U.S. Congress - Text of S.2787 as Introduced in Senate National Defense Authorization Act for Fiscal Year 2009
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Donate NowS.2787 - National Defense Authorization Act for Fiscal Year 2009
A bill to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2009, and for other purposes.
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S 2787 ISCommentsClose CommentsPermalink
To authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2009, and for other purposes.CommentsClose CommentsPermalink
March 31 (legislative day, March 13), 2008
Mr. LEVIN (for himself and Mr. MCCAIN) (by request) introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink
To authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2009, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Defense Authorization Act for Fiscal Year 2009'.CommentsClose CommentsPermalink
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions- This Act is organized into two divisions as follows:CommentsClose CommentsPermalink
(1) DIVISION A- Department of Defense Authorizations.CommentsClose CommentsPermalink
(2) DIVISION B- Military Construction Authorizations.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Organization of act into divisions; table of contents.CommentsClose CommentsPermalink
Sec. 3. Congressional defense committees.CommentsClose CommentsPermalink
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.CommentsClose CommentsPermalink
Sec. 102. Navy and Marine Corps.CommentsClose CommentsPermalink
Sec. 103. Air Force.CommentsClose CommentsPermalink
Sec. 104. Defense-wide activities.CommentsClose CommentsPermalink
Sec. 105. Rapid Acquisition Fund.CommentsClose CommentsPermalink
Sec. 106. Joint Improvised Explosive Device Defeat Fund.CommentsClose CommentsPermalink
Sec. 107. Defense Production Act purchases.CommentsClose CommentsPermalink
Subtitle B--Air Force Programs
Sec. 111. Performance based logistics contracts for the F-35 Joint Strike Fighter.CommentsClose CommentsPermalink
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Authorization of Appropriations
Sec. 201. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.CommentsClose CommentsPermalink
Sec. 302. Working capital funds.CommentsClose CommentsPermalink
Sec. 303. Other Department of Defense programs.CommentsClose CommentsPermalink
Subtitle B--Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake, Washington.CommentsClose CommentsPermalink
Subtitle C--Workplace and Depot Issues
Sec. 321. Exception from prohibition on contractor performance of firefighting functions.CommentsClose CommentsPermalink
Sec. 322. Exception to prohibition on contracts for performance of security guard functions.CommentsClose CommentsPermalink
Sec. 323. Authority to consider depot level maintenance and repair using contractor furnished equipment or leased facilities as core logistics.CommentsClose CommentsPermalink
Subtitle D--Other Matters
Sec. 331. Recovery of missing military property.CommentsClose CommentsPermalink
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.CommentsClose CommentsPermalink
Sec. 402. Increase in Marine Corps Reserve general officers in an active status.CommentsClose CommentsPermalink
Sec. 403. Exclusion of certain personnel from counting for active-duty end strengths.CommentsClose CommentsPermalink
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.CommentsClose CommentsPermalink
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.CommentsClose CommentsPermalink
Sec. 413. End strengths for military technicians (dual status).CommentsClose CommentsPermalink
Sec. 414. Fiscal year 2009 limitation on number of non-dual status technicians.CommentsClose CommentsPermalink
Sec. 415. Maximum number of Reserve personnel authorized to be on active duty for operational support.CommentsClose CommentsPermalink
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.CommentsClose CommentsPermalink
Sec. 422. Armed Forces Retirement Home.CommentsClose CommentsPermalink
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Amendment of limited exclusion of joint duty requirements.CommentsClose CommentsPermalink
Sec. 502. Changes to promotion policy objectives for joint officers.CommentsClose CommentsPermalink
Sec. 503. Length of joint duty assignments.CommentsClose CommentsPermalink
Sec. 504. Streamlining language of joint duty requirements for promotion to general or flag officer.CommentsClose CommentsPermalink
Sec. 505. Technical changes to `joint specialty' terminology.CommentsClose CommentsPermalink
Sec. 506. Conforming changes to `joint specialty' terminology.CommentsClose CommentsPermalink
Sec. 507. Increased tenure for lieutenant generals.CommentsClose CommentsPermalink
Subtitle B--Reserve Component Matters
Sec. 511. Extension of retention on the Reserve active status list of military technicians (dual status) until age 60.CommentsClose CommentsPermalink
Sec. 512. Increase age limitation of Reserve component chaplains and medical officers beyond age 64.CommentsClose CommentsPermalink
Sec. 513. Conforming amendments to increase the mandatory retirement age for Reserve officers.CommentsClose CommentsPermalink
Sec. 514. Authority to require the uniform by military technicians (dual status).CommentsClose CommentsPermalink
Sec. 515. National Guard officers in Federal and federally funded State status.CommentsClose CommentsPermalink
Sec. 516. Clarification of authority to consider for a vacancy promotion National Guard officers ordered to active duty during a contingency operation.CommentsClose CommentsPermalink
Subtitle C--Education and Training
Sec. 521. Awarding of Master of Arts in Strategic Security Studies.CommentsClose CommentsPermalink
Sec. 522. Tuition reimbursement and use of funds at the United States Air Force Institute of Technology.CommentsClose CommentsPermalink
Sec. 523. Expanded authority to award degrees.CommentsClose CommentsPermalink
Sec. 524. Authority to prescribe authorized strength for the United States Naval Academy.CommentsClose CommentsPermalink
Subtitle D--General Service Authorities
Sec. 531. Change in requirement for posthumous certification.CommentsClose CommentsPermalink
Sec. 532. Raise maximum reenlistment term.CommentsClose CommentsPermalink
Subtitle E--Other Matters
Sec. 541. Civil liability for noncompliance and enforcement of Servicemembers Civil Relief Act.CommentsClose CommentsPermalink
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonuses and Special and Incentive Pays
Sec. 601. One-year extension of certain bonus and special pays for Reserve forces.CommentsClose CommentsPermalink
Sec. 602. One-year extension of certain bonus and special pay authorities for certain health care professionals.CommentsClose CommentsPermalink
Sec. 603. One-year extension of special pay and bonus authorities for nuclear officers.CommentsClose CommentsPermalink
Sec. 604. Direct accession bonus for psychology officers.CommentsClose CommentsPermalink
Sec. 605. Extending maximum length of nuclear officer incentive pay agreements for service.CommentsClose CommentsPermalink
Subtitle B--Travel and Transportation Allowances
Sec. 611. Travel and transportation allowances for certain family members and the person designated to direct the disposition of the deceased's remains to attend the burial ceremony or memorial service of members who die on duty.CommentsClose CommentsPermalink
Subtitle C--Retired Pay and Survivor Benefits
Sec. 621. Waiver of recoupment of overpayments of retired pay to spouse or former spouse as a result of retroactive disability determination.CommentsClose CommentsPermalink
Sec. 622. Survivor Benefit Plan: extension of period for election deemed to have been made.CommentsClose CommentsPermalink
Sec. 623. Survivor Benefit Plan: multiple beneficiaries.CommentsClose CommentsPermalink
Sec. 624. Survivor Benefit Plan: financial responsibility for Survivor Benefit Plan participation.CommentsClose CommentsPermalink
Sec. 625. Survivor Benefit Plan: presumptive proportionate share.CommentsClose CommentsPermalink
Sec. 626. Revocation of ten-year rule for direct payment of retired pay.CommentsClose CommentsPermalink
Sec. 627. Allowing member to submit application for direct payment.CommentsClose CommentsPermalink
Sec. 628. Disregard periods of confinement for dependent victims of abuse.CommentsClose CommentsPermalink
Sec. 629. Clarifying amendment regarding jurisdiction for purposes of allocation of retired pay under the Uniformed Services Former Spouse Protection Act.CommentsClose CommentsPermalink
Sec. 630. Division of retired pay to be based on member's length of service and pay grade at time of divorce.CommentsClose CommentsPermalink
Sec. 631. Increases for divisions of retired pay expressed as a dollar amount.CommentsClose CommentsPermalink
Sec. 632. Prohibit court-ordered payments before retirement based on imputation of retired pay.CommentsClose CommentsPermalink
Sec. 633. Allow member to waive notice and provide court order upon request.CommentsClose CommentsPermalink
Sec. 634. Lump sum payments to former spouses of members of the uniformed services.CommentsClose CommentsPermalink
Subtitle D--Other Matters
Sec. 641. Permanent retention of eligibility for the earned income tax credit by servicemembers deployed to a combat zone.CommentsClose CommentsPermalink
Sec. 642. Exclusion from gross incomes of adjustments to the family separation allowance.CommentsClose CommentsPermalink
Sec. 643. Family pet shipment during evacuation of non-essential personnel.CommentsClose CommentsPermalink
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
Sec. 701. Revising TRICARE program cost sharing amounts.CommentsClose CommentsPermalink
Sec. 702. Changes in payment options for TRICARE Prime.CommentsClose CommentsPermalink
Sec. 703. Obstetrical travel for command-sponsored dependents of uniformed members assigned to very remote areas outside the continental United States.CommentsClose CommentsPermalink
Subtitle B--Other Matters
Sec. 711. Mental health evaluations of members of the Armed Forces by masters-level clinical social workers with an independent license.CommentsClose CommentsPermalink
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Revision to the requirement for 15-day waiting period to issue solicitations after publication of synopsis.CommentsClose CommentsPermalink
Sec. 802. Repeal of Small Business Competitiveness Demonstration Program.CommentsClose CommentsPermalink
Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 811. Unmanned systems.CommentsClose CommentsPermalink
Sec. 812. Enhanced transfer of technology developed at DoD laboratories.CommentsClose CommentsPermalink
Subtitle C--Other Matters
Sec. 821. Extension of length of contracts for renewable energy sources and associated services.CommentsClose CommentsPermalink
Sec. 822. Modification of authority to accept financial and other incentives related to energy savings and similar new authority related to energy systems.CommentsClose CommentsPermalink
Sec. 823. Timeliness requirements on post-award bid protest jurisdiction of the Court of Federal Claims.CommentsClose CommentsPermalink
Subtitle D--Other Matters
Sec. 831. Applicability of the restriction on specialty metals.CommentsClose CommentsPermalink
Sec. 832. Clarification of jurisdiction of the United States district courts to hear bid protest disputes involving maritime contracts.CommentsClose CommentsPermalink
Sec. 833. Streamline jurisdiction over government contract claims, disputes and appeals arising out of maritime contracts.CommentsClose CommentsPermalink
Sec. 834. Repeal of the military system breakout list.CommentsClose CommentsPermalink
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Permanent authority to accept gifts to benefit members of the Armed Forces and Department of Defense employees injured or killed in line of duty and their dependents.CommentsClose CommentsPermalink
Sec. 902. Modification of procedures to preserve the search and rescue capabilities of the Federal Government consistent with military requirements.CommentsClose CommentsPermalink
Subtitle B--Chemical Demilitarization Program
Sec. 911. Chemical Demilitarization Citizens' Advisory Commission in Colorado and Kentucky.CommentsClose CommentsPermalink
Sec. 912. Modify the termination requirements for assistance to State and local governments under the Chemical Stockpile Emergency Preparedness Program.CommentsClose CommentsPermalink
Subtitle C--Intelligence-Related Matters
Sec. 921. Operational files of the Defense Intelligence Agency.CommentsClose CommentsPermalink
Sec. 922. Prohibition on disclosure of certain geodetic products.CommentsClose CommentsPermalink
Sec. 923. Technical changes following the redesignation of National Imagery and Mapping Agency as National Geospatial-Intelligence Agency.CommentsClose CommentsPermalink
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Increase limitation on advance billing of working capital fund customers.CommentsClose CommentsPermalink
Sec. 1002. Crediting of admiralty claim receipts for damage to DoD working capital fund account property.CommentsClose CommentsPermalink
Sec. 1003. Licensing of intellectual property; definitions.CommentsClose CommentsPermalink
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Temporary waiver of the minimum aircraft carrier requirement.CommentsClose CommentsPermalink
Sec. 1012. Clarification of status of government rights in the designs of Department of Defense vessels, boats, craft, and components thereof.CommentsClose CommentsPermalink
Subtitle C--Counter-Drug Activities
Sec. 1021. Expansion and extension of authority to provide additional support for counter-drug activities of certain foreign governments.CommentsClose CommentsPermalink
Subtitle D--Matters Related to Homeland Security
Sec. 1031. Reserve support for responses to certain emergencies.CommentsClose CommentsPermalink
Sec. 1032. Reserve support to major public emergencies.CommentsClose CommentsPermalink
Sec. 1033. Reserve support to enforcement of Federal authority.CommentsClose CommentsPermalink
Sec. 1034. Reserve support to Federal aid for State Governments.CommentsClose CommentsPermalink
Sec. 1035. Procurement of equipment by State and local governments.CommentsClose CommentsPermalink
Sec. 1036. Confidential business and homeland security information sharing.CommentsClose CommentsPermalink
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Minimum annual purchase amounts for airlift from carriers participating in the Civil Reserve Air Fleet.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 1051. Presentation of burial flag to spouses.CommentsClose CommentsPermalink
Sec. 1052. Defense Production Act Amendments of 2008.CommentsClose CommentsPermalink
Sec. 1053. Amendment to annual submission of information regarding information technology capital assets.CommentsClose CommentsPermalink
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Increase in authorized number of Defense Intelligence Senior Executive Service employees.CommentsClose CommentsPermalink
Sec. 1102. Permanent extension of Department of Defense voluntary reduction in force authority.CommentsClose CommentsPermalink
Sec. 1103. Flexibility in paying annuity to Federal retirees who return to work.CommentsClose CommentsPermalink
Sec. 1104. Direct hire authority for healthcare professionals of the Deparment of Defense.CommentsClose CommentsPermalink
Sec. 1105. Extension of authority to make lump sum severance payments.CommentsClose CommentsPermalink
Sec. 1106. Technical change to the definition of a professional accounting position.CommentsClose CommentsPermalink
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Fund foreign visitors to the service academy international programs and establish per diem for faculty and cadets in study abroad programs.CommentsClose CommentsPermalink
Subtitle B--Nonproliferation Matters and Countries of Concern
Sec. 1211. Waiver of certain sanctions against North Korea.CommentsClose CommentsPermalink
Subtitle C--Other Matters
Sec. 1221. Sales of defense services to be performed overseas to support direct commercial sales by United States companies.CommentsClose CommentsPermalink
TITLE XIII--MATTERS RELATING TO BUILDING PARTNER CAPABILITIES TO COMBAT TERRORISM AND ENHANCE STABILITY
Subtitle A--Building Security Capacity and Non-Military Stabilization Support
Sec. 1301. Building the partnership capacity of foreign military and other security forces.CommentsClose CommentsPermalink
Subtitle B--Enhancing Partners' Capacity for Effective Operations
Sec. 1311. Loans of significant military equipment.CommentsClose CommentsPermalink
Sec. 1312. Grants of non-lethal excess defense articles by geographic combatant commanders.CommentsClose CommentsPermalink
Sec. 1313. Establishment of a defense coalition support account to maintain inventory of critical items for coalition partners.CommentsClose CommentsPermalink
Sec. 1314. Reimbursement of salaries for Reserve components in support of security cooperation missions.CommentsClose CommentsPermalink
Sec. 1315. Enhanced authority to pay incremental expenses for participation of developing countries in combined exercises.CommentsClose CommentsPermalink
Subtitle C--Developing Commonality by Expanding Professional Military Education, Training, and Support for Partners
Sec. 1321. Authority for distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability.CommentsClose CommentsPermalink
Sec. 1322. Enhancing participation of the Department of Defense in multinational military centers of excellence.CommentsClose CommentsPermalink
Sec. 1323. Regional defense combating terrorism fellowship program.CommentsClose CommentsPermalink
Sec. 1324. Military-to-military contacts and comparable activities.CommentsClose CommentsPermalink
