U.S. Congress - Text of S.3001 as Enrolled Bill National Defense Authorization Act for Fiscal Year 2009
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Donate NowS.3001 - National Defense Authorization Act for Fiscal Year 2009
An original bill to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Placed on Calendar Senate | 87,148 | n/a | n/a |
| Engrossed in Senate | 88,571 | 1,353 | 13% |
| Engrossed Amendment House | 172,764 | 3,364 | 83% |
| Enrolled Bill | 166,455 | 544 Show Changes Hide Changes | 2% |
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S 3001 EAH
Begun and held at the City of Washington on Thursday,CommentsClose CommentsPermalink
the third day of January, two thousand and eightCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
To authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes’, do pass with the followingAMENDMENT:Strike out all after the enacting clause and insert:.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; FINDINGS; SENSE OF CONGRESS.CommentsClose CommentsPermalink
(a) Short Title- This Act may be cited as the ‘Duncan Hunter National Defense Authorization Act for Fiscal Year 2009’.CommentsClose CommentsPermalink
(b) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) Representative Duncan Hunter was elected to serve northern and eastern San Diego in 1980 and served in the House of Representatives until the end of the 110th Congress in 2009, representing the people of California’s 52d Congressional district.CommentsClose CommentsPermalink
(2) Previous to his service in Congress, Representative Hunter served in the Army’s 173rd Airborne and 75th Ranger Regiment from 1969 to 1971.CommentsClose CommentsPermalink
(3) During the Vietnam conflict, Representative Hunter’s distinguished service was recognized by the award of the Bronze Star and Air Medal, as well as the National Defense Service Medal and the Vietnam Service Medal.CommentsClose CommentsPermalink
(4) Representative Hunter served on the Committee on Armed Services of the House of Representatives for 28 years, including service as Chairman of the Subcommittee on Military Research and Development from 2001 through 2002 and the Subcommittee on Military Procurement from 1995 through 2000, the Chairman of the full committee from 2003 through 2006, and the ranking member of the full committee from 2007 through 2008.CommentsClose CommentsPermalink
(5) Representative Hunter has persistently advocated for a more efficient military organization on behalf of the American people, to ensure maximum war-fighting capability and troop safety.CommentsClose CommentsPermalink
(6) Representative Hunter is known by his colleagues to put the security of the Nation above all else and to provide for the men and women in uniform who valiantly dedicate and sacrifice themselves for the protection of the Nation.CommentsClose CommentsPermalink
(7) Representative Hunter has demonstrated this devotion to the troops by working to authorize and ensure quick deployment of add-on vehicle armor and improvised explosive device jammers, which have been invaluable in protecting the troops from attack in Iraq.CommentsClose CommentsPermalink
(8) Representative Hunter worked to increase the size of the U.S. Armed Forces, which resulted in significant increases in the size of the Army and Marine Corps.CommentsClose CommentsPermalink
(9) Representative Hunter has been a leader in ensuring sufficient force structure and end-strength, including through the 2006 Committee Defense Review, to meet any challenges to the Nation. His efforts to increase the size of the Army and Marine Corps contributed to the enactment by the Congress and the subsequent implementation by the Administration of the larger forces.CommentsClose CommentsPermalink
(10) Representative Hunter is a leading advocate for securing America’s borders.CommentsClose CommentsPermalink
(11) Representative Hunter led efforts to strengthen the United States Industrial Base by working to enact legislation that ensures that the national industrial base will be able to design and manufacture those products critical to America’s national security.CommentsClose CommentsPermalink
(c) Sense of Congress- It is the sense of Congress that the Honorable Duncan Hunter, Representative from California, has discharged his official duties with integrity and distinction, has served the House of Representatives and the American people selflessly, and deserves the sincere and humble gratitude of Congress and the Nation.CommentsClose CommentsPermalink
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.CommentsClose CommentsPermalink
(a) Divisions- This Act is organized into three divisions as follows:CommentsClose CommentsPermalink
(1) Division A--Department of Defense Authorizations.CommentsClose CommentsPermalink
(2) Division B--Military Construction Authorizations.CommentsClose CommentsPermalink
(3) Division C--Department of Energy National Security Authorizations and Other Authorizations.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; findings; sense of Congress.CommentsClose CommentsPermalink
Sec. 2. Organization of Act into divisions; table of contents.CommentsClose CommentsPermalink
Sec. 3. Congressional defense committees.CommentsClose CommentsPermalink
Sec. 4. Explanatory statement.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. National Guard and Reserve equipment.CommentsClose CommentsPermalink
Subtitle B--Army Programs
Sec. 111. Separate procurement line items for Future Combat Systems program.CommentsClose CommentsPermalink
Sec. 112. Clarification of status of Future Combat Systems program lead system integrator.CommentsClose CommentsPermalink
Sec. 113. Restriction on obligation of funds for Army tactical radio pending report.CommentsClose CommentsPermalink
Sec. 114. Restriction on obligation of procurement funds for Armed Reconnaissance Helicopter program pending certification.CommentsClose CommentsPermalink
Sec. 115. Stryker Mobile Gun System.CommentsClose CommentsPermalink
Subtitle C--Navy Programs
Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt.CommentsClose CommentsPermalink
Sec. 122. Littoral Combat Ship (LCS) program.CommentsClose CommentsPermalink
Sec. 123. Report on F/A-18 procurement costs, comparing multiyear to annual.CommentsClose CommentsPermalink
Sec. 124. Authority for advanced procurement and construction of components for the Virginia-class submarine program.CommentsClose CommentsPermalink
Subtitle D--Air Force Programs
Sec. 131. Maintenance of retired KC-135E aircraft.CommentsClose CommentsPermalink
Sec. 132. Repeal of multi-year contract authority for procurement of tanker aircraft.CommentsClose CommentsPermalink
Sec. 133. Reports on KC-(X) tanker aircraft requirements.CommentsClose CommentsPermalink
Sec. 134. F-22A fighter aircraft.CommentsClose CommentsPermalink
Subtitle E--Joint and Multiservice Matters
Sec. 141. Annual long-term plan for the procurement of aircraft for the Navy and the Air Force.CommentsClose CommentsPermalink
Sec. 142. Report on body armor acquisition strategy.CommentsClose CommentsPermalink
Sec. 143. Small arms acquisition strategy and requirements review.CommentsClose CommentsPermalink
Sec. 144. Requirement for common ground stations and payloads for manned and unmanned aerial vehicle systems.CommentsClose CommentsPermalink
Sec. 145. Report on future jet carrier trainer requirements of the Navy.CommentsClose CommentsPermalink
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 202. Amount for defense science and technology.CommentsClose CommentsPermalink
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Additional determinations to be made as part of Future Combat Systems milestone review.CommentsClose CommentsPermalink
Sec. 212. Analysis of Future Combat Systems communications network and software.CommentsClose CommentsPermalink
Sec. 213. Future Combat Systems manned ground vehicle Selected Acquisition Reports.CommentsClose CommentsPermalink
Sec. 214. Separate procurement and research, development, test, and evaluation line items and program elements for Sky Warrior Unmanned Aerial Systems project.CommentsClose CommentsPermalink
Sec. 215. Restriction on obligation of funds for the Warfighter Information Network-Tactical program.CommentsClose CommentsPermalink
Sec. 216. Limitation on source of funds for certain Joint Cargo Aircraft expenditures.CommentsClose CommentsPermalink
Sec. 217. Requirement for plan on overhead nonimaging infrared systems.CommentsClose CommentsPermalink
Sec. 218. Advanced energy storage technology and manufacturing.CommentsClose CommentsPermalink
Sec. 219. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.CommentsClose CommentsPermalink
Sec. 220. Requirements for certain airborne intelligence collection systems.CommentsClose CommentsPermalink
Sec. 221. Limitation on obligation of funds for Enhanced AN/TPQ-36 radar system pending submission of report.CommentsClose CommentsPermalink
Subtitle C--Missile Defense Programs
Sec. 231. Annual Director of Operational Test and Evaluation characterization of operational effectiveness, suitability, and survivability of the ballistic missile defense system.CommentsClose CommentsPermalink
Sec. 232. Independent study of boost-phase missile defense.CommentsClose CommentsPermalink
Sec. 233. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe.CommentsClose CommentsPermalink
Sec. 234. Review of the ballistic missile defense policy and strategy of the United States.CommentsClose CommentsPermalink
Sec. 235. Airborne Laser System.CommentsClose CommentsPermalink
Sec. 236. Activation and deployment of AN/TPY-2 forward-based X-band radar.CommentsClose CommentsPermalink
Subtitle D--Reports
Sec. 241. Biennial reports on joint and service concept development and experimentation.CommentsClose CommentsPermalink
Sec. 242. Report on participation of the historically black colleges and universities and minority-serving institutions in research and educational programs and activities of the Department of Defense.CommentsClose CommentsPermalink
Sec. 243. Report on Department of Defense response to findings and recommendations of the Defense Science Board Task Force on Directed Energy Weapons.CommentsClose CommentsPermalink
Subtitle E--Other Matters
Sec. 251. Modification of systems subject to survivability testing oversight by the Director of Operational Test and evaluation.CommentsClose CommentsPermalink
Sec. 252. Technology-neutral information technology guidelines and standards to support fully interoperable electronic personal health information for the Department of Defense and Department of Veterans Affairs.CommentsClose CommentsPermalink
Sec. 253. Assessment of technology transition programs and repeal of reporting requirement.CommentsClose CommentsPermalink
Sec. 254. Trusted defense systems.CommentsClose CommentsPermalink
Sec. 255. Capabilities-based assessment to outline a joint approach for future development of vertical lift aircraft and rotorcraft.CommentsClose CommentsPermalink
Sec. 256. Executive agent for printed circuit board technology.CommentsClose CommentsPermalink
Sec. 257. Review of conventional prompt global strike technology applications and concepts.CommentsClose CommentsPermalink
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.CommentsClose CommentsPermalink
Subtitle B--Environmental Provisions
Sec. 311. Authorization for Department of Defense participation in conservation banking programs.CommentsClose CommentsPermalink
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake, Washington.CommentsClose CommentsPermalink
Sec. 313. Expand cooperative agreement authority for management of natural resources to include off-installation mitigation.CommentsClose CommentsPermalink
Sec. 314. Expedited use of appropriate technology related to unexploded ordnance detection.CommentsClose CommentsPermalink
Sec. 315. Closed loop re-refining of used motor vehicle lubricating oil.CommentsClose CommentsPermalink
Sec. 316. Comprehensive program for the eradication of the brown tree snake population from military facilities in Guam.CommentsClose CommentsPermalink
Subtitle C--Workplace and Depot Issues
Sec. 321. Comprehensive analysis and development of single Government-wide definition of inherently governmental function and criteria for critical functions.CommentsClose CommentsPermalink
Sec. 322. Study on future depot capability.CommentsClose CommentsPermalink
Sec. 323. Government Accountability Office review of high-performing organizations.CommentsClose CommentsPermalink
Sec. 324. Consolidation of Air Force and Air National Guard aircraft maintenance.CommentsClose CommentsPermalink
Sec. 325. Report on Air Force civilian personnel consolidation plan.CommentsClose CommentsPermalink
Sec. 326. Report on reduction in number of firefighters on Air Force bases.CommentsClose CommentsPermalink
Sec. 327. Minimum capital investment for certain depots.CommentsClose CommentsPermalink
Subtitle D--Energy Security
Sec. 331. Annual report on operational energy management and implementation of operational energy strategy.CommentsClose CommentsPermalink
Sec. 332. Consideration of fuel logistics support requirements in planning, requirements development, and acquisition processes.CommentsClose CommentsPermalink
Sec. 333. Study on solar and wind energy for use for expeditionary forces.CommentsClose CommentsPermalink
Sec. 334. Study on alternative and synthetic fuels.CommentsClose CommentsPermalink
Sec. 335. Mitigation of power outage risks for Department of Defense facilities and activities.CommentsClose CommentsPermalink
Subtitle E--Reports
Sec. 341. Comptroller General report on readiness of Armed Forces.CommentsClose CommentsPermalink
Sec. 342. Report on plan to enhance combat skills of Navy and Air Force personnel.CommentsClose CommentsPermalink
Sec. 343. Comptroller General report on the use of the Army Reserve and National Guard as an operational reserve.CommentsClose CommentsPermalink
Sec. 344. Comptroller General report on link between preparation and use of Army reserve component forces to support ongoing operations.CommentsClose CommentsPermalink
Sec. 345. Comptroller General report on adequacy of funding, staffing, and organization of Department of Defense Military Munitions Response Program.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 351. Extension of Enterprise Transition Plan reporting requirement.CommentsClose CommentsPermalink
Sec. 352. Demilitarization of loaned, given, or exchanged documents, historical artifacts, and condemned or obsolete combat materiel.CommentsClose CommentsPermalink
Sec. 353. Repeal of requirement that Secretary of Air Force provide training and support to other military departments for A-10 aircraft.CommentsClose CommentsPermalink
Sec. 354. Display of annual budget requirements for Air Sovereignty Alert Mission.CommentsClose CommentsPermalink
Sec. 355. Revision of certain Air Force regulations required.CommentsClose CommentsPermalink
Sec. 356. Transfer of C-12 aircraft to California Department of Forestry and Fire Protection.CommentsClose CommentsPermalink
Sec. 357. Limitation on treatment of retired B-52 aircraft for Air Combat Command headquarters.CommentsClose CommentsPermalink
Sec. 358. Increase of domestic breeding of military working dogs used by the Department of Defense.CommentsClose CommentsPermalink
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.CommentsClose CommentsPermalink
Sec. 402. Revision in permanent active duty end strength minimum levels.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
Sec. 416. Additional waiver authority of limitation on number of reserve component members authorized to be on active duty.CommentsClose CommentsPermalink
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.CommentsClose CommentsPermalink
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Mandatory separation requirements for regular warrant officers for length of service.CommentsClose CommentsPermalink
Sec. 502. Requirements for issuance of posthumous commissions and warrants.CommentsClose CommentsPermalink
Sec. 503. Authorized number of general officers on active duty in the Army and Marine Corps, limited exclusion for joint duty requirements, and increase in number of officers serving in grades above major general and rear admiral.CommentsClose CommentsPermalink
Sec. 504. Modification of authority on Staff Judge Advocate to the Commandant of the Marine Corps.CommentsClose CommentsPermalink
Sec. 505. Eligibility of reserve officers to serve on boards of inquiry for separation of regular officers for substandard performance and other reasons.CommentsClose CommentsPermalink
Sec. 506. Delayed authority to alter distribution requirements for commissioned officers on active duty in general officer and flag officer grades and limitations on authorized strengths of general and flag officers on active duty.CommentsClose CommentsPermalink
Subtitle B--Reserve Component Management
Sec. 511. Extension to other reserve components of Army authority for deferral of mandatory separation of military technicians (dual status) until age 60.CommentsClose CommentsPermalink
