fiscal Year 2008, is amended by striking December 31, 2008 and inserting December 31, 2009.

616.

Increase in maximum bonus and stipend amounts authorized under Nurse Officer Candidate Accession Program

(a)

Accession bonus

Paragraph (1) of section 2130a(a) of title 10, United States Code, is amended—

(1)

by striking $10,000 and inserting $20,000; and

(2)

by striking $5,000 and inserting $10,000.

(b)

Monthly stipend

Paragraph (2) of such section is amended by striking $1,000 and inserting $1,250.

(c)

Effective date

The amendments made by this section shall take effect on October 1, 2008.

617.

Maximum length of nuclear officer incentive pay agreements for service

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

618.

Technical changes regarding consolidation of special pay, incentive pay, and bonus authorities of the uniformed services

(a)

Eligibility requirements for nuclear officer bonus and incentive pay

Section 333 of title 37, United States Code, is amended—

(1)

in subsection (a)(2), by striking and operational; and

(2)

in subsection (b)(2), by striking and operational.

(b)

Relationship of aviation incentive pay to other pay and allowances

Section 334(f)(1) of such title is amended by striking section 351 and inserting section 351(a)(2).

(c)

Health professions incentive pay

Section 335(e)(1)(D)(i) of such title is amended by striking dental surgeons and inserting dental officers.

(d)

No pro-rated payment of certain hazardous duty pays

Section 351(c) of such title is amended by striking subsection (a) and inserting paragraph (1) or (3) of subsection (a).

(e)

Availability of hazardous duty pay

Section 351(f) of such title is amended—

(1)

by striking in administering subsection (a) and inserting in connection with determining whether a triggering event has occurred for the provision of hazardous duty pay under subsection (a)(1); and

(2)

by striking the last sentence.

(f)

Termination provision for hazardous duty pay

Section 351(i) of such title is amended by inserting before the period the following: , unless receipt of the hazardous duty pay is specified in an agreement entered into between the member and the Secretary concerned before that date.

619.

Use of new skill incentive pay and proficiency bonus authorities to encourage training in critical foreign languages and foreign cultural studies

(a)

Eligibility for skill proficiency bonus

Subsection (b) of section 353 of title 37, United States Code, is amended to read as follows:

(b)

Skill Proficiency Bonus

(1)

Availability; eligible persons

The Secretary concerned may pay a proficiency bonus to a member of a regular or reserve component of the uniformed services who—

(A)

is entitled to basic pay under section 204 of this title or compensation under section 206 of this title or is enrolled in an officer training program; and

(B)

is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned or is in training to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned.

(2)

Inclusion of certain Senior ROTC members

A proficiency bonus may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers’ Training Corps program even though the student is in the first year of the four-year course under the program. During the period covered by the proficiency bonus, the student shall also be entitled to a monthly subsistence allowance under section 209(c) of this title even though the student has not entered into an agreement under section 2103a of title 10. However, if the student receives incentive pay under subsection (g)(2) for the same period, the student may receive only a single monthly subsistence allowance under section 209(c) of this title.

.

(b)

Availability of incentive pay for participation in foreign language education or training programs

Such section is further amended—

(1)

by redesignating subsections (g), (h), and (i) as subsections (h), (i), and (j), respectively; and

(2)

by inserting after subsection (f) the following new subsection (g):

(g)

Foreign language studies in officer training programs

(1)

Availability of incentive pay

The Secretary concerned may pay incentive pay to a person enrolled in an officer training program to also participate in an education or training program to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned.

(2)

Inclusion of certain Senior ROTC members

Incentive pay may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers’ Training Corps program even though the student is in the first year of the four-year course under the program. While the student receives the incentive pay, the student shall also be entitled to a monthly subsistence allowance under section 209(c) of this title even though the student has not entered into an agreement under section 2103a of title 10. However, if the student receives a proficiency bonus under subsection (b)(2) covering the same month, the student may receive only a single monthly subsistence allowance under section 209(c) of this title.

