S. 3002 (110th): Department of Defense Authorization Act for Fiscal Year 2009

110th Congress, 2007–2009. Text as of Sep 17, 2008 (Passed the Senate (Engrossed)).

Status & Summary | PDF | Source: GPO

110th CONGRESS

2d Session

S. 3002

IN THE SENATE OF THE UNITED STATES

AN ACT

To authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, to prescribe military personnel strengths for such fiscal year, and for other purposes.

1.

Short title

This Act may be cited as the Department of Defense Authorization Act for Fiscal Year 2009.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Congressional defense committees.

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I—Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Subtitle B—Army Programs

Sec. 111. Stryker Mobile Gun System.

Sec. 112. Procurement of small arms.

Subtitle C—Navy Programs

Sec. 131. Authority for advanced procurement and construction of components for the Virginia-class submarine program.

Sec. 132. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt.

Subtitle D—Air Force Programs

Sec. 151. F–22A fighter aircraft.

Subtitle E—Joint and Multiservice Matters

Sec. 171. Annual long-term plan for the procurement of aircraft for the Navy and the Air Force.

TITLE II—Research, Development, Test, and Evaluation

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for defense science and technology.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Requirement for plan on overhead nonimaging infrared systems.

Sec. 212. Advanced battery manufacturing and technology roadmap.

Sec. 213. Availability of funds for defense laboratories for research and development of technologies for military missions.

Sec. 214. Assured funding for certain information security and information assurance programs of the Department of Defense.

Sec. 215. Requirements for certain airborne intelligence collection systems.

Subtitle C—Missile Defense Programs

Sec. 231. Review of the ballistic missile defense policy and strategy of the United States.

Sec. 232. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe.

Sec. 233. Airborne Laser system.

Sec. 234. Annual Director of Operational Test and Evaluation characterization of operational effectiveness, suitability, and survivability of the ballistic missile defense system.

Sec. 235. Independent assessment of boost-phase missile defense programs.

Sec. 236. Study on space-based interceptor element of ballistic missile defense system.

Sec. 237. Activation and deployment of AN/TPY–2 forward-based X-band radar.

Subtitle D—Other Matters

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

Sec. 252. Biennial reports on joint and service concept development and experimentation.

Sec. 253. Repeal of annual reporting requirement relating to the Technology Transition Initiative.

Sec. 254. Executive agent for printed circuit board technology.

Sec. 255. Report on Department of Defense response to findings and recommendations of the Defense Science Board Task Force on Directed Energy Weapons.

Sec. 256. Assessment of standards for mission critical semiconductors procured by the Department of Defense.

TITLE III—Operation and Maintenance

Subtitle A—Authorization of appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B—Environmental provisions

Sec. 311. Expansion of cooperative agreement authority for management of natural resources to include off-installation mitigation.

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

Sec. 313. Comprehensive program for the eradication of the brown tree snake population from military facilities in Guam.

Subtitle C—Workplace and depot issues

Sec. 321. Authority to consider depot-level maintenance and repair using contractor furnished equipment or leased facilities as core logistics.

Sec. 322. Minimum capital investment for certain depots.

Subtitle D—Reports

Sec. 331. Additional information under annual submissions of information regarding information technology capital assets.

Subtitle E—Other matters

Sec. 341. Mitigation of power outage risks for Department of Defense facilities and activities.

Sec. 342. Increased authority to accept financial and other incentives related to energy savings and new authority related to energy systems.

Sec. 343. Recovery of improperly disposed of Department of Defense property.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

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

Sec. 416. Increased end strengths for Reserves on active duty in support of the Army National Guard and Army Reserve and military technicians (dual status) of the Army National Guard.

Sec. 417. Modification of authorized strengths for Marine Corps Reserve officers on active duty in the grades of major and lieutenant colonel to meet new force structure requirements.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V—Military Personnel Policy

Subtitle A—Officer Personnel Policy

Sec. 501. Modification of distribution requirements for commissioned officers on active duty in general and flag officer grades.

Sec. 502. Modification of limitations on authorized strengths of general and flag officers on active duty.

Sec. 503. Clarification of joint duty requirements for promotion to general or flag grades.

Sec. 504. Modification of authorities on length of joint duty assignments.

Sec. 505. Technical and conforming amendments relating to modification of joint specialty requirements.

Sec. 506. Eligibility of reserve officers to serve on boards of inquiry for separation of regular officers for substandard performance and other reasons.

Sec. 507. Modification of authority on Staff Judge Advocate to the Commandant of the Marine Corps.

Sec. 508. Increase in number of permanent professors at the United States Air Force Academy.

Sec. 509. Service creditable toward retirement for thirty years or more of service of regular warrant officers other than regular Army warrant officers.

Sec. 510. Modification of requirements for qualification for issuance of posthumous commissions and warrants.

Subtitle B—Enlisted Personnel Policy

Sec. 521. Increase in maximum period of reenlistment of regular members of the Armed Forces.

Subtitle C—Reserve Component Management

Sec. 531. Modification of limitations on authorized strengths of reserve general and flag officers in active status.

Sec. 532. Extension to other reserve components of Army authority for deferral of mandatory separation of military technicians (dual status) until age 60.

Sec. 533. Increase in mandatory retirement age for certain Reserve officers to age 62.

Sec. 534. Authority for vacancy promotion of National Guard and Reserve officers ordered to active duty in support of a contingency operation.

Sec. 535. Authority for retention of reserve component chaplains and medical officers until age 68.

Sec. 536. Modification of authorities on dual duty status of National Guard officers.

Sec. 537. Modification of matching fund requirements under National Guard Youth Challenge Program.

Sec. 538. Report on collection of information on civilian skills of members of the reserve components of the Armed Forces.

Subtitle D—Education and Training

Sec. 551. Authority to prescribe the authorized strength of the United States Naval Academy.

Sec. 552. Tuition for attendance of certain individuals at the United States Air Force Institute of Technology.

Sec. 553. Increase in stipend for baccalaureate students in nursing or other health professions under health professions stipend program.

Sec. 554. Clarification of discharge or release triggering delimiting period for use of educational assistance benefit for reserve component members supporting contingency operations and other operations.

Sec. 555. Payment by the service academies of certain expenses associated with participation in activities fostering international cooperation.

Subtitle E—Defense Dependents' Education Matters

Sec. 561. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 562. Impact aid for children with severe disabilities.

Sec. 563. Transition of military dependent students among local educational agencies.

Subtitle F—Military Family Readiness

Sec. 571. Authority for education and training for military spouses pursuing portable careers.

Subtitle G—Other Matters

Sec. 581. Department of Defense policy on the prevention of suicides by members of the Armed Forces.

Sec. 582. Relief for losses incurred as a result of certain injustices or errors of the Department of Defense.

Sec. 583. Paternity leave for members of the Armed Forces.

Sec. 584. Enhancement of authorities on participation of members of the Armed Forces in international sports competitions.

Sec. 585. Pilot programs on career flexibility to enhance retention of members of the Armed Forces.

Sec. 586. Prohibition on interference in independent legal advice by the Legal Counsel to the Chairman of the Joint Chiefs of Staff.

TITLE VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

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

Subtitle B—Bonuses and Special and Incentive Pays

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

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

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

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

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

Sec. 616. Permanent extension of prohibition on charges for meals received at military treatment facilities by members receiving continuous care.

Sec. 617. Accession and retention bonuses for the recruitment and retention of psychologists for the Armed Forces.

Sec. 618. Authority for extension of maximum length of service agreements for special pay for nuclear-qualified officers extending period of active service.

Sec. 619. Incentive pay for members of precommissioning programs pursuing foreign language proficiency.

Subtitle C—Travel and Transportation Allowances

Sec. 631. Shipment of family pets during evacuation of personnel.

Sec. 632. Special weight allowance for transportation of professional books and equipment for spouses.

Sec. 633. Travel and transportation allowances for members of the reserve components of the Armed Forces on leave for suspension of training.

Subtitle D—Retired Pay and Survivor Benefits

Sec. 641. Presentation of burial flag to the surviving spouse and children of members of the Armed Forces who die in service.

Sec. 642. Repeal of requirement of reduction of SBP survivor annuities by dependency and indemnity compensation.

Subtitle E—Other Matters

Sec. 651. Separation pay, transitional health care, and transitional commissary and exchange benefits for members of the Armed Forces separated under Surviving Son or Daughter policy.

TITLE VII—Health Care Provisions

Subtitle A—TRICARE Program

Sec. 701. Calculation of monthly premiums for coverage under TRICARE Reserve Select after 2008.

Subtitle B—Other Health Care Authorities

Sec. 711. Enhancement of medical and dental readiness of members of the Armed Forces.

Sec. 712. Additional authority for studies and demonstration projects relating to delivery of health and medical care.

Sec. 713. Travel for anesthesia services for childbirth for dependents of members assigned to very remote locations outside the continental United States.

Subtitle C—Other Health Care Matters

Sec. 721. Repeal of prohibition on conversion of military medical and dental positions to civilian medical and dental positions.

TITLE VIII—Acquisition Policy, Acquisition Management, and Related Matters

Subtitle A—Provisions Relating to Major Defense Acquisition Programs

Sec. 801. Inclusion of major subprograms to major defense acquisition programs under acquisition reporting requirements.

Sec. 802. Inclusion of certain major information technology investments in acquisition oversight authorities for major automated information system programs.

Sec. 803. Configuration Steering Boards for cost control under major defense acquisition programs.

Subtitle B—Acquisition Policy and Management

Sec. 811. Internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies.

Sec. 812. Contingency Contracting Corps.

Sec. 813. Expedited review and validation of urgent requirements documents.

Sec. 814. Incorporation of energy efficiency requirements into key performance parameters for fuel consuming systems.

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

Sec. 821. Multiyear procurement authority for the Department of Defense for the purchase of alternative and synthetic fuels.

Sec. 822. Modification and extension of pilot program for transition to follow-on contracts under authority to carry out certain prototype projects.

Sec. 823. Exclusion of certain factors in consideration of cost advantages of offers for certain Department of Defense contracts.

Subtitle D—Department of Defense Contractor Matters

Sec. 831. Database for Department of Defense contracting officers and suspension and debarment officials.

Sec. 832. Ethics safeguards for employees under certain contracts for the performance of acquisition functions closely associated with inherently governmental functions.

Sec. 833. Information for Department of Defense contractor employees on their whistleblower rights.

Subtitle E—Matters Relating to Iraq and Afghanistan

Sec. 841. Performance by private security contractors of inherently governmental functions in an area of combat operations.

Sec. 842. Additional contractor requirements and responsibilities relating to alleged crimes by or against contractor personnel in Iraq and Afghanistan.

Sec. 843. Clarification and modification of authorities relating to the Commission on Wartime Contracting in Iraq and Afghanistan.

Sec. 844. Comprehensive audit of spare parts purchases and depot overhaul and maintenance of equipment for operations in Iraq and Afghanistan.

Subtitle F—Other Matters

Sec. 851. Expedited hiring authority for the defense acquisition workforce.

Sec. 852. Specification of Secretary of Defense as Secretary concerned for purposes of licensing of intellectual property for the Defense Agencies and defense field activities.

Sec. 853. Repeal of requirements relating to the military system essential item breakout list.

TITLE IX—Department of Defense Organization and Management

Subtitle A—Department of Defense Management

Sec. 901. Modification of status of Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs.

Sec. 902. Participation of Deputy Chief Management Officer of the Department of Defense on Defense Business System Management Committee.

Sec. 903. Repeal of obsolete limitations on management headquarters personnel.

Sec. 904. General Counsel to the Inspector General of the Department of Defense.

Sec. 905. Assignment of forces to the United States Northern Command with primary mission of management of the consequences of an incident in the United States homeland involving a chemical, biological, radiological, or nuclear device, or high-yield explosives.

Sec. 906. Business transformation initiatives for the military departments.

Subtitle B—Space Matters

Sec. 911. Space posture review.

Subtitle C—Defense Intelligence Matters

Sec. 921. Requirement for officers of the Armed Forces on active duty in certain intelligence positions.

Sec. 922. Transfer of management of Intelligence Systems Support Office.

Sec. 923. Program on advanced sensor applications.

TITLE X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Incorporation into Act of tables in the report of the Committee on Armed Services of the Senate.

Sec. 1003. United States contribution to NATO common-funded budgets in fiscal year 2009.

Subtitle B—Naval Vessels and Shipyards

Sec. 1011. Government rights in designs of Department of Defense vessels, boats, craft, and components developed using public funds.

Sec. 1012. Reimbursement of expenses for certain Navy mess operations.

Subtitle C—Counter-Drug Activities

Sec. 1021. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.

Sec. 1022. Two-year extension of authority for use of funds for unified counterdrug and counterterrorism campaign in Colombia.

Subtitle D—Miscellaneous Authorities and Limitations

Sec. 1031. Procurement by State and local governments of equipment for homeland security and emergency response activities through the Department of Defense.

Sec. 1032. Enhancement of the capacity of the United States Government to conduct complex operations.

Sec. 1033. Crediting of admiralty claim receipts for damage to property funded from a Department of Defense working capital fund.

Sec. 1034. Minimum annual purchase requirements for airlift services from carriers participating in the Civil Reserve Air Fleet.

Sec. 1035. Termination date of base contract for the Navy-Marine Corps Intranet.

Sec. 1036. Prohibition on interrogation of detainees by contractor personnel.

Sec. 1037. Notification of Committees on Armed Services with respect to certain nonproliferation and proliferation activities.

Sec. 1038. Sense of Congress on nuclear weapons management.

Sec. 1039. Sense of Congress on joint Department of Defense-Federal Aviation Administration executive committee on conflict and dispute resolution.

Sec. 1040. Sense of Congress on sale of new outsize cargo, strategic lift aircraft for civilian use.

Subtitle E—Reports

Sec. 1051. Repeal of requirement to submit certain annual reports to Congress regarding allied contributions to the common defense.

Sec. 1052. Report on detention operations in Iraq.

Sec. 1053. Strategic plan to enhance the role of the National Guard and Reserves in the national defense.

Sec. 1054. Review of nonnuclear prompt global strike concept demonstrations.

Sec. 1055. Review of bandwidth capacity requirements of the Department of Defense and the intelligence community.

Subtitle F—Wounded Warrior Matters

Sec. 1061. Modification of utilization of veterans' presumption of sound condition in establishing eligibility of members of the Armed Forces for retirement for disability.

Sec. 1062. Inclusion of service members in inpatient status in wounded warrior policies and protections.

Sec. 1063. Clarification of certain information sharing between the Department of Defense and Department of Veterans Affairs for wounded warrior purposes.

Sec. 1064. Additional responsibilities for the wounded warrior resource center.

Sec. 1065. Responsibility for the Center of Excellence in the Prevention, Diagnosis, Mitigation, Treatment and Rehabilitation of Traumatic Brain Injury to conduct pilot programs on treatment approaches for traumatic brain injury.

Sec. 1066. Center of Excellence in the Mitigation, Treatment, and Rehabilitation of Traumatic Extremity Injuries and Amputations.

Sec. 1067. Three-year extension of Senior Oversight Committee with respect to wounded warrior matters.

Subtitle G—Other Matters

Sec. 1081. Military salute for the flag during the national anthem by members of the Armed Forces not in uniform and by veterans.

Sec. 1082. Modification of deadlines for standards required for entry to military installations in the United States.

Sec. 1083. Suspension of statutes of limitations when Congress authorizes the use of military force.

TITLE XI—Civilian Personnel Matters

Sec. 1101. Department of Defense strategic human capital plans.

Sec. 1102. Conditional increase in authorized number of Defense Intelligence Senior Executive Service personnel.

Sec. 1103. Enhancement of authorities relating to additional positions under the National Security Personnel System.

Sec. 1104. Expedited hiring authority for health care professionals of the Department of Defense.

Sec. 1105. Election of insurance coverage by Federal civilian employees deployed in support of a contingency operation.

Sec. 1106. Permanent extension of Department of Defense voluntary reduction in force authority.

Sec. 1107. Four-year extension of authority to make lump sum severance payments with respect to Department of Defense employees.

Sec. 1108. Authority to waive limitations on pay for Federal civilian employees working overseas under areas of United States Central Command.

Sec. 1109. Technical amendment relating to definition of professional accounting position for purposes of certification and credentialing standards.

TITLE XII—Matters Relating to Foreign Nations

Subtitle A—Assistance and Training

Sec. 1201. Increase in amount available for costs of education and training of foreign military forces under Regional Defense Combating Terrorism Fellowship Program.

Sec. 1202. Authority for distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability with the Armed Forces.

Sec. 1203. Extension and expansion of authority for support of special operations to combat terrorism.

Sec. 1204. Modification and extension of authorities relating to program to build the capacity of foreign military forces.

Sec. 1205. Extension of authority and increased funding for security and stabilization assistance.

Sec. 1206. Four-year extension of temporary authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability.

Sec. 1207. Authority for use of funds for non-conventional assisted recovery capabilities.

Subtitle B—Department of Defense Participation in Bilateral, Multilateral, and Regional Cooperation Programs

Sec. 1211. Availability across fiscal years of funds for military-to-military contacts and comparable activities.

Sec. 1212. Enhancement of authorities relating to Department of Defense regional centers for security studies.

Sec. 1213. Payment of personnel expenses for multilateral cooperation programs.

Sec. 1214. Participation of the Department of Defense in multinational military centers of excellence.

Subtitle C—Other Authorities and Limitations

Sec. 1221. Waiver of certain sanctions against North Korea.

Subtitle D—Reports

Sec. 1231. Extension and modification of updates on report on claims relating to the bombing of the Labelle Discotheque.

Sec. 1232. Report on utilization of certain global partnership authorities.

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

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

Sec. 1302. Funding allocations.

TITLE XIV—Other Authorizations

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. National Defense Sealift Fund.

Sec. 1403. Defense Health Program.

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

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

Sec. 1406. Defense Inspector General.

Sec. 1407. Reduction in certain authorizations due to savings from lower inflation.

Subtitle B—Armed Forces Retirement Home

Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home.

Subtitle C—Other Matters

Sec. 1431. Responsibilities for Chemical Demilitarization Citizens' Advisory Commissions in Colorado and Kentucky.

Sec. 1432. Modification of definition of Department of Defense sealift vessel for purposes of the National Defense Sealift Fund.

TITLE XV—Authorization of Additional Appropriations for Operations in Afghanistan

Sec. 1501. Purpose.

Sec. 1502. Army procurement.

Sec. 1503. Navy and Marine Corps procurement.

Sec. 1504. Air Force procurement.

Sec. 1505. Joint Improvised Explosive Device Defeat Fund.

Sec. 1506. Defense-wide activities procurement.

Sec. 1507. Research, development, test, and evaluation.

Sec. 1508. Operation and maintenance.

Sec. 1509. Military personnel.

Sec. 1510. Working capital funds.

Sec. 1511. Other Department of Defense programs.

Sec. 1512. Afghanistan Security Forces Fund.

Sec. 1513. Treatment as additional authorizations.

Sec. 1514. Special transfer authority.

Sec. 1515. Limitation on use of funds.

Sec. 1516. Requirement for separate display of budget for Afghanistan.

TITLE XVI—Authorization of Additional Appropriations for Operations in Iraq

Sec. 1601. Purpose.

Sec. 1602. Army procurement.

Sec. 1603. Navy and Marine Corps procurement.

Sec. 1604. Air Force procurement.

Sec. 1605. Joint Improvised Explosive Device Defeat Fund.

Sec. 1606. Defense-wide activities procurement.

Sec. 1607. Research, development, test, and evaluation.

Sec. 1608. Operation and maintenance.

Sec. 1609. Military personnel.

Sec. 1610. Working capital funds.

Sec. 1611. Defense Health Program.

Sec. 1612. Iraq Freedom Fund.

Sec. 1613. Iraq Security Forces Fund.

Sec. 1614. Treatment as additional authorizations.

Sec. 1615. Limitation on use of funds.

Sec. 1616. Contributions by the Government of Iraq to large-scale infrastructure projects, combined operations, and other activities in Iraq.

3.

Congressional defense committees

For purposes of this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

A

DEPARTMENT OF DEFENSE AUTHORIZATIONS

I

Procurement

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, $4,957,435,000.

(2)

For missiles, $2,211,460,000.

(3)

For weapons and tracked combat vehicles, $3,689,277,000.

(4)

For ammunition, $2,303,791,000.

(5)

For other procurement, $11,861,704,000.

102.

Navy and Marine Corps

(a)

Navy

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

(1)

For aircraft, $14,729,274,000.

(2)

For weapons, including missiles and torpedoes, $3,605,482,000.

(3)

For shipbuilding and conversion, $13,037,218,000.

(4)

For other procurement, $5,516,506,000.

(b)

Marine Corps

Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Marine Corps in the amount of $1,495,665,000.

(c)

Navy and Marine Corps Ammunition

Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement of ammunition for the Navy and the Marine Corps in the amount of $1,131,712,000.

103.

Air Force

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

(1)

For aircraft, $13,235,286,000.

(2)

For missiles, $5,556,728,000.

(3)

For ammunition, $895,478,000.

(4)

For other procurement, $16,115,496,000.

104.

Defense-wide activities

Funds are hereby authorized to be appropriated for fiscal year 2009 for Defense-wide procurement as follows:

(1)

For Defense-wide procurement, $3,466,928,000.

(2)

For the Rapid Acquisition Fund, $102,045,000.

B

Army Programs

111.

Stryker Mobile Gun System

(a)

Testing of System

If the Secretary of the Army makes the certification described by subsection (a) of section 117 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–18; 122 Stat. 26) with respect to the Stryker Mobile Gun System, or the Secretary of Defense waives pursuant to subsection (b) of such section the limitations under subsection (a) of such section with respect to the Stryker Mobile Gun System, the Secretary of Defense shall, through the Director of Operational Test and Evaluation, ensure that the Stryker Mobile Gun System is subject to testing to confirm the efficacy of any actions necessary to mitigate operational effectiveness, suitability, and survivability deficiencies identified in Initial Operational Test and Evaluation and Live Fire Test and Evaluation.

(b)

Quarterly reports

(1)

Reports required

The Secretary of the Army shall submit to the congressional defense committees on a quarterly basis a report setting forth the following:

(A)

The status of any necessary mitigating actions taken by the Army to address deficiencies in the Stryker Mobile Gun System that are identified by the Director of Operational Test and Evaluation.

(B)

An assessment of the efficacy of the actions described by subparagraph (A).

(C)

A statement of additional actions needed to be taken, if any, to mitigate operational deficiencies in the Stryker Mobile Gun System.

(D)

A compilation of all hostile fire engagements resulting in damage to the vehicle, resulting in a non-mission capable status of the Stryker Mobile Gun System.

(2)

Consultation

The Secretary shall submit each report required by paragraph (1) in consultation with the Director of Operational Test and Evaluation.

(3)

Form

Each report required by paragraph (1) may be submitted in unclassified or classified form.

(c)

Expansion of limitation on availability of funds for procurement of System

Section 117(a) of the National Defense Authorization Act for Fiscal Year 2008 is amended by striking by sections 101(3) and 1501(3) and inserting by this Act or any other Act..

112.

Procurement of small arms

(a)

Report on capabilities based assessment

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the Capabilities Based Assessment of small arms by the Army Training and Doctrine Command.

(2)

Limitation on use of certain funds pending report

Not more than 75 percent of the aggregate amount authorized to be appropriated for the Department of Defense for fiscal year 2009 and available for the Guardrail Common Sensor program may be obligated for that program until after the Secretary of the Army submits to the congressional defense committees a report required under paragraph (1).

(b)

Competition for new individual weapon

(1)

Competition required

In the event the Capabilities Based Assessment identifies gaps in the current capabilities of the small arms of the Army and the Secretary of the Army determines that a new individual weapon is required to address such gaps, the Secretary shall procure the new individual weapon through one or more contracts entered into after full and open competition described in paragraph (2).

(2)

Full and open competition

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

(A)

is open to all developmental item solutions and nondevelopmental item (NDI) solutions; and

(B)

provides for the award of the contract or contracts concerned based on selection criteria that reflect the key performance parameters and attributes identified in an Army-approved service requirements document.

(c)

Report on procurement of carbine-type rifles

Not later than 120 days after the date of the enactment of this Act, Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability of each of the following:

(1)

The certification of a carbine-type rifle requirement that does not require commonality with existing technical data.

(2)

A full and open competition leading to the award of contracts for carbine-type rifles in lieu of a developmental program intended to meet the proposed carbine-type rifle requirement.

(3)

The reprogramming of funds for the procurement of small arms from the procurement of M4 Carbines to the procurement of carbine-type rifles authorized only as the result of competition.

(4)

The use of rapid equipping authority to procure carbine-type rifles under $2,000 per unit that meet service-approved requirements, which weapons may be nondevelopmental items selected through full and open competition.

C

Navy Programs

131.

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

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

(1)

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

(2)

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

(b)

Advance procurement and construction of components

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

.

132.

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

(a)

Amount authorized from SCN account

(1)

In general

Of the amount authorized to be appropriated for fiscal year 2009 by section 102(a)(3) for shipbuilding and conversion, Navy, $124,500,000 is available for the commencement of the nuclear refueling and complex overhaul of the U.S.S. Theodore Roosevelt (CVN–71) during fiscal year 2009.

(2)

First increment

The amount made available under paragraph (1) is the first increment of the three increments of funding planned to be available for the nuclear refueling and complex overhaul of the U.S.S. Theodore Roosevelt.

(b)

Contract authority

(1)

In general

The Secretary of the Navy may enter into a contract during fiscal year 2009 for the nuclear refueling and complex overhaul of the U.S.S. Theodore Roosevelt.

(2)

Condition on out-year contract payments

The contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2009 is subject to the availability of appropriations for that purpose for such fiscal year.

D

Air Force Programs

151.