Sec. 1325. Payment of personnel expenses for multilateral cooperation programs.CommentsClose CommentsPermalink
Sec. 1326. Enhancing the ability of the United States Government to conduct complex operations.CommentsClose CommentsPermalink
Subtitle D--Setting Conditions Through Support for Local Populations
Sec. 1331. Amendments of authority for humanitarian assistance.CommentsClose CommentsPermalink
Sec. 1332. Making permanent and global the commanders emergency response program for urgent humanitarian and reconstruction needs in the field.CommentsClose CommentsPermalink
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.CommentsClose CommentsPermalink
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2102. Family housing.CommentsClose CommentsPermalink
Sec. 2103. Improvements to military family housing units.CommentsClose CommentsPermalink
Sec. 2104. Authorization of appropriations, Army.CommentsClose CommentsPermalink
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2202. Family housing.CommentsClose CommentsPermalink
Sec. 2203. Improvements to military family housing units.CommentsClose CommentsPermalink
Sec. 2204. Authorization of appropriations, Navy.CommentsClose CommentsPermalink
Sec. 2205. Modification of authority to carry out certain fiscal year 2005 project inside the United States.CommentsClose CommentsPermalink
Sec. 2206. Modification of authority to carry out certain fiscal year 2007 projects inside the United States.CommentsClose CommentsPermalink
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2302. Family housing.CommentsClose CommentsPermalink
Sec. 2303. Improvements to military family housing units.CommentsClose CommentsPermalink
Sec. 2304. Authorization of appropriations, Air Force.CommentsClose CommentsPermalink
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2402. Energy conservation projects.CommentsClose CommentsPermalink
Sec. 2403. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005.CommentsClose CommentsPermalink
Sec. 2404. Authorization of appropriations, Defense Agencies.CommentsClose CommentsPermalink
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2502. Authorization of appropriations, NATO.CommentsClose CommentsPermalink
TITLE XXVI--CHEMICAL DEMILITARIZATION PROGRAM
Sec. 2601. Authorized Chemical Demilitarization Program construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2602. Authorization of appropriations, Chemical Demilitarization Construction, Defense-wide.CommentsClose CommentsPermalink
Sec. 2603. Modification of authority to carry out certain fiscal year 1997 project.CommentsClose CommentsPermalink
Sec. 2604. Modification of authority to carry out certain fiscal year 2000 project.CommentsClose CommentsPermalink
Sec. 2605. Modification of authority to carry out certain fiscal year 2007 project.CommentsClose CommentsPermalink
TITLE XXVII--GUARD AND RESERVE FORCES FACILITIES
Sec. 2701. Authorized Guard and Reserve construction and land acquisition projects.CommentsClose CommentsPermalink
TITLE XXVIII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2801. Expiration of authorizations and amounts required to be specified by law.CommentsClose CommentsPermalink
Sec. 2802. Extension of authorizations of certain fiscal year 2006 projects.CommentsClose CommentsPermalink
Sec. 2803. Extension of authorizations of certain fiscal year 2005 projects.CommentsClose CommentsPermalink
TITLE XXIX--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
Sec. 2901. Modification of long-term leasing authority for military family housing.CommentsClose CommentsPermalink
Sec. 2902. Unspecified minor construction.CommentsClose CommentsPermalink
Sec. 2903. Flexibility in determining domestic family housing lease maximums.CommentsClose CommentsPermalink
Sec. 2904. Transfer of proceeds from property conveyance, Marine Corps Logistics Base, Albany, Georgia.CommentsClose CommentsPermalink
Subtitle B--Real Property and Facilities Administration
Sec. 2911. Modification of utility system conveyance authority.CommentsClose CommentsPermalink
Sec. 2912. Repeal of requirement to follow State law governing the provision of electric utility service.CommentsClose CommentsPermalink
Sec. 2913. Permanent authority to purchase municipal services for military installations in the United States.CommentsClose CommentsPermalink
Sec. 2914. Clarification of congressional reporting requirements for certain real property transactions of the military departments.CommentsClose CommentsPermalink
Subtitle C--Base Closure and Realignment
Sec. 2921. Annual base closure and realignment report.CommentsClose CommentsPermalink
Subtitle D--Other Matters
Sec. 2931. Expand cooperative agreement authority for management of cultural resources to include off-installation mitigation.CommentsClose CommentsPermalink
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term `congressional defense committees' has the meaning given that term in
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Army as follows:CommentsClose CommentsPermalink
(1) For aircraft, $5,009,835,000.CommentsClose CommentsPermalink
(2) For missiles, $2,211,460,000.CommentsClose CommentsPermalink
(3) For weapons and tracked combat vehicles, $3,687,077,000.CommentsClose CommentsPermalink
(4) For ammunition, $2,275,791,000.CommentsClose CommentsPermalink
(5) For other procurement, $11,367,926,000.CommentsClose CommentsPermalink
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy- Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Navy as follows:CommentsClose CommentsPermalink
(1) For aircraft, $14,716,774,000.CommentsClose CommentsPermalink
(2) For weapons, including missiles and torpedoes, $3,575,482,000.CommentsClose CommentsPermalink
(3) For shipbuilding and conversion, $12,732,918,000.CommentsClose CommentsPermalink
(4) For other procurement, $5,482,856,000.CommentsClose CommentsPermalink
(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Marine Corps in the amount of $1,512,765,000.CommentsClose CommentsPermalink
(c) Navy and Marine Corps Ammunition- Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement of ammunition for the Navy and Marine Corps in the amount of $1,122,712,000.CommentsClose CommentsPermalink
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Air Force as follows:CommentsClose CommentsPermalink
(1) For aircraft, $12,676,496,000.CommentsClose CommentsPermalink
(2) For ammunition, $894,478,000.CommentsClose CommentsPermalink
(3) For missiles, $5,536,728,000.CommentsClose CommentsPermalink
(4) For other procurement, $16,128,396,000.CommentsClose CommentsPermalink
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2009 for Defense-wide procurement in the amount of $3,164,228,000.CommentsClose CommentsPermalink
SEC. 105. RAPID ACQUISITION FUND.
Funds are hereby authorized to be appropriated for fiscal year 2009 for Rapid Acquisition Fund in the amount of $102,045,000.CommentsClose CommentsPermalink
SEC. 106. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2009 for Joint Improvised Explosive Device Defeat Fund in the amount of $496,300,000.CommentsClose CommentsPermalink
SEC. 107. DEFENSE PRODUCTION ACT PURCHASES.
Funds are hereby authorized to be appropriated for fiscal year 2009 for Defense Production Act purchases in the amount of $36,365,000.CommentsClose CommentsPermalink
Subtitle B--Air Force Programs
SEC. 111. PERFORMANCE BASED LOGISTICS CONTRACTS FOR THE F-35 JOINT STRIKE FIGHTER.
(a) Availability of Operation and Maintenance Funds- Funds available to the Department of Air Force and the Department of Navy for operation and maintenance may be used to fund both expense and investment costs under Performance Based Logistics contracts for the Joint Strike Fighter (JSF) F-35.CommentsClose CommentsPermalink
(b) Definition- In this section, the term `Performance Based Logistics contract' means a contract for the acquisition of sustainment support as an integrated, affordable, performance package designed to optimize system readiness and availability, while achieving performance goals for the JSF with clear lines of authority and responsibility and with cost insight.CommentsClose CommentsPermalink
(c) Sunset- The authority provided by this section shall terminate on September 30, 2015.CommentsClose CommentsPermalink
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2009 for the use of the Department of Defense for research, development, test, and evaluation, as follows:CommentsClose CommentsPermalink
(1) For the Army, $10,524,085,000.CommentsClose CommentsPermalink
(2) For the Navy, $19,337,238,000.CommentsClose CommentsPermalink
(3) For the Air Force, $28,066,617,000.CommentsClose CommentsPermalink
(4) For Defense-wide activities, $21,688,001,000, of which $188,772,000 is authorized for the Director of Operational Test and Evaluation.CommentsClose CommentsPermalink
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2009 for the use of the Armed Forces and other activities and agencies of the Department of Defense, for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:CommentsClose CommentsPermalink
(1) For the Army, $31,243,092,000.CommentsClose CommentsPermalink
(2) For the Navy, $34,922,398,000.CommentsClose CommentsPermalink
(3) For the Marine Corps, $5,597,254,000.CommentsClose CommentsPermalink
(4) For the Air Force, $35,902,487,000.CommentsClose CommentsPermalink
(5) For the Defense-wide activities, $26,091,864,000.CommentsClose CommentsPermalink
(6) For the Army Reserve, $2,642,341,000.CommentsClose CommentsPermalink
(7) For the Navy Reserve, $1,311,085,000.CommentsClose CommentsPermalink
(8) For the Marine Corps Reserve, $213,131,000.CommentsClose CommentsPermalink
(9) For the Air Force Reserve, $3,142,892,000.CommentsClose CommentsPermalink
(10) For the Army National Guard, $5,875,546,000.CommentsClose CommentsPermalink
(11) For the Air National Guard, $5,879,576,000.CommentsClose CommentsPermalink
(12) For the United States Court of Appeals for the Armed Forces, $13,254,000.CommentsClose CommentsPermalink
(13) For Environmental Restoration, Army, $447,776,000.CommentsClose CommentsPermalink
(14) For Environmental Restoration, Navy, $290,819,000.CommentsClose CommentsPermalink
(15) For Environmental Restoration, Air Force, $496,227,000.CommentsClose CommentsPermalink
(16) For Environmental Restoration, Defense-wide, $13,175,000.CommentsClose CommentsPermalink
(17) For Environmental Restoration, Formerly Used Defense Sites, $257,796,000.CommentsClose CommentsPermalink
(18) For Overseas Humanitarian, Disaster, and Civic Aid programs, $83,273,000.CommentsClose CommentsPermalink
(19) For Former Soviet Union Threat Reduction programs, $414,135,000.CommentsClose CommentsPermalink
(20) For the Overseas Contingency Operations Transfer Fund, $9,101,000.CommentsClose CommentsPermalink
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2009 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:CommentsClose CommentsPermalink
(1) For the Defense Working Capital Funds, $1,489,234,000.CommentsClose CommentsPermalink
(2) For the National Defense Sealift Fund, $1,962,253,000.CommentsClose CommentsPermalink
(3) For the Defense Coalition Support Fund, $22,000,000.CommentsClose CommentsPermalink
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2009 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $23,615,202,000, of which--CommentsClose CommentsPermalink
(1) $23,117,359,000 is for Operation and Maintenance;CommentsClose CommentsPermalink
(2) $193,938,000 is for Research, Development, Test, and Evaluation; andCommentsClose CommentsPermalink
(3) $303,905,000 is for Procurement.CommentsClose CommentsPermalink
(b) Chemical Agents and Munitions Destruction, Army-CommentsClose CommentsPermalink
(1) AUTHORIZATION OF APPROPRIATIONS- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2009 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, in the amount of $1,485,634,000, of which--CommentsClose CommentsPermalink
(A) $1,152,668,000 is for Operation and Maintenance;CommentsClose CommentsPermalink
(B) $268,881,000 is for Research, Development, Test, and Evaluation; andCommentsClose CommentsPermalink
(C) $64,085,000 is for Procurement.CommentsClose CommentsPermalink
(2) USE- Amounts authorized to be appropriated under paragraph (1) are authorized for--CommentsClose CommentsPermalink
(A) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (
(B) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.CommentsClose CommentsPermalink
(c) Drug Interdiction and Counter-Drug Activities, Defense-Wide- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2009 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $1,060,463,000.CommentsClose CommentsPermalink
(d) Defense Inspector General- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2009 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $247,845,000, of which--CommentsClose CommentsPermalink
(1) $246,445,000 is for Operation and Maintenance; andCommentsClose CommentsPermalink
(2) $1,400,000 is for Procurement.CommentsClose CommentsPermalink
Subtitle B--Environmental Provisions
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE, WASHINGTON.
(a) Authority To Reimburse-CommentsClose CommentsPermalink
(1) TRANSFER AMOUNT- Using funds described in subsection (b), the Secretary of Defense may transfer not more than $64,049.40 to the Moses Lake Wellfield Superfund Site 10-6J Special Account.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Subtitle C--Workplace and Depot Issues
SEC. 321. EXCEPTION FROM PROHIBITION ON CONTRACTOR PERFORMANCE OF FIREFIGHTING FUNCTIONS.
`(5) A contract for the performance of firefighting functions to--CommentsClose CommentsPermalink
`(A) fight wildland fires such as range or forest fires, andCommentsClose CommentsPermalink
`(B) perform wildland fire management such as prescribed burning.'.CommentsClose CommentsPermalink
SEC. 322. EXCEPTION TO PROHIBITION ON CONTRACTS FOR PERFORMANCE OF SECURITY GUARD FUNCTIONS.
`(5) A contract for security guard functions at any military installation or facility for the duration of a Force Protection Condition higher than Alpha; provided that such contract shall not result in the displacement of any Federal employee, and shall continue in effect no more than 90 days following the termination of such a higher Force Protection Condition.'.CommentsClose CommentsPermalink
SEC. 323. AUTHORITY TO CONSIDER DEPOT LEVEL MAINTENANCE AND REPAIR USING CONTRACTOR FURNISHED EQUIPMENT OR LEASED FACILITIES AS CORE LOGISTICS.
`(h) Exception for Core Logistics- Depot-level maintenance and repair workload performed at a Center of Industrial and Technical Excellence by Federal Government employees using contractor-furnished equipment or by government employees utilizing government-leased facilities may be considered as workload necessary to maintain core logistics capability identified in section 2464 of this title if the depot-level maintenance and repair workload is the subject of a public-private partnership entered into pursuant to subsection (b).'.CommentsClose CommentsPermalink
Subtitle D--Other Matters
SEC. 331. RECOVERY OF MISSING MILITARY PROPERTY.
(a) In General-
`Sec. 2789. Recovery of Department of Defense property: unauthorized disposition
`(a) Prohibition- No member of the armed forces, civilian employee of the Government, contractor personnel, or any other person may sell, lend, pledge, barter, or give any clothing, arms, articles, equipment, or any other military or Department of Defense property to any unauthorized person.CommentsClose CommentsPermalink
`(b) Seizure of Improperly Disposed of Property- If a member of the armed forces, civilian employee of the Government, contractor personnel, or any other person has disposed of military or Department of Defense property in violation of subsection (a), any civil or military officer of the United States or any State or local law enforcement official may seize the property, wherever found. If such property is in the possession of a person who is not authorized to receive it, that person in possession has no title or right to, or interest in, the property. Possession of such property by a person who is neither a member of the armed forces nor an official of the United States is prima facie evidence that the property has been disposed of in violation of subsection (a).CommentsClose CommentsPermalink
`(c) Delivery of Seized Property- Any official who seizes property under subsection (b) and is not authorized to retain it for the United States shall deliver the property to an authorized member of the armed forces or other authorized official of the Department of Defense.CommentsClose CommentsPermalink
`(d) Retroactive Enforcement Authorized- This section shall apply to any military or Department of Defense property which was the subject of unauthorized disposition any time after January 1, 2002.CommentsClose CommentsPermalink
`(e) Severability Clause- In the event that any portion of this section is held unenforceable, all other portions of this section shall remain in full force and effect.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 165 of such title is amended by striking the item relating to section 2789 and inserting the following new item:CommentsClose CommentsPermalink
`2789. Recovery of Department of Defense property: unauthorized disposition.'.CommentsClose CommentsPermalink
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2009, as follows:CommentsClose CommentsPermalink
(1) The Army, 532,400.CommentsClose CommentsPermalink
(2) The Navy, 325,300.CommentsClose CommentsPermalink
(3) The Marine Corps, 194,000.CommentsClose CommentsPermalink
(4) The Air Force, 316,600.CommentsClose CommentsPermalink
SEC. 402. INCREASE IN MARINE CORPS RESERVE GENERAL OFFICERS IN AN ACTIVE STATUS.
The table in
SEC. 403. EXCLUSION OF CERTAIN PERSONNEL FROM COUNTING FOR ACTIVE-DUTY END STRENGTHS.