Sec. 512. Modification of authorized strengths for certain Army National Guard, Marine Corps Reserve, and Air National Guard officers and Army National Guard enlisted personnel serving on full-time reserve component duty.CommentsClose CommentsPermalink
Sec. 513. Clarification of authority to consider for a vacancy promotion National Guard officers ordered to active duty in support of a contingency operation.CommentsClose CommentsPermalink
Sec. 514. Increase in mandatory retirement age for certain Reserve officers.CommentsClose CommentsPermalink
Sec. 515. Age limit for retention of certain Reserve officers on active-status list as exception to removal for years of commissioned service.CommentsClose CommentsPermalink
Sec. 516. Authority to retain Reserve chaplains and officers in medical and related specialties until age 68.CommentsClose CommentsPermalink
Sec. 517. Modification of authorities on dual duty status of National Guard officers.CommentsClose CommentsPermalink
Sec. 518. Study and report regarding Marine Corps personnel policies regarding assignments in Individual Ready Reserve.CommentsClose CommentsPermalink
Sec. 519. Report on collection of information on civilian skills of members of the reserve components of the Armed Forces.CommentsClose CommentsPermalink
Subtitle C--Joint Qualified Officers and Requirements
Sec. 521. Joint duty requirements for promotion to general or flag officer.CommentsClose CommentsPermalink
Sec. 522. Technical, conforming, and clerical changes to joint specialty terminology.CommentsClose CommentsPermalink
Sec. 523. Promotion policy objectives for joint qualified officers.CommentsClose CommentsPermalink
Sec. 524. Length of joint duty assignments.CommentsClose CommentsPermalink
Sec. 525. Designation of general and flag officer positions on Joint Staff as positions to be held only by reserve component officers.CommentsClose CommentsPermalink
Sec. 526. Modification of limitations on authorized strengths of reserve general and flag officers in active status serving in joint duty assignments.CommentsClose CommentsPermalink
Sec. 527. Reports on joint education courses available through the Department of Defense.CommentsClose CommentsPermalink
Subtitle D--General Service Authorities
Sec. 531. Increase in maximum period of reenlistment of regular members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 532. Paternity leave for members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 533. Pilot programs on career flexibility to enhance retention of members of the Armed Forces.CommentsClose CommentsPermalink
Subtitle E--Education and Training
Sec. 540. Authorized strength of military service academies and repeal of prohibition on phased increase in midshipmen and cadet strength limit at Naval Academy and Air Force Academy.CommentsClose CommentsPermalink
Sec. 541. Promotion of foreign and cultural exchange activities at military service academies.CommentsClose CommentsPermalink
Sec. 542. Increased authority to enroll defense industry employees in defense product development program.CommentsClose CommentsPermalink
Sec. 543. Expanded authority for institutions of professional military education to award degrees.CommentsClose CommentsPermalink
Sec. 544. Tuition for attendance of Federal employees at the United States Air Force Institute of Technology.CommentsClose CommentsPermalink
Sec. 545. Increase in number of permanent professors at the United States Air Force Academy.CommentsClose CommentsPermalink
Sec. 546. Requirement of completion of service under honorable conditions for purposes of entitlement to educational assistance for reserve component members supporting contingency operations.CommentsClose CommentsPermalink
Sec. 547. Consistent education loan repayment authority for health professionals in regular components and Selected Reserve.CommentsClose CommentsPermalink
Sec. 548. Increase in number of units of Junior Reserve Officers’ Training Corps.CommentsClose CommentsPermalink
Sec. 549. Correction of erroneous Army College Fund benefit amounts.CommentsClose CommentsPermalink
Sec. 550. Enhancing education partnerships to improve accessibility and flexibility for members of the Armed Forces.CommentsClose CommentsPermalink
Subtitle F--Defense Dependents’ Education
Sec. 551. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.CommentsClose CommentsPermalink
Sec. 552. Impact aid for children with severe disabilities.CommentsClose CommentsPermalink
Sec. 553. Transition of military dependent students among local educational agencies.CommentsClose CommentsPermalink
Sec. 554. Calculation of payments for eligible federally connected children under Department of Education’s Impact Aid program.CommentsClose CommentsPermalink
Subtitle G--Military Justice
Sec. 561. Effective period of military protective orders.CommentsClose CommentsPermalink
Sec. 562. Mandatory notification of issuance of military protective order to civilian law enforcement.CommentsClose CommentsPermalink
Sec. 563. Implementation of information database on sexual assault incidents in the Armed Forces.CommentsClose CommentsPermalink
Subtitle H--Decorations, Awards, and Honorary Promotions
Sec. 571. Replacement of military decorations.CommentsClose CommentsPermalink
Sec. 572. Authorization and request for award of Medal of Honor to Richard L. Etchberger for acts of valor during the Vietnam War.CommentsClose CommentsPermalink
Subtitle I--Military Families
Sec. 581. Presentation of burial flag to the surviving spouse and children of deceased members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 582. Education and training opportunities for military spouses.CommentsClose CommentsPermalink
Sec. 583. Sense of Congress regarding honor guard details for funerals of veterans.CommentsClose CommentsPermalink
Subtitle J--Other Matters
Sec. 591. Prohibition on interference in independent legal advice by the Legal Counsel to the Chairman of the Joint Chiefs of Staff.CommentsClose CommentsPermalink
Sec. 592. Interest payments on certain claims arising from correction of military records.CommentsClose CommentsPermalink
Sec. 593. Extension of limitation on reductions of personnel of agencies responsible for review and correction of military records.CommentsClose CommentsPermalink
Sec. 594. Modification of matching fund requirements under National Guard Youth Challenge Program.CommentsClose CommentsPermalink
Sec. 595. Military salute for the flag during the national anthem by members of the Armed Forces not in uniform and by veterans.CommentsClose CommentsPermalink
Sec. 596. Military Leadership Diversity Commission.CommentsClose CommentsPermalink
Sec. 597. Demonstration project on service of retired nurse corps officers as faculty at civilian nursing schools.CommentsClose CommentsPermalink
Sec. 598. Report on planning for participation and hosting of the Department of Defense in international sports activities, competitions, and events.CommentsClose CommentsPermalink
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2009 increase in military basic pay.CommentsClose CommentsPermalink
Sec. 602. Permanent extension of prohibition on charges for meals received at military treatment facilities by members receiving continuous care.CommentsClose CommentsPermalink
Sec. 603. Increase in maximum authorized payment or reimbursement amount for temporary lodging expenses.CommentsClose CommentsPermalink
Sec. 604. Availability of second family separation allowance for married couples with dependents.CommentsClose CommentsPermalink
Sec. 605. Extension of authority for income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.CommentsClose CommentsPermalink
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces.CommentsClose CommentsPermalink
Sec. 612. Extension of certain bonus and special pay authorities for health care professionals.CommentsClose CommentsPermalink
Sec. 613. Extension of special pay and bonus authorities for nuclear officers.CommentsClose CommentsPermalink
Sec. 614. Extension of authorities relating to payment of other title 37 bonuses and special pays.CommentsClose CommentsPermalink
Sec. 615. Extension of authorities relating to payment of referral bonuses.CommentsClose CommentsPermalink
Sec. 616. Increase in maximum bonus and stipend amounts authorized under Nurse Officer Candidate Accession Program and health professions stipend program.CommentsClose CommentsPermalink
Sec. 617. Maximum length of nuclear officer incentive pay agreements for service.CommentsClose CommentsPermalink
Sec. 618. Technical changes regarding consolidation of special pay, incentive pay, and bonus authorities of the uniformed services.CommentsClose CommentsPermalink
Sec. 619. Use of new skill incentive pay and proficiency bonus authorities to encourage training in critical foreign languages and foreign cultural studies and authorization of incentive pay for members of precommissioning programs pursuing foreign language proficiency.CommentsClose CommentsPermalink
Sec. 620. Accession and retention bonuses for the recruitment and retention of officers in certain health professions.CommentsClose CommentsPermalink
Subtitle C--Travel and Transportation Allowances
Sec. 621. Special weight allowance for transportation of professional books and equipment for spouses.CommentsClose CommentsPermalink
Sec. 622. Shipment of family pets during evacuation of personnel.CommentsClose CommentsPermalink
Subtitle D--Retired Pay and Survivor Benefits
Sec. 631. Extension to survivors of certain members who die on active duty of special survivor indemnity allowance for persons affected by required Survivor Benefit Plan annuity offset for dependency and indemnity compensation.CommentsClose CommentsPermalink
Sec. 632. Correction of unintended reduction in survivor benefit plan annuities due to phased elimination of two-tier annuity computation and supplemental annuity.CommentsClose CommentsPermalink
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits and Operations
Sec. 641. Use of commissary stores surcharges derived from temporary commissary initiatives for reserve component and retired members.CommentsClose CommentsPermalink
Sec. 642. Enhanced enforcement of prohibition on sale or rental of sexually explicit material on military installations.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 651. Continuation of entitlement to bonuses and similar benefits for members of the uniformed services who die, are separated or retired for disability, or meet other criteria.CommentsClose CommentsPermalink
TITLE VII--HEALTH CARE AND WOUNDED WARRIOR PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. One-year extension of prohibition on increases in certain health care costs for members of the uniformed services.CommentsClose CommentsPermalink
Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program.CommentsClose CommentsPermalink
Sec. 703. Chiropractic health care for members on active duty.CommentsClose CommentsPermalink
Sec. 704. Calculation of monthly premiums for coverage under TRICARE Reserve Select after 2008.CommentsClose CommentsPermalink
Sec. 705. Program for health care delivery at military installations projected to grow.CommentsClose CommentsPermalink
Sec. 706. Guidelines for combined medical facilities of the Department of Defense and the Department of Veterans Affairs.CommentsClose CommentsPermalink
Subtitle B--Preventive Care
Sec. 711. Waiver of copayments for preventive services for certain TRICARE beneficiaries.CommentsClose CommentsPermalink
Sec. 712. Military health risk management demonstration project.CommentsClose CommentsPermalink
Sec. 713. Smoking cessation program under TRICARE.CommentsClose CommentsPermalink
Sec. 714. Preventive health allowance.CommentsClose CommentsPermalink
Sec. 715. Additional authority for studies and demonstration projects relating to delivery of health and medical care.CommentsClose CommentsPermalink
Subtitle C--Wounded Warrior Matters
Sec. 721. Center of excellence in prevention, diagnosis, mitigation, treatment, and rehabilitation of hearing loss and auditory system injuries.CommentsClose CommentsPermalink
Sec. 722. Clarification to center of excellence relating to military eye injuries.CommentsClose CommentsPermalink
Sec. 723. Center of Excellence in the Mitigation, Treatment, and Rehabilitation of Traumatic Extremity Injuries and Amputations.CommentsClose CommentsPermalink
Sec. 724. Additional responsibilities for the wounded warrior resource center.CommentsClose CommentsPermalink
Sec. 725. Sense of Congress on research on traumatic brain injury.CommentsClose CommentsPermalink
Sec. 726. Extension of Senior Oversight Committee with respect to wounded warrior matters.CommentsClose CommentsPermalink
Sec. 727. Modification of utilization of veterans’ presumption of sound condition in establishing eligibility of members of the Armed Forces for retirement for disability.CommentsClose CommentsPermalink
Subtitle D--Other Matters
Sec. 731. Report on providing the Extended Care Health Option Program to dependents of military retirees.CommentsClose CommentsPermalink
Sec. 732. Increase in cap on extended benefits under extended health care option (ECHO).CommentsClose CommentsPermalink
Sec. 733. Department of Defense task force on the prevention of suicide by members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 734. Transitional health care for certain members of the Armed Forces who agree to serve in the Selected Reserve of the Ready Reserve.CommentsClose CommentsPermalink
Sec. 735. Enhancement of medical and dental readiness of members of the Armed Forces.CommentsClose CommentsPermalink
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Assessment of urgent operational needs fulfillment.CommentsClose CommentsPermalink
Sec. 802. Implementation of statutory requirements regarding the national technology and industrial base.CommentsClose CommentsPermalink
Sec. 803. Commercial software reuse preference.CommentsClose CommentsPermalink
Sec. 804. Internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies.CommentsClose CommentsPermalink
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Inclusion of major subprograms to major defense acquisition programs under acquisition reporting requirements.CommentsClose CommentsPermalink
Sec. 812. Inclusion of certain major information technology investments in acquisition oversight authorities for major automated information system programs.CommentsClose CommentsPermalink
Sec. 813. Transfer of sections of title 10 relating to Milestone A and Milestone B for clarity.CommentsClose CommentsPermalink
Sec. 814. Configuration steering boards for cost control under major defense acquisition programs.CommentsClose CommentsPermalink
Sec. 815. Preservation of tooling for major defense acquisition programs.CommentsClose CommentsPermalink
Subtitle C--Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 821. Definition of system for Defense Acquisition Challenge Program.CommentsClose CommentsPermalink
Sec. 822. Technical data rights.CommentsClose CommentsPermalink
Sec. 823. Revision to the application of Cost Accounting Standards.CommentsClose CommentsPermalink
Sec. 824. Modification and extension of pilot program for transition to follow-on contracts under authority to carry out certain prototype projects.CommentsClose CommentsPermalink
Sec. 825. Clarification of status of Government rights in the designs of Department of Defense vessels, boats, craft, and components thereof.CommentsClose CommentsPermalink
Subtitle D--Provisions Relating to Acquisition Workforce and Inherently Governmental Functions
Sec. 831. Development of guidance on personal services contracts.CommentsClose CommentsPermalink
Sec. 832. Sense of Congress on performance by private security contractors of certain functions in an area of combat operations.CommentsClose CommentsPermalink
Sec. 833. Acquisition workforce expedited hiring authority.CommentsClose CommentsPermalink
Sec. 834. Career path and other requirements for military personnel in the acquisition field.CommentsClose CommentsPermalink
Subtitle E--Department of Defense Contractor Matters
Sec. 841. Ethics safeguards related to contractor conflicts of interest.CommentsClose CommentsPermalink
Sec. 842. Information for Department of Defense contractor employees on their whistleblower rights.CommentsClose CommentsPermalink
Sec. 843. Requirement for Department of Defense to adopt an acquisition strategy for Defense Base Act insurance.CommentsClose CommentsPermalink
Sec. 844. Report on use of off-shore subsidiaries by defense contractors.CommentsClose CommentsPermalink
Sec. 845. Defense industrial security.CommentsClose CommentsPermalink
Subtitle F--Matters Relating to Iraq and Afghanistan
Sec. 851. Clarification and modification of authorities relating to the Commission on Wartime Contracting in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 852. Comprehensive audit of spare parts purchases and depot overhaul and maintenance of equipment for operations in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 853. Additional matters required to be reported by contractors performing security functions in areas of combat operations.CommentsClose CommentsPermalink