F–22A fighter aircraft

(a)

Availability of funds

Subject to subsection (b), of the amount authorized to be appropriated by section 103(1) for procurement of aircraft for the Air Force, $497,000,000 shall be available, at the election of the President, for either, but not both, of the following:

(1)

Advance procurement of F–22A fighter aircraft in fiscal year 2010.

(2)

Winding down of the production line for F–22A fighter aircraft.

(b)

Certification

(1)

In general

The amount referred to in subsection (a) shall not be available for the purpose elected by the President under that subsection until the President certifies to the congressional defense committees the following (as applicable):

(A)

That procurement of F–22A fighter aircraft is in the national interests of the United States.

(B)

That the winding down of the production line for F–22A fighter aircraft is in the national interests of the United States.

(2)

Date of submittal

Any certification submitted under this subsection may not be submitted before January 21, 2009.

E

Joint and Multiservice Matters

171.

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

(a)

In general

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

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.

.

II

Research, Development, Test, and Evaluation

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, $10,855,210,000.

(2)

For the Navy, $19,442,192,000.

(3)

For the Air Force, $28,322,477,000.

(4)

For Defense-wide activities, $21,113,501,000, of which $188,772,000 is authorized for the Director of Operational Test and Evaluation.

202.

Amount for defense science and technology

(a)

Fiscal year 2009

Of the amounts authorized to be appropriated by section 201, $11,895,180,000 shall be available for the Defense Science and Technology Program, including basic research, applied research, and advanced technology development projects.

(b)

Basic research, applied research, and advanced technology development defined

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

B

Program Requirements, Restrictions, and Limitations

211.

Requirement for plan on overhead nonimaging infrared systems

(a)

In general

The Secretary of the Air Force shall develop a comprehensive plan to conduct and support research, development, and demonstration of technologies that could evolve into the next generation of overhead nonimaging infrared systems.

(b)

Elements

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

(1)

The research objectives to be achieved under the plan.

(2)

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

(3)

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

(4)

A plan for implementing an acquisition program with respect to technologies determined to be successful under the plan.

(5)

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

(6)

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

(c)

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

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

212.

Advanced battery manufacturing and technology roadmap

(a)

Roadmap required

The Secretary of Defense shall, in coordination with the Secretary of Energy, develop a multi-year roadmap to develop advanced battery technologies and sustain domestic advanced battery manufacturing capabilities and an assured supply chain necessary to ensure that the Department of Defense has assured access to advanced battery technologies to support current military requirements and emerging military needs.

(b)

Elements

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

(1)

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

(2)

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

(3)

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

(4)

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

(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.

213.

Availability of funds for defense laboratories for research and development of technologies for military missions

(a)

Availability of funds

(1)

In general

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

(A)

To fund innovative basic and applied research at the defense laboratory in support of military missions.

(B)

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

(C)

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

(2)

Consultation required

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

(b)

Annual report on use of authority

(1)

In general

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

(2)

Elements

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

(A)

A current description of the mechanisms under subsection (a).

(B)

A statement of the amount of funding made available by each defense laboratory for research and development described in subsection (a)(1).

(C)

A description of the investments made by each defense laboratory utilizing funds under subsection (a).

(D)

A description and assessment of any improvements in the performance of the defense laboratories as a result of investments described under subparagraph (C).

(E)

A description and assessment of the contributions of the research and development conducted by the defense laboratories utilizing funds under subsection (a) to the development of needed military capabilities.

(F)

A description of any modification to the mechanisms under subsection (a) that are required or proposed to be taken to enhance the efficacy of the authority under subsection (a) to support military missions.

214.

Assured funding for certain information security and information assurance programs of the Department of Defense

(a)

In general

Of the amount authorized to be appropriated for each fiscal year after fiscal year 2008 for a program specified in subsection (b), not less than the amount equal to one percent of such amount shall be available in such fiscal year for the establishment or conduct under such program of a program or activities to—

(1)

anticipate advances in information technology that will create information security challenges for the Department of Defense when fielded; and

(2)

identify and develop solutions to such challenges.

(b)

Covered programs

The programs specified in this subsection are the programs described in the budget justification documents submitted to Congress in support of the budget of the President for fiscal year 2009 (as submitted pursuant to section 1105(a) of title 31, United States Code) as follows:

(1)

The Information Systems Security Program of the Department of Defense.

(2)

Each other Department of Defense information assurance program.

(3)

Any program of the Department of Defense under the Comprehensive National Cybersecurity Initiative that is not funded by the National Intelligence Program.

(c)

Supplement not supplant

Amounts available under subsection (a) for a fiscal year for the programs and activities described in that subsection are in addition to any other amounts available for such fiscal year for the programs specified in subsection (b) for research and development relating to new information assurance technologies.

215.

Requirements for certain airborne intelligence collection systems

(a)

In general

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

(b)

Exceptions

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

C

Missile Defense Programs

231.

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

(a)

Review required

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

(b)

Elements

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

(1)

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

(2)

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

(3)

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

(4)

The roles and responsibilities of the military departments in the ballistic missile defense programs of the United States.

(5)

The process for determining requirements for missile defense capabilities under the ballistic missile defense programs of the United States, including input from the joint military requirements process.

(6)

The process for determining the force structure and inventory objectives for the ballistic missile defense programs of the United States.

(7)

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

(8)

The affordability and cost-effectiveness of particular capabilities under the ballistic missile defense programs of the United States.

(9)

The objectives, requirements, and standards for test and evaluation with respect to the ballistic missile defense programs of the United States.

(10)

Accountability, transparency, and oversight with respect to the ballistic missile defense programs of the United States.

(11)

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

(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.

232.

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

(a)

In general

No funds authorized to be appropriated by this Act may be obligated or expended for procurement, site activation, construction, preparation of equipment for, or deployment of major components of a long-range missile defense system in a European country until each of the following conditions have been met:

(1)

The government of the country in which such major components of such missile defense system (including interceptors and associated radars) are proposed to be deployed has given final approval (including parliamentary ratification) to any missile defense agreements negotiated between such government and the United States Government concerning the proposed deployment of such components in such country.

(2)

45 days have elapsed following the receipt by Congress of the report required by section 226(c) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 42).

(b)

Additional limitation

In addition to the limitation in subsection (a), no funds authorized to be appropriated by this Act may be obligated or expended for the acquisition (other than initial long-lead procurement) or deployment of operational missiles of a long-range missile defense system in Europe until the Secretary of Defense, after receiving the views of the Director of Operational Test and Evaluation, submits to Congress a report certifying that the proposed interceptor to be deployed as part of such missile defense system has demonstrated, through successful, operationally realistic flight testing, a high probability of accomplishing its mission in an operationally effective manner.

(c)

Construction

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

233.

Airborne Laser system

(a)

Report on Director of operational test and evaluation assessment of testing

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

(1)

review and evaluate the testing conducted on the first Airborne Laser system aircraft, including the planned shootdown demonstration testing; and

(2)

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

(b)

Limitation on availability of funds for later Airborne Laser system aircraft

No funds authorized to be appropriated for the Department of Defense may be obligated or expended for the procurement of a second or subsequent aircraft for the Airborne Laser system program until the Secretary of Defense, after receiving the assessment of the Director of Operational Test and Evaluation under subsection (a)(2), submits to Congress a certification that the Airborne Laser system has demonstrated, through successful testing and operational and cost analysis, a high probability of being operationally effective, suitable, survivable, and affordable.

234.

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

(a)

Annual characterization

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

(1)

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

(2)

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

(2)

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

; and

(3)

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

(b)

Conforming amendment

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

(c)

Effective date

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

235.

Independent assessment of boost-phase missile defense programs

(a)

Independent assessment required

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with the National Academy of Sciences under which the Academy shall conduct an independent assessment of the boost-phase ballistic missile defense programs of the United States.

(b)

Elements

The assessment required by subsection (a) shall consider the following:

(1)

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

(2)

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

(c)

Factors To be considered

In conducting the assessment required by subsection (a), the factors considered by the National Academy of Sciences shall include, but not be limited to, the following:

(1)

Operational considerations, including the need and ability to be deployed in a particular operational position at a particular time to be effective.

(2)

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

(3)

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

(4)

Concepts of operations.

(5)

Whether there is a potential for an engaged threat missile or warhead to land on an unintended target outside of the launching nation.

(6)

Effectiveness against countermeasures, and mission effectiveness in destroying threat missiles and their warheads.

(7)

Reliability, availability, and maintainability.

(8)

Cost and cost-effectiveness.

(9)

Force structure requirements.

(d)

Report

(1)

In general

Upon the completion of the assessment required by subsection (a), the National Academy of Sciences shall submit to the Secretary of Defense and the congressional defense committees a report on the results of the assessment. The report shall include such recommendations regarding the future direction of the boost-phase ballistic missile defense programs of the United States as the Academy considers appropriate.

(2)

Form

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

(e)

Funding

Of the amount authorized to be appropriated for fiscal year 2009 by section 201(4) for research, development, test, and evaluation for Defense-wide activities and available for the Missile Defense Agency, $3,500,000 is available for the assessment required by subsection (a).

236.

Study on space-based interceptor element of ballistic missile defense system

(a)

In general

Not later than 75 days after the date of the enactment of this Act, the Secretary of Defense shall, after consultation with the chair and ranking member of the Committee on Armed Services of the Senate and of the Committee on Armed Services of the House of Representatives, enter into a contract with one or more independent entities under which the entity or entities shall conduct an independent assessment of the feasibility and advisability of developing a space-based interceptor element to the ballistic missile defense system.

(b)

Elements

The study required under subsection (a) shall include the following:

(1)

An assessment of the need for a space-based interceptor element to the ballistic missile defense system, including an assessment of—

(A)

the extent to which there is a ballistic missile threat that—

(i)

such a space-based interceptor element would address; and

(ii)

other elements of the ballistic missile defense system would not address;

(B)

whether other elements of the ballistic missile defense system could be modified to meet the threat described in subparagraph (A) and the modifications necessary for such elements to meet that threat; and

(C)

any other alternatives to the development of such a space-based interceptor element.

(2)

An assessment of the components and capabilities and the maturity of critical technologies necessary to make such a space-based interceptor element operational.

(3)

An estimate of the total cost for the life cycle of such a space-based interceptor element, including the costs of research, development, demonstration, procurement, deployment, and launching of the element.

(4)

An assessment of the effectiveness of such a space-based interceptor element in intercepting ballistic missiles and the survivability of the element in case of attack.

(5)

An assessment of possible debris generated from the use or testing of such a space-based interceptor element and any effects of such use or testing on other space systems.

(6)

An assessment of any treaty or policy implications of the development or deployment of such a space-based interceptor element.

(7)

An assessment of any command, control, or battle management considerations of using such a space-based interceptor element, including estimated timelines for the detection of ballistic missiles, decisionmaking with respect to the use of the element, and interception of the missile by the element.

(c)

Report

(1)

Submittal

Upon completion of the independent assessment required under subsection (a), the entity or entities conducting the assessment shall submit contemporaneously to the Secretary of Defense, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report setting forth the results of the assessment.

(2)

Comments

Not later than 60 days after the date on which the Secretary of Defense receives the report required under paragraph (1), the Secretary may submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives any comments on the report or any recommendations of the Secretary resulting from the report.

(3)

Form

The report required under paragraph (1) and any comments and recommendations submitted under paragraph (2) shall be submitted in unclassified form, but may include a classified annex.

(d)

Funding

Of the amount authorized to be appropriated for fiscal year 2009 by section 201(4) for research, development, test, and evaluation for Defense-wide activities and available for the Missile Defense Agency, $5,000,000 shall be available to carry out the study required under subsection (a).

237.

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

Other Matters

251.

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

(a)

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

Section 2366(e)(1) of title 10, United States Code, is amended by striking or conventional weapon system and inserting conventional weapon system, or other system or program designated by the Director of Operational Test and Evaluation for purposes of this section.

(b)

Force protection equipment

Section 139(b) of such title is amended—

(1)

by striking paragraph (3); and

(2)

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

252.

Biennial reports on joint and service concept development and experimentation

(a)

In general

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

485.

Joint and service concept development and experimentation

(a)

Biennial reports required

Not later than January 1 of each even numbered-year, the Commander of the United States Joint Forces Command shall submit to the congressional defense committees a report on the conduct and outcomes of joint and service concept development and experimentation.

(b)

Matters To be included

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

(1)

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

(A)

The authority and responsibilities of the Commander of the United States Joint Forces Command with respect to joint concept development and experimentation.

(B)

The organization of the Department of Defense responsible for executing the mission of joint concept development and experimentation.

(C)

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

(D)

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

(E)

The process for the development and acquisition of materiel, supplies, services, and equipment necessary for the conduct of joint concept development and experimentation.

(F)

The process for designing, preparing, and conducting joint concept development and experimentation.

(G)

The assigned role of the Commander for—

(i)

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

(ii)

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

(iii)

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

(2)

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

(A)

the funding involved;

(B)

the number of activities engaged in;

(C)

the forces involved;

(D)

the national and homeland security challenges addressed;

(E)

the operational concepts assessed;

(F)

the technologies assessed;

(G)

the scenarios and measures of effectiveness utilized; and

(H)

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

(3)

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

(A)

the funding involved;

(B)

the number of activities engaged in;

(C)

the forces involved;

(D)

the national and homeland security challenges addressed;

(E)

the operational concepts assessed;

(F)

the technologies assessed;

(G)

the scenarios and measures of effectiveness utilized; and

(H)

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

(4)

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

(A)

the funding involved;

(B)

the number of activities engaged in;

(C)

the forces involved;

(D)

the challenges addressed;

(E)

the operational concepts assessed;

(F)

the technologies assessed;

(G)

the scenarios and measures of effectiveness utilized; and

(H)

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

(5)

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

(6)

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

(A)

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

(B)

Specific actions taken by the Secretary of Defense to implement the recommendations of the Commander based on concept development and experimentation activities.

(7)

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

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

(8)

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

(A)

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

(B)

changes in authority for acquisition of materiel, supplies, services, equipment, and support from other elements of the Department of Defense for concept development and experimentation by joint or service organizations.

(9)

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

(10)

Any other matters that the Commander consider appropriate.

(c)

Coordination and support

The Secretary of Defense shall ensure that the Secretaries of the military departments and the heads of other appropriate elements of the Department of Defense provide the Commander of the United States Joint Forces Command such information and support as is required to enable the Commander to prepare the reports required by subsection (a).

.

(b)

Clerical amendment

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

485. Joint and service concept development and experimentation.

.

253.

Repeal of annual reporting requirement relating to the Technology Transition Initiative

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

(1)

by striking subsection (h); and

(2)

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

254.

Executive agent for printed circuit board technology

(a)

Executive agent

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

(b)

Specification of roles, responsibilities, and authorities

The roles, responsibilities, and authorities of the Executive Agent designated under subsection (a) shall be as described in a directive issued by the Secretary of Defense for purposes of this section not later than one year after the date of the enactment of this Act.

(c)

Particular roles and responsibilities

The roles and responsibilities described under subsection (b) for the Executive Agent designated under subsection (a) shall include the following:

(1)

To develop and maintain a printed circuit board and interconnect technology roadmap that assures that the Department of Defense has access to manufacturing capabilities and expertise and technological capabilities necessary to meet future military requirements.

(2)

To develop and recommend to the Secretary of Defense funding strategies that meet the recapitalization and investment requirements of the Department for printed circuit board and interconnect technology, which strategies shall be consistent with the roadmap developed under paragraph (1).

(3)

To assure that continuing expertise in printed circuit board technical is available to the Department.

(4)

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

(5)

To support technical assessments and analyses, especially with respect to acquisition decisions and planning, relating to printed circuit boards

(6)

Such other roles and responsibilities as the Secretary considers appropriate.

(d)

Resources and authorities

The Secretary of Defense shall ensure that the Executive Agent designated under subsection (a) has the appropriate resources and authorities to perform the roles and responsibilities of the Executive Agent under this section.

(e)

Support within Department of Defense

The Secretary of Defense shall ensure that the Executive Agent designated under subsection (a) has such support from the military departments, Defense Agencies, and other components of the Department of Defense as is required for the Executive Agent to perform the roles and responsibilities of the Executive Agent under this section.

255.

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

(a)

Report required

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

(b)

Elements

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

(1)

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

(2)

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

(A)

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

(i)

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

(ii)

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

(B)

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

(i)

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

(ii)

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

(3)

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

256.

Assessment of standards for mission critical semiconductors procured by the Department of Defense

(a)

Assessment of methods for verification of trust of semiconductors procured from commercial sources

The Under Secretary of Defense for Acquisition, Technology, and Logistics shall conduct an assessment of various methods for verification of trust of the semiconductors procured by the Department of Defense from commercial sources for utilization in mission critical components of potentially vulnerable defense systems.

(b)

Elements

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

(1)

An identification of various existing methods for verification of trust of semiconductors that are suitable for Department of Defense purposes as described in subsection (a).

(2)

An identification of various methods for verification of trust of semiconductors that are currently under development and have promise for suitability for Department of Defense purposes as described in subsection (a), including methods under development at the Defense Agencies, the national laboratories, and institutions of higher education, and in the private sector.

(3)

A determination of the most suitable methods identified under paragraphs (1) and (2) for Department of Defense purposes as described in subsection (a).

(4)

An assessment of additional research and technology development efforts necessary to develop methods for verification of trust of semiconductors to meet the needs of the Department of Defense.

(5)

Any other matters that the Under Secretary considers appropriate for the verification of trust of semiconductors from commercial sources for utilization in mission critical components of any category or categories of vulnerable defense systems.

(c)

Consultation

The Under Secretary shall conduct the assessment required by subsection (a) in consultation with appropriate elements of the Department of Defense, the intelligence community, private industry, and academia.

(d)

Effective date

The assessment required by subsection (a) shall be completed not later than December 31, 2009.

(e)

Update

The Under Secretary shall from time to time update the assessment required by subsection (a) to take into account advances in technology.

III

Operation and maintenance

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, $31,282,460,000.

(2)

For the Navy, $34,811,598,000.

(3)

For the Marine Corps, $5,607,354,000.

(4)

For the Air Force, $35,244,587,000.

(5)

For Defense-wide activities, $25,926,564,000.

(6)

For the Army Reserve, $2,642,641,000.

(7)

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

(8)

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

(9)

For the Air Force Reserve, $3,142,892,000.

(10)

For the Army National Guard, $5,909,846,000.

(11)

For the Air National Guard, $5,883,926,000.

(12)

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

(13)

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

(14)

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

(15)

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

(16)

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

(17)

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

(18)

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

(19)

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

(20)

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

B

Environmental provisions

311.

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

Section 103a(a) of the Sikes Act (16 U.S.C. 670c–1(a)) is amended by striking to provide for the maintenance and improvement and all that follows through the period at the end and inserting the following: “to provide for one or both of the following:

(1)

The maintenance and improvement of natural resources on, or to benefit natural and historic research on, Department of Defense installations.

(2)

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

.

312.

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

(a)

Authority To reimburse

(1)

Transfer amount

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

(2)

Purpose of reimbursement

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

(3)

Interagency agreement

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

(b)

Source of funds

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

(c)

Use of funds

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

313.

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

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

C

Workplace and depot issues

321.

Authority to consider depot-level maintenance and repair using contractor furnished equipment or leased facilities as core logistics

Section 2474 of title 10, United States Code, is amended by adding at the end the following new subsection:

(h)

Consideration of depot level maintenance and repair using contractor furnished equipment or leased facilities as core logistics

Depot-level maintenance and repair work performed at a Center of Industrial and Technical Excellence by Federal Government employees using equipment furnished by contractors or by Federal Government employees utilizing facilities leased by the Government may be considered as workload necessary to maintain core logistics capability for purposes of section 2464 of this title if the depot-level maintenance and repair workload is the subject of a public-private partnership entered into pursuant to subsection (b).

.

322.

Minimum capital investment for certain depots

(a)

Additional Army depots

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

(F)

Watervliet Arsenal, New York.

(G)

Rock Island Arsenal, Illinois.

(H)

Pine Bluff Arsenal, Arkansas.

.

(b)

Separate consideration and reporting of Navy depots and Marine Corps depots

Such section is further amended—

(1)

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

(D)

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

; and

(2)

in subsection (e)(2)—

(A)

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

(B)

by inserting after Department of the Navy: the following:

(A)

The following Navy depots:

;

(C)

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

(B)

The following Marine Corps depots:

; and

(D)

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

D

Reports

331.

Additional information under annual submissions of information regarding information technology capital assets

Section 351 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2516; 10 U.S.C. 221 note) is amended—

(1)

in subsection (a)—

(A)

in paragraph (2), by striking $30,000,000 and an estimated total life cycle cost and inserting $30,000,000 or an estimated total life cycle cost; and

(B)

by adding at the end the following new paragraph:

(3)

Information technology capital assets not covered by paragraphs (1) and (2) that have been determined by the Chief Information Officer of the Department of Defense to be significant investments.

;

(2)

by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

(3)

by inserting after subsection (c) the following new subsection (d):

(d)

Required information for significant investments

With respect to each information technology capital asset not covered by paragraph (1) or (2) of subsection (a), but covered by paragraph (3) of that subsection, the Secretary of Defense shall include such information in a format that is appropriate to the current status of such asset.

.

E

Other matters

341.

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

(a)

Risk assessment

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

(b)

Risk mitigation plans

(1)

In general

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

(2)

Mitigation goals

In developing the risk mitigation plans under paragraph (1), the Secretary of Defense shall prioritize the mission critical installations, facilities, and activities that are subject to the greatest and most urgent risks.

(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.

342.

Increased authority to accept financial and other incentives related to energy savings and new authority related to energy systems

(a)

Energy savings

Section 2913(c) of title 10, United States Code, is amended by inserting or a State or local government after gas or electric utility.

(b)

Energy systems

Section 2915 of such title is amended by adding at the end the following new subsection:

(f)

Acceptance of financial incentives, financial assistance, and services

The Secretary of Defense may authorize any military installation to accept any financial incentive, financial assistance, or services generally available from a gas or electric utility or State or local government to use or construct an energy system using solar energy or other renewable form of energy if the use or construction of the system is consistent with the energy performance goals and energy performance plan for the Department of Defense developed under section 2911 of this title.

.

343.

Recovery of improperly disposed of Department of Defense property

(a)

In general

Chapter 165 of title 10, United States Code, is amended by adding at the end the following new section:

2790.

Recovery of improperly disposed of Department of Defense property

(a)

Prohibition

No member of the armed forces, civilian employee of the United States Government, contractor personnel, or other person may sell, lend, pledge, barter, or give any clothing, arms, articles, equipment, or other military or Department of Defense property except in accordance with the statutes and regulations governing Government property.

(b)

Transfer of title or interest ineffective

If property has been disposed of in violation of subsection (a), the person holding the property has no right or title to, or interest in, the property.

(c)

Authority for seizure of improperly disposed of property

If any person is in the possession of military or Department of Defense property without right or title to, or interest in, the property because it has been disposed of in violation of subsection (a), any Federal, State, or local law enforcement official may seize the property wherever found.

(d)

Inapplicability to certain property

Subsections (b) and (c) shall not apply to property on public display by public or private collectors or museums in secured exhibits.

(e)

Determinations of violations

(1)

The appropriate district court of the United States shall have jurisdiction, regardless of the current approximated or estimated value of the property, to determine whether property was disposed of in violation of subsection (a). Any such determination shall be by a preponderance of the evidence.

(2)

In the case of property, the possession of which could undermine national security or create a hazard to public health or safety, the determination under paragraph (1) may be made after the seizure of the property. If the person from whom the property is seized is found to have been lawfully in possession of the property and the return of the property could undermine national security or create a hazard to public health or safety, the Secretary of Defense shall reimburse the person for the fair value for the property.

(f)

Delivery of seized property

Any law enforcement official who seizes property under subsection (c) and is not authorized to retain it for the United States shall deliver the property to an authorized member of the armed forces or other authorized official of the Department of Defense or the Department of Justice.

(g)

Retroactive enforcement authorized

This section shall apply to any military or Department of Defense property that is disposed of on or after January 1, 2002, in a manner that is not in accordance with statutes and regulations governing Government property in effect at the time of the disposal of the property.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 165 of such title is amended by inserting the following new item:

2790. Recovery of improperly disposed of Department of Defense property.

.

IV

MILITARY PERSONNEL AUTHORIZATIONS

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, 325,300.

(3)

The Marine Corps, 194,000.

(4)

The Air Force, 316,771.

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)

Adjustments

The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1)

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2)

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
412.

End strengths for Reserves on active duty in support of the Reserves

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2009, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1)

The Army National Guard of the United States, 29,950.

(2)

The Army Reserve, 16,170.

(3)

The Navy Reserve, 11,099.

(4)

The Marine Corps Reserve, 2,261.

(5)

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

(6)

The Air Force Reserve, 2,733.

413.

End strengths for military technicians (dual status)

The minimum number of military technicians (dual status) as of the last day of fiscal year 2009 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1)

For the Army Reserve, 8,395.

(2)

For the Army National Guard of the United States, 27,210.

(3)

For the Air Force Reserve, 10,003.

(4)

For the Air National Guard of the United States, 22,459.

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.

Increased end strengths for Reserves on active duty in support of the Army National Guard and Army Reserve and military technicians (dual status) of the Army National Guard

(a)

Reserves on active duty in support of Army National Guard and Army Reserve

Notwithstanding the limitations specified in section 412 and subject to the provisions of this section, the number of Reserves authorized as of September 30, 2009, to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for purposes of organizing, administering, recruiting, instructing, or training the reserve components shall be the number as follows:

(1)

In the case of the Army National Guard of the United States, the number authorized by section 412(1), plus an additional 2,110 Reserves.

(2)

In the case of the Army Reserve, the number authorized by section 412(2), plus an additional 91 Reserves.