(3)

Critical foreign language defined

In this section, the term critical foreign language includes Arabic, Korean, Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian, Russian, Portuguese, or other language designated as critical by the Secretary concerned.

.

(c)

Pilot program for foreign language proficiency training for reserve members

(1)

Pilot program required

The Secretary of Defense shall conduct a pilot program to provide a skill proficiency bonus under section 353(b) of title 37, United States Code, to a member of a reserve component of the uniformed services who is entitled to compensation under section 206 of such title while the member participates in an education or training program to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical under such section 353.

(2)

Duration of pilot program

The Secretary shall conduct the pilot program during the period beginning on October 1, 2008, and ending on December 31, 2013. Incentive pay may not be provided under the pilot program after December 31, 2013.

(3)

Reporting requirement

Not later than March 31, 2012, the Secretary shall submit to Congress a report containing the results of the pilot program and the recommendations of the Secretary regarding whether to continue or expand the pilot program.

(d)

Expedited implementation

Notwithstanding section 662 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 180; 37 U.S.C. 301 note), the Secretary of a military department may immediately implement the amendments made by subsections (a) and (b) in order to ensure the prompt availability of proficiency bonuses and incentive pay under section 353 of title 37, United States Code, as amended by such subsections, for persons enrolled in officer training programs.

620.

Temporary targeted bonus authority to increase direct accessions of officers in certain health professions

(a)

Designation of critically short wartime health specialties

For purposes of section 335 of title 37, United States Code, as added by section 661 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181), the following health professions are designated as a critically short wartime specialty under subsection (a)(2) of such section:

(1)

Psychologists who have been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology and are fully licensed and such other mental health practitioners as the Secretary concerned determines to be necessary.

(2)

Registered nurses.

(b)

Special agreement authority

Under the authority provided by this section, the Secretary concerned may enter into an agreement under subsection (f) of section 335 of title 37, United States Code, to pay a health professions bonus under such section to a person who accepts a commission or appointment as an officer and whose health profession specialty is specified in subsection (a).

(c)

Effective period

This section shall take effect on October 1, 2008. The designations made by subsection (a) and the authority to enter into an agreement under subsection (b) expire on September 30, 2010.

C

Travel and Transportation Allowances

631.

Increased weight allowance for transportation of baggage and household effects for certain enlisted members

(a)

Allowance

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

Pay GradeWithout DependentsWith Dependents
“E–913,50015,500
E–812,50014,500
E–711,50013,500
E–68,50011,500
E–57,5009,500”.
(b)

Effective date

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

632.

Additional weight allowance for transportation of materials associated with employment of a member’s spouse or community support volunteer or charity activities

(a)

Additional weight allowance

Section 406(b)(1) of title 37, United States Code, is amended by adding at the end the following new subparagraph:

(H)

In connection with a change of permanent station of a member, the Secretary concerned shall increase the weight allowance otherwise applicable under subparagraph (C) for the member by 200 pounds for the purpose of facilitating the shipment of materials associated with the employment of the member’s spouse or community support volunteer or charity activities of the member and any dependents of the member.

.

633.

Transportation of family pets during evacuation of nonessential personnel

Section 406(b)(1) of title 37, United States Code, is amended by inserting after subparagraph (H), as added by section 632, the following new subparagraph:

(I)

In connection with an evacuation from a permanent station located in a foreign area, a member is entitled to transportation of not more than two family household pets, including shipment and the payment of quarantine fees, if any. As an alternative to the provision of transportation for the pets, the Secretary concerned may reimburse the member or provide a monetary allowance under subparagraph (F) if other commercial transportation means are used. A member is not entitled to transportation under this subparagraph for horses, livestock, or pets weighing in excess of 150 pounds or for animals that the Secretary concerned determines are exotic pets or endangered species.

.

D

Retired Pay and Survivor Benefits

641.

