S. 3001 (110th): Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

110th Congress, 2007–2009. Text as of Oct 03, 2008 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPO

One Hundred Tenth Congress of the United States of America

2d Session

S. 3001

IN THE SENATE OF THE UNITED STATES

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, and for other purposes.

1.

Short title; findings; sense of Congress

(a)

Short title

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

(b)

Findings

Congress makes the following findings:

(1)

Representative Duncan Hunter was elected to serve northern and eastern San Diego in 1980 and served in the House of Representatives until the end of the 110th Congress in 2009, representing the people of California’s 52d Congressional district.

(2)

Previous to his service in Congress, Representative Hunter served in the Army’s 173rd Airborne and 75th Ranger Regiment from 1969 to 1971.

(3)

During the Vietnam conflict, Representative Hunter’s distinguished service was recognized by the award of the Bronze Star and Air Medal, as well as the National Defense Service Medal and the Vietnam Service Medal.

(4)

Representative Hunter served on the Committee on Armed Services of the House of Representatives for 28 years, including service as Chairman of the Subcommittee on Military Research and Development from 2001 through 2002 and the Subcommittee on Military Procurement from 1995 through 2000, the Chairman of the full committee from 2003 through 2006, and the ranking member of the full committee from 2007 through 2008.

(5)

Representative Hunter has persistently advocated for a more efficient military organization on behalf of the American people, to ensure maximum war-fighting capability and troop safety.

(6)

Representative Hunter is known by his colleagues to put the security of the Nation above all else and to provide for the men and women in uniform who valiantly dedicate and sacrifice themselves for the protection of the Nation.

(7)

Representative Hunter has demonstrated this devotion to the troops by working to authorize and ensure quick deployment of add-on vehicle armor and improvised explosive device jammers, which have been invaluable in protecting the troops from attack in Iraq.

(8)

Representative Hunter worked to increase the size of the U.S. Armed Forces, which resulted in significant increases in the size of the Army and Marine Corps.

(9)

Representative Hunter has been a leader in ensuring sufficient force structure and end-strength, including through the 2006 Committee Defense Review, to meet any challenges to the Nation. His efforts to increase the size of the Army and Marine Corps contributed to the enactment by the Congress and the subsequent implementation by the Administration of the larger forces.

(10)

Representative Hunter is a leading advocate for securing America’s borders.

(11)

Representative Hunter led efforts to strengthen the United States Industrial Base by working to enact legislation that ensures that the national industrial base will be able to design and manufacture those products critical to America’s national security.

(c)

Sense of Congress

It is the sense of Congress that the Honorable Duncan Hunter, Representative from California, has discharged his official duties with integrity and distinction, has served the House of Representatives and the American people selflessly, and deserves the sincere and humble gratitude of Congress and the Nation.

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into three divisions as follows:

(1)

Division A—Department of Defense Authorizations.

(2)

Division B—Military Construction Authorizations.

(3)

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

(b)

Table of Contents

The table of contents for this Act is as follows:

Sec. 1. Short title; findings; sense of Congress.

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

Sec. 3. Congressional defense committees.

Sec. 4. Explanatory statement.

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.

Subtitle B—Army Programs

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

Sec. 112. Clarification of status of Future Combat Systems program lead system integrator.

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.

Sec. 115. Stryker Mobile Gun System.

Subtitle C—Navy Programs

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

Sec. 122. Littoral Combat Ship (LCS) program.

Sec. 123. Report on F/A–18 procurement costs, comparing multiyear to annual.

Sec. 124. Authority for advanced procurement and construction of components for the Virginia-class submarine program.

Subtitle D—Air Force Programs

Sec. 131. Maintenance of retired KC–135E aircraft.

Sec. 132. Repeal of multi-year contract authority for procurement of tanker aircraft.

Sec. 133. Reports on KC–(X) tanker aircraft requirements.

Sec. 134. F-22A fighter aircraft.

Subtitle E—Joint and Multiservice Matters

Sec. 141. Annual long-term plan for the procurement of aircraft for the Navy and the Air Force.

Sec. 142. Report on body armor acquisition strategy.

Sec. 143. Small arms acquisition strategy and requirements review.

Sec. 144. Requirement for common ground stations and payloads for manned and unmanned aerial vehicle systems.

Sec. 145. 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.

Sec. 217. Requirement for plan on overhead nonimaging infrared systems.

Sec. 218. Advanced energy storage technology and manufacturing.

Sec. 219. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.

Sec. 220. Requirements for certain airborne intelligence collection systems.

Sec. 221. Limitation on obligation of funds for Enhanced AN/TPQ–36 radar system pending submission of report.

Subtitle C—Missile Defense Programs

Sec. 231. Annual Director of Operational Test and Evaluation characterization of operational effectiveness, suitability, and survivability of the ballistic missile defense system.

Sec. 232. Independent study of boost-phase missile defense.

Sec. 233. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe.

Sec. 234. Review of the ballistic missile defense policy and strategy of the United States.

Sec. 235. Airborne Laser System.

Sec. 236. Activation and deployment of AN/TPY–2 forward-based X-band radar.

Subtitle D—Reports

Sec. 241. Biennial reports on joint and service concept development and experimentation.

Sec. 242. Report on participation of the historically black colleges and universities and minority-serving institutions in research and educational programs and activities of the Department of Defense.

Sec. 243. Report on Department of Defense response to findings and recommendations of the Defense Science Board Task Force on Directed Energy Weapons.

Subtitle E—Other Matters

Sec. 251. Modification of systems subject to survivability testing oversight by the Director of Operational Test and evaluation.

Sec. 252. 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. 253. Assessment of technology transition programs and repeal of reporting requirement.

Sec. 254. Trusted defense systems.

Sec. 255. Capabilities-based assessment to outline a joint approach for future development of vertical lift aircraft and rotorcraft.

Sec. 256. Executive agent for printed circuit board technology.

Sec. 257. Review of conventional prompt global strike technology applications and concepts.

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. Expedited use of appropriate technology related to unexploded ordnance detection.

Sec. 315. Closed loop re-refining of used motor vehicle lubricating oil.

Sec. 316. Comprehensive program for the eradication of the brown tree snake population from military facilities in Guam.

Subtitle C—Workplace and Depot Issues

Sec. 321. Comprehensive analysis and development of single Government-wide definition of inherently governmental function and criteria for critical functions.

Sec. 322. Study on future depot capability.

Sec. 323. Government Accountability Office review of high-performing organizations.

Sec. 324. Consolidation of Air Force and Air National Guard aircraft maintenance.

Sec. 325. Report on Air Force civilian personnel consolidation plan.

Sec. 326. Report on reduction in number of firefighters on Air Force bases.

Sec. 327. Minimum capital investment for certain depots.

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 and wind energy for use for expeditionary forces.

Sec. 334. Study on alternative and synthetic fuels.

Sec. 335. Mitigation of power outage risks for Department of Defense facilities and activities.

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.

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. Revision of certain Air Force regulations required.

Sec. 356. Transfer of C–12 aircraft to California Department of Forestry and Fire Protection.

Sec. 357. Limitation on treatment of retired B–52 aircraft for Air Combat Command headquarters.

Sec. 358. Increase of domestic breeding of military working dogs used by the Department of Defense.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

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

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

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy Generally

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

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

Sec. 503. Authorized number of general officers on active duty in the Army and Marine Corps, limited exclusion for joint duty requirements, and increase in number of officers serving in grades above major general and rear admiral.

Sec. 504. Modification of authority on Staff Judge Advocate to the Commandant of the Marine Corps.

Sec. 505. Eligibility of reserve officers to serve on boards of inquiry for separation of regular officers for substandard performance and other reasons.

Sec. 506. Delayed authority to alter distribution requirements for commissioned officers on active duty in general officer and flag officer grades and limitations on authorized strengths of general and flag officers on active duty.

Subtitle B—Reserve Component Management

Sec. 511. Extension to other reserve components of Army authority for deferral of mandatory separation of military technicians (dual status) until age 60.

Sec. 512. Modification of authorized strengths for certain Army National Guard, Marine Corps Reserve, and Air National Guard officers and Army National Guard enlisted personnel serving on full-time reserve component duty.

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. Modification of authorities on dual duty status of National Guard officers.

Sec. 518. Study and report regarding Marine Corps personnel policies regarding assignments in Individual Ready Reserve.

Sec. 519. Report on collection of information on civilian skills of members of the reserve components of the Armed Forces.

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. Modification of limitations on authorized strengths of reserve general and flag officers in active status serving in joint duty assignments.

Sec. 527. Reports on joint education courses available through the Department of Defense.

Subtitle D—General Service Authorities

Sec. 531. Increase in maximum period of reenlistment of regular members of the Armed Forces.

Sec. 532. Paternity leave for members of the Armed Forces.

Sec. 533. Pilot programs on career flexibility to enhance retention of members of the Armed Forces.

Subtitle E—Education and Training

Sec. 540. Authorized strength of military service academies and repeal of prohibition on phased increase in midshipmen and cadet strength limit at Naval Academy and Air Force Academy.

Sec. 541. Promotion of foreign and cultural exchange activities at military service academies.

Sec. 542. Increased authority to enroll defense industry employees in defense product development program.

Sec. 543. Expanded authority for institutions of professional military education to award degrees.

Sec. 544. Tuition for attendance of Federal employees at the United States Air Force Institute of Technology.

Sec. 545. Increase in number of permanent professors at the United States Air Force Academy.

Sec. 546. Requirement of completion of service under honorable conditions for purposes of entitlement to educational assistance for reserve component members supporting contingency operations.

Sec. 547. Consistent education loan repayment authority for health professionals in regular components and Selected Reserve.

Sec. 548. Increase in number of units of Junior Reserve Officers’ Training Corps.

Sec. 549. Correction of erroneous Army College Fund benefit amounts.

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

Subtitle F—Defense Dependents’ Education

Sec. 551. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 552. Impact aid for children with severe disabilities.

Sec. 553. Transition of military dependent students among local educational agencies.

Sec. 554. Calculation of payments for eligible federally connected children under Department of Education’s Impact Aid program.

Subtitle G—Military Justice

Sec. 561. Effective period of military protective orders.

Sec. 562. Mandatory notification of issuance of military protective order to civilian law enforcement.

Sec. 563. Implementation of information database on sexual assault incidents in the Armed Forces.

Subtitle H—Decorations, Awards, and Honorary Promotions

Sec. 571. Replacement of military decorations.

Sec. 572. Authorization and request for award of Medal of Honor to Richard L. Etchberger for acts of valor during the Vietnam War.

Subtitle I—Military Families

Sec. 581. Presentation of burial flag to the surviving spouse and children of deceased members of the Armed Forces.

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

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

Subtitle J—Other Matters

Sec. 591. Prohibition on interference in independent legal advice by the Legal Counsel to the Chairman of the Joint Chiefs of Staff.

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. Modification of matching fund requirements under National Guard Youth Challenge Program.

Sec. 595. Military salute for the flag during the national anthem by members of the Armed Forces not in uniform and by veterans.

Sec. 596. Military Leadership Diversity Commission.

Sec. 597. Demonstration project on service of retired nurse corps officers as faculty at civilian nursing schools.

Sec. 598. Report on planning for participation and hosting of the Department of Defense in international sports activities, competitions, and events.

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 extension of prohibition on charges for meals received at military treatment facilities by members receiving continuous care.

Sec. 603. Increase in maximum authorized payment or reimbursement amount for temporary lodging expenses.

Sec. 604. Availability of second family separation allowance for married couples with dependents.

Sec. 605. Extension of authority for income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.

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 and health professions stipend 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 and authorization of incentive pay for members of precommissioning programs pursuing foreign language proficiency.

Sec. 620. Accession and retention bonuses for the recruitment and retention of officers in certain health professions.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Special weight allowance for transportation of professional books and equipment for spouses.

Sec. 622. Shipment of family pets during evacuation of personnel.

Subtitle D—Retired Pay and Survivor Benefits

Sec. 631. 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. 632. Correction of unintended reduction in survivor benefit plan annuities due to phased elimination of two-tier annuity computation and supplemental annuity.

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

Sec. 641. Use of commissary stores surcharges derived from temporary commissary initiatives for reserve component and retired members.

Sec. 642. Enhanced enforcement of prohibition on sale or rental of sexually explicit material on military installations.

Subtitle F—Other Matters

Sec. 651. 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.

TITLE VII—HEALTH CARE AND WOUNDED WARRIOR 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. Chiropractic health care for members on active duty.

Sec. 704. Calculation of monthly premiums for coverage under TRICARE Reserve Select after 2008.

Sec. 705. Program for health care delivery at military installations projected to grow.

Sec. 706. Guidelines for combined medical facilities of the Department of Defense and the Department of Veterans Affairs.

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.

Sec. 715. Additional authority for studies and demonstration projects relating to delivery of health and medical care.

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. Center of Excellence in the Mitigation, Treatment, and Rehabilitation of Traumatic Extremity Injuries and Amputations.

Sec. 724. Additional responsibilities for the wounded warrior resource center.

Sec. 725.  Sense of Congress on research on traumatic brain injury.

Sec. 726. Extension of Senior Oversight Committee with respect to wounded warrior matters.

Sec. 727. Modification of utilization of veterans' presumption of sound condition in establishing eligibility of members of the Armed Forces for retirement for disability.

Subtitle D—Other Matters

Sec. 731. Report on providing the Extended Care Health Option Program to dependents of military retirees.

Sec. 732.  Increase in cap on extended benefits under extended health care option (ECHO).

Sec. 733. Department of Defense task force on the prevention of suicide by members of the Armed Forces.

Sec. 734. Transitional health care for certain members of the Armed Forces who agree to serve in the Selected Reserve of the Ready Reserve.

Sec. 735. Enhancement of medical and dental readiness of members of the Armed Forces.

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

Subtitle A—Acquisition Policy and Management

Sec. 801.  Assessment of urgent operational needs fulfillment.

Sec. 802. Implementation of statutory requirements regarding the national technology and industrial base.

Sec. 803. Commercial software reuse preference.

Sec. 804. Internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies.

Subtitle B—Provisions Relating to Major Defense Acquisition Programs

Sec. 811. Inclusion of major subprograms to major defense acquisition programs under acquisition reporting requirements.

Sec. 812. Inclusion of certain major information technology investments in acquisition oversight authorities for major automated information system programs.

Sec. 813. Transfer of sections of title 10 relating to Milestone A and Milestone B for clarity.

Sec. 814. Configuration steering boards for cost control under major defense acquisition programs.

Sec. 815. Preservation of tooling for major defense acquisition programs.

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

Sec. 821. Definition of system for Defense Acquisition Challenge Program.

Sec. 822. Technical data rights.

Sec. 823. Revision to the application of Cost Accounting Standards.

Sec. 824. Modification and extension of pilot program for transition to follow-on contracts under authority to carry out certain prototype projects.

Sec. 825. Clarification of status of Government rights in the designs of Department of Defense vessels, boats, craft, and components thereof.

Subtitle D—Provisions Relating to Acquisition Workforce and Inherently Governmental Functions

Sec. 831. Development of guidance on personal services contracts.

Sec. 832. Sense of Congress on performance by private security contractors of certain functions in an area of combat operations.

Sec. 833. Acquisition workforce expedited hiring authority.

Sec. 834. Career path and other requirements for military personnel in the acquisition field.

Subtitle E—Department of Defense Contractor Matters

Sec. 841. Ethics safeguards related to contractor conflicts of interest.

Sec. 842. Information for Department of Defense contractor employees on their whistleblower rights.

Sec. 843. Requirement for Department of Defense to adopt an acquisition strategy for Defense Base Act insurance.

Sec. 844. Report on use of off-shore subsidiaries by defense contractors.

Sec. 845. Defense industrial security.

Subtitle F—Matters Relating to Iraq and Afghanistan

Sec. 851. Clarification and modification of authorities relating to the Commission on Wartime Contracting in Iraq and Afghanistan.

Sec. 852. Comprehensive audit of spare parts purchases and depot overhaul and maintenance of equipment for operations in Iraq and Afghanistan.

Sec. 853. Additional matters required to be reported by contractors performing security functions in areas of combat operations.

Sec. 854. Additional contractor requirements and responsibilities relating to alleged crimes by or against contractor personnel in Iraq and Afghanistan.

Sec. 855. Suspension of statutes of limitations when Congress authorizes the use of military force.

Subtitle G—Governmentwide Acquisition Improvements

Sec. 861. Short title.

Sec. 862. Limitation on length of certain noncompetitive contracts.

Sec. 863. Requirements for purchase of property and services pursuant to multiple award contracts.

Sec. 864. Regulations on the use of cost-reimbursement contracts.

Sec. 865. Preventing abuse of interagency contracts.

Sec. 866. Limitations on tiering of subcontractors.

Sec. 867. Linking of award and incentive fees to acquisition outcomes.

Sec. 868. Minimizing abuse of commercial services item authority.

Sec. 869. Acquisition workforce development strategic plan.

Sec. 870. Contingency Contracting Corps.

Sec. 871. Access of Government Accountability Office to contractor employees.

Sec. 872. Database for Federal agency contract and grant officers and suspension and debarment officials.

Sec. 873. Role of Interagency Committee on Debarment and Suspension.

Sec. 874. Improvements to the Federal procurement data system.

Subtitle H—Other Matters

Sec. 881. Expansion of authority to retain fees from licensing of intellectual property.

Sec. 882. Report on market research.

Sec. 883. Report relating to munitions.

Sec. 884. Motor carrier fuel surcharges.

Sec. 885. Procurement by State and local governments of equipment for homeland security and emergency response activities through the Department of Defense.

Sec. 886. Review of impact of covered subsidies on acquisition of KC-45 aircraft.

Sec. 887.  Report on the implementation of earned value management at the Department of Defense.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A—Department of Defense Management

Sec. 901. Plan required for personnel management of special operations forces.

Sec. 902. Director of Operational Energy Plans and Programs.

Sec. 903. Corrosion control and prevention executives for the military departments.

Sec. 904. Participation of Deputy Chief Management Officer of the Department of Defense on Defense Business System Management Committee.

Sec. 905. Modification of status of Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs.

Sec. 906. Requirement for the Secretary of Defense to prepare a strategic plan to enhance the role of the National Guard and Reserves.

Sec. 907. General Counsel to the Inspector General of the Department of Defense.

Sec. 908. Business transformation initiatives for the military departments.

Subtitle B—Space Activities

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

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

Sec. 913. Space posture review.

Subtitle C—Chemical Demilitarization Program

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

Sec. 922. Cost-benefit analysis of future treatment 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. Enhancement of authorities relating to Department of Defense regional centers for security studies.

Sec. 942. Restriction on obligation of funds for United States Southern Command development assistance activities.

Sec. 943. Authorization of non-conventional assisted recovery capabilities.

Sec. 944. Report on homeland defense and civil support issues.

Sec. 945. Report on National Guard resource requirements.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. One-time shift of military retirement payments.

Sec. 1003. Management of purchase cards.

Sec. 1004. Codification of recurring authority on United States contributions to the North Atlantic Treaty Organization common-funded budgets.

Sec. 1005. Incorporation of funding decisions into law.

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. Report on plan for disposal of certain vessels stricken from the Naval Vessel Register.

Sec. 1014. Reimbursement of expenses for certain Navy mess operations.

Sec. 1015. Policy relating to major combatant vessels of the strike forces of the United States Navy.

Subtitle C—Counter-Drug Activities

Sec. 1021. Extension 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 United States Africa Command.

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

Subtitle D—Miscellaneous Authorities and Limitations

Sec. 1031. Enhancement of the capacity of the United States Government to conduct complex operations.

Sec. 1032. Crediting of admiralty claim receipts for damage to property funded from a Department of Defense working capital fund.

Sec. 1033. Minimum annual purchase requirements for charter air transportation services from carriers participating in the Civil Reserve Air Fleet.

Sec. 1034. Semi-annual reports on status of Navy Next Generation Enterprise Networks program.

Sec. 1035. Sense of Congress on nuclear weapons management.

Sec. 1036.  Sense of Congress on joint Department of Defense-Federal Aviation Administration executive committee on conflict and dispute resolution.

Sec. 1037.  Sense of Congress on sale of new outsize cargo, strategic airlift aircraft for civilian use.