(a) In General-
`(14) Members of a reserve component ordered to active duty under section 12301(d) of this title or full-time National Guard duty under section 502(f)(2) of title 32 for the purpose of responding to a serious domestic manmade or natural disaster, accident, or catastrophe.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Such section is further amended by inserting `and (14)' in subsection (b)(3)(B) after `(8)'.CommentsClose CommentsPermalink
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General- The Armed Forces are authorized strengths for Selected Reserve personnel of the Reserve components as of September 30, 2009, as follows:CommentsClose CommentsPermalink
(1) The Army National Guard of the United States, 352,600.CommentsClose CommentsPermalink
(2) The Army Reserve, 205,000.CommentsClose CommentsPermalink
(3) The Navy Reserve, 66,700.CommentsClose CommentsPermalink
(4) The Marine Corps Reserve, 39,600.CommentsClose CommentsPermalink
(5) The Air National Guard of the United States, 106,700.CommentsClose CommentsPermalink
(6) The Air Force Reserve, 67,400.CommentsClose CommentsPermalink
(7) The Coast Guard Reserve, 10,000.CommentsClose CommentsPermalink
(b) Adjustments- The end strengths prescribed by subsection (a) for the Selected Reserve of any Reserve component shall be proportionately reduced by--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the Reserve components of the Armed Forces are authorized, as of September 30, 2009, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the Reserve components:CommentsClose CommentsPermalink
(1) The Army National Guard of the United States, 29,950.CommentsClose CommentsPermalink
(2) The Army Reserve, 16,170.CommentsClose CommentsPermalink
(3) The Navy Reserve, 11,099.CommentsClose CommentsPermalink
(4) The Marine Corps Reserve, 2,261.CommentsClose CommentsPermalink
(5) The Air National Guard of the United States, 14,337.CommentsClose CommentsPermalink
(6) The Air Force Reserve, 2,733.CommentsClose CommentsPermalink
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the last day of fiscal year 2009 for the Reserve components of the Army and the Air Force (notwithstanding
(1) For the Army Reserve, 8,395.CommentsClose CommentsPermalink
(2) For the Army National Guard of the United States, 27,210.CommentsClose CommentsPermalink
(3) For the Air Force Reserve, 10,003.CommentsClose CommentsPermalink
(4) For the Air National Guard of the United States, 22,452.CommentsClose CommentsPermalink
SEC. 414. FISCAL YEAR 2009 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.
(a) Limitations-CommentsClose CommentsPermalink
(1) NATIONAL GUARD- Within the limitation provided in
(A) For the Army National Guard of the United States, 1,600.CommentsClose CommentsPermalink
(B) For the Air National Guard of the United States, 350.CommentsClose CommentsPermalink
(2) ARMY RESERVE- The number of non-dual status technicians employed by the Army Reserve as of September 30, 2009, may not exceed 595.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Non-Dual Status Technicians Defined- In this section, the term `non-dual status technician' has the meaning given that term in
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2009, the maximum number of members of the Reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under
(1) The Army National Guard of the United States, 17,000.CommentsClose CommentsPermalink
(2) The Army Reserve, 13,000.CommentsClose CommentsPermalink
(3) The Navy Reserve, 6,200.CommentsClose CommentsPermalink
(4) The Marine Corps Reserve, 3,000.CommentsClose CommentsPermalink
(5) The Air National Guard of the United States, 16,000.CommentsClose CommentsPermalink
(6) The Air Force Reserve, 14,000.CommentsClose CommentsPermalink
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2009 a total of $114,896,340,000.CommentsClose CommentsPermalink
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2009 from the Armed Forces Retirement Home Trust Fund the sum of $63,010,000 for the operation of the Armed Forces Retirement Home.CommentsClose CommentsPermalink
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. AMENDMENT OF LIMITED EXCLUSION OF JOINT DUTY REQUIREMENTS.
SEC. 502. CHANGES TO PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.
(1) in subsection (a), by striking `that--(1)' and all that follows through the period at the end and inserting `that officers in the grade of major (or in the case of the Navy, lieutenant commander) or above who have been designated as a Joint Qualified Officer are expected as a group to be promoted to the next higher grade at a rate not less than the rate for officers of the same armed force in the same grade and competitive category.'; andCommentsClose CommentsPermalink
(2) in subsection (b), by striking `officers who are serving in, or have served in, joint duty assignments, especially with respect to the record of officer selection boards in meeting the objectives of paragraphs (1), (2), and (3) of subsection (a)' and inserting `Joint Qualified Officers in the grades of major (or in the case of the Navy, lieutenant commander) through colonel (or in the case of the Navy, captain), especially with respect to the record of officer selection boards in meeting the objective of subsection (a)'.CommentsClose CommentsPermalink
SEC. 503. LENGTH OF JOINT DUTY ASSIGNMENTS.
(1) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (1), by amending subparagraph (D) to read as follows:CommentsClose CommentsPermalink
`(D) a qualifying reassignment from a joint duty assignment--CommentsClose CommentsPermalink
`(i) for unusual personal reasons (including extreme hardship and medical conditions) beyond the control of the officer or the Armed Forces; orCommentsClose CommentsPermalink
`(ii) to another joint duty assignment immediately after--CommentsClose CommentsPermalink
`(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; orCommentsClose CommentsPermalink
`(II) the officer's position was eliminated in a reorganization.'; andCommentsClose CommentsPermalink
(B) by amending paragraph (3) to read as follows:CommentsClose CommentsPermalink
`(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).';CommentsClose CommentsPermalink
(2) in subsection (e), by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink
`(2) In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service:CommentsClose CommentsPermalink
`(A) Service described in subsection (c).CommentsClose CommentsPermalink
`(B) Service described in subsection (d).CommentsClose CommentsPermalink
`(C) Service described in subsection (f)(6).';CommentsClose CommentsPermalink
(3) in subsection (f)--CommentsClose CommentsPermalink
(A) by amending paragraphs (3) and (4) to read as follows:CommentsClose CommentsPermalink
`(3) Accrued joint experience in joint duty assignments as described in subsection (g).CommentsClose CommentsPermalink
`(4) A joint duty assignment outside the United States or in Alaska or Hawaii for which the normal accompanied-by-dependents tour of duty is prescribed by regulation to be at least two years in length, if the officer serves in the assignment for a period equivalent to the accompanied-by-dependents tour length.'; andCommentsClose CommentsPermalink
(B) by amending paragraph (6) to read as follows:CommentsClose CommentsPermalink
`(6) A second and subsequent joint duty assignment that is less than the period required under subsection (a), but not less than two years.';CommentsClose CommentsPermalink
(4) by striking subsection (g) and inserting the following:CommentsClose CommentsPermalink
`(g) Accrued Joint Experience- For the purposes of subsection (f)(3), joint experience (e.g., temporary duty in joint assignments, joint individual training, and participation in joint exercises) as prescribed in regulations by the Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff, may be aggregated to equal a full tour of duty.';CommentsClose CommentsPermalink
(5) in subsection (h)--CommentsClose CommentsPermalink
(A) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink
`(1) The Secretary of Defense may award constructive credit in the case of an officer (other than a general or flag officer) who, for reasons of military necessity, is reassigned from a joint duty assignment within 60 days of meeting the tour length criteria prescribed in subsection (f)(1), (f)(2), or (f)(4). The amount of constructive service that may be credited to such officer shall be the amount sufficient for the completion of the applicable tour of duty requirement, but in no case more than 60 days.'; andCommentsClose CommentsPermalink
(B) by striking paragraph (3); andCommentsClose CommentsPermalink
(6) by striking subsection (i).CommentsClose CommentsPermalink
SEC. 504. STREAMLINING LANGUAGE OF JOINT DUTY REQUIREMENTS FOR PROMOTION TO GENERAL OR FLAG OFFICER.
(a) In General-
(1) in the heading, by striking `joint duty assignment' and inserting `Joint Qualified Office designation';CommentsClose CommentsPermalink
(2) by amending subsection (a) to read as follows:CommentsClose CommentsPermalink
`(a) General Rule- An officer on the active-duty list of the Army, Navy, Air Force, or Marine Corps may not be appointed to the grade of brigadier general or rear admiral (lower half) unless the officer has been designated as a Joint Qualified Officer in accordance with section 661 of this title.';CommentsClose CommentsPermalink
(3) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking `paragraph (1) or paragraph (2) of subsection (a), or both paragraphs (1) and (2) of subsection (a),' in the matter preceding paragraph (1) and inserting `subsection (a)'; andCommentsClose CommentsPermalink
(B) in paragraph (4), by striking `within that immediate organization is not less than two years' and inserting `is not less than two years, and if the officer has successfully completed a program of education as described in subsections (b) and (c) of section 2155 of this title'; andCommentsClose CommentsPermalink
(4) by striking subsection (h).CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of subchapter II of chapter 36 of such title is amended by striking the item relating to section 619a and inserting the following new item:CommentsClose CommentsPermalink
`619a. Eligibility for consideration for promotion: Joint Qualified Officer designation required before promotion to general or flag grade; exceptions.'.CommentsClose CommentsPermalink
SEC. 505. TECHNICAL CHANGES TO `JOINT SPECIALTY' TERMINOLOGY.
(a) Joint Duty Assignments After Completion of Joint Professional Military Education-
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in the heading, by striking `Joint Specialty Officers- ' and inserting `Joint Qualified Officers- '; andCommentsClose CommentsPermalink
(B) by striking `officer with the joint specialty' and inserting `Joint Qualified Officer'; andCommentsClose CommentsPermalink
(2) in subsection (b)(1), by striking `do not have the joint specialty' and inserting `are not designated as Joint Qualified Officers'.CommentsClose CommentsPermalink
(b) Procedures for Monitoring Careers of Joint Officers- Section 665 of such title is amended--CommentsClose CommentsPermalink
(1) in subsection (a)(1)(A), by striking `officers with the joint specialty' and inserting `Joint Qualified Officers'; andCommentsClose CommentsPermalink
(2) in subsection (b)(1), by striking `officers with the joint specialty' and inserting `Joint Qualified Officers'.CommentsClose CommentsPermalink
SEC. 506. CONFORMING CHANGES TO `JOINT SPECIALTY' TERMINOLOGY.
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking `selected for the joint specialty' and inserting `designated as a Joint Qualified Officer'; andCommentsClose CommentsPermalink
(B) in subparagraph (B), by striking `selection for the joint specialty' and inserting `designation as a Joint Qualified Officer';CommentsClose CommentsPermalink
(2) in paragraph (2), by striking `officers with the joint specialty' and inserting `Joint Qualified Officers';CommentsClose CommentsPermalink
(3) in paragraph (3), by striking `selected for the joint specialty' each place it appears and inserting `designated as Joint Qualified Officers';CommentsClose CommentsPermalink
(4) in paragraph (4)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking `selected for the joint specialty' and inserting `designated as Joint Qualified Officers'; andCommentsClose CommentsPermalink
(B) by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink
`(B) a comparison of the number of officers who were designated as a Joint Qualified Officer who had served in a Joint Duty Assignment List billet and completed Joint Professional Military Education Phase II, with the number designated as a Joint Qualified Officer based on their aggregated joint experiences and completion of Joint Professional Military Education Phase II.';CommentsClose CommentsPermalink
(5) by striking paragraph (5);CommentsClose CommentsPermalink
(6) by amending paragraph (6) to read as follows:CommentsClose CommentsPermalink
`(6) The promotion rate for Joint Qualified Officers, compared with the promotion for other officers considered for promotion from within the promotion zone in the same pay grade and the same competitive category. A similar comparison will be made for officers both below the promotion zone and above the promotion zone.';CommentsClose CommentsPermalink
(7) by striking paragraphs (7), (8), and (9);CommentsClose CommentsPermalink
(8) in paragraph (10), by striking `selection for the joint specialty' and inserting `designation as a Joint Qualified Officer';CommentsClose CommentsPermalink
(9) by striking paragraph (13); andCommentsClose CommentsPermalink
(10) by amending paragraph (16) to read as follows:CommentsClose CommentsPermalink
`(16) The number of officers, captain (or in the case of the Navy, lieutenant) and above, certified at each level of joint qualification as established in regulation and policy by the Secretary of Defense with the advice of the Chairman of the Joint Chiefs of Staff. Such numbers shall be reported by service and grade of the officer.'.CommentsClose CommentsPermalink
SEC. 507. INCREASED TENURE FOR LIEUTENANT GENERALS.
(1) by redesignating subsections (c), (d), and (e) as subsections (d), (e) and (g), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink
`(c) Thirty-Eight Years of Service for Lieutenant Generals and Vice Admirals- Unless retired, Retired Reserve, or discharged at an earlier date, each Reserve officer of the Army, Air Force, or Marine Corps in the grade of lieutenant general, and each Reserve officer of the Navy in the grade of vice admiral shall be separated in accordance with section 14514 of this title on the later of the following:CommentsClose CommentsPermalink
`(1) 30 days after completion of 38 years of commissioned service; orCommentsClose CommentsPermalink
`(2) the fifth anniversary of the date of the officer's appointment in the grade of lieutenant general or vice admiral.'; andCommentsClose CommentsPermalink
(3) by inserting after subsection (e) the following new subsection (f):CommentsClose CommentsPermalink
`(f) Retention of Lieutenant Generals- A Reserve officer of the Army or Air Force in the grade of lieutenant general who would otherwise be removed from an active status under subsection (b) may in the discretion of the Secretary of the Army or the Secretary of the Air Force, as the case may be, be retained in an active status, but not later than the date on which the officer becomes 66 years of age.'.CommentsClose CommentsPermalink
Subtitle B--Reserve Component Matters
SEC. 511. EXTENSION OF RETENTION ON THE RESERVE ACTIVE STATUS LIST OF MILITARY TECHNICIANS (DUAL STATUS) UNTIL AGE 60.
SEC. 512. INCREASE AGE LIMITATION OF RESERVE COMPONENT CHAPLAINS AND MEDICAL OFFICERS BEYOND AGE 64.
(a) Reserve Chaplains and Medical Officers-
(b) National Guard Chaplains and Medical Officers-
(1) by striking `or' at the end of paragraph (1);CommentsClose CommentsPermalink
(2) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (1) the following new paragraph (2):CommentsClose CommentsPermalink
`(2) in the case of a chaplain or medical officer, he becomes 68 years of age; or,'.CommentsClose CommentsPermalink
SEC. 513. CONFORMING AMENDMENTS TO INCREASE THE MANDATORY RETIREMENT AGE FOR RESERVE OFFICERS.
(a) Selective Service and United States Property and Fiscal Officers-
(b) Retention of Reserve Officers-CommentsClose CommentsPermalink
(1) INCREASED AGE- Section 14702(b) of such title is amended by striking `60 years' and inserting `62 years'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(A) The heading for such section is amended by striking `60' and inserting `62'.CommentsClose CommentsPermalink
(B) The heading for subsection (b) of such section is amended by striking `60' and inserting `62'.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
`14702. Retention on Reserve active-status list of certain officers until age 62.'.CommentsClose CommentsPermalink
SEC. 514. AUTHORITY TO REQUIRE THE UNIFORM BY MILITARY TECHNICIANS (DUAL STATUS).
`(4) Under regulations prescribed by the Secretary concerned, the Secretary may require a military technician (dual status), while performing duties as a military technician (dual status), to wear the uniform appropriate for the member's grade and component of the Armed Forces.'.CommentsClose CommentsPermalink
SEC. 515. NATIONAL GUARD OFFICERS IN FEDERAL AND FEDERALLY FUNDED STATE STATUS.