(b)

Military technicians (Dual status) of Army National Guard

Notwithstanding the limitation specified in section 413(2) and subject to the provisions of this section, the minimum number of military technicians (dual status) as of September 30, 2009, for the Army National Guard of the United States (notwithstanding section 129 of title 10, United States Code) shall be the number otherwise specified in section 413(2), plus such additional number, not to exceed 1,170, military technicians (dual status) as the Secretary of the Army considers appropriate.

(c)

Assignment of personnel under additional end strengths

Any personnel on duty or service under the additional end strengths authorized by subsection (a) or (b) may only be assigned to units of company size or below.

(d)

Funding

The costs of any personnel under the additional end strengths authorized by subsection (a) or (b) shall be paid from funds authorized to be appropriated for fiscal year 2009 by titles XV and XVI.

417.

Modification of authorized strengths for Marine Corps Reserve officers on active duty in the grades of major and lieutenant colonel to meet new force structure requirements

(a)

Authorized strengths for majors

The table in section 12011(a)(1) of title 10, United States Code, is amended by striking the numbers in the column relating to Major in the items relating to the Marine Corps Reserve and inserting the following new numbers:

  • 99
  • 103
  • 107
  • 111
  • 114
  • 117
  • 120
  • 123
  • 126
  • 129
  • 132
  • 134
  • 136
  • 138
  • 140
  • 142

.

(b)

Authorized strengths for lieutenant colonels

The table in section 12011(a)(1) of such title is further amended by striking the numbers in the column relating to Lieutenant Colonel in the items relating to the Marine Corps Reserve and inserting the following new numbers:

  • 63
  • 67
  • 70
  • 73
  • 76
  • 79
  • 82
  • 85
  • 88
  • 91
  • 94
  • 97
  • 100
  • 103
  • 106
  • 109

.

(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.

C

Authorization of Appropriations

421.

Military personnel

(a)

Authorization of appropriations

There is hereby authorized to be appropriated for fiscal year 2009 for the Department of Defense for military personnel amounts as follows:

(1)

For military personnel, $114,152,040,000.

(2)

For contributions to the Medicare-Eligible Retiree Health Fund, $10,350,593,000.

(b)

Construction of authorization

The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2009.

V

Military Personnel Policy

A

Officer Personnel Policy

501.

Modification of distribution requirements for commissioned officers on active duty in general and flag officer grades

(a)

Increase in number of officers serving in grades above major general and rear admiral

Subsection (b) of section 525 of title 10, United States Code, is amended by striking 16.3 percent each place it appears in paragraphs (1) and (2)(A) and inserting 16.4 percent.

(b)

Exclusion of certain reserve officers

Such section is further amended by adding at the end the following new subsection:

(g)

The limitations of this section do not apply to a reserve general or flag officer who is on active duty under a call or order to active duty specifying a period of active duty of not longer than three years.

.

502.

Modification of limitations on authorized strengths of general and flag officers on active duty

(a)

General limitations

Subsection (a) of section 526 of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

(1)

For the Army, 222.

(2)

For the Navy, 159.

(3)

For the Air Force, 206.

(4)

For the Marine Corps, 59.

.

(b)

Limited exclusion for joint duty requirements

Subsection (b) of such section is amended to read as follows:

(b)

Limited exclusion for joint duty requirements

(1)

The Secretary of Defense may designate up to 324 general officer and flag officer positions that are joint duty assignments for the purposes of chapter 38 of this title for exclusion from the limitations in subsection (a). Officers in positions so designated shall not be counted for the purposes of those limitations.

(2)

Unless the Secretary of Defense determines that a lower number is in the best interests of the nation, the minimum number of officers serving in positions designated under paragraph (1) for each armed force shall be as follows:

(A)

For the Army, 85.

(B)

For the Navy, 61.

(C)

For the Air Force, 76.

(D)

For the Marine Corps, 21.

.

(c)

Temporary Exclusion for certain temporary billets

Such section is further amended by inserting after subsection (b), as amended by subsection (b) of this section, the following new subsection:

(c)

Temporary exclusion for assignment to certain temporary billets

(1)

The limitations in subsection (a) do not apply to a general or flag officer assigned to a temporary joint duty assignment billet designated by the Secretary of Defense for purposes of this section.

(2)

A general or flag officer assigned to a temporary joint duty assignment as described in paragraph (1) may not be excluded under this subsection from the limitations in subsection (a) for a period longer than one year.

.

(d)

Conforming repeal of limitation on number of general and flag officers who may serve in positions outside their own service

(1)

Repeal

Section 721 of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of sections at the beginning of chapter 41 of such title is amended by striking the item relating to section 721.

(e)

Acquisition and contracting billets

The Secretary of Defense, the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, and the chiefs of staff of the Armed Forces shall take appropriate actions to ensure that—

(1)

not less than 12 percent of all general officers and flag officers in the Armed Forces generally, and in each Armed Force (as applicable), serve in an acquisition position; and

(2)

not less than 10 percent of all general officers and flag officers in the Armed Forces generally, and in each Armed Force (as applicable), who serve in an acquisition position have significant contracting experience.

(f)

Effective date

This section and the amendments made by this section shall take effect on January 1, 2010.

503.

Clarification of joint duty requirements for promotion to general or flag grades

(a)

In general

Subsection (a) of section 619a of title 10, United States Code, is amended by striking unless— and all that follows and inserting unless the officer has been designated as a joint qualified officer in accordance with section 661 of this title..

(b)

Exceptions

Subsection (b) of such section is amended—

(1)

in the matter preceding paragraph (1), by striking paragraph (1) or paragraph (2) of subsection (a), or both paragraphs (1) and (2) of subsection (a), and inserting subsection (a); and

(2)

in paragraph (4), by striking if the officer's and all that follows and inserting “if—

(A)

the officer's total consecutive years in joint duty assignments is not less than two years; and

(B)

the officer has successfully completed a program of education meeting the requirements for Phase II joint professional military education under subsections (b) and (c) of section 2155 of this title

.

(c)

Repeal of special rule for nuclear propulsion officers

Such section is further amended by striking subsection (h).

(d)

Conforming and clerical amendments

(1)

Conforming amendment

The heading of such section is amended to read as follows:

619a.

Eligibility for consideration for promotion: joint qualified officer designation required for promotion to general or flag grade; exceptions

.

(2)

Clerical amendment

The table of sections at the beginning of subchapter II of chapter 36 of such title is amended by striking the item relating to section 619a and inserting the following new item:

619a. Eligibility for consideration for promotion: joint qualified officer designation required for promotion to general or flag grade; exceptions.

.

504.

Modification of authorities on length of joint duty assignments

(a)

Service excludable from tour length requirements

Subsection (d) of section 664 of title 10, United States Code, is amended—

(1)

in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph (D):

(D)

a qualifying reassignment from a joint duty assignment—

(i)

for unusual personal reasons (including extreme hardship and medical conditions) beyond the control of the officer or the armed forces; or

(ii)

to another joint duty assignment immediately after—

(I)

the officer was promoted to a higher grade, if the reassignment was made because no joint duty assignment was available within the same organization that was commensurate with the officer's new grade; or

(II)

the officer's position was eliminated in a reorganization.

; and

(2)

by striking paragraph (3) and inserting the following new paragraph (3):

(3)

Service in a joint duty assignment in a case in which the officer's tour of duty in that assignment brings the officer's accrued service for purposes of subsection (f)(3) to the applicable standard prescribed in subsection (a).

.

(b)

Exclusions of service from computing average tour lengths

Subsection (e) of such section is amended by striking paragraph (2) and inserting the following new paragraph (2):

(2)

In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service:

(A)

Service described in subsection (c).

(B)

Service described in subsection (d).

(C)

Service described in subsection (f)(6).

.

(c)

Service contributing toward full tour of duty

Subsection (f) of such section is amended—

(1)

by striking paragraph (3) and inserting the following new paragraph (3):

(3)

Accrued joint experience in joint duty assignments as described in subsection (g).

;

(2)

in paragraph (4), by striking (except that and all that follows through at any time); and

(3)

by striking paragraph (6) and inserting the following new paragraph (6):

(6)

Any subsequent joint duty assignment that is less than the period required under subsection (a), but not less than two years.

.

(d)

Accrual of joint experience

Subsection (g) of such section is amended to read as follows:

(g)

Accrued joint experience

Accrued joint experience that may be aggregated to equal a full tour of duty for purposes of subsection (f)(3) shall include such temporary duty in joint assignments, joint individual training, and participation in joint exercises, and for such periods, as shall be prescribed in regulations by the Secretary of Defense in consultation with the advice of the Chairman of the Joint Chiefs of Staff.

.

(e)

Constructive credit

Subsection (h) of such section is amended—

(1)

in paragraph (1)—

(A)

by striking accord and inserting award; and

(B)

by striking (f)(4), or (g)(2) and inserting or (f)(4); and

(2)

by striking paragraph (3).

(f)

Repeal of joint duty credit for certain joint task force assignments

Such section is further amended by striking subsection (i).

505.

Technical and conforming amendments relating to modification of joint specialty requirements

(a)

Joint duty assignments after completion of joint professional military education

Section 663 of title 10, United States Code, is amended—

(1)

in subsection (a)—

(A)

in the heading, by striking Joint specialty officers.— and inserting Joint qualified officers.—; and

(B)

by striking officer with the joint specialty and inserting designated as a joint qualified officer; and

(2)

in subsection (b)(1), by striking do not have the joint specialty and inserting are not designated as joint qualified officers.

(b)

Procedures for monitoring careers of joint officers

Section 665 of such title is amended—

(1)

in subsection (a)(l)(A), by striking officers with the joint specialty and inserting officers designated as joint qualified officers; and

(2)

in subsection (b)(1), by striking officers with the joint specialty and inserting officers designated as joint qualified officers.

(c)

Annual reports

Section 667 of such title is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (A), by striking selected for the joint specialty and inserting designated as joint qualified officers; and

(B)

in subparagraph (B), by striking selection for the joint specialty but were not selected and inserting designation as joint qualified officers but were not designated;

(2)

in paragraph (2), by striking officers with the joint specialty and inserting officers designated as joint qualified officers;

(3)

in paragraph (3), by striking selected for the joint specialty each place it appears and inserting designated as joint qualified officers;

(4)

in paragraph (4)—

(A)

in subparagraph (A), by striking selected for the joint specialty and inserting designated as joint qualified officers; and

(B)

by striking subparagraph (B) and inserting the following new subparagraph (B):

(B)

a comparison of—

(i)

the number of officers designated as joint qualified officers who had served in a joint duty assignment list billet and completed Phase II joint professional military education; with

(ii)

the number of officers designated as joint qualified officers based on their aggregated joint experiences and completion of Phase II joint professional military education.

;

(5)

by striking paragraph (16);

(6)

by redesignating paragraphs (5) through (15) as paragraphs (6) through (16), respectively;

(7)

by inserting after paragraph (4) the following new paragraph (5):

(5)

The promotion rate for officers from within the promotion zone who are designated as joint qualified officers compared with the promotion rate for other officers considered for promotion from within the promotion zone in the same pay grade and the same competitive category, shown for all officers of the armed force and for officers of the armed force concerned designated as joint qualified officers.

;

(8)

in paragraph (7), as redesignated by paragraph (6) of this subsection—

(A)

by striking officers with the joint specialty and inserting officers designated as joint qualified officers; and

(B)

by striking paragraph (5) and inserting paragraph (6);

(9)

in paragraph (8), as so redesignated, by striking paragraph (5) and inserting paragraph (6);

(10)

in paragraph (9), as so redesignated—

(A)

by striking officers with the joint specialty and inserting officers designated as joint qualified officers; and

(B)

by striking paragraph (5) and inserting paragraph (6);

(11)

in paragraph (10), as so redesignated—

(A)

by striking officers with the joint specialty and inserting officers designated as joint qualified officers; and

(B)

by striking paragraph (5) and inserting paragraph (6);

(12)

in paragraph (11), as so redesignated, by striking selection for the joint specialty and inserting designation as joint qualified officers;

(13)

in paragraph (14), as so redesignated—

(A)

by striking paragraphs (5) through (9) and inserting paragraphs (6) through (10); and

(B)

by striking having the joint specialty and inserting designated as joint qualified officers;

(14)

by redesignating paragraph (18) as paragraph (19); and

(15)

by inserting after paragraph (17) the following new paragraph (18):

(18)

The number of officers in the grade of captain or above, or in the case of the Navy, lieutenant or above, certified at each level of joint qualification, with such numbers to be set forth separated for each armed force and for each covered grade of officer within each armed force.

.

506.

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

(a)

Eligibility

Section 1187 of title 10, United States Code, is amended—

(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.

507.

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

(a)

Grade of Staff Judge Advocate to the Commandant of the Marine Corps

Section 5046(a) of title 10, United States Code, is amended by striking the last sentence and inserting the following new sentence: The Staff Judge Advocate to the Commandant of the Marine Corps, while so serving, has the grade of major general..

(b)

Exclusion from general officer distribution limitations

Section 525(a) of such title is amended—

(1)

by inserting (1) after (a); and

(2)

by adding at the end the following new paragraph:

(2)

An officer while serving in the position of Staff Judge Advocate to the Commandant of the Marine Corps under section 5046 of this title is in addition to the number that would otherwise be permitted for the Marine Corps for officers in grades above the brigadier general under the first sentence of paragraph (1).

.

508.

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

Section 9331(b)(4) of title 10, United States Code, is amended by striking 21 permanent professors and inserting 25 permanent professors.

509.

Service creditable toward retirement for thirty years or more of service of regular warrant officers other than regular Army warrant officers

Section 1305 of title 10, United States Code, is amended—

(1)

in subsection (a), A regular warrant officer and inserting A regular Army warrant officer;

(2)

by redesignating subsections (b) and (c) as subsections (c), and (d), respectively;

(3)

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

(b)

A regular warrant officer (other than a regular Army warrant officer) who has at least 30 years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended, may be retired 60 days after the date on which he completes that service, except as provided by section 8301 of title 5.

; and

(4)

in subsections (c) and (d), as redesignated by paragraph (2), by inserting or (b) after subsection (a).

510.

Modification of requirements for qualification for issuance of posthumous commissions and warrants

(a)

Posthumous commissions

Section 1521 of title 10, United States Code, is amended—

(1)

in subsection (a), by striking in line of duty each place it appears; and

(2)

by adding at the end the following new subsection:

(c)

A commission issued under subsection (a) shall require a certification by the Secretary of the military department concerned that at the time of death the member was qualified for appointment to the next higher grade.

.

(b)

Posthumous warrants

Section 1522 of such title is amended—

(1)

in subsection (a), by striking in line of duty; and

(2)

by adding at the end the following new subsection:

(c)

A warrant issued under subsection (a) shall require a finding by the Secretary of the military department concerned that at the time of death the member was qualified for appointment to the next higher grade.

.

(c)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to deaths of members of the Armed Forces occurring on or after that date.

B

Enlisted Personnel Policy

521.

Increase in maximum period of reenlistment of regular members of the Armed Forces

(a)

Increase in maximum period

Section 505(d) of title 10, United States Code, is amended—

(1)

in paragraph (2), by striking six years and inserting eight years; and

(2)

in paragraph (3)(A), by striking six years and inserting eight years.

(b)

Conforming amendment relating to payment of reenlistment bonus

Section 308(a)(2)(A)(ii) of title 37, United States Code, is amended by striking six and inserting eight.

C

Reserve Component Management

531.

Modification of limitations on authorized strengths of reserve general and flag officers in active status

(a)

Exclusion of army and air force officers serving in joint duty assignments

Subsection (b) of section 12004 of title 10, United States Code, is amended by adding at the end the following new paragraph;

(4)

Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the armed force concerned by subsection (a).

.

(b)

Exclusion of navy officers serving in joint duty assignments

Subsection (c) of such section is amended—

(1)

by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and

(2)

by striking the matter in paragraph (1) before the matter relating to line corps and inserting the following:

(1)

The following Navy reserve officers shall not be counted for purposes of this section:

(A)

Those counted under section 526 of this title.

(B)

Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Navy in subsection (a).

(2)

Of the number of Navy reserve officers authorized by subsection (a), 40 are distributed among the line and staff corps as follows:

.

532.

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

Section 10216(f) of title 10, United States Code, is amended by inserting and the Secretary of the Air Force after Secretary of the Army.

533.

Increase in mandatory retirement age for certain Reserve officers to age 62

(a)

Selective Service and United States property and fiscal officers

Section 12647 of title 10, United States Code, is amended by striking 60 years and inserting 62 years.

(b)

Headquarters and Reserve technician officer personnel

(1)

In general

Subsection (b) of section 14702 of such title is amended—

(A)

in the subsection caption, by striking age 60 and inserting age 62; and

(B)

by striking 60 years and inserting 62 years.

(2)

Conforming amendment

The heading of such section is amended to read as follows:

14702.

Retention on reserve active-status list of certain officers until age 62

.

(3)

Clerical amendment

The table of sections at the beginning of chapter 1409 of such title is amended by striking the item relating to section 14702 and inserting the following new item:

14702. Retention on reserve active-status list of certain officers until age 62.

.

534.

Authority for vacancy promotion of National Guard and Reserve officers ordered to active duty in support of a contingency operation

Section 14317 of title 10, United States Code, is amended—

(1)

in subsection (d)—

(A)

by inserting (1) before Except as provided in subsection (e); and

(B)

by striking unless in the first sentence and all that follows through the end of the subsection and inserting “unless the officer—

(A)

is ordered to active duty as a member of the unit in which the vacancy exists when that unit is ordered to active duty; or

(B)

has been ordered to or is serving on active duty in support of a contingency operation.

(2)

If the name of an officer is removed under paragraph (1) from a list of officers recommended for promotion, the officer shall be treated as if the officer had not been considered for promotion or examined for Federal recognition.

; and

(2)

in subsection (e)(1)(B), by inserting or by examination for Federal recognition under title 32 after this title.

535.

Authority for retention of reserve component chaplains and medical officers until age 68

(a)

Reserve chaplains and medical officers

Section 14703(b) of title 10, United States Code, is amended by striking 67 years and inserting 68 years.

(b)

National Guard chaplains and medical officers

Section 324(a) of title 32, United States Code, is amended—

(1)

in paragraph (1), by striking or at the end;

(2)

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

(3)

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

(2)

in the case of a chaplain or medical officer, he becomes 68 years of age; or

.

536.

Modification of authorities on dual duty status of National Guard officers

(a)

Dual duty status authorized for any officer on active duty

Subsection (a)(2) of section 325 of title 32, United States Code, is amended by striking in command of a National Guard unit.

(b)

Advance authorization and consent to dual duty status

Such section is further amended—

(1)

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

(2)

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

(b)

Advance authorization and consent

The President and the Governor of a State or Territory, or of the Commonwealth of Puerto Rico, or the commanding general of the District of Columbia National Guard, as applicable, may give the authorization or consent required by subsection (a)(2) with respect to an officer in advance for the purpose of establishing the succession of command of a unit.

.

537.

Modification of matching fund requirements under National Guard Youth Challenge Program

(a)

In general

Subsection (d) of section 509 of title 32, United States Code, is amended to read as follows:

(d)

Matching funds required

(1)

The amount of assistance provided by the Secretary of Defense to a State program of the Program for a fiscal year under this section may not exceed 60 percent of the costs of operating the State program during that fiscal year.

(2)

The limitation in paragraph (1) may not be construed as a limitation on the amount of assistance that may be provided to a State program of the Program for a fiscal year from sources other than the Department of Defense.

.

(b)

Effective date

The amendment made by subsection (a) shall take effect on October 1, 2008, and shall apply with respect to fiscal years beginning on or after that date.

538.

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

Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability, utility, and cost effectiveness of the following:

(1)

The collection by the Department of Defense of information on the civilian skills, qualifications, and professional certifications of members of the reserve components of the Armed Forces that are relevant to military manpower requirements.

(2)

The establishment by each military department, and by the Department of Defense generally, of a system that would match billets and personnel requirements with members of the reserve components of the Armed Forces who have skills, qualifications, and certifications relevant to such billets and requirements.

(3)

The establishment by the Department of Defense of one or more systems accessible by private employers who employ individuals with skills, qualifications, and certifications possessed by members of the reserve components of the Armed Forces to assist such employers in hiring and employing such members.

(4)

Actions to ensure that employment information collected for and maintained in the Civilian Employment Information database of the Department of Defense is current and accurate.

(5)

Actions to incorporate any matter determined feasible and advisable under paragraphs (1) through (4) into the Defense Integrated Military Human Resources System.

D

Education and Training

551.

Authority to prescribe the authorized strength of the United States Naval Academy

(a)

In general

Section 6954 of title 10, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking 4,000 or such higher number and inserting 4,400 or such lower number; and

(B)

by striking under subsection (h); and

(2)

by striking subsection (h).

(b)

Effective date

The amendments made by subsection (a) shall apply with respect to academic years at the United States Naval Academy after the 2007–2008 academic year.

552.

Tuition for attendance of certain individuals at the United States Air Force Institute of Technology

Section 9314(c) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

(4)
(A)

The Institute shall charge tuition for the cost of instruction at the Institute for individuals described in subparagraph (B).

(B)

The individuals described in this subparagraph are any individuals, including civilian employees of the military departments other than the Air Force, of other components of the Department of Defense, and of other Federal agencies, receiving instruction at the Institute.

(C)

The cost of any tuition charged an individual under this paragraph shall be borne by the department, agency, or component sending the individual for instruction at the Institute.

(5)

Amounts received by the Institute for the instruction of students under this subsection shall be retained by the Institute and available to the Institute to cover the costs of such instruction. The source and disposition of such amounts shall be specifically identified in the records of the Institute.

.

553.

Increase in stipend for baccalaureate students in nursing or other health professions under health professions stipend program

Section 16201 of title 10, United States Code, is amended—

(1)

in subsection (e)(2)(A), by striking of $100 per month and inserting , in an amount determined under subsection (f),; and

(2)

in subsection (f), by striking subsection (b) or (c) and inserting subsection (b), (c), or (e).

554.

Clarification of discharge or release triggering delimiting period for use of educational assistance benefit for reserve component members supporting contingency operations and other operations

Section 16164(a)(2) of title 10, United States Code, is amended by striking other than dishonorable conditions and inserting honorable conditions.

555.

Payment by the service academies of certain expenses associated with participation in activities fostering international cooperation

(a)

In general

Chapter 101 of title 10, United States Code, is amended by adding the following new section:

2016.

Service academies: payment of expenses of foreign visitors for international cooperation; expenses of cadets and midshipmen in certain travel or study abroad

(a)

Payment of expenses of certain foreign visitors

The Superintendent of the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy may, if such Superintendent considers it necessary in the interests of international cooperation, pay the following:

(1)

Travel, subsistence, and special compensation of officers, students, and representatives of foreign countries visiting the service academy concerned.

(2)

Other hosting and entertainment expenses in connection with foreign visitors to the service academy concerned.

(b)

Per diem for cadets and midshipmen traveling or studying abroad

A cadet at the United States Military Academy or the United States Air Force Academy, and a midshipman at the United States Naval Academy, who travels or studies abroad in a program to enhance language skills or cultural understanding may be paid per diem in connection with such travel or study at a rate lower than the rate authorized by the Joint Federal Travel Regulations if the Superintendent of the service academy concerned determines that payment of per diem at such lower rate is in the best interest of the United States.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 101 of such title is amended by adding at the end the following new item:

2016. Service academies: payment of costs of foreign visitors for international cooperation; expenses of cadets and midshipmen in certain travel or study abroad.

.

E

Defense Dependents' Education Matters

561.

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

(a)

Assistance to schools with significant numbers of military dependent students

Of the amount authorized to be appropriated for fiscal year 2009 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $30,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b).

(b)

Assistance to schools with enrollment changes due to base closures, force structure changes, or force relocations

Of the amount authorized to be appropriated for fiscal year 2009 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $10,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572.

(c)

Local educational agency defined

In this section, the term local educational agency has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

562.

Impact aid for children with severe disabilities

Of the amount authorized to be appropriated for fiscal year 2009 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).

563.

Transition of military dependent students among local educational agencies

Subsection (d) of section 574 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2227; 20 U.S.C. 7703b note) is amended to read as follows:

(d)

Transition of military dependents among local educational agencies

(1)

The Secretary of Defense shall work collaboratively with the Secretary of Education in any efforts to ease the transitions of military dependent students from Department of Defense dependent schools to other schools and among schools of local educational agencies.

(2)

The Secretary of Defense may use funds of the Department of Defense Education Activity for purposes as follows:

(A)

To share expertise and experience of the Activity with local educational agencies as military dependent students make the transitions described in paragraph (1), including transitions resulting from the closure or realignment of military installations under a base closure law, global rebasing, and force restructuring.

(B)

To provide programs for local educational agencies with military dependent students undergoing the transitions described in paragraph (1), including programs for training for teachers and access to distance learning courses for military dependent students who attend public schools in the United States.

.

F

Military Family Readiness

571.

Authority for education and training for military spouses pursuing portable careers

Section 1784 of title 10, United States Code, is amended by inserting at the end the following new subsection:

(h)

Education and training for military spouses pursuing portable careers

(1)

The Secretary of Defense may carry out programs to provide or make available to eligible spouses of members of the armed forces education and training to facilitate the pursuit by such eligible spouses of a portable career.

(2)

In carrying out programs under this subsection, the Secretary may provide assistance utilizing funds available to carry out this section in accordance with such regulations as the Secretary shall prescribe for purposes of this subsection.

(3)

In this subsection:

(A)
(i)

The term eligible spouse means any person married to a member of the armed forces on active duty.

(ii)

The term does not include the following:

(I)

Any person who is married to, but legally separated from, a member of the armed forces under court order or statute of any State or possession of the United States.

(II)

Any person who is a member of the armed forces.