Sec. 854. Additional contractor requirements and responsibilities relating to alleged crimes by or against contractor personnel in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 855. Suspension of statutes of limitations when Congress authorizes the use of military force.CommentsClose CommentsPermalink
Subtitle G--Governmentwide Acquisition Improvements
Sec. 861. Short title.CommentsClose CommentsPermalink
Sec. 862. Limitation on length of certain noncompetitive contracts.CommentsClose CommentsPermalink
Sec. 863. Requirements for purchase of property and services pursuant to multiple award contracts.CommentsClose CommentsPermalink
Sec. 864. Regulations on the use of cost-reimbursement contracts.CommentsClose CommentsPermalink
Sec. 865. Preventing abuse of interagency contracts.CommentsClose CommentsPermalink
Sec. 866. Limitations on tiering of subcontractors.CommentsClose CommentsPermalink
Sec. 867. Linking of award and incentive fees to acquisition outcomes.CommentsClose CommentsPermalink
Sec. 868. Minimizing abuse of commercial services item authority.CommentsClose CommentsPermalink
Sec. 869. Acquisition workforce development strategic plan.CommentsClose CommentsPermalink
Sec. 870. Contingency Contracting Corps.CommentsClose CommentsPermalink
Sec. 871. Access of Government Accountability Office to contractor employees.CommentsClose CommentsPermalink
Sec. 872. Database for Federal agency contract and grant officers and suspension and debarment officials.CommentsClose CommentsPermalink
Sec. 873. Role of Interagency Committee on Debarment and Suspension.CommentsClose CommentsPermalink
Sec. 874. Improvements to the Federal procurement data system.CommentsClose CommentsPermalink
Subtitle H--Other Matters
Sec. 881. Expansion of authority to retain fees from licensing of intellectual property.CommentsClose CommentsPermalink
Sec. 882. Report on market research.CommentsClose CommentsPermalink
Sec. 883. Report relating to munitions.CommentsClose CommentsPermalink
Sec. 884. Motor carrier fuel surcharges.CommentsClose CommentsPermalink
Sec. 885. Procurement by State and local governments of equipment for homeland security and emergency response activities through the Department of Defense.CommentsClose CommentsPermalink
Sec. 886. Review of impact of covered subsidies on acquisition of KC-45 aircraft.CommentsClose CommentsPermalink
Sec. 887. Report on the implementation of earned value management at the Department of Defense.CommentsClose CommentsPermalink
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Plan required for personnel management of special operations forces.CommentsClose CommentsPermalink
Sec. 902. Director of Operational Energy Plans and Programs.CommentsClose CommentsPermalink
Sec. 903. Corrosion control and prevention executives for the military departments.CommentsClose CommentsPermalink
Sec. 904. Participation of Deputy Chief Management Officer of the Department of Defense on Defense Business System Management Committee.CommentsClose CommentsPermalink
Sec. 905. Modification of status of Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs.CommentsClose CommentsPermalink
Sec. 906. Requirement for the Secretary of Defense to prepare a strategic plan to enhance the role of the National Guard and Reserves.CommentsClose CommentsPermalink
Sec. 907. General Counsel to the Inspector General of the Department of Defense.CommentsClose CommentsPermalink
Sec. 908. Business transformation initiatives for the military departments.CommentsClose CommentsPermalink
Subtitle B--Space Activities
Sec. 911. Extension of authority for pilot program for provision of space surveillance network services to entities outside United States Government.CommentsClose CommentsPermalink
Sec. 912. Investment and acquisition strategy for commercial satellite capabilities.CommentsClose CommentsPermalink
Sec. 913. Space posture review.CommentsClose CommentsPermalink
Subtitle C--Chemical Demilitarization Program
Sec. 921. Responsibilities for Chemical Demilitarization Citizens’ Advisory Commissions in Colorado and Kentucky.CommentsClose CommentsPermalink
Sec. 922. Cost-benefit analysis of future treatment of hydrolysate at Pueblo Chemical Depot, Colorado.CommentsClose CommentsPermalink
Subtitle D--Intelligence-Related Matters
Sec. 931. Technical changes following the redesignation of National Imagery and Mapping Agency as National Geospatial-Intelligence Agency.CommentsClose CommentsPermalink
Sec. 932. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 2004.CommentsClose CommentsPermalink
Sec. 933. Technical amendments relating to the Associate Director of the CIA for Military Affairs.CommentsClose CommentsPermalink
Subtitle E--Other Matters
Sec. 941. Enhancement of authorities relating to Department of Defense regional centers for security studies.CommentsClose CommentsPermalink
Sec. 942. Restriction on obligation of funds for United States Southern Command development assistance activities.CommentsClose CommentsPermalink
Sec. 943. Authorization of non-conventional assisted recovery capabilities.CommentsClose CommentsPermalink
Sec. 944. Report on homeland defense and civil support issues.CommentsClose CommentsPermalink
Sec. 945. Report on National Guard resource requirements.CommentsClose CommentsPermalink
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.CommentsClose CommentsPermalink
Sec. 1002. One-time shift of military retirement payments.CommentsClose CommentsPermalink
Sec. 1003. Management of purchase cards.CommentsClose CommentsPermalink
Sec. 1004. Codification of recurring authority on United States contributions to the North Atlantic Treaty Organization common-funded budgets.CommentsClose CommentsPermalink
Sec. 1005. Incorporation of funding decisions into law.CommentsClose CommentsPermalink
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas.CommentsClose CommentsPermalink
Sec. 1012. Report on repair of naval vessel in foreign shipyards.CommentsClose CommentsPermalink
Sec. 1013. Report on plan for disposal of certain vessels stricken from the Naval Vessel Register.CommentsClose CommentsPermalink
Sec. 1014. Reimbursement of expenses for certain Navy mess operations.CommentsClose CommentsPermalink
Sec. 1015. Policy relating to major combatant vessels of the strike forces of the United States Navy.CommentsClose CommentsPermalink
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of reporting requirement regarding Department of Defense expenditures to support foreign counter-drug activities.CommentsClose CommentsPermalink
Sec. 1022. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.CommentsClose CommentsPermalink
Sec. 1023. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and continuation of numerical limitation on assignment of United States personnel.CommentsClose CommentsPermalink
Sec. 1024. Expansion and extension of authority to provide additional support for counter-drug activities of certain foreign governments.CommentsClose CommentsPermalink
Sec. 1025. Comprehensive Department of Defense strategy for counter-narcotics efforts for United States Africa Command.CommentsClose CommentsPermalink
Sec. 1026. Comprehensive Department of Defense strategy for counter-narcotics efforts in South and Central Asian regions.CommentsClose CommentsPermalink
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Enhancement of the capacity of the United States Government to conduct complex operations.CommentsClose CommentsPermalink
Sec. 1032. Crediting of admiralty claim receipts for damage to property funded from a Department of Defense working capital fund.CommentsClose CommentsPermalink
Sec. 1033. Minimum annual purchase requirements for charter air transportation services from carriers participating in the Civil Reserve Air Fleet.CommentsClose CommentsPermalink
Sec. 1034. Semi-annual reports on status of Navy Next Generation Enterprise Networks program.CommentsClose CommentsPermalink
Sec. 1035. Sense of Congress on nuclear weapons management.CommentsClose CommentsPermalink
Sec. 1036. Sense of Congress on joint Department of Defense-Federal Aviation Administration executive committee on conflict and dispute resolution.CommentsClose CommentsPermalink
Sec. 1037. Sense of Congress on sale of new outsize cargo, strategic airlift aircraft for civilian use.CommentsClose CommentsPermalink
Subtitle E--Studies and Reports
Sec. 1041. Report on corrosion control and prevention.CommentsClose CommentsPermalink
Sec. 1042. Study on using Modular Airborne Fire Fighting Systems (MAFFS) in a Federal response to wildfires.CommentsClose CommentsPermalink
Sec. 1043. Study on rotorcraft survivability.CommentsClose CommentsPermalink
Sec. 1044. Report on nuclear weapons.CommentsClose CommentsPermalink
Sec. 1045. Report on compliance by Department of Defense with Guam tax and licensing laws.CommentsClose CommentsPermalink
Sec. 1046. Report on detention operations in Iraq.CommentsClose CommentsPermalink
Sec. 1047. Review of bandwidth capacity requirements of the Department of Defense and the intelligence community.CommentsClose CommentsPermalink
Sec. 1048. Review of findings and recommendations applicable to the Department of Defense regarding electromagnetic pulse attack.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 1051. Additional information under annual submissions of information regarding information technology capital assets.CommentsClose CommentsPermalink
Sec. 1052. Submission to Congress of revision to regulation on enemy prisoners of war, retained personnel, civilian internees, and other detainees.CommentsClose CommentsPermalink
Sec. 1053. Barnegat Inlet to Little Egg Inlet, New Jersey.CommentsClose CommentsPermalink
Sec. 1054. Standing advisory panel on improving coordination among the Department of Defense, the Department of State, and the United States Agency for International Development on matters of national security.CommentsClose CommentsPermalink
Sec. 1055. Reports on strategic communication and public diplomacy activities of the Federal Government.CommentsClose CommentsPermalink
Sec. 1056. Prohibitions relating to propaganda.CommentsClose CommentsPermalink
Sec. 1057. Sense of Congress on interrogation of detainees by contractor personnel.CommentsClose CommentsPermalink
Sec. 1058. Sense of Congress with respect to videotaping or otherwise electronically recording strategic intelligence interrogations of persons in the custody of or under the effective control of the Department of Defense.CommentsClose CommentsPermalink
Sec. 1059. Modification of deadlines for standards required for entry to military installations in the United States.CommentsClose CommentsPermalink
Sec. 1060. Extension of certain dates for Congressional Commission on the Strategic Posture of the United States.CommentsClose CommentsPermalink
Sec. 1061. Technical and clerical amendments.CommentsClose CommentsPermalink
Sec. 1062. Notification of Committees on Armed Services with respect to certain nonproliferation and proliferation activities.CommentsClose CommentsPermalink
Sec. 1063. Assessment of security measures at consolidated center for North American Aerospace Defense Command and United States Northern Command.CommentsClose CommentsPermalink
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.CommentsClose CommentsPermalink
Sec. 1102. Temporary discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone.CommentsClose CommentsPermalink
Sec. 1103. Election of insurance coverage by Federal civilian employees deployed in support of a contingency operation.CommentsClose CommentsPermalink
Sec. 1104. Extension of authority to make lump-sum severance payments.CommentsClose CommentsPermalink
Sec. 1105. Extension of voluntary reduction-in-force authority of Department of Defense.CommentsClose CommentsPermalink
Sec. 1106. Enhancement of authorities relating to additional positions under the national security personnel system.CommentsClose CommentsPermalink
Sec. 1107. Expedited hiring authority for health care professionals.CommentsClose CommentsPermalink
Sec. 1108. Direct hire authority at personnel demonstration laboratories for certain candidates.CommentsClose CommentsPermalink
Sec. 1109. Status reports relating to laboratory personnel demonstration projects.CommentsClose CommentsPermalink
Sec. 1110. Technical amendment relating to definition of professional accounting position for purposes of certification and credentialing standards.CommentsClose CommentsPermalink
Sec. 1111. Exceptions and adjustments to limitations on personnel and reports on such exceptions and adjustments.CommentsClose CommentsPermalink
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Extension of authority to build the capacity of the Pakistan Frontier Corps.CommentsClose CommentsPermalink
Sec. 1202. Availability across fiscal years of funds for military-to-military contacts and comparable activities.CommentsClose CommentsPermalink
Sec. 1203. Availability across fiscal years of funds to pay incremental expenses for participation of developing countries in combined exercises.CommentsClose CommentsPermalink
Sec. 1204. Extension of temporary authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability.CommentsClose CommentsPermalink
Sec. 1205. Authority for distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability with the Armed Forces.CommentsClose CommentsPermalink
Sec. 1206. Modification and extension of authorities relating to program to build the capacity of foreign military forces.CommentsClose CommentsPermalink
Sec. 1207. Extension of authority and increased funding for security and stabilization assistance.CommentsClose CommentsPermalink
Sec. 1208. Extension and expansion of authority for support of special operations to combat terrorism.CommentsClose CommentsPermalink
Sec. 1209. Increase in amount available for costs of education and training of foreign military forces under Regional Defense Combating Terrorism Fellowship Program.CommentsClose CommentsPermalink
Subtitle B--Matters Relating to Iraq and Afghanistan
Sec. 1211. Limitation on availability of funds for certain purposes relating to Iraq.CommentsClose CommentsPermalink
Sec. 1212. Report on status of forces agreements between the United States and Iraq.CommentsClose CommentsPermalink
Sec. 1213. Strategy for United States-led Provincial Reconstruction Teams in Iraq.CommentsClose CommentsPermalink
Sec. 1214. Commanders’ Emergency Response Program.CommentsClose CommentsPermalink
Sec. 1215. Performance monitoring system for United States-led Provincial Reconstruction Teams in Afghanistan.CommentsClose CommentsPermalink
Sec. 1216. Report on command and control structure for military forces operating in Afghanistan.CommentsClose CommentsPermalink
Sec. 1217. Reports on enhancing security and stability in the region along the border of Afghanistan and Pakistan.CommentsClose CommentsPermalink
Sec. 1218. Study and report on Police Transition Teams to train, assist, and advise units of the Iraqi Police Service.CommentsClose CommentsPermalink
Subtitle C--Other Matters
Sec. 1231. Payment of personnel expenses for multilateral cooperation programs.CommentsClose CommentsPermalink
Sec. 1232. Participation of the Department of Defense in multinational military centers of excellence.CommentsClose CommentsPermalink
Sec. 1233. Review of security risks of participation by defense contractors in certain space activities of the People’s Republic of China.CommentsClose CommentsPermalink
Sec. 1234. Report on Iran’s capability to produce nuclear weapons.CommentsClose CommentsPermalink
Sec. 1235. Employment for resettled Iraqis.CommentsClose CommentsPermalink
Sec. 1236. Extension and modification of updates on report on claims relating to the bombing of the Labelle Discotheque.CommentsClose CommentsPermalink
Sec. 1237. Report on utilization of certain global partnership authorities.CommentsClose CommentsPermalink
Sec. 1238. Modification and repeal of requirement to submit certain annual reports to Congress regarding allied contributions to the common defense.CommentsClose CommentsPermalink
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.CommentsClose CommentsPermalink
Sec. 1302. Funding allocations.CommentsClose CommentsPermalink
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.CommentsClose CommentsPermalink
Sec. 1402. National Defense Sealift Fund.CommentsClose CommentsPermalink
Sec. 1403. Defense Health Program.CommentsClose CommentsPermalink
Sec. 1404. Chemical agents and munitions destruction, defense.CommentsClose CommentsPermalink
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink
Sec. 1406. Defense Inspector General.CommentsClose CommentsPermalink
Sec. 1407. National Defense Sealift Fund amendments.CommentsClose CommentsPermalink
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.CommentsClose CommentsPermalink
Sec. 1412. Revisions to previously authorized disposals from the National Defense Stockpile.CommentsClose CommentsPermalink