(1) in subsection (a)(2), by striking `in command of a National Guard unit';CommentsClose CommentsPermalink
(2) by redesignating subsection (b) as subsection (d); andCommentsClose CommentsPermalink
(3) by inserting after subsection (a) the following new subsections:CommentsClose CommentsPermalink
`(b) Advance Authorization and Consent- The President and Governor of the State or Territory or Puerto Rico, or the commanding general of the District of Columbia National Guard, as the case may be, respectively, may give the authorization and consent required by subsection (a)(2), in advance, for the purpose of establishing the succession of command of a unit.CommentsClose CommentsPermalink
`(c) National Guard Duties- An officer who is not relieved from duty in the National Guard while serving on active duty pursuant to subsection (a)(2) may perform any duty authorized to be performed by the laws of his State or Territory, Puerto Rico, or the District of Columbia, as the case may be, by the National Guard without regard to the limitations imposed by section 1385 of title 18, provided the officer is exercising those duties in his status as a member of the National Guard and not in his status as a member of the National Guard of the United States.'.CommentsClose CommentsPermalink
SEC. 516. CLARIFICATION OF AUTHORITY TO CONSIDER FOR A VACANCY PROMOTION NATIONAL GUARD OFFICERS ORDERED TO ACTIVE DUTY DURING A CONTINGENCY OPERATION.
(1) in subsection (d), by inserting before the period at the end of the first sentence the following: `, or the officer has been ordered to or is serving on active duty in support of a contingency operation'; andCommentsClose CommentsPermalink
(2) in subsection (e)(1)(B), by inserting `, or by examination for Federal recognition under title 32' after `title'.CommentsClose CommentsPermalink
Subtitle C--Education and Training
SEC. 521. AWARDING OF MASTER OF ARTS IN STRATEGIC SECURITY STUDIES.
(a) In General-
(1) by striking the heading and inserting the following:CommentsClose CommentsPermalink
`Sec. 2163. National Defense University: master's degree programs';
(2) in subsection (a), by inserting `or master of arts' after `science'; andCommentsClose CommentsPermalink
(3) in subsection (b), by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(4) MASTER OF ARTS IN STRATEGIC SECURITY STUDIES- The degree of master of arts in strategic security studies, to graduates of the University who fulfill the requirements of the program at the School for National Security Executive Education.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 108 of such title is amended by striking the item relating to section 2163 and inserting the following new item:CommentsClose CommentsPermalink
`2163. National Defense University: master's degree programs.'.CommentsClose CommentsPermalink
(c) Applicability to 2006-2008 Graduates- Paragraph (4) of
SEC. 522. TUITION REIMBURSEMENT AND USE OF FUNDS AT THE UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.
`(4)(A) To cover the costs of their attendance, the Air Force Institute of Technology shall charge tuition for students who are not--CommentsClose CommentsPermalink
`(i) members of the Armed Forces under paragraphs (1) through (3); norCommentsClose CommentsPermalink
`(ii) attending the Institute under Department of the Air Force sponsorship.CommentsClose CommentsPermalink
The organization sending such a student shall bear the costs of tuition for that student.CommentsClose CommentsPermalink
`(B) The students covered by subparagraph (A) include civilian employees from military departments other than the Air Force, other Department of Defense agencies, other Federal agencies, and private (non-governmental) entities.CommentsClose CommentsPermalink
`(5) Amounts received by the Institute for instruction of students enrolled under this section shall be retained by the Institute to defray the costs of such instruction. The source and disposition of such funds shall be specifically identified in the records of the Institute.'.CommentsClose CommentsPermalink
SEC. 523. EXPANDED AUTHORITY TO AWARD DEGREES.
(a) United States Army War College- (1) The text of
`Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army War College may, upon recommendation of the faculty of the college, confer appropriate degrees upon graduates of the college who meet the degree requirements consistent with the recommendations of the United States Department of Education and principles of the regional accrediting body.'.CommentsClose CommentsPermalink
(2) The heading for such section is amended by striking `: master of strategic studies degree'.CommentsClose CommentsPermalink
(3) The table of sections at the beginning of chapter 401 of such title is amended by striking the item relating to section 4321 and inserting the following new item:CommentsClose CommentsPermalink
`4321. United States Army War College.'.CommentsClose CommentsPermalink
(b) United States Army Command and General Staff College- The text of section 4314 of such title is amended to read as follows:CommentsClose CommentsPermalink
`Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army Command and General Staff College may, upon recommendation of the faculty of the college, confer appropriate degrees upon graduates of the college who meet the degree requirements consistent with the recommendations of the United States Department of Education and principles of the regional accrediting body.'.CommentsClose CommentsPermalink
(c) Marine Corps University- (1) Section 7102 of such title is amended--CommentsClose CommentsPermalink
(A) by striking subsections (a), (b), (c), and (d) and inserting the following new subsection (a):CommentsClose CommentsPermalink
`(a) Authority- Under regulations prescribed by the Secretary of the Navy, the President of the Marine Corps University may, upon recommendation of the faculty of a school or college of Marine Corps University, confer appropriate degrees upon graduates of the school or college who meet the degree requirements consistent with the recommendations of the United States Department of Education and principles of the regional accrediting body.';CommentsClose CommentsPermalink
(B) by redesignating subsection (e) as subsection (b); andCommentsClose CommentsPermalink
(C) by striking `masters degrees' in the heading and inserting `authority'.CommentsClose CommentsPermalink
(2) The table of sections at the beginning of chapter 401 of such title is amended by striking the item relating to section 7102 and inserting the following new title:CommentsClose CommentsPermalink
`7102. Marine Corps University: authority; board of advisors.'.CommentsClose CommentsPermalink
(d) United States Air Force Institute of Technology- Section 9314(a) of such title is amended to read as follows:CommentsClose CommentsPermalink
`(a) Authority- Under regulations prescribed by the Secretary of the Air Force, the Commander of Air University may, upon recommendation of the faculty of the United States Air Force Institute of Technology, confer appropriate degrees upon graduates of those programs who meet the degree requirements consistent with the recommendations of the United States Department of Education and principles of the regional accrediting body.'.CommentsClose CommentsPermalink
(e) Air University- The text of section 9317 of such title is amended to read as follows:CommentsClose CommentsPermalink
`Under regulations prescribed by the Secretary of the Air Force, the Commander of Air University may, upon recommendation of the faculty of the Air Force programs, confer appropriate degrees upon graduates of those programs who meet the degree requirements consistent with the recommendations of the United States Department of Education and principles of the regional accrediting body.'.CommentsClose CommentsPermalink
SEC. 524. AUTHORITY TO PRESCRIBE AUTHORIZED STRENGTH FOR THE UNITED STATES NAVAL ACADEMY.
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `4,000 or such higher number' and inserting `4,400 or such lower number';CommentsClose CommentsPermalink
(B) by striking `under subsection (h)'; andCommentsClose CommentsPermalink
(C) by striking `limitation' and inserting `prescription'; andCommentsClose CommentsPermalink
(2) by striking subsection (h).CommentsClose CommentsPermalink
Subtitle D--General Service Authorities
SEC. 531. CHANGE IN REQUIREMENT FOR POSTHUMOUS CERTIFICATION.
(a) Posthumous Commissions-
(1) in subsection (a), by striking `in line of duty' each place it appears; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(c) A commission issued under subsection (a) shall require certification by the Secretary of the military department concerned that at the time of death the member was qualified for appointment to the next higher grade.'.CommentsClose CommentsPermalink
(b) Posthumous Warrants- Section 1522(a) of such title is amended--CommentsClose CommentsPermalink
(1) by striking `in line of duty'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new sentence: `Warrants issued under this subsection shall require a finding by the Secretary of the military department concerned that at the time of death the member was qualified for appointment to the next higher grade.'.CommentsClose CommentsPermalink
SEC. 532. RAISE MAXIMUM REENLISTMENT TERM.
(a) In General-
(1) in paragraph (2), by striking `six' and inserting `eight'; andCommentsClose CommentsPermalink
(2) in paragraph (3)(A), by striking `six' and inserting `eight'.CommentsClose CommentsPermalink
(b) Conforming Amendment-
Subtitle E--Other Matters
SEC. 541. CIVIL LIABILITY FOR NONCOMPLIANCE AND ENFORCEMENT OF SERVICEMEMBERS CIVIL RELIEF ACT.
(a) General Civil Liability and Enforcement- The Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by adding at the end the following new title:CommentsClose CommentsPermalink
`TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE AND ENFORCEMENT
`SEC. 801. ENFORCEMENT BY THE ATTORNEY GENERAL.
`(a) Enforcement by Attorney General- The Attorney General may commence a civil action in any appropriate United States District Court whenever the Attorney General has reasonable cause to believe that--CommentsClose CommentsPermalink
`(1) any person or group of persons is engaged in, or has engaged in, a pattern or practice of conduct in violation of any provision of this Act; orCommentsClose CommentsPermalink
`(2) any person or group of persons is denying, or has denied, any person or group of persons any protection afforded by any provision of this Act, and such denial raises an issue of general public importance.CommentsClose CommentsPermalink
`(b) Relief Which May Be Granted in Civil Actions- In a civil action under subsection (a), the court may--CommentsClose CommentsPermalink
`(1) enter any temporary restraining order, temporary or permanent injunction, or other order as may be appropriate;CommentsClose CommentsPermalink
`(2) award monetary damages to a servicemember, dependent, or other person protected by any provision of this Act who is harmed by the failure to comply with any provision of this Act, including actual and punitive damages; andCommentsClose CommentsPermalink
`(3) to vindicate the public interest, assess a civil penalty against each defendant--CommentsClose CommentsPermalink
`(A) in an amount not exceeding $55,000 for a first violation; andCommentsClose CommentsPermalink
`(B) in an amount not exceeding $110,000 for any subsequent violation.CommentsClose CommentsPermalink
`(c) Intervention in Civil Actions- Upon timely application, a servicemember, dependent, or other person protected by any provision of this Act may intervene in a civil action commenced by the Attorney General which involves an alleged violation of this Act with respect to which such person claims to be harmed. The court may grant to any such intervening party such appropriate relief as is authorized under subsection (b)(1) or (b)(2). The court may, in its discretion, allow an intervening party who is a prevailing party reasonable attorney's fees and costs.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents in section 1(b) of the Servicemembers Civil Relief Act is amended by adding at the end the following:CommentsClose CommentsPermalink
`TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE AND ENFORCEMENT
`Sec. 801. Enforcement by the Attorney General.'.CommentsClose CommentsPermalink
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonuses and Special and Incentive Pays
SEC. 601. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAYS FOR RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically Short Wartime Specialties-
(b) Selected Reserve Reenlistment Bonus- Section 308b(g) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.CommentsClose CommentsPermalink
(c) Selected Reserve Affiliation or Enlistment Bonus- Section 308c(i) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.CommentsClose CommentsPermalink
(d) Special Pay for Enlisted Members Assigned to Certain High Priority Units- Section 308d(c) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.CommentsClose CommentsPermalink
(e) Ready Reserve Non-Prior Service Enlistment Bonus- Section 308g(f)(2) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.CommentsClose CommentsPermalink
(f) Ready Reserve Enlistment and Reenlistment Bonus- Section 308h(e) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.CommentsClose CommentsPermalink
(g) Prior Service Reenlistment Bonus- Section 308i(f) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.CommentsClose CommentsPermalink
(h) Repayment of Education Loans for Certain Health Professionals Who Serve in the Selected Reserve-
SEC. 602. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program-
(b) Accession Bonus for Registered Nurses-
(c) Incentive Special Pay for Nurse Anesthetists- Section 302e(a)(1) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.CommentsClose CommentsPermalink
(d) Accession Bonus for Dental Officers- Section 302h(a)(1) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.CommentsClose CommentsPermalink
(e) Accession Bonus for Pharmacy Officers- Section 302j(a) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.CommentsClose CommentsPermalink
(f) 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'.CommentsClose CommentsPermalink
(g) 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'.CommentsClose CommentsPermalink
SEC. 603. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service-
(b) Nuclear Career Accession Bonus- Section 312b(c) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.CommentsClose CommentsPermalink
(c) Nuclear Career Annual Incentive Bonus- Section 312c(d) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.CommentsClose CommentsPermalink
SEC. 604. DIRECT ACCESSION BONUS FOR PSYCHOLOGY OFFICERS.
(a) In General- Chapter 5 of title 37, United States Code, is amended by inserting after section 302l the following new section:CommentsClose CommentsPermalink
`Sec. 302m. Special pay: accession bonus for psychology officers
`(a) Accession Bonus Authorized- A person who is a fully licensed psychologist and who executes a written agreement described in subsection (d) to accept a commission as an officer of the Armed Forces and remain on active duty for a period of not less than four consecutive years may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus in the amount determined by the Secretary concerned.CommentsClose CommentsPermalink
`(b) Amount of Bonus- The amount of an accession bonus under subsection (a) may not exceed $70,000.CommentsClose CommentsPermalink
`(c) Limitation on Eligibility for Bonus- A person may not be paid a bonus under subsection (a) if--CommentsClose CommentsPermalink
`(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; orCommentsClose CommentsPermalink
`(2) the Secretary concerned determines that the person is not qualified to become and remain certified as a psychologist.CommentsClose CommentsPermalink
`(d) 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 the Medical Service Corps of the Army or the Navy or as an officer of the Air Force designated as a biomedical sciences officer.CommentsClose CommentsPermalink
`(e) Repayment- A person who, after executing 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 in a specialty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 302l the following new item:CommentsClose CommentsPermalink
`302m. Special pay: accession bonus for psychology officers.'.CommentsClose CommentsPermalink
SEC. 605. EXTENDING MAXIMUM LENGTH OF NUCLEAR OFFICER INCENTIVE PAY AGREEMENTS FOR SERVICE.
Subtitle B--Travel and Transportation Allowances
SEC. 611. TRAVEL AND TRANSPORTATION ALLOWANCES FOR CERTAIN FAMILY MEMBERS AND THE PERSON DESIGNATED TO DIRECT THE DISPOSITION OF THE DECEASED'S REMAINS TO ATTEND THE BURIAL CEREMONY OR MEMORIAL SERVICE OF MEMBERS WHO DIE ON DUTY.
(a) Unconditional Eligibility of Minor Siblings-
`(D) Any unmarried brother or sister of the deceased member who is under 21 years of age, or if age 21 or more a dependent child of the parent or parents of the deceased member, as determined under regulations prescribed under subsection (f).'.CommentsClose CommentsPermalink
(b) Unconditional Eligibility of Person Directing Disposition of Remains- Subsection (a) of such section is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(3) The person who directs the disposition of the remains of the deceased member under section 1482(c) of title 10, or, in the case of a deceased member whose remains are commingled and buried in a common grave in a national cemetery, the person who would have been designated under such section to direct the disposition of the remains if individual identification had been made.'; andCommentsClose CommentsPermalink
(c) Conforming Amendment- Subsection (c)(2) of such section is amended by striking `to--' and all that follows through `(B)' and inserting `to up to two additional persons closely related to the deceased member who are selected by the person referred to under subsection (a)(3)'.CommentsClose CommentsPermalink
Subtitle C--Retired Pay and Survivor Benefits
SEC. 621. WAIVER OF RECOUPMENT OF OVERPAYMENTS OF RETIRED PAY TO SPOUSE OR FORMER SPOUSE AS A RESULT OF RETROACTIVE DISABILITY DETERMINATION.
`(g)(1) The Director of the Office of Management and Budget or the Secretary concerned, as the case may be, shall waive any claim for overpayment against a spouse or former spouse of a member if--CommentsClose CommentsPermalink
`(A) the payment was disposable retired pay that, pursuant to section 1408 of this title, a court treated as property for the purpose of issuing a final decree of divorce, dissolution, annulment, or legal separation, including a court ordered, ratified, or approved property settlement incident to such decree; andCommentsClose CommentsPermalink
`(B) the claim for overpayment is attributable to a determination of entitlement to disability compensation under title 38.CommentsClose CommentsPermalink
`(2) In this section:CommentsClose CommentsPermalink
`(A) The term `court' has the meaning given such term in section 1408(a)(1) of this title.CommentsClose CommentsPermalink
`(B) The term `disposable retired pay' has the meaning given such term in section 1408(a)(4) of this title.CommentsClose CommentsPermalink
`(C) The term `final decree' has the meaning given such term in section 1408(a)(3) of this title.CommentsClose CommentsPermalink
`(D) The term `member' has the meaning given such term in section 1408(a)(5) of this title.CommentsClose CommentsPermalink
`(E) The term `spouse or former spouse' has the meaning given such term in section 1408(a)(6) of this title.'.CommentsClose CommentsPermalink
SEC. 622. SURVIVOR BENEFIT PLAN: EXTENSION OF PERIOD FOR ELECTION DEEMED TO HAVE BEEN MADE.