(B)

The term portable career includes an occupation identified by the Secretary of Defense, in consultation with the Secretary of Labor, as requiring education and training that results in a credential that is recognized nationwide by industry or specific businesses.

.

G

Other Matters

581.

Department of Defense policy on the prevention of suicides by members of the Armed Forces

(a)

Policy required

Not later than August 1, 2009, the Secretary of Defense shall develop a comprehensive policy designed to prevent suicide by members of the Armed Forces.

(b)

Purposes

The purposes of the policy required by this section shall be as follows:

(1)

To ensure that investigations, analyses, and appropriate data collection can be conducted, across the military departments, on the causes and factors surrounding suicides by members of the Armed Forces.

(2)

To develop effective strategies and policies for the education of members of the Armed Forces to assist in preventing suicides and suicide attempts by members of the Armed Forces.

(c)

Elements

The policy required by this section shall include, but not be limited to, the following:

(1)

Requirements for investigations and data collection in connection with suicides by members of the Armed Forces.

(2)

A requirement for the appointment by the appropriate military authority of a separate investigating officer to conduct an administrative investigation into each suicide by a member of the Armed Forces in accordance with the requirements specified under paragraph (1).

(3)

Requirements for minimum information to be determined under each investigation pursuant to paragraph (2), including, but not limited to, the following:

(A)

Any mental illness or other mental health condition, including Post Traumatic Stress Disorder (PTSD), of the member of the Armed Forces concerned at the time of the completion of suicide.

(B)

Any other illness or injury of the member at the time of the completion of suicide.

(C)

Any receipt of health care services, including mental health care services, by the member before the completion of suicide.

(D)

Any utilization of prescription drugs by the member before the completion of suicide.

(E)

The number, frequency, and dates of deployment of the member.

(F)

The military duty assignment of the member at the time of the completion of suicide.

(G)

Any observations by family members, health care providers, medical care managers, and other members of the Armed Forces of any symptoms of depression, anxiety, alcohol or drug abuse, or other relevant behavior in the member before the completion of suicide.

(H)

The results of a psychological autopsy of the member, if conducted.

(4)

A requirement for a report from each administrative investigation conducted pursuant to paragraph (2) which shall set forth the findings and recommendations resulting from such investigation.

(5)

Procedures for the protection of the confidentiality of information contained in each report on an investigation pursuant to paragraph (4).

(6)

A requirement that the Deputy Chief of Staff for Personnel of the military department concerned receive and analyze each report on an investigation pursuant to paragraph (4).

(7)

The appointment by the Secretary of Defense of an appropriate official or executive agent within the Department of Defense to receive and analyze each report on an investigation pursuant to paragraph (4) in order to—

(A)

identify trends or common causal factors in suicides by members of the Armed Forces; and

(B)

advise the Secretary on means by which the suicide education and prevention strategies and programs of the military departments can respond appropriately and effectively to such trends and causal factors.

(8)

A requirement for an annual report to the Secretary of Defense by each Secretary of a military department on the following:

(A)

The results of investigations into suicide by members of the Armed Forces pursuant to paragraph (2) for each calendar year beginning with 2010.

(B)

Actions taken to improve the suicide education and prevention strategies and programs of the military departments.

(d)

Construction of investigation with other investigation requirements

The investigation of the suicide by a member of the Armed Forces under the policy required by this section shall be in addition to any other investigation of the suicide required by law, including any investigation for criminal purposes.

(e)

Report

Not later than August 1, 2009, the Secretary of the Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the policy required by this section. The report shall include—

(1)

a description of the policy; and

(2)

a plan for the implementation of the policy throughout the Department of Defense.

582.

Relief for losses incurred as a result of certain injustices or errors of the Department of Defense

(a)

Relief authorized

Chapter 3 of title 10, United States Code, is amended by inserting after section 127c, as added by section 1201 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2410), the following new section:

127e.

Relief for losses incurred as a result of certain injustices or errors of the Department of Defense

(a)

Relief authorized

Under regulations prescribed by the Secretary of Defense, the Secretary of Defense or the Secretary of the military department concerned may, upon a determination that a member or former member of the armed forces has suffered imprisonment as a result of an injustice or error of the Department of Defense or any of its employees acting in an official capacity following conviction by a court-martial, provide such relief on account of such error as such Secretary determines equitable and fair, including the payment of moneys to any person whom such Secretary determines is entitled to such moneys.

(b)

Payment as a matter of sole discretion

The payment of any moneys under this section is within the sole discretion of the Secretary of Defense and the Secretaries of the military departments.

(c)

Payment of interest

The authority to pay moneys under this section includes the authority to pay interest on such moneys in amounts calculated in accordance with the regulations required under subsection (a).

(d)

Funds

Amounts for the payment of moneys and interest under this section shall be derived from amounts available to the Secretary of Defense or the Secretary of the military department concerned for the payment of emergency and extraordinary expenses under section 127 of this title.

(e)

Annual reports

Each annual report of the Secretary of Defense under section 127(d) of this title shall include a description of the disposition of each request for relief under this section during the fiscal year covered by such report, including a statement of the amount paid with respect to each finding of injustice or error warranting payment under this section during such fiscal year.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 3 of such title is amended by inserting after the item relating to section 127c, as so added, the following new item:

127e. Relief for losses incurred as a result of certain injustices or errors of the Department of Defense.

.

583.

Paternity leave for members of the Armed Forces

(a)

Leave authorized

Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection:

(j)
(1)

Under regulations prescribed by the Secretary of Defense, a member of the armed forces on active duty who is the husband of a woman who gives birth to a child may be given up to 21 days of leave to be used in connection with the birth of the child.

(2)

Leave under paragraph (1) is in addition to other leave authorized under the provisions of this section.

.

(b)

Effective date

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply only with respect to children born on or after that date.

584.

Enhancement of authorities on participation of members of the Armed Forces in international sports competitions

(a)

In general

Section 717 of title 10, United States Code, is amended—

(1)

in subsection (a)(1), by striking and the Olympic Games and inserting the Olympic Games, and the Military World Games;

(2)

in subsection (b), by striking subsections (c) and (d) and inserting subsections (c) and (e);

(3)

in subsection (c)—

(A)

in paragraph (1)—

(i)

by striking $3,000,000 and inserting $6,000,000; and

(ii)

by striking October 1, 1980 and inserting October 1, 2008; and

(B)

in paragraph (2)—

(i)

by striking $100,00 and inserting $200,000; and

(ii)

by striking October 1, 1980 and inserting October 1, 2008;

(4)

by redesignating subsection (d) as subsection (e); and

(5)

by inserting after subsection (c) the following new subsection (d):

(d)
(1)

The Secretary of Defense may plan for the following:

(A)

The participation by military personnel in international sports activities and competitions as authorized by subsection (a).

(B)

The hosting of military international sports activities, competitions, and events such as the Military World Games.

(2)

Planning and other activities associated with hosting of international sports activities, competitions, and events under this subsection shall, to the maximum extent possible, be funded using appropriations available to the Department of Defense .

.

(b)

Report on planning for international sports activities, competitions, and events

(1)

Report required

Not later than October 1, 2009, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a comprehensive plan for the following:

(A)

The participation by personnel of the Department of Defense in international sports activities, competitions, and events (including the Pan American Games, the Olympic Games, the Paralympic Games, the Military World Games, other activities of the International Military Sports Council (CISM), and the Interallied Confederation of Reserve Officers (CIOR)) through fiscal year 2015.

(B)

The hosting by the Department of Defense of military international sports activities, competitions, and events through fiscal year 2015.

(2)

Elements

The report required by paragraph (1) shall include the following:

(A)

A discussion of the military international sports activities, competitions, and events that the Department of Defense intends to seek to host, an estimate of the costs of hosting such activities, competitions, and events that the Department intends to seek to host, and a description of the sources of funding for such costs.

(B)

A discussion of the use and replenishment of funds in the account in the Treasury for the Support for International Sporting Competitions for the hosting of such activities, competitions, and events that the Department intends to seek to host.

(C)

A discussion of the support that may be obtained from other departments and agencies of the Federal Government, State and local governments, and private entities in encouraging participation of members of the Armed Forces in international sports activities, competitions, and events or in hosting of military international sports activities, competitions, and events.

(D)

Such recommendations for legislative or administrative action as the Secretary considers appropriate to implement or enhance planning for the matters described in paragraph (1).

(c)

Effective date

The amendments made by subsection (a) shall take effect on October 1, 2008.

585.

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

(a)

Pilot programs authorized

(1)

In general

Each Secretary of a military department may carry out a pilot program under which officers and enlisted members of the regular components of the Armed Forces under the jurisdiction of such Secretary may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty.

(2)

Purpose

The purpose of the pilot programs under this section shall be to evaluate whether permitting inactivation from active duty and greater flexibility in career paths for members of the Armed Forces will provide an effective means to enhance retention of members of the Armed Forces and the capacity of the Department of Defense to respond to the personal and professional needs of individual members of the Armed Forces.

(b)

Limitation on eligible members

A member of the Armed Forces is not eligible to participate in a pilot program under this section during any period of service required of the member due to receipt of the following:

(1)

An accession bonus for medical officers in critically short wartime specialties under section 302k of title 37, United States Code.

(2)

An accession bonus for dental specialists in critically short wartime specialties under section 302l of title 37, United States Code.

(3)

A retention bonus for members qualified in critical military skills or assigned to high priority units under section 355 of title 37, United States Code.

(c)

Limitation on number of members

Not more than 20 officers and 20 enlisted members of an Armed Force may participate in a pilot program under this section at any one time.

(d)

Limitation on period of inactivation from active duty

The period of inactivation from active duty under the pilot program under this section of a member participating in the pilot program shall be such period as the Secretary concerned shall specify in the agreement of the member under subsection (e), except that such period may not exceed three years.

(e)

Agreement

Each member of the Armed Forces who participates in a pilot program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows:

(1)

To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of the Armed Force concerned during the period of the member's inactivation from active duty under the pilot program.

(2)

To undergo during the period of the inactivation of the member from active duty under the pilot program such inactive duty training as the Secretary concerned shall require in order to ensure that the member retains appropriate proficiency in the member's military skills, professional qualifications, and physical readiness during the inactivation of the member from active duty.

(3)

Following completion of the period of the inactivation of the member from active duty under the pilot program, to serve two months as a member of the Armed Forces on active duty for each month of the period of the inactivation of the member from active duty under the pilot program.

(f)

Order to active duty

Under regulations prescribed by the Secretary of the military department concerned, a member of the Armed Forces participating in a pilot program under this section may, in the discretion of such Secretary, be required to terminate participation in the pilot program and be ordered to active duty.

(g)

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)

Special and incentive pays

(A)

Prohibition on receipt during participation

A member who participates in a pilot program shall not, while participating in the pilot program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37, United States Code, that is in force when the member commences participation in the pilot program.

(B)

Treatment of required service

The inactivation from active duty of a member participating in a pilot program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37, United States Code, that is in force when the member commences participation in the pilot program.

(C)

Revival of special pays upon return to active duty

Subject to subparagraph (D), upon the return of a member to active duty after completion by the member of participation in a pilot program—

(i)

any agreement entered into by the member under chapter 5 of title 37, United States Code, for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the pilot program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the pilot program; and

(ii)

any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i).

(D)

Limitations

(i)

Limitation at time of return to active duty

Subparagraph (C) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, at the time of the return of the member to active duty as described in that subparagraph—

(I)

such pay or bonus is no longer authorized by law; or

(II)

the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active duty.

(ii)

Cessation during later service

Subparagraph (C) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (C)(i), such pay or bonus ceases being authorized by law.

(E)

Repayment

A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (D)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37, United States Code.

(F)

Construction of required service

Any service required of a member under an agreement covered by this paragraph after the member returns to active duty as described in subparagraph (C) shall be in addition to any service required of the member under an agreement under subsection (e).

(3)

Certain travel and transportation allowances

(A)

In general

Subject to subparagraph (B), a member who participates in a pilot program is entitled, while participating in the pilot program, to the travel and transportation allowances authorized by section 404 of title 37, United States Code, for—

(i)

travel performed from the member's residence, at the time of release from active duty to participate in the pilot program, to the location in the United States designated by the member as his residence during the period of participation in the pilot program; and

(ii)

travel performed to the member's residence upon return to active duty at the end of the member's participation in the pilot program.

(B)

Limitation

An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.

(h)

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 concerned shall adjust the officer's date of rank in such manner as the Secretary of Defense shall prescribe in regulations for purposes of this section; and

(ii)

the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion.

(2)

Enlisted members

An enlisted member participating in a pilot program shall not be eligible for consideration for promotion during the period that—

(A)

begins on the date of the member's inactivation from active duty under the pilot program; and

(B)

ends at such time after the return of the member to active duty under the pilot program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of the pilot program.

(i)

Medical and dental care

A member participating in a pilot program under this section shall, while participating in the pilot program, be treated as a member of the Armed Forces on active duty for a period of more than 30 days for purposes of the entitlement of the member and the member's dependents to medical and dental care under the provisions of chapter 55 of title 10, United States Code.

(j)

Treatment of period of participation for purposes of retirement and related purposes

Any period of participation of a member in a pilot program under this section shall not count toward—

(1)

eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of title 10, United States Code;

(2)

computation of retired or retainer pay under chapter 71 or 1223 of title 10, United States Code; or

(3)

computation of total years of commissioned service under section 14706 of title 10, United States Code.

(k)

Reports

(1)

Interim reports

Not later than June 1 of each of 2010 and 2012, each Secretary of a military department shall submit to the congressional defense committees a report on the implementation and current status of the pilot programs conducted by such Secretary under this section.

(2)

Final report

Not later than March 1, 2015, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot programs conducted under this section.

(3)

Elements of report

Each interim report and the final report under this subsection shall include the following:

(A)

A description of each pilot program conducted under this section, including a description of the number of applicants for such pilot program and the criteria used to select individuals for participation in such pilot program.

(B)

An assessment by the Secretary concerned of the pilot programs, including an evaluation of whether—

(i)

the authorities of the pilot programs provided an effective means to enhance the retention of members of the Armed Forces possessing critical skills, talents, and leadership abilities;

(ii)

the career progression in the Armed Forces of individuals who participate in the pilot program has been or will be adversely affected; and

(iii)

the usefulness of the pilot program in responding to the personal and professional needs of individual members of the Armed Forces.

(C)

Such recommendations for legislative or administrative action as the Secretary concerned considers appropriate for the modification or continuation of the pilot programs.

(l)

Duration of program authority

The authority to conduct a pilot program authorized by this section shall commence on January 1, 2009 and expire on December 31, 2014. No member of the Armed Forces may be in a period of inactivation from active duty under the pilot program after December 31, 2014.

586.

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

Section 156(d) of title 10, United States Code, is amended—

(1)

by inserting (1) before The Legal Counsel; and

(2)

by adding at the end the following new paragraph:

(2)

No officer or employee of the Department of Defense may interfere with the ability of the Legal Counsel to give independent legal advice to the Chairman of the Joint Chiefs of Staff and to the Joint Chiefs of Staff.

.

VI

Compensation and Other Personnel Benefits

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 the fiscal year 2009 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

(b)

Increase in basic pay

Effective on January 1, 2009, the rates of monthly basic pay for members of the uniformed services are increased by 3.9 percent.

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 by striking January 1, 2009 and inserting January 1, 2010.

(c)

Accession Bonus for Registered Nurses

Section 302d(a)(1) of title 37, United States Code, is amended by striking December 31, 2008 and inserting December 31, 2009.

(d)

Incentive Special Pay for Nurse Anesthetists

Section 302e(a)(1) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(e)

Special Pay for Selected Reserve Health Professionals in Critically Short Wartime Specialties

Section 302g(e) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(f)

Accession Bonus for Dental Officers

Section 302h(a)(1) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(g)

Accession Bonus for Pharmacy Officers

Section 302j(a) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(h)

Accession Bonus for Medical Officers in Critically Short Wartime Specialties

Section 302k(f) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(i)

Accession Bonus for Dental Specialist Officers in Critically Short Wartime Specialties

Section 302l(g) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

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 bonuses and special pays

(a)

Aviation Officer Retention Bonus

Section 301b(a) of title 37, United States Code, is amended by striking December 31, 2008 and inserting December 31, 2009.

(b)

Assignment incentive pay

Section 307a(g) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(c)

Reenlistment Bonus for Active Members

Section 308(g) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(d)

Enlistment Bonus

Section 309(e) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(e)

Accession Bonus for New Officers in Critical Skills

Section 324(g) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(f)

Incentive Bonus for Conversion to Military Occupational Specialty To Ease Personnel Shortage

Section 326(g) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(g)

Accession Bonus for Officer Candidates

Section 330(f) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

(h)

Retention Bonus for Members With Critical Military Skills or Assigned to High Priority Units

Section 355(i) of such title, as redesignated by section 661(c) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181), is amended by striking December 31, 2008 and inserting December 31, 2009.

(i)

Income replacement for reserve members experiencing extended and frequent mobilizations

Section 910(g) of such title is amended by striking December 31, 2008 and inserting December 31, 2009.

615.

Extension of authorities relating to payment of referral bonuses

(a)

Health professions referral bonus

Subsection (i) of section 1030 of title 10, United States Code, as added by section 671(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181), is amended by striking December 31, 2008 and inserting December 31, 2009.

(b)

Army referral bonus

Subsection (h) of section 3252 of title 10, United States Code, as added by section 671(a) of the National Defense Authorization Act for Fiscal Year 2008, is amended by striking December 31, 2008 and inserting December 31, 2009.

616.

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

Section 402(h) of title 37, United States Code, is amended—

(1)

in paragraph (1), by striking during any month covered by paragraph (3); and

(2)

by striking paragraph (3).

617.

Accession and retention bonuses for the recruitment and retention of psychologists for the Armed Forces

(a)

Multiyear retention bonus for psychologists

(1)

In general

Chapter 5 of title 37, United States Code, is amended by inserting after section 301e the following new section:

301f.

Multiyear retention bonus: psychologists of the armed forces

(a)

Bonus authorized

An officer described in subsection (c) who executes a written agreement to remain on active duty for up to four years after completion of any other active-duty service commitment may, upon acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section.

(b)

Maximum amount of bonus

The amount of a retention bonus under subsection (a) may not exceed $25,000 for each year of the agreement of the officer concerned.

(c)

Eligible officers

An officer described in this subsection is an officer of the armed forces who—

(1)

is a psychologist of the armed forces;

(2)

is in a pay grade below pay grade O–7;

(3)

has at least eight years of creditable service (computed as described in section 302b(f) of this title) or has completed any active-duty service commitment incurred for psychology education and training;

(4)

has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into an agreement under subsection (a)); and

(5)

holds a valid State license to practice as a doctoral level psychologist.

(d)

Repayment

An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 301e the following new item:

301f. Multiyear retention bonus: psychologists of the armed forces.

.

(b)

Accession bonus for psychologists

(1)

In general

Chapter 5 of title 37, United States Code, is amended by inserting after section 302l the following new section:

302m.

Special pay: accession bonus for psychologists

(a)

Accession bonus authorized

A person described in subsection (b) who executes a written agreement described in subsection (e) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four consecutive years may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary concerned.

(b)

Eligible persons

A person described in this section is any person who—

(1)

is a graduate of an accredited school of psychology; and

(2)

holds a valid State license to practice as a doctoral level psychologist.

(c)

Maximum amount of bonus

The amount of an accession bonus under subsection (a) may not exceed $400,000.

(d)

Limitation on eligibility

A person may not be paid a bonus under subsection (a) if—

(1)

the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in psychology; or

(2)

the Secretary concerned determines that the person is not qualified to become and remain certified as a psychologist.

(e)

Agreement

The agreement referred to in subsection (a) shall provide that, consistent with the needs of the armed force concerned, the person executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of such armed force as a psychologist.

(f)

Repayment

A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become licensed as a psychologist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.

(g)

Termination of authority

No agreement under this section may be entered into after December 31, 2009.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 302l the following new item:

302m. Special pay: accession bonus for psychologists.

.

(c)

Effective date

The amendments made by this section shall take effect on October 1, 2008.

618.

Authority for extension of maximum length of service agreements for special pay for nuclear-qualified officers extending period of active service

Section 312(a)(3) of section 312 of title 37, United States Code, is amended by striking three, four, or five years and inserting not less than three years.

619.

Incentive pay for members of precommissioning programs pursuing foreign language proficiency

(a)

Incentive pay authorized

(1)

In general

Chapter 5 of title 37, United States Code, is amended by inserting after section 316 the following new section:

316a.

Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiency

(a)

Incentive pay

The Secretary of Defense may pay incentive pay under this section to an individual who—

(1)

is enrolled as a member of the Senior Reserve Officers' Training Corps or the Marine Corps Platoon Leaders Class, as determined in accordance with regulations prescribed by the Secretary of Defense under subsection (e); and

(2)

participates in a language immersion program approved for purposes of the Senior Reserve Officers' Training Corps, or in study abroad, or is enrolled in an academic course that involves instruction in a foreign language of strategic interest to the Department of Defense as designated by the Secretary of Defense for purposes of this section.

(b)

Period of payment

Incentive pay is payable under this section to an individual described in subsection (a) for the period of the individual's participation in the language program or study described in paragraph (2) of that subsection.

(c)

Amount

The amount of incentive pay payable to an individual under this section may not exceed $3,000 per year.

(d)

Repayment

An individual who is paid incentive pay under this section but who does not satisfactorily complete participation in the individual's language program or study as described in subsection (a)(2), or who does not complete the requirements of the Senior Reserve Officers' Training Corps or the Marine Corps Platoon Leaders Class, as applicable, shall be subject to the repayment provisions of section 303a(e) of this title.

(e)

Regulations

This section shall be administered under regulations prescribed by the Secretary of Defense.

(f)

Reports

Not later than January 1, 2010, and annually thereafter through 2014, the Secretary of Defense shall submit to the Director of the Office of Management and Budget, and to Congress, a report on the payment of incentive pay under this section during the preceding fiscal year. Each report shall include, for the fiscal year covered by such report, the following:

(1)

The number of individuals paid incentive pay under this section, the number of individuals commencing receipt of incentive pay under this section, and the number of individuals ceasing receipt of incentive pay under this section.

(2)

The amount of incentive pay paid to individuals under this section.

(3)

The aggregate amount recouped under section 303a(e) of this title in connection with receipt of incentive pay under this section.

(4)

The languages for which incentive pay was paid under this section, including the total amount paid for each such language.

(5)

The effectiveness of incentive pay under this section in assisting the Department of Defense in securing proficiency in foreign languages of strategic interest to the Department of Defense, including a description of how recipients of pay under this section are assigned and utilized following completion of the program of study.

(g)

Termination of authority

No incentive pay may be paid under this section after December 31, 2013.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 316 the following new item:

316a. Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiency.

.

(b)

Effective date

The amendments made by this section shall take effect on October 1, 2008.

C

Travel and Transportation Allowances

631.

Shipment of family pets during evacuation of personnel

Section 406(b)(1) of title 37, United States Code, is amended by adding at the end the following new subparagraph:

(H)
(i)

Except as provided in paragraph (2) and subject to clause (iii), in connection with an evacuation from a permanent station located in a foreign area, a member is entitled to transportation (including shipment and payment of any quarantine costs) of not more than two family household pets.

(ii)

A member entitled to transportation under clause (i) may be paid reimbursement or, at the member's request, a monetary allowance in accordance with the provisions of subparagraph (F) if the member secures by commercial means shipment and any quarantining of the pets otherwise subject to transportation under clause (i).

(iii)

The provision of transportation under clause (i) and the payment of reimbursement under clause (ii) shall be subject to such regulations as the Secretary of Defense shall prescribe with respect to members of the armed forces for purposes of this subparagraph. Such regulations may specify limitations on the types or size of pets for which transportation may be so provided or reimbursement so paid.

.

632.

Special weight allowance for transportation of professional books and equipment for spouses

(a)

Special weight allowance

Section 406(b)(1)(D) of title 37, United States Code, is amended—

(1)

by inserting (i) after (D);

(2)

in the second sentence of clause (i), as so redesignated, by striking this subparagraph and inserting this clause;

(3)

by redesignating the last sentence as clause (iii) and indenting the margin of such clause, as so designated, two ems from the left margin; and

(4)

by inserting after clause (i), as redesignated by paragraph (2), the following new clause:

(ii)

In addition to the weight allowance authorized for such member with dependents under paragraph (C), the Secretary concerned may authorize up to an additional 500 pounds in weight allowance for shipment of professional books and equipment belonging to the spouse of such member.

.

(b)

Effective date

The amendments made by subsection (a) shall take effect on October 1, 2009, and shall apply with respect to shipment provided on or after that date.

633.

Travel and transportation allowances for members of the reserve components of the Armed Forces on leave for suspension of training

(a)

Allowances authorized

(1)

In general

Chapter 7 of title 37, United States Code, is amended by inserting after section 411j the following new section:

411k.

Travel and transportation allowances: travel performed by certain members of the reserve components of the armed forces in connection with leave for suspension of training

(a)

Allowance authorized

The Secretary concerned may reimburse or provide transportation to a member of a reserve component of the armed forces on active duty for a period of more than 30 days who is performing duty at a temporary duty station for travel between the member's temporary duty station and the member's permanent duty station in connection with authorized leave pursuant to a suspension of training.

(b)

Minimum distance between stations

A member may be paid for or provided transportation under subsection (a) only as follows:

(1)

In the case of a member who travels between a temporary duty station and permanent duty station by air transportation, if the distance between such stations is not less than 300 miles.

(2)

In the case of a member who travels between a temporary duty station and permanent duty station by ground transportation, if the distance between such stations is more than the normal commuting distance from the permanent duty station (as determined under the regulations prescribed under subsection (e)).

(c)

Minimum period of suspension of training

A member may be paid for or provided transportation under subsection (a) only in connection with a suspension of training covered by that subsection that is five days or more in duration.