Subtitle C--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home.CommentsClose CommentsPermalink
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Authorization of additional appropriations for operations in Afghanistan and Iraq for fiscal year 2009.CommentsClose CommentsPermalink
Sec. 1502. Requirement for separate display of budgets for Afghanistan and Iraq.CommentsClose CommentsPermalink
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.CommentsClose CommentsPermalink
Sec. 1504. Science and technology investment strategy to defeat or counter improvised explosive devices.CommentsClose CommentsPermalink
Sec. 1505. Limitations on Iraq Security Forces Fund.CommentsClose CommentsPermalink
Sec. 1506. Limitations on Afghanistan Security Forces Fund.CommentsClose CommentsPermalink
Sec. 1507. Special transfer authority.CommentsClose CommentsPermalink
Sec. 1508. Prohibition on use of United States funds for certain facilities projects in Iraq and contributions by the Government of Iraq to combined operations and other activities in Iraq.CommentsClose CommentsPermalink
TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT
Sec. 1601. Short title.CommentsClose CommentsPermalink
Sec. 1602. Findings.CommentsClose CommentsPermalink
Sec. 1603. Definitions.CommentsClose CommentsPermalink
Sec. 1604. Authority to provide assistance for reconstruction and stabilization crises.CommentsClose CommentsPermalink
Sec. 1605. Reconstruction and stabilization.CommentsClose CommentsPermalink
Sec. 1606. Authorities related to personnel.CommentsClose CommentsPermalink
Sec. 1607. Reconstruction and stabilization strategy.CommentsClose CommentsPermalink
Sec. 1608. Annual reports to Congress.CommentsClose CommentsPermalink
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.CommentsClose CommentsPermalink
Sec. 2002. Expiration of authorizations and amounts required to be specified by law.CommentsClose CommentsPermalink
Sec. 2003. Effective date.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
Sec. 2105. Modification of authority to carry out certain fiscal year 2008 projects.CommentsClose CommentsPermalink
Sec. 2106. Modification of authority to carry out certain fiscal year 2007 projects.CommentsClose CommentsPermalink
Sec. 2107. Extension of authorizations of certain fiscal year 2006 projects.CommentsClose CommentsPermalink
Sec. 2108. Extension of authorization of certain fiscal year 2005 project.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.CommentsClose CommentsPermalink
Sec. 2206. Modification of authority to carry out certain fiscal year 2007 projects.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
Sec. 2305. Extension of authorizations of certain fiscal year 2006 projects.CommentsClose CommentsPermalink
Sec. 2306. Extension of authorizations of certain fiscal year 2005 projects.CommentsClose CommentsPermalink
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2402. Energy conservation projects.CommentsClose CommentsPermalink
Sec. 2403. Authorization of appropriations, Defense Agencies.CommentsClose CommentsPermalink
Sec. 2404. Modification of authority to carry out certain fiscal year 2007 project.CommentsClose CommentsPermalink
Sec. 2405. Modification of authority to carry out certain fiscal year 2005 projects.CommentsClose CommentsPermalink
Sec. 2406. Extension of authorization of certain fiscal year 2006 project.CommentsClose CommentsPermalink
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorized chemical demilitarization program construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2412. Authorization of appropriations, chemical demilitarization construction, defense-wide.CommentsClose CommentsPermalink
Sec. 2413. Modification of authority to carry out certain fiscal year 1997 project.CommentsClose CommentsPermalink
Sec. 2414. Modification of authority to carry out certain fiscal year 2000 project.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--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2604. Authorized Air National Guard construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2606. Authorization of appropriations, National Guard and Reserve.CommentsClose CommentsPermalink
Sec. 2607. Modification of authority to carry out certain fiscal year 2008 project.CommentsClose CommentsPermalink
Sec. 2608. Extension of authorizations of certain fiscal year 2006 projects.CommentsClose CommentsPermalink
Sec. 2609. Extension of Authorization of certain fiscal year 2005 project.CommentsClose CommentsPermalink
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Subtitle A--Authorizations
Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990.CommentsClose CommentsPermalink
Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005.CommentsClose CommentsPermalink
Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005.CommentsClose CommentsPermalink
Subtitle B--Amendments to Base Closure and Related Laws
Sec. 2711. Modification of annual base closure and realignment reporting requirements.CommentsClose CommentsPermalink
Sec. 2712. Technical corrections regarding authorized cost and scope of work variations for military construction and military family housing projects related to base closures and realignments.CommentsClose CommentsPermalink
Subtitle C--Other Matters
Sec. 2721. Independent design review of National Naval Medical Center and military hospital at Fort Belvoir.CommentsClose CommentsPermalink
Sec. 2722. Report on use of BRAC properties as sites for refineries or nuclear power plants.CommentsClose CommentsPermalink
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
Sec. 2801. Incorporation of principles of sustainable design in documents submitted as part of proposed military construction projects.CommentsClose CommentsPermalink
Sec. 2802. Revision of maximum lease amount applicable to certain domestic Army family housing leases to reflect previously made annual adjustments in amount.CommentsClose CommentsPermalink
Sec. 2803. Use of military family housing constructed under build and lease authority to house members without dependents.CommentsClose CommentsPermalink
Sec. 2804. Leasing of military family housing to Secretary of Defense.CommentsClose CommentsPermalink
Sec. 2805. Improved oversight and accountability for military housing privatization initiative projects.CommentsClose CommentsPermalink
Sec. 2806. Authority to use operation and maintenance funds for construction projects inside the United States Central Command and United States Africa Command areas of responsibility.CommentsClose CommentsPermalink
Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family Housing LLC.CommentsClose CommentsPermalink
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Clarification of congressional reporting requirements for certain real property transactions.CommentsClose CommentsPermalink
Sec. 2812. Authority to lease non-excess property of military departments and Defense Agencies.CommentsClose CommentsPermalink
Sec. 2813. Modification of utility system conveyance authority.CommentsClose CommentsPermalink
Sec. 2814. Defense access roads.CommentsClose CommentsPermalink
Sec. 2815. Report on application of force protection and anti-terrorism standards to gates and entry points on military installations.CommentsClose CommentsPermalink
Subtitle C--Provisions Related to Guam Realignment
Sec. 2821. Sense of Congress regarding military housing and utilities related to Guam realignment.CommentsClose CommentsPermalink
Sec. 2822. Federal assistance to Guam.CommentsClose CommentsPermalink
Sec. 2823. Eligibility of the Commonwealth of the Northern Mariana Islands for military base reuse studies and community planning assistance.CommentsClose CommentsPermalink
Sec. 2824. Support for realignment of military installations and relocation of military personnel on Guam.CommentsClose CommentsPermalink
Subtitle D--Energy Security
Sec. 2831. Certification of enhanced use leases for energy-related projects.CommentsClose CommentsPermalink
Sec. 2832. Annual report on Department of Defense installations energy management.CommentsClose CommentsPermalink
Subtitle E--Land Conveyances
Sec. 2841. Land conveyance, former Naval Air Station, Alameda, California.CommentsClose CommentsPermalink
Sec. 2842. Transfer of administrative jurisdiction, decommissioned Naval Security Group Activity, Skaggs Island, California.CommentsClose CommentsPermalink
Sec. 2843. Transfer of proceeds from property conveyance, Marine Corps Logistics Base, Albany, Georgia.CommentsClose CommentsPermalink
Sec. 2844. Land conveyance, Sergeant First Class M.L. Downs Army Reserve Center, Springfield, Ohio.CommentsClose CommentsPermalink
Sec. 2845. Land conveyance, John Sevier Range, Knox County, Tennessee.CommentsClose CommentsPermalink
Sec. 2846. Land conveyance, Army property, Camp Williams, Utah.CommentsClose CommentsPermalink
Sec. 2847. Extension of Potomac Heritage National Scenic Trail through Fort Belvoir, Virginia.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to Arlington National Cemetery.CommentsClose CommentsPermalink
Sec. 2852. Acceptance and use of gifts for construction of additional building at National Museum of the United States Air Force, Wright-Patterson Air Force Base.CommentsClose CommentsPermalink
Sec. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval Base, Hawaii.CommentsClose CommentsPermalink
Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania.CommentsClose CommentsPermalink
Sec. 2855. Naming of health facility, Fort Rucker, Alabama.CommentsClose CommentsPermalink
TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS
Subtitle A--Fiscal Year 2008 Projects
Sec. 2901. Authorized Army construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2902. Authorized Navy construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2903. Authorized Air Force construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2904. Authorized Defense Agencies construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2905. Termination of authority to carry out fiscal year 2008 Army projects.CommentsClose CommentsPermalink
Subtitle B--Fiscal Year 2009 Projects
Sec. 2911. Authorized Army construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2912. Authorized Navy construction and land acquisition projects.CommentsClose CommentsPermalink
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.CommentsClose CommentsPermalink
Sec. 3102. Defense environmental cleanup.CommentsClose CommentsPermalink
Sec. 3103. Other defense activities.CommentsClose CommentsPermalink
Sec. 3104. Defense nuclear waste disposal.CommentsClose CommentsPermalink
Sec. 3105. Energy security and assurance.CommentsClose CommentsPermalink
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Modification of functions of Administrator for Nuclear Security to include elimination of surplus fissile materials usable for nuclear weapons.CommentsClose CommentsPermalink
Sec. 3112. Limitation on Funding for Project 04-D-125 Chemistry and Metallurgy Research Replacement facility project, Los Alamos National Laboratory, Los Alamos, New Mexico.CommentsClose CommentsPermalink
Sec. 3113. Nonproliferation and national security scholarship and fellowship program.CommentsClose CommentsPermalink
Sec. 3114. Enhancing nuclear forensics capabilities.CommentsClose CommentsPermalink
Sec. 3115. Utilization of contributions to International Nuclear Materials Protection and Cooperation program and Russian plutonium disposition program.CommentsClose CommentsPermalink
Sec. 3116. Review of and reports on Global Initiatives for Proliferation Prevention program.CommentsClose CommentsPermalink
Sec. 3117. Limitation on availability of funds for Global Nuclear Energy Partnership.CommentsClose CommentsPermalink
Subtitle C--Reports
Sec. 3121. Extension of deadline for Comptroller General report on Department of Energy protective force management.CommentsClose CommentsPermalink
Sec. 3122. Report on compliance with Design Basis Threat issued by the Department of Energy in 2005.CommentsClose CommentsPermalink
Sec. 3123. Modification of submittal of reports on inadvertent releases of restricted data.CommentsClose CommentsPermalink
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.CommentsClose CommentsPermalink
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2009.CommentsClose CommentsPermalink
Sec. 3502. Limitation on export of vessels owned by the Government of the United States for the purpose of dismantling, recycling, or scrapping.CommentsClose CommentsPermalink
Sec. 3503. Student incentive payment agreements.CommentsClose CommentsPermalink
Sec. 3504. Riding gang member requirements.CommentsClose CommentsPermalink
Sec. 3505. Maintenance and Repair Reimbursement Program for the Maritime Security Fleet.CommentsClose CommentsPermalink
Sec. 3506. Temporary program authorizing contracts with adjunct professors at the United States Merchant Marine Academy and for other purposes.CommentsClose CommentsPermalink
Sec. 3507. Actions to address sexual harassment and violence at the United States Merchant Marine Academy.CommentsClose CommentsPermalink
Sec. 3508. Assistance for small shipyards and maritime communities.CommentsClose CommentsPermalink
Sec. 3509. Marine war risk insurance.CommentsClose CommentsPermalink
Sec. 3510. MarAd consultation on Jones Act Waivers.CommentsClose CommentsPermalink
Sec. 3511. Transportation in American vessels of government personnel and certain cargoes.CommentsClose CommentsPermalink
Sec. 3512. Port of Guam Improvement Enterprise Program.CommentsClose CommentsPermalink
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.CommentsClose CommentsPermalink
For purposes of this Act, the term ‘congressional defense committees’ has the meaning given that term in
SEC. 4. EXPLANATORY STATEMENT.CommentsClose CommentsPermalink
The explanatory statement regarding S. 3001, the National Defense Authorization Act for Fiscal Year 2009, as amended by the House of Representatives, printed in the House section of the Congressional Record on or about September 30, 2008, by the Chairman of the Committee on Armed Services of the House, shall have the same effect with respect to the implementation of this Act as if it were a joint explanatory statement of a committee of conference.CommentsClose CommentsPermalink
TITLE I--PROCUREMENTCommentsClose CommentsPermalink
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. National Guard and Reserve equipment.CommentsClose CommentsPermalink
Subtitle B--Army Programs
Sec. 111. Separate procurement line items for Future Combat Systems program.CommentsClose CommentsPermalink
Sec. 112. Clarification of status of Future Combat Systems program lead system integrator.CommentsClose CommentsPermalink
Sec. 113. Restriction on obligation of funds for Army tactical radio pending report.CommentsClose CommentsPermalink
Sec. 114. Restriction on obligation of procurement funds for Armed Reconnaissance Helicopter program pending certification.CommentsClose CommentsPermalink
Sec. 115. Stryker Mobile Gun System.CommentsClose CommentsPermalink
Subtitle C--Navy Programs
Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt.CommentsClose CommentsPermalink
Sec. 122. Littoral Combat Ship (LCS) program.CommentsClose CommentsPermalink
Sec. 123. Report on F/A-18 procurement costs, comparing multiyear to annual.CommentsClose CommentsPermalink
Sec. 124. Authority for advanced procurement and construction of components for the Virginia-class submarine program.CommentsClose CommentsPermalink
Subtitle D--Air Force Programs
Sec. 131. Maintenance of retired KC-135E aircraft.CommentsClose CommentsPermalink
Sec. 132. Repeal of multi-year contract authority for procurement of tanker aircraft.CommentsClose CommentsPermalink
Sec. 133. Reports on KC-(X) tanker aircraft requirements.CommentsClose CommentsPermalink
Sec. 134. F-22A fighter aircraft.CommentsClose CommentsPermalink
Subtitle E--Joint and Multiservice Matters
Sec. 141. Annual long-term plan for the procurement of aircraft for the Navy and the Air Force.CommentsClose CommentsPermalink
Sec. 142. Report on body armor acquisition strategy.CommentsClose CommentsPermalink
Sec. 143. Small arms acquisition strategy and requirements review.CommentsClose CommentsPermalink
Sec. 144. Requirement for common ground stations and payloads for manned and unmanned aerial vehicle systems.CommentsClose CommentsPermalink
Sec. 145. Report on future jet carrier trainer requirements of the Navy.CommentsClose CommentsPermalink
Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink
SEC. 101. ARMY.CommentsClose CommentsPermalink
Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Army as follows:CommentsClose CommentsPermalink
(1) For aircraft, $4,848,835,000.CommentsClose CommentsPermalink
(2) For missiles, $2,207,460,000.CommentsClose CommentsPermalink
(3) For weapons and tracked combat vehicles, $3,516,398,000.CommentsClose CommentsPermalink
(4) For ammunition, $2,280,791,000.CommentsClose CommentsPermalink
(5) For other procurement, $11,143,076,000.CommentsClose CommentsPermalink