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. Report on nuclear weapons.

Sec. 1045. Report on compliance by Department of Defense with Guam tax and licensing laws.

Sec. 1046. Report on detention operations in Iraq.

Sec. 1047. Review of bandwidth capacity requirements of the Department of Defense and the intelligence community.

Sec. 1048. Review of findings and recommendations applicable to the Department of Defense regarding electromagnetic pulse attack.

Subtitle F—Other Matters

Sec. 1051. Additional information under annual submissions of information regarding information technology capital assets.

Sec. 1052. Submission to Congress of revision to regulation on enemy prisoners of war, retained personnel, civilian internees, and other detainees.

Sec. 1053. Barnegat Inlet to Little Egg Inlet, New Jersey.

Sec. 1054. Standing advisory panel on improving coordination among the Department of Defense, the Department of State, and the United States Agency for International Development on matters of national security.

Sec. 1055. Reports on strategic communication and public diplomacy activities of the Federal Government.

Sec. 1056. Prohibitions relating to propaganda.

Sec. 1057. Sense of Congress on interrogation of detainees by contractor personnel.

Sec. 1058. Sense of Congress with respect to 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. 1059. Modification of deadlines for standards required for entry to military installations in the United States.

Sec. 1060. Extension of certain dates for Congressional Commission on the Strategic Posture of the United States.

Sec. 1061. Technical and clerical amendments.

Sec. 1062.  Notification of Committees on Armed Services with respect to certain nonproliferation and proliferation activities.

Sec. 1063. Assessment of security measures at consolidated center for North American Aerospace Defense Command and United States Northern Command.

TITLE XI—CIVILIAN PERSONNEL MATTERS

Sec. 1101. Authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian  employees working overseas.

Sec. 1102. Temporary discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone.

Sec. 1103. Election of insurance coverage by Federal civilian employees deployed in support of a contingency operation.

Sec. 1104. Extension of authority to make lump-sum severance payments.

Sec. 1105. Extension of voluntary reduction-in-force authority of Department of Defense.

Sec. 1106. Enhancement of authorities relating to additional positions under the national security personnel system.

Sec. 1107. Expedited hiring authority for health care professionals.

Sec. 1108. Direct hire authority at personnel demonstration laboratories for certain candidates.

Sec. 1109. Status reports relating to laboratory personnel demonstration projects.

Sec. 1110. Technical amendment relating to definition of professional accounting position for purposes of certification and credentialing standards.

Sec. 1111. Exceptions and adjustments to limitations on personnel and reports on such exceptions and adjustments.

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. Availability across fiscal years of funds for military-to-military contacts and comparable activities.

Sec. 1203. Availability across fiscal years of funds 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. Authority for distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability with the Armed Forces.

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

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

Sec. 1208. Extension and expansion of authority for support of special operations to combat terrorism.

Sec. 1209. Increase in amount available for costs of education and training of foreign military forces under 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. Reports on enhancing security and stability in the region along the border of Afghanistan and Pakistan.

Sec. 1218. Study and report on Police Transition Teams to train, assist, and advise units of the Iraqi Police Service.

Subtitle C—Other matters

Sec. 1231. Payment of personnel expenses for multilateral cooperation programs.

Sec. 1232. Participation of the Department of Defense in multinational military centers of excellence.

Sec. 1233. Review of security risks of participation by defense contractors in certain space activities of the People’s Republic of China.

Sec. 1234. Report on Iran’s capability to produce nuclear weapons.

Sec. 1235. Employment for resettled Iraqis.

Sec. 1236. Extension and modification of updates on report on claims relating to the bombing of the Labelle Discotheque.

Sec. 1237. Report on utilization of certain global partnership authorities.

Sec. 1238. Modification and repeal of requirement to submit certain annual reports to Congress regarding allied contributions to the common defense.

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION

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

Sec. 1302. Funding allocations.

TITLE XIV—OTHER AUTHORIZATIONS

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. National Defense Sealift Fund.

Sec. 1403. Defense Health Program.

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

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

Sec. 1406. Defense Inspector General.

Sec. 1407. National Defense Sealift Fund amendments.

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. Authorization of appropriations for Armed Forces Retirement Home.

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

Sec. 1501. Authorization of additional appropriations for operations in Afghanistan and Iraq for fiscal year 2009.

Sec. 1502. Requirement for separate display of budgets for Afghanistan and Iraq.

Sec. 1503. Joint Improvised Explosive Device Defeat Fund.

Sec. 1504. Science and technology investment strategy to defeat or counter improvised explosive devices.

Sec. 1505. Limitations on Iraq Security Forces Fund.

Sec. 1506. Limitations on Afghanistan Security Forces Fund.

Sec. 1507. Special transfer authority.

Sec. 1508. Prohibition on use of United States funds for certain facilities projects in Iraq and contributions by the Government of Iraq to combined operations and other activities in Iraq.

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.

Sec. 2003. Effective date.

TITLE XXI—ARMY

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

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. 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.

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. Modification of authority to carry out certain fiscal year 2008 project.

Sec. 2608. Extension of authorizations of certain fiscal year 2006 projects.

Sec. 2609. 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. Modification of annual base closure and realignment reporting requirements.

Sec. 2712. 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. Independent design review of National Naval Medical Center and military hospital at 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. Revision of maximum lease amount applicable to certain domestic Army family housing leases to reflect previously made annual adjustments in amount.

Sec. 2803. Use of military family housing constructed under build and lease authority to house members without dependents.

Sec. 2804. Leasing of military family housing to Secretary of Defense.

Sec. 2805. Improved oversight and accountability for military housing privatization initiative projects.

Sec. 2806. Authority to use operation and maintenance funds for construction projects inside the United States Central Command and United States Africa Command areas of responsibility.

Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family Housing LLC.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Clarification of 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. Defense access roads.

Sec. 2815. Report on application of force protection and anti-terrorism standards to gates and entry points on military installations.

Subtitle C—Provisions Related to Guam Realignment

Sec. 2821. Sense of Congress regarding military housing and utilities related to Guam realignment.

Sec. 2822. Federal assistance to Guam.

Sec. 2823. Eligibility of the Commonwealth of the Northern Mariana Islands for military base reuse studies and community planning assistance.

Sec. 2824. Support for realignment of military installations and relocation of military personnel on Guam.

Subtitle D—Energy Security

Sec. 2831. Certification of enhanced use leases for energy-related projects.

Sec. 2832. Annual report on Department of Defense installations energy management.

Subtitle E—Land Conveyances

Sec. 2841. Land conveyance, former Naval Air Station, Alameda, California.

Sec. 2842. Transfer of administrative jurisdiction, decommissioned Naval Security Group Activity, Skaggs Island, California.

Sec. 2843. Transfer of proceeds from property conveyance, Marine Corps Logistics Base, Albany, Georgia.

Sec. 2844. Land conveyance, Sergeant First Class M.L. Downs Army Reserve Center, Springfield, Ohio.

Sec. 2845. Land conveyance, John Sevier Range, Knox County, Tennessee.

Sec. 2846. Land conveyance, Army property, Camp Williams, Utah.

Sec. 2847. Extension of Potomac Heritage National Scenic Trail through Fort Belvoir, Virginia.

Subtitle F—Other Matters

Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to Arlington National Cemetery.

Sec. 2852. 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. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval Base, Hawaii.

Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania.

Sec. 2855. Naming of health facility, Fort Rucker, Alabama.

TITLE XXIX—WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

Subtitle A—Fiscal Year 2008 Projects

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

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

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

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

Sec. 2905. Termination of authority to carry out fiscal year 2008 Army projects.

Subtitle B—Fiscal Year 2009 Projects

Sec. 2911. Authorized Army construction and land acquisition projects.

Sec. 2912. Authorized Navy construction and land acquisition projects.

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. Modification of functions of Administrator for Nuclear Security to include elimination of surplus fissile materials usable for nuclear weapons.

Sec. 3112. Limitation on Funding for Project 04-D-125 Chemistry and Metallurgy Research Replacement facility project, Los Alamos National Laboratory, Los Alamos, New Mexico.

Sec. 3113. Nonproliferation and national security scholarship and fellowship program.

Sec. 3114. Enhancing nuclear forensics capabilities.

Sec. 3115. Utilization of contributions to International Nuclear Materials Protection and Cooperation program and Russian plutonium disposition program.

Sec. 3116. Review of and reports on Global Initiatives for Proliferation Prevention program.

Sec. 3117. Limitation on availability of funds for Global Nuclear Energy Partnership.

Subtitle C—Reports

Sec. 3121. Extension of deadline for Comptroller General report on Department of Energy protective force management.

Sec. 3122. Report on compliance with Design Basis Threat issued by the Department of Energy in 2005.

Sec. 3123. Modification of submittal of reports on inadvertent releases of restricted data.

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 and for other purposes.

Sec. 3507. Actions to address sexual harassment and violence at the United States Merchant Marine Academy.

Sec. 3508. Assistance for small shipyards and maritime communities.

Sec. 3509. Marine war risk insurance.

Sec. 3510. MarAd consultation on Jones Act Waivers.

Sec. 3511. Transportation in American vessels of government personnel and certain cargoes.

Sec. 3512. Port of Guam Improvement Enterprise Program.

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.

4.

Explanatory statement

The explanatory statement regarding S. 3001, the National Defense Authorization Act for Fiscal Year 2009, as amended by the House of Representatives, printed in the House section of the Congressional Record on or about September 30, 2008, by the Chairman of the Committee on Armed Services of the House, shall have the same effect with respect to the implementation of this Act as if it were a joint explanatory statement of a committee of conference.

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.

Subtitle B—Army Programs

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

Sec. 112. Clarification of status of Future Combat Systems program lead system integrator.

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.

Sec. 115. Stryker Mobile Gun System.

Subtitle C—Navy Programs

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

Sec. 122. Littoral Combat Ship (LCS) program.

Sec. 123. Report on F/A–18 procurement costs, comparing multiyear to annual.

Sec. 124. Authority for advanced procurement and construction of components for the Virginia-class submarine program.

Subtitle D—Air Force Programs

Sec. 131. Maintenance of retired KC–135E aircraft.

Sec. 132. Repeal of multi-year contract authority for procurement of tanker aircraft.

Sec. 133. Reports on KC–(X) tanker aircraft requirements.

Sec. 134. F-22A fighter aircraft.

Subtitle E—Joint and Multiservice Matters

Sec. 141. Annual long-term plan for the procurement of aircraft for the Navy and the Air Force.

Sec. 142. Report on body armor acquisition strategy.

Sec. 143. Small arms acquisition strategy and requirements review.

Sec. 144. Requirement for common ground stations and payloads for manned and unmanned aerial vehicle systems.

Sec. 145. 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, $4,848,835,000.

(2)

For missiles, $2,207,460,000.

(3)

For weapons and tracked combat vehicles, $3,516,398,000.

(4)

For ammunition, $2,280,791,000.

(5)

For other procurement, $11,143,076,000.

(6)

For the Joint Improvised Explosive Device Defeat Fund, $200,000,000.

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, $14,557,874,000.

(2)

For weapons, including missiles and torpedoes, $3,553,282,000.

(3)

For shipbuilding and conversion, $14,057,022,000.

(4)

For other procurement, $5,463,565,000.

(b)

Marine Corps

Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Marine Corps in the amount of $1,486,189,000.

(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 $1,110,012,000.

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, $12,826,858,000.

(2)

For ammunition, $894,478,000.

(3)

For missiles, $5,553,528,000.

(4)

For other procurement, $16,087,887,000.

104.

Defense-wide activities

Funds are hereby authorized to be appropriated for fiscal year 2009 for Defense-wide procurement in the amount of $3,382,628,000.

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.

B

Army Programs

111.

Separate procurement line items for Future Combat Systems program

Effective for the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2011 and for each fiscal year thereafter, the Secretary of Defense shall ensure that a separate, dedicated procurement line item is designated for each of the following elements of the Future Combat Systems program (in this section referred to as FCS), to the extent the budget 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.

Clarification of status of Future Combat Systems program lead system integrator

Section 802 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 206; 10 U.S.C. 2410p note) is amended by adding at the end the following new subsection:

(e)

Status of Future Combat Systems program lead system integrator

(1)

Lead systems integrator

In the case of the Future Combat Systems program, the prime contractor of the program shall be considered to be a lead systems integrator until 45 days after the Secretary of the Army certifies in writing to the congressional defense committees that such contractor is no longer serving as the lead systems integrator.

(2)

New contracts

In applying subsection (a)(1) or (a)(2), any modification to the existing contract for the Future Combat Systems program, for the purpose of entering into full-rate production of major systems or subsystems, shall be considered a new contract.

.

113.

Restriction on obligation of funds for Army tactical radio pending report

(a)

Report required

Not later than March 30, 2009, 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. The report shall include the following:

(1)

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

(2)

A detailed description of the combination of various tactical radio systems in use or planned for use 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 combination of various tactical radio systems in use or planned for use for Army support brigades, headquarters elements, and training units.

(4)

A description of the plan by the Army to integrate joint tactical radio systems, including the number of each type of joint tactical radio the Army plans to procure.

(5)

An assessment of the total cost of the tactical radio fielding strategy of the Army, including 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 Armed Reconnaissance Helicopter has—

(1)

satisfactorily been certified under section 2433(e)(2) of title 10, United States Code;

(2)

been restructured as an acquisition program by the Army;

(3)

satisfactorily completed a Limited User Test; and

(4)

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.

115.

Stryker Mobile Gun System

(a)

Limitation On Availability Of Funds

None of the amounts authorized to be appropriated by this Act for procurement of weapons and tracked combat vehicles for the Army may be obligated or expended for purposes of the procurement of the Stryker Mobile Gun System until the Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the congressional defense committees a written certification that the Under Secretary has approved a plan for the Army to mitigate all Stryker Mobile Gun System deficiencies.

(b)

Reports required

Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter until December 31, 2011, the Secretary of the Army, in consultation with the Director of Operational Test and Evaluation, shall submit to the congressional defense committees a report on the status of actions by the Army to mitigate all Stryker Mobile Gun System deficiencies. Each report shall include the following:

(1)

An explanation of the plan by the Army to mitigate all Stryker Mobile Gun System deficiencies.

(2)

The cost estimate for implementing each mitigating action, and the status of funding for each mitigating action.

(3)

An inventory of the Stryker Mobile Gun System vehicle fleet that specifies which mitigating actions have been implemented.

(4)

An updated production and fielding schedule for Stryker Mobile Gun System vehicles required by the Army but not yet fielded as of the date of the report.

(c)

Waiver authority

The Secretary of Defense may waive the limitation in subsection (a) if the Secretary—

(1)

determines that continued procurement of Stryker Mobile Gun System vehicles will provide a vital combat capability to the Armed Forces; and

(2)

submits to the congressional defense committees written notification of the waiver and a discussion of the reasons for the determination made under paragraph (1).

(d)

Stryker Mobile Gun System deficiencies Defined

In this section, the term Stryker Mobile Gun System deficiencies means deficiencies of the Stryker Mobile Gun System specified in the memorandum by the Department of Defense titled Stryker Mobile Gun System (MGS) Acquisition Decision Memorandum and dated August 5, 2008.

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.

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 further amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking post-2007 LCS vessels and inserting post-2009 LCS vessels; and

(B)

in paragraph (3)—

(i)

in the paragraph heading, by striking Post-2007 LCS vessels and inserting Post-2009 LCS vessels; and

(ii)

by striking ‘post-2007 LCS vessel’ and inserting ‘post-2009 LCS vessel’;

(2)

in subsection (b), by striking post-2007 LCS vessels and inserting post-2009 LCS vessels; and

(3)

in subsection (c), by striking post-2007 LCS vessels and inserting post-2009 LCS vessels.

123.

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 regarding whether Congress should authorize a multiyear procurement contract for those aircraft.

(b)

Certifications required

If the Secretary recommends under subsection (a)(6) that Congress authorize a multiyear procurement contract for the aircraft, the Secretary shall include in the report under subsection (a) the certifications required by section 2306b of title 10, United States Code, to enable the award of a multiyear contract beginning with fiscal year 2010.

124.

Authority for advanced procurement and construction of components for the Virginia-class submarine program

Section 121 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 26) is amended—

(1)

by redesignating subsection (b) as subsection (c); and

(2)

by inserting after subsection (a) the following new subsection (b):

(b)

Advance procurement and construction of components

The Secretary may enter into one or more contracts for advance procurement and advance construction of those components for the Virginia-class submarine program for which authorization to enter into a multiyear procurement contract is granted under subsection (a) if the Secretary determines that cost savings or construction efficiencies may be achieved for Virginia-class submarines through the use of such contracts.

.

D

Air Force Programs

131.

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 74 of the KC–135E aircraft retired.

132.

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.

133.

Reports on KC–(X) tanker aircraft requirements

(a)

Report Required

Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report regarding the competition for the KC-(X) tanker aircraft that was terminated on September 10, 2008. The report shall include the following:

(1)

An examination of original requirements for the KC–(X) tanker aircraft, including an explanation for the use of the KC–135R tanker aircraft as the baseline for the KC–(X) tanker aircraft.

(2)

A summary of commercial derivative or commercial off-the-shelf aircraft available as potential aerial refueling platforms using aerial refueling capabilities (such as range, offload at range, and passenger and cargo capacity) in each of the following ranges:

(A)

Maximum gross take-off weight that is less than 300,000 pounds.

(B)

Maximum gross take-off weight in the range from 301,000 pounds maximum gross take-off weight to 550,000 pound maximum gross take-off weight.

(C)

Maximum gross take-off weight in the range from 551,000 pounds maximum gross take-off weight to 1,000,000 pound maximum gross take-off weight.

(D)

Maximum gross take-off weight that is greater than 1,000,000 pounds.

(b)

Reassessment Required

The Secretary of Defense shall reassess the requirements for aerial refueling that were validated by the Joint Requirements Oversight Council on December 27, 2006. Not later than 30 days after the reassessment, the Secretary shall submit to the congressional defense committees a report containing the complete results of the reassessment.

134.

F-22A fighter aircraft

(a)

Availability of funds

Subject to subsection (b), of the amount authorized to be appropriated for procurement of aircraft for the Air Force, $523,000,000 shall be available for advance procurement of F-22A fighter aircraft.

(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 advance procurement, Air Force, for the F-22A, not more than $140,000,000 may be obligated until 15 days after the certification required by subsection (c) is received by the congressional defense committees.

(c)

Certification

(1)

In general

Of the amount referred to in subsection (a), $383,000,000 shall not be available until the President certifies to the congressional defense committees that—

(A)

the procurement of F-22A fighter aircraft is in the national interest of the United States; or

(B)

the termination of the production line for F-22A fighter aircraft is in the national interest of the United States.

(2)

Date of submittal

Any certification submitted under this subsection may not be submitted before January 21, 2009, and must be submitted not later than March 1, 2009.

E

Joint and Multiservice Matters

141.

Annual long-term plan for the procurement of aircraft for the Navy and the Air Force

(a)

In general

Chapter 9 of title 10, United States Code, is amended by inserting after section 231 the following new section:

231a.

Budgeting for procurement of aircraft for the Navy and Air Force: annual plan and certification

(a)

Annual aircraft procurement plan and certification

The Secretary of Defense shall include with the defense budget materials for each fiscal year—

(1)

a plan for the procurement of the aircraft specified in subsection (b) for the Department of the Navy and the Department of the Air Force developed in accordance with this section; and

(2)

a certification by the Secretary that both the budget for such fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 221 of this title provide for funding of the procurement of aircraft at a level that is sufficient for the procurement of the aircraft provided for in the plan under paragraph (1) on the schedule provided in the plan.

(b)

Covered aircraft

The aircraft specified in this subsection are the aircraft as follows:

(1)

Fighter aircraft.

(2)

Attack aircraft.

(3)

Bomber aircraft.

(4)

Strategic lift aircraft.

(5)

Intratheater lift aircraft.

(6)

Intelligence, surveillance, and reconnaissance aircraft.

(7)

Tanker aircraft.

(8)

Any other major support aircraft designated by the Secretary of Defense for purposes of this section.