(d)

Limitation on reimbursement

The amount a member may be paid under subsection (a) for travel may not exceed the amount that would be paid by the government (as determined under the regulations prescribed under subsection (e)) for the least expensive means of travel between the duty stations concerned.

(e)

Regulations

The Secretary concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 411j the following new item:

411k. Travel and transportation allowances: travel performed by certain members of the reserve components of the armed forces in connection with leave for suspension of training.

.

(b)

Effective date

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to travel that occurs on or after that date.

D

Retired Pay and Survivor Benefits

641.

Presentation of burial flag to the surviving spouse and children of members of the Armed Forces who die in service

Section 1482(a) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

(12)

Presentation of a flag of equal size to the flag presented under paragraph (10) to the surviving spouse (regardless of whether the surviving spouse remarries after the decedent's death), if the person to be presented the flag under paragraph (10) is other than the surviving spouse.

(13)

Presentation of a flag of equal size to the flag presented under paragraph (10) to each child, regardless of whether the person to be presented a flag under paragraph (10) is a child of the decedent. For purposes of this paragraph, the term child has the meaning prescribed by section 1477(d) of this title

.

642.

Repeal of requirement of reduction of SBP survivor annuities by dependency and indemnity compensation

(a)

Repeal

(1)

In general

Subchapter II of chapter 73 of title 10, United States Code, is amended as follows:

(A)

In section 1450, by striking subsection (c).

(B)

In section 1451(c)—

(i)

by striking paragraph (2); and

(ii)

by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

(2)

Conforming amendments

Such subchapter is further amended as follows:

(A)

In section 1450—

(i)

by striking subsection (e);

(ii)

by striking subsection (k); and

(iii)

by striking subsection (m).

(B)

In section 1451(g)(1), by striking subparagraph (C).

(C)

In section 1452—

(i)

in subsection (f)(2), by striking does not apply— and all that follows and inserting does not apply in the case of a deduction made through administrative error.; and

(ii)

by striking subsection (g).

(D)

In section 1455(c), by striking , 1450(k)(2),.

(b)

Prohibition on Retroactive Benefits

No benefits may be paid to any person for any period before the effective date provided under subsection (f) by reason of the amendments made by subsection (a).

(c)

Prohibition on recoupment of certain amounts previously refunded to SBP recipients

A surviving spouse who is or has been in receipt of an annuity under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, that is in effect before the effective date provided under subsection (f) and that is adjusted by reason of the amendments made by subsection (a) and who has received a refund of retired pay under section 1450(e) of title 10, United States Code, shall not be required to repay such refund to the United States.

(d)

Repeal of authority for optional annuity for dependent children

Section 1448(d) of such title is amended—

(1)

in paragraph (1), by striking Except as provided in paragraph (2)(B), the Secretary concerned and inserting The Secretary concerned; and

(2)

in paragraph (2)—

(A)

by striking Dependent children.— and all that follows through In the case of a member described in paragraph (1), and inserting Dependent children annuity when no eligible surviving spouse.—In the case of a member described in paragraph (1),; and

(B)

by striking subparagraph (B).

(e)

Restoration of eligibility for previously eligible spouses

The Secretary of the military department concerned shall restore annuity eligibility to any eligible surviving spouse who, in consultation with the Secretary, previously elected to transfer payment of such annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on the day before the effective date provided under subsection (f). Such eligibility shall be restored whether or not payment to such child or children subsequently was terminated due to loss of dependent status or death. For the purposes of this subsection, an eligible spouse includes a spouse who was previously eligible for payment of such annuity and is not remarried, or remarried after having attained age 55, or whose second or subsequent marriage has been terminated by death, divorce or annulment.

(f)

Effective Date

The sections and the amendments made by this section shall take effect on the later of—

(1)

the first day of the first month that begins after the date of the enactment of this Act; or

(2)

the first day of the fiscal year that begins in the calendar year in which this Act is enacted.

E

Other Matters

651.

Separation pay, transitional health care, and transitional commissary and exchange benefits for members of the Armed Forces separated under Surviving Son or Daughter policy

(a)

Availability of separation pay otherwise available for involuntary separation

(1)

In general

A member of the Armed Forces who is separated from the Armed Forces under the Surviving Son or Daughter policy of the Department of Defense before the member completes twenty years of service in the Armed Force shall be entitled to separation pay payable under section 1174 of title 10, United States Code.

(2)

No minimum service before separation

A member of the Armed Forces described in paragraph (1) who is separated from the Armed Forces as described in that paragraph is entitled to separation pay under that paragraph without regard to section 1174(c) of title 10, United States Code.

(3)

Inapplicability of requirement for service in ready reserve

Section 1174(e) of title 10, United States Code, shall not apply to a member of the Armed Forces described in paragraph (1) who is separated from the Armed Forces as described in that paragraph.

(4)

Amount of pay

The amount of the separation pay to be paid to a member pursuant to this subsection shall be based on the years of active service actually completed by the member before the member’s separation from the Armed Forces as described in paragraph (1).

(b)

Transitional health care

(1)

In general

A member of the Armed Forces who is separated from the Armed Forces under the Surviving Son or Daughter policy of the Department of Defense is entitled to health care benefits under section 1145 of title 10, United States Code, as if such member were an individual described by subsection (a)(2) of such section.

(2)

Dependents

The dependents of a member entitled to health care benefits under paragraph (1) are entitled to health care benefits in the same manner with respect to such member as dependents of members of the Armed Forces are entitled to such benefits with respect to such members under section 1145 of title 10, United States Code.

(c)

Transitional commissary and exchange benefits

A member of the Armed Forces who is separated from the Armed Forces under the Surviving Son or Daughter policy of the Department of Defense is entitled to continue to use commissary and exchange stores and morale, welfare, and recreational facilities in the same manner as a member on active duty in the Armed Forces during the two-year period beginning on the later of the following dates:

(1)

The date of the separation of the member.

(2)

The date on which the member is first notified of the members entitlement to benefits under this subsection.

(d)

Surviving Son or Daughter policy of the Department of Defense defined

In this section, the term Surviving Son or Daughter policy of the Department of Defense means the policy of the Department of Defense for the separation from the Armed Forces of a member of the Armed Forces who is a son or daughter in a family in which the father, mother, or another son or daughter—

(1)

has been killed in action or died while serving in the Armed Forces from a wound, accident, or disease;

(2)

is a member of the Armed Forces in a captured or missing-in-action status; or

(3)

has a service-connected disability rated 100 percent disabling (including a disability of 100 percent mental disability), as determined by the Secretary of Veterans Affairs or the Secretary of the military department concerned, and is not gainfully employed because of such disability.

VII

Health Care Provisions

A

TRICARE Program

701.

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

(a)

In general

Section 1076d(d)(3) of title 10, United States Code, is amended—

(1)

by inserting (A) after (3);

(2)

in subparagraph (A), as so designated, by striking the second sentence; and

(3)

by adding at the end the following new subparagraph:

(B)

The appropriate actuarial basis for purposes of subparagraph (A) shall be determined as follows:

(i)

For calendar year 2009, by utilizing the reported cost of providing benefits under this section to members and their dependents during calendar years 2006 and 2007.

(ii)

For each calendar year after calendar year 2009, by utilizing the actual cost of providing benefits under this section to members and their dependents during the calendar years preceding such calendar year.

.

(b)

Effective date

The amendments made by this section shall take effect on October 1, 2008.

B

Other Health Care Authorities

711.

Enhancement of medical and dental readiness of members of the Armed Forces

(a)

Expansion of availability of medical and dental services for reserves

(1)

Expansion of availability for reserves assigned to units scheduled for deployment within 75 days of mobilization

Subsection (d)(1) of section 1074a of title 10, United States Code, is amended by striking The Secretary of the Army shall provide to members of the Selected Reserve of the Army and inserting The Secretary concerned shall provide to members of the Selected Reserve.

(2)

Availability for certain other reserves

Such section is further amended by adding at the end the following new subsection:

(g)
(1)

The Secretary concerned may provide to any member of the Selected Reserve not described in subsection (d)(1) or (f), and to any member of the Individual Ready Reserve with a specially designated deployment responsibility, the medical and dental services specified in subsection (d)(1) if the Secretary determines that the receipt of such services by such member is necessary to ensure that the member meets applicable standards of medical and dental readiness.

(2)

Services may not be provided to a member under this subsection for a condition that is the result of the member's own misconduct.

(3)

The services provided under this subsection shall be provided at no cost to the member.

.

(3)

Funding

Such section is further amended by adding at the end the following new subsection:

(h)

Amounts available for operation and maintenance of a reserve component of the armed forces may be available for purposes of this section to ensure the medical and dental readiness of members of such reserve component.

.

(b)

Waiver of certain copayments for dental care for reserves for readiness purposes

Section 1076a(e) of such title is amended—

(1)

by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;

(2)

by striking A member or dependent and inserting (1) Except as provided pursuant to paragraph (2), a member or dependent; and

(3)

by adding at the end the following new paragraph:

(2)

During a national emergency declared by the President or Congress, the Secretary of Defense may waive, whether in whole or in part, the charges otherwise payable by a member of the Selected Reserve of the Ready Reserve or a member of the Individual Ready Reserve under paragraph (1) for the coverage of the member alone under the dental insurance plan established under subsection (a)(1) if the Secretary determines that such waiver of the charges would facilitate or ensure the readiness of a unit or individual for a scheduled deployment.

.

(c)

Report on policies and procedures in support of medical and dental readiness

(1)

In general

Not later than March 1, 2009, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the policies and procedures of the Department of Defense to ensure the medical and dental readiness of members of the Armed Forces.

(2)

Elements

The report required by paragraph (1) shall include the following:

(A)

A description of the current standards of each military department with respect to the medical and dental readiness of individual members of the Armed Forces (including members of the regular components and members of the reserve components), and with respect to the medical and dental readiness of units of the Armed Forces (including units of the regular components and units of the reserve components), under the jurisdiction of such military department.

(B)

A description of the manner in which each military department applies the standards described under subparagraph (A) with respect to each of the following:

(i)

Performance evaluation.

(ii)

Promotion.

(iii)

In the case of the members of the reserve components, eligibility to attend annual training.

(iv)

Continued retention in service in the Armed Forces.

(v)

Such other matters as the Secretary considers appropriate.

(C)

A statement of the number of members of the Armed Forces (including members of the regular components and members of the reserve components) who were determined to be not ready for deployment at any time during the period beginning on October 1, 2001, and ending on September 30, 2008, due to failure to meet applicable medical or dental standards, and an assessment of whether the unreadiness of such members for deployment could reasonably have been mitigated by actions of the members concerned to maintain individual medical or dental readiness.

(D)

A description of any actual or perceived barriers to the achievement of full medical and dental readiness in the Armed Forces (including among the regular components and the reserve components), including, but not limited to, barriers associated with the following:

(i)

Quality or cost of, or access to, medical and dental care.

(ii)

Availability of programs and incentives intended to prevent medical or dental problems.

(E)

Such recommendations for legislative or administrative action as the Secretary considers appropriate to ensure the medical and dental readiness of individual members of the Armed Forces and units of the Armed Forces, including, but not limited to, recommendations regarding the following:

(i)

The advisability of requiring that fitness reports of members of the Armed Forces include—

(I)

a statement of whether or not a member meets medical and dental readiness standards for deployment; and

(II)

in cases in which a member does not meet such standard, a statement of actions being taken to ensure that the member meets such standards and the anticipated schedule for meeting such standards.

(ii)

The advisability of establishing a mandatory promotion standard relating to individual medical and dental readiness and, in the case of a unit commander, unit medical and dental readiness.

712.

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

Section 1092(a) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

(3)

The Secretary of Defense may include in the studies and demonstration projects conducted under paragraph (1) studies and demonstration projects to provide awards and incentives to members of the armed forces and covered beneficiaries who obtain health promotion and disease prevention health care services in accordance with terms and schedules prescribed by the Secretary. Such awards and incentives may include, but are not limited to, cash awards and, in the case of members of the armed forces, personnel incentives.

(4)
(A)

The Secretary of Defense may, in consultation with the other administering Secretaries, include in the studies and demonstration projects conducted under paragraph (1) studies and demonstration projects to provide awards or incentives to individual health care professionals under the authority of such Secretaries, including members of the uniformed services, Federal civilian employees, and contractor personnel, to encourage and reward effective implementation of innovative health care programs designed to improve quality, cost-effectiveness, health promotion, medical readiness, and other priority objectives. Such awards and incentives may include, but are not limited to, cash awards and, in the case of members of the armed forces, personnel incentives.

(B)

Amounts available for the pay of members of the uniformed services shall be available for awards and incentives under this paragraph with respect to members of the uniformed services.

(5)

The Secretary of Defense may include in the studies and demonstration projects conducted under paragraph (1) studies and demonstration projects to improve the medical and dental readiness of members of reserve components of the armed forces, including the provision of health care services to such members for which they are not otherwise entitled or eligible under this chapter.

(6)

The Secretary of Defense may include in the studies and demonstration projects conducted under paragraph (1) studies and demonstration projects to improve the continuity of health care services for family members of mobilized members of the reserve components of the armed forces who are eligible for such services under this chapter, including payment of a stipend for continuation of employer-provided health coverage during extended periods of active duty.

.

713.

Travel for anesthesia services for childbirth for dependents of members assigned to very remote locations outside the continental United States

Section 1040(a) of title 10, United States Code, is amended—

(1)

by inserting (1) after (a); and

(2)

by adding at the end the following new paragraph:

(2)
(A)

For purposes of paragraph (1), required medical attention of a dependent shall include anesthesia services for childbirth for the dependent equivalent to the anesthesia services for childbirth that would be available to the dependent in military treatment facilities located in the United States.

(B)

In the case of a dependent in a remote location outside the continental United States who elects services authorized by subparagraph (A), the transportation authorized in paragraph (1) may consist of transportation to a military treatment facility providing such services that is located in the continental United States nearest to the closest port of entry into the continental United States from such remote location.

(C)

The second through sixth sentences of paragraph (1) shall apply to a dependent provided transportation under this paragraph.

(D)

Notwithstanding any other provision of this paragraph, the total cost incurred by the United States for the provision of transportation and expenses (including per diem) with respect to a dependent under this paragraph may not exceed the cost the United States would otherwise incur for the provision of transportation and expenses with respect to the dependent under paragraph (1) if the transportation and expenses were provided to the dependent under paragraph (1) rather than this paragraph.

.

C

Other Health Care Matters

721.

Repeal of prohibition on conversion of military medical and dental positions to civilian medical and dental positions

(a)

Repeal

Subsection (a) of section 721 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 198; 10 U.S.C. 129c note) is repealed.

(b)

Revival of certification and report requirements on conversion of positions

(1)

In general

The provisions of subsections (a) and (b) of section 742 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2306), as in effect on January 27, 2008 (the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008), are hereby revived.

(2)

Applicable definitions

In the discharge of subsections (a) and (b) of section 742 of the John Warner National Defense Authorization Act for Fiscal Year 2007, as revived by paragraph (1), the following definitions shall apply:

(A)

The definitions in paragraphs (1) through (4) of section 742(f) of the John Warner National Defense Authorization Act for Fiscal Year 2007, as in effect on January 27, 2008.

(B)

The definition in section 721(d)(4) of the National Defense Authorization Act for Fiscal Year 2008.

VIII

Acquisition Policy, Acquisition Management, and Related Matters

A

Provisions Relating to Major Defense Acquisition Programs

801.

Inclusion of major subprograms to major defense acquisition programs under acquisition reporting requirements

(a)

Authority To designate major subprograms as subject to acquisition reporting requirements

(1)

In general

Chapter 144 of title 10, United States Code, is amended by inserting after section 2430 following new section:

2430a.

Major subprograms

(a)

Authority To designate major subprograms as subject to acquisition reporting requirements

(1)

If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more categories of end items which differ significantly from each other in form and function, the Secretary may designate each such category of end items as a major subprogram for the purposes of acquisition reporting under this chapter.

(2)

The Secretary shall notify the congressional defense committees in writing of any proposed designation pursuant to paragraph (1) not less than 30 days before the date such designation takes effect.

(b)

Reporting requirements

If the Secretary designates a major subprogram of a major defense acquisition program in accordance with subsection (a), Selected Acquisition Reports, unit cost reports, and program baselines under this chapter shall reflect cost, schedule, and performance information—

(1)

for the major defense acquisition program as a whole; and

(2)

for each major subprogram of the major defense acquisition program so designated.

(c)

Unit costs

Notwithstanding paragraphs (1) and (2) of section 2432(a) of this title, in the case of a major defense acquisition program for which the Secretary has designated one or more major subprograms under this section for the purposes of this chapter—

(1)

the term program acquisition unit cost means the total cost for the development and procurement of, and specific military construction for, the major defense acquisition program that is reasonably allocable to each such major subprogram, divided by the relevant number of fully-configured end items to be produced under such major subprogram; and

(2)

the term procurement unit cost means the total of all funds programmed to be available for obligation for procurement for each such major subprogram, divided by the number of fully-configured end items to be procured under such major subprogram.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 144 of such title is amended by inserting after the item relating to section 2430 the following new item:

2430a. Major subprograms.

.

(b)

Conforming amendments

Chapter 144 of such title is further amended as follows:

(1)

In section 2432—

(A)

in subsection (c)—

(i)

in paragraph (1)(B)—

(I)

by inserting or designated major subprogram after for each major defense acquisition program; and

(II)

by inserting or subprogram after the program;

(ii)

in paragraph (3)(A), by inserting or designated major subprogram after for each major defense acquisition program; and

(B)

in subsection (e)—

(i)

in paragraph (3), by inserting before the period the following: for the program (or for each designated major subprogram under the program); and

(ii)

in paragraph (5), by inserting before the period the following: (or for each designated major subprogram under the program).

(2)

In section 2433—

(A)

in subsection (a)—

(i)

by striking The terms and inserting Except as provided in section 2430a(c) of this title, the terms;

(ii)

in paragraph (4)—

(I)

in subparagraphs (A) and (B), by inserting or designated major defense subprogram after major defense acquisition program; and

(II)

by inserting or subprogram after the program each place it appears; and

(iii)

in paragraph (5)—

(I)

in subparagraphs (A) and (B), by inserting or designated major defense subprogram after major defense acquisition program; and

(II)

by inserting or subprogram after the program each place it appears;

(B)

in subsection (b)—

(i)

in the matter preceding paragraph (1), by inserting (and for each designated major subprogram under the program after unit costs of the program;

(ii)

in paragraph (1), by inserting before the period the following: for the program (or for each designated major subprogram under the program);

(iii)

in paragraph (2), by inserting before the period the following: for the program (or for each designated major subprogram under the program); and

(iv)

in paragraph (5), by inserting or subprogram after the program each place it appears (other than the last place it appears);

(C)

in subsection (c)—

(i)

by striking the program acquisition unit cost for the program or the procurement unit cost for the program and inserting the program acquisition unit cost for the program (or for a designated major subprogram under the program) or the procurement unit cost for the program (or for such a subprogram); and

(ii)

by striking for the program after significant cost growth threshold;

(D)

in subsection (d)—

(i)

in paragraph (1)—

(I)

by inserting or any designated major subprogram under the program after for the program the first place it appears; and

(II)

by inserting or subprogram after the program the second place it appears;

(ii)

in paragraph (2)—

(I)

by inserting or any designated major subprogram under the program after the program the first place it appears; and

(II)

by inserting or subprogram after the program the second place it appears; and

(iii)

in paragraph (3), by striking such program and inserting the program or subprogram concerned;

(E)

in subsection (e)—

(i)

in paragraph (1)—

(I)

in subparagraph (A)—

(aa)

by inserting or designated major subprogram after major defense acquisition program; and

(bb)

by inserting or subprogram after the program; and

(II)

in subparagraph (B)—

(aa)

by inserting or designated major subprogram after major defense acquisition program; and

(bb)

by inserting or subprogram after that program;

(ii)

in paragraph (2)—

(I)

in the matter preceding subparagraph (A)—

(aa)

by inserting or designated major subprogram after major defense acquisition program; and

(bb)

by inserting or subprogram after the program;

(II)

in subparagraph (A), by inserting or subprogram after program each place it appears;

(III)

in subparagraph (B), by inserting or subprogram after such acquisition program each place it appears; and

(IV)

in subparagraph (C), by inserting or subprogram after such program; and

(iii)

in paragraph (3)—

(I)

in the matter preceding subparagraph (A)—

(aa)

by inserting or subprogram concerned after the program; and

(bb)

by inserting or designated major subprogram after major defense acquisition program; and

(II)

in subparagraphs (A) and (B), by inserting or subprogram after that program each place it appears; and

(F)

in subsection (g)—

(i)

in paragraph (1)—

(I)

in subparagraph (D), by inserting (and for each designated major subprogram under the program) after the program;

(II)

in subparagraph (E), by inserting for the program (and for each designated major subprogram under the program) after program acquisition cost;

(III)

in subparagraph (F), by inserting before the period the following: for the program (or for any designated major subprogram under the program);

(IV)

in subparagraph (J), by inserting for the program (or for each designated major subprogram under the program) after program acquisition unit cost;

(V)

in subparagraph (K), by inserting for the program (or for each designated major subprogram under the program) after procurement unit cost; and

(VI)

in subparagraph (O), by inserting before the period the following: for the program (or for any designated major subprogram under the program); and

(ii)

in paragraph (2)—

(I)

by inserting or designated major subprogram after major defense acquisition program;

(II)

by inserting or subprogram after the entire program; and

(III)

by inserting or subprogram after a program.

802.

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

(a)

Definitions

(1)

In general

Section 2445a of title 10, United States Code, is amended—

(A)

in subsection (a), by striking In general and inserting Major automated information system program; and

(B)

by adding at the end the following new subsection:

(d)

Other major information technology investment program

In this chapter, the term other major information technology investment program means the following:

(1)

An investment that is designated by the Secretary of Defense, or a designee of the Secretary, as a pre-Major Automated Information System or pre-MAIS program.

(2)

Any other investment in automated information system products or services that is expected to exceed the thresholds established in subsection (a), as adjusted under subsection (b), but is not considered to be a major automated information system program because a formal acquisition decision has not yet been made with respect to such investment.

.

(2)

Heading amendment

The heading of such section is amended to read as follows:

2445a.

Definitions

.

(3)

Clerical amendment

The table of sections at the beginning of chapter 144A of such title is amended by striking the item relating to section 2445a and inserting the following new item:

2445a. Definitions.

.

(b)

Cost, schedule, and performance information

Section 2445b of such title is amended—

(1)

in subsection (a), by inserting and each other major information technology investment program after each major automated information system program;

(2)

in subsection (b), by inserting regarding major automated information system programs after Elements; and

(3)

by adding at the end the following new subsection:

(d)

Elements regarding other major information technology investment programs

With respect to each other major information technology investment program, the information required by subsection (a) may be provided in the format that is most appropriate to the current status of the program.

.

(c)

Quarterly reports

Section 2445c of such title is amended—

(1)

in subsection (a)—

(A)

by inserting or other major information technology investment after major automated information system the first place it appears; and

(B)

by inserting or major information technology after major automated information system the second place it appears;

(2)

in subsection (b)—

(A)

by inserting or other major information technology investment after major automated information system in the matter preceding paragraph (1); and

(B)

by inserting or information technology after automated information system each place it appears in paragraphs (1) and (2);

(3)

in subsection (d)—

(A)

in paragraph (1), by inserting or other major information technology investment after major automated information system; and

(B)

in paragraph (2)—

(i)

by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and

(ii)

by striking subparagraph (A) and inserting the following new subparagraphs:

(A)

no Milestone B decision has been made after more than two years of investment in the program;

(B)

the system failed to achieve initial operational capability within three years after milestone B approval;

;

(iii)

in subparagraph (C), as redesignated by clause (i) of this subparagraph, by inserting before the semicolon the following: or section 2445b(d) of this title, as applicable;

(iv)

in subparagraph (D), as so redesignated, by inserting before the semicolon the following: or section 2445b(d) of this title, as applicable; and

(v)

in subparagraph (E), as so redesignated—

(I)

by inserting or major information technology after major automated information system; and

(II)

by inserting before the period the following: or section 2445b(d) of this title, as applicable;

(4)

in subsection (e), by inserting or other major information technology investment after major automated information system; and

(5)

in subsection (f)—

(A)

by inserting or other major information technology investment after major automated information system in the matter preceding paragraph (1);

(B)

in paragraph (1), by inserting or information technology after automated information system;

(C)

in paragraph (2), by inserting or technology after the system; and

(D)

in paragraph (3), by inserting or technology, as applicable, after the program and system.

803.

Configuration Steering Boards for cost control under major defense acquisition programs

(a)

Configuration steering boards

Each Secretary of a military department shall establish one or more boards (to be known as a Configuration Steering Board) for the major defense acquisition programs of such department.

(b)

Composition

(1)

Chair

Each Configuration Steering Board under this section shall be chaired by the service acquisition executive of the military department concerned.

(2)

Particular members

Each Configuration Steering Board under this section shall include a representative of the following:

(A)

The Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics.

(B)

The Chief of Staff of the Armed Force concerned.

(C)

The Joint Staff.

(D)

The Comptroller of the military department concerned.

(E)

The military deputy to the service acquisition executive concerned.

(F)

The program executive officer for the major defense acquisition program concerned.

(c)

Responsibilities

(1)

In general

The Configuration Steering Board for a major defense acquisition program under this section shall be responsible for the following:

(A)

Preventing unnecessary changes to program requirements and system configuration that could have an adverse impact on program cost or schedule.

(B)

Mitigating the adverse cost and schedule impact of any changes to program requirements that may be required.

(C)

Ensuring that the program delivers as much planned capability as possible, consistent with the program baseline.