(6) For the Joint Improvised Explosive Device Defeat Fund, $200,000,000.CommentsClose CommentsPermalink
SEC. 102. NAVY AND MARINE CORPS.CommentsClose CommentsPermalink
(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, $14,557,874,000.CommentsClose CommentsPermalink
(2) For weapons, including missiles and torpedoes, $3,553,282,000.CommentsClose CommentsPermalink
(3) For shipbuilding and conversion, $14,057,022,000.CommentsClose CommentsPermalink
(4) For other procurement, $5,463,565,000.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 $1,486,189,000.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 the Marine Corps in the amount of $1,110,012,000.CommentsClose CommentsPermalink
SEC. 103. AIR FORCE.CommentsClose CommentsPermalink
Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Air Force as follows:CommentsClose CommentsPermalink
(1) For aircraft, $12,826,858,000.CommentsClose CommentsPermalink
(2) For ammunition, $894,478,000.CommentsClose CommentsPermalink
(3) For missiles, $5,553,528,000.CommentsClose CommentsPermalink
(4) For other procurement, $16,087,887,000.CommentsClose CommentsPermalink
SEC. 104. DEFENSE-WIDE ACTIVITIES.CommentsClose CommentsPermalink
Funds are hereby authorized to be appropriated for fiscal year 2009 for Defense-wide procurement in the amount of $3,382,628,000.CommentsClose CommentsPermalink
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.CommentsClose CommentsPermalink
Funds are hereby authorized to be appropriated for fiscal year 2009 for the procurement of aircraft, missiles, wheeled and tracked combat vehicles, tactical wheeled vehicles, ammunition, other weapons, and other procurement for the reserve components of the Armed Forces in the amount of $800,000,000.CommentsClose CommentsPermalink
Subtitle B--Army ProgramsCommentsClose CommentsPermalink
SEC. 111. SEPARATE PROCUREMENT LINE ITEMS FOR FUTURE COMBAT SYSTEMS PROGRAM.CommentsClose CommentsPermalink
Effective for the budget of the President submitted to Congress under
(1) FCS Manned Ground Vehicles.CommentsClose CommentsPermalink
(2) FCS Unmanned Ground Vehicles.CommentsClose CommentsPermalink
(3) FCS Unmanned Aerial Systems.CommentsClose CommentsPermalink
(4) FCS Unattended Ground Systems.CommentsClose CommentsPermalink
(5) Other FCS elements.CommentsClose CommentsPermalink
SEC. 112. CLARIFICATION OF STATUS OF FUTURE COMBAT SYSTEMS PROGRAM LEAD SYSTEM INTEGRATOR.CommentsClose CommentsPermalink
Section 802 of the National Defense Authorization Act for Fiscal Year 2008 (
‘(e) Status of Future Combat Systems Program Lead System Integrator-CommentsClose CommentsPermalink
‘(1) LEAD SYSTEMS INTEGRATOR- In the case of the Future Combat Systems program, the prime contractor of the program shall be considered to be a lead systems integrator until 45 days after the Secretary of the Army certifies in writing to the congressional defense committees that such contractor is no longer serving as the lead systems integrator.CommentsClose CommentsPermalink
‘(2) NEW CONTRACTS- In applying subsection (a)(1) or (a)(2), any modification to the existing contract for the Future Combat Systems program, for the purpose of entering into full-rate production of major systems or subsystems, shall be considered a new contract.’.CommentsClose CommentsPermalink
SEC. 113. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY TACTICAL RADIO PENDING REPORT.CommentsClose CommentsPermalink
(a) Report Required- Not later than March 30, 2009, the Assistant Secretary of Defense for Networks and Information Integration shall submit to the congressional defense committees a report on Army tactical radio fielding plans. The report shall include the following:CommentsClose CommentsPermalink
(1) A description of the Army tactical radio fielding strategy, including a description of the overall combination of various tactical radio systems and how they integrate to provide communications and network capability.CommentsClose CommentsPermalink
(2) A detailed description of the combination of various tactical radio systems in use or planned for use for Army infantry brigade combat teams, heavy brigade combat teams, Stryker brigade combat teams, and Future Combat Systems brigade combat teams.CommentsClose CommentsPermalink
(3) A description of the combination of various tactical radio systems in use or planned for use for Army support brigades, headquarters elements, and training units.CommentsClose CommentsPermalink
(4) A description of the plan by the Army to integrate joint tactical radio systems, including the number of each type of joint tactical radio the Army plans to procure.CommentsClose CommentsPermalink
(5) An assessment of the total cost of the tactical radio fielding strategy of the Army, including procurement of joint tactical radio systems.CommentsClose CommentsPermalink
(b) Restriction on Obligation of Funds Pending Report- Of the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for fiscal year 2009 for other procurement, Army, for tactical radio systems, not more than 75 percent may be obligated or expended until 30 days after the report required by subsection (a) is received by the congressional defense committees.CommentsClose CommentsPermalink
SEC. 114. RESTRICTION ON OBLIGATION OF PROCUREMENT FUNDS FOR ARMED RECONNAISSANCE HELICOPTER PROGRAM PENDING CERTIFICATION.CommentsClose CommentsPermalink
(a) Certification Required- The Under Secretary of Defense for Acquisition, Technology, and Logistics shall certify to the congressional defense committees that the Armed Reconnaissance Helicopter has--CommentsClose CommentsPermalink
(1) satisfactorily been certified under
(2) been restructured as an acquisition program by the Army;CommentsClose CommentsPermalink
(3) satisfactorily completed a Limited User Test; andCommentsClose CommentsPermalink
(4) been approved to enter Milestone C.CommentsClose CommentsPermalink
(b) Restriction on Obligation of Funds Pending Certification- Of the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for fiscal year 2009 for aircraft procurement, Army, for the Armed Reconnaissance Helicopter, not more than 20 percent may be obligated until 30 days after the certification required by subsection (a) is received by the congressional defense committees.CommentsClose CommentsPermalink
SEC. 115. STRYKER MOBILE GUN SYSTEM.CommentsClose CommentsPermalink
(a) Limitation On Availability Of Funds- None of the amounts authorized to be appropriated by this Act for procurement of weapons and tracked combat vehicles for the Army may be obligated or expended for purposes of the procurement of the Stryker Mobile Gun System until the Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the congressional defense committees a written certification that the Under Secretary has approved a plan for the Army to mitigate all Stryker Mobile Gun System deficiencies.CommentsClose CommentsPermalink
(b) Reports Required- Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter until December 31, 2011, the Secretary of the Army, in consultation with the Director of Operational Test and Evaluation, shall submit to the congressional defense committees a report on the status of actions by the Army to mitigate all Stryker Mobile Gun System deficiencies. Each report shall include the following:CommentsClose CommentsPermalink
(1) An explanation of the plan by the Army to mitigate all Stryker Mobile Gun System deficiencies.CommentsClose CommentsPermalink
(2) The cost estimate for implementing each mitigating action, and the status of funding for each mitigating action.CommentsClose CommentsPermalink
(3) An inventory of the Stryker Mobile Gun System vehicle fleet that specifies which mitigating actions have been implemented.CommentsClose CommentsPermalink
(4) An updated production and fielding schedule for Stryker Mobile Gun System vehicles required by the Army but not yet fielded as of the date of the report.CommentsClose CommentsPermalink
(c) Waiver Authority- The Secretary of Defense may waive the limitation in subsection (a) if the Secretary--CommentsClose CommentsPermalink
(1) determines that continued procurement of Stryker Mobile Gun System vehicles will provide a vital combat capability to the Armed Forces; andCommentsClose CommentsPermalink
(2) submits to the congressional defense committees written notification of the waiver and a discussion of the reasons for the determination made under paragraph (1).CommentsClose CommentsPermalink
(d) Stryker Mobile Gun System Deficiencies Defined- In this section, the term ‘Stryker Mobile Gun System deficiencies’ means deficiencies of the Stryker Mobile Gun System specified in the memorandum by the Department of Defense titled ‘Stryker Mobile Gun System (MGS) Acquisition Decision Memorandum’ and dated August 5, 2008.CommentsClose CommentsPermalink
Subtitle C--Navy ProgramsCommentsClose CommentsPermalink
SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. THEODORE ROOSEVELT.CommentsClose CommentsPermalink
(a) Amount Authorized From SCN Account- Of the amount appropriated pursuant to the authorization of appropriations in section 102 or otherwise made available for shipbuilding, conversion, and repair, Navy, for fiscal year 2009, $124,500,000 is available for the commencement of the nuclear refueling and complex overhaul of the U.S.S. Theodore Roosevelt (CVN-71) during fiscal year 2009. The amount made available in the preceding sentence is the first increment in the three-year funding planned for the nuclear refueling and complex overhaul of that vessel.CommentsClose CommentsPermalink
(b) Contract Authority- The Secretary of the Navy is authorized to enter into a contract during fiscal year 2009 for the nuclear refueling and overhaul of the U.S.S. Theodore Roosevelt (CVN-71).CommentsClose CommentsPermalink
(c) Condition for Out-Year Contract Payments- A contract entered into under subsection (b) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2009 is subject to the availability of appropriations for that purpose for that later fiscal year.CommentsClose CommentsPermalink
SEC. 122. LITTORAL COMBAT SHIP (LCS) PROGRAM.CommentsClose CommentsPermalink
Section 124 of the National Defense Authorization Act for fiscal Year 2006 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘post-2007 LCS vessels’ and inserting ‘post-2009 LCS vessels’; andCommentsClose CommentsPermalink
(B) in paragraph (3)--CommentsClose CommentsPermalink
(i) in the paragraph heading, by striking ‘POST-2007 LCS VESSELS’ and inserting ‘POST-2009 LCS VESSELS’; andCommentsClose CommentsPermalink
(ii) by striking ‘post-2007 LCS vessel’ and inserting ‘post-2009 LCS vessel’;CommentsClose CommentsPermalink
(2) in subsection (b), by striking ‘post-2007 LCS vessels’ and inserting ‘post-2009 LCS vessels’; andCommentsClose CommentsPermalink
(3) in subsection (c), by striking ‘post-2007 LCS vessels’ and inserting ‘post-2009 LCS vessels’.CommentsClose CommentsPermalink
SEC. 123. REPORT ON F/A-18 PROCUREMENT COSTS, COMPARING MULTIYEAR TO ANNUAL.CommentsClose CommentsPermalink
(a) In General- Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on F/A-18 procurement. The report shall include the following:CommentsClose CommentsPermalink
(1) The number of F/A-18E/F and EA-18G aircraft programmed for procurement for fiscal years 2010 through 2015.CommentsClose CommentsPermalink
(2) The estimated procurement costs for those aircraft, if procured through annual procurement contracts.CommentsClose CommentsPermalink
(3) The estimated procurement costs for those aircraft, if procured through a multiyear procurement contract.CommentsClose CommentsPermalink
(4) The estimated savings that could be derived from the procurement of those aircraft through a multiyear procurement contract, and whether the Secretary considers the amount of those savings to be substantial.CommentsClose CommentsPermalink
(5) A discussion comparing the costs and benefits of obtaining those aircraft through annual procurement contracts with the costs and benefits of obtaining those aircraft through a multiyear procurement contract.CommentsClose CommentsPermalink
(6) The recommendations of the Secretary regarding whether Congress should authorize a multiyear procurement contract for those aircraft.CommentsClose CommentsPermalink
(b) Certifications Required- If the Secretary recommends under subsection (a)(6) that Congress authorize a multiyear procurement contract for the aircraft, the Secretary shall include in the report under subsection (a) the certifications required by
SEC. 124. AUTHORITY FOR ADVANCED PROCUREMENT AND CONSTRUCTION OF COMPONENTS FOR THE VIRGINIA-CLASS SUBMARINE PROGRAM.CommentsClose CommentsPermalink
Section 121 of the National Defense Authorization Act for Fiscal Year 2008 (
(1) by redesignating subsection (b) as subsection (c); andCommentsClose CommentsPermalink
(2) by inserting after subsection (a) the following new subsection (b):CommentsClose CommentsPermalink
‘(b) Advance Procurement and Construction of Components- The Secretary may enter into one or more contracts for advance procurement and advance construction of those components for the Virginia-class submarine program for which authorization to enter into a multiyear procurement contract is granted under subsection (a) if the Secretary determines that cost savings or construction efficiencies may be achieved for Virginia-class submarines through the use of such contracts.’.CommentsClose CommentsPermalink
Subtitle D--Air Force ProgramsCommentsClose CommentsPermalink
SEC. 131. MAINTENANCE OF RETIRED KC-135E AIRCRAFT.CommentsClose CommentsPermalink
Section 135(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
SEC. 132. REPEAL OF MULTI-YEAR CONTRACT AUTHORITY FOR PROCUREMENT OF TANKER AIRCRAFT.CommentsClose CommentsPermalink
Section 135 of the National Defense Authorization Act for Fiscal Year 2004 (
SEC. 133. REPORTS ON KC-(X) TANKER AIRCRAFT REQUIREMENTS.CommentsClose CommentsPermalink
(a) Report Required- Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report regarding the competition for the KC-(X) tanker aircraft that was terminated on September 10, 2008. The report shall include the following:CommentsClose CommentsPermalink
(1) An examination of original requirements for the KC-(X) tanker aircraft, including an explanation for the use of the KC-135R tanker aircraft as the baseline for the KC-(X) tanker aircraft.CommentsClose CommentsPermalink
(2) A summary of commercial derivative or commercial off-the-shelf aircraft available as potential aerial refueling platforms using aerial refueling capabilities (such as range, offload at range, and passenger and cargo capacity) in each of the following ranges:CommentsClose CommentsPermalink
(A) Maximum gross take-off weight that is less than 300,000 pounds.CommentsClose CommentsPermalink
(B) Maximum gross take-off weight in the range from 301,000 pounds maximum gross take-off weight to 550,000 pound maximum gross take-off weight.CommentsClose CommentsPermalink
(C) Maximum gross take-off weight in the range from 551,000 pounds maximum gross take-off weight to 1,000,000 pound maximum gross take-off weight.CommentsClose CommentsPermalink
(D) Maximum gross take-off weight that is greater than 1,000,000 pounds.CommentsClose CommentsPermalink
(b) Reassessment Required- The Secretary of Defense shall reassess the requirements for aerial refueling that were validated by the Joint Requirements Oversight Council on December 27, 2006. Not later than 30 days after the reassessment, the Secretary shall submit to the congressional defense committees a report containing the complete results of the reassessment.CommentsClose CommentsPermalink
SEC. 134. F-22A FIGHTER AIRCRAFT.CommentsClose CommentsPermalink
(a) Availability of Funds- Subject to subsection (b), of the amount authorized to be appropriated for procurement of aircraft for the Air Force, $523,000,000 shall be available for advance procurement of F-22A fighter aircraft.CommentsClose CommentsPermalink
(b) Restriction on Obligation of Funds Pending Certification- Of the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for fiscal year 2009 for advance procurement, Air Force, for the F-22A, not more than $140,000,000 may be obligated until 15 days after the certification required by subsection (c) is received by the congressional defense committees.CommentsClose CommentsPermalink
(c) Certification-CommentsClose CommentsPermalink
(1) IN GENERAL- Of the amount referred to in subsection (a), $383,000,000 shall not be available until the President certifies to the congressional defense committees that--CommentsClose CommentsPermalink
(A) the procurement of F-22A fighter aircraft is in the national interest of the United States; orCommentsClose CommentsPermalink
(B) the termination of the production line for F-22A fighter aircraft is in the national interest of the United States.CommentsClose CommentsPermalink
(2) DATE OF SUBMITTAL- Any certification submitted under this subsection may not be submitted before January 21, 2009, and must be submitted not later than March 1, 2009.CommentsClose CommentsPermalink
Subtitle E--Joint and Multiservice MattersCommentsClose CommentsPermalink