Equity in computation of disability retired pay for reserve component members wounded in action

Section 1208(b) of title 10, United States Code, is amended—

(1)

by striking A member and inserting (1) Except as provided in paragraph (2), a member; and

(2)

by adding at the end the following new paragraph:

(2)

If a member of the uniformed services who is not a member of a regular component is retired under this chapter or is placed on the temporary disability retired list under this chapter because of a disability incurred after the date of the enactment of this paragraph for which the member is awarded the Purple Heart, the member shall be credited, for the purposes of this chapter, with the number of years of service that would be counted if computing the member’s years of service under section 12732 of this title.

.

642.

Effect of termination of subsequent marriage on payment of Survivor Benefit Plan annuity to surviving spouse or former spouse who previously transferred annuity to dependent children

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

643.

Extension to survivors of certain members who die on active duty of special survivor indemnity allowance for persons affected by required Survivor Benefit Plan annuity offset for dependency and indemnity compensation

(a)

Extension

Subsection (m) of section 1450 of title 10, United States Code, as added by section 644 of the National Defense Authorization Act for Fiscal Year 2008, is amended in paragraph (1)(B) by striking section 1448(a)(1) of this title and inserting subsection (a)(1) of section 1448 of this title or by reason of coverage under subsection (d) of such section.

(b)

Application of amendment

The amendment made by subsection (a) shall apply with respect to the month beginning on October 1, 2008, and subsequent months as provided by paragraph (6) of subsection (m) of section 1450 of title 10, United States Code, as added by section 644 of the National Defense Authorization Act for Fiscal Year 2008.

644.

Election to receive retired pay for non-regular service upon retirement for service in an active reserve status performed after attaining eligibility for regular retirement

(a)

Election authority; requirements

Subsection (a) of section 12741 of title 10, United States Code, is amended to read as follows:

(a)

Authority to elect to receive reserve retired pay

(1)

A person may elect to receive retired pay under this chapter, instead of receiving retired or retainer pay under chapter 65, 367, 571, or 867 of this title, if—

(A)

the person satisfies the requirements specified in paragraphs (1) and (2) of section 12731(a) of this title for entitlement to retired pay under this chapter;

(B)

the person served in an active status in the Selected Reserve of the Ready Reserve after becoming eligible for retirement under chapter 65, 367, 571, or 867 of this title (without regard to whether the person actually retired or received retired or retainer pay under one of those chapters);

(C)

the person completed not less than two years of service in such active status (excluding any period of active service); and

(D)

the service of the person in such active status is determined by the Secretary concerned to have been satisfactory.

(2)

The Secretary concerned may reduce the two-year service requirement specified in paragraph (1)(C) in the case of a person who—

(A)

completed at least six months of service in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general; and

(B)

failed to complete the minimum two years of service solely because the appointment of the person to such position was terminated or vacated as described in section 324(b) of title 32.

.

(b)

Actions to effectuate election

Subsection (b) of such section is amended by striking paragraph (1) and inserting the following new paragraph:

(1)

terminate the eligibility of the person to retire under chapter 65, 367, 571, or 867 of this title, if the person is not already retired under one of those chapters, and terminate entitlement of the person to retired or retainer pay under one of those chapters, if the person was already receiving retired or retainer pay under one of those chapters; and

.

(c)

Conforming amendment to reflect new variable age requirement for retirement

Subsection (d) of such section is amended—

(1)

in paragraph (1), by striking attains 60 years of age and inserting attains the eligibility age applicable to the person under section 12731(f) of this title; and

(2)

in paragraph (2)(A), by striking attains 60 years of age and inserting attains the eligibility age applicable to the person under such section.

(d)

Repeal of restriction on election to receive reserve retired pay

Section 12731(a) of such title is amended—

(1)

by inserting and at the end of paragraph (2);

(2)

by striking ; and at the end of paragraph (3) and inserting a period; and

(3)

by striking paragraph (4).

(e)

Clerical amendments

(1)

Section heading

The heading for section 12741 of such title is amended to read as follows:

12741.

Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement

.

(2)

Table of sections

The table of sections at the beginning of chapter 1223 of such title is amended by striking the item relating to section 12741 and inserting the following new item:

12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement.

.

(f)

Retroactive applicability

The amendments made by this section shall take effect as of January 1, 2008.

645.

Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement

(a)

Recomputation

Section 10145 of title 10, United States Code, is amended by adding at the end the following new subsection:

(e)
(1)

If a member of the Retired Reserve is recalled to an active status under subsection (d) in the Selected Reserve of the Ready Reserve and completes not less than two years of service in such active status, the member is entitled to—

(A)

the recomputation of the retired pay of the member determined under section 12739 of this title; and

(B)

in the case of a commissioned officer, an adjustment in the retired grade of the member in the manner provided in section 1370 of this title.

(2)

The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who—

(A)

is recalled to serve in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general;

(B)

completes at least six months of service in such position; and

(C)

fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section 324(b) of title 32.

.

(b)

Retroactive applicability

The amendment made by this section shall take effect as of January 1, 2008.

646.

Correction of unintended reduction in survivor benefit plan annuities due to phased elimination of two-tier annuity computation and supplemental annuity

Effective as of October 28, 2004, and as if included therein as enacted, section 644(c) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1961; 19 U.S.C. 1450 note) is amended by adding at the end the following new paragraph:

(3)

Savings provision

If, as a result of the recomputation of annuities under section 1450 of title 10, United States Code, and supplemental survivor annuities under section 1457 of such title, as required by paragraph (1), the total amount of both annuities to be paid to an annuitant for a month would be less (because of the offset required by section 1450(c) of such title for dependency and indemnity compensation) than the amount that would be paid to the annuitant in the absence of recomputation, the Secretary of Defense shall take such actions as are necessary to adjust the annuity amounts to eliminate the reduction.

.

647.

Presumption of death for participants in Survivor Benefit Plan in missing status

(a)

Conditions on presumption

In the case of a participant in the Survivor Benefit Plan who has been determined by the Secretary of State to have been kidnapped in Iraq or Afghanistan on or after August 1, 2007, the Secretary of a military department may not make a determination under section 1450(l) of title 10, United States Code, that the participant is missing, with the presumption of death, until the earlier of—

(1)

a period of at least 7 years expires after the date of the determination of the Secretary of State; or

(2)

the date on which the participant is confirmed dead and a death certificate is delivered to the next of kin of the participant.

(b)

Resumption of retired pay; payment of back pay

In the case of a participant in the Survivor Benefit Plan described in subsection (a) who was presumed to be dead before the date of the enactment of this Act under section 1450(l) of title 10, United States Code, the Secretary of a military department concerned shall—

(1)

resume payment of any retired pay to which the participant is entitled to as a retired member of the Armed Forces pending satisfaction of the conditions specified in subsection (a); and

(2)

pay retired pay for periods occurring before the date of the enactment of this Act for which retired pay was not paid because of the presumption of death.

648.

Eligibility for disability retired pay and separation pay of certain former cadets and midshipmen with prior enlisted service

Section 1217(a) of title 10, United States Code, is amended by striking incurred after October 28, 2004. and inserting

incurred—

(1)

after October 28, 2004; or

(2)

after January 1, 2000, in the case of a cadet or midshipman who was discharged from an enlisted grade in order to accept an appointment as a cadet or midshipman.

.

E

Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

651.

Use of commissary stores surcharges derived from temporary commissary initiatives for reserve components and retired members

Section 2484(h) of title 10, United States Code, is amended—

(1)

by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;

(2)

in such paragraph (4), as so redesignated, by striking paragraph (1) or (2) and inserting paragraph (1), (2), or (3); and

(3)

by inserting after paragraph (2) the following new paragraph:

(3)
(A)

The Secretary of Defense may use the proceeds derived from surcharges imposed under subsection (d) in connection with sales of commissary merchandise through initiatives described in subparagraph (B) to offset the cost of such initiatives.