(2)

Discharge of responsibilities

In discharging its responsibilities under this section with respect to a major defense acquisition program, a Configuration Steering Board shall—

(A)

review and approve or disapprove any proposed changes to program requirements or system configuration that have the potential to adversely impact program cost or schedule; and

(B)

review and recommend proposals to reduce program requirements that have the potential to improve program cost or schedule in a manner consistent with program objectives.

(3)

Presentation recommendations on reduction in requirements

Any recommendation for a proposed reduction in requirements that is made by a Configuration Steering Board under paragraph (2)(B) shall be presented to appropriate organizations of the Joint Staff and the military departments responsible for such requirements for review and approval in accordance with applicable procedures.

(4)

Annual consideration of each major defense acquisition program

The Secretary of the military department concerned shall ensure that a Configuration Steering Board under this section meets to consider each major defense acquisition program of such military department at least once each year.

(d)

Applicability

(1)

In general

The requirements of this section shall apply with respect to any major defense acquisition program that is commenced before, on, or after the date of the enactment of this Act.

(2)

Current programs

In the case of any major defense acquisition program that is ongoing as of the date of the enactment of this Act, a Configuration Steering Board under this section shall be established for such program not later than 60 days after the date of the enactment of this Act.

(e)

Guidance on authorities of program managers after milestone B

(1)

Modification of guidance on authorities

Paragraph (2) of section 853(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2343) is amended to read as follows:

(2)

authorities available to the program manager, including—

(A)

the authority to object to the addition of new program requirements that would be inconsistent with the parameters established at Milestone B (or Key Decision Point B in the case of a space program) and reflected in the performance agreement, unless such requirements are approved by the appropriate Configuration Steering Board; and

(B)

the authority to recommend to the appropriate Configuration Steering Board reduced program requirements that have the potential to improve program cost or schedule in a manner consistent with program objectives; and

.

(2)

Applicability

The Secretary of Defense shall modify the guidance described in section 853(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 in order to take into account the amendment made by paragraph (1) not later than 60 days after the date of the enactment of this Act.

(f)

Major defense acquisition program defined

In this section, the term major defense acquisition program has the meaning given that term in section 2430(a) of title 10, United States Code.

B

Acquisition Policy and Management

811.

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

(a)

Inspector General Reviews and Determinations

(1)

In general

For each covered non-defense agency, the Inspector General of the Department of Defense and the Inspector General of such non-defense agency shall, not later than March 15, 2009, jointly—

(A)

review—

(i)

the procurement policies, procedures, and internal controls of such non-defense agency that are applicable to the procurement of property and services on behalf of the Department by such non-defense agency; and

(ii)

the administration of those policies, procedures, and internal controls; and

(B)

determine in writing whether—

(i)

such non-defense agency is compliant with defense procurement requirements;

(ii)

such non-defense agency is not compliant with defense procurement requirements, but has a program or initiative to significantly improve compliance with defense procurement requirements;

(iii)

neither of the conclusions stated in clauses (i) and (ii) is correct in the case of such non-defense agency; or

(iv)

such non-defense agency is not compliant with defense procurement requirements to such an extent that the interests of the Department of Defense are at risk in procurements conducted by such non-defense agency.

(2)

Actions following certain determinations

If the Inspectors General determine under paragraph (1) that the conclusion stated in clause (ii), (iii), or (iv) of subparagraph (B) of that paragraph is correct in the case of a covered non-defense agency, such Inspectors General shall, not later than June 15, 2010, jointly—

(A)

conduct a second review, as described in subparagraph (A) of that paragraph, regarding such non-defense agency’s procurement of property or services on behalf of the Department of Defense in fiscal year 2009; and

(B)

determine in writing whether such non-defense agency is or is not compliant with defense procurement requirements.

(b)

Compliance With Defense Procurement Requirements

For the purposes of this section, a covered non-defense agency is compliant with defense procurement requirements if such non-defense agency’s procurement policies, procedures, and internal controls applicable to the procurement of products and services on behalf of the Department of Defense, and the manner in which they are administered, are adequate to ensure such non-defense agency’s compliance with the requirements of laws and regulations that apply to procurements of property and services made directly by the Department of Defense.

(c)

Memoranda of Understanding Between Inspectors General

(1)

In general

Not later than 60 days after the date of the enactment of this Act, the Inspector General of the Department of Defense and the Inspector General of each covered non-defense agency shall enter into a memorandum of understanding with each other to carry out the reviews and make the determinations required by this section.

(2)

Scope of memoranda

The Inspector General of the Department of Defense and the Inspector General of a covered non-defense agency may by mutual agreement conduct separate reviews of the procurement of property and services on behalf of the Department of Defense that are conducted by separate business units, or under separate governmentwide acquisition contracts, of such non-defense agency. In any case where such separate reviews are conducted, the Inspectors General shall make separate determinations under paragraph (1) or (2) of subsection (a), as applicable, with respect to each such separate review.

(d)

Limitations on Procurements on Behalf of Department of Defense

(1)

Limitation during review period

After March 15, 2009, and before June 16, 2010, no official of the Department of Defense may, except as provided in subsection (e) or (f), order, purchase, or otherwise procure property or services in an amount in excess of $100,000 through a covered non-defense agency for which a determination described in clause (iii) or (iv) of paragraph (1)(B) of subsection (a) has been made under subsection (a).

(2)

Limitation after review period

After June 15, 2010, no official of the Department of Defense may, except as provided in subsection (e) or (f), order, purchase, or otherwise procure property or services in an amount in excess of $100,000 through a covered non-defense agency that, having been subject to review under this section, has not been determined under this section as being compliant with defense procurement requirements.

(3)

Limitation following failure to reach mou

Commencing on the date that is 60 days after the date of the enactment of this Act, if a memorandum of understanding between the Inspector General of the Department of Defense and the Inspector General of a covered non-defense agency cannot be attained causing the review required by this section to not be performed, no official of the Department of Defense, except as provided in subsection (e) or (f), may order, purchase or otherwise procure property or services in an amount in excess of $100,000 through such non-defense agency.

(e)

Exception From Applicability of Limitations

(1)

Exception

No limitation applies under subsection (d) with respect to the procurement of property and services on behalf of the Department of Defense by a covered non-defense agency during any period that there is in effect a determination of the Under Secretary of Defense for Acquisition, Technology, and Logistics, made in writing, that it is necessary in the interest of the Department of Defense to continue to procure property and services through such non-defense agency.

(2)

Applicability of determination

A written determination with respect to a covered non-defense agency under paragraph (1) is in effect for the period, not in excess of one year, that the Under Secretary shall specify in the written determination. The Under Secretary may extend from time to time, for up to one year at a time, the period for which the written determination remains in effect.

(f)

Termination of Applicability of Limitations

Subsection (d) shall cease to apply to a covered non-defense agency on the date on which the Inspector General of the Department of Defense and the Inspector General of such non-defense agency jointly—

(1)

determine that such non-defense agency is compliant with defense procurement requirements; and

(2)

notify the Secretary of Defense of that determination.

(g)

Identification of Procurements Made During a Particular Fiscal Year

For the purposes of subsection (a), a procurement shall be treated as being made during a particular fiscal year to the extent that funds are obligated by the Department of Defense for that procurement in that fiscal year.

(h)

Resolution of Disagreements

If the Inspector General of the Department of Defense and the Inspector General of a covered non-defense agency are unable to agree on a joint determination under subsection (a) or (f), a determination by the Inspector General of the Department of Defense under such subsection shall be conclusive for the purposes of this section.

(i)

Definitions

In this section:

(1)

The term covered non-defense agency means each of the following:

(A)

The Department of Commerce.

(B)

The Department of Energy.

(2)

The term governmentwide acquisition contract, with respect to a covered non-defense agency, means a task or delivery order contract that—

(A)

is entered into by the non-defense agency; and

(B)

may be used as the contract under which property or services are procured for one or more other departments or agencies of the Federal Government.

(j)

Modification of certain additional authorities on internal controls for procurements on behalf of DoD

Section 801 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 202; 10 U.S.C. 2304 note) is amended—

(1)

in subsection (a)(2)—

(A)

in subparagraph (B), by striking each of the Department of the Treasury, the Department of the Interior, and the National Aeronautics and Space Administration and inserting the Department of the Interior; and

(B)

by adding at the end the following new subparagraph:

(D)

In the case of each of the Department of Commerce and the Department of Energy, by not later than March 15, 2015.

; and

(2)

in subsection (f)(2)—

(A)

by striking subparagraphs (B) and (D);

(B)

by redesignating subparagraphs (C), (E), and (F) as subparagraphs (B), (C), and (D), respectively; and

(C)

by adding at the end the following new subparagraphs:

(E)

The Department of Commerce.

(F)

The Department of Energy.

.

812.

Contingency Contracting Corps

(a)

In general

Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

2334.

Contingency Contracting Corps

(a)

Establishment

The Secretary of Defense shall establish within the Department of Defense a Contingency Contracting Corps (in this section, referred to as the Corps) to ensure the Department has the capability, when needed, to support contingency contracting actions in a deployed environment. The members of the Corps shall be available for deployment in connection with contingency operations both within and outside the continental United States, including reconstruction efforts relating thereto.

(b)

Membership

Membership in the Corps shall be voluntary and open to all employees of the Department of Defense, including uniformed members of the Armed Forces, who are members of the defense acquisition workforce, as designated under section 1721 of this title.

(c)

Education and training

The Secretary of Defense may establish additional educational and training requirements for members of the Corps.

(d)

Clothing and equipment

The Secretary of Defense may identify any necessary clothing and equipment requirements for members of the Corps.

(e)

Salary

The salaries for members of the Corps shall be paid by the Department of Defense out of existing appropriations.

(f)

Authority To deploy the corps

The Secretary of Defense, or the Secretary's designee, shall have the authority to determine when members of the Corps shall be deployed.

(g)

Annual report

(1)

The Secretary of Defense shall provide to the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives an annual report on the status of the Contingency Contracting Corps.

(2)

At a minimum, each report under paragraph (1) shall include the number of members of the Contingency Contracting Corps, the fully burdened cost of operating the program, the number of deployments of members of the program, and the performance of members of the program in deployment.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 137 of such title is amended by adding at the end the following new item:

2334. Contingency Contracting Corps..

813.

Expedited review and validation of urgent requirements documents

(a)

Guidance for expedited presentation to appropriate authorities for review and validation

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to the Secretaries of the military departments and the Chiefs of Staff of the Armed Forces to ensure that each urgent requirements document submitted by an operational field commander is presented to the appropriate authority for review and validation not later than 60 days after date on which such document is so submitted.

(b)

Definitions

In this section:

(1)

The term urgent requirements document means the following:

(A)

A Joint Urgent Operational Needs (JUON) document.

(B)

An Army operational need statement (ONS).

(C)

A Navy rapid deployment capability (RDC) document or Navy urgent operational need (UON) statement.

(D)

An Air Force combat capability document (CCD).

(E)

A Marine Corps urgent universal need statement (UUNS).

(F)

A combat-mission need statement (CMNS) of the United States Special Operations Command.

(2)

The term appropriate authority means the following:

(A)

In the case of a Joint Urgent Operational Needs document, a Functional Capabilities Board or Joint Capabilities Board.

(B)

In the case of an Army operational need statement, the Deputy Chief of Staff of the Army for Operations and Plans.

(C)

In the case of a Navy rapid deployment capability document or Navy urgent operational need statement, the Assistant Secretary of the Navy for Research, Development, and Acquisition.

(D)

In the case of an Air Force combat capability document, the commander of the lead major command of the Air Force.

(E)

In the case of a Marine Corps urgent universal need statement, the Marine Requirements Oversight Council.

(F)

In the case of a combat-mission need statement of the United States Special Operations Command, the Requirements Directorate of the United States Special Operations Command.

814.

Incorporation of energy efficiency requirements into key performance parameters for fuel consuming systems

(a)

Implementation plan

Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall develop an implementation plan for the incorporation of energy efficiency requirements into key performance parameters for the modification of existing fuel consuming systems of the Department of Defense and the development of new fuel consuming systems. The implementation plan shall include—

(1)

policies, regulations, and directives to ensure that appropriate officials incorporate such energy efficiency requirements into such performance parameters; and

(2)

a plan for implementing such requirements.

(b)

Report

The Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit a report on the plan required under subsection (a), including an assessment of progress made in implementing requirements to incorporate energy efficiency requirements into key performance parameters for fuel consuming systems of the Department of Defense, as part of the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2010 and each fiscal year thereafter for five years (as submitted with the budget of the President under section 1105(a) of title 31, United States Code).

C

Amendments Relating to General Contracting Authorities, Procedures, and Limitations

821.

Multiyear procurement authority for the Department of Defense for the purchase of alternative and synthetic fuels

(a)

Multiyear procurement authorized

(1)

In general

Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:

2410r.

Multiyear procurement authority: purchase of alternative and synthetic fuels

(a)

Multiyear contracts authorized

Subject to subsections (b) and (c), the head of an agency may enter into contracts for a period not to exceed 10 years for the purchase of alternative fuels or synthetic fuels.

(b)

Limitations on contracts for periods in excess of five years

The head of an agency may exercise the authority in subsection (a) to enter a contract for a period in excess of five years only if the head of the agency determines in writing, on the basis of a business case analysis prepared by the agency, that—

(1)

the proposed purchase of fuels under such contract is cost effective for the agency;

(2)

it would not be possible to purchase fuels from the source in an economical manner without the use of a contract for a period in excess of five years; and

(3)

the contract will comply with the requirements of subsection (c) and section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142).

(c)

Limitation on lifecycle greenhouse gas emissions

The head of an agency may not purchase alternative fuels or synthetic fuels under the authority in subsection (a) unless the contract specifies that lifecycle greenhouse gas emissions associated with the production and combustion of the fuels to be provided under the contract are not greater than such emissions from conventional petroleum-based fuels that are used in the same application.

(d)

Definitions

In this section:

(1)

The term head of an agency has the meaning given that term in section 2302(1) of this title.

(2)

The term alternative fuel has the meaning given that term in section 301(2) of the Energy Policy Act of 1992 (42 U.S.C. 13211(2)).

(3)

The term synthetic fuel means any liquid, gas, or combination thereof that—

(A)

can be used as a substitute for petroleum or natural gas (or any derivative thereof, including chemical feedstocks); and

(B)

is produced by chemical or physical transformation of domestic sources of energy.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 141 of such title is amended by adding at the end the following new item:

2410r. Multiyear procurement authority: purchase of alternative and synthetic fuels.

.

(b)

Regulations

(1)

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations providing that the head of an agency may initiate a multiyear contract as authorized by section 2410r of title 10, United States Code (as added by subsection (a)), only if the head of the agency has determined in writing that—

(A)

there is a reasonable expectation that throughout the contemplated contract period the head of the agency will request funding for the contract at the level required to avoid contract cancellation;

(B)

there is a stable design for all related technologies to the purchase of alternative and synthetic fuels as so authorized;

(C)

the technical risks associated with such technologies are not excessive;

(D)

the multiyear contract will contain appropriate pricing mechanisms to minimize risk to the government from significant changes in market prices for energy;

(E)

there is in place a regulatory regime adequate to ensure compliance with the requirements of section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 121 Stat. 1663; 42 U.S.C. 17142) and other applicable environmental laws; and

(F)

the contractor has received all regulatory approvals necessary for the production of the alternative and synthetic fuels to be supplied under the contract.

(2)

Minimum anticipated savings

The regulations required by paragraph (1) shall provide that, in any case in which the estimated total expenditure under a multiyear contract (or several multiyear contracts with the same prime contractor) under section 2410r of title 10, United States Code (as so added), are anticipated to be more than (or, in the case of several contracts, the aggregate of which is anticipated to be more than) $540,000,000 (in fiscal year 1990 constant dollars), the head of an agency may initiate such contract under such section only upon a finding that use of such contract will result in savings exceeding 10 percent of the total anticipated costs of procuring an equivalent amount of fuel for the same application through other means. If such estimated savings will exceed 5 percent of the total anticipated costs of procuring an equivalent amount of fuel for the same application through other means, but not exceed 10 percent of such costs, the head of the agency may initiate such contract under such section only upon a finding in writing that an exceptionally strong case has been made with regard to findings required in paragraph (1).

(3)

Limitation on use of authority

No contract may be entered into under the authority in section 2410r of title 10, United States Code (as so added), until the regulations required by paragraph (1) are prescribed.

(c)

Relationship to other multiyear contracting authority

Nothing in this section or the amendments made by this section shall be construed to preclude the Department of Defense from using other applicable multiyear contracting authority of the Department of Defense to purchase energy, including renewable energy.

822.

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

(a)

Expansion of scope of pilot program

Paragraph (1) of section 845(e) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by striking under prototype projects carried out under this section and inserting developed under prototype projects carried out under this section or research projects carried out pursuant to section 2371 of title 10, United States Code.

(b)

Four-year extension of authority

Paragraph (4) of such section is amended by striking September 30, 2008 and inserting September 30, 2012.

823.

Exclusion of certain factors in consideration of cost advantages of offers for certain Department of Defense contracts

Not later than 90 days after the date of the enactment of this Act, the Department of Defense Supplement to the Federal Acquisition Regulation shall be revised to ensure that, in any competition for a contract with a value in excess of $10,000,000, an offeror does not receive an advantage for a proposal that would reduce costs for the Department of Defense as a consequence of any corporate structure a principal purpose of which is to enable the offeror to avoid the payment of taxes to the Federal Government or any State government, including taxes imposed under subtitle C of the Internal Revenue Code of 1986 and any similar taxes imposed by a State government, for or on behalf of employees of the offeror or any subsidiary or affiliate of the offeror.

D

Department of Defense Contractor Matters

831.

Database for Department of Defense contracting officers and suspension and debarment officials

(a)

In general

Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall establish and maintain a database of information regarding integrity and performance of certain persons awarded Department of Defense contracts for use by Department of Defense officials having authority over contracts.

(b)

Persons covered

The database shall cover any person awarded a Department of Defense contract in excess of $500,000 if any information described in subsection (c) exists with respect to such person.

(c)

Information Included

With respect to a person awarded a Department of Defense contract, the database shall include information (in the form of a brief description) for at least the most recent 5-year period regarding the following:

(1)

Each civil or criminal proceeding, or any administrative proceeding, in connection with the award or performance of a contract with the Federal Government or, to the maximum extent practicable, a State government with respect to the person during the period to the extent that such proceeding results in the following dispositions:

(A)

In a criminal proceeding, a conviction.

(B)

In a civil proceeding, a finding of liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(C)

In an administrative proceeding, a finding of liability that results in—

(i)

the payment of a monetary fine or penalty of $5,000 or more; or

(ii)

the payment of a reimbursement, restitution, or damages in excess of $100,000.

(D)

In a civil or administrative proceeding, a disposition of the matter by consent or compromise if the proceeding could have led to any of the outcomes specified in subparagraph (A), (B), or (C).

(2)

Each Federal contract and grant awarded to the person that was terminated in such period due to default.

(3)

Each Federal suspension and debarment of the person in that period.

(4)

Each Federal administrative agreement entered into by the person and the Federal Government in that period to resolve a suspension or debarment proceeding and, to the maximum extent practicable, each agreement involving a suspension or debarment proceeding entered into by the person and a State government in that period.

(5)

Each final finding by a Federal official in that period that the person has been determined not to be a responsible source under either subparagraph (C) or (D) of section 4(7) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(7)).

(d)

Requirements relating to information in database

(1)

Direct input and update

The Under Secretary shall design and maintain the database in a manner that allows the appropriate officials of the Department of Defense to directly input and update in the information in the database relating to actions such officials have taken with regard to contractors.

(2)

Timeliness and accuracy

The Under Secretary shall develop policies to require—

(A)

the timely and accurate input of information into the database;

(B)

notification of any covered person when information relevant to the person is entered into the database; and

(C)

an opportunity for any covered person to submit comments pertaining to information about such person in the database.

(e)

Use of database

(1)

Availability to government officials

The Under Secretary shall ensure that the database is available to all acquisition professionals of the Department of Defense and to Congress. This subsection does not limit the availability of the database to other Department of Defense officials or to government officials outside the Department of Defense that the Under Secretary determines warrant access.

(2)

Review and assessment of data

(A)

In general

Before awarding a contract in excess of $500,000, the Department of Defense official responsible for awarding the contract shall review the database and shall consider information in the database with regard to any offer, along with other past performance information available with respect to that offeror, in making any responsibility determination or past performance evaluation for such offeror.

(B)

Documentation in contract file

The contract file for each contract of the Department of Defense in excess of $500,000 shall document the manner in which the material in the database was considered in any responsibility determination or past performance evaluation.

(f)

Disclosure in applications

Not later than 180 days after the date of the enactment of this Act, the Defense Supplement to the Federal Acquisition Regulation shall be amended to require that persons with Department of Defense contracts valued in total greater than $10,000,000 must semiannually submit to the Under Secretary a report that includes the information subject to inclusion in the database as listed in paragraphs (1) through (5) of subsection (c).

832.

Ethics safeguards for employees under certain contracts for the performance of acquisition functions closely associated with inherently governmental functions

(a)

Contract clause required

Each contract (or task or delivery order) in excess of $500,000 that calls for the performance of acquisition functions closely associated with inherently governmental functions for or on behalf of the Department of Defense shall include a contract clause addressing financial conflicts of interests of contractor employees who will be responsible for the performance of such functions.

(b)

Contents of contract clause

The contract clause required by subsection (a) shall, at a minimum—

(1)

require the contractor to prohibit any employee of the contractor from performing any functions described in subsection (a) under such a contract (or task or delivery order) relating to a program, company, contract, or other matter in which the employee (or a member of the employee’s immediate family) has a financial interest without the express written approval of the contracting officer;

(2)

require the contractor to obtain, review, update, and maintain as part of its personnel records a financial disclosure statement from each employee assigned to perform functions described in paragraph (1) under such a contract (or task or delivery order) that is sufficient to enable the contractor to ensure compliance with the requirements of paragraph (1);

(3)

require the contractor to prohibit any employee of the contractor who is responsible for performing functions described in paragraph (1) under such a contract (or task or delivery order) relating to a program, company, contract, or other matter from accepting a gift from the affected company or from an individual or entity that has a financial interest in the program, contract, or other matter;

(4)

require the contractor to prohibit contractor personnel who have access to non-public government information obtained while performing work on such a contract (or task or delivery order) from using such information for personal gain;

(5)

require the contractor to take appropriate disciplinary action in the case of employees who fail to comply with prohibitions established pursuant to this section;

(6)

require the contractor to promptly report any failure to comply with the prohibitions established pursuant to this section to the contracting officer for the applicable contract or contracts;

(7)

include appropriate definitions of the terms financial interest and gift that are similar to the definitions in statutes and regulations applicable to Federal employees;

(8)

establish appropriate contractual penalties for failures to comply with the requirements of paragraphs (1) through (6); and

(9)

provide such additional safeguards, definitions, and exceptions as may be necessary to safeguard the public interest.

(c)

Functions closely associated with inherently governmental functions defined

In this section, the term functions closely associated with inherently governmental functions has the meaning given that term in section 2383(b)(3) of title 10, United States Code.

(d)

Effective date

This section shall take effect 30 days after the date of the enactment of this Act, and shall apply to—

(1)

contracts entered on or after that effective date; and

(2)

task or delivery orders awarded on or after that effective date, regardless of whether the contracts pursuant to which such task or delivery orders are awarded are entered before, on, or after the date of the enactment of this Act.

833.

Information for Department of Defense contractor employees on their whistleblower rights

(a)

In general

The Secretary of Defense shall prescribe in regulations a policy for informing employees of a contractor of the Department of Defense of their whistleblower rights and protections under section 2409 of title 10, United States Code, as implemented by subpart 3.9 of part I of title 48, Code of Federal Regulations.

(b)

Elements

The regulations required by subsection (a) shall include requirements as follows:

(1)

Employees of Department of Defense contractors shall be notified in writing of the provisions of section 2409 of title 10, United States Code.

(2)

Notice to employees of Department of Defense contractors under paragraph (1) shall state that the restrictions imposed by any employee agreement or nondisclosure agreement shall not supersede, conflict with, or otherwise alter the employee rights created by section 2409 of title 10, United States Code, or the regulations implementing such section.

(c)

Contractor defined

In this section, the term contractor has the meaning given that term in section 2409(e)(4) of title 10, United States Code.

E

Matters Relating to Iraq and Afghanistan

841.

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

(a)

Modification of regulations

Not later than 60 days after the date of the enactment of this Act, the regulations issued by the Secretary of Defense pursuant to section 862(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 254; 10 U.S.C. 2302 note) shall be modified to ensure that private security contractors are not authorized to perform inherently governmental functions in an area of combat operations.

(b)

Elements

The modification of regulations pursuant to subsection (a) shall provide, at a minimum, each of the following:

(1)

That security operations for the protection of resources (including people, information, equipment, and supplies) in uncontrolled or unpredictable high threat environments are inherently governmental functions if such security operations—

(A)

will be performed in highly hazardous public areas where the risks are uncertain and could reasonably be expected to require deadly force that is more likely to be initiated by personnel performing such security operations than by others; or

(B)

could reasonably be expected to require immediate discretionary decisions on the appropriate course of action or the acceptable level of risk (such as judgments on the appropriate level of force, acceptable level of collateral damage, and whether the target is friend or foe), the outcome of which could significantly affect the life, liberty, or property of private persons or the international relations of the United States.

(2)

That the agency awarding the contract has appropriate mechanisms in place to ensure that private security contractors operate in a manner consistent with the regulations issued by the Secretary of Defense pursuant to such section 862(a), as modified pursuant to this section.

(c)

Periodic review of performance of functions

(1)

In general

The Secretary of Defense shall, in coordination with the heads of other appropriate agencies, periodically review the performance of private security functions in areas of combat operations to ensure that such functions are authorized and performed in a manner consistent with the requirements of this section.