(a) In General-
(b) Effective Date- The amendment made by this section shall apply with respect to divorces, dissolutions, annulments, or legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 623. SURVIVOR BENEFIT PLAN: MULTIPLE BENEFICIARIES.
(a) Permit Spouse and Former Spouse Coverage-
(1) in subparagraph (B)--CommentsClose CommentsPermalink
(A) by striking `prevents payment' and inserting `reduces the amount'; andCommentsClose CommentsPermalink
(B) by striking `including payment' and inserting `including the amount of an annuity'; andCommentsClose CommentsPermalink
(2) in subparagraph (C), by striking `which former spouse is to be provided the annuity' and inserting `the base amount applicable in determining the amount of the annuity of each former spouse'.CommentsClose CommentsPermalink
(b) Permit Spouse and Former Spouse Annuities- Section 1450(a)(1) of such title is amended to read as follows:CommentsClose CommentsPermalink
`(1) SURVIVING SPOUSE AND FORMER SPOUSE(S)- The eligible surviving spouse and every eligible former spouse.'.CommentsClose CommentsPermalink
(c) Permit Reductions in Retired Pay in the Case of Multiple Beneficiaries- Section 1452 of such title is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(k) Reductions in Retired Pay in the Case of Multiple Beneficiaries- When a participant in the Plan has elected to provide an annuity to a spouse and to one or more former spouses, reductions in retired pay required by subsection (a) shall be made for each annuity elected, in an amount based on the base amount applicable to each annuity. In the case of a reduction in retired pay to provide an annuity to a former spouse to whom payment of a portion of a member's retired pay is being made pursuant to a court order under section 1408 of this title, such reduction in retired pay shall be deducted from the amounts paid to such member, to such former spouse, or both, as provided by court order or by agreement of the parties.'.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by subsections (a), (b), and (c) apply with respect to elections made on or after the date of enactment of this Act. Any election to provide an annuity to a spouse or former spouse who was prevented from being a beneficiary under the laws in effect before the date of enactment of this Act shall be made within 180 days following the date of enactment of this Act.CommentsClose CommentsPermalink
(e) Coverage for Survivors of Retirement-Eligible Members Who Die on Active Duty- (1) Section 1448(d) of such title is amended--CommentsClose CommentsPermalink
(A) in paragraph (3), by striking `the Secretary--(A) may not pay an annuity under paragraph (1) or (2); but (B)' and inserting `the Secretary'; andCommentsClose CommentsPermalink
(B) by amending paragraph (5) to read as follows:CommentsClose CommentsPermalink
`(5) COMPUTATION- (A) The amount of an annuity payable to a former spouse pursuant to paragraph (3) shall be computed on the basis of a base amount equal to the amount of retired pay that, under the authority of section 1408(c) of this title, is treated under a court order or spousal agreement as the property of such former spouse.CommentsClose CommentsPermalink
`(B) The amount of an annuity payable under paragraph (1) or (2) shall be computed under section 1451(c) of this title; however, the retired pay otherwise applicable with respect to such computation shall be reduced by an amount equal to the base amount that provides the basis for computing the amount of an annuity payable to a former spouse under paragraph (3) of this subsection.'.CommentsClose CommentsPermalink
(2) Effective Date- The amendments made by paragraph (1) shall apply with respect to survivors of retirement-eligible members who die on active duty on or after the date of enactment of this Act.CommentsClose CommentsPermalink
(f) Coverage for Survivors of Persons Dying When Eligible To Elect Reserve Component Annuity- (1) Section 1448(f) of such title is amended--CommentsClose CommentsPermalink
(A) by striking `the Secretary--(A) may not pay an annuity under paragraph (1) or (2); but (B)' and inserting `the Secretary'; andCommentsClose CommentsPermalink
(B) by amending paragraph (4) to read as follows:CommentsClose CommentsPermalink
`(4) COMPUTATION- (A) The amount of an annuity payable to a former spouse pursuant to paragraph (3) shall be computed on the basis of a base amount equal to the amount of retired pay that, under the authority of section 1408(c) of this title, is treated under a court order or spousal agreement as the property of such former spouse.CommentsClose CommentsPermalink
`(B) The amount of an annuity payable under paragraph (1) or (2) shall be computed under section 1451(c) of this title; however, the retired pay otherwise applicable with respect to such computation shall be reduced by an amount equal to the base amount that provides the basis for computing the amount of an annuity payable to a former spouse under paragraph (3) of this subsection.'.CommentsClose CommentsPermalink
(2) Effective Date- The amendments made by paragraph (1) shall apply with respect to survivors of persons eligible to elect reserve component annuity retirement-eligible members who die on or after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 624. SURVIVOR BENEFIT PLAN: FINANCIAL RESPONSIBILITY FOR SURVIVOR BENEFIT PLAN PARTICIPATION.
(a) Spouse and Former Spouse Annuities-
(1) in paragraph (1), by inserting `paragraph (6) of this subsection or' after `Except as provided in'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(6) COURT ORDER- If a court order requires the former spouse to pay all or a part of the costs associated with providing an annuity to the former spouse, the participant's retired pay shall not be reduced by the portion that the former spouse is required to pay. The portion of Plan costs that a former spouse is required to pay pursuant to a Court order under this paragraph must either be paid by direct remittance or as a deduction from the former spouse's share of the member's retired pay that is received by direct payment pursuant to section 1408 of this title.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by this section shall apply with respect to divorces, dissolutions, annulments, or legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 625. SURVIVOR BENEFIT PLAN: PRESUMPTIVE PROPORTIONATE SHARE.
(a) Presumptive Base Amount for Former Spouse-
`(D) PRESUMPTIVE PROPORTIONATE AMOUNT FOR FORMER SPOUSE- In the case of an annuity provided under the Plan for a former spouse, unless otherwise agreed to by the member and former spouse or ordered by a court, such term means any amount of monthly retired pay, which is not less than $300, payable to such former spouse as a result of a court treating disposable retired pay of a member as the property of the member and his spouse under the authority of section 1408(c).'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by this section shall apply with respect to divorces, dissolutions, annulments, and legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 626. REVOCATION OF TEN-YEAR RULE FOR DIRECT PAYMENT OF RETIRED PAY.
(a) Revocation of Ten-Year Rule-
(1) by striking paragraph (2); andCommentsClose CommentsPermalink
(2) by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by this section shall take effect on the first day of the first month which begins more than 120 days after the date of enactment of this Act and shall apply only to payments of retired pay for periods beginning on or after the effective date of this section in the case of any former spouse of a member or former member of the uniformed services.CommentsClose CommentsPermalink
SEC. 627. ALLOWING MEMBER TO SUBMIT APPLICATION FOR DIRECT PAYMENT.
(a) Permit Application for Direct Payment by Member-
(b) Conditions for Direct Payment- Section 1408(d) of such title is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(8) A former spouse who accepts payment shall be deemed--CommentsClose CommentsPermalink
`(A) to have consented and agreed to the recovery of any future overpayments, including recovery by involuntary collection from the former spouse or his or her estate; andCommentsClose CommentsPermalink
`(B) to have agreed to give prompt notice in writing to the Secretary if--CommentsClose CommentsPermalink
`(i) the operative court order upon which payment is based is vacated, modified, or set aside;CommentsClose CommentsPermalink
`(ii) the former spouse remarries, if all or a part of the payment is for alimony; orCommentsClose CommentsPermalink
`(iii) the former spouse is ineligible for child support payments due to the death, emancipation, adoption, or attainment of majority of a child whose support is provided through direct payment to a former spouse from retired pay.'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall apply to applications for direct payment of retired pay submitted to the Secretary concerned after the end of the 90-day period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 628. DISREGARD PERIODS OF CONFINEMENT FOR DEPENDENT VICTIMS OF ABUSE.
(a) Disregard Periods of Confinement for Dependent Victims of Abuse- Paragraph (2)(A) of
(b) Effective Date- The amendment made by subsection (a) shall be effective as of October 23, 1992, as if included in
SEC. 629. CLARIFYING AMENDMENT REGARDING JURISDICTION FOR PURPOSES OF ALLOCATION OF RETIRED PAY UNDER THE UNIFORMED SERVICES FORMER SPOUSE PROTECTION ACT.
SEC. 630. DIVISION OF RETIRED PAY TO BE BASED ON MEMBER'S LENGTH OF SERVICE AND PAY GRADE AT TIME OF DIVORCE.
(a) In General-
`(5) In the case of a member as to whom a decree of divorce, dissolution, annulment, or legal separation becomes final before the date on which the member begins to receive retired pay, the total monthly retired pay to which a member is entitled, for purposes of determining `disposable retired pay', as defined in paragraph (4) of subsection (a), that a court may treat in the manner described in paragraph (1), shall be limited to retired pay computed based on the pay grade, and the length of service of the member while married, that are creditable toward entitlement to basic pay and to retired pay as of the date a marital property interest in retired pay terminates. Amounts so calculated shall be increased by the cumulative percentage of increases in basic pay and retired pay between the date a marital property interest in retired pay terminates and the effective date of the member's retirement. Upon request and pursuant to regulations, the Secretary concerned shall calculate disposable retired pay described in this paragraph.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall apply with respect to divorces, dissolutions, annulments, and legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 631. INCREASES FOR DIVISIONS OF RETIRED PAY EXPRESSED AS A DOLLAR AMOUNT.
(a) Monetary Amount Adjustment-
(b) Effective Date- The amendment made by subsection (a) shall apply with respect to court orders that become effective after the end of the 90-day period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 632. PROHIBIT COURT-ORDERED PAYMENTS BEFORE RETIREMENT BASED ON IMPUTATION OF RETIRED PAY.
(a) Authority-
(1) by inserting `(A)' after `(3)'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(B) A court may not order a member to make payments based upon an imputation of a property interest in future retired pay of any kind to a spouse or former spouse before the date of the member's actual retirement.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by subsection (a) shall apply to final court orders or court orders seeking enforcement of prior final decrees issued on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 633. ALLOW MEMBER TO WAIVE NOTICE AND PROVIDE COURT ORDER UPON REQUEST.
(a) Allow Member To Waive Notice and Provide Court Order Upon Request-
(1) by striking `A person' and inserting `Unless notice is waived by the member, a person'; andCommentsClose CommentsPermalink
(2) by striking `(together with a copy of such order)' and inserting `and, upon request, a copy of such order'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by this section shall apply to court orders received by the Secretary concerned after the end of the 90-day period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 634. LUMP SUM PAYMENTS TO FORMER SPOUSES OF MEMBERS OF THE UNIFORMED SERVICES.
(a) Authority for Lump Sum Payment in General- (1) In General- Chapter 74 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 1468. Lump sum payments for certain amounts payable to former spouse
`(a) If the present value of a periodic amount described in subsection (b) payable to a former spouse does not exceed $5,000, the Secretary concerned shall pay, in a lump sum, an amount equal to such present value to the former spouse eligible for such benefit.CommentsClose CommentsPermalink
`(b) A periodic amount described in this subsection means:CommentsClose CommentsPermalink
`(1) An annuity under the Survivor Benefit Plan (subchapter II of chapter 73 of this title).CommentsClose CommentsPermalink
`(2) Payment of retired pay pursuant to a court order resulting from the treatment by the court under section 1408(c) of this title of disposable retired pay of a member of the uniformed services as the property of the member and his spouse.CommentsClose CommentsPermalink
`(c) With the consent of the former spouse, the Secretary concerned may pay, in a lump sum, an amount equal to the present value of a periodic amount described in subsection (b) in excess of $5,000.CommentsClose CommentsPermalink
`(d) Payment of a lump sum under subsection (a) or (c) of this section shall constitute full payment of the amounts described in subsection (b) to the former spouse.CommentsClose CommentsPermalink
`(e) For purposes of this section, the term `present value' means the present value calculated by using the mortality table, interest rate, and actuarial assumptions pursuant to regulations prescribed by the Secretary of Defense.CommentsClose CommentsPermalink
`(f) If a former spouse eligible for a payment under subsection (b) or (c) of this section elects to have all or a portion of such payment paid directly to an eligible retirement plan, and specifies the eligible retirement plan to which such payment is to be paid (in such form and at such time as the Secretary concerned may prescribe), such payment shall be made in the form of a transfer by the Secretary concerned to the trustee of the eligible retirement plan so specified. For purposes of the preceding sentence, the term `eligible retirement plan' has the same meaning as `eligible retirement plan' for purposes of section 414(v)(2)(B) of the Internal Revenue Code of 1986 (
26 U.S.C. 414(v)(2)(B) ).'.CommentsClose CommentsPermalink(2) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`1468. Lump sum payments for certain amounts payable to former spouse.'.CommentsClose CommentsPermalink
(b) Rollover Treatment for Lump Sum Payments Paid to Former Spouses of Members of the Uniformed Services- Section 414 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(y) Lump Sum Payments to Former Spouses of Members of the Uniformed Services- (1) Eligible for Rollover Treatment- For purposes of this part including section 408, relating to individual retirement accounts, any amount of a lump sum payment paid to an individual under the authority of
section 1468 of title 10, United States Code , shall be considered an amount paid out of an individual retirement account to the individual for whose benefit the account is maintained and eligible for rollover treatment under section 402(c)(6).CommentsClose CommentsPermalink`(2) Transfer by Secretary Concerned to Trustee- Any amount of lump sum payment transferred by the Secretary concerned to a trustee of an eligible retirement plan in accordance with
section 1468 of title 10, United States Code , shall be treated as an amount transferred in a direct trustee-to-trustee transfer in accordance with section 401(a)(31) and, as a result, shall not be includible in gross income for the taxable year of such transfer. For purposes of this paragraph, the term `eligible retirement plan' has the meaning given such term by section 401(a)(31)(D).'.CommentsClose CommentsPermalink
Subtitle D--Other Matters
SEC. 641. PERMANENT RETENTION OF ELIGIBILITY FOR THE EARNED INCOME TAX CREDIT BY SERVICEMEMBERS DEPLOYED TO A COMBAT ZONE.
Section 32(c)(2)(B)(vi) of the Internal Revenue Code of 1986 (relating to the definition of earned income) is amended to read as follows:CommentsClose CommentsPermalink
`(vi) the earned income of a member of the Armed Forces of the United States shall include wages that are excluded from taxation by application of section 112.'.CommentsClose CommentsPermalink
SEC. 642. EXCLUSION FROM GROSS INCOMES OF ADJUSTMENTS TO THE FAMILY SEPARATION ALLOWANCE.
Section 134(b)(3) of the Internal Revenue Code of 1986 (relating to the exclusion of qualified military benefits from gross income) is amended--CommentsClose CommentsPermalink
(1) in subparagraph (A), by striking `subparagraphs (B) and (C)' and inserting `subparagraphs (B), (C), and (D)'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(D) EXCEPTION FOR FAMILY SEPARATION ALLOWANCE ADJUSTMENTS MADE BY LAW- Subparagraph (A) shall not apply to any adjustment to the amount of Family Separation Allowance payable under
section 427 of title 37, United States Code , which is made pursuant to a provision of law enacted after September 9, 1986.'.CommentsClose CommentsPermalink
SEC. 643. FAMILY PET SHIPMENT DURING EVACUATION OF NON-ESSENTIAL PERSONNEL.