(B)

Subparagraph (A) applies with respect to initiatives, utilizing temporary and mobile equipment, intended to provide members of reserve components, Retired members, and other persons eligible for commissary benefits, but without reasonable access to commissary stores, improved access to commissary merchandise.

.

652.

Requirements for private operation of commissary store functions

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

653.

Additional exception to limitation on use of appropriated funds for Department of Defense golf courses

Section 2491a of title 10, United States Code, is amended—

(1)

by redesignating paragraph (2) of subsection (b) as subsection (c) and, in such subsection (as so redesignated)—

(A)

by inserting Regulations.— before The Secretary; and

(B)

by striking this subsection and inserting subsection (b); and

(2)

by inserting after paragraph (1) of subsection (b) the following new paragraph:

(2)

Subsection (a) does not apply to the purchase and maintenance of specialized golf carts designed to accommodate persons with disabilities and the use of the golf carts at a facility or installation where the Secretary determines the golf carts can be safely operated.

.

654.

Enhanced enforcement of prohibition on sale or rental of sexually explicit material on military installations

(a)

Establishment of Resale Activities Review Board

Section 2495b of title 10, United States Code, is amended—

(1)

by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2)

by inserting after subsection (b) the following new subsection:

(c)

Resale Activities Review Board

(1)

The Secretary of Defense shall establish a nine-member board to make recommendations to the Secretary regarding whether material sold or rented, or proposed for sale or rental, on property under the jurisdiction of the Department of Defense is barred from sale or rental by subsection (a).

(2)
(A)

The Secretary of Defense shall appoint six members of the board to broadly represent the interests of the patron base served by the defense commissary system and the exchange system. The Secretary shall appoint one of the members to serve as the chairman of the board. At least one member appointed under this subparagraph shall be a person with experience managing or advocating for military family programs and who is also an eligible patron of the defense commissary system and the exchange system.

(B)

The Secretary of each of the military departments shall appoint one member of the board.

(C)

A vacancy on the board shall be filled in the same manner as the original appointment.

(3)

The Secretary of Defense may detail persons to serve as staff for the board. At a minimum, the Secretary shall ensure that the board is assisted at meetings by military resale and legal advisors.

(4)

The recommendations made by the board under paragraph (1) shall be made available to the public. The Secretary of Defense shall publicize the availability of such recommendations by such means as the Secretary considers appropriate.

(5)

Members of the board shall be allowed travel expense, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the board.

.

(b)

Deadline for establishment and initial meeting

(1)

Establishment

The board required by subsection (c) of section 2495b of title 10, United States Code, as added by subsection (a), shall be established, and its initial nine members appointed, not later than 120 days after the date of the enactment of this Act.

(2)

Meetings

The board shall conduct an initial meeting within one year after the date of the appointment of the initial members of the board. At the discretion of the board, the board may consider all materials previously reviewed under such section as available for reconsideration for a minimum of 180 days following the initial meeting of the board.

655.

Requirement to buy military decorations, ribbons, badges, medals, insignia, and other uniform accouterments produced in the United States

(a)

Requirement

Subchapter III of chapter 147 of title 10, United States Code, is amended by adding at the end the following new section:

2495c.

Requirement to buy military decorations and other uniform accouterments from American sources; exceptions

(a)

Buy-American requirement

A military exchange store or other nonappropriated fund instrumentality of the Department of Defense may not purchase for resale any military decorations, ribbons, badges, medals, insignia, and other uniform accouterments that are not produced in the United States.

(b)

Exception

Subsection (a) does not apply to the extent that the Secretary of Defense determines that—

(1)

a satisfactory quality and sufficient quantity of an item covered by such subsection and produced in the United States cannot be procured; or

(2)

the purchase of the item produced outside the United States is in the best interests of members of the armed forces.

(c)

Congressional notification

As soon as practicable after an exception is granted under subsection (b), the Secretary of Defense shall submit to Congress a report explaining the reasons for the exception.