(2)

Reports

Not later than June 1 of each of 2009, 2010, and 2011, the Secretary shall submit to the congressional defense committees a report on the results of the most recent review conducted under paragraph (1).

842.

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

(a)

In general

Section 861(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 253; 10 U.S.C. 2302 note) is amended by adding the following new paragraphs:

(7)

Mechanisms for ensuring that contractors are required to report offenses described in paragraph (6) that are alleged to have been committed by or against contractor personnel to appropriate investigative authorities.

(8)

Responsibility for providing victim and witness protection and assistance to contractor employees and other persons supporting the mission of the United States Government in Iraq or Afghanistan in connection with alleged offenses described in paragraph (6).

.

(b)

Implementation

The memorandum of understanding required by section 861(a) of the National Defense Authorization Act for Fiscal Year 2008 shall be modified to address the requirements under the amendment made by subsection (a) not later than 90 days after the date of the enactment of this Act.

843.

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

(a)

Nature of commission

Subsection (a) of section 841 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) is amended by inserting in the legislative branch after There is hereby established.

(b)

Pay and annuities of members and staff on Federal reemployment

Subsection (e) of such is amended by adding at the end the following new paragraph:

(8)

Pay and annuities of members and staff on Federal reemployment

If warranted by circumstances described in subparagraph (A) or (B) of section 8344(i)(1) of title 5, United States Code, or by circumstances described in subparagraph (A) or (B) of section 8468(f)(1) of such title, as applicable, a co-chairman of the Commission may exercise, with respect to the members and staff of the Commission, the same waiver authority as would be available to the Director of the Office of Personnel Management under such section.

.

(c)

Effective date

(1)

Nature of commission

The amendment made by subsection (a) shall take effect as of January 28, 2008, as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2008.

(2)

Pay and annuities

The amendment made by subsection (b) shall apply to members and staff of the Commission on Wartime Contracting in Iraq and Afghanistan appointed or employed, as the case may be, on or after that date.

844.

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

(a)

Audits required

The Army Audit Agency, the Navy Audit Service, and the Air Force Audit Agency shall each conduct thorough audits to identify potential waste, fraud, and abuse in the performance of the following:

(1)

Department of Defense contracts, subcontracts, and task and delivery orders for—

(A)

depot overhaul and maintenance of equipment for the military in Iraq and Afghanistan; and

(B)

spare parts for military equipment used in Iraq and Afghanistan; and

(2)

Department of Defense in-house overhaul and maintenance of military equipment used in Iraq and Afghanistan.

(b)

Comprehensive audit plan

(1)

Plans

The Army Audit Agency, the Navy Audit Service, and the Air Force Audit Agency shall, in coordination with the Inspector General of the Department of Defense, develop a comprehensive plan for a series of audits to discharge the requirements of subsection (a).

(2)

Incorporation into required audit plan

The plan developed under paragraph (1) shall be submitted to the Inspector General of the Department of Defense for incorporation into the audit plan required by section 842(b)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 234; 10 U.S.C. 2302 note).

(c)

Independent conduct of audit functions

All audit functions performed under this section, including audit planning and coordination, shall be performed in an independent manner.

(d)

Availability of results

All audit reports resulting from audits under this section shall be made available to the Commission on Wartime Contracting in Iraq and Afghanistan established pursuant to section 841 of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 230).

F

Other Matters

851.

Expedited hiring authority for the defense acquisition workforce

(a)

In general

For purposes of sections 3304, 5333, and 5753 of title 5, United States Code, the Secretary of Defense may—

(1)

designate any category of acquisition positions within the Department of Defense as shortage category positions; and

(2)

utilize the authorities in such sections to recruit and appoint highly qualified persons directly to positions so designated.

(b)

Termination of authority

The Secretary may not appoint a person to a position of employment under this section after September 30, 2012.

852.

Specification of Secretary of Defense as Secretary concerned for purposes of licensing of intellectual property for the Defense Agencies and defense field activities

Subsection (e) of section 2260 of title 10, United States Code, is amended to read as follows:

(e)

Definitions

In this section:

(1)

The terms trademark, service mark, certification mark, and collective mark have the meanings given such terms in section 45 of the Act of July 5, 1946 (commonly referred to as the Trademark Act of 1946; 15 U.S.C. 1127).

(2)

The term Secretary concerned includes the Secretary of Defense, with respect to matters concerning the Defense Agencies and the defense field activities.

.

853.

Repeal of requirements relating to the military system essential item breakout list

Section 813 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1543) is repealed.

IX

Department of Defense Organization and Management

A

Department of Defense Management

901.

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

Section 142 of title 10, United States Code, is amended by adding at the end the following:

(c)

The Assistant to the Secretary shall be considered an Assistant Secretary of Defense for purposes of section 138(d) of this title.

.

902.

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

(a)

Participation

Subsection (a) of section 186 of title 10, United States Code, is amended—

(1)

by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and

(2)

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

(2)

The Deputy Chief Management Officer of the Department of Defense.

.

(b)

Service as vice chairman

The second sentence of subsection (b) of such section is amended to read as follows: The Deputy Chief Management Officer of the Department of Defense shall serve as vice chairman of the Committee, and shall act as chairman in the absence of the Deputy Secretary of Defense..

903.

Repeal of obsolete limitations on management headquarters personnel

(a)

Repeal

The following provisions of title 10, United States Code, are repealed:

(1)

Section 143.

(2)

Section 194.

(3)

Subsection (f) of section 3014.

(4)

Subsection (f) of section 5014.

(5)

Subsection (f) of section 8014.

(b)

Clerical amendments

(1)

The table of sections at the beginning of chapter 4 of such title is amended by striking the item relating to section 143.

(2)

The table of sections at the beginning of chapter 8 of such title is amended by striking the item relating to section 194.

904.

General Counsel to the Inspector General of the Department of Defense

Section 8 of the Inspector General Act of 1978 (50 U.S.C. App. 8) is amended by adding at the end the following new subsection:

(h)
(1)

There is a General Counsel to the Inspector General of the Department of Defense, who shall be appointed by the Inspector General of the Department of Defense.

(2)
(A)

Notwithstanding section 140(b) of title 10, United States Code, the General Counsel is the chief legal officer of the Office of the Inspector General.

(B)

The Inspector General is the exclusive legal client of the General Counsel.

(C)

The General Counsel shall perform such functions as the Inspector General may prescribe.

(D)

The General Counsel shall serve at the discretion of the Inspector General.

(3)

There is an Office of the General Counsel to the Inspector General of the Department of Defense. The Inspector General may appoint to the Office to serve as staff of the General Counsel such legal counsel as the Inspector General considers appropriate.

.

905.

Assignment of forces to the United States Northern Command with primary mission of management of the consequences of an incident in the United States homeland involving a chemical, biological, radiological, or nuclear device, or high-yield explosives

(a)

Findings

Congress makes the following findings:

(1)

As noted in the June 2005 Department of Defense Strategy for Homeland Defense and Civil Support, protecting the United States homeland from attack is the highest priority of the Department of Defense.

(2)

As further noted in the June 2005 Department of Defense Strategy for Homeland Defense and Civil Support, [i]n the next ten years, terrorist groups, poised to attack the United States and actively seeking to inflict mass casualties or disrupt U.S. military operations, represent the most immediate challenge to the nation’s security.

(3)

The Department of Defense established the United States Northern Command in October 2002 to provide command and control of the homeland defense efforts of the Department of Defense and to coordinate defense support of civil authorities, including defense support for Federal consequence management of chemical, biological, radiological, nuclear, or high-yield explosive incidents.

(4)

The Commission on the National Guard and Reserves and the Government Accountability Office have criticized the capacity of the Department of Defense to respond to an incident in the United States homeland involving a chemical, biological, radiological, or nuclear device, or high-yield explosives due to a lack of capabilities to handle simultaneous weapons of mass destruction events and a lack of coordination and planning with the Department of Homeland Security and State and local governments.

(5)

According to testimony to Congress by the Commander of United States Northern Command, the Secretary of Defense has directed that a full-time, dedicated force be trained and equipped by the end of fiscal year 2008 to provide defense support to civil authorities in the case of a chemical, biological, radiological, nuclear, or high-yield explosive incident within the United States. This force is to be assigned to the Commander of the United States Northern Command, and is to be followed by two additional such forces, comprised of units of the regular components of the Armed Forces and units and personnel of the National Guard, and Reserve, to be established over the course of fiscal years 2009 and 2010.

(6)

The Department of Defense and United States Northern Command have begun the process of identifying, training, equipping, and assigning forces for the mission of managing the consequences of chemical, biological, radiological, nuclear, or high-yield explosive incidents in the United States.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

the Department of Defense should, as part of a Government-wide effort, make every effort to help protect the citizens of this Nation from the threat of an attack on the United States homeland involving a chemical, biological, radiological, or nuclear device, or high-yield explosives by terrorists or other aggressors;

(2)

efforts to establish forces for the mission of managing the consequences of chemical, biological, radiological, nuclear, or high-yield explosive incidents in the United States should receive the highest level of attention within the Department of Defense; and

(3)

the additional forces necessary for that mission should be identified, trained, equipped, and assigned to United States Northern Command as soon as possible.

(c)

Reports required

(1)

In general

Not later than 180 days after the date of the enactment of this Act, and one year and two years thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the progress made as of the date of such report in assigning to the United States Northern Command forces having the primary mission of managing the consequences of an incident in the United States homeland involving a chemical, biological, radiological, or nuclear device, or high-yield explosives.

(2)

Elements

Each report submitted under paragraph (1) shall include the following:

(A)

A description of the force structure, size, composition, and location of the units and personnel of the regular components of the Armed Forces, and the units and personnel of the reserve components of the Armed Forces, assigned to the United States Northern Command that have the primary mission of managing the consequences of an incident in the United States homeland involving a chemical, biological, radiological, or nuclear device, or high-yield explosives.

(B)

A description of the progress made in developing procedures to mobilize and demobilize units and personnel of the reserve components of the Armed Forces that are assigned to the United States Northern Command as described in subparagraph (A).

(C)

A description of the progress being made in the training and certification of units and personnel that are assigned to United States Northern Command as described in subparagraph (A).

(D)

An assessment of the need to establish a national training center for training units and personnel of the Armed Forces in the management of the consequences of an incident in the United States homeland as described in subparagraph (A).

(E)

A description of the progress made in addressing the shortfalls in the management of the consequences of an incident in the United States homeland as described in subparagraph (A) that are identified in—

(i)

the reports of the Comptroller General of the United States numbered GAO–08–251 and GAO–08–252; and

(ii)

the report of the Commission on the National Guard and Reserve.

906.

Business transformation initiatives for the military departments

(a)

In general

The Secretary of each military department shall, acting through the Chief Management Officer of such military department, carry out an initiative for the business transformation of such military department.

(b)

Objectives

The objectives of the business transformation initiative of a military department under this section shall include, at a minimum, the following:

(1)

The development of a comprehensive business transformation plan, with measurable performance goals and objectives, to achieve an integrated management system for the business operations of the military department.

(2)

The development of a well-defined enterprise-wide business systems architecture and transition plan encompassing end-to-end business processes and capable of providing accurately and timely information in support of business decisions of the military department.

(3)

The implementation of the business transformation plan developed pursuant to paragraph (1) and the business systems architecture and transition plan developed pursuant to paragraph (2).

(c)

Business transformation offices

(1)

Establishment

Not later than 120 days after the date of the enactment of this Act, the Secretary of each military department shall establish within such military department an office (to be known as the Office of Business Transformation of such military department) to assist the Chief Management Officer of such military department in carrying out the initiative required by this section for such military department.

(2)

Head

The Office of Business Transformation of a military department under this subsection shall be headed by a Director of Business Transformation, who shall be appointed by the Chief Management Officer of the military department, in consultation with the Director of the Business Transformation Agency of the Department of Defense, from among individuals with significant experience managing large-scale organizations or business transformation efforts.

(3)

Supervision

The Director of Business Transformation of a military department under paragraph (2) shall report directly to the Chief Management Officer of the military department, subject to policy guidance from the Director of the Business Transformation Agency of the Department of Defense.

(4)

Authority

In carrying out the initiative required by this section for a military department, the Director of Business Transformation of the military department under paragraph (2) shall have the authority to require elements of the military department to carry out actions that are within the purpose and scope of the initiative.

(d)

Responsibilities of business transformation offices

The Office of Business Transformation of a military department established pursuant to subsection (b) shall be responsible for the following:

(1)

Transforming the budget, finance, and accounting operations of the military department in a manner that is consistent with the business transformation plan developed pursuant to subsection (b)(1).

(2)

Eliminating or replacing financial management systems of the military department that are inconsistent with the business systems architecture and transition plan developed pursuant to subsection (b)(2).

(3)

Ensuring that the business transformation plan and the business systems architecture and transition plan are implemented in a manner that is aggressive, realistic, and accurately measured.

(e)

Required elements

In carrying out the initiative required by this section for a military department, the Chief Management Officer and the Director of Business Transformation of the military department shall ensure that each element of the initiative is consistent with—

(1)

the requirements of the Business Enterprise Architecture and Transition Plan developed by the Secretary of Defense pursuant to section 2222 of title 10, United States Code;

(2)

the Standard Financial Information Structure of the Department of Defense;

(3)

the Federal Financial Management Improvement Act of 1996 (and the amendments made by that Act); and

(4)

other applicable requirements of law and regulation.

(f)

Reports on implementation

(1)

Initial reports

Not later than six months after the date of the enactment of this Act, the Chief Management Officer of each military department shall submit to the congressional defense committees a report on the actions taken, and on the actions planned to be taken, by such military department to implement the requirements of this section.

(2)

Updates

Not later than March 1 of each of 2010, 2011, and 2012, the Chief Management Officer of each military department shall submit to the congressional defense committees a current update of the report submitted by such Chief Management Officer under paragraph (1).

B

Space Matters

911.

Space posture review

(a)

Requirement for comprehensive review

In order to clarify the national security space policy and strategy of the United States for the near term, the Secretary of Defense and the Director of National Intelligence shall jointly conduct a comprehensive review of the space posture of the United States over the posture review period.

(b)

Elements of review

The review conducted under subsection (a) shall include, for the posture review period, the following:

(1)

The definition, policy, requirements, and objectives for each of the following:

(A)

Space situational awareness.

(B)

Space control.

(C)

Space superiority, including defensive and offensive counterspace and protection.

(D)

Force enhancement and force application.

(E)

Space-based intelligence and surveillance and reconnaissance from space.

(F)

Integration of space and ground control and user equipment.

(G)

Any other matter the Secretary considers relevant to understanding the space posture of the United States.

(2)

A description of current and planned space acquisition programs that are in acquisition categories 1 and 2, including how each such program will address the policy, requirements, and objectives described under each of subparagraphs (A) through (G) of paragraph (1).

(3)

A description of future space systems and technology development (other than such systems and technology in development as of the date of the enactment of this Act) necessary to address the policy, requirements, and objectives described under each of subparagraphs (A) through (G) of paragraph (1).

(4)

An assessment of the relationship among the following:

(A)

United States military space policy.

(B)

National security space policy.

(C)

National security space objectives.

(D)

Arms control policy.

(E)

Export control policy.

(5)

An assessment of the effect of the military and national security space policy of the United States on the proliferation of weapons capable of targeting objects in space or objects on Earth from space.

(c)

Report

(1)

In general

Not later than December 1, 2009, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the congressional committees specified in paragraph (3) a report on the review conducted under subsection (a).

(2)

Form of report

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

(3)

Committees

The congressional committees specified in this paragraph are—

(A)

the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and

(B)

the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.

(d)

Posture review period defined

In this section, the term posture review period means the 10-year period beginning on February 1, 2009.

C

Defense Intelligence Matters

921.

Requirement for officers of the Armed Forces on active duty in certain intelligence positions

(a)

In general

Effective as of October 1, 2008, the individual serving in each position specified in subsection (b) shall be a commissioned officer of the Armed Forces on active duty.

(b)

Specified positions

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

(1)

Principal deputy to the senior military officer serving as the Deputy Chief of the Army Staff for Intelligence.

(2)

Principal deputy to the senior military officer serving as the Director of Intelligence for the Chief of Naval Operations.

(3)

Principal deputy to the senior military officer serving as the Assistant to the Air Force Chief of Staff for Intelligence.

922.

Transfer of management of Intelligence Systems Support Office

(a)

Transfer of management generally

(1)

Transfer

Except as provided in subsection (b), management of the Intelligence Systems Support Office, and all programs and activities of that office as of April 1, 2008, including the Foreign Materials Acquisitions program, shall be transferred to the Defense Intelligence Agency.

(2)

Management

The programs and activities of the Intelligence Systems Support Office transferred under paragraph (1) shall, after transfer under that paragraph, be managed by the Director of the Defense Intelligence Agency.

(b)

Transfer of management of center for international issues research

(1)

Transfer

Management of the Center for International Issues Research shall be transferred to the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.

(2)

Management

The Center for International Issues Research shall, after transfer under paragraph (1), be managed by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.

(c)

Deadline for transfers of management

The transfers of management required by subsections (a) and (b) shall occur not later than 30 days after the date of the enactment of this Act.

(d)

Limitation on certain authority of USD for Intelligence

Effective as of December 1, 2008, the Under Secretary of Defense for Intelligence may not establish or maintain the capabilities as follows:

(1)

A capability to execute programs of technology or systems development and acquisition.

(2)

A capability to provide operational support to combatant commands.

923.

Program on advanced sensor applications

(a)

Program required

(1)

In general

The Under Secretary of Defense for Acquisition, Technology, and Logistics shall provide for the carrying out of a program on advanced sensor applications in order to provide for the evaluation by the Department of Defense on scientific and engineering grounds of foreign technology utilized for the detection and tracking of submarines.

(2)

Designation

The program under this section shall be known as the Advanced Sensor Applications Program.

(b)

Responsibility for execution of program

The program under this section shall be carried out by the Commander of the Naval Air Systems Command in consultation with the Program Executive Officer for Aviation of the Department of the Navy and the Director of Special Programs for the Chief of Naval Operations.

(c)

Program requirements and limitations

(1)

Access to certain information

In carrying out the program under this section, the Commander of the Naval Air Systems Command shall—

(A)

have complete access to all United States intelligence relating to the detection and tracking of submarines; and

(B)

be kept currently apprised of information and assessments of the Office of Naval Intelligence, the Defense Intelligence Agency, and the Central Intelligence Agency, and of information and assessments of the intelligence services of allies of the United States that are available to the United States, on matters relating to the detection and tracking of submarines.

(2)

Independence of program

The program under this section shall be carried out independently of the Office of Naval Intelligence, the Defense Intelligence Agency, the Central Intelligence Agency, and any other element of the intelligence community.

X

General Provisions

A

Financial Matters

1001.

General transfer authority

(a)

Authority To transfer authorizations

(1)

Authority

Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2009 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2)

Limitation

Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $5,000,000,000.

(3)

Exception for transfers between military personnel authorizations

A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).

(b)

Limitations

The authority provided by this section to transfer authorizations—

(1)

may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

(2)

may not be used to provide authority for an item that has been denied authorization by Congress.

(c)

Effect on authorization amounts

A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.

(d)

Notice to congress

The Secretary shall promptly notify Congress of each transfer made under subsection (a).

1002.

Incorporation into Act of tables in the report of the Committee on Armed Services of the Senate

(a)

Incorporation

Each funding table in the report of the Committee on Armed Services of the Senate to accompany the bill S. ___ of the 110th Congress is hereby incorporated into this Act and is hereby made a requirement in law. Items in each such funding table shall be binding on agency heads in the same manner and to the same extent as if such funding table was included in the text of this Act, unless transfers of funding for such items are approved in accordance with established procedures.

(b)

Merit-based decisions

Decisions by agency heads to commit, obligate, or expend funds on the basis of any funding table incorporated into this Act pursuant to subsection (a) shall be based on authorized, transparent, statutory criteria, and merit-based decisionmaking in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, and other applicable provisions of law.

(c)

Oral and written communications

No oral or written communication concerning any item in a funding table incorporated into this Act under subsection (a) shall supersede the requirements of subsection (b).

1003.

United States contribution to NATO common-funded budgets in fiscal year 2009

(a)

Fiscal year 2009 limitation

The total amount contributed by the Secretary of Defense in fiscal year 2009 for the common-funded budgets of NATO may be any amount up to, but not in excess of, the amount specified in subsection (b) (rather than the maximum amount that would otherwise be applicable to those contributions under the fiscal year 1998 baseline limitation).

(b)

Total amount

The amount of the limitation applicable under subsection (a) is the sum of the following:

(1)

The amounts of unexpended balances, as of the end of fiscal year 2008, of funds appropriated for fiscal years before fiscal year 2009 for payments for those budgets.

(2)

The amount specified in subsection (c)(1).

(3)

The amount specified in subsection (c)(2).

(4)

The total amount of the contributions authorized to be made under section 2501.

(c)

Authorized amounts

Amounts authorized to be appropriated by titles II and III of this Act are available for contributions for the common-funded budgets of NATO as follows:

(1)

Of the amount provided in section 201(1), $1,049,000 for the Civil Budget.

(2)

Of the amount provided in section 301(1), $408,788,000 for the Military Budget.

(d)

Definitions

For purposes of this section:

(1)

Common-funded budgets of nato

The term common-funded budgets of NATO means the Military Budget, the Security Investment Program, and the Civil Budget of the North Atlantic Treaty Organization (and any successor or additional account or program of NATO).

(2)

Fiscal year 1998 baseline limitation

The term fiscal year 1998 baseline limitation means the maximum annual amount of Department of Defense contributions for common-funded budgets of NATO that is set forth as the annual limitation in section 3(2)(C)(ii) of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic (as defined in section 4(7) of that resolution), approved by the Senate on April 30, 1998.

B

Naval Vessels and Shipyards

1011.

Government rights in designs of Department of Defense vessels, boats, craft, and components developed using public funds

(a)

In general

Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section:

7317.

Government rights in designs of Department of Defense vessels, boats, craft, and components developed using public funds

(a)

In general

Government rights in the design of a vessel, boat, or craft, and its components, including the hull, decks, superstructure, and all shipboard equipment and systems, developed in whole or in part using public funds shall be determined solely as follows:

(1)

In the case of a vessel, boat, craft, or component procured through a contract, in accordance with the provisions of section 2320 of this title.

(2)

In the case of a vessel, boat, craft, or component procured through an instrument not governed by section 2320 of this title, by the terms of the instrument (other than a contract) under which the design for such vessel, boat, craft, or component, as applicable, was developed for the Government.

(b)

Construction of superseding authorities

This section may be modified or superseded by a provision of statute only if such provision expressly refers to this section in modifying or superseding this section.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 633 of such title is amended by adding at the end the following new item:

7317. Government rights in designs of Department of Defense vessels, boats, craft, and components developed using public funds.

.

1012.

Reimbursement of expenses for certain Navy mess operations

(a)

In general

Amounts appropriated for operation and maintenance for the Navy may be used to pay the charge established under section 1011 of title 37, United States Code, for meals sold by messes for United States Navy and Naval Auxiliary vessels to the following:

(1)

Members of nongovernmental organizations and officers or employees of host and foreign nations when participating in or providing support to United States civil-military operations.

(2)

Foreign national patients treated on Naval vessels during the conduct of United States civil-military operations, and their escorts.

(b)

Expiration of authority

The authority to pay for meals under subsection (a) shall expire on September 30, 2010.

C

Counter-Drug Activities

1021.

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

Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is amended by striking through 2008 and inserting through 2009.

1022.

Two-year extension of authority for use of funds for unified counterdrug and counterterrorism campaign in Colombia

Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2042), as amended by section 1023 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2382), is further amended—

(1)

in subsection (a)(1), by striking through 2008 and inserting through 2010; and

(2)

in subsection (c), by striking through 2008 and inserting through 2010.

D

Miscellaneous Authorities and Limitations

1031.

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

(a)

Expansion of procurement authority To include equipment for homeland security and emergency response activities

(1)

Procedures

Subsection (a)(1) of section 381 of title 10, United States Code, is amended—

(A)

in subsection (a)(1)—

(i)

in the matter preceding subparagraph (A)—

(I)

by striking law enforcement; and

(II)

by inserting , homeland security, and emergency response after counter-drug;

(ii)

in subparagraph (A)—

(I)

in the matter preceding clause (i), by inserting , homeland security, or emergency response after counter-drug; and

(II)

in clause (i), by striking law enforcement;

(iii)

in subparagraph (C), by striking law enforcement each place it appears; and

(iv)

in subparagraph (D), by striking law enforcement.

(2)

GSA catalog

Subsection (c) of such section is amended—

(A)

by striking law enforcement; and

(B)

by inserting , homeland security, and emergency response after counter-drug.

(3)

Definitions

Subsection (d) of such section is amended—

(A)

in paragraph (2), by inserting or emergency response after law enforcement both places it appears; and

(B)

in paragraph (3)—

(i)

by striking law enforcement;

(ii)

by inserting , homeland security, and emergency response after counter-drug; and

(iii)

by inserting and, in the case of equipment for homeland security activities, may not include any equipment that is not found on the Authorized Equipment List published by the Department of Homeland Security after purposes.

(b)

Clerical amendments

(1)

Heading amendment

The heading of such section is amended to read as follows:

381.

Procurement of equipment by State and local governments through the Department of Defense: equipment for counter-drug, homeland security, and emergency response activities

.

(2)

Table of sections

The table of sections at the beginning of chapter 18 of such title is amended by striking the item relating to section 381 and inserting the following new item:

381. Procurement of equipment by State and local governments through the Department of Defense: equipment for counter-drug, homeland security, and emergency response activities.

.

1032.

Enhancement of the capacity of the United States Government to conduct complex operations

(a)

In general

Chapter 20 of title 10, United States Code, is amended by adding the following new section:

409.