`(H) Except as provided in paragraph (2), in connection with an evacuation from a permanent station located in a foreign area, a member is entitled to transportation of no more than two family household pets (to include shipment and the payment of quarantine costs, if any). Alternatively, the member may be paid reimbursement or a monetary allowance under subparagraph (F) if other commercial transportation means have been used. Exotic pets, endangered species, horses or livestock, or large pets weighing in excess of 150 pounds are not authorized.'.CommentsClose CommentsPermalink
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
SEC. 701. REVISING TRICARE PROGRAM COST SHARING AMOUNTS.
(a) Authority-
`(5) Notwithstanding paragraphs (1) through (4), the Secretary of Defense shall promulgate regulations to revise the requirements for payments by beneficiaries under this subsection in order to reflect increases in health care costs. Such requirements, which may include a revised deductible amount, an enrollment fee, and future indexing, need not be uniform for all such beneficiaries. Any such enrollment fee may be a condition of eligibility for health care benefits under chapter 55 of this title.'.CommentsClose CommentsPermalink
(b) Implementation- The Secretary of Defense shall promulgate the regulations required by
SEC. 702. CHANGES IN PAYMENT OPTIONS FOR TRICARE PRIME.
(a) Monthly Deductions-
`(c) Enrollment Fee Payments- The Secretary of Defense shall establish procedures for the collection of enrollment fees charged for an enrollment in TRICARE Prime to a member or former member of the uniformed services eligible for medical care under section 1074(b) of this title from the member's retired pay, retainer pay, or equivalent pay, as the case may be. To the maximum extent practicable, the enrollment fee payable by a member entitled to such pay shall be deducted and withheld from the retired pay of the member (if pay is available to the member).'.CommentsClose CommentsPermalink
(b) Charges for Health Care- Section 1097(e) of such title is amended by striking `shall permit such covered beneficiaries to pay, on a quarterly basis,' and inserting `may permit such covered beneficiaries whose retired pay, retainer pay, or equivalent pay, as the case may be, is insufficient for them to pay enrollment fees by deduction from such pay as specified in section 1097a of this title to pay, in full at the beginning of the enrollment period or on a quarterly basis, by check, money order, credit card, or electronic funds transfer'.CommentsClose CommentsPermalink
SEC. 703. OBSTETRICAL TRAVEL FOR COMMAND-SPONSORED DEPENDENTS OF UNIFORMED MEMBERS ASSIGNED TO VERY REMOTE AREAS OUTSIDE THE CONTINENTAL UNITED STATES.
(1) in subsection (a), by inserting `, and subject to subsection (e)' after `subsection (b)'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(e) With respect to the provision of obstetrical care, appropriate medical attention includes the availability or provision of obstetrical anesthesia equal to the services available in a Military Treatment Facility located in the United States. If these services are not available in remote areas outside the continental United States and air transportation would be needed to travel to the nearest appropriate medical facility in which adequate medical care is available, then the Secretary may authorize the beneficiary to choose to receive transportation to the continental United States and be treated at a Military Treatment Facility, that can provide appropriate obstetrical services, nearest to the closest port of entry into the continental United States. All other benefits of subsection (a) shall apply, provided that the United States shall incur no greater cost than would be incurred in connection with transportation (including per diem) to the nearest appropriate medical facility in which adequate medical care is available outside the continental United States.'.CommentsClose CommentsPermalink
Subtitle B--Other Matters
SEC. 711. MENTAL HEALTH EVALUATIONS OF MEMBERS OF THE ARMED FORCES BY MASTERS-LEVEL CLINICAL SOCIAL WORKERS WITH AN INDEPENDENT LICENSE.
Section 546(g)(3) of the National Defense Authorization Act for Fiscal Year 1993 (
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. REVISION TO THE REQUIREMENT FOR 15-DAY WAITING PERIOD TO ISSUE SOLICITATIONS AFTER PUBLICATION OF SYNOPSIS.
(a) Amendment of Small Business Act 15-Day Solicitation Issuance Delay- Section 8(e)(3)(A) of the Small Business Act (
(b) Amendment of the Office of Federal Procurement Policy Act 15-Day Solicitation Issuance Delay- Section 18(a)(3)(A) of the Office of Federal Procurement Policy Act (
SEC. 802. REPEAL OF SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM.
Sections 701 through 722 of the Business Opportunity Development Reform Act of 1988 (
Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations
SEC. 811. UNMANNED SYSTEMS.
Section 941 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(1) by amending subsection (a) to read as follows:CommentsClose CommentsPermalink
`(a) The Department of Defense shall develop a policy, to be applicable throughout the Department of Defense on research, development, test and evaluation, and procurement, of unmanned systems in a manner that is fiscally responsible and enhances war fighter capability.';CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink
`(1) An identification of Joint Capability Areas in which unmanned systems can potentially provide the means to address potential capability gaps.';CommentsClose CommentsPermalink
(B) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink
`(2) Deliberate consideration of unmanned systems as potential candidates for acquisition when a materiel solution has been deemed appropriate for satisfying a capability requirement.'; andCommentsClose CommentsPermalink
(C) in paragraph (5), by striking `, including' and all that follows through `systems'; andCommentsClose CommentsPermalink
(3) by amending subsection (d) to read as follows:CommentsClose CommentsPermalink
`(d) Roadmap- The Department of Defense shall develop and implement a roadmap that includes--CommentsClose CommentsPermalink
`(1) goals for the development of unmanned system technologies to address capabilities identified pursuant to subsection (b)(1); andCommentsClose CommentsPermalink
`(2) the establishment of programs to address technical, operational, and production challenges, and gaps in capabilities, with respect to unmanned systems.'.CommentsClose CommentsPermalink
SEC. 812. ENHANCED TRANSFER OF TECHNOLOGY DEVELOPED AT DOD LABORATORIES.
(a) Definitions- As used in this section--CommentsClose CommentsPermalink
(1) The terms `department' and `military department' have the meaning specified at
(2) The term `DoD laboratory' or `laboratory' means any facility or group of facilities that is owned, leased, operated, or otherwise used by the Department of Defense and that meets the definition of `laboratory' at section 3710a(d)(2), of title 15, United States Code.CommentsClose CommentsPermalink
(b) Authority- The Secretary of Defense and the Secretaries of the military departments each--CommentsClose CommentsPermalink
(1) may authorize the heads of DoD laboratories to grant nonexclusive, exclusive, or partially exclusive licenses, royalty free or for royalties or for rights to other intellectual property, for computer software and its related documentation developed at a DoD laboratory, provided that--CommentsClose CommentsPermalink
(A) the computer software and related documentation would be a trade secret under the meaning of
(B) the public is notified of the availability of the software and related documentation for licensing and interested parties have a fair opportunity to submit applications for licensing;CommentsClose CommentsPermalink
(C) such licensing activities and licenses shall comply with the requirements under
(D) the software originally was developed to meet the military needs of the Department of Defense; andCommentsClose CommentsPermalink
(2) shall provide appropriate precautions against the unauthorized disclosure of any computer software or documentation covered by paragraph (1)(A), including exemption from
(c) Royalties- (1) Except as provided in paragraph (2), any royalties or other payments received by the department from licensing computer software or documentation under subsection (b)(1) shall be retained by the department and shall be disposed of as follows:CommentsClose CommentsPermalink
(A)(i) The department shall pay each year the first $2,000, and thereafter at least 15 percent, of the royalties or other payments to be divided among the employees who developed the computer software.CommentsClose CommentsPermalink
(ii) The department may provide appropriate lesser incentives, from royalties or other payments, to laboratory employees who are not developers of such computer software, but who substantially increased the technical value of the software.CommentsClose CommentsPermalink
(iii) The department shall retain the royalties and other payments received until it makes payments to employees of a DoD laboratory under clause (i) or (ii).CommentsClose CommentsPermalink
(iv) The department may retain an amount reasonably necessary to pay expenses incidental to the administration and distribution of royalties or other payments under this section by an organizational unit of the department other than its laboratories.CommentsClose CommentsPermalink
(B) The balance of the royalties or other payments shall be transferred by the department to its laboratories, with the majority share of the royalties or other payments going to the laboratory where the development occurred. The royalties or other payments so transferred to any DoD laboratory may be used or obligated by that laboratory during the fiscal year in which they are received or during the 2 succeeding fiscal years--CommentsClose CommentsPermalink
(i) to reward scientific, engineering, and technical employees of the DoD laboratory, including developers of sensitive or classified technology, regardless of whether the technology has commercial applications;CommentsClose CommentsPermalink
(ii) to further scientific exchange among the laboratories of the agency;CommentsClose CommentsPermalink
(iii) for education and training of employees consistent with the research and development missions and objectives of the department or DoD laboratory, and for other activities that increase the potential for transfer of the technology of the laboratories;CommentsClose CommentsPermalink
(iv) for payment of expenses incidental to the administration and licensing of computer software or other intellectual property made at that DoD laboratory, including the fees or other costs for the services of other agencies, persons, or organizations for intellectual property management and licensing services; orCommentsClose CommentsPermalink
(v) for scientific research and development consistent with the research and development missions and objectives of the DoD laboratory.CommentsClose CommentsPermalink
(C) All royalties or other payments retained by the department or DoD laboratory after payments have been made pursuant to subparagraphs (A) and (B) that are unobligated and unexpended at the end of the second fiscal year succeeding the fiscal year in which the royalties and other payments were received shall be paid into the Treasury.CommentsClose CommentsPermalink
(2) If, after payments under paragraph (1)(A), the balance of the royalties or other payments received by the department in any fiscal year exceed 5 percent of the funds received for use by the DoD laboratory for research, development, engineering, testing and evaluation or other related administrative, processing or value-added activities for that year, 75 percent of such excess shall be paid to the Treasury of the United States and the remaining 25 percent may be used or obligated under paragraph (1)(B). Any funds not so used or obligated shall be paid into the Treasury of the United States.CommentsClose CommentsPermalink
(3) Any payment made to an employee under this section shall be in addition to the regular pay of the employee and to any other awards made to the employee, and shall not affect the entitlement of the employee to any regular pay, annuity, or award to which he is otherwise entitled or for which he is otherwise eligible or limit the amount thereof except that the monetary value of an award for the same project or effort shall be deducted from the amount otherwise available under this paragraph. Payments, determined under the terms of this paragraph and made to an employee developer as such, may continue after the developer leaves the DoD laboratory or department. Payments made under this section shall not exceed $75,000 per year to any one person unless the President approves a larger award (with the excess over $75,000 being treated as a Presidential award under
(d) Information in Report- The report required by
(e) Effective Date and Expiration- The authority provided for in this section is for a pilot program to test the effectiveness of this authority and shall expire on December 31, 2013.CommentsClose CommentsPermalink
Subtitle C--Other Matters
SEC. 821. EXTENSION OF LENGTH OF CONTRACTS FOR RENEWABLE ENERGY SOURCES AND ASSOCIATED SERVICES.
`(B) PUBLIC UTILITY CONTRACTS-CommentsClose CommentsPermalink
`(i) IN GENERAL- A contract for public utility services may be made for a period of not more than 10 years.CommentsClose CommentsPermalink
`(ii) RENEWABLE ENERGY CONTRACTS- A contract for renewable energy may be made for a period of not more than 20 years. All such contracts are to be subject to availability of annual appropriations.CommentsClose CommentsPermalink
`(iii) DEFINITIONS- In this paragraph:CommentsClose CommentsPermalink
`(I) PUBLIC UTILITY SERVICES- The term `public utility services' means generation, transmission, distribution, or other services directly used in providing public utility services.CommentsClose CommentsPermalink
`(II) RENEWABLE ENERGY- The term `renewable energy' means electric energy generated from solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency, or additional new capacity at an existing hydroelectric project, and the transmission, distribution, or other services directly used in providing electricity from renewable energy sources.'.CommentsClose CommentsPermalink
SEC. 822. MODIFICATION OF AUTHORITY TO ACCEPT FINANCIAL AND OTHER INCENTIVES RELATED TO ENERGY SAVINGS AND SIMILAR NEW AUTHORITY RELATED TO ENERGY SYSTEMS.
(a) Energy Savings-
(b) Energy Systems- Section 2915 of such title is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(f) Acceptance of Financial Incentive, Financial Assistance, or Services- The Secretary of Defense may authorize any military installation to accept any financial incentive, financial assistance, or services generally available from a State or local government, gas or electric utility, 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.'.CommentsClose CommentsPermalink
SEC. 823. TIMELINESS REQUIREMENTS ON POST-AWARD BID PROTEST JURISDICTION OF THE COURT OF FEDERAL CLAIMS.
Subtitle D--Other Matters
SEC. 831. APPLICABILITY OF THE RESTRICTION ON SPECIALTY METALS.
(a) In General-
`(k) National Security Exception- Subsection (a) does not apply to procurements for which the Secretary of Defense or the Secretary of the military department concerned determines in writing that an exception is in the national security interest of the United States.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Subsection (a) of such section is amended by striking `(j)' and inserting `(k)'.CommentsClose CommentsPermalink
SEC. 832. CLARIFICATION OF JURISDICTION OF THE UNITED STATES DISTRICT COURTS TO HEAR BID PROTEST DISPUTES INVOLVING MARITIME CONTRACTS.
`(d) Jurisdiction over any actions described under subsection (b)(1) of this section arising out of a maritime contract or a proposed maritime contract shall be governed by this section, and shall not be subject to the jurisdiction of the District Courts of the United States under the Act of March 9, 1920, commonly known as the `Suits in Admiralty Act' (41 Stat. 525; 46 U.S.C. App. 741 et seq.), or the Act of March 3, 1925, commonly known as the `Public Vessels Act' (43 Stat. 1112; 46 U.S.C. App. 781 et seq.).'.CommentsClose CommentsPermalink
SEC. 833. STREAMLINE JURISDICTION OVER GOVERNMENT CONTRACT CLAIMS, DISPUTES AND APPEALS ARISING OUT OF MARITIME CONTRACTS.
Section 4 of the Contract Disputes Act of 1978 (
`Sec. 4. Appeals under subsection (g) of section 8 and suits under section 10 arising out of maritime contracts shall be governed exclusively by this Act.'.CommentsClose CommentsPermalink
SEC. 834. REPEAL OF THE MILITARY SYSTEM BREAKOUT LIST.
Section 813 of the National Defense Authorization Act for Fiscal Year 2004 (
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
SEC. 901. PERMANENT AUTHORITY TO ACCEPT GIFTS TO BENEFIT MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE EMPLOYEES INJURED OR KILLED IN LINE OF DUTY AND THEIR DEPENDENTS.
SEC. 902. MODIFICATION OF PROCEDURES TO PRESERVE THE SEARCH AND RESCUE CAPABILITIES OF THE FEDERAL GOVERNMENT CONSISTENT WITH MILITARY REQUIREMENTS.
Section 1085 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
(1) in the matter before paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `capabilities at any military installation' and inserting `units at any military installation';CommentsClose CommentsPermalink
(B) by striking `equivalent' and inserting `adequate'; andCommentsClose CommentsPermalink
(C) by striking `by--' and inserting `by one or a combination of--';CommentsClose CommentsPermalink
(2) by striking `or' at the end of paragraph (1);CommentsClose CommentsPermalink
(3) in paragraph (2)--CommentsClose CommentsPermalink
(A) by inserting `, through active-duty, Reserve component, or National Guard assets,' after `directly'; andCommentsClose CommentsPermalink
(B) by striking the period at the end and inserting `; or'; andCommentsClose CommentsPermalink
(4) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(3) State and local government agencies in the relevant area.'.CommentsClose CommentsPermalink
Subtitle B--Chemical Demilitarization Program
SEC. 911. CHEMICAL DEMILITARIZATION CITIZENS' ADVISORY COMMISSION IN COLORADO AND KENTUCKY.