SEC. 141. ANNUAL LONG-TERM PLAN FOR THE PROCUREMENT OF AIRCRAFT FOR THE NAVY AND THE AIR FORCE.CommentsClose CommentsPermalink
(a) In General- Chapter 9 of title 10, United States Code, is amended by inserting after section 231 the following new section:CommentsClose CommentsPermalink
-‘Sec. 231a. Budgeting for procurement of aircraft for the Navy and Air Force: annual plan and certificationCommentsClose CommentsPermalink
‘(a) Annual Aircraft Procurement Plan and Certification- The Secretary of Defense shall include with the defense budget materials for each fiscal year--CommentsClose CommentsPermalink
‘(1) a plan for the procurement of the aircraft specified in subsection (b) for the Department of the Navy and the Department of the Air Force developed in accordance with this section; andCommentsClose CommentsPermalink
‘(2) a certification by the Secretary that both the budget for such fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 221 of this title provide for funding of the procurement of aircraft at a level that is sufficient for the procurement of the aircraft provided for in the plan under paragraph (1) on the schedule provided in the plan.CommentsClose CommentsPermalink
‘(b) Covered Aircraft- The aircraft specified in this subsection are the aircraft as follows:CommentsClose CommentsPermalink
‘(1) Fighter aircraft.CommentsClose CommentsPermalink
‘(2) Attack aircraft.CommentsClose CommentsPermalink
‘(3) Bomber aircraft.CommentsClose CommentsPermalink
‘(4) Strategic lift aircraft.CommentsClose CommentsPermalink
‘(5) Intratheater lift aircraft.CommentsClose CommentsPermalink
‘(6) Intelligence, surveillance, and reconnaissance aircraft.CommentsClose CommentsPermalink
‘(7) Tanker aircraft.CommentsClose CommentsPermalink
‘(8) Any other major support aircraft designated by the Secretary of Defense for purposes of this section.CommentsClose CommentsPermalink
‘(c) Annual Aircraft Procurement Plan- (1) The annual aircraft procurement plan developed for a fiscal year for purposes of subsection (a)(1) should be designed so that the aviation force provided for under the plan is capable of supporting the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (
), except that, if at the time the plan is submitted with the defense budget materials for that fiscal year, a national security strategy report required under such section 108 has not been submitted to Congress as required by paragraph (2) or paragraph (3), if applicable, of subsection (a) of such section, then the plan should be designed so that the aviation force provided for under the plan is capable of supporting the aviation force structure recommended in the report of the most recent Quadrennial Defense Review.CommentsClose CommentsPermalink 50 U.S.C. 404a ‘(2) Each annual aircraft procurement plan shall include the following:CommentsClose CommentsPermalink
‘(A) A detailed program for the procurement of the aircraft specified in subsection (b) for each of the Department of the Navy and the Department of the Air Force over the next 30 fiscal years.CommentsClose CommentsPermalink
‘(B) A description of the necessary aviation force structure to meet the requirements of the national security strategy of the United States or the most recent Quadrennial Defense Review, whichever is applicable under paragraph (1).CommentsClose CommentsPermalink
‘(C) The estimated levels of annual funding necessary to carry out the program, together with a discussion of the procurement strategies on which such estimated levels of annual funding are based.CommentsClose CommentsPermalink
‘(D) An assessment by the Secretary of Defense of the extent to which the combined aircraft forces of the Department of the Navy and the Department of the Air Force meet the national security requirements of the United States.CommentsClose CommentsPermalink
‘(d) Assessment When Aircraft Procurement Budget Is Insufficient To Meet Applicable Requirements- If the budget for a fiscal year provides for funding of the procurement of aircraft for either the Department of the Navy or the Department of the Air Force at a level that is not sufficient to sustain the aviation force structure specified in the aircraft procurement plan for such Department for that fiscal year under subsection (a), the Secretary shall include with the defense budget materials for that fiscal year an assessment that describes and discusses the risks associated with the reduced force structure of aircraft that will result from funding aircraft procurement at such level. Such assessment shall be coordinated in advance with the commanders of the combatant commands.CommentsClose CommentsPermalink
‘(e) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) The term ‘budget’, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.CommentsClose CommentsPermalink
‘(2) The term ‘defense budget materials’, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.CommentsClose CommentsPermalink
‘(3) The term ‘Quadrennial Defense Review’ means the review of the defense programs and policies of the United States that is carried out every 4 years under section 118 of this title.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 231 the following new item:CommentsClose CommentsPermalink
‘231a. Budgeting for procurement of aircraft for the Navy and Air Force: annual plan and certification.’.CommentsClose CommentsPermalink
SEC. 142. REPORT ON BODY ARMOR ACQUISITION STRATEGY.CommentsClose CommentsPermalink
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that provides--CommentsClose CommentsPermalink
(1) a survey and assessment of the capabilities, capacities, and risks of the domestic industrial base of the United States, including critical subcontractor suppliers, in meeting the requirements of the military departments for body armor during the 20 years following the date of the report;CommentsClose CommentsPermalink
(2) an assessment of the long-term maintenance requirements of the body armor industrial base in the United States;CommentsClose CommentsPermalink
(3) an assessment of body armor and related research, development, and acquisition objectives, priorities, and funding profiles for--CommentsClose CommentsPermalink
(A) advances in the level of protection;CommentsClose CommentsPermalink
(B) weight reduction; andCommentsClose CommentsPermalink
(C) manufacturing productivity;CommentsClose CommentsPermalink
(4) an assessment of the feasibility and advisability of establishing a separate, dedicated procurement line item for the acquisition of body armor and associated components for fiscal year 2011 and for each fiscal year thereafter;CommentsClose CommentsPermalink
(5) an assessment of the feasibility and advisability of establishing an executive agent for the acquisition of body armor and associated components for the military departments beginning in fiscal year 2011; andCommentsClose CommentsPermalink
(6) an assessment of existing initiatives used by the military departments to manage or execute body armor programs, including the Cross-Service Warfighter Equipment Board, the Joint Clothing and Textiles Governance Board, and advanced planning briefings for industry.CommentsClose CommentsPermalink
SEC. 143. SMALL ARMS ACQUISITION STRATEGY AND REQUIREMENTS REVIEW.CommentsClose CommentsPermalink
(a) Secretary of Defense Report- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the small arms requirements of the Armed Forces and the industrial base of the United States. The report shall include the following:CommentsClose CommentsPermalink
(1) An assessment of Department of Defense-wide small arms requirements in terms of capabilities and quantities, based on an analysis of the small arms capability assessments of each military department.CommentsClose CommentsPermalink
(2) An assessment of plans for small arms research, development, and acquisition programs to meet the requirements identified under paragraph (1).CommentsClose CommentsPermalink
(3) An assessment of capabilities, capacities, and risks in the small arms industrial base of the United States to meet the requirements of the Department of Defense for pistols, carbines, rifles, and light, medium, and heavy machine guns during the 20 years following the date of the report.CommentsClose CommentsPermalink
(4) An assessment of the costs, benefits, and risks of full and open competition for the procurement of non-developmental pistols and carbines that are not technically compatible with the M9 pistol or M4 carbine to meet the requirements identified under paragraph (1).CommentsClose CommentsPermalink
(b) Competition for a New Individual Weapon-CommentsClose CommentsPermalink
(1) COMPETITION REQUIRED- If the small arms capabilities based assessments by the Army identifies gaps in small arms capabilities and the Secretary of the Army determines that a new individual weapon is required to address such gaps, the Secretary shall procure the new individual weapon using full and open competition as described in paragraph (2).CommentsClose CommentsPermalink
(2) FULL AND OPEN COMPETITION- The full and open competition described in this paragraph is competition among all responsible manufacturers that--CommentsClose CommentsPermalink
(A) is open to all developmental item solutions and non-developmental item solutions; andCommentsClose CommentsPermalink
(B) provides for the award of a contract based on selection criteria that reflect the key performance parameters and attributes identified in a service requirements document approved by the Army.CommentsClose CommentsPermalink
(c) Small Arms Defined- In this section, the term ‘small arms’--CommentsClose CommentsPermalink
(1) means man-portable or vehicle-mounted light weapons, designed primarily for use by individual military personnel for anti-personnel use; andCommentsClose CommentsPermalink
(2) includes pistols, carbines, rifles, and light, medium, and heavy machine guns.CommentsClose CommentsPermalink
SEC. 144. REQUIREMENT FOR COMMON GROUND STATIONS AND PAYLOADS FOR MANNED AND UNMANNED AERIAL VEHICLE SYSTEMS.CommentsClose CommentsPermalink
(a) Policy and Acquisition Strategy Required- The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall establish a policy and an acquisition strategy for intelligence, surveillance, and reconnaissance payloads and ground stations for manned and unmanned aerial vehicle systems. The policy and acquisition strategy shall be applicable throughout the Department of Defense and shall achieve integrated research, development, test, and evaluation, and procurement commonality.CommentsClose CommentsPermalink
(b) Objectives- The policy and acquisition strategy required by subsection (a) shall have the following objectives:CommentsClose CommentsPermalink
(1) Procurement of common payloads by vehicle class, including--CommentsClose CommentsPermalink
(A) signals intelligence;CommentsClose CommentsPermalink
(B) electro optical;CommentsClose CommentsPermalink
(C) synthetic aperture radar;CommentsClose CommentsPermalink
(D) ground moving target indicator;CommentsClose CommentsPermalink
(E) conventional explosive detection;CommentsClose CommentsPermalink
(F) foliage penetrating radar;CommentsClose CommentsPermalink
(G) laser designator;CommentsClose CommentsPermalink
(H) chemical, biological, radiological, nuclear, explosive detection; andCommentsClose CommentsPermalink
(I) national airspace operations avionics or sensors, or both.CommentsClose CommentsPermalink
(2) Commonality of ground system architecture by vehicle class.CommentsClose CommentsPermalink
(3) Common management of vehicle and payloads procurement.CommentsClose CommentsPermalink
(4) Ground station interoperability standardization.CommentsClose CommentsPermalink
(5) Maximum use of commercial standard hardware and interfaces.CommentsClose CommentsPermalink
(6) Open architecture software.CommentsClose CommentsPermalink
(7) Acquisition of technical data rights in accordance with
(8) Acquisition of vehicles, payloads, and ground stations through competitive procurement.CommentsClose CommentsPermalink
(9) Common standards for exchange of data and metadata.CommentsClose CommentsPermalink
(c) Affected Systems- For the purposes of this section, the Secretary shall establish manned and unmanned aerial vehicle classes for all intelligence, surveillance, and reconnaissance programs of record based on factors such as vehicle weight, payload capacity, and mission.CommentsClose CommentsPermalink
(d) Report- Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report containing--CommentsClose CommentsPermalink
(1) the policy required by subsection (a); andCommentsClose CommentsPermalink
(2) the acquisition strategy required by subsection (a).CommentsClose CommentsPermalink
SEC. 145. REPORT ON FUTURE JET CARRIER TRAINER REQUIREMENTS OF THE NAVY.CommentsClose CommentsPermalink
Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on future jet carrier trainer requirements. In addressing such requirements, the report shall include a plan based on the following:CommentsClose CommentsPermalink
(1) Studies conducted by independent organizations concerning future jet carrier trainer requirements.CommentsClose CommentsPermalink
(2) The results of a cost-benefit analysis comparing the creation of a new jet carrier trainer program with the modification of the current jet carrier trainer program in order to fulfill future jet carrier trainer requirements.CommentsClose CommentsPermalink
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATIONCommentsClose CommentsPermalink
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 202. Amount for defense science and technology.CommentsClose CommentsPermalink
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Additional determinations to be made as part of Future Combat Systems milestone review.CommentsClose CommentsPermalink
Sec. 212. Analysis of Future Combat Systems communications network and software.CommentsClose CommentsPermalink
Sec. 213. Future Combat Systems manned ground vehicle Selected Acquisition Reports.CommentsClose CommentsPermalink
Sec. 214. Separate procurement and research, development, test, and evaluation line items and program elements for Sky Warrior Unmanned Aerial Systems project.CommentsClose CommentsPermalink
Sec. 215. Restriction on obligation of funds for the Warfighter Information Network-Tactical program.CommentsClose CommentsPermalink
Sec. 216. Limitation on source of funds for certain Joint Cargo Aircraft expenditures.CommentsClose CommentsPermalink
Sec. 217. Requirement for plan on overhead nonimaging infrared systems.CommentsClose CommentsPermalink
Sec. 218. Advanced energy storage technology and manufacturing.CommentsClose CommentsPermalink
Sec. 219. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.CommentsClose CommentsPermalink
Sec. 220. Requirements for certain airborne intelligence collection systems.CommentsClose CommentsPermalink
Sec. 221. Limitation on obligation of funds for Enhanced AN/TPQ-36 radar system pending submission of report.CommentsClose CommentsPermalink
Subtitle C--Missile Defense Programs
Sec. 231. Annual Director of Operational Test and Evaluation characterization of operational effectiveness, suitability, and survivability of the ballistic missile defense system.CommentsClose CommentsPermalink
Sec. 232. Independent study of boost-phase missile defense.CommentsClose CommentsPermalink
Sec. 233. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe.CommentsClose CommentsPermalink
Sec. 234. Review of the ballistic missile defense policy and strategy of the United States.CommentsClose CommentsPermalink
Sec. 235. Airborne Laser System.CommentsClose CommentsPermalink
Sec. 236. Activation and deployment of AN/TPY-2 forward-based X-band radar.CommentsClose CommentsPermalink
Subtitle D--Reports
Sec. 241. Biennial reports on joint and service concept development and experimentation.CommentsClose CommentsPermalink
Sec. 242. Report on participation of the historically black colleges and universities and minority-serving institutions in research and educational programs and activities of the Department of Defense.CommentsClose CommentsPermalink
Sec. 243. Report on Department of Defense response to findings and recommendations of the Defense Science Board Task Force on Directed Energy Weapons.CommentsClose CommentsPermalink
Subtitle E--Other Matters
Sec. 251. Modification of systems subject to survivability testing oversight by the Director of Operational Test and evaluation.CommentsClose CommentsPermalink
Sec. 252. Technology-neutral information technology guidelines and standards to support fully interoperable electronic personal health information for the Department of Defense and Department of Veterans Affairs.CommentsClose CommentsPermalink
Sec. 253. Assessment of technology transition programs and repeal of reporting requirement.CommentsClose CommentsPermalink
Sec. 254. Trusted defense systems.CommentsClose CommentsPermalink
Sec. 255. Capabilities-based assessment to outline a joint approach for future development of vertical lift aircraft and rotorcraft.CommentsClose CommentsPermalink