(c)

Annual aircraft procurement plan

(1)

The annual aircraft procurement plan developed for a fiscal year for purposes of subsection (a)(1) should be designed so that the aviation force provided for under the plan is capable of supporting the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 404a), except that, if at the time the plan is submitted with the defense budget materials for that fiscal year, a national security strategy report required under such section 108 has not been submitted to Congress as required by paragraph (2) or paragraph (3), if applicable, of subsection (a) of such section, then the plan should be designed so that the aviation force provided for under the plan is capable of supporting the aviation force structure recommended in the report of the most recent Quadrennial Defense Review.

(2)

Each annual aircraft procurement plan shall include the following:

(A)

A detailed program for the procurement of the aircraft specified in subsection (b) for each of the Department of the Navy and the Department of the Air Force over the next 30 fiscal years.

(B)

A description of the necessary aviation force structure to meet the requirements of the national security strategy of the United States or the most recent Quadrennial Defense Review, whichever is applicable under paragraph (1).

(C)

The estimated levels of annual funding necessary to carry out the program, together with a discussion of the procurement strategies on which such estimated levels of annual funding are based.

(D)

An assessment by the Secretary of Defense of the extent to which the combined aircraft forces of the Department of the Navy and the Department of the Air Force meet the national security requirements of the United States.

(d)

Assessment when aircraft procurement budget is insufficient To meet applicable requirements

If the budget for a fiscal year provides for funding of the procurement of aircraft for either the Department of the Navy or the Department of the Air Force at a level that is not sufficient to sustain the aviation force structure specified in the aircraft procurement plan for such Department for that fiscal year under subsection (a), the Secretary shall include with the defense budget materials for that fiscal year an assessment that describes and discusses the risks associated with the reduced force structure of aircraft that will result from funding aircraft procurement at such level. Such assessment shall be coordinated in advance with the commanders of the combatant commands.

(e)

Definitions

In this section:

(1)

The term budget, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.

(2)

The term defense budget materials, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.

(3)

The term Quadrennial Defense Review means the review of the defense programs and policies of the United States that is carried out every 4 years under section 118 of this title.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 231 the following new item:

231a. Budgeting for procurement of aircraft for the Navy and Air Force: annual plan and certification.

.

142.

Report on body armor acquisition strategy

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 report that provides—

(1)

a survey and assessment of the capabilities, capacities, and risks of the domestic industrial base of the United States, including critical subcontractor suppliers, in meeting the requirements of the military departments for body armor during the 20 years following the date of the report;

(2)

an assessment of the long-term maintenance requirements of the body armor industrial base in the United States;

(3)

an assessment of body armor and related research, development, and acquisition objectives, priorities, and funding profiles for—

(A)

advances in the level of protection;

(B)

weight reduction; and

(C)

manufacturing productivity;

(4)

an assessment of the feasibility and advisability of establishing a separate, dedicated procurement line item for the acquisition of body armor and associated components for fiscal year 2011 and for each fiscal year thereafter;

(5)

an assessment of the feasibility and advisability of establishing an executive agent for the acquisition of body armor and associated components for the military departments beginning in fiscal year 2011; and

(6)

an assessment of existing initiatives used by the military departments to manage or execute body armor programs, including the Cross-Service Warfighter Equipment Board, the Joint Clothing and Textiles Governance Board, and advanced planning briefings for industry.

143.

Small arms acquisition strategy and requirements review

(a)

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 report on the small arms requirements of the Armed Forces and the industrial base of the United States. The report shall include the following:

(1)

An assessment of Department of Defense-wide small arms requirements in terms of capabilities and quantities, based on an analysis of the small arms capability assessments of each military department.

(2)

An assessment of plans for small arms research, development, and acquisition programs to meet the requirements identified under paragraph (1).

(3)

An assessment of capabilities, capacities, and risks in the small arms industrial base of the United States to meet the requirements of the Department of Defense for pistols, carbines, rifles, and light, medium, and heavy machine guns during the 20 years following the date of the report.

(4)

An assessment of the costs, benefits, and risks of full and open competition for the procurement of non-developmental pistols and carbines that are not technically compatible with the M9 pistol or M4 carbine to meet the requirements identified under paragraph (1).

(b)

Competition for a New Individual Weapon

(1)

Competition required

If the small arms capabilities based assessments by the Army identifies gaps in small arms capabilities and the Secretary of the Army determines that a new individual weapon is required to address such gaps, the Secretary shall procure the new individual weapon using full and open competition as described in paragraph (2).

(2)

Full and open competition

The full and open competition described in this paragraph is competition among all responsible manufacturers that—

(A)

is open to all developmental item solutions and non-developmental item solutions; and

(B)

provides for the award of a contract based on selection criteria that reflect the key performance parameters and attributes identified in a service requirements document approved by the Army.

(c)

Small Arms Defined

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.

144.

Requirement for common ground stations and payloads for manned and unmanned aerial vehicle systems

(a)

Policy and Acquisition Strategy Required

The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall establish a policy and an acquisition strategy for intelligence, surveillance, and reconnaissance payloads and ground stations for manned and unmanned aerial vehicle systems. The policy and acquisition strategy shall be applicable throughout the Department of Defense and shall 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 system architecture by vehicle class.

(3)

Common management of vehicle and payloads procurement.

(4)

Ground station interoperability standardization.

(5)

Maximum use of commercial standard hardware and interfaces.

(6)

Open architecture software.

(7)

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

(8)

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

(9)

Common standards for exchange of data and metadata.

(c)

Affected systems

For the purposes of this section, the Secretary shall establish manned and unmanned aerial vehicle classes for all intelligence, surveillance, and reconnaissance programs of record based on factors such as vehicle weight, payload capacity, and mission.

(d)

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).

145.

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. In addressing such requirements, the report shall include a plan based on the following:

(1)

Studies conducted by independent organizations concerning future jet carrier trainer requirements.

(2)

The results of a cost-benefit analysis comparing the creation of a new jet carrier trainer program with the modification of the current jet carrier trainer program in order to fulfill future jet carrier trainer requirements.

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.

Sec. 217. Requirement for plan on overhead nonimaging infrared systems.

Sec. 218. Advanced energy storage technology and manufacturing.

Sec. 219. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.

Sec. 220. Requirements for certain airborne intelligence collection systems.

Sec. 221. Limitation on obligation of funds for Enhanced AN/TPQ–36 radar system pending submission of report.

Subtitle C—Missile Defense Programs

Sec. 231. Annual Director of Operational Test and Evaluation characterization of operational effectiveness, suitability, and survivability of the ballistic missile defense system.

Sec. 232. Independent study of boost-phase missile defense.

Sec. 233. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe.

Sec. 234. Review of the ballistic missile defense policy and strategy of the United States.

Sec. 235. Airborne Laser System.

Sec. 236. Activation and deployment of AN/TPY–2 forward-based X-band radar.

Subtitle D—Reports

Sec. 241. Biennial reports on joint and service concept development and experimentation.

Sec. 242. Report on participation of the historically black colleges and universities and minority-serving institutions in research and educational programs and activities of the Department of Defense.

Sec. 243. Report on Department of Defense response to findings and recommendations of the Defense Science Board Task Force on Directed Energy Weapons.

Subtitle E—Other Matters

Sec. 251. Modification of systems subject to survivability testing oversight by the Director of Operational Test and evaluation.

Sec. 252. 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. 253. Assessment of technology transition programs and repeal of reporting requirement.

Sec. 254. Trusted defense systems.

Sec. 255. Capabilities-based assessment to outline a joint approach for future development of vertical lift aircraft and rotorcraft.

Sec. 256. Executive agent for printed circuit board technology.

Sec. 257. Review of conventional prompt global strike technology applications and concepts.

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, $10,943,840,000.

(2)

For the Navy, $19,345,603,000.

(3)

For the Air Force, $26,289,508,000.

(4)

For Defense-wide activities, $21,131,501,000, 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, $11,799,660,000 shall be available for the Defense Science and Technology Program, including basic research, applied research, and advanced technology development projects.

(b)

Basic research, applied research, and advanced technology development defined

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

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 new paragraphs:

(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 is likely to 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 is capable of withstanding 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 the cost estimate referred to in paragraph (9).

.

212.

Analysis of Future Combat Systems communications network and software

(a)

Report required

Not later than September 30, 2009, the Assistant Secretary of Defense for Networks and Information Integration shall submit to the congressional defense committees a report on the Future Combat Systems communications network and software. The report shall include the following:

(1)

An assessment of the vulnerability of the Future Combat Systems communications network and software to enemy network attack, in particular the effect 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 affect the performance of Future Combat Systems brigades and the survivability of Future Combat Systems manned ground vehicles.

(6)

An assessment, developed in coordination with the Director of Operational Test and Evaluation, of the adequacy of the Future Combat Systems communications network testing schedule.

(7)

An assessment, developed in coordination with the Director of Operational Test and Evaluation, of the synchronization of the funding, schedule, and technology maturity of the Warfighter Information Network-Tactical and Joint Tactical Radio System programs in relation to the Future Combat Systems program, including any planned Future Combat Systems spin outs.

(b)

Form

The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

213.

Future Combat Systems manned ground vehicle Selected Acquisition Reports

(a)

Report required

Not later than February 15 of each of the years 2009 through 2015, the Secretary of the Army shall submit a Selected Acquisition Report under section 2432 of title 10, United States Code, to Congress for each Future Combat Systems manned ground vehicle variant.

(b)

Required elements

Each report required by subsection (a) shall include the same information required in comprehensive annual Selected Acquisition Reports under section 2432(c) of title 10, United States Code.

(c)

Definition

In this section, the term manned ground vehicle variant means—

(1)

the eight distinct variants of manned ground vehicles designated on pages seven and eight of the Future Combat Systems Selected Acquisition Report of the Department of Defense dated December 31, 2007; and

(2)

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 annual budget submission of the Department of Defense 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

Not later than five days after the completion of all actions described in subsection (b), the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees notice in writing of such completion.

(b)

Covered actions

An action described in this subsection is any of the following:

(1)

Approval by the Under Secretary of a new acquisition program baseline for the Warfighter Information Network–Tactical Increment 3 program (in this section referred to as the 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.

(c)

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 50 percent of those amounts may be obligated or expended until 15 days after the date on which 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

(a)

Limitation

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 or the Air Force, the Secretary of the Army and the Secretary of the Air Force may fund relevant expenditures for the Joint Cargo Aircraft only through amounts made available for procurement or for research, development, test, and evaluation.

(b)

Relevant Expenditures for the Joint Cargo Aircraft Defined

In this section, the term relevant expenditures for the Joint Cargo Aircraft means expenditures relating to—

(1)

support equipment;

(2)

initial spares;

(3)

training simulators;

(4)

systems engineering and management; and

(5)

post-production modifications.

217.

Requirement for plan on overhead nonimaging infrared systems

(a)

In general

The Secretary of Defense, in consultation with the Director of National Intelligence, shall develop a comprehensive plan to conduct and support research, development, and demonstration of technologies that could evolve into the next generation of overhead nonimaging infrared systems.

(b)

Elements

The plan required by subsection (a) shall include the following:

(1)

The research objectives to be achieved under the plan.

(2)

A description of the research, development, and demonstration activities under the plan.

(3)

An estimate of the duration of the research, development, and demonstration of technologies under the plan.

(4)

The cost and duration of any flight or on-orbit demonstrations of the technologies being developed.

(5)

A plan for implementing any acquisition programs with respect to technologies determined to be successful under the plan.

(6)

An identification of the date by which a decision must be made to begin any follow-on programs and a justification for the date identified.

(7)

A schedule for completion of a full analysis of the on-orbit performance characteristics of the Space-Based Infrared System and the Space Tracking and Surveillance System, and an assessment of how the performance characteristics of such systems will inform the decision to proceed to a next generation overhead nonimaging infrared system.

(c)

Limitation on obligation and expenditure of funds for Third Generation Infrared Surveillance program

Not more than 50 percent of the amounts authorized to be appropriated for fiscal year 2009 by section 201(3) for research, development, test, and evaluation for the Air Force and available for the Third Generation Infrared Surveillance program may be obligated or expended until the date that is 30 days after the date on which the Secretary submits to Congress the plan required by subsection (a).

218.

Advanced energy storage technology and manufacturing

(a)

Roadmap required

The Secretary of Defense, acting through the Director of Defense Research and Engineering, the Deputy Under Secretary of Defense for Industrial Policy, and service acquisition executives, shall, in coordination with the Secretary of Energy, develop a multi-year roadmap to develop advanced energy storage technologies and sustain domestic advanced energy storage technology manufacturing capabilities and an assured supply chain necessary to ensure that the Department of Defense has assured access to advanced energy storage technologies to support current military requirements and emerging military needs.

(b)

Elements

The roadmap required by subsection (a) shall include, but not be limited to, the following:

(1)

An identification of current and future capability gaps, performance enhancements, cost savings goals, and assured technology access goals that require advances in energy storage technology and manufacturing capabilities.

(2)

Specific research, technology, and manufacturing goals and milestones, and timelines and estimates of funding necessary for achieving such goals and milestones.

(3)

A summary of applications for energy storage technologies by the Department of Defense and, for each type of application, an assessment of the demand for such technologies, in terms of quantity and military need.

(4)

Specific mechanisms for coordinating the activities of Federal agencies, State and local governments, coalition partners, private industry, and academia covered by the roadmap.

(5)

Such other matters as the Secretary of Defense and the Secretary of Energy consider appropriate for purposes of the roadmap.

(c)

Coordination

(1)

In general

The roadmap required by subsection (a) shall be developed in coordination with the military departments, appropriate Defense Agencies and other elements and organizations of the Department of Defense, other appropriate Federal, State, and local government organizations, and appropriate representatives of private industry and academia.

(2)

Department of defense support

The Secretary of Defense shall ensure that appropriate elements and organizations of the Department of Defense provide such information and other support as is required for the development of the roadmap.

(d)

Submittal to Congress

The Secretary of Defense shall submit to the congressional defense committees the roadmap required by subsection (a) not later than one year after the date of the enactment of this Act.

(e)

Advanced energy storage technology initiative investment summary

Not later than 6 months after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the expenditures for energy storage technologies within the Department of Defense, Defense Agencies, and military departments, for fiscal years 2008 and 2009 and the projected expenditures for such technologies for fiscal year 2010.

219.

Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions

(a)

Mechanisms to provide funds

(1)

In general

The Secretary of Defense, in consultation with the Secretaries of the military departments, shall establish mechanisms under which the director of a defense laboratory may use an amount of funds equal to not more than three percent of all funds available to the defense laboratory for the following purposes:

(A)

To fund innovative basic and applied research that is conducted at the defense laboratory and supports military missions.

(B)

To fund development programs that support the transition of technologies developed by the defense laboratory into operational use.

(C)

To fund workforce development activities that improve the capacity of the defense laboratory to recruit and retain personnel with needed scientific and engineering expertise.

(2)

Consultation required

The mechanisms established under paragraph (1) shall provide that funding shall be used under paragraph (1) at the discretion of the director of a defense laboratory in consultation with the science and technology executive of the military department concerned.

(b)

Annual report on use of authority

(1)

In general

Not later than March 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under subsection (a) during the preceding year.

(2)

Elements

Each report under paragraph (1) shall include, with respect to the year covered by such report, the following:

(A)

A description of the mechanisms used to provide funding under subsection (a)(1).

(B)

A statement of the amount of funding made available to each defense laboratory for research described under such subsection.

(C)

A description of the investments made by each defense laboratory using funds under such subsection.

(D)

A description and assessment of any improvements in the performance of the defense laboratories as a result of investments under such subsection.

(E)

A description and assessment of the contributions to the development of needed military capabilities provided by research using funds under such subsection.

(F)

A description of any modification to the mechanisms under subsection (a) that would improve the efficacy of the authority under such subsection to support military missions.

(c)

Sunset

The authority under subsection (a) shall expire on October 1, 2013.

220.

Requirements for certain airborne intelligence collection systems

(a)

In general

Except as provided pursuant to subsection (b), effective as of October 1, 2012, each airborne intelligence collection system of the Department of Defense that is connected to the Distributed Common Ground/Surface System shall have the capability to operate with the Network-Centric Collaborative Targeting System.

(b)

Exceptions

The requirement in subsection (a) with respect to a particular airborne intelligence collection system may be waived by the Chairman of the Joint Requirements Oversight Council under section 181 of title 10, United States Code. Waivers under this subsection shall be made on a case-by-case basis.

221.

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.

C

Missile Defense Programs

231.

Annual Director of Operational Test and Evaluation characterization of operational effectiveness, suitability, and survivability of the ballistic missile defense system

(a)

Annual characterization

Section 232(h) of the National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amended—

(1)

by redesignating paragraph (2) as paragraph (3);

(2)

by inserting after paragraph (1) the following new paragraph (2):

(2)

The Director of Operational Test and Evaluation shall also each year characterize the operational effectiveness, suitability, and survivability of the ballistic missile defense system, and its elements, that have been fielded or tested before the end of the preceding fiscal year.

; and

(3)

in paragraph (3), as redesignated by paragraph (1) of this subsection, by inserting and the characterization under paragraph (2) after the assessment under paragraph (1).

(b)

Conforming amendment

The heading of such section is amended to read as follows: Annual OT&E assessment and characterization of certain ballistic missile defense matters.—.

(c)

Effective date

The amendments made by this section shall take effect on October 1, 2008, and shall apply with respect to fiscal years beginning on or after that date.

232.

Independent study of boost-phase missile defense

(a)

Study

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with the National Academy of Sciences to conduct an independent study of concepts and systems for boost-phase missile defense.

(b)

Elements

(1)

Content

The study required by subsection (a) shall address the following:

(A)

The extent to which boost-phase missile defense is technically feasible and practical.

(B)

Whether any demonstration efforts by the Department of Defense of boost-phase missile defense technology existing as of the date of the study (including the Airborne Laser and the Kinetic Energy Interceptor) have a high probability of performing a boost-phase missile defense mission in an operationally effective, suitable, and survivable manner.

(2)

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-based and sea-based options).

(C)

Other existing boost-phase technology demonstration programs.

(3)

Factors to be evaluated

The study shall evaluate each system identified in paragraph (2) based on the following factors:

(A)

Technical capability of the system against scenarios identified in paragraph (4).

(B)

Operational issues, including operational effectiveness.

(C)

The results of key milestone tests conducted prior to preparation of the report under subsection (c).

(D)

Survivability.

(E)

Suitability.

(F)

Concept of operations, including basing considerations.

(G)

Operations and maintenance support.

(H)

Command and control considerations, including timelines for detection, decision-making, and engagement.

(I)

Shortfall from intercepts.

(J)

Force structure requirements.

(K)

Effectiveness against countermeasures.

(L)

Estimated cost of sustaining the system in the field.

(M)

Reliability, availability, and maintainability.

(N)

Geographic considerations, including limitations on the ability to deploy systems within operational range of potential targets.

(O)

Cost and cost-effectiveness, including total lifecycle cost estimates.

(4)

Scenarios to be assessed

The study shall include an assessment of each system identified in paragraph (2) regarding the performance and operational capabilities of the system—

(A)

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

(B)

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

(5)

Comparison with non-boost systems

The study shall include an assessment of the performance and operational capabilities of non-boost missile defense systems to counter the scenarios identified in paragraph (4). The results under this paragraph shall be compared to the results under paragraph (4). For purposes of this paragraph, non-boost missile defense systems include—

(A)

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

(B)

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

(C)

the Terminal High Altitude Area Defense system; and

(D)

the Ground-based Midcourse Defense system.

(c)

Report

(1)

In general

Upon the completion of the study required by subsection (a), but not later than October 31, 2010, the National Academy of Sciences shall submit to the Secretary of Defense and the congressional defense committees a report on the study. The report shall include such recommendations regarding the future direction of the boost-phase ballistic missile defense programs of the United States as the Academy considers appropriate.

(2)

Form

The report under paragraph (1) shall be submitted to the congressional defense committees in unclassified form, but may include a classified annex.

(d)

Funding

Of the funds appropriated pursuant to the authorization of appropriations in section 201(4) for research, development, test, and evaluation, Defense-wide, and available for the Missile Defense Agency, $3,500,000 may be available to conduct the study required by subsection (a).