Section 172 of the National Defense Authorization Act for Fiscal Year 1993 (
`(i) Colorado and Kentucky Chemical Demilitarization Citizens Advisory Commissions- Notwithstanding subsections (b), (f), and (g), and consistent with the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (
Public Law 105-261 ; 112 Stat. 1920) and the Department of Defense Appropriations Act, 2003 (Public Law 107-248 ; 116 Stat. 1519), responsibilities for the Chemical Demilitarization Citizens Advisory Commissions in Colorado and Kentucky will be transferred from the Secretary of the Army to the Program Manager for Assembled Chemical Weapons Alternatives. The Program Manager for Assembled Chemical Weapons Alternatives will ensure the ability to receive citizen and State concerns regarding the ongoing chemical destruction program in these States. A representative from the Office of the Assistant to the Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs will meet with these commissions not less often than twice a year. Funds appropriated for the Assembled Chemical Weapons Alternatives Program will be used for travel and associated travel cost for these Citizens' Advisory Commissioners, when such travel is conducted at the invitation of the Department of Defense Special Assistant for Chemical and Biological Defense and Chemical Demilitarization Programs.'.CommentsClose CommentsPermalink
SEC. 912. MODIFY THE TERMINATION REQUIREMENTS FOR ASSISTANCE TO STATE AND LOCAL GOVERNMENTS UNDER THE CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS PROGRAM.
Subparagraph (B) of section 1412(c)(5) of the Department of Defense Authorization Act, 1986 (
`(B) Assistance may be provided under this paragraph until all activities associated with the close-out of grants and cooperative agreements provided pursuant to subparagraph (A) between the Federal Emergency Management Agency and State and local governments are complete, but such assistance may not be provided after 6 months from the date agent destruction operations have been completed in such jurisdiction.'.CommentsClose CommentsPermalink
Subtitle C--Intelligence-Related Matters
SEC. 921. OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE AGENCY.
Section 705 of the National Security Act of 1947 (
SEC. 922. PROHIBITION ON DISCLOSURE OF CERTAIN GEODETIC PRODUCTS.
`(d) Prohibition on Disclosure of Geodetic Products- Any person, including any current and former government and contractor personnel, who, without authorization, knowingly distributes, transfers, or engages in the sale of any product that the Secretary of Defense has withheld from the public in accordance with subsection (b) shall be subject to the penalties and administrative actions set forth in subsection (e).CommentsClose CommentsPermalink
`(e) Penalties and Administrative Sanctions- (1) Criminal Penalties- Whoever engages in conduct constituting a violation of subsection (b) or (d) shall be imprisoned for not more than 5 years or fined as provided under title 18, or both.CommentsClose CommentsPermalink
`(2) Civil Penalties- The Attorney General may bring a civil action in an appropriate United States district court against any person who engages in conduct constituting a violation of subsection (b) or (d). Upon proof of such conduct by a preponderance of the evidence, the person is subject to a civil penalty. An individual who engages in such conduct is subject to a civil penalty of not more than $50,000 for each violation plus twice the amount of compensation that the individual received or offered for the prohibited conduct. An organization that engages in such conduct is subject to a civil penalty of not more than $500,000 for each violation plus twice the amount of compensation that the organization received or offered for the prohibited conduct.'.CommentsClose CommentsPermalink
SEC. 923. TECHNICAL CHANGES FOLLOWING THE REDESIGNATION OF NATIONAL IMAGERY AND MAPPING AGENCY AS NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Technical Changes to United States Code- Titles 5 and 44, United States Code, are amended by striking `National Imagery and Mapping Agency' each place it appears and inserting `National Geospatial-Intelligence Agency'.CommentsClose CommentsPermalink
(b) Technical Changes to Other Acts- (1) Section 105(a) of the Ethics in Government Act of 1978 (
(2) Section 8(h) of the Inspector General Act of 1978 (
(3) Section 7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988 (
(4) Section 207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993 (
(5) Section 201 of the Homeland Security Act of 2002 (
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. INCREASE LIMITATION ON ADVANCE BILLING OF WORKING CAPITAL FUND CUSTOMERS.
SEC. 1002. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE TO DOD WORKING CAPITAL FUND ACCOUNT PROPERTY.
SEC. 1003. LICENSING OF INTELLECTUAL PROPERTY; DEFINITIONS.
(1) in subsection (a), by inserting `or the Secretary of Homeland Security' after `Secretary of Defense;' andCommentsClose CommentsPermalink
(2) by amending subsection (e) to read as follows:CommentsClose CommentsPermalink
`(e) Definitions- In this section:CommentsClose CommentsPermalink
`(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 ).CommentsClose CommentsPermalink`(2) The term `Secretary concerned' means the Secretary of a military department, the Secretary of Defense, with respect to matters concerning the Defense Agencies and Defense Field Activities, and the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.'.CommentsClose CommentsPermalink
Subtitle B--Policy Relating to Vessels and Shipyards
SEC. 1011. TEMPORARY WAIVER OF THE MINIMUM AIRCRAFT CARRIER REQUIREMENT.
SEC. 1012. CLARIFICATION OF STATUS OF GOVERNMENT RIGHTS IN THE DESIGNS OF DEPARTMENT OF DEFENSE VESSELS, BOATS, CRAFT, AND COMPONENTS THEREOF.
(a) In General- Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 7317. Status of Government rights in the designs of vessels, boats, craft, and components thereof
`Notwithstanding any other provision of law, 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, shall be determined solely by operation of section 2320 of this title or by the instrument under which the design was developed for the Government.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`7317. Status of Government rights in the designs of vessels, boats, craft, and components thereof.'.CommentsClose CommentsPermalink
Subtitle C--Counter-Drug Activities
SEC. 1021. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.
(a) Extension of Authority- Paragraph (2) of subsection (a) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (
(b) Additional Governments Eligible To Receive Support- Subsection (b) of such section is amended by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
`(19) The Government of Niger.CommentsClose CommentsPermalink
`(20) The Government of Mauritania.CommentsClose CommentsPermalink
`(21) The Government of Mali.CommentsClose CommentsPermalink
`(22) The Government of Chad.CommentsClose CommentsPermalink
`(23) The Government of Indonesia.CommentsClose CommentsPermalink
`(24) The Government of Philippines.CommentsClose CommentsPermalink
`(25) The Government of Honduras.CommentsClose CommentsPermalink
`(26) The Government of Nicaragua.CommentsClose CommentsPermalink
`(27) The Government of El Salvador.'.CommentsClose CommentsPermalink
(c) Types of Support- Subsection (c)(2) of such section is amended by striking `, subject to section 484(a) of the Foreign Assistance Act of 1961 (
(d) Maximum Annual Amount of Support- Subsection (e)(2) of such section is amendedCommentsClose CommentsPermalink
(1) by striking `$60,000,000' and inserting `$80,000,000'; andCommentsClose CommentsPermalink
(2) by striking `or $60,000,000 during either of the fiscal years 2007 and 2008' and inserting `$80,000,000 during years 2008 through 2011'.CommentsClose CommentsPermalink
Subtitle D--Matters Related to Homeland Security
SEC. 1031. RESERVE SUPPORT FOR RESPONSES TO CERTAIN EMERGENCIES.
(1) by striking `or' at the end of paragraph (1);CommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (2) and inserting `; or'; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(3) in the case of the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, and the Coast Guard Reserve, a major disaster or emergency as those terms are defined in section 5122 of title 42.'.CommentsClose CommentsPermalink
SEC. 1032. RESERVE SUPPORT TO MAJOR PUBLIC EMERGENCIES.
SEC. 1033. RESERVE SUPPORT TO ENFORCEMENT OF FEDERAL AUTHORITY.
SEC. 1034. RESERVE SUPPORT TO FEDERAL AID FOR STATE GOVERNMENTS.
SEC. 1035. PROCUREMENT OF EQUIPMENT BY STATE AND LOCAL GOVERNMENTS.
(a) In General-
(1) in subsection (a)(1)--CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink
(i) by striking `law enforcement'; andCommentsClose CommentsPermalink
(ii) by inserting `, homeland security, counter-terrorism, and emergency response' after `counter-drug';CommentsClose CommentsPermalink
(B) in subparagraph (A)--CommentsClose CommentsPermalink
(i) in the matter preceding clause (i), by inserting `, homeland security, counter-terrorism, and emergency response' after `counter-drug'; andCommentsClose CommentsPermalink
(ii) in clause (i), by striking `law enforcement';CommentsClose CommentsPermalink
(C) in subparagraph (C), by striking `law enforcement' each place it appears; andCommentsClose CommentsPermalink
(D) in subparagraph (D), by striking `law enforcement';CommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) by striking `law enforcement'; andCommentsClose CommentsPermalink
(B) by inserting `, homeland security, counter-terrorism, and emergency response' after `counter-drug'; andCommentsClose CommentsPermalink
(3) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (2), by inserting `or emergency response' after `law enforcement' both places it appears; andCommentsClose CommentsPermalink
(B) in paragraph (3)--CommentsClose CommentsPermalink
(i) by striking `law enforcement';CommentsClose CommentsPermalink
(ii) by inserting `, homeland security, counter-terrorism, and emergency response' after `counter-drug'; andCommentsClose CommentsPermalink
(iii) by inserting `and, in the case of homeland security, may not include any equipment that is not found on the Authorized Equipment List as published by the Department of Homeland Security' after `purposes'.CommentsClose CommentsPermalink
(b) Clerical Amendments- (1) The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
`Sec. 381. Procurement by State and local governments of equipment suitable for counter-drug, homeland security, counter-terrorism, and emergency response activities through the Department of Defense'.
(2) 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:CommentsClose CommentsPermalink
`381. Procurement by State and local governments of equipment suitable for counter-drug, homeland security, counter-terrorism, and emergency response activities through the Department of Defense.'.CommentsClose CommentsPermalink
SEC. 1036. CONFIDENTIAL BUSINESS AND HOMELAND SECURITY INFORMATION SHARING.
(a) In General-
`Sec. 130d. Treatment under the Freedom of Information Act of confidential business information and homeland security information shared with State and local personnel
`The sharing of confidential business information or homeland security information, pursuant to section 892 of the Homeland Security Act of 2002 (
6 U.S.C. 482 ), by any Federal agency, with State and local personnel (as defined in such section) shall not be considered release of such information to the public, and shall not constitute a waiver of any applicable exemption to the release of such information under section 552 of title 5.'.CommentsClose CommentsPermalink(b) Clerical Amendment- The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 130d and inserting the following new item:CommentsClose CommentsPermalink
`130d. Treatment under the Freedom of Information Act of confidential business information and homeland security information shared with State and local personnel.'.CommentsClose CommentsPermalink
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. MINIMUM ANNUAL PURCHASE AMOUNTS FOR AIRLIFT 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:CommentsClose CommentsPermalink
`Sec. 9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet
`(a) In General- The Secretary of Defense may award to air carriers or air carrier contractor team arrangements (carriers) participating in the Civil Reserve Air Fleet on a fiscal year basis a one-year contract for airlift services with a minimum purchase amount determined in accordance with this section.CommentsClose CommentsPermalink
`(b) 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 annual average expenditure of the Department of Defense for commercial airlift during the five-fiscal year period ending in the fiscal year before the fiscal year for which such contracts are awarded.CommentsClose CommentsPermalink
`(2) In calculating the annual average expenditure of the Department of Defense for airlift for purposes of paragraph (1), the Secretary of Defense shall omit from the calculation any fiscal year exhibiting unusually high demand for commercial airlift 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 for purposes of that paragraph.CommentsClose CommentsPermalink
`(3) The aggregate amount of the minimum purchase amount for all contracts awarded under subsection (a) for a fiscal year, as determined under paragraph (1), shall be allocated among all carriers awarded contracts under that subsection for such fiscal year in proportion to the commitments of such carriers to the Civil Reserve Air Fleet for such fiscal year.CommentsClose CommentsPermalink
`(c) Adjustment to Minimum Purchase Amount for Periods of Unavailability of Airlift- In determining the minimum purchase amount payable under a contract under subsection (a) for airlift provided by a carrier during the fiscal year covered by such contract, the Secretary of Defense may adjust the amount allocated to the carrier under subsection (b)(3) to take into account periods during such fiscal year when services of the carrier are unavailable for usage by the Department of Defense, including during periods of refused business or suspended operations or when the carrier is placed in nonuse status pursuant to section 2640 of this title for safety issues.CommentsClose CommentsPermalink
`(d) Distribution of Amounts- If any amount available under this section for the minimum purchase of airlift from a carrier for a fiscal year under a contract under subsection (a) is not utilized to purchase airlift from the carrier in such fiscal year, such amount shall be provided to the carrier before the first day of the following fiscal year.CommentsClose CommentsPermalink
`(e) Commitment of Funds- 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 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 by such military department during such fiscal year from all carriers under contracts awarded under subsection (a) for such fiscal year. All such amounts will be transferred by the last day of the fiscal year to meet the requirements of (d) above unless minimum purchase amounts have already been met by the Department.CommentsClose CommentsPermalink
`(f) Availability of Airlift- (1) From the total amount of airlift 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 equivalent to the percentage of the contribution of the military department to the transportation working capital fund for such fiscal year under subsection (e).CommentsClose CommentsPermalink
`(2) A military department may transfer any entitlement to airlift under paragraph (1) to any other military department or to any other agency, element, or component of the Department of Defense.CommentsClose CommentsPermalink
`(g) Eligibility- In order to be eligible for the higher minimal business guarantees authorized by this section, carriers must--CommentsClose CommentsPermalink
`(1) have an average on-time pickup rate, based on factors within the air carrier's control, of at least 90 percent if under contract with the Department in the prior year;CommentsClose CommentsPermalink
`(2) offer some amount of commitment to the Civil Reserve Air Fleet in excess of the minimum required for participation; andCommentsClose CommentsPermalink
`(3) not have refused a DOD request to act as a host for other CRAF carriers at intermediate staging bases during the prior year.CommentsClose CommentsPermalink
`(h) Sunset- The authorities in this section shall expire on December 31, 2015.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet.'.CommentsClose CommentsPermalink
Subtitle F--Other Matters
SEC. 1051. PRESENTATION OF BURIAL FLAG TO SPOUSES.
`(12) Presentation of a flag of equal size to the flag presented under paragraph (10) to the surviving spouse (including a remarried surviving spouse) of the deceased member if the person to be presented a flag under paragraph (10) is other than the spouse.'.CommentsClose CommentsPermalink
SEC. 1052. DEFENSE PRODUCTION ACT AMENDMENTS OF 2008.
(a) Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking `September 30, 2008' and inserting `September 30, 2013'.CommentsClose CommentsPermalink
(b) Section 711(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended by striking `2003 through 2008' and inserting `2009 through 2013'.CommentsClose CommentsPermalink
(c) Section 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2093) is amended--CommentsClose CommentsPermalink
(1) in subsection (a)(6)--CommentsClose CommentsPermalink
(A) by amending subparagraph (A) to read as follows:CommentsClose CommentsPermalink
`(A) IN GENERAL- Except as provided in paragraph (7), the President shall take no action under this section unless the industrial resource shortfall which such action is intended to correct has been identified in writing and transmitted to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. Such notification shall be accompanied by a statement from the President demonstrating that the notification is in accordance with the provisions of paragraph (5).';CommentsClose CommentsPermalink
(B) in subparagraph (B), by striking `60 days' and inserting `30 days'; andCommentsClose CommentsPermalink
(C) in subparagraph (C), by striking `$50,000,000' and inserting `$200,000,000'; andCommentsClose CommentsPermalink
(2) by amending subsection (e) to read as follows:CommentsClose CommentsPermalink
`(e) Installation of Equipment in Industrial Facilities- When in his judgment it will aid the national defense, the President is authorized to install additional equipment, facilities, processes or improvements to plants, factories, and other industrial facilities owned by the United States Government, and to install government-owned equipment in plants, factories, and other industrial facilities owned by private persons. The President may also provide for the modification or expansion of facilities in which such equipment will be installed, including the modification or improvement of production processes. When it will aid the national defense, the President may also sell or otherwise transfer such government-owned equipment to the owners of such plants, factories or other industrial facilities.'.CommentsClose CommentsPermalink
(d) Section 304(b)(2) of the Defense Production Act of 1950 (50 U.S.C. App. 2094(b)(2)) is amended to read as follows:CommentsClose CommentsPermalink
`(2) all moneys received by the Federal Government on transactions entered into pursuant to section 303.'.CommentsClose CommentsPermalink
SEC. 1053. AMENDMENT TO ANNUAL SUBMISSION OF INFORMATION REGARDING INFORMATION TECHNOLOGY CAPITAL ASSETS.