Sec. 256. Executive agent for printed circuit board technology.CommentsClose CommentsPermalink
Sec. 257. Review of conventional prompt global strike technology applications and concepts.CommentsClose CommentsPermalink
Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.CommentsClose CommentsPermalink
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, $11,045,052,000.CommentsClose CommentsPermalink
(2) For the Navy, $19,345,603,000.CommentsClose CommentsPermalink
(3) For the Air Force, $26,289,508,000.CommentsClose CommentsPermalink
(4) For Defense-wide activities, $21,131,501,000, of which $188,772,000 is authorized for the Director of Operational Test and Evaluation.CommentsClose CommentsPermalink
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.CommentsClose CommentsPermalink
(a) Fiscal Year 2009- Of the amounts authorized to be appropriated by section 201, $11,799,660 shall be available for the Defense Science and Technology Program, including basic research, applied research, and advanced technology development projects.CommentsClose CommentsPermalink
(b) Basic Research, Applied Research, and Advanced Technology Development Defined- For purposes of this section, the term ‘basic research, applied research, and advanced technology development’ means work funded in programs elements for defense research and development under Department of Defense budget activity 1, 2, or 3.CommentsClose CommentsPermalink
Subtitle B--Program Requirements, Restrictions, and LimitationsCommentsClose CommentsPermalink
SEC. 211. ADDITIONAL DETERMINATIONS TO BE MADE AS PART OF FUTURE COMBAT SYSTEMS MILESTONE REVIEW.CommentsClose CommentsPermalink
Section 214(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
‘(4) Whether actual demonstrations, rather than simulations, have shown that the software for the program is on a path to achieve threshold requirements on cost and schedule.CommentsClose CommentsPermalink
‘(5) Whether the program’s planned major communications network demonstrations are sufficiently complex and realistic to inform major program decision points.CommentsClose CommentsPermalink
‘(6) The extent to which Future Combat Systems manned ground vehicle survivability is likely to be reduced in a degraded Future Combat Systems communications network environment.CommentsClose CommentsPermalink
‘(7) The level of network degradation at which Future Combat Systems manned ground vehicle crew survivability is significantly reduced.CommentsClose CommentsPermalink
‘(8) The extent to which the Future Combat Systems communications network is capable of withstanding network attack, jamming, or other interference.CommentsClose CommentsPermalink
‘(9) What the cost estimate for the program is, including all spin outs, and an assessment of the confidence level for that estimate.CommentsClose CommentsPermalink
‘(10) What the affordability assessment for the program is, given projected Army budgets, based on the cost estimate referred to in paragraph (9).’.CommentsClose CommentsPermalink
SEC. 212. ANALYSIS OF FUTURE COMBAT SYSTEMS COMMUNICATIONS NETWORK AND SOFTWARE.CommentsClose CommentsPermalink
(a) Report Required- Not later than September 30, 2009, the Assistant Secretary of Defense for Networks and Information Integration shall submit to the congressional defense committees a report on the Future Combat Systems communications network and software. The report shall include the following:CommentsClose CommentsPermalink
(1) An assessment of the vulnerability of the Future Combat Systems communications network and software to enemy network attack, in particular the effect of the use of significant amounts of commercial software in Future Combat Systems software.CommentsClose CommentsPermalink
(2) An assessment of the vulnerability of the Future Combat Systems communications network to electronic warfare, jamming, and other potential enemy interference.CommentsClose CommentsPermalink
(3) An assessment of the vulnerability of the Future Combat Systems communications network to adverse weather and complex terrain.CommentsClose CommentsPermalink
(4) An assessment of the Future Combat Systems communication network’s dependence on satellite communications support, and an assessment of the network’s performance in the absence of assumed levels of satellite communications support.CommentsClose CommentsPermalink
(5) An assessment of the performance of the Future Combat Systems communications network when operating in a degraded condition due to the factors analyzed in paragraphs (1), (2), (3), and (4), and how such a degraded network environment would affect the performance of Future Combat Systems brigades and the survivability of Future Combat Systems manned ground vehicles.CommentsClose CommentsPermalink
(6) An assessment, developed in coordination with the Director of Operational Test and Evaluation, of the adequacy of the Future Combat Systems communications network testing schedule.CommentsClose CommentsPermalink
(7) An assessment, developed in coordination with the Director of Operational Test and Evaluation, of the synchronization of the funding, schedule, and technology maturity of the Warfighter Information Network-Tactical and Joint Tactical Radio System programs in relation to the Future Combat Systems program, including any planned Future Combat Systems spin outs.CommentsClose CommentsPermalink
(b) Form- The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
SEC. 213. FUTURE COMBAT SYSTEMS MANNED GROUND VEHICLE SELECTED ACQUISITION REPORTS.CommentsClose CommentsPermalink
(a) Report Required- Not later than February 15 of each of the years 2009 through 2015, the Secretary of the Army shall submit a Selected Acquisition Report under
(b) Required Elements- Each report required by subsection (a) shall include the same information required in comprehensive annual Selected Acquisition Reports under
(c) Definition- In this section, the term ‘manned ground vehicle variant’ means--CommentsClose CommentsPermalink
(1) the eight distinct variants of manned ground vehicles designated on pages seven and eight of the Future Combat Systems Selected Acquisition Report of the Department of Defense dated December 31, 2007; andCommentsClose CommentsPermalink
(2) any additional manned ground vehicle variants designated in Future Combat Systems Acquisition Reports of the Department of Defense after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 214. SEPARATE PROCUREMENT AND RESEARCH, DEVELOPMENT, TEST, AND EVALUATION LINE ITEMS AND PROGRAM ELEMENTS FOR SKY WARRIOR UNMANNED AERIAL SYSTEMS PROJECT.CommentsClose CommentsPermalink
Effective for fiscal year 2010 and for each fiscal year thereafter, the Secretary of Defense shall ensure that, in the annual budget submission of the Department of Defense to the President, within both the account for procurement and the account for research, development, test, and evaluation, a separate, dedicated line item and program element is designated for the Sky Warrior Unmanned Aerial Systems project, to the extent such accounts include funding for such project.CommentsClose CommentsPermalink
SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS FOR THE WARFIGHTER INFORMATION NETWORK-TACTICAL PROGRAM.CommentsClose CommentsPermalink
(a) Notification Required- Not later than five days after the completion of all actions described in subsection (b), the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees notice in writing of such completion.CommentsClose CommentsPermalink
(b) Covered Actions- An action described in this subsection is any of the following:CommentsClose CommentsPermalink
(1) Approval by the Under Secretary of a new acquisition program baseline for the Warfighter Information Network-Tactical Increment 3 program (in this section referred to as the ‘WIN-T Increment 3 program’).CommentsClose CommentsPermalink
(2) Completion of the independent cost estimate for the WIN-T Increment 3 program by the Cost Analysis Improvement Group, as required by the June 5, 2007, recertification by the Under Secretary.CommentsClose CommentsPermalink
(3) Completion of the technology readiness assessment of the WIN-T Increment 3 program by the Director, Defense Research and Engineering, as required by the June 5, 2007, recertification by the Under Secretary.CommentsClose CommentsPermalink
(c) Restriction on Obligation of Funds Pending Notification- Of the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for research, development, test, and evaluation, Army, for fiscal year 2009 for the WIN-T Increment 3 program, not more than 50 percent of those amounts may be obligated or expended until 15 days after the date on which the notification required by subsection (a) is received by the congressional defense committees.CommentsClose CommentsPermalink
SEC. 216. LIMITATION ON SOURCE OF FUNDS FOR CERTAIN JOINT CARGO AIRCRAFT EXPENDITURES.CommentsClose CommentsPermalink
(a) Limitation- Of the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for fiscal year 2009 or any fiscal year thereafter for the Army or the Air Force, the Secretary of the Army and the Secretary of the Air Force may fund relevant expenditures for the Joint Cargo Aircraft only through amounts made available for procurement or for research, development, test, and evaluation.CommentsClose CommentsPermalink
(b) Relevant Expenditures for the Joint Cargo Aircraft Defined- In this section, the term ‘relevant expenditures for the Joint Cargo Aircraft’ means expenditures relating to--CommentsClose CommentsPermalink
(1) support equipment;CommentsClose CommentsPermalink
(2) initial spares;CommentsClose CommentsPermalink
(3) training simulators;CommentsClose CommentsPermalink
(4) systems engineering and management; andCommentsClose CommentsPermalink
(5) post-production modifications.CommentsClose CommentsPermalink
SEC. 217. REQUIREMENT FOR PLAN ON OVERHEAD NONIMAGING INFRARED SYSTEMS.CommentsClose CommentsPermalink
(a) In General- The Secretary of Defense, in consultation with the Director of National Intelligence, shall develop a comprehensive plan to conduct and support research, development, and demonstration of technologies that could evolve into the next generation of overhead nonimaging infrared systems.CommentsClose CommentsPermalink
(b) Elements- The plan required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) The research objectives to be achieved under the plan.CommentsClose CommentsPermalink
(2) A description of the research, development, and demonstration activities under the plan.CommentsClose CommentsPermalink
(3) An estimate of the duration of the research, development, and demonstration of technologies under the plan.CommentsClose CommentsPermalink
(4) The cost and duration of any flight or on-orbit demonstrations of the technologies being developed.CommentsClose CommentsPermalink
(5) A plan for implementing any acquisition programs with respect to technologies determined to be successful under the plan.CommentsClose CommentsPermalink
(6) An identification of the date by which a decision must be made to begin any follow-on programs and a justification for the date identified.CommentsClose CommentsPermalink
(7) A schedule for completion of a full analysis of the on-orbit performance characteristics of the Space-Based Infrared System and the Space Tracking and Surveillance System, and an assessment of how the performance characteristics of such systems will inform the decision to proceed to a next generation overhead nonimaging infrared system.CommentsClose CommentsPermalink
(c) Limitation on Obligation and Expenditure of Funds for Third Generation Infrared Surveillance Program- Not more than 50 percent of the amounts authorized to be appropriated for fiscal year 2009 by section 201(3) for research, development, test, and evaluation for the Air Force and available for the Third Generation Infrared Surveillance program may be obligated or expended until the date that is 30 days after the date on which the Secretary submits to Congress the plan required by subsection (a).CommentsClose CommentsPermalink
SEC. 218. ADVANCED ENERGY STORAGE TECHNOLOGY AND MANUFACTURING.CommentsClose CommentsPermalink
(a) Roadmap Required- The Secretary of Defense, acting through the Director of Defense Research and Engineering, the Deputy Under Secretary of Defense for Industrial Policy, and service acquisition executives, shall, in coordination with the Secretary of Energy, develop a multi-year roadmap to develop advanced energy storage technologies and sustain domestic advanced energy storage technology manufacturing capabilities and an assured supply chain necessary to ensure that the Department of Defense has assured access to advanced energy storage technologies to support current military requirements and emerging military needs.CommentsClose CommentsPermalink
(b) Elements- The roadmap required by subsection (a) shall include, but not be limited to, the following:CommentsClose CommentsPermalink
(1) An identification of current and future capability gaps, performance enhancements, cost savings goals, and assured technology access goals that require advances in energy storage technology and manufacturing capabilities.CommentsClose CommentsPermalink
(2) Specific research, technology, and manufacturing goals and milestones, and timelines and estimates of funding necessary for achieving such goals and milestones.CommentsClose CommentsPermalink
(3) A summary of applications for energy storage technologies by the Department of Defense and, for each type of application, an assessment of the demand for such technologies, in terms of quantity and military need.CommentsClose CommentsPermalink
(4) Specific mechanisms for coordinating the activities of Federal agencies, State and local governments, coalition partners, private industry, and academia covered by the roadmap.CommentsClose CommentsPermalink
(5) Such other matters as the Secretary of Defense and the Secretary of Energy consider appropriate for purposes of the roadmap.CommentsClose CommentsPermalink
(c) Coordination-CommentsClose CommentsPermalink
(1) IN GENERAL- The roadmap required by subsection (a) shall be developed in coordination with the military departments, appropriate Defense Agencies and other elements and organizations of the Department of Defense, other appropriate Federal, State, and local government organizations, and appropriate representatives of private industry and academia.CommentsClose CommentsPermalink
(2) DEPARTMENT OF DEFENSE SUPPORT- The Secretary of Defense shall ensure that appropriate elements and organizations of the Department of Defense provide such information and other support as is required for the development of the roadmap.CommentsClose CommentsPermalink
(d) Submittal to Congress- The Secretary of Defense shall submit to the congressional defense committees the roadmap required by subsection (a) not later than one year after the date of the enactment of this Act.CommentsClose CommentsPermalink
(e) Advanced Energy Storage Technology Initiative Investment Summary- Not later than 6 months after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the expenditures for energy storage technologies within the Department of Defense, Defense Agencies, and military departments, for fiscal years 2008 and 2009 and the projected expenditures for such technologies for fiscal year 2010.CommentsClose CommentsPermalink
SEC. 219. MECHANISMS TO PROVIDE FUNDS FOR DEFENSE LABORATORIES FOR RESEARCH AND DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MISSIONS.CommentsClose CommentsPermalink
(a) Mechanisms to Provide Funds-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Defense, in consultation with the Secretaries of the military departments, shall establish mechanisms under which the director of a defense laboratory may use an amount of funds equal to not more than three percent of all funds available to the defense laboratory for the following purposes:CommentsClose CommentsPermalink
(A) To fund innovative basic and applied research that is conducted at the defense laboratory and supports military missions.CommentsClose CommentsPermalink
(B) To fund development programs that support the transition of technologies developed by the defense laboratory into operational use.CommentsClose CommentsPermalink
(C) To fund workforce development activities that improve the capacity of the defense laboratory to recruit and retain personnel with needed scientific and engineering expertise.CommentsClose CommentsPermalink
(2) CONSULTATION REQUIRED- The mechanisms established under paragraph (1) shall provide that funding shall be used under paragraph (1) at the discretion of the director of a defense laboratory in consultation with the science and technology executive of the military department concerned.CommentsClose CommentsPermalink
(b) Annual Report on Use of Authority-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than March 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under subsection (a) during the preceding year.CommentsClose CommentsPermalink