(e)

Cooperation From Government

In carrying out the study, the National Academy of Sciences shall receive the full and timely cooperation of the Secretary of Defense and any other Federal Government official in providing the Academy with analyses, briefings, and other information necessary for the fulfillment of its responsibilities.

233.

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)

In the case of the proposed midcourse radar element of such missile defense system, the host nation has signed and ratified the missile defense basing agreement and status of forces agreement that allow for the stationing in such nation of the radar and personnel to carry out the proposed deployment.

(2)

In the case of the proposed long-range missile defense interceptor site element of such missile defense system—

(A)

the condition in paragraph (1) has been met; and

(B)

the host nation has signed and ratified the missile defense basing agreement and status of forces agreement that allow for the stationing in such nation of the interceptor site and personnel to carry out the proposed deployment.

(3)

In the case of either element of such missile defense system described in paragraph (1) or (2), 45 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; 122 Stat. 42).

(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 (other than initial long-lead procurement) or deployment of operational missiles of a long-range missile defense system in Europe until the Secretary of Defense, after receiving the views of the Director of Operational Test and Evaluation, submits to 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.

234.

Review of the ballistic missile defense policy and strategy of the United States

(a)

Review required

The Secretary of Defense shall conduct a review of the ballistic missile defense policy and strategy of the United States.

(b)

Elements

The matters addressed by the review required by subsection (a) shall include the following:

(1)

The ballistic missile defense policy of the United States in relation to the overall national security policy of the United States.

(2)

The ballistic missile defense strategy and objectives of the United States in relation to the national security strategy of the United States and the military strategy of the United States.

(3)

The ballistic missile threat to the United States, deployed forces of the United States, and friends and allies of the United States from short, medium, intermediate, and long-range ballistic missile threats.

(4)

The organization, discharge, and oversight of acquisition for the ballistic missile defense programs of the United States.

(5)

The roles and responsibilities of the Office of the Secretary of Defense, defense agencies, combatant commands, the Joint Chiefs of Staff, and the military departments in such programs.

(6)

The process for determining requirements for missile defense capabilities under such programs, including input from the joint military requirements process.

(7)

The process for determining the force structure and inventory objectives for such programs.

(8)

Standards for the military utility, operational effectiveness, suitability, and survivability of the ballistic missile defense systems of the United States.

(9)

The method in which resources for the ballistic missile defense mission are planned, programmed, and budgeted within the Department of Defense.

(10)

The near-term and long-term affordability and cost-effectiveness of such programs.

(11)

The objectives, requirements, and standards for test and evaluation with respect to such programs.

(12)

Accountability, transparency, and oversight with respect to such programs.

(13)

The role of international cooperation on missile defense in the ballistic missile defense policy and strategy of the United States.

(14)

Any other matters the Secretary determines relevant.

(c)

Report

(1)

In general

Not later than January 31, 2010, the Secretary shall submit to Congress a report setting forth the results of the review required by subsection (a).

(2)

Form

The report required by this subsection shall be in unclassified form, but may include a classified annex.

235.

Airborne Laser System

(a)

Report on Director of operational test and evaluation assessment of testing

Not later than January 15, 2010, the Director of Operational Test and Evaluation shall—

(1)

review and evaluate the testing conducted on the first Airborne Laser System aircraft, including the planned shoot-down demonstration testing; and

(2)

submit to the Secretary of Defense and to Congress an assessment by the Director of the operational effectiveness, suitability, and survivability of the Airborne Laser System.

(b)

Limitation on availability of funds for later Airborne Laser system aircraft

No funds appropriated pursuant to an authorization of appropriations or otherwise made available for the Department of Defense may be obligated or expended for the procurement of a second or subsequent aircraft for the Airborne Laser System program until the later of the following dates:

(1)

The date on which the Secretary of Defense, after receiving the assessment under subsection (a)(2), submits to Congress a certification that the Airborne Laser System has demonstrated, through successful testing and operational and cost analysis, a high probability of being operationally effective, suitable, survivable, and affordable.

(2)

The date that is 60 days after the date on which Congress receives the independent assessment of boost-phase missile defense required by section 232.

236.

Activation and deployment of AN/TPY–2 forward-based X-band radar

(a)

Availability of funds

Subject to subsection (b), of the amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defense-wide activities, up to $89,000,000 may be available for Ballistic Missile Defense Sensors for the activation and deployment of the AN/TPY–2 forward-based X-band radar to a classified location.

(b)

Limitation

(1)

In general

Funds may not be available under subsection (a) for the purpose specified in that subsection until the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the deployment of the AN/TPY–2 forward-based X-band radar as described in that subsection, including:

(A)

The location of deployment of the radar.

(B)

A description of the operational parameters of the deployment of the radar, including planning for force protection.

(C)

A description of any recurring and non-recurring expenses associated with the deployment of the radar.

(D)

A description of the cost-sharing arrangements between the United States and the country in which the radar will be deployed regarding the expenses described in subparagraph (C).

(E)

A description of the other terms and conditions of the agreement between the United States and such country regarding the deployment of the radar.

(2)

Form

The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

D

Reports

241.

Biennial reports on joint and service concept development and experimentation

(a)

In general

Section 485 of title 10, United States Code, is amended to read as follows:

485.

Joint and service concept development and experimentation

(a)

Biennial reports required

Not later than January 1 of each even numbered-year, the Secretary of Defense or the Secretary's designee shall submit to the congressional defense committees a report on the conduct and outcomes of joint and service concept development and experimentation.

(b)

Matters To be included

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

(1)

A description of any changes since the latest report submitted under this section to each of the following:

(A)

The organization of the Department of Defense responsible for executing the mission of joint concept development and experimentation, or its specific authorities related to that mission.

(B)

The process for tasking forces (including forces designated as joint experimentation forces) to participate in joint concept development and experimentation, and the specific authority of the organization responsible for executing the mission of joint concept development and experimentation over those forces.

(C)

The resources provided for initial implementation of joint concept development and experimentation, the process for providing such resources to the organization responsible for executing the mission of joint concept development and experimentation, the categories of funding for joint concept development and experimentation, and the authority of the organization responsible for executing the mission of joint concept development and experimentation for budget execution for such activities.

(D)

The assigned role of the organization responsible for executing the mission of joint concept development and experimentation for—

(i)

integrating and testing in joint concept development and experimentation the systems that emerge from warfighting experimentation by the armed forces and the Defense Agencies;

(ii)

assessing the effectiveness of organizational structures, operational concepts, and technologies relating to joint concept development and experimentation; and

(iii)

assisting the Secretary of Defense and the Chairman of the Joint Chiefs of Staff in setting priorities for requirements or acquisition programs in light of joint concept development and experimentation.

(2)

A description of the conduct of joint concept development and experimentation activities, and of concept development and experimentation activities of each of the military departments, during the two-year period ending on the date of such report, including—

(A)

the funding involved;

(B)

the number of activities engaged in;

(C)

the forces involved;

(D)

the national and homeland security challenges addressed;

(E)

the operational concepts assessed;

(F)

the technologies assessed;

(G)

the scenarios and measures of effectiveness utilized; and

(H)

specific interactions under such activities with the commanders of the combatant commands and with other organizations and entities inside and outside the Department.

(3)

A description of the conduct of joint concept development and experimentation, and of the conduct of concept development and experimentation by each of the military departments, during the two-year period ending on the date of such report with respect to the development of warfighting concepts for operational scenarios more than 10 years in the future, including—

(A)

the funding involved;

(B)

the number of activities engaged in;

(C)

the forces involved;

(D)

the challenges addressed;

(E)

the operational concepts assessed;

(F)

the technologies assessed;

(G)

the scenarios and measures of effectiveness utilized; and

(H)

specific interactions with the commanders of the combatant commands and with other organizations and entities inside and outside the Department.

(4)

A description of the mechanisms used to coordinate joint, service, interagency, Coalition, and other appropriate concept development and experimentation activities.

(5)

An assessment of the return on investment in concept development and experimentation activities, including a description of the following:

(A)

Specific outcomes and impacts within the Department of the results of past joint and service concept development and experimentation in terms of new doctrine, operational concepts, organization, training, materiel, leadership, personnel, or the allocation of resources, or in activities that terminated support for legacy concepts, programs, or systems.

(B)

Specific actions taken to implement the recommendations of the Commander of United States Joint Forces Command based on joint concept development and experimentation activities.

(6)

Such recommendations (based primarily on the results of joint and service concept development and experimentation) as the Secretary considers appropriate for enhancing the development of joint warfighting capabilities by modifying activities throughout the Department relating to—

(A)

the development or acquisition of specific advanced technologies, systems, or weapons or systems platforms;

(B)

key systems attributes and key performance parameters for the development or acquisition of advanced technologies and systems;

(C)

joint or service doctrine, organization, training, materiel, leadership development, personnel, or facilities;

(D)

the reduction or elimination of redundant equipment and forces, including the synchronization of the development and fielding of advanced technologies among the armed forces to enable the development and execution of joint operational concepts; and

(E)

the development or modification of initial capabilities documents, operational requirements, and relative priorities for acquisition programs to meet joint requirements.

(7)

With respect to improving the effectiveness of joint concept development and experimentation capabilities, such recommendations (based primarily on the results of joint warfighting experimentation) as the Secretary considers appropriate regarding—

(A)

the conduct of, adequacy of resources for, or development of technologies to support such capabilities; and

(B)

changes in support from other elements of the Department responsible for concept development and experimentation by joint or service organizations.

(8)

The coordination of the concept development and experimentation activities of the Commander of the United States Joint Forces Command with the activities of the Commander of the North Atlantic Treaty Organization Supreme Allied Command Transformation.

(9)

Any other matters that the Secretary consider appropriate.

(c)

Coordination and support

The Secretary of Defense shall ensure that the Secretaries of the military departments and the heads of other appropriate elements of the Department of Defense provide such information and support as is required for the preparation of the reports required by this section.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 485 and inserting the following new item:

485. Joint and service concept development and experimentation.

.

242.

Report on participation of the historically black colleges and universities and minority-serving institutions in research and educational programs and activities of the Department of Defense

(a)

In general

The Secretary of Defense shall carry out an independent assessment of the participation of covered educational institutions in research and educational programs and activities of the Department of Defense.

(b)

Report

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 a report on the assessment required under subsection (a).

(c)

Matters Included

The report required under subsection (b) shall include the following:

(1)

A description of research, training, technical assistance, infrastructure support, and educational programs and activities conducted by the Department of Defense in support of covered educational institutions.

(2)

A survey of the level of participation of covered educational institutions in programs described in paragraph (1), and lessons learned from the survey.

(3)

An assessment of the relevance, including outcomes and effects, of the programs and activities identified in paragraph (1) to the research and educational programs, activities, and missions of the Department of Defense.

(4)

An assessment of additional activities by the Department of Defense that support covered educational institutions whose primary focus is the training and educating of minority scientists, engineers, and technicians.

(5)

An assessment of barriers to the participation of covered educational institutions in the research and educational programs and activities of the Department of Defense.

(6)

Recommendations to increase the capacity of covered educational institutions to participate in research and educational programs and activities that are critical to the national security functions of the Department of Defense.

(7)

Any other matters the Secretary of Defense considers appropriate.

(d)

Cooperation of defense organizations

The Secretary of Defense shall ensure that the relevant elements of the Department of Defense provide all information necessary for the completion of the assessment required under subsection (a).

(e)

Definitions

In this section:

(1)

The term covered educational institutions means—

(A)

a historically Black college or university that is a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2));

(B)

a minority institution, as defined in section 365(3) of that Act (20 U.S.C. 1067k(3));

(C)

a Hispanic-serving institution, as defined in section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5));

(D)

a Tribal College or University, as defined in section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3)); and

(E)

other minority postsecondary institutions.

(2)

The term research and educational programs and activities includes programs and activities relating to research, development, test, and evaluation and education.

243.

Report on Department of Defense response to findings and recommendations of the Defense Science Board Task Force on Directed Energy Weapons

(a)

Report required

Not later than January 1, 2010, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of the recommendations of the Defense Science Board Task Force on Directed Energy Weapons.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

An analysis of each of the findings and recommendations of the Defense Science Board Task Force on Directed Energy Weapons.

(2)

A detailed description of the response of the Department of Defense to each finding and recommendation of the Task Force, including—

(A)

for each recommendation that is being implemented or that the Secretary plans to implement—

(i)

a summary of actions that have been taken to implement such recommendation; and

(ii)

a schedule, with specific milestones, for completing the implementation of such recommendation; and

(B)

for each recommendation that the Secretary does not plan to implement—

(i)

the reasons for the decision not to implement such recommendation; and

(ii)

a summary of the alternative actions the Secretary plans to take to address the purposes underlying such recommendation.

(3)

A summary of any additional actions the Secretary plans to take to address concerns raised by the Task Force.

E

Other Matters

251.

Modification of systems subject to survivability testing oversight by the Director of Operational Test and evaluation

(a)

Authority To designate additional systems as major systems and programs subject to testing

Section 2366(e)(1) of title 10, United States Code, is amended to read as follows:

(1)

The term covered system means—

(A)

a vehicle, weapon platform, or conventional weapon system that—

(i)

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

(ii)

is a major system as defined in section 2302(5) of this title; or

(B)

any other system or program designated by the Secretary of Defense for purposes of this section.

.

(b)

Revision to Report Requirement

Section 2366(d) of such title is amended—

(1)

by inserting (1) before At the conclusion; and

(2)

by adding at the end the following new paragraph:

(2)

If a decision is made within the Department of Defense to proceed to operational use of a system, or to make procurement funds available for a system, before Milestone C approval of that system, the Secretary of Defense shall submit to the congressional defense committees, as soon as practicable after such decision, the following:

(A)

A report describing the status of survivability and live fire testing of that system.

(B)

The report required under paragraph (1).

.

(c)

Force protection equipment

Section 139(b) of such title is amended—

(1)

by striking paragraph (3); and

(2)

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

252.

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

Section 1635 of the Wounded Warrior Act (title XVI of 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 new subparagraphs:

(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 departments are making toward, ensuring interoperable and secure healthcare information systems and electronic healthcare records.

; and

(2)

by adding at the end the following new subsection:

(j)

Technology-neutral guidelines and standards

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 departments to effectively select and utilize information technologies to meet the requirements of this section.

.

253.

Assessment of technology transition programs and repeal of reporting requirement

(a)

Assessment and Report Required

(1)

In general

The Under Secretary of Defense for Acquisition, Technology, and Logistics shall assess the feasibility of consolidating the various technology transition programs in the Department of Defense into a unified effort managed by a senior official of the Department.

(2)

Programs included

The assessment required by paragraph (1) shall include—

(A)

the technology transition programs managed or overseen by the Secretary of Defense; and

(B)

as the Under Secretary considers appropriate, the technology transition programs of the military departments.

(3)

Report

Not later than October 1, 2009, the Under Secretary shall submit to the congressional defense committees a report on the assessment required by paragraph (1). The report shall include the following:

(A)

A description of each of the technology transition programs considered as part of the assessment.

(B)

An evaluation of the extent to which each technology transition program fulfills its intended mission and supports effective and efficient technology transition.

(C)

For each technology transition program considered in the assessment, a summary of the funding available for the five fiscal years preceding the date on which the report is submitted.

(D)

The conclusion of the Under Secretary as to whether there are any benefits in consolidating the technology transition programs into a unified effort managed by a senior official of the Department of Defense.

(E)

Recommendations to add, repeal, or amend statutes or regulations in order to more effectively enable technology transition.

(F)

Recommendations regarding the appropriate management structure, fiscal controls, and stakeholder engagement required to ensure that a unified technology transition program will cost-effectively and efficiently enable technology transition.

(b)

Reporting requirement repealed

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

(1)

by striking subsection (h); and

(2)

by redesignating subsection (i) as subsection (h).

254.

Trusted defense systems

(a)

Vulnerability Assessment Required

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

(1)

identify vulnerabilities at multiple levels of the electronics and information processing systems of the selected programs, including microcircuits, software, and firmware;

(2)

prioritize the potential vulnerabilities and effects 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 of managing supply chain risk for covered acquisition programs; and

(4)

identify the appropriate lead person, and supporting elements, within the Department of Defense for the development of an integrated strategy for managing risk in the supply chain for covered acquisition programs.

(b)

Assessment of methods for verifying the trust of semiconductors procured from commercial sources

The Under Secretary of Defense for Acquisition, Technology, and Logistics, in consultation with appropriate elements of the Department of Defense, the intelligence community, private industry, and academia, shall conduct an assessment of various methods of verifying the trust of semiconductors procured by the Department of Defense from commercial sources for use in mission-critical components of potentially vulnerable defense systems. The assessment shall include the following:

(1)

An identification of various methods of verifying the trust of semiconductors, including methods under development at the Defense Agencies, government laboratories, institutions of higher education, and in the private sector.

(2)

A determination of the methods identified under paragraph (1) that are most suitable for the Department of Defense.

(3)

An assessment of the additional research and technology development needed to develop methods of verifying the trust of semiconductors that meet the needs of the Department of Defense.

(4)

Any other matters that the Under Secretary considers appropriate.

(c)

Strategy Required

(1)

In general

The lead person identified under subsection (a)(4), in cooperation with the supporting elements also identified under such subsection, shall develop an integrated strategy—

(A)

for managing risk—

(i)

in the supply chain of electronics and information processing systems for covered acquisition programs; and

(ii)

in the procurement of semiconductors; and

(B)

that ensures dependable, continuous, long-term access and trust for all mission-critical semiconductors procured from both foreign and domestic sources.

(2)

Requirements

At a minimum, the strategy shall—

(A)

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

(B)

reflect the priorities identified by such assessment;

(C)

provide guidance for the planning, programming, budgeting, and execution process in order to ensure that covered acquisition programs have the necessary resources to implement all appropriate elements of the strategy;

(D)

promote the use of verification tools, as appropriate, for ensuring trust of commercially acquired systems;

(E)

increase use of trusted foundry services, as appropriate; and

(F)

ensure sufficient oversight in implementation of the plan.

(d)

Policies and Actions for Assuring Trust in Integrated Circuits

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1)

develop policy requiring that trust assurance be a high priority for covered acquisition programs in all phases of the electronic component supply chain and integrated circuit development and production process, including design and design tools, fabrication of the semiconductors, packaging, final assembly, and test;

(2)

develop policy requiring that programs whose electronics and information systems are determined to be vital to operational readiness or mission effectiveness are to employ trusted foundry services to fabricate their custom designed integrated circuits, unless the Secretary specifically authorizes otherwise;

(3)

incorporate the strategies and policies of the Department of Defense regarding development and use of trusted integrated circuits into all relevant Department directives and instructions related to the acquisition of integrated circuits and programs that use such circuits; and

(4)

take actions to promote the use and development of tools that verify the trust in all phases of the integrated circuit development and production process of mission-critical parts acquired from non-trusted sources.

(e)

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 assessments required by subsections (a) and (b);

(2)

the strategy required by subsection (c); and

(3)

a description of the policies developed and actions taken under subsection (d).

(f)

Definitions

In this section:

(1)

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

(2)

The terms trust and trusted refer, with respect to electronic and information processing systems, to the ability of the Department of Defense to have confidence that the systems function as intended and are free of exploitable vulnerabilities, either intentionally or unintentionally designed or inserted as part of the system at any time during its life cycle.

(3)

The term trusted foundry services means the program of the National Security Agency and the Department of Defense, or any similar program approved by the Secretary of Defense, for the development and manufacture of integrated circuits for critical defense systems in secure industrial environments.

255.

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 Armed Forces. The assessment shall—

(1)

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

(2)

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

(3)

include the development of a strategic plan that—

(A)

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

(B)

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

(C)

emphasizes the development of common service requirements.

(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 plan and the identification of resources referred to in subsection (a)(2);

(3)

the strategic plan 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 Office.

256.

Executive agent for printed circuit board technology

(a)

Executive Agent

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior official of the Department of Defense to act as the executive agent for printed circuit board technology.

(b)

Roles, Responsibilities, and Authorities

(1)

Establishment

Not later than one year after the date of the enactment of this Act, and in accordance with Directive 5101.1, the Secretary of Defense shall prescribe the roles, responsibilities, and authorities of the executive agent designated under subsection (a).