(d)

United states defined

In this section, the term United States includes the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory or possession of the United States.

.

(b)

Clerical amendment

The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

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

.

656.

Use of appropriated funds to pay post allowances or overseas cost of living allowances to nonappropriated fund instrumentality employees serving overseas

(a)

Authority to use appropriated funds

Chapter 81 of title 10, United States Code, is amended by inserting after section 1587a the following new section:

1587b.

Employees of nonappropriated fund instrumentalities: payment of overseas post allowances or overseas cost of living allowances

(a)

Use of appropriated funds to pay allowances

Subject to the availability of appropriated funds for this purpose, the Secretary of Defense may pay post allowances or cost of living allowances to an nonappropriated fund instrumentality employee who is a citizen of the United States and is employed in a full-time position at a location outside of the continental United States.

(b)

Duration

The Secretary of Defense may use the authority provided by this section to pay post allowances or cost of living allowances that have been due to an nonappropriated fund instrumentality employee or former employee since December 1, 2001, but have not been previously paid. No allowance may be provided under this section after December 31, 2011.

(c)

Definitions

In this section:

(1)

The term nonappropriated fund instrumentality employee has the meaning given that term in section 1587 of this title.

(2)

The term continental United States means the 48 contiguous States and the District of Columbia.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1587a the following new item:

1587b. Employees of nonappropriated fund instrumentalities: payment of overseas post allowances or overseas cost of living allowances.

.

(c)

Effective date

The amendments made by this section shall take effect on October 1, 2008.

657.

Study regarding sale of alcoholic wine and beer in commissary stores in addition to exchange stores

(a)

Study required

The Secretary of Defense shall conduct a study evaluating the propriety, patron convenience, and financial utility of including alcoholic wine and beer as an authorized commissary merchandise category for sale in, at, or by commissary stores.

(b)

Pilot program

(1)

Authorized

In connection with the study required by subsection (a), the Secretary may conduct a pilot program involving the sale of alcoholic wine and beer in commissary stores if the Secretary determines that such a pilot program would be useful in making the evaluations required by such subsection.

(2)

Scope

If the Secretary determines that the pilot program would be useful, the Secretary shall conduct the pilot program at a minimum of 10 locations for a period of not less than four months nor greater than one year.

(c)

Report

Within 120 days after completion of the study required in subsection (a), the Secretary shall submit to Congress a report containing the findings and recommendations of the Secretary developed as a result of the study and the results of the pilot program, if conducted under subsection (b). The Secretary may delay the submission of the report pending the conclusion of the pilot program.

F

Other Matters

661.

Bonus to encourage Army personnel and other persons to refer persons for enlistment in the Army

(a)

Availability of bonus to trained civilians

Subsection (a)(2) of section 3252 of title 10, United States Code, is amended by adding at the end the following new subparagraph:

(F)

A member of the general public who has completed a training course provided by the Secretary, directly or through an entity contracted to provide such training, regarding the appropriate procedures used to recruit persons for enlistment in the Army.

.

(b)

Time for payment of bonus

Subsection (b) of such section is amended—

(1)

by striking or at the end of paragraph (1);

(2)

by striking the period at the end of paragraph (2) and inserting ; or; and

(3)

by adding at the end the following new paragraph:

(3)

when the individual concerned contacts an entity contracted to recruit persons for enlistment in the Army.

.

(c)

Payment methods

Such section is further amended—

(1)

in subsection (d), by striking the second sentence; and

(2)

by striking subsection (e) and inserting the following new subsection:

(e)

Payment methods

At the discretion of the Secretary, a bonus payable for a referral of a person under subsection (a) may be paid—

(1)

directly to the individual referred to in subsection (b) making the referral; or

(2)

through an entity contracted to make bonus payments under this section.

.

(d)

Clerical amendments

(1)

Section heading

The heading of such section is amended to read as follows:

3252.

Bonus to encourage Army personnel and other persons to refer persons for enlistment in the Army

.