(2) ELEMENTS- Each report under paragraph (1) shall include, with respect to the year covered by such report, the following:CommentsClose CommentsPermalink
(A) A description of the mechanisms used to provide funding under subsection (a)(1).CommentsClose CommentsPermalink
(B) A statement of the amount of funding made available to each defense laboratory for research described under such subsection.CommentsClose CommentsPermalink
(C) A description of the investments made by each defense laboratory using funds under such subsection.CommentsClose CommentsPermalink
(D) A description and assessment of any improvements in the performance of the defense laboratories as a result of investments under such subsection.CommentsClose CommentsPermalink
(E) A description and assessment of the contributions to the development of needed military capabilities provided by research using funds under such subsection.CommentsClose CommentsPermalink
(F) A description of any modification to the mechanisms under subsection (a) that would improve the efficacy of the authority under such subsection to support military missions.CommentsClose CommentsPermalink
(c) Sunset- The authority under subsection (a) shall expire on October 1, 2013.CommentsClose CommentsPermalink
SEC. 220. REQUIREMENTS FOR CERTAIN AIRBORNE INTELLIGENCE COLLECTION SYSTEMS.CommentsClose CommentsPermalink
(a) In General- Except as provided pursuant to subsection (b), effective as of October 1, 2012, each airborne intelligence collection system of the Department of Defense that is connected to the Distributed Common Ground/Surface System shall have the capability to operate with the Network-Centric Collaborative Targeting System.CommentsClose CommentsPermalink
(b) Exceptions- The requirement in subsection (a) with respect to a particular airborne intelligence collection system may be waived by the Chairman of the Joint Requirements Oversight Council under
SEC. 221. LIMITATION ON OBLIGATION OF FUNDS FOR ENHANCED AN/TPQ-36 RADAR SYSTEM PENDING SUBMISSION OF REPORT.CommentsClose CommentsPermalink
Of the amounts appropriated pursuant to section 201(1) of this Act or otherwise made available for fiscal year 2009 for research, development, test, and evaluation, Army, for the Enhanced AN/TPQ-36 radar system, not more than 70 percent of the amounts remaining unobligated as of the date of the enactment of this Act may be obligated until the Secretary of the Army submits to the congressional defense committees a report describing the plan to transition the Counter-Rockets, Artillery, and Mortars program to a program of record.CommentsClose CommentsPermalink
Subtitle C--Missile Defense ProgramsCommentsClose CommentsPermalink
SEC. 231. ANNUAL DIRECTOR OF OPERATIONAL TEST AND EVALUATION CHARACTERIZATION OF OPERATIONAL EFFECTIVENESS, SUITABILITY, AND SURVIVABILITY OF THE BALLISTIC MISSILE DEFENSE SYSTEM.CommentsClose CommentsPermalink
(a) Annual Characterization- Section 232(h) of the National Defense Authorization Act for Fiscal Year 2002 (
(1) by redesignating paragraph (2) as paragraph (3);CommentsClose CommentsPermalink
(2) by inserting after paragraph (1) the following new paragraph (2):CommentsClose CommentsPermalink
‘(2) The Director of Operational Test and Evaluation shall also each year characterize the operational effectiveness, suitability, and survivability of the ballistic missile defense system, and its elements, that have been fielded or tested before the end of the preceding fiscal year.’; andCommentsClose CommentsPermalink
(3) in paragraph (3), as redesignated by paragraph (1) of this subsection, by inserting ‘and the characterization under paragraph (2)’ after ‘the assessment under paragraph (1)’.CommentsClose CommentsPermalink
(b) Conforming Amendment- The heading of such section is amended to read as follows: ‘Annual OT&E Assessment and Characterization of Certain Ballistic Missile Defense Matters- ’.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect on October 1, 2008, and shall apply with respect to fiscal years beginning on or after that date.CommentsClose CommentsPermalink
SEC. 232. INDEPENDENT STUDY OF BOOST-PHASE MISSILE DEFENSE.CommentsClose CommentsPermalink
(a) Study- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with the National Academy of Sciences to conduct an independent study of concepts and systems for boost-phase missile defense.CommentsClose CommentsPermalink
(b) Elements-CommentsClose CommentsPermalink
(1) CONTENT- The study required by subsection (a) shall address the following:CommentsClose CommentsPermalink
(A) The extent to which boost-phase missile defense is technically feasible and practical.CommentsClose CommentsPermalink
(B) Whether any demonstration efforts by the Department of Defense of boost-phase missile defense technology existing as of the date of the study (including the Airborne Laser and the Kinetic Energy Interceptor) have a high probability of performing a boost-phase missile defense mission in an operationally effective, suitable, and survivable manner.CommentsClose CommentsPermalink
(2) SYSTEMS TO BE EXAMINED- The study required by subsection (a) shall examine each of the following systems:CommentsClose CommentsPermalink
(A) The Airborne Laser.CommentsClose CommentsPermalink
(B) The Kinetic Energy Interceptor (land-based and sea-based options).CommentsClose CommentsPermalink
(C) Other existing boost-phase technology demonstration programs.CommentsClose CommentsPermalink
(3) FACTORS TO BE EVALUATED- The study shall evaluate each system identified in paragraph (2) based on the following factors:CommentsClose CommentsPermalink
(A) Technical capability of the system against scenarios identified in paragraph (4).CommentsClose CommentsPermalink
(B) Operational issues, including operational effectiveness.CommentsClose CommentsPermalink
(C) The results of key milestone tests conducted prior to preparation of the report under subsection (c).CommentsClose CommentsPermalink
(D) Survivability.CommentsClose CommentsPermalink
(E) Suitability.CommentsClose CommentsPermalink
(F) Concept of operations, including basing considerations.CommentsClose CommentsPermalink
(G) Operations and maintenance support.CommentsClose CommentsPermalink
(H) Command and control considerations, including timelines for detection, decision-making, and engagement.CommentsClose CommentsPermalink
(I) Shortfall from intercepts.CommentsClose CommentsPermalink
(J) Force structure requirements.CommentsClose CommentsPermalink
(K) Effectiveness against countermeasures.CommentsClose CommentsPermalink
(L) Estimated cost of sustaining the system in the field.CommentsClose CommentsPermalink
(M) Reliability, availability, and maintainability.CommentsClose CommentsPermalink
(N) Geographic considerations, including limitations on the ability to deploy systems within operational range of potential targets.CommentsClose CommentsPermalink
(O) Cost and cost-effectiveness, including total lifecycle cost estimates.CommentsClose CommentsPermalink
(4) SCENARIOS TO BE ASSESSED- The study shall include an assessment of each system identified in paragraph (2) regarding the performance and operational capabilities of the system--CommentsClose CommentsPermalink
(A) to counter short-range, medium-range, and intermediate-range ballistic missile threats from rogue states to the deployed forces of the United States and its allies; andCommentsClose CommentsPermalink
(B) to defend the territory of the United States against limited ballistic missile attack.CommentsClose CommentsPermalink
(5) COMPARISON WITH NON-BOOST SYSTEMS- The study shall include an assessment of the performance and operational capabilities of non-boost missile defense systems to counter the scenarios identified in paragraph (4). The results under this paragraph shall be compared to the results under paragraph (4). For purposes of this paragraph, non-boost missile defense systems include--CommentsClose CommentsPermalink
(A) the Patriot PAC-3 system and the Medium Extended Air Defense System follow-on system;CommentsClose CommentsPermalink
(B) the Aegis Ballistic Missile Defense system, with all variants of the Standard Missile-3 interceptor;CommentsClose CommentsPermalink
(C) the Terminal High Altitude Area Defense system; andCommentsClose CommentsPermalink
(D) the Ground-based Midcourse Defense system.CommentsClose CommentsPermalink
(c) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Upon the completion of the study required by subsection (a), but not later than October 31, 2010, the National Academy of Sciences shall submit to the Secretary of Defense and the congressional defense committees a report on the study. The report shall include such recommendations regarding the future direction of the boost-phase ballistic missile defense programs of the United States as the Academy considers appropriate.CommentsClose CommentsPermalink
(2) FORM- The report under paragraph (1) shall be submitted to the congressional defense committees in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
(d) Funding- Of the funds appropriated pursuant to the authorization of appropriations in section 201(4) for research, development, test, and evaluation, Defense-wide, and available for the Missile Defense Agency, $3,500,000 may be available to conduct the study required by subsection (a).CommentsClose CommentsPermalink
(e) Cooperation From Government- In carrying out the study, the National Academy of Sciences shall receive the full and timely cooperation of the Secretary of Defense and any other Federal Government official in providing the Academy with analyses, briefings, and other information necessary for the fulfillment of its responsibilities.CommentsClose CommentsPermalink
SEC. 233. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT, CONSTRUCTION, AND DEPLOYMENT OF MISSILE DEFENSES IN EUROPE.CommentsClose CommentsPermalink
(a) General Limitation- No funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2009 or any fiscal year thereafter may be obligated or expended for procurement, site activation, construction, preparation of equipment for, or deployment of a long-range missile defense system in Europe until the following conditions have been met:CommentsClose CommentsPermalink
(1) In the case of the proposed midcourse radar element of such missile defense system, the host nation has signed and ratified the missile defense basing agreement and status of forces agreement that allow for the stationing in such nation of the radar and personnel to carry out the proposed deployment.CommentsClose CommentsPermalink
(2) In the case of the proposed long-range missile defense interceptor site element of such missile defense system--CommentsClose CommentsPermalink
(A) the condition in paragraph (1) has been met; andCommentsClose CommentsPermalink
(B) the host nation has signed and ratified the missile defense basing agreement and status of forces agreement that allow for the stationing in such nation of the interceptor site and personnel to carry out the proposed deployment.CommentsClose CommentsPermalink
(3) In the case of either element of such missile defense system described in paragraph (1) or (2), 45 days have elapsed following the receipt by the congressional defense committees of the report required by section 226(c)(6) of the National Defense Authorization Act for Fiscal Year 2008 (
(b) Additional Limitation- In addition to the limitation in subsection (a), no funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2009 may be obligated or expended for the acquisition (other than initial long-lead procurement) or deployment of operational missiles of a long-range missile defense system in Europe until the Secretary of Defense, after receiving the views of the Director of Operational Test and Evaluation, submits to the congressional defense committees a report certifying that the proposed interceptor to be deployed as part of such missile defense system has demonstrated, through successful, operationally realistic flight testing, a high probability of working in an operationally effective manner and the ability to accomplish the mission.CommentsClose CommentsPermalink
(c) Construction- Nothing in this section shall be construed to limit continuing obligation and expenditure of funds for missile defense, including for research and development and for other activities not otherwise limited by subsection (a) or (b), including, but not limited to, site surveys, studies, analysis, and planning and design for the proposed missile defense deployment in Europe.CommentsClose CommentsPermalink
SEC. 234. REVIEW OF THE BALLISTIC MISSILE DEFENSE POLICY AND STRATEGY OF THE UNITED STATES.CommentsClose CommentsPermalink
(a) Review Required- The Secretary of Defense shall conduct a review of the ballistic missile defense policy and strategy of the United States.CommentsClose CommentsPermalink
(b) Elements- The matters addressed by the review required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) The ballistic missile defense policy of the United States in relation to the overall national security policy of the United States.CommentsClose CommentsPermalink
(2) The ballistic missile defense strategy and objectives of the United States in relation to the national security strategy of the United States and the military strategy of the United States.CommentsClose CommentsPermalink
(3) The ballistic missile threat to the United States, deployed forces of the United States, and friends and allies of the United States from short, medium, intermediate, and long-range ballistic missile threats.CommentsClose CommentsPermalink
(4) The organization, discharge, and oversight of acquisition for the ballistic missile defense programs of the United States.CommentsClose CommentsPermalink
(5) The roles and responsibilities of the Office of the Secretary of Defense, defense agencies, combatant commands, the Joint Chiefs of Staff, and the military departments in such programs.CommentsClose CommentsPermalink
(6) The process for determining requirements for missile defense capabilities under such programs, including input from the joint military requirements process.CommentsClose CommentsPermalink
(7) The process for determining the force structure and inventory objectives for such programs.CommentsClose CommentsPermalink
(8) Standards for the military utility, operational effectiveness, suitability, and survivability of the ballistic missile defense systems of the United States.CommentsClose CommentsPermalink
(9) The method in which resources for the ballistic missile defense mission are planned, programmed, and budgeted within the Department of Defense.CommentsClose CommentsPermalink
(10) The near-term and long-term affordability and cost-effectiveness of such programs.CommentsClose CommentsPermalink
(11) The objectives, requirements, and standards for test and evaluation with respect to such programs.CommentsClose CommentsPermalink
(12) Accountability, transparency, and oversight with respect to such programs.CommentsClose CommentsPermalink
(13) The role of international cooperation on missile defense in the ballistic missile defense policy and strategy of the United States.CommentsClose CommentsPermalink
(14) Any other matters the Secretary determines relevant.CommentsClose CommentsPermalink
(c) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than January 31, 2010, the Secretary shall submit to Congress a report setting forth the results of the review required by subsection (a).CommentsClose CommentsPermalink
(2) FORM- The report required by this subsection shall be in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
SEC. 235. AIRBORNE LASER SYSTEM.CommentsClose CommentsPermalink
(a) Report on Director of Operational Test and Evaluation Assessment of Testing- Not later than January 15, 2010, the Director of Operational Test and Evaluation shall--CommentsClose CommentsPermalink
(1) review and evaluate the testing conducted on the first Airborne Laser System aircraft, including the planned shoot-down demonstration testing; andCommentsClose CommentsPermalink
(2) submit to the Secretary of Defense and to Congress an assessment by the Director of the operational effectiveness, suitability, and survivability of the Airborne Laser System.CommentsClose CommentsPermalink
(b) Limitation on Availability of Funds for Later Airborne Laser System Aircraft- No funds appropriated pursuant to an authorization of appropriations or otherwise made available for the Department of Defense may be obligated or expended for the procurement of a second or subsequent aircraft for the Airborne Laser System program until the later of the following dates:CommentsClose CommentsPermalink
(1) The date on which the Secretary of Defense, after receiving the assessment under subsection (a)(2), submits to Congress a certification that the Airborne Laser System has demonstrated, through successful testing and operational and cost analysis, a high probability of being operationally effective, suitable, survivable, and affordable.CommentsClose CommentsPermalink
(2