(2)

Specification

The roles and responsibilities of the executive agent designated under subsection (a) shall include each of the following:

(A)

Development and maintenance of a printed circuit board and interconnect technology roadmap that ensures that the Department of Defense has access to the manufacturing capabilities and technical expertise necessary to meet future military requirements regarding such technology.

(B)

Development of recommended funding strategies necessary to meet the requirements of the roadmap developed under subparagraph (A).

(C)

Assessment of the vulnerabilities, trustworthiness, and diversity of the printed circuit board supply chain, including the development of trustworthiness requirements for printed circuit boards used in defense systems, and to develop strategies to address matters that are identified as a result of such assessment.

(D)

Such other roles and responsibilities as the Secretary of Defense considers appropriate.

(c)

Support within Department of Defense

In accordance with Directive 5101.1, the Secretary of Defense shall ensure that the military departments, Defense Agencies, and other components of the Department of Defense provide the executive agent designated under subsection (a) with the appropriate support and resources needed to perform the roles, responsibilities, and authorities of the executive agent.

(d)

Definitions

In this section:

(1)

The term Directive 5101.1 means Department of Defense Directive 5101.1, or any successor directive relating to the responsibilities of an executive agent of the Department of Defense.

(2)

The term executive agent has the meaning given the term DoD Executive Agent in Directive 5101.1.

257.

Review of conventional prompt global strike technology applications and concepts

(a)

Availability of funds for prompt global strike capability development

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, those activities for which funds are authorized to be appropriated in this Act, or those activities otherwise expressly authorized by Congress.

(b)

Report on technology applications

Not later than April 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report that contains—

(1)

a description of the technology applications developed pursuant to conventional prompt global strike activities during fiscal year 2009; and

(2)

for each such technology application, the conventional prompt global strike concept towards which the application could be applied.

(c)

Review of conventional prompt global strike concepts

The Secretary of Defense shall, in consultation with the Secretary of State, conduct a review of each nonnuclear prompt global strike concept with respect to which the President requests funding in the budget of the President for fiscal year 2010 (as submitted to Congress pursuant to section 1105 of title 31, United States Code).

(d)

Elements of review

The review required by subsection (c) shall include, for each concept described in that subsection, the following:

(1)

The full cost of demonstrating such concept.

(2)

An assessment of any policy, legal, or treaty-related issues that could arise during the course of, or as a result of, deployment of each concept and recommendations to address such issues.

(3)

The extent to which the concept could be misconstrued as a nuclear weapon or delivery system and recommendations to mitigate the risk of such a misconstrual.

(4)

An assessment of the potential basing and deployment options for the concept.

(5)

A description of the types of targets against which the concept might be used.

(6)

An assessment of the adequacy of the intelligence that would be needed to support an attack involving the concept.

(e)

Report on conventional prompt global strike concepts

Not later than September 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the results of the review required by subsection (c).

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. Expedited use of appropriate technology related to unexploded ordnance detection.

Sec. 315. Closed loop re-refining of used motor vehicle lubricating oil.

Sec. 316. Comprehensive program for the eradication of the brown tree snake population from military facilities in Guam.

Subtitle C—Workplace and Depot Issues

Sec. 321. Comprehensive analysis and development of single Government-wide definition of inherently governmental function and criteria for critical functions.

Sec. 322. Study on future depot capability.

Sec. 323. Government Accountability Office review of high-performing organizations.

Sec. 324. Consolidation of Air Force and Air National Guard aircraft maintenance.

Sec. 325. Report on Air Force civilian personnel consolidation plan.

Sec. 326. Report on reduction in number of firefighters on Air Force bases.

Sec. 327. Minimum capital investment for certain depots.

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 and wind energy for use for expeditionary forces.

Sec. 334. Study on alternative and synthetic fuels.

Sec. 335. Mitigation of power outage risks for Department of Defense facilities and activities.

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.

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. Revision of certain Air Force regulations required.

Sec. 356. Transfer of C–12 aircraft to California Department of Forestry and Fire Protection.

Sec. 357. Limitation on treatment of retired B–52 aircraft for Air Combat Command headquarters.

Sec. 358. Increase of domestic breeding of military working dogs used by the Department of Defense.

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, $31,251,702,000.

(2)

For the Navy, $34,850,310,000.

(3)

For the Marine Corps, $5,604,254,000.

(4)

For the Air Force, $35,454,487,000.

(5)

For Defense-wide activities, $25,948,864,000.

(6)

For the Army Reserve, $2,642,341,000.

(7)

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

(8)

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

(9)

For the Air Force Reserve, $3,150,692,000.

(10)

For the Army National Guard, $5,893,546,000.

(11)

For the Air National Guard, $5,882,326,000.

(12)

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

(13)

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

(14)

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

(15)

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

(16)

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

(17)

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

(18)

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

(19)

For Cooperative Threat Reduction programs, $434,135,000.

(20)

For 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.

Expedited use of appropriate technology related to unexploded ordnance detection

(a)

Expedited use of appropriate technologies

The Secretary shall expedite the use of appropriate unexploded ordnance detection instrument technology developed through research funded by the Department of Defense or developed by entities other than the Department of Defense.

(b)

Report

Not later than October 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 detection 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 sector entities involved in the detection of unexploded ordnance.

(6)

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

(c)

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 re-refining of used motor vehicle lubricating oil

(a)

Study and Evaluation

Not later than one year 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 re-use, recycling, 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 re-use or recycling through closed loop re-refining of used oil as a means of reducing total indirect energy usage and greenhouse gas emissions.

(b)

Definition

For purposes of this section, the term “closed loop re-refining” 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.

316.

Comprehensive program for the eradication of the brown tree snake population from military facilities in Guam

The Secretary of Defense shall establish a comprehensive program to control and, to the extent practicable, eradicate the brown tree snake population from military facilities in Guam and to ensure that military activities, including the transport of civilian and military personnel and equipment to and from Guam, do not contribute to the spread of brown tree snakes.

C

Workplace and Depot Issues

321.

Comprehensive analysis and development of single Government-wide definition of inherently governmental function and criteria for critical functions

(a)

Development and implementation

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 Officers 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; and

(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;

(3)

develop criteria to be used by the head of each such department or agency to—

(A)

identify critical functions with respect to the unique missions and structure of that department or agency; and

(B)

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 to ensure the department or agency maintains control of its mission and operations;

(4)

in addition to the actions described under paragraphs (1), (2), and (3), 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) and the criteria for critical functions as described in paragraph (3) 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 and factors, including the management or oversight of awarded contracts, statutory mandates, and international obligations; 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 Officers 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 Officers 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 and criteria for critical functions.

(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 and criteria developed under this section are 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 and criteria 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 and criteria for critical functions.

322.

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 the annual budget displays provided to Congress; 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.

(3)

The adequate visibility of the maintenance workload of each military department in reports submitted to Congress, including—

(A)

whether the depot budget lines in current budget displays accurately reflect depot level workloads;

(B)

the accuracy of core and 50/50 calculations;

(C)

the usefulness of current reporting requirements to the oversight function of senior military and congressional leaders; and

(D)

whether current budgetary guidelines provide sufficient financial flexibility during the year of execution to permit the heads of the military departments to make best-value decisions between maintenance activities.

(4)

Such other information as determined relevant by the entity carrying out the study.

(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 (e)(2) 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.

323.

Government Accountability Office review of high-performing organizations

Not later than 120 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a review on the high-performing organization initiatives of the Department of Defense. The review shall include each of the following for each such initiative reviewed:

(1)

Any policies or guidance developed to implement the initiative.

(2)

Whether the initiative was undertaken pursuant to the pilot project under section 337 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 113 note) or under Office of Management and Budget Circular A-76.

(3)

The cost of development and implementation of the initiative.

(4)

Any cost savings and overall financial improvements promised or realized by reason of the initiative and an analysis of how such savings or improvements were calculated.

(5)

Whether criteria were developed to measure the performance, efficiency, and effectiveness improvements of the initiative.

(6)

The effect of the initiative on the workforce, including any relocations, change in collective bargaining status, or reductions in force that may have resulted.

(7)

Whether and to what extent employees and their representatives were consulted in the development and implementation of the initiative.

324.

Consolidation of Air Force and Air National Guard aircraft maintenance

(a)

Restriction on implementation of consolidation

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 unless and until the Secretary of the Air Force submits the reports required by (b) and (c), the Chief of the National Guard Bureau submits the assessment required by subsection (d), and the Secretary of Defense submits the certification required by subsection (e).

(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 of aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard, 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.

(d)

Assessment by Chief of the National Guard Bureau

Not later than 30 days after the date on which the report required by subsection (c) is submitted, the Chief of the National Guard Bureau shall submit to the Committees on Armed Services of the Senate and House of Representatives a written assessment of—

(1)

the proposed actions to consolidate aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard by the Secretary of the Air Force; and

(2)

the information included in the report required by subsection (c).

(e)

Certification by the Secretary of Defense

After the Secretary of the Air Force submits the reports required by subsections (b) and (c), and before any consolidation of aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard by the Secretary of the Air Force, the Secretary of Defense shall certify that such consolidation is in the national interest and will not adversely affect recruitment, retention, or execution of the Air National Guard mission in the individual States.

325.

Report on Air Force civilian personnel consolidation plan

(a)

Report required

Not later than 90 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 on the Air Force plan for implementing the direction of the Base Realignment and Closure Commission for the consolidation of transactional workloads from the civilian personnel offices within the service components and defense agencies, retaining sufficient positions and personnel at the large civilian centers to perform the personnel management advisory services, including non-transactional functions, necessary to support the civilian workforce.

(b)

Contents of report

At a minimum, the report required by subsection (a) shall address the steps taken by the Air Force to ensure that such direction is implemented in a manner that best meets the future needs of the Air Force, and shall address each of the following:

(1)

The anticipated positive or negative effect on the productivity and mission accomplishment of the managed workforces at the different commands.

(2)

The potential future efficiencies to be achieved through an enterprise-wide transformation of civilian personnel services.

(3)

The size and complexity of the civilian workforce.

(4)

The extent to which mission accomplishment is dependent upon the productivity of the civilian workforce.

(5)

Input from the commanders of the large civilian centers regarding the effect of consolidation on workforce productivity and costs.

(6)

The status of ongoing consolidation efforts at the Air Force Personnel Center at Randolph Air Force Base, Texas, and the target timelines for delivery of services to the various installations.

(7)

The advantages and disadvantages of retaining certain personnel management and advisory services functions at the large civilian centers under local command authority to include on-site control of staffing of positions filled through internal or external recruitment processes, employee management relations, labor force planning and management, and managing workers compensation programs.

(8)

The standards and timeliness for transitioning the personnel classifications currently performed by large civilian centers, the transition plan, particularly as it assures ready access to classifications needed for staffing and other purposes by the large civilian centers, and the expected performance and evaluation standards for providing classification services to the large civilian centers once the transition is complete.

(c)

Updates of report

The Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives biannual updates of the report required under subsection (a) until January 3, 2012.

326.

Report on reduction in number of firefighters on Air Force bases

To ensure that 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, by not later than 90 days after the date of the enactment of this Act, a report on the effects of the reduction in the number of fire fighters on Air Force bases during the three fiscal years preceding the fiscal year in which the report is submitted. Such report shall include each of the following:

(1)

An evaluation of current fire fighting capability of the Air Force and whether the reduction in the number of fire fighters on Air Force bases has increased the risk of harm to either fire fighters or those they may serve in response to an emergency.

(2)

An evaluation of whether adequate capability exists in the municipal communities surrounding the Air Force bases covered by the report to support a base aircraft rescue or to respond to a fire involving a combat aircraft, cargo aircraft, or weapon system.

(3)

An evaluation of the effects that the reductions in fire fighting personnel or functions have had on the certifications of Air Force base fire departments.

(4)

If the Secretary determines that reductions in the number of fire fighting personnel during the fiscal years covered by the report have negatively affected the ability of fire fighters on Air Forces bases to perform their missions, a plan to restore the fire fighting personnel needed to adequately support such missions.

327.

Minimum capital investment for certain depots

(a)

Additional Army depots

Subsection (e)(1) of section 2476 of title 10, United States Code, is amended by adding at the end the following new subparagraphs:

(F)

Watervliet Arsenal, New York.

(G)

Rock Island Arsenal, Illinois.

(H)

Pine Bluff Arsenal, Arkansas.

.

(b)

Separate consideration and reporting of Navy depots and Marine Corps depots

Such section is further amended—

(1)

in subsection (d)(2), by adding at the end the following new subparagraph:

(D)

Separate consideration and reporting of Navy Depots and Marine Corps depots.

; and

(2)

in subsection (e)(2)—

(A)

by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively, and indenting the margins of such clauses, as so redesignated, 6 ems from the left margin;

(B)

by inserting after Department of the Navy: the following:

(A)

The following Navy depots:

;

(C)

by inserting after clause (vii), as redesignated by subparagraph (A), the following:

(B)

The following Marine Corps depots:

; and

(D)

by redesignating subparagraphs (H) and (I) as clauses (i) and (ii), respectively, and indenting the margins of such clauses, as so redesignated, 6 ems from the left margin.

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 training, 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 analyses and force planning processes that are used to establish capability requirements and inform acquisition decisions, the Secretary of Defense shall require that analyses and force planning processes consider the requirements for, and vulnerability of, fuel logistics.

(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 for the modification of existing or development of new fuel consuming systems.

(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 the implementation of the requirements by not later than three years after the date of the enactment of this Act.

(e)

Progress report

Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing progress made to implement the requirements of this section, including an assessment of whether the implementation plan required by section (d) is being carried out on schedule.

(f)

Notification 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 notify the congressional defense committees that the Secretary has complied with the requirements of this section. If the Secretary is unable to provide the notification, 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.

(g)

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.

333.

Study on solar and wind energy for use for expeditionary forces

(a)

Study required

The Secretary of Defense shall conduct a study to examine the feasibility of using solar and wind energy to provide electricity for expeditionary forces.

(b)

Matters examined

In conducting the study required by subsection (a), the Secretary shall examine, at a minimum, each of the following:

(1)

The potential for solar and wind energy to reduce the fuel supply needed to provide electricity for expeditionary forces 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 and wind energy to provide electricity.

(3)

The potential savings of using solar and wind energy to provide electricity compared to current methods.

(4)

The environmental benefits of using solar and wind energy to provide electricity instead of the current methods.

(5)

The sustainability and operating requirements of solar and wind energy systems for providing electricity compared to current methods.

(6)

Potential opportunities for experimenting with the use of deployable solar and wind energy systems in current training environments, including remote areas of training ranges.

(c)

Report

Not later than 120 days 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 required by subsection (a).

334.

Study on alternative and synthetic fuels

(a)

Study required

The Secretary of Defense shall conduct a study on alternatives to reduce the life cycle emissions of alternative and synthetic fuels (including coal-to-liquid fuels).

(b)

Matters Examined

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 domestically-produced alternative and synthetic 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.

(4)

The goals and progress of the military departments related to the research, testing, and certification for use of alternative or synthetic fuels in military vehicles and aircraft.

(5)

An analysis of trends, levels of investment, and the development of refining capacity in the alternative or synthetic fuel industry capable of meeting fuel requirements for the Department of Defense.

(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.

Mitigation of power outage risks for Department of Defense facilities and activities

(a)

Risk assessment

The Secretary of Defense shall conduct a comprehensive technical and operational risk assessment of the risks posed to mission critical installations, facilities, and activities of the Department of Defense by extended power outages resulting from failure of the commercial electricity supply or grid and related infrastructure.

(b)

Risk mitigation plans

(1)

In general

The Secretary of Defense shall develop integrated prioritized plans to eliminate, reduce, or mitigate significant risks identified in the risk assessment under subsection (a).

(2)

Additional considerations

In developing the risk mitigation plans under paragraph (1), the Secretary of Defense shall—

(A)

prioritize the mission critical installations, facilities, and activities that are subject to the greatest and most urgent risks; and

(B)

consider the cost effectiveness of risk mitigation options.

(c)

Annual report

(1)

In general

The Secretary of Defense shall submit a report on the efforts of the Department of Defense to mitigate the risks described in subsection (a) as part of the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2010 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31, United States Code).

(2)

Content

Each report submitted under paragraph (1) shall describe the integrated prioritized plans developed under subsection (b) and the progress made toward achieving the goals established under such subsection.

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 Army 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 Army National Guard forces may face serving as an operational reserve, including—

(1)

force structure;

(2)

manning;

(3)

equipment availability, maintenance, and logistics issues;

(4)

training constraints limiting access to—

(A)

facilities and ranges, including the Combat Training Centers; and

(B)

military schools and skill training; and

(5)

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 correlation 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 training relative to the employment of reserve component units—

(A)

to execute the wartime or primary missions of the Army for which the units are designed; and

(B)

to execute missions to which such units are assigned, as of the date of the enactment of this Act, in support of ongoing operations in Iraq and Afghanistan, including factors affecting unit or individual preparation, the effect of notification timelines, and access to training facilities, including the Combat Training Centers;

(2)

an analysis of the effect of mobilization and deployment laws, regulations, goals, and policies on the Army’s ability to train and employ reserve component units for the purposes described in paragraph (1); and

(3)

any other information that the Comptroller General determines is relevant.

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.

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 in the interest of public safety, as determined necessary by the Secretary or the Secretary’s delegee.; 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)

military personnel costs;

(B)

flying hours; and

(C)

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.

Revision of certain Air Force regulations required

(a)

Revision required

Not later than 90 days after the date of the 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 Transportation 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.

356.

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.

357.

Limitation on treatment of retired B–52 aircraft for Air Combat Command headquarters

Section 131(a)(4) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2111), as amended by section 137(a)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 32), is further amended by striking may use not more than 2 such aircraft for maintenance ground training and inserting may use not more than 4 such aircraft for maintenance ground training.

358.

Increase of domestic breeding 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.

(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.

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, 325,300.

(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, 106,756.

(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, 16,170.

(3)

The Navy Reserve, 11,099.

(4)

The Marine Corps Reserve, 2,261.

(5)

The Air National Guard of the United States, 14,360.

(6)

The Air Force Reserve, 2,733.

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 $124,791,336,000. 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. Authorized number of general officers on active duty in the Army and Marine Corps, limited exclusion for joint duty requirements, and increase in number of officers serving in grades above major general and rear admiral.

Sec. 504. Modification of authority on Staff Judge Advocate to the Commandant of the Marine Corps.

Sec. 505. Eligibility of reserve officers to serve on boards of inquiry for separation of regular officers for substandard performance and other reasons.

Sec. 506. Delayed authority to alter distribution requirements for commissioned officers on active duty in general officer and flag officer grades and limitations on authorized strengths of general and flag officers on active duty.

Subtitle B—Reserve Component Management

Sec. 511. Extension to other reserve components of Army authority for deferral of mandatory separation of military technicians (dual status) until age 60.

Sec. 512. Modification of authorized strengths for certain Army National Guard, Marine Corps Reserve, and Air National Guard officers and Army National Guard enlisted personnel serving on full-time reserve component duty.

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. Modification of authorities on dual duty status of National Guard officers.

Sec. 518. Study and report regarding Marine Corps personnel policies regarding assignments in Individual Ready Reserve.

Sec. 519. Report on collection of information on civilian skills of members of the reserve components of the Armed Forces.

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. Modification of limitations on authorized strengths of reserve general and flag officers in active status serving in joint duty assignments.

Sec. 527. Reports on joint education courses available through the Department of Defense.

Subtitle D—General Service Authorities

Sec. 531. Increase in maximum period of reenlistment of regular members of the Armed Forces.

Sec. 532. Paternity leave for members of the Armed Forces.

Sec. 533. Pilot programs on career flexibility to enhance retention of members of the Armed Forces.

Subtitle E—Education and Training

Sec. 540. Authorized strength of military service academies and repeal of prohibition on phased increase in midshipmen and cadet strength limit at Naval Academy and Air Force Academy.

Sec. 541. Promotion of foreign and cultural exchange activities at military service academies.

Sec. 542. Increased authority to enroll defense industry employees in defense product development program.

Sec. 543. Expanded authority for institutions of professional military education to award degrees.

Sec. 544. Tuition for attendance of Federal employees at the United States Air Force Institute of Technology.

Sec. 545. Increase in number of permanent professors at the United States Air Force Academy.