Section 351(a)(2) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (
`(2) Information technology capital assets that have an estimated total cost for the fiscal year for which the budget is submitted in excess of $30,000,000 and been determined by the Department of Defense Chief Information Officer and the Office of Management and Budget to be significant investments and are required to submit a Capital Asset Plan (Exhibit 300) to OMB in accordance with OMB Circular A-11, Section 300.'.CommentsClose CommentsPermalink
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. INCREASE IN AUTHORIZED NUMBER OF DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE EMPLOYEES.
SEC. 1102. PERMANENT EXTENSION OF DEPARTMENT OF DEFENSE VOLUNTARY REDUCTION IN FORCE AUTHORITY.
SEC. 1103. FLEXIBILITY IN PAYING ANNUITY TO FEDERAL RETIREES WHO RETURN TO WORK.
`(j) Provisions Relating to Reemployment- (1) The Secretary of Defense may, under procedures and criteria prescribed under paragraph (2), waive the application of the provisions of section 8344 or 8468 of this title on a case-by-case or group basis for employment of an annuitant in a position in the Department of Defense.CommentsClose CommentsPermalink
`(2) The Secretary shall prescribe procedures for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for a delegation of authority.CommentsClose CommentsPermalink
`(3) An employee as to whom a waiver under this subsection is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84 of this title.'.CommentsClose CommentsPermalink
SEC. 1104. DIRECT HIRE AUTHORITY FOR HEALTHCARE PROFESSIONALS OF THE DEPARMENT OF DEFENSE.
(a) Authority- Chapter 99 of title 5, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 9905. Direct hire authority for healthcare professionals
`(a)(1) Authority- The Secretary may appoint in the competitive civil service an individual described in subsection (b) or identified under subsection (c) for a position within the Department of Defense without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, (other than section 3303 and 3328 of such title).CommentsClose CommentsPermalink
`(2) Preference- In using the authority provided by this subsection, the Secretary shall apply the principles of preference for the hiring of veterans and other persons established in such subchapter.CommentsClose CommentsPermalink
`(b) Eligible Individuals- The following individuals may be appointed under subsection (a):CommentsClose CommentsPermalink
`(1) Physicians.CommentsClose CommentsPermalink
`(2) Dentists.CommentsClose CommentsPermalink
`(3) Podiatrists.CommentsClose CommentsPermalink
`(4) Optometrists.CommentsClose CommentsPermalink
`(5) Registered nurses.CommentsClose CommentsPermalink
`(6) Physician assistants.CommentsClose CommentsPermalink
`(7) Expanded-function dental auxiliaries.CommentsClose CommentsPermalink
`(8) Chiropractors.CommentsClose CommentsPermalink
`(9) Occupational, physical, recreation/creative arts, and respiratory therapists.CommentsClose CommentsPermalink
`(10) Nuclear medicine, medical instrument, health, environmental health, medical, pathology, psychology, pharmacy, and medical records technicians.CommentsClose CommentsPermalink
`(11) Diagnostic radiologic, therapeutic radiologic, medical, and cytotechnologists.CommentsClose CommentsPermalink
`(12) Social service, rehabilitation therapist, nursing, and medical support assistants.CommentsClose CommentsPermalink
`(13) Psychologists.CommentsClose CommentsPermalink
`(14) Social workers.CommentsClose CommentsPermalink
`(15) Dietitians.CommentsClose CommentsPermalink
`(16) Industrial hygienists.CommentsClose CommentsPermalink
`(17) Microbiologists.CommentsClose CommentsPermalink
`(18) Chemists.CommentsClose CommentsPermalink
`(19) Biostatisticians.CommentsClose CommentsPermalink
`(20) Health system specialists.CommentsClose CommentsPermalink
`(21) Health system specialists/administrators.CommentsClose CommentsPermalink
`(22) Orthotist/prosthetists.CommentsClose CommentsPermalink
`(23) Medical records specialists/administrators.CommentsClose CommentsPermalink
`(24) Biomedical engineers.CommentsClose CommentsPermalink
`(25) Pharmacists.CommentsClose CommentsPermalink
`(26) Audiologist/speech pathologists.CommentsClose CommentsPermalink
`(27) Licensed practical nurses.CommentsClose CommentsPermalink
`(c) Additional Eligible Individuals- The Secretary may identify other individuals in a healthcare occupation or profession who may be appointed under the authority in subsection (a) when the Secretary determines the use of such authority is necessary because of an expansion or other change in the healthcare mission of the Department or difficulty in employing individuals in such healthcare occupation or profession for service in the Department as a result of competing sources of employment or other reasons.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`9905. Direct hire authority for healthcare professionals.'.CommentsClose CommentsPermalink
SEC. 1105. EXTENSION OF AUTHORITY TO MAKE LUMP SUM SEVERANCE PAYMENTS.
SEC. 1106. TECHNICAL CHANGE TO THE DEFINITION OF A PROFESSIONAL ACCOUNTING POSITION.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. FUND FOREIGN VISITORS TO THE SERVICE ACADEMY INTERNATIONAL PROGRAMS AND ESTABLISH PER DIEM FOR FACULTY AND CADETS IN STUDY ABROAD PROGRAMS.
(a) In General- Chapter 53 of title 10, United States Code, is amended by adding the following new section:CommentsClose CommentsPermalink
`Sec. 1060c. Service academy international programs language and cultural immersion and foreign exchange and cooperation activities
`The superintendents of the United States Military Academy, United States Naval Academy, and United States Air Force Academy may pay the travel, subsistence, and special compensation of officers, students, and representatives of foreign countries and other hosting and entertainment expenses of foreign visitors that the superintendent concerned considers necessary for international cooperation. When United States Air Force Academy and United States Military Academy cadets, and United States Naval Academy midshipmen, travel or study abroad in programs to enhance language skills and cultural understanding, the superintendent concerned may determine that a rate lower than the per diem authorized in accordance with the Joint Federal Travel Regulations should be used.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`1060c. Service academy international programs language and cultural immersion and foreign exchange and cooperation activities.'.CommentsClose CommentsPermalink
Subtitle B--Nonproliferation Matters and Countries of Concern
SEC. 1211. WAIVER OF CERTAIN SANCTIONS AGAINST NORTH KOREA.
(a) Annual Waiver Authority-CommentsClose CommentsPermalink
(1) Except as provided in subsection (b), the President may waive in whole or in part, with respect to North Korea, the application of any sanction contained in section 102(b) of the Arms Export Control Act (
(A) assisting in the implementation of the North Korean commitment, undertaken in the Joint Statement of September 19, 2005, `to abandoning all nuclear weapons and existing nuclear programs' as part of the verifiable denuclearization of the Korean Peninsula, and verification thereof; andCommentsClose CommentsPermalink
(B) promoting the elimination of the capability of North Korea to develop, deploy, transfer, or maintain weapons of mass destruction, or their delivery systems.CommentsClose CommentsPermalink
(2) Any waiver issued pursuant to this subsection shall expire at the end of the calendar year in which it was issued.CommentsClose CommentsPermalink
(b) Exceptions-CommentsClose CommentsPermalink
(1) The authority under subsection (a) shall not apply with respect to a sanction or prohibition contained in subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export Control Act unless the President determines, and so certifies to the appropriate congressional committees, that--CommentsClose CommentsPermalink
(A) all reasonable steps will be taken to assure that the articles or services exported or otherwise provided will not be used to improve the military capabilities of the North Korean armed forces; andCommentsClose CommentsPermalink
(B) such waiver is in the national security interests of the United States.CommentsClose CommentsPermalink
(2) The authority under subsection (a) shall not apply with respect to--CommentsClose CommentsPermalink
(A) an activity described in subparagraph (A) or (C) of section 102(b)(1) of the Arms Export Control Act that occurred after September 19, 2005; orCommentsClose CommentsPermalink
(B) an activity described in subparagraph (D) of section 102(b)(1) of such Act that occurs after the date of enactment of this Act,CommentsClose CommentsPermalink
unless the President determines, and so certifies to the appropriate congressional committees, that such waiver is vital to the national security interests of the United States.CommentsClose CommentsPermalink
(3) The authority under subsection (a) shall not apply with respect to an activity described in subparagraph (B) of section 102(b)(1) of such Act that occurs after the date of enactment of this Act.CommentsClose CommentsPermalink
(c) Notifications and Reports-CommentsClose CommentsPermalink
(1) Any waiver pursuant to subsection (a) shall be notified in writing to the appropriate congressional committees.CommentsClose CommentsPermalink
(2) No later than August 31, 2008, and annually thereafter, the President shall submit to the appropriate congressional committees a report that--CommentsClose CommentsPermalink
(A) lists all waivers issued pursuant to this section in the preceding twelve months;CommentsClose CommentsPermalink
(B) describes in detail the progress that is being made in the implementation of the commitment undertaken by North Korea, in the Joint Statement of September 19, 2005, `to abandoning all nuclear weapons and existing nuclear programs' as part of the verifiable denuclearization of the Korean Peninsula;CommentsClose CommentsPermalink
(C) discusses specifically any shortcomings in North Korea's implementation of that commitment; andCommentsClose CommentsPermalink
(D) lists and describes the progress and shortcomings, in the preceding twelve months, of all other programs promoting the elimination of North Korea's capability to develop, deploy, transfer, or maintain weapons of mass destruction or their delivery systems.CommentsClose CommentsPermalink
(d) Appropriate Congressional Committees Defined- In this section, the term `appropriate congressional committees' means--CommentsClose CommentsPermalink
(1) the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate; andCommentsClose CommentsPermalink
(2) the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives.CommentsClose CommentsPermalink
Subtitle C--Other Matters
SEC. 1221. SALES OF DEFENSE SERVICES TO BE PERFORMED OVERSEAS TO SUPPORT DIRECT COMMERCIAL SALES BY UNITED STATES COMPANIES.
(a) In General- Section 30(a) of the Arms Export Control Act (
(b) Clerical Amendment- The heading of chapter 2B of the Arms Export Control Act (
`CHAPTER 2B--SALES OF DEFENSE ARTICLES AND SERVICES TO UNITED STATES COMPANIES'.
TITLE XIII--MATTERS RELATING TO BUILDING PARTNER CAPABILITIES TO COMBAT TERRORISM AND ENHANCE STABILITY
Subtitle A--Building Security Capacity and Non-Military Stabilization Support
SEC. 1301. BUILDING THE PARTNERSHIP CAPACITY OF FOREIGN MILITARY AND OTHER SECURITY FORCES.
(a) In General- Chapter 20 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 409. Authority to build the capacity of foreign military and security forces
`(a) Authority- The Secretary of Defense, with the concurrence of the Secretary of State, may authorize programs to build the capacity of a foreign country's national military forces and other security forces, including gendarmerie, constabulary, internal defense, infrastructure protection, civil defense, homeland defense, coast guard, border protection, and counterterrorism forces, in order for that country to--CommentsClose CommentsPermalink
`(1) conduct counterterrorist operations; orCommentsClose CommentsPermalink
`(2) participate in or support military and stability operations that are consistent with the security interests of the United States.CommentsClose CommentsPermalink
`(b) Types of Capacity Building-CommentsClose CommentsPermalink
`(1) AUTHORIZED ELEMENTS- Programs authorized under subsection (a) may be carried out by grant or otherwise, and may include the provision of equipment, supplies, and training, and minimal construction incidental to the provision of equipment.CommentsClose CommentsPermalink
`(2) REQUIRED ELEMENTS- Programs authorized under subsection (a) shall include elements that promote--CommentsClose CommentsPermalink
`(A) observance of and respect for human rights and fundamental freedoms; andCommentsClose CommentsPermalink
`(B) respect for legitimate civilian authority within that country.CommentsClose CommentsPermalink
`(3) PREPARATION ELEMENTS- In preparation of execution of programs authorized under subsection (a), United States armed forces may participate in training activities authorized by section 2011 of this title in nations where training pursuant to such section is on-going.CommentsClose CommentsPermalink
`(c) Limitations-CommentsClose CommentsPermalink
`(1) AVAILABILITY OF FUNDS-CommentsClose CommentsPermalink
`(A) The Secretary of Defense may use, or transfer to the Department of State or any other Federal agency, up to $750,000,000 of funds in any fiscal year to conduct or support activities authorized under subsection (a).CommentsClose CommentsPermalink
`(B) Amounts available for the authority in subsection (a) for a fiscal year may be used for programs under that authority that begin in that fiscal year but end in the next fiscal year.CommentsClose CommentsPermalink
`(2) ASSISTANCE OTHERWISE PROHIBITED BY LAW- The Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in subsection (b) that is otherwise prohibited by any provision of law.CommentsClose CommentsPermalink
`(3) LIMITATION ON ELIGIBLE COUNTRIES- The Secretary of Defense may not use the authority in subsection (a) to provide assistance described in subsection (b) to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.CommentsClose CommentsPermalink
`(4) WAIVER AUTHORITY- Notwithstanding any other provision of law, the President or the Secretary of State, as appropriate, may waive any restrictions that may apply to assistance for military or other security forces provided under this section upon determining that the applicable standard for any such waiver already available under existing law is met, or otherwise upon determining that it is in the national security interests of the United States to do so.CommentsClose CommentsPermalink
`(d) Formulation and Execution of Program- The Department of Defense and the Department of State shall jointly formulate any program authorized under subsection (a). The Secretary of Defense shall coordinate with the Secretary of State in the implementation of any program authorized under subsection (a).CommentsClose CommentsPermalink
`(e) Congressional Notification-CommentsClose CommentsPermalink
`(1) ACTIVITIES IN A COUNTRY- Not less than 15 days before initiating activities authorized under subsection (a) in any country, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional committees specified in paragraph (2) a notice of the following:CommentsClose CommentsPermalink
`(A) The country being assisted pursuant to subsection (a).CommentsClose CommentsPermalink
`(B) The budget, implementation timeline with milestones, and completion date for completing the program authorized under subsection (a).CommentsClose CommentsPermalink
`(C) The source and planned expenditure of funds to complete the program authorized under subsection (a).CommentsClose CommentsPermalink
`(2) SPECIFIED CONGRESSIONAL COMMITTEES- The congressional committees specified in this paragraph are the following:CommentsClose CommentsPermalink
`(A) The Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.CommentsClose CommentsPermalink
`(B) The Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`409. Authority to build the capacity of foreign military and security forces.'.CommentsClose CommentsPermalink
Subtitle B--Enhancing Partners' Capacity for Effective Operations
SEC. 1311. LOANS OF SIGNIFICANT MILITARY EQUIPMENT.
SEC. 1312. GRANTS OF NON-LETHAL EXCESS DEFENSE ARTICLES BY GEOGRAPHIC COMBATANT COMMANDERS.
(a) In General- Chapter 6 of title 10, United States Code, is amended by inserting after section 166b the following new section:CommentsClose CommentsPermalink
`Sec. 166c. Geographic combatant commander's authority to transfer excess defense articles
`(a) Authorization- A geographic combatant commander, with the concurrence of the Secretary of State, is authorized to transfer, on a grant basis, a total of $25,000 per year of non-lethal excess defense articles to each country within that commander's area of responsibility for the purpose of building the capacity of such countries to conduct counterterrorist operations, or to participate in or support mi