(2)

Table of sections

The table of sections at the beginning of chapter 333 of such title is amended by striking the item relating to section 3252 and inserting the following new item:

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

.

662.

Continuation of entitlement to bonuses and similar benefits for members of the uniformed services who die, are separated or retired for disability, or meet other criteria

(a)

Discretion to provide exception to termination and repayment requirements under certain circumstances

Section 303a(e) of title 37, United States Code, is amended—

(1)

in the subsection heading, by inserting ; termination of entitlement to unpaid amounts after met;

(2)

in paragraph (1)—

(A)

by striking A member and inserting (A) Except as provided in paragraph (2), a member; and

(B)

by striking the requirements, except in certain circumstances authorized by the Secretary concerned. and inserting the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.; and

(3)

by redesignating paragraph (2) as subparagraph (B) of paragraph (1).

(b)

Mandatory payment of unpaid amounts under certain circumstances; no repayment of unearned amounts

Section 303a(e) of title 37, United States Code, is amended by inserting after paragraph (1), as amended by subsection (a), the following new paragraph (2):

(2)
(A)

If a member of the uniformed services dies (other than as a result the member’s misconduct) or is retired or separated for disability under chapter 61 of title 10, the Secretary concerned—

(i)

shall not require repayment by the member or the member’s estate of the unearned portion of any bonus or similar benefit previously paid to the member; and

(ii)

shall require the payment to the member or the member’s estate of the remainder of any bonus or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member.

(B)

The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus or similar benefit as if the member continued to be entitled to the bonus or similar benefit following the death, retirement, or separation.

(C)

Amounts to be paid to a member or the member’s estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies.

.

(c)

Conforming amendments reflecting consolidated special pay and bonus authorities

(1)

Conforming amendments

Section 373 of title 37, United States Code, as added by section 661 of the National Defense Authorization Act for Fiscal Year 2008, is amended—

(A)

in subsection (a)—

(i)

in the subsection heading, by inserting and termination after Repayment; and

(ii)

by inserting before the period at the end the following: , and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement; and

(B)

by striking subsection (b) and inserting the following new subsection:

(b)

Exceptions

(1)

Discretion to provide exception to termination and repayment requirements

Pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination requirements with regard to a member of the uniformed services would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.

(2)

Mandatory payment of unpaid amounts under certain circumstances; no repayment of unearned amounts

(A)

If a member of the uniformed services dies (other than as a result the member’s misconduct) or is retired or separated for disability under chapter 61 of title 10, the Secretary concerned—

(i)

shall not require repayment by the member or the member’s estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and

(ii)

shall require the payment to the member or the member’s estate of the remainder of any bonus, incentive pay, or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member.

(B)

The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus, incentive pay, or similar benefit as if the member continued to be entitled to the bonus, incentive pay, or similar benefit following the death, retirement, or separation.

(C)

Amounts to be paid to a member or the member’s estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies.

.

(2)

Clerical amendments

(A)

Section heading

The heading of such section is amended to read as follows:

373.

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

.

(B)

Table of contents

The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by striking the item relating to section 373 and inserting the following new item:

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

.

663.

Providing injured members of the Armed Forces information concerning benefits

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

1651.

Handbook for members of the Armed Forces on compensation and benefits available for serious injuries and illnesses

(a)

Information on Available Compensation and Benefits

Not later than March 31, 2009, the Secretary of Defense shall develop and maintain a comprehensive description of the compensation and other benefits to which a member of the Armed Forces, and the family of such member, would be entitled upon the separation or retirement of the member from the Armed Forces as a result of a serious injury or illness. Such description shall be published—

(1)

in a handbook; and

(2)

on a publically available, searchable Internet website or comparable successor facility.

(b)

Contents

The comprehensive description shall include the following:

(1)

The range of compensation and benefits based on grade, length of service, degree of disability at separation or retirement, and other factors affecting compensation and benefits as the Secretary considers appropriate.

(2)