Sec. 546. Requirement of completion of service under honorable conditions for purposes of entitlement to educational assistance for reserve component members supporting contingency operations.

Sec. 547. Consistent education loan repayment authority for health professionals in regular components and Selected Reserve.

Sec. 548. Increase in number of units of Junior Reserve Officers’ Training Corps.

Sec. 549. Correction of erroneous Army College Fund benefit amounts.

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

Subtitle F—Defense Dependents’ Education

Sec. 551. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 552. Impact aid for children with severe disabilities.

Sec. 553. Transition of military dependent students among local educational agencies.

Sec. 554. Calculation of payments for eligible federally connected children under Department of Education’s Impact Aid program.

Subtitle G—Military Justice

Sec. 561. Effective period of military protective orders.

Sec. 562. Mandatory notification of issuance of military protective order to civilian law enforcement.

Sec. 563. Implementation of information database on sexual assault incidents in the Armed Forces.

Subtitle H—Decorations, Awards, and Honorary Promotions

Sec. 571. Replacement of military decorations.

Sec. 572. Authorization and request for award of Medal of Honor to Richard L. Etchberger for acts of valor during the Vietnam War.

Subtitle I—Military Families

Sec. 581. Presentation of burial flag to the surviving spouse and children of deceased members of the Armed Forces.

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

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

Subtitle J—Other Matters

Sec. 591. Prohibition on interference in independent legal advice by the Legal Counsel to the Chairman of the Joint Chiefs of Staff.

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. Modification of matching fund requirements under National Guard Youth Challenge Program.

Sec. 595. Military salute for the flag during the national anthem by members of the Armed Forces not in uniform and by veterans.

Sec. 596. Military Leadership Diversity Commission.

Sec. 597. Demonstration project on service of retired nurse corps officers as faculty at civilian nursing schools.

Sec. 598. Report on planning for participation and hosting of the Department of Defense in international sports activities, competitions, and events.

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 of such title is amended—

(1)

in subsection (a), by striking in line of duty; and

(2)

by adding at the end the following new subsection:

(c)

A warrant issued under subsection (a) in connection with the promotion of a deceased member to a higher grade shall require a finding by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.

.

503.

Authorized number of general officers on active duty in the Army and Marine Corps, limited exclusion for joint duty requirements, and increase in number of officers serving in grades above major general and rear admiral

(a)

Increase in number of Army general officers

Section 526(a)(1) of title 10, United States Code, is amended by striking 302 and inserting 307.

(b)

Increase in number of Marine Corps general officers

Section 526(a)(4) of such title is amended by striking 80 and inserting 81.

(c)

Increase in exclusion for joint duty requirements

Section 526(b)(1) of such title is amended by striking 12 and inserting 65.

(d)

Increase in number of officers serving in grades above major general and rear admiral

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)—

(A)

in paragraphs (1) and (2)(A), by striking 16.3 percent each place it appears and inserting 16.4 percent; and

(B)

in paragraph (2)(B), by striking 17.5 percent and inserting 19 percent.

(e)

Acquisition and contracting billets

(1)

Reservation of Army increase

The increase in the number of general officers on active duty in the Army, as authorized by the amendment made by subsection (a) is reserved for general officers in the Army who serve in an acquisition position.

(2)

Reservation of portion of increase in joint duty assignments excluded from limitation

Of the increase in the number of general officer and flag officer joint duty assignments that may be designated for exclusion from the limitations on the number of general officers and flag officers on active duty, as authorized by the amendment made by subsection (c), five of the designated assignments are reserved for general officers or flag officers who serve in an acquisition position, including one assignment in the Defense Contract Management Agency.

504.

Modification of authority on Staff Judge Advocate to the Commandant of the Marine Corps

(a)

Grade of Staff Judge Advocate to the Commandant of the Marine Corps

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

(b)

Exclusion from general officer distribution limitations

Section 525(a) of such title, as amended by section 503, is further amended—

(1)

by inserting (1) after (a); and

(2)

by adding at the end the following new paragraph:

(2)

An officer while serving in the position of Staff Judge Advocate to the Commandant of the Marine Corps under section 5046 of this title is in addition to the number that would otherwise be permitted for the Marine Corps for officers in grades above brigadier general under the first sentence of paragraph (1).

.

505.

Eligibility of reserve officers to serve on boards of inquiry for separation of regular officers for substandard performance and other reasons

(a)

Eligibility

Section 1187 of title 10, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking paragraph (2); and

(B)

by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and

(2)

in subsection (b), by striking on active duty in the matter preceding paragraph (1).

(b)

Conforming amendment

The heading of subsection (a) of such section is amended by striking Active duty officers and inserting In general.

506.

Delayed authority to alter distribution requirements for commissioned officers on active duty in general officer and flag officer grades and limitations on authorized strengths of general and flag officers on active duty

(a)

Implementation of special general officer and flag officer authority

(1)

Report on proposed implementation

The Secretary of Defense shall submit to the Committees on Armed Forces of the Senate and House of Representatives a report, reflecting input from the Armed Forces, containing the following:

(A)

A statement of the total number of validated and required joint duty assignments for general officers and flag officers and the total number of validated assignments for general officers and flag officers required by the Army, Navy, Air Force, and Marine Corps to meet internal (non-joint) requirements.

(B)

A description of the process used by the Secretary of Defense and the Secretary of the military department concerned to validate joint general officer and flag officer requirements and authorizations under the authority provided by this section and how that process will function to make adjustments (increases and reductions) in the numbers of general officers and flag officers required for joint duty assignments and internal requirements of the Armed Force concerned.

(C)

A description of how the Secretary of Defense intends to minimize the incremental approaches to increases in the number of general officers and flag officers and the use of exemptions to effect such increases.

(D)

A description of how the Secretaries of the military departments intend to manage the increase and development of general officer and flag officer positions under the authority provided by this section.

(E)

An explanation of and rationale for the grade distribution of the general and flag officers in the joint pool authorized by subsection (f)(1).

(F)

A proposal specifying such legislative changes, including technical and conforming changes, as may be necessary to conform sections 525, 526, and 721 of title 10, United States Code, and such other provisions of such title relating to the management of general officers and flag officers to the authorities provided by this section.

(2)

Time for implementation

After the end of the one-year period beginning on the date on which the Secretary of Defense submits the report required by paragraph (1), the Secretary of Defense may implement the authorities provided by this section regarding the distribution of commissioned officers on active duty in general officer and flag officer grades and altering the limitations on authorized strengths of general and flag officers on active duty.

(3)

Effect of implementation

After the implementation date specified in paragraph (2), the authorities provided by this section supersede any requirement of section 525, 526, or 721 of title 10, United States Code, to the contrary.

(b)

Distribution of general and flag officers

After the implementation date specified in subsection (a)(2), no appointment of an officer on the active duty list officer may be made—

(1)

in the Army, if that appointment would result in more than—

(A)

225 officers serving on active duty above the grade of colonel;

(B)

7 officers in the grade of general;

(C)

45 officers in a grade above the grade of major general; or

(D)

90 officers in the grade of major general;

(2)

in the Air Force, if that appointment would result in more than—

(A)

208 officers serving on active duty in a grade above the grade of colonel;

(B)

9 officers in the grade of general;

(C)

43 officers in a grade above the grade of major general; or

(D)

73 officers in the grade of major general;

(3)

in the Navy, if that appointment would result in more than—

(A)

160 officers serving on active duty in a grade above the grade of captain;

(B)

6 officers in the grade of admiral;

(C)

32 officers in a grade above the grade of rear admiral; or

(D)

50 officers in the grade of rear admiral; or

(4)

in the Marine Corps, if that appointment would result in more than—

(A)

60 officers serving on active duty in a grade above the grade of colonel;

(B)

2 officers in the grade of general;

(C)

15 officers in a grade above the grade of major general; or

(D)

22 officers in the grade of major general.

(c)

Exclusion of certain officers from distribution limits

(1)

Joint assignments

The limitations contained in subsection (b) do not apply to officers serving in joint duty assignments, as designated by the Secretary of Defense under section 526(b) of title 10, United States Code, or this section or for officers released from joint duty assignments, but only during the 60-day period beginning on the date the officer departs the joint duty assignment. Of the officers serving in such joint duty assignments—

(A)

the number of officers in the grade of general or admiral may not exceed 20;

(B)

the number of officers in a grade above the grade of major general or rear admiral may not exceed 68; and

(C)

the number of officers in the grade of major general or rear admiral may not exceed 144.

(2)

Officers after relief from certain positions

An officer continuing to hold the grade of general or admiral under section 601(b)(4) of title 10 United States Code, after relief from the position of Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps shall not be counted for purposes of subsection (b).

(3)

Attending physician

An officer while serving as Attending Physician to the Congress is in addition to the number that would otherwise be permitted for that officer’s Armed Force for officers serving on active duty in grades above brigadier general or rear admiral (lower half) under subsection (b).

(4)

Officers pending retirement or after relief and related circumstances

The following officers shall not be counted for purposes of subsection (b):

(A)

An officer of an Armed Force in the grade of brigadier general or above or, in the case of the Navy, in the grade of rear admiral (lower half) or above, who is on leave pending the retirement, separation, or release of that officer from active duty, but only during the 60-day period beginning on the date of the commencement of such leave of such officer.

(B)

An officer of an Armed Force who has been relieved from a position designated under section 601(a) of title 10, United States Code, and is under orders to assume another such position, but only during the 60-day period beginning on the date on which those orders are published.

(d)

Appointments in excess of distribution limits

(1)

Appointment authority

Subject to paragraph (3), the President—

(A)

may make appointments in the Army, Air Force, and Marine Corps in the grade of lieutenant general and in the Army, Air Force, and Marine Corps in the grade of general in excess of the applicable numbers determined under subsection (b) if each such appointment is made in conjunction with an offsetting reduction under paragraph (2); and

(B)

may make appointments in the Navy in the grades of vice admiral and admiral in excess of the applicable numbers determined under subsection (b) if each such appointment is made in conjunction with an offsetting reduction under paragraph (2).

(2)

Offsetting reductions

For each appointment made under the authority of paragraph (1) in the Army, Air Force, or Marine Corps in the grade of lieutenant general or general or in the Navy in the grade of vice admiral or admiral, the number of appointments that may be made in the equivalent grade in one of the other Armed Forces (other than the Coast Guard) shall be reduced by one. When such an appointment is made, the President shall specify the Armed Force in which the reduction required by this paragraph is to be made.

(3)

Maximum

The number of officers that may be serving on active duty in the grades of lieutenant general and vice admiral by reason of appointments made under the authority of paragraph (1) may not exceed 15. The number of officers that may be serving on active duty in the grades of general and admiral by reason of appointments made under the authority of paragraph (1) may not exceed 5.

(4)

Duration of reduction

Upon the termination of the appointment of an officer in the grade of lieutenant general or vice admiral or general or admiral that was made in connection with an increase under paragraph (1) in the number of officers that may be serving on active duty in that Armed Force in that grade, the reduction made under paragraph (2) in the number of appointments permitted in such grade in another Armed Force by reason of that increase shall no longer be in effect.

(e)

Authorized strength limits for general and flag officers on active duty

After the implementation date specified in subsection (a)(2), the number of general officers on active duty in the Army, Air Force, and Marine Corps, and the number of flag officers on active duty in the Navy, may not exceed the number specified for the Armed Force concerned as follows:

(1)

For the Army, 225.

(2)

For the Navy, 160.

(3)

For the Air Force, 208.

(4)

For the Marine Corps, 60.

(f)

Limited exclusion for joint duty requirements

(1)

Designation of positions

The Secretary of Defense may designate up to 324 general officer and flag officer positions that are joint duty assignments for the purposes of chapter 38 of title 10, United States Code, for exclusion from the limitations in subsection (e). The Secretary of Defense will allocate these exclusions to the Armed Forces based on the number of general or flag officers required from each Armed Force for assignment to these designated positions.

(2)

Minimum number of positions

Unless the Secretary of Defense determines that a lower number is in the best interests of the United States, the minimum number of officers serving in positions designated under paragraph (1) for each Armed Force shall be as follows:

(A)

For the Army, 85.

(B)

For the Navy, 61.

(C)

For the Air Force, 76.

(D)

For the Marine Corps, 21.

(g)

Temporary exclusion for assignment to certain temporary billets

The limitations in subsection (e) do not apply to a general or flag officer assigned to a temporary joint duty assignment billet designated by the Secretary of Defense for purposes of this section. A general or flag officer assigned to a temporary joint duty assignment as described in this subsection may not be excluded under this subsection from the limitations in subsection (e) for a period longer than one year.

(h)

Exclusion of certain reserve officers

(1)

Distribution limits

The limitations of subsection (b) do not apply to a reserve component general or flag officer who is on active duty and serving in billets other than joint duty assignments under a call or order specifying a period of not longer than two years.

(2)

Authorized strength limits

The limitations in subsection (e) do not apply to a reserve component general or flag officer who is on active duty and serving in a position that is a joint duty assignment for the purposes of chapter 38 of title 10, United States Code, for a period not to exceed three years.

(i)

Pending or after joint duty assignments

Upon determination by the Secretary of Defense that such action is in the national interest, the Secretary may allow the Secretary of a military department to exceed the distribution of general and flag officers established under subsection (b) and the limitation in subsection (e) for up to one year for officers pending assignment to or return from joint duty assignments designated under section 526(b) of title 10, United States Code, or this section.

B

Reserve Component Management

511.

Extension to other reserve components of Army authority for deferral of mandatory separation of military technicians (dual status) until age 60

Section 10216(f) of title 10, United States Code, is amended by inserting and the Secretary of the Air Force after Secretary of the Army.

512.

Modification of authorized strengths for certain Army National Guard, Marine Corps Reserve, and Air National Guard officers and Army National Guard enlisted personnel serving on full-time reserve component duty

(a)

Army National Guard and Marine Corps Reserve officers

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 the grades of major, lieutenant colonel, or colonel 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 Army National Guard and the Marine Corps Reserve and inserting the following:

Army National Guard:
20,0001,500850325
22,0001,650930350
24,0001,7901,010378
26,0001,9301,085395
28,0002,0701,168420
30,0002,2001,245445
32,0002,3301,315460
34,0002,4501,385470
36,0002,5701,455480
38,0002,6701,527490
40,0002,7701,590500
42,0002,8371,655505
Marine Corps Reserve:
1,000996320
1,2001036721
1,3001077022
1,4001117323
1,5001147624
1,6001177925
1,7001208226
1,8001238527
1,9001268828
2,0001299129
2,1001329430
2,2001349731
2,30013610032
2,40013810333
2,50014010634
2,60014210935

.

(b)

Air National Guard officers

The table in such section is further amended by striking the portion of the table relating to the Air National Guard and inserting the following:

Air National Guard:
5,000333335251
6,000403394260
7,000472453269
8,000539512278
9,000606571287
10,000673665313
11,000740759339
12,000807827353
13,000873886363
14,000939945374
15,0001,0051,001384
16,0001,0671,057394
17,0001,1261,113404
18,0001,1851,169414
19,0001,2351,224424
20,0001,2831,280428

.

(c)

Army National Guard enlisted personnel

The table in section 12012(a) of such title, relating to the number of members of a reserve component who may be serving in the grade of E–8 or E–9 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 Army National Guard and inserting the following:

Army National Guard:
20,0001,650550
22,0001,775615
24,0001,950645
26,0002,100675
28,0002,250715
30,0002,400735
32,0002,500760
34,0002,600780
36,0002,700800
38,0002,800820
40,0002,900830
42,0003,000840

.

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

Section 14702(b) of such title is amended—

(1)

in the subsection heading, by striking at age 60 and inserting for age; and

(2)

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.

Modification of authorities on dual duty status of National Guard officers

(a)

Dual duty status authorized for any officer on active duty

Subsection (a)(2) of section 325 of title 32, United States Code, is amended by striking in command of a National Guard unit.

(b)

Advance authorization and consent to dual duty status

Such section is further amended—

(1)

by redesignating subsection (b) as subsection (c); and

(2)

by inserting after subsection (a) the following new subsection (b):

(b)

Advance authorization and consent

The President and the Governor of a State or Territory, or of the Commonwealth of Puerto Rico, or the commanding general of the District of Columbia National Guard, as applicable, may give the authorization or consent required by subsection (a)(2) with respect to an officer in advance for the purpose of establishing the succession of command of a unit.

.

518.

Study and report regarding Marine Corps personnel policies regarding assignments in Individual Ready Reserve

(a)

Study

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 to govern the assignment of members of the Marine Corps Reserve in the Individual Ready Reserve.

(b)

Elements

The study shall contain, at a minimum, the following elements:

(1)

A summary of the actual policies and procedures used to assign members of the Marine Corps Reserve to the Individual Ready Reserve and to remove members from the Individual Ready Reserve, to include the grade and authority of the official responsible for making the decision regarding the assignment.

(2)

The number of members of the Marine Corps Reserve assigned to the Individual Ready Reserve during fiscal years 2001 through 2008.

(3)

The number of members of the Marine Corps Reserve who spent less than 12 months in the Individual Ready Reserve during fiscal years 2001 through 2008, categorized by the reason provided for assigning the members to the Individual Ready Reserve.

(4)

The impact of assigning a member of the Marine Corps Reserve to the Individual Ready Reserve on the eligibility of the member for health care coverage under TRICARE.

(5)

The policies and procedures used to account for members of the Marine Corps Reserve who are excess to a unit’s authorization document, to include members selected for promotion or command who have not yet been promoted or assumed duties as officers in command.

(6)

Recommendations for improvements to policies and procedures used to assign members of the Marine Corps Reserve to the Individual Ready Reserve and to remove members from the Individual Ready Reserve.

(c)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committee on Armed Services of the Senate and House of Representatives a report containing the results of the study.

519.

Report on collection of information on civilian skills of members of the reserve components of the Armed Forces

Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability, utility, and cost effectiveness of the following:

(1)

The collection by the Department of Defense of information on the civilian skills, qualifications, and professional certifications of members of the reserve components of the Armed Forces that are relevant to military manpower requirements.

(2)

The establishment by each military department, and by the Department of Defense generally, of a system that would match billets and personnel requirements with members of the reserve components of the Armed Forces who have skills, qualifications, and certifications relevant to such billets and requirements.

(3)

The establishment by the Department of Defense of one or more systems accessible by private employers who employ individuals with skills, qualifications, and certifications possessed by members of the reserve components of the Armed Forces to assist such employers in hiring and employing such members.

(4)

Actions to ensure that employment information collected for and maintained in the Civilian Employment Information database of the Department of Defense is current and accurate.

(5)

Actions to incorporate any matter determined feasible and advisable under paragraphs (1) through (4) into the Defense Integrated Military Human Resources System.

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 such title 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 such title 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) of this subsection, the following new paragraph (11):

(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)(2), by striking officers who are serving or have served in joint duty assignments and inserting officers in the grade of major (or in the case of the Navy, lieutenant commander) or above who have been designated as a joint qualified officer; and

(2)

in subsection (b), by inserting after joint duty assignments the following: or on the Joint Staff, and officers who have been designated as a joint qualified officer in the grades of major (or in the case of the Navy, lieutenant commander) through colonel (or in the case of the Navy, captain).

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):

(D)

a qualifying reassignment from a joint duty assignment—

(i)

for unusual personal reasons, including extreme hardship and medical conditions, beyond the control of the officer or the armed forces; or

(ii)

to another joint duty assignment immediately after—

(I)

the officer was promoted to a higher grade, if the reassignment was made because no joint duty assignment was available within the same organization that was commensurate with the officer’s new grade; or

(II)

the officer’s position was eliminated in a reorganization.

; and

(2)

by striking paragraph (3) and inserting the following new paragraph (3):

(3)

Service in a joint duty assignment in a case in which the officer’s tour of duty in that assignment brings the officer’s accrued service for purposes of subsection (f)(3) to the applicable standard prescribed in subsection (a).

.

(b)

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):

(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):

(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.

Modification of limitations on authorized strengths of reserve general and flag officers in active status serving in joint duty assignments

(a)

Exclusion of army and air force officers serving in joint duty assignments

Subsection (b) of section 12004 of title 10, United States Code, is amended by adding at the end the following new paragraph;

(4)

Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the armed force concerned by subsection (a).