Center for Complex Operations

(a)

Center authorized

The Secretary of Defense may establish within the Department of Defense a center to be known as the Center for Complex Operations (in this section referred to as the Center).

(b)

Purposes

The purposes of the Center established under subsection (a) shall be the following:

(1)

To provide for effective coordination in the preparation of Department of Defense personnel and other United States Government personnel for complex operations.

(2)

To foster unity of effort among the departments and agencies of the United States Government, foreign governments and militaries, international organizations, and nongovernmental organizations in their participation in complex operations.

(3)

To conduct research, collect, analyze, and distribute lessons learned, and compile best practices in matters relating to complex operations.

(4)

To identify gaps in the education and training of Department of Defense personnel, and other United States Government personnel, relating to complex operations, and to facilitate efforts to fill such gaps.

(c)

Support from other United States Government agencies

The head of any non-Department of Defense department or agency of the United States Government may—

(1)

provide to the Secretary of Defense services, including personnel support, to support the operations of the Center; and

(2)

transfer funds to the Secretary of Defense to support the operations of the Center.

(d)

Acceptance of gifts and donations

(1)

Subject to paragraph (3), the Secretary of Defense may accept from any source specified in paragraph (2) any gift or donation for purposes of defraying the costs or enhancing the operations of the Center.

(2)

The sources specified in this paragraph are the following:

(A)

The government of a State or a political subdivision of a State.

(B)

The government of a foreign country.

(C)

A foundation or other charitable organization, including a foundation or charitable organization that is organized or operates under the laws of a foreign country.

(D)

Any source in the private sector of the United States or a foreign country.

(3)

The Secretary may not accept a gift or donation under this subsection if acceptance of the gift or donation would compromise or appear to compromise—

(A)

the ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; or

(B)

the integrity of any program of the Department or of any person involved in such a program.

(4)

The Secretary shall prescribe written guidance setting forth the criteria to be used in determining the applicability of paragraph (3) to any proposed gift or donation under this subsection.

(e)

Crediting of funds transferred or accepted

Funds transferred to or accepted by the Secretary of Defense under this section shall be credited to appropriations available to the Department of Defense for the Center, and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriations with which merged. Any funds so transferred or accepted shall remain available until expended.

(f)

Definitions

In this section:

(1)

The term complex operation means an operation as follows:

(A)

A stability operation.

(B)

A security operation.

(C)

A transition and reconstruction operation.

(D)

A counterinsurgency operation.

(E)

An operation consisting of irregular warfare.

(2)

The term gift or donation means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 20 of such title is amended by adding at the end the following new item:

409. Center for Complex Operations.

.

1033.

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

Section 7623(b) of title 10, United States Code, is amended—

(1)

by inserting (1) after (b);

(2)

in paragraph (1), as so designated, by striking the last sentence; and

(3)

by adding at the end the following new paragraph:

(2)
(A)

Except as provided in subparagraph (B), amounts received under this section shall be covered into the Treasury as miscellaneous receipts.

(B)

Amounts received under this section for damage or loss to property operated and maintained with funds from a Department of Defense working capital fund or account shall be credited to that fund or account.

.

1034.

Minimum annual purchase requirements for airlift services from carriers participating in the Civil Reserve Air Fleet

(a)

In general

Chapter 931 of title 10, United States Code, is amended by adding at the end the following new section:

9515.

Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet

(a)

In general

The Secretary of Defense may award to an air carrier or an air carrier contractor team arrangement participating in the Civil Reserve Air Fleet on a fiscal year basis a one-year contract for airlift services with a minimum purchase amount under such contract determined in accordance with this section.

(b)

Eligible carriers

In order to be eligible for payments under the minimum purchase amount provided by this section, an air carrier (or any air carrier participating in an air carrier contractor team arrangement)—

(1)

if under contract with the Department of Defense in the prior fiscal year, shall have an average on-time pick up rate, based on factors within such air carrier's control, of at least 90 percent;

(2)

shall offer such amount of commitment to the Civil Reserve Air Fleet in excess of the minimum required for participation in the Civil Reserve Air Fleet as the Secretary of Defense shall specify for purposes of this section; and

(3)

may not have refused a Department of Defense request to act as a host for other Civil Reserve Air Fleet carriers at intermediate staging bases during the prior fiscal year.

(c)

Aggregate minimum purchase amount

(1)

The aggregate amount of the minimum purchase amount for all contracts awarded under subsection (a) for a fiscal year shall be based on forecast needs, but may not exceed the amount equal to 80 percent of the average annual expenditure of the Department of Defense for commercial airlift services during the five-fiscal year period ending in the fiscal year before the fiscal year for which such contracts are awarded.

(2)

In calculating the average annual expenditure of the Department of Defense for airlift services for purposes of paragraph (1), the Secretary of Defense shall omit from the calculation any fiscal year exhibiting unusually high demand for commercial airlift services if the Secretary determines that the omission of such fiscal year from the calculation will result in a more accurate forecast of anticipated commercial airlift services for purposes of that paragraph.

(d)

Allocation of minimum purchase among contracts

(1)

The aggregate amount of the minimum purchase amount for all contracts awarded under subsection (a) for a fiscal year, as determined under subsection (c), shall be allocated among all air carriers and air carrier contractor team arrangements awarded contracts under subsection (a) for such fiscal year in proportion to the commitments of such carriers to the Civil Reserve Air Fleet for such fiscal year.

(2)

In determining the minimum purchase amount payable under paragraph (1) under a contract under subsection (a) for airlift services provided by an air carrier or air carrier contractor team arrangement during the fiscal year covered by such contract, the Secretary of Defense may adjust the amount allocated to such carrier or arrangement under paragraph (2) to take into account periods during such fiscal year when airlift services of such carrier or a carrier in such arrangement are unavailable for usage by the Department of Defense, including during periods of refused business or suspended operations or when such carrier is placed in nonuse status pursuant to section 2640 of this title for safety reasons.

(e)

Distribution of amounts

If any amount available under this section for the minimum purchase of airlift services from a carrier or air carrier contractor team arrangement for a fiscal year under a contract under subsection (a) is not utilized to purchase airlift services from the carrier or arrangement in such fiscal year, such amount shall be provided to the carrier or arrangement before the first day of the following fiscal year.

(f)

Commitment of funds

(1)

The Secretary of each military department shall transfer to the transportation working capital fund a percentage of the total amount anticipated to be required in such fiscal year for the payment of minimum purchase amounts under all contracts awarded under subsection (a) for such fiscal year equivalent to the percentage of the anticipated use of airlift services by such military department during such fiscal year from all carriers under contracts awarded under subsection (a) for such fiscal year.

(2)

Any amounts required to be transferred under paragraph (1) shall be transferred by the last day of the fiscal year concerned to meet the requirements of subsection (e) unless minimum purchase amounts have already been distributed by the Secretary of Defense under subsection (e) as of that date.

(g)

Availability of airlift services

(1)

From the total amount of airlift services available for a fiscal year under all contracts awarded under subsection (a) for such fiscal year, a military department shall be entitled to obtain a percentage of such airlift services equal to the percentage of the contribution of the military department to the transportation working capital fund for such fiscal year under subsection (f).

(2)

A military department may transfer any entitlement to airlift services under paragraph (1) to any other military department or to any other agency, element, or component of the Department of Defense.

(h)

Sunset

The authorities in this section shall expire on December 31, 2015.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 941 of such title is amended by adding at the end the following new item:

9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet.

.

1035.

Termination date of base contract for the Navy-Marine Corps Intranet

Section 814 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–215), as amended by section 362 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1065) and Public Law 107–254 (116 Stat. 1733), is further amended—

(1)

by redesignating subsection (j) as subsection (k); and

(2)

by inserting after subsection (i) the following new subsection (j):

(j)

Termination date of base contract for Navy-Marine Corps Intranet

Notwithstanding subsection (i), the base contract of the Navy-Marine Corps Intranet contract may terminate on October 31, 2010.

.

1036.

Prohibition on interrogation of detainees by contractor personnel

(a)

Regulations required

Effective as of the date that is one year after the date of the enactment of this Act, the Department of Defense manpower mix criteria and the Department of Defense Supplement to the Federal Acquisition Regulation shall be revised to provide that—

(1)

the interrogation of enemy prisoners of war, civilian internees, retained persons, other detainees, terrorists, and criminals when captured, transferred, confined, or detained during or in the aftermath of hostilities is an inherently governmental function and cannot be transferred to private sector contractors who are beyond the reach of controls otherwise applicable to government personnel; and

(2)

properly trained and cleared contractors may be used as linguists, interpreters, report writers, and information technology technicians if their work is properly reviewed by appropriate government officials.

(b)

Penalties

The obligation or expenditure of Department of Defense funds for a contract that is not in compliance with the regulations issued pursuant to this section is a violation of section 1341(a)(1)(A) of title 31, United States Code.

1037.

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

(a)

Notification with respect to nonproliferation activities

The Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, the Secretary of State, and the Nuclear Regulatory Commission shall keep the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives informed with respect to—

(1)

any activities undertaken by any such Secretary or the Commission to carry out the purposes and policies of the Secretaries and the Commission with respect to nonproliferation programs; and

(2)

any other activities undertaken by any such Secretary or the Commission to prevent the proliferation of nuclear, chemical, or biological weapons or the means of delivery of such weapons.

(b)

Notification with respect to proliferation activities in foreign nations

(1)

In general

The Director of National Intelligence shall keep the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives fully and currently informed with respect to any activities of foreign nations that are significant with respect to the proliferation of nuclear, chemical, or biological weapons or the means of delivery of such weapons.

(2)

Fully and currently informed defined

For purposes of paragraph (1), the term fully and currently informed means the transmittal of credible information with respect to an activity described in such paragraph not later than 60 days after becoming aware of the activity.

1038.

Sense of Congress on nuclear weapons management

(a)

Findings

Congress makes the following findings:

(1)

The unauthorized transfer of nuclear weapons from Minot Air Force Base, North Dakota, to Barksdale Air Force Base, Louisiana, in August 2007 was an extraordinary breach of the command and control and security of nuclear weapons.

(2)

The reviews conducted following that unauthorized transfer found that the ability of the Department of Defense to provide oversight of nuclear weapons matters had degenerated and that senior level attention to nuclear weapons management is minimal at best.

(3)

The lack of attention to nuclear weapons and related equipment by the Department of Defense was demonstrated again when it was discovered in March 2008 that classified equipment from Minuteman III intercontinental ballistic missiles was inadvertently shipped to Taiwan in 2006.

(4)

The Department of Defense has insufficient capability and staffing in the Office of the Under Secretary of Defense for Policy to provide the necessary oversight of the nuclear weapons functions of the Department.

(5)

The key senior position responsible for nuclear weapons matters in the Department of Defense, the Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, a position filled by appointment by and with the advice and consent of the Senate, has been vacant for more than 18 months.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

the United States should maintain clear and unambiguous command and control of its nuclear weapons;

(2)

the safety and security of nuclear weapons and related equipment should be a high priority as long as the United States maintains a stockpile of nuclear weapons;

(3)

the President should take immediate steps to nominate a qualified individual for the position of Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs; and

(4)

the Secretary of Defense should establish and fill a senior position, at the level of Assistant Secretary or Deputy Under Secretary, within the Office of the Under Secretary of Defense for Policy to be responsible solely for the strategic and nuclear weapons policy of the Department of Defense.

1039.

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

(a)

Findings

Congress makes the following findings:

(1)

Unmanned aerial systems (UAS) of the Department of Defense, like the Predator and the Global Hawk, have become a critical component of military operations. Unmanned aerial systems are indispensable in the conflict against terrorism and the campaigns in Afghanistan and Iraq.

(2)

Unmanned aerial systems of the Department of Defense must operate in the National Airspace System (NAS) for training, operational support to the combatant commands, and support to domestic authorities in emergencies and national disasters.

(3)

The Department of Defense has been lax in developing certifications of airworthiness for unmanned aerial systems, qualifications for operators of unmanned aerial systems, databases on safety matters relating to unmanned aerial systems, and standards, technology, and procedures that are necessary for routine access of unmanned aerial systems to the National Airspace System.

(4)

As recognized in a Memorandum of Agreement for Operation of Unmanned Aircraft Systems in the National Airspace System signed by the Deputy Secretary of Defense and the Administrator of the Federal Aviation Administration in September 2007, it is vital for the Department of Defense and the Federal Aviation Administration to collaborate closely to achieve progress in gaining access for unmanned aerial systems to the National Airspace System to support military requirements.

(5)

The Department of Defense and the Federal Aviation Administration have jointly and separately taken significant actions to improve the access of unmanned aerial systems of the Department of Defense to the National Airspace System, but overall, the pace of progress in access of such systems to the National Airspace System has been insufficient and poses a threat to national security.

(6)

Techniques and procedures can be rapidly acquired or developed to temporarily permit safe operations of unmanned aerial systems in the National Airspace System until permanent safe operations of such systems in the National Airspace System can be achieved.

(7)

Identifying, developing, approving, implementing, and monitoring the adequacy of these techniques and procedures may require the establishment of a joint Department of Defense-Federal Aviation Administration executive committee reporting to the highest levels of the Department of Defense and the Federal Aviation Administration on matters relating to the access of unmanned aerial systems of the Department of Defense to the National Airspace System.

(8)

Joint management attention at the highest levels of the Department of Defense and the Federal Aviation Administration may also be required on other important issues, such as type ratings for aerial refueling aircraft.

(b)

Sense of Congress

It is the sense of Congress that the Secretary of Defense should seek an agreement with the Administrator of the Federal Aviation Administration to jointly establish within the Department of Defense and the Federal Aviation Administration a joint Department of Defense–Federal Aviation Administration executive committee on conflict and dispute resolution which would—

(1)

act as a focal point for the resolution of disputes on matters of policy and procedures between the Department of Defense and the Federal Aviation Administration with respect to—

(A)

airspace, aircraft certifications, and aircrew training; and

(B)

other issues brought before the joint executive committee by the Department of Defense or the Department of Transportation;

(2)

identify solutions to the range of technical, procedural, and policy concerns arising in the disputes described in paragraph (1); and

(3)

identify solutions to the range of technical, procedural, and policy concerns arising in the integration of Department of Defense unmanned aerial systems into the National Airspace System in order to achieve the increasing, and ultimately routine, access of such systems into the National Airspace System.

1040.

Sense of Congress on sale of new outsize cargo, strategic lift aircraft for civilian use

(a)

Findings

Congress makes the following findings:

(1)

The 2004 Quadrennial Defense Review (as submitted to Congress in 2005) and the 2005 Mobility Capability Study determined that the United States Transportation Command requires a force of 292 organic strategic lift aircraft, augmented by procurement of airlift service from commercial air carriers participating in the Civil Reserve Air Fleet, to meet the demands of the National Military Strategy. Congress has authorized and appropriated funds for 301 strategic airlift aircraft.

(2)

The Commander of the United States Transportation Command has testified to Congress that it is essential to safeguard the capabilities and capacity of the Civil Reserve Air Fleet to meet wartime surge demands in connection with major combat operations, and that procurement by the Air Force of excess organic strategic lift aircraft would be harmful to the health of the Civil Reserve Air Fleet.

(3)

The C–17 Globemaster aircraft is the workhorse of the Air Mobility Command in the Global War on Terror. Production of the C–17 Globemaster aircraft is scheduled to cease in 2009, upon completion of the aircraft remaining to be procured by the Air Force.

(4)

The Federal Aviation Administration has informed the Committee on Armed Services of the Senate that no fewer than six commercial operators have expressed interest in procuring a commercial variant of the C–17 Globemaster aircraft. Commercial sale of the C–17 Globemaster aircraft would require that the Department of Defense or Congress determine that it is in the national interest for the Federal Aviation Administration to proceed with the issuance of a type certificate for surplus aircraft of the Armed Forces in accordance with section 21.27 of title 14, Code of Federal Regulations.

(5)

C–17 Globemaster aircraft sold for commercial use could be made available to the Civil Reserve Air Fleet, thus strengthening the capabilities and capacity of the Civil Reserve Air Fleet.

(6)

The sale of a commercial variant of the C–17 Globemaster to Civil Reserve Air Fleet partners would strengthen the United States industrial base.

(b)

Sense of Congress

It is the sense of Congress that the Secretary of Defense should—

(1)

review the benefits and feasibility of pursuing a commercial-military cargo initiative for the C–17 Globemaster aircraft and determine whether such an initiative is in the national interest; and

(2)

if the Secretary determines that such an initiative is in the national interest, take appropriate actions to coordinate with the Federal Aviation Administration to achieve the type certification for such aircraft required by section 21.27 of title 14, Code of Federal Regulations.

E

Reports

1051.

Repeal of requirement to submit certain annual reports to Congress regarding allied contributions to the common defense

(a)

Repeal of certain reports on allied contributions to the common defense

Section 1003 of the Department of Defense Authorization Act, 1985 (Public Law 95–525; 98 Stat. 2576) is amended by striking subsections (c) and (d).

(b)

Repeal of report on cost-sharing

Section 1313 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2894) is amended—

(1)

by striking subsection (c); and

(2)

by redesignating subsection (d) as subsections (c).

1052.

Report on detention operations in Iraq

(a)

Report required

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on detention operations at theater internment facilities in Iraq during the period beginning on January 1, 2007, and ending on the date of the report.

(b)

Elements

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

(1)

A detailed description of the policies and procedures governing detention operations at theater internment facilities in Iraq during the period covered by the report, and a description of any changes to such policies and procedures during that period intended to incorporate counterinsurgency doctrine within such detention operations.

(2)

A detailed description of the policies and programs instituted to prepare detainees for reintegration following their release from detention in theater interment facilities in Iraq, including programs of family visits and outreach, religious counseling, literacy, basic education, and vocational skills.

(3)

A detailed description of the procedures for reviewing the detention status of individuals under detention in theater detention facilities in Iraq during the period covered by the report, including the procedures of the Multinational Forces Review Committee, and an assessment of the effect, if any, on United States detention policy and procedures with respect to Iraq of the General Amnesty Law approved by the Council of Representatives on February 13, 2008, and signed by the Presidency Council on February 26, 2008.

(4)

Information for each month of the period covered by the report as follows:

(A)

The detainee population at each theater internment facility in Iraq as of the end of such month.

(B)

The number of detainees released from detention in theater internment facilities in Iraq during such month both in aggregate and in number released from each such theater internment facility.

(C)

The number of detainees in theater internment facilities in Iraq turned over to the control of the Government of Iraq for criminal prosecution during such month.

(5)

Information on the length of detainments in the theater internment facilities in Iraq as of each of January 1, 2007, and January 1, 2008, with a stratification of the number of individuals who had been so detained at each such date by six-month increments.

(6)

A description and assessment of the effects of changes in detention operations and reintegration programs at theater internment facilities in Iraq during the period of the report, including changes in levels of violence within internment facilities and in rates of recapture of detainees released from detention in internment facilities.

(7)

A statement of the costs of establishing and operating reintegration centers in Iraq and of the share of such costs to be paid by the Government of Iraq, and a description of plans for the transition of such centers to the control of the Government of Iraq.

(8)

A description of—

(A)

the lessons learned regarding detention operations in a counterinsurgency operation, an assessment of how such lessons could be applied to detention operations elsewhere (including in Afghanistan and at Guantanamo Bay, Cuba); and

(B)

any efforts to integrate such lessons into Department of Defense directives, joint doctrine, mission rehearsal exercises for deploying forces, and training for units involved in detention and interrogation operations.

(c)

Form

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

1053.

Strategic plan to enhance the role of the National Guard and Reserves in the national defense

(a)

Strategic plan required

(1)

In general

The Secretary of Defense shall develop a strategic plan to enhance the role of the National Guard and Reserves in the national defense, including—

(A)

the transition of the reserve components of the Armed Forces from a strategic force to an operational force;

(B)

the achievement of a fully-integrated total force (including further development of the continuum of service); and

(C)

the enhancement of the role of the reserve components of the Armed Forces in homeland defense.

(2)

Consultation

The Secretary shall develop the strategic plan required by this subsection in consultation with the Chairman of the Joint Chiefs of Staff and the Chief of the National Guard Bureau.

(b)

Consideration of existing findings, recommendations, and practices

In developing the strategic plan required by subsection (a), the Secretary shall consider the following:

(1)

The findings and recommendations of the final report of the Commission on the National Guard and Reserves.

(2)

The findings and recommendations of the Center for Strategic and International Studies on the future of the National Guard and Reserves.

(3)

The policies expressed in the provisions of the bill S. 2760 of the 110th Congress, to amend title 10, United States Code, to enhance the national defense through empowerment of the National Guard, enhancement of the functions of the National Guard Bureau, and improvement of Federal-State military coordination in domestic emergency response, and for other purposes.

(4)

Current policies and practices of the Department of Defense for the utilization of members and units of the reserve components of the Armed Forces.

(c)

Elements

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

(1)

A description of the legislative, organizational, and administrative actions required to make the reserve components of the Armed Forces a sustainable operational force.

(2)

A description of the legislative, organizational, and administrative actions required to enhance the Department of Defense role in homeland defense and support of civil authorities, with particular emphasis on the role of the reserve components of the Armed Forces in such role.

(3)

A description of the legislative, organizational, and administrative actions required to create a continuum of service in the reserve components of the Armed Forces, including a personnel management system for an integrated total force that will facilitate the seamless transition of members of National Guard and Reserves on and off active duty to meet mission requirements and permit different levels of participation by such members in the Armed Forces over the course of a military career.

(4)

A description of the legislative and administrative actions required to develop a ready, capable, and available operational reserve for the Armed Forces.

(5)

A description of the legislative and administrative actions required to reform organizations and institutions to support an operational reserve for the Armed Forces.

(6)

A description of the legislative and administrative actions required to enhance support to members of the Armed Forces, including members of the reserve components of the Armed Forces, their families, and their employers.

(d)

Deadline for submittal

The Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the plan required by subsection (a) not later than July 1, 2009.

1054.

Review of nonnuclear prompt global strike concept demonstrations

(a)

In general

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

(b)

Elements

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

(1)

The full cost of such concept demonstration.

(2)

An assessment of any policy, legal, or treaty-related issues that could arise during the course of, or as a result of, such concept demonstration.

(3)

The extent to which the concept demonstrated could be misconstrued as a nuclear weapon or delivery system.

(4)

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

(5)

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

(c)

Report

Not later than 30 days after the date on which the President submits to Congress the budget for fiscal year 2010 (as so submitted), the Secretary of Defense shall submit to the congressional defense committees a report setting forth the results of the review required by subsection (a).

1055.

Review of bandwidth capacity requirements of the Department of Defense and the intelligence community

(a)

In general

The Secretary of Defense and the Director of National Intelligence shall conduct a joint review of the bandwidth capacity requirements of the Department of Defense and the intelligence community in the near term, mid term, and long term.

(b)

Elements

The review required by subsection (a) shall include an assessment of the following:

(1)

The current bandwidth capacities of the Department of Defense and the intelligence community to transport data, including Government and commercial ground networks and satellite systems.

(2)

The bandwidth capacities anticipated to be available to the Department of Defense and the intelligence community to transport data in the near term, mid term, and long term.

(3)

The bandwidth and data requirements of current major operational systems of the Department of Defense and the intelligence community, including an assessment of—

(A)

whether such requirements are being appropriately met by the bandwidth capacities described in paragraph (1); and

(B)

the degree to which any such requirements are not being met by such bandwidth capacities.

(4)

The anticipated bandwidth and data requirements of major operational systems of the Department of Defense and the intelligence community planned for each of the near term, mid term, and long term, including an assessment of—

(A)

whether such anticipated requirements will be appropriately met by the bandwidth capacities described in paragraph (2); and

(B)

the degree to which any such requirements are not anticipated to be met by such bandwidth capacities.

(5)

Any mitigation concepts that could be used to satisfy any unmet bandwidth and data requirements.

(6)

The costs of meeting the bandwidth and data requirements described in paragraphs (3) and (4).

(7)

Any actions necessary to integrate or consolidate the information networks of the Department of Defense and the intelligence community.

(c)

Report

Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a report setting forth the results of the review required by subsection (a).

(d)

Formal review process for bandwidth requirements

The Secretary of Defense and the Director of National Intelligence shall, as part of the Milestone B or Key Decision Point B approval process for any major defense acquisition program or major system acquisition program, establish a formal review process to ensure that—

(1)

the bandwidth requirements needed to support such program are or will be met; and

(2)

a determination will be made with respect to how to meet the bandwidth requirements for such program.

(e)

Definitions

In this section:

(1)

Intelligence community

The term intelligence community means the elements of the intelligence community specified in or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

(2)

Long term

The term long term means the five-year period beginning on the date that is 10 years after the date of the enactment of this Act.

(3)

Mid term

The term mid term means the five-year period beginning on the date that is five years after the date of the enactment of this Act.

(4)

Near term

The term near term means the five-year period beginning on the date of the enactment of this Act.

F

Wounded Warrior Matters

1061.

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

(a)

Retirement of regulars and members on active duty for more than 30 days

Section 1201(b)(3)(B)(i) of title 10, United States Code, is amended—

(1)

by striking the member has six months or more of active military service and; and

(2)

by striking (unless compelling evidence and all that follows through active duty) and inserting (unless clear and unmistakable evidence demonstrates that the disability existed before the member's entrance on active duty and was not aggravated by active military service).

(b)

Separation of regulars and members on active duty for more than 30 days

Section 1203(b)(4)(B) of such title is amended—

(1)

by striking the member has six months or more of active military service, and; and

(2)

by striking (unless compelling evidence and all that follows through active duty) and inserting (unless clear and unmistakable evidence demonstrates that the disability existed before the member's entrance on active duty and was not aggravated by active military service).

1062.

Inclusion of service members in inpatient status in wounded warrior policies and protections

Section 1602(7) of the Wounded Warrior Act (title XVI of