.

(b)

Exclusion of navy officers serving in joint duty assignments

Subsection (c) of such section is amended—

(1)

by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and

(2)

in paragraph (1), by striking (1) and all that follows through as follows: and inserting the following:

(1)

The following Navy reserve officers shall not be counted for purposes of this section:

(A)

Those counted under section 526 of this title.

(B)

Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Navy in subsection (a).

(2)

Of the number of Navy reserve officers authorized by subsection (a), 40 are distributed among the line and staff corps as follows:

.

(c)

Exclusion of marine corps officers serving in joint duty assignments

Subsection (d) of such section is amended to read as follows:

(d)

The following Marine Corps reserve officers shall not be counted for purposes of this section:

(1)

Those counted under section 526 of this title.

(2)

Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Marine Corps in subsection (a).

.

527.

Reports on joint education courses available through the Department of Defense

(a)

Reports required

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.

(b)

Elements

Each report under subsection (a) shall include, for the preceding year covered by the report, the following:

(1)

A list and description of the joint education courses available during the year covered by the report.

(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 joint education course listed under paragraph (1), the number of officers from each Armed Force who pursued the course during the year covered by the report, including the number of officers of the Army National Guard and Air National Guard who pursued the course.

D

General Service Authorities

531.

Increase in maximum period of reenlistment of regular members of the Armed Forces

(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)(A)(ii) of title 37, United States Code, is amended by striking not to exceed six.

532.

Paternity leave for members of the Armed Forces

(a)

Leave authorized

Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection:

(j)
(1)

Under regulations prescribed by the Secretary concerned, a married member of the armed forces on active duty whose wife gives birth to a child shall receive 10 days of leave to be used in connection with the birth of the child.

(2)

Leave under paragraph (1) is in addition to other leave authorized under this section.

.

(b)

Effective date

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and applies only with respect to children born on or after that date.

533.

Pilot programs on career flexibility to enhance retention of members of the Armed Forces

(a)

Pilot programs authorized

(1)

In general

Each Secretary of a military department may carry out pilot programs under which officers and enlisted members of the regular components of the Armed Forces under the jurisdiction of such Secretary may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty.

(2)

Purpose

The purpose of the pilot programs under this section shall be to evaluate whether permitting inactivation from active duty and greater flexibility in career paths for members of the Armed Forces will provide an effective means to enhance retention of members of the Armed Forces and the capacity of the Department of Defense to respond to the personal and professional needs of individual members of the Armed Forces.

(b)

Limitation on eligible members

A member of the Armed Forces is not eligible to participate in a pilot program under this section during any period of service required of the member—

(1)

under an agreement upon entry of the member on active duty; or

(2)

due to receipt by the member of a retention bonus as a member qualified in a critical military skill or assigned to a high priority unit under section 355 of title 37, United States Code.

(c)

Limitation on number of participants

Not more than 20 officers and 20 enlisted members of each Armed Force may be selected during each of calendar years 2009 through 2012 to participate in the pilot programs under this section.

(d)

Period of inactivation from active duty; effect of inactivation

(1)

Limitation

The period of inactivation from active duty under a pilot program under this section of a member participating in the pilot program shall be such period as the Secretary of the military department concerned shall specify in the agreement of the member under subsection (e), except that such period may not exceed three years.

(2)

Exclusion from computation of Reserve officer’s total years of service

Any service by a Reserve officer while participating in a pilot program under this section shall be excluded from computation of the officer’s total years of service pursuant to section 14706(a) of title 10, United States Code.

(3)

Retirement and related purposes

Any period of participation of a member in a pilot program under this section shall not count toward—

(A)

eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of title 10, United States Code; or

(B)

computation of retired or retainer pay under chapter 71 or 1223 of title 10, United States Code.

(e)

Agreement

Each member of the Armed Forces who participates in a pilot program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows:

(1)

To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of the Armed Force concerned during the period of the member's inactivation from active duty under the pilot program.

(2)

To undergo during the period of the inactivation of the member from active duty under the pilot program such inactive duty training as the Secretary concerned shall require in order to ensure that the member retains proficiency, at a level determined by the Secretary concerned to be sufficient, in the member’s military skills, professional qualifications, and physical readiness during the inactivation of the member from active duty.

(3)

Following completion of the period of the inactivation of the member from active duty under the pilot program, to serve two months as a member of the Armed Forces on active duty for each month of the period of the inactivation of the member from active duty under the pilot program.

(f)

Conditions of release

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 subsection (e). 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) of such subsection while the member is released from active duty.

(g)

Order to active duty

Under regulations prescribed by the Secretary of the military department concerned, a member of the Armed Forces participating in a pilot program under this section may, in the discretion of such Secretary, be required to terminate participation in the pilot program and be ordered to active duty.

(h)

Pay and allowances

(1)

Basic pay

During each month of participation in a pilot program under this section, a member who participates in the pilot program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37, United States Code, as a member of the uniformed services on active duty in the grade and years of service of the member when the member commences participation in the pilot program.

(2)

Prohibition on receipt of special and incentive pays

(A)

Prohibition on receipt during participation

A member who participates in a pilot program shall not, while participating in the pilot program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37, United States Code, that is in force when the member commences participation in the pilot program.

(B)

Treatment of required service

The inactivation from active duty of a member participating in a pilot program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37, United States Code, that is in force when the member commences participation in the pilot program.

(3)

Revival of special pays upon return to active duty

(A)

Revival required

Subject to subparagraph (B), upon the return of a member to active duty after completion by the member of participation in a pilot program—

(i)

any agreement entered into by the member under chapter 5 of title 37, United States Code, for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the pilot program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the pilot program; and

(ii)

any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i).

(B)

Limitations

(i)

Limitation at time of return to active duty

Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, at the time of the return of the member to active duty as described in that subparagraph—

(I)

such pay or bonus is no longer authorized by law; or

(II)

the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active duty.

(ii)

Cessation during later service

Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law.

(C)

Repayment

A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37, United States Code.

(D)

Construction of required service

Any service required of a member under an agreement covered by this paragraph after the member returns to active duty as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (e).

(4)

Certain travel and transportation allowances

(A)

In general

Subject to subparagraph (B), a member who participates in a pilot program is entitled, while participating in the pilot program, to the travel and transportation allowances authorized by section 404 of title 37, United States Code, for—

(i)

travel performed from the member's residence, at the time of release from active duty to participate in the pilot program, to the location in the United States designated by the member as his residence during the period of participation in the pilot program; and

(ii)

travel performed to the member's residence upon return to active duty at the end of the member's participation in the pilot program.

(B)

Limitation

An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.

(i)

Promotion

(1)

Officers

(A)

Limitation on promotion

An officer participating in a pilot program under this section shall not, while participating in the pilot program, be eligible for consideration for promotion under chapter 36 or 1405 of title 10, United States Code.

(B)

Promotion and rank upon return to active duty

Upon the return of an officer to active duty after completion by the officer of participation in a pilot program—

(i)

the Secretary of the military department concerned shall adjust the officer’s date of rank in such manner as the Secretary of Defense shall prescribe in regulations for purposes of this section; and

(ii)

the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion.

(2)

Enlisted members

An enlisted member participating in a pilot program shall not be eligible for consideration for promotion during the period that—

(A)

begins on the date of the member's inactivation from active duty under the pilot program; and

(B)

ends at such time after the return of the member to active duty under the pilot program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of the pilot program.

(j)

Medical and dental care

A member participating in a pilot program under this section shall, while participating in the pilot program, be treated as a member of the Armed Forces on active duty for a period of more than 30 days for purposes of the entitlement of the member and the member's dependents to medical and dental care under the provisions of chapter 55 of title 10, United States Code.

(k)

Reports

(1)

Interim reports

Not later than June 1, 2011, and June 1, 2013, the Secretary of each military department shall submit to the congressional defense committees a report on the implementation and current status of the pilot programs conducted by such Secretary under this section.

(2)

Final report

Not later than March 1, 2016, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot programs conducted under this section.

(3)

Elements of report

Each interim report and the final report under this subsection shall include the following:

(A)

A description of each pilot program conducted under this section, including a description of the number of applicants for such pilot program and the criteria used to select individuals for participation in such pilot program.

(B)

An assessment by the Secretary concerned of the pilot programs, including an evaluation of whether—

(i)

the authorities of the pilot programs provided an effective means to enhance the retention of members of the Armed Forces possessing critical skills, talents, and leadership abilities;

(ii)

the career progression in the Armed Forces of individuals who participate in the pilot program has been or will be adversely affected; and

(iii)

the usefulness of the pilot program in responding to the personal and professional needs of individual members of the Armed Forces.

(C)

Such recommendations for legislative or administrative action as the Secretary concerned considers appropriate for the modification or continuation of the pilot programs.

(l)

Duration of program authority

The authority to conduct a pilot program under this section shall commence on January 1, 2009. No member of the Armed Forces may be released from active duty under a pilot program under this section after December 31, 2012.

E

Education and Training

540.

Authorized strength of military service academies and repeal of prohibition on phased increase in midshipmen and cadet strength limit at Naval Academy and Air Force Academy

(a)

Military Academy

Section 4342(a) of title 10, United States Code, is amended by striking 4,000 or such higher number and inserting 4,400 or such lower number.

(b)

Naval Academy

Section 6954 of such title is amended—

(1)

in subsection (a), by striking 4,000 or such higher number and inserting 4,400 or such lower number; and

(2)

in subsection (h)(1), by striking the last sentence.

(c)

Air Force Academy

Section 9342 of such title is amended—

(1)

in subsection (a), by striking 4,000 or such higher number and inserting 4,400 or such lower number; and

(2)

in subsection (j)(1), by striking the last sentence.

(d)

Effective date

The amendments made by this section shall apply with respect to academic years at the United States Military Academy, the United States Naval Academy, and the Air Force Academy after the 2007-2008 academic year.

541.

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 attendance.

(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 attendance.

(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 attendance.

(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.

.

542.

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.

543.

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 National Defense Intelligence College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

(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 National Defense Intelligence College to award 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 National Defense University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

(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 National Defense University to award 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 United States Army Command and General Staff College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

(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 United States Army Command and General Staff College to award 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 United States Army War College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

(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 United States Army War College to award 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 Naval Postgraduate School is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

(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 Naval Postgraduate School to award 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 Naval War College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

(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 Naval War College to award 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 Marine Corps University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

(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 Marine Corps University to award 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 the 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 United States Air Force Institute of Technology is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

(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 United States Air Force Institute of Technology to award 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 and tuition

(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 the 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 Air University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

(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 Air University to award 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

The amendments made by this section shall apply to any degree granting authority established, modified, or redesignated on or after the date of enactment of this Act for an institution of professional military education referred to in such amendments.

544.

Tuition for attendance of Federal employees at the United States Air Force Institute of Technology

Subsection (e) of section 9314 of title 10, United States Code, as amended by section 543(h), is further amended by adding at the end the following new paragraphs:

(4)
(A)

The Institute shall charge tuition for the cost of providing instruction at the Institute for any civilian employee of a military department (other than a civilian employee of the Department of the Air Force), of another component of the Department of Defense, or of another Federal agency who receives instruction at the Institute.

(B)

The cost of any tuition charged an individual under this paragraph shall be borne by the department, agency, or component sending the individual for instruction at the Institute.

(5)

Amounts received by the Institute for the instruction of students under this subsection shall be retained by the Institute. Such amounts shall be available to the Institute to cover the costs of such instruction. The source and disposition of such amounts shall be specifically identified in the records of the Institute.

.

545.

Increase in number of permanent professors at the United States Air Force Academy

Section 9331(b)(4) of title 10, United States Code, is amended by striking 21 permanent professors and inserting 23 permanent professors.

546.

Requirement of completion of service under honorable conditions for purposes of entitlement to educational assistance for reserve component 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 shall apply to a person described in section 16163 of title 10, United States Code, who—

(1)

separates from a reserve component on or after January 28, 2008, the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008; and

(2)

as of the date of the enactment of this Act, has not used any of the person’s entitlement to educational assistance under chapter 1607 of such title.

547.

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.

.

548.

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, not later than September 30, 2020, not less than 3,700 units of the Junior Reserve Officers’ Training Corps.

(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 minimum number of units of the Junior Reserve Officers’ Training Corps specified in subsection (a) is achieved.

549.

Correction of erroneous Army College Fund benefit amounts

(a)

Correction and payment authority

(1)

Consideration of requests for correction

The Secretary of the Army may 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.

(2)

Payment authority

If the Secretary of the Army determines that the correction of military records is appropriate in response to a request received under paragraph (1), the Secretary may pay such amounts as the Secretary considers necessary to ensure fairness and equity with regard to the request.

(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.

(d)

Termination date

No payment may be made under subsection (a)(2) after December 31, 2009.

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

Defense Dependents’ Education

551.

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

(a)

Assistance to schools with significant numbers of military dependent students

Of the amount authorized to be appropriated for fiscal year 2009 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $35,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b).

(b)

Assistance to schools with enrollment changes due to base closures, force structure changes, or force relocations

Of the amount authorized to be appropriated for fiscal year 2009 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $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)).

552.

Impact aid for children with severe disabilities

Of the amount authorized to be appropriated for fiscal year 2009 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).

553.

Transition of military dependent students among local educational agencies

Subsection (d) of section 574 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2227; 20 U.S.C. 7703b note) is amended to read as follows:

(d)

Transition of military dependents among local educational agencies

(1)

The Secretary of Defense shall work collaboratively with the Secretary of Education in any efforts to ease the transitions of military dependent students from Department of Defense dependent schools to other schools and among schools of local educational agencies.

(2)

The Secretary of Defense may use funds of the Department of Defense Education Activity for the following purposes:

(A)

To share expertise and experience of the Activity with local educational agencies as military dependent students make the transitions described in paragraph (1), including transitions resulting from the closure or realignment of military installations under a base closure law, global rebasing, and force restructuring.

(B)

To provide programs for local educational agencies with military dependent students undergoing the transitions described in paragraph (1), including—

(i)

distance learning programs; and

(ii)

training programs to improve the ability of military dependent students who attend public schools in the United States and their teachers to meet the educational needs of such students.

(3)

The authority provided by this subsection expires September 30, 2013.

.

554.

Calculation of payments for eligible federally connected children under Department of Education’s Impact Aid program

In fiscal year 2009, section 8003(a)(2)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) shall be applied by substituting 5,000 for 6,500.

G

Military Justice

561.

Effective period of military protective orders

(a)

In general

Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section:

1567.

Duration of military protective orders

A military protective order issued by a military commander shall remain in effect until such time as the military commander terminates the order or issues a replacement 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. Duration of military protective orders.

.

562.

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 561, the following new section:

1567a.

Mandatory notification of issuance of military protective order to civilian law enforcement

(a)

Initial notification

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; and

(2)

the individuals involved in the order.

(b)

Notification of changes or termination

The commander of the military installation also shall notify the appropriate civilian authorities of—

(1)

any change made in a protective order covered by subsection (a); and

(2)

the termination of the protective 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.

.

563.

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 required by subsection (a) 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 required by subsection (a).

(2)

Relation to defense incident-based reporting system

Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing—

(A)

a description of the current status of the Defense Incident-Based Reporting System; and

(B)

an explanation of how the Defense Incident-Based Reporting System will relate to the database required by subsection (a).

(3)

Completion

Not later than 15 months after the date of enactment of this Act, the Secretary shall complete implementation of the database required by subsection (a).

(d)

Reports

The database required by subsection (a) 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 throughout the Department of Defense.

.

H

Decorations, Awards, and Honorary Promotions

571.

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)

Military decoration defined

In this section, the term decoration means any decoration or award (other than the medal of honor) that may be presented or awarded by the President or the Secretary concerned 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.

.

572.

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.

I

Military Families

581.

Presentation of burial flag to the surviving spouse and children of deceased members of the Armed Forces

(a)

Inclusion of surviving spouse and children; 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 to the following persons:

(A)

The person designated under subsection (c) to direct disposition of the remains of the decedent.

(B)

The parents or parent of the decedent, if the person to be presented a flag under subparagraph (A) is other than a parent of the decedent.

(C)

The surviving spouse of the decedent (including a surviving spouse who remarries after the decedent’s death), if the person to be presented a flag under subparagraph (A) is other than the surviving spouse.

(D)

Each child of the decedent, regardless of whether the person to be presented a flag under subparagraph (A) is a child of the decedent.

; and

(3)

by inserting at the end the following new paragraphs:

(3)

A flag to be presented to a person under subparagraph (B), (C), or (D) 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:

(A)

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)

The term child has the meaning prescribed by section 1477(d) of this title.

.

(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 portable 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 portable 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 portable 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 portable 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 portable 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)

Portable career opportunities defined

In this section, the term portable career includes an occupation identified by the Secretary of Defense, in consultation with the Secretary of Labor, as requiring education and training that results in a credential that is recognized nationwide by industry or specific businesses.

(e)

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 portable career opportunities.

.

583.

Sense of Congress regarding honor guard details for funerals of veterans

It is the sense of 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.

Prohibition on interference in independent legal advice by the Legal Counsel to the Chairman of the Joint Chiefs of Staff

Section 156(d) of title 10, United States Code, is amended—

(1)

by inserting (1) before The Legal Counsel; and

(2)

by adding at the end the following new paragraph:

(2)

No officer or employee of the Department of Defense may interfere with the ability of the Legal Counsel to give independent legal advice to the Chairman of the Joint Chiefs of Staff and to the Joint Chiefs of Staff.

.

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 a rate to be determined by the Secretary concerned, unless the Secretary determines that the payment of interest is inappropriate under the circumstances. If the payment of the claim is to include interest, 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)

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

.

(c)

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.

Modification of matching fund requirements under National Guard Youth Challenge Program

(a)

In general

Subsection (d) of section 509 of title 32, United States Code, is amended to read as follows:

(d)

Matching funds required

(1)

The amount of assistance provided by the Secretary of Defense to a State program of the Program for a fiscal year under this section may not exceed 60 percent of the costs of operating the State program during that fiscal year.

(2)

The limitation in paragraph (1) may not be construed as a limitation on the amount of assistance that may be provided to a State program of the Program for a fiscal year from sources other than the Department of Defense.

.

(b)

Effective date

The amendment made by subsection (a) shall take effect on October 1, 2008, and shall apply with respect to fiscal years beginning on or after that date.

595.

Military salute for the flag during the national anthem by members of the Armed Forces not in uniform and by veterans

Section 301(b)(1) of title 36, United States Code, is amended by striking subparagraphs (A) through (C) and inserting the following new subparagraphs:

(A)

individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note;

(B)

members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and

(C)

all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart; and

.

596.

Military Leadership Diversity Commission

(a)

Establishment of commission

There is hereby established a commission to be known as the Military Leadership Diversity Commission (in this section referred to as the commission).

(b)

Composition

(1)

Membership

The commission shall be composed of the following members:

(A)

The Director of the Defense Manpower Management Center.

(B)

The Director of the Defense Equal Opportunity Management Institute.

(C)

A commissioned officer 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.

(D)

A retired general or flag officer from each of the Army, Navy, Air Force, and Marine Corps.

(E)

A retired noncommissioned officer from each of the Army, Navy, Air Force, and Marine Corps.

(F)

Five retired commissioned officers who served in leadership positions with either a military department command or combatant command, of whom no less than three shall represent the views of minority veterans.

(G)

Four individuals with expertise in cultivating diverse leaders in private or non-profit organizations.

(H)

An attorney with appropriate experience and expertise in constitutional and legal matters related to the duties and responsibilities of the commission.

(2)

Appointment

The members of the commission referred to in subparagraphs (C) through (H) of paragraph (1) shall be appointed by the Secretary of Defense.

(3)

Chairman

The Secretary of Defense shall designate one member described in paragraphs (1)(F) or (1)(G) as chairman of the commission.

(4)

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.

(5)

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.

(6)

Quorum

Fifteen 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 conduct a comprehensive evaluation and assessment of policies that provide opportunities for the promotion and advancement of minority members of the Armed Forces, including minority members who are senior officers.

(2)

Scope of study

In carrying out the study, the commission shall examine the following:

(A)

The 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 military 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.

(L)

The development of a uniform definition, to be used throughout the Department of Defense, of diversity that is congruent with the core values and vision of the Department for the future workforce.

(M)

The existing metrics and milestones for evaluating the diversity plans of the Department (including the plans of the military departments) and for facilitating future evaluation and oversight.

(N)

The existence and maintenance of fair promotion, assignment, and command opportunities for ethnic- and gender-specific members of the Armed Forces at the levels of warrant officer, chief warrant officer, company and junior grade, field and mid-grade, and general and flag officer.

(O)

The current institutional structure of the Office of Diversity Management and Equal Opportunity of the Department, and of similar officers of the military departments, and their ability to ensure effective and accountable diversity management across the Department.

(P)

The options available for improving the substance or implementation of current plans and policies of the Department and the military departments.

(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 Armed Forces.

(C)

Such other information and recommendations as 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

(1)

Coast guard representation

In addition to the members of the commission required by subsection (b), the commission shall include two additional members, appointed by the Secretary of Homeland Security, in consultation with the Commandant of the Coast Guard, as follows:

(A)

A retired flag officer of the Coast Guard.

(B)

A commissioned officer or noncommissioned officer of the Coast Guard on active duty.

(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).

597.

Demonstration project on service of retired nurse corps officers as faculty at civilian nursing schools

(a)

In general

The Secretary of Defense may conduct a demonstration project to encourage retired military nurses to serve as faculty at civilian nursing schools.

(b)

Eligibility requirements

(1)

Individual

An individual is eligible to participate in the demonstration project if the individual—

(A)

is a retired nurse corps officer of one of the Armed Forces;

(B)

has had at least 26 years of active Federal commissioned service before retiring; and

(C)

possesses a doctoral or master degree in nursing that qualifies the officer to become a full faculty member of an accredited school of nursing.

(2)

Institution

An accredited school of nursing is eligible to participate in the demonstration project if the school or its parent institution of higher education—

(A)

is a school of nursing that is accredited to award, at a minimum, a bachelor of science in nursing and provides educational programs leading to such degree;

(B)

has a resident Reserve Officers' Training Corps unit at the institution of higher education that fulfils the requirements of sections 2101 and 2102 of title 10, United States Code;

(C)

does not prevent Reserve Officers' Training Corps access or military recruiting on campus, as defined in section 983 of title 10, United States Code;

(D)

provides any retired nurse corps officer participating in the demonstration project a salary and other compensation at the level to which other similarly situated faculty members of the accredited school of nursing are entitled, as determined by the Secretary of Defense; and

(E)

agrees to comply with subsection (d).

(c)

Compensation

The Secretary of Defense may authorize a Secretary of a military department to authorize qualified institutions of higher education to employ as faculty those eligible individuals (as described in subsection (b)) who are receiving retired pay, whose qualifications are approved by the Secretary and the institution of higher education concerned, and who request such employment, subject to the following:

(1)

A retired nurse corps officer so employed is entitled to receive the officer’s retired pay without reduction by reason of any additional amount paid to the officer by the institution of higher education concerned. In the case of payment of any such additional amount by the institution of higher education concerned, the Secretary of the military department concerned may pay to that institution the amount equal to one-half the amount paid to the retired officer by the institution for any period, up to a maximum of one-half of the difference between the officer’s retired pay for that period and the active duty pay and allowances that the officer would have received for that period if on active duty. Payments by the Secretary concerned under this paragraph shall be made from funds specifically appropriated for that purpose.

(2)

Notwithstanding any other provision of law contained in title 10, title 32, or title 37, United States Code, such a retired nurse corps officer is not, while so employed, considered to be on active duty or inactive duty training for any purpose.

(d)

Scholarships for nurse officer candidates

For purposes of the eligibility of an institution under subsection (b)(2)(E), the following requirements apply:

(1)

Each accredited school of nursing at which a retired nurse corps officer serves on the faculty under this section shall provide full academic scholarships to individuals undertaking an educational program at such school leading to a bachelor of science in nursing degree who agree, upon completion of such program, to accept a commission as an officer in the nurse corps of one of the Armed Forces.

(2)

The total number of scholarships provided by an accredited school of nursing under paragraph (1) for each officer serving on the faculty of that school under this section shall be such number as the Secretary of Defense shall specify for purposes of this section.

(3)

Each accredited school of nursing shall pay to the Department of Defense an amount equal to the value of the scholarship for every nurse officer candidate who fails to be accessed as a nurse corps officer into one of the Armed Forces within one year of receiving a bachelor of science degree in nursing from that school.

(4)

The Secretary concerned is authorized to discontinue the demonstration project authorized in this section at any institution of higher education that fails to fulfill the requirements of paragraph (3).

(e)

Report

(1)

In general

Not later than 24 months after the commencement of any demonstration project under this section, the Secretary of Defense shall submit to the congressional defense committees a report on the demonstration project. The report shall include a description of the project and a description of plans for the continuation of the project, if any.

(2)

Elements

The report shall also include, at a minimum, the following:

(A)

The current number of retired nurse corps officers who have at least 26 years of active Federal commissioned service who would be eligible to participate in the program.

(B)

The number of retired nurse corps officers participating in the demonstration project.

(C)

The number of accredited schools of nursing participating in the demonstration project.

(D)

The number of nurse officer candidates who have accessed into the military as commissioned nurse corps officers.

(E)

The number of scholarships awarded to nurse officer candidates.

(F)

The number of nurse officer candidates who have failed to access into the military, if any.

(G)

The amount paid to the Department of Defense in the event any nurse officer candidates awarded scholarships by the accredited school of nursing fail to access into the military as commissioned nurse corps officers.

(H)

The funds expended in the operation of the demonstration project.

(I)

The recommendation of the Secretary of Defense as to whether the demonstration project should be extended.

(f)

Definitions

In this section, the terms school of nursing and accredited have the meeting given those terms in section 801 of the Public Health Service Act (42 U.S.C. 296).

(g)

Sunset

The authority in this section shall expire on June 30, 2014.

598.

Report on planning for participation and hosting of the Department of Defense in international sports activities, competitions, and events

(a)

Report required

Not later than October 1, 2009, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a comprehensive plan for the following:

(1)

The participation by personnel of the Department of Defense in international sports activities, competitions, and events (including the Pan American Games, the Olympic Games, the Paralympic Games, the Military World Games, other activities of the International Military Sports Council (CISM), and the Interallied Confederation of Reserve Officers (CIOR)) through fiscal year 2015.

(2)

The hosting by the Department of Defense of military international sports activities, competitions, and events through fiscal year 2015.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

A discussion of the military international sports activities, competitions, and events that the Department of Defense intends to seek to host, an estimate of the costs of hosting such activities, competitions, and events that the Department intends to seek to host, and a description of the sources of funding for such costs.

(2)

A discussion of the use and replenishment of funds in the account in the Treasury for the Support for International Sporting Competitions for the hosting of such activities, competitions, and events that the Department intends to seek to host.

(3)

A discussion of the support that may be obtained from other departments and agencies of the Federal Government, State and local governments, and private entities in encouraging participation of members of the Armed Forces in international sports activities, competitions, and events or in hosting of military international sports activities, competitions, and events.

(4)

Such recommendations for legislative or administrative action as the Secretary considers appropriate to implement or enhance planning for the matters described in subsection (a).

VI

Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

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

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

Sec. 603. Increase in maximum authorized payment or reimbursement amount for temporary lodging expenses.

Sec. 604. Availability of second family separation allowance for married couples with dependents.

Sec. 605. Extension of authority for income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.

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 and health professions stipend 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 and authorization of incentive pay for members of precommissioning programs pursuing foreign language proficiency.

Sec. 620. Accession and retention bonuses for the recruitment and retention of officers in certain health professions.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Special weight allowance for transportation of professional books and equipment for spouses.

Sec. 622. Shipment of family pets during evacuation of personnel.

Subtitle D—Retired Pay and Survivor Benefits

Sec. 631. 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. 632. Correction of unintended reduction in survivor benefit plan annuities due to phased elimination of two-tier annuity computation and supplemental annuity.

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

Sec. 641. Use of commissary stores surcharges derived from temporary commissary initiatives for reserve component and retired members.

Sec. 642. Enhanced enforcement of prohibition on sale or rental of sexually explicit material on military installations.

Subtitle F—Other Matters

Sec. 651. 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

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 extension of prohibition on charges for meals received at military treatment facilities by members receiving continuous care

Section 402(h) of title 37, United States Code, is amended—

(1)

in paragraph (1), by striking during any month covered by paragraph (3) and all that follows through this section; and

(2)

by striking paragraph (3).

603.

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

Section 404a(e) of title 37, United States Code, is amended by striking $180 a day and inserting $290 a day.

604.

Availability of 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 each of the members the full amount of the monthly allowance specified in such subsection until one of the members is no longer assigned to duties described in such subparagraphs. Upon expiration of the additional 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.

605.

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.

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 and health professions stipend program

(a)

Bonus under Nurse Officer Candidate Accession Program

Section 2130a(a)(1) 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 under Nurse Officer Candidate Accession Program

Section 2130a(a)(2) of title is amended by striking of not more than $1,000 and inserting in an amount not to exceed the stipend rate in effect under section 2121(d) of this title.

(c)

Monthly stipend for students in nursing or other health professions under health professions stipend program

Section 16201(e)(2)(A) of title is amended by striking stipend of $100 per month and inserting monthly stipend in an amount not to exceed the stipend rate in effect under section 2121(d) of this title.

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.

619.

Use of new skill incentive pay and proficiency bonus authorities to encourage training in critical foreign languages and foreign cultural studies and authorization of incentive pay for members of precommissioning programs pursuing foreign language proficiency

(a)

Eligibility for skill proficiency bonus

(1)

Eligibility

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.

.

(2)

Availability of incentive pay for participation in foreign language education or training programs

Such section is further amended—

(A)

by redesignating subsections (g), (h), and (i) as subsections (h), (i), and (j), respectively; and

(B)

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.

.

(b)

Incentive pay authorized

(1)

In general

Chapter 5 of title 37, United States Code, is amended by inserting after section 316 the following new section:

316a.

Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiency

(a)

Incentive pay

The Secretary of Defense may pay incentive pay under this section to an individual who—

(1)

is enrolled as a member of the Senior Reserve Officers’ Training Corps or the Marine Corps Platoon Leaders Class, as determined in accordance with regulations prescribed by the Secretary of Defense under subsection (e); and

(2)

participates in a language immersion program approved for purposes of the Senior Reserve Officers’ Training Corps, or in study abroad, or is enrolled in an academic course that involves instruction in a foreign language of strategic interest to the Department of Defense as designated by the Secretary of Defense for purposes of this section.

(b)

Period of payment

Incentive pay is payable under this section to an individual described in subsection (a) for the period of the individual's participation in the language program or study described in paragraph (2) of that subsection.

(c)

Amount

The amount of incentive pay payable to an individual under this section may not exceed $3,000 per year.

(d)

Repayment

An individual who is paid incentive pay under this section but who does not satisfactorily complete participation in the individual's language program or study as described in subsection (a)(2), or who does not complete the requirements of the Senior Reserve Officers’ Training Corps or the Marine Corps Platoon Leaders Class, as applicable, shall be subject to the repayment provisions of section 303a(e) of this title.

(e)

Regulations

This section shall be administered under regulations prescribed by the Secretary of Defense.

(f)

Reports

Not later than January 1, 2010, and annually thereafter through 2014, the Secretary of Defense shall submit to the Director of the Office of Management and Budget, and to Congress, a report on the payment of incentive pay under this section during the preceding fiscal year. Each report shall include, for the fiscal year covered by such report, the following:

(1)

The number of individuals paid incentive pay under this section, the number of individuals commencing receipt of incentive pay under this section, and the number of individuals ceasing receipt of incentive pay under this section.

(2)

The amount of incentive pay paid to individuals under this section.

(3)

The aggregate amount recouped under section 303a(e) of this title in connection with receipt of incentive pay under this section.

(4)

The languages for which incentive pay was paid under this section, including the total amount paid for each such language.

(5)

The effectiveness of incentive pay under this section in assisting the Department of Defense in securing proficiency in foreign languages of strategic interest to the Department of Defense, including a description of how recipients of pay under this section are assigned and utilized following completion of the program of study.

(g)

Termination of authority

No incentive pay may be paid under this section after December 31, 2013.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 316 the following new item:

316a. Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiency.

.

(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 subsection (a) 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.

Accession and retention bonuses for the recruitment and retention of officers in certain health professions

(a)

Targeted bonus authority to increase direct accessions

(1)

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; 122 Stat. 169), the following health professions are designated as a critically short wartime specialty under subsection (a)(2) of such section:

(A)

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.

(B)

Registered nurses.

(2)

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 paragraph (1) of this subsection.

(3)

Secretary concerned defined

In this subsection, the term Secretary concerned has the meaning given that term in section 101(5) of title 37, United States Code.

(4)

Effective period

The designations made by this subsection and the authority to enter into an agreement under paragraph (2) of this subsection expire on September 30, 2010.

(b)

Accession and retention bonuses for psychologists

(1)

In general

Chapter 5 of title 37, United States Code, is amended by inserting after section 302c the following new section:

302c-1.

Special pay: accession and retention bonuses for psychologists

(a)

Accession bonus

(1)

Accession bonus authorized

A person described in paragraph (2) who executes a written agreement described in subsection (d) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four consecutive years may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount, subject to subsection (c)(1), determined by the Secretary concerned.

(2)

Eligible persons

A person described in paragraph (1) is any person who—

(A)

is a graduate of an accredited school of psychology; and

(B)

holds a valid State license to practice as a doctoral level psychologist.

(3)

Limitation on eligibility

A person may not be paid a bonus under this subsection if—

(A)

the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in psychology; or

(B)

the Secretary concerned determines that the person is not qualified to become and remain certified as a psychologist.

(b)

Multiyear retention bonus

(1)

Retention bonus authorized

An officer described in paragraph (2) who executes a written agreement described in subsection (d) to remain on active duty for up to four years after completion of any other active-duty service commitment may, upon acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section.

(2)

Eligible officers

An officer described in paragraph (1) is an officer of the armed forces who—

(A)

is a psychologist of the armed forces;

(B)

is in a pay grade below pay grade O–7;

(C)

has at least eight years of creditable service (computed as described in section 302b(f) of this title) or has completed any active-duty service commitment incurred for psychology education and training;

(D)

has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into the agreement under this subsection); and

(E)

holds a valid State license to practice as a doctoral level psychologist.

(c)

Maximum amount of bonus

(1)

Accession bonus

The amount of an accession bonus under subsection (a) may not exceed $400,000.

(2)

Retention bonus

The amount of a retention bonus under subsection (b) may not exceed $25,000 for each year of the agreement of the officer concerned.

(d)

Agreement

The agreement referred to in subsections (a) and (b) shall provide that, consistent with the needs of the armed force concerned, the person or officer executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of such armed force as a psychologist.

(e)

Repayment

(1)

Accession bonus

A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become licensed as a psychologist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.

(2)

Retention bonus

An officer who does not complete the period of active duty specified in the agreement entered into under subsection (b) shall be subject to the repayment provisions of section 303a(e) of this title.

(f)

Termination of authority

No agreement under subsection (a) or (b) may be entered into after December 31, 2009.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 302c the following new item:

302c–1. Special pay: accession and retention bonuses for psychologists.

.

C

Travel and Transportation Allowances

621.

Special weight allowance for transportation of professional books and equipment for spouses

Section 406(b)(1)(D) of title 37, United States Code, is amended—

(1)

by inserting (i) after (D);

(2)

in the second sentence of clause (i), as designated by paragraph (1), by striking this subparagraph and inserting this clause;

(3)

by designating the last sentence as clause (iii) and indenting the margin of such clause, as so designated, two ems from the left margin; and

(4)

by inserting after clause (i), as designated by paragraph (1), the following new clause:

(ii)

In addition to the weight allowance authorized for such member with dependents under paragraph (C), the Secretary concerned may authorize up to an additional 500 pounds in weight allowance for shipment of professional books and equipment belonging to the spouse of such member.

.

622.

Shipment of family pets during evacuation of personnel

Section 406(b)(1) of title 37, United States Code, is amended by adding at the end the following new subparagraph:

(H)
(i)

Except as provided in paragraph (2) and subject to clause (iii), in connection with an evacuation from a permanent station located in a foreign area, a member is entitled to transportation (including shipment and payment of any quarantine costs) of family household pets.

(ii)

A member entitled to transportation under clause (i) may be paid reimbursement or, at the member's request, a monetary allowance in accordance with the provisions of subparagraph (F) if the member secures by commercial means shipment and any quarantining of the pets otherwise subject to transportation under clause (i).

(iii)

The provision of transportation under clause (i) and the payment of reimbursement under clause (ii) shall be subject to such regulations as the Secretary of Defense shall prescribe with respect to members of the armed forces for purposes of this subparagraph. Such regulations may specify limitations on the types, size, and number of pets for which transportation may be provided or reimbursement paid.

.

D

Retired Pay and Survivor Benefits

631.

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.

632.

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; 10 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.

.

E

Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

641.

Use of commissary stores surcharges derived from temporary commissary initiatives for reserve component 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.

.

642.

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.

F

Other Matters

651.

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 or is retired or separated with a combat-related disability, 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)

Subparagraph (A) does not apply if the death or disability of the member is the result the member’s misconduct.

(C)

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.

(D)

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.

(E)

In this paragraph, the term combat-related disability has the meaning given that term in section 1413a(e) of title 10.

.

(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 or is retired or separated with a combat-related disability, 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)

Subparagraph (A) does not apply if the death or disability of the member is the result the member’s misconduct.

(C)

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.

(D)

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.

(E)

In this paragraph, the term combat-related disability has the meaning given that term in section 1413a(e) of title 10.

.

(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.

.

VII

Health Care and Wounded Warriors 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. Chiropractic health care for members on active duty.

Sec. 704. Calculation of monthly premiums for coverage under TRICARE Reserve Select after 2008.

Sec. 705. Program for health care delivery at military installations projected to grow.

Sec. 706. Guidelines for combined medical facilities of the Department of Defense and the Department of Veterans Affairs.

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.

Sec. 715. Additional authority for studies and demonstration projects relating to delivery of health and medical care.

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. Center of Excellence in the Mitigation, Treatment, and Rehabilitation of Traumatic Extremity Injuries and Amputations.

Sec. 724. Additional responsibilities for the wounded warrior resource center.

Sec. 725.  Sense of Congress on research on traumatic brain injury.

Sec. 726. Extension of Senior Oversight Committee with respect to wounded warrior matters.

Sec. 727. Modification of utilization of veterans' presumption of sound condition in establishing eligibility of members of the Armed Forces for retirement for disability.

Subtitle D—Other Matters

Sec. 731. Report on providing the Extended Care Health Option Program to dependents of military retirees.

Sec. 732.  Increase in cap on extended benefits under extended health care option (ECHO).

Sec. 733. Department of Defense task force on the prevention of suicide by members of the Armed Forces.

Sec. 734. Transitional health care for certain members of the Armed Forces who agree to serve in the Selected Reserve of the Ready Reserve.

Sec. 735. Enhancement of medical and dental readiness of members of the Armed Forces.

A

Improvements to Health Benefits

701.

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

(a)

Charges Under Contracts for Medical Care

Section 1097(e) of title 10, United States Code, is amended by striking September 30, 2008 and inserting September 30, 2009.

(b)

Charges for Inpatient Care

Section 1086(b)(3) of such title is amended by striking September 30, 2008 and inserting September 30, 2009.

702.

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

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

(1)

In the case of generic agents, $3.

(2)

In the case of formulary agents, $9.

(3)

In the case of nonformulary agents, $22.

703.

Chiropractic health care for members on active duty

Not later than September 30, 2009, the Secretary of Defense shall provide chiropractic services to active duty military personnel at 11 additional military treatment facilities that do not currently provide chiropractic services.

704.

Calculation of monthly premiums for coverage under TRICARE Reserve Select after 2008

(a)

Calculation of monthly premiums for years after 2009

Section 1076d(d)(3) of title 10, United States Code, is amended—

(1)

by inserting (A) after (3);

(2)

in subparagraph (A), as so designated—

(A)

by striking that the Secretary determines and inserting determined; and

(B)

by striking the second sentence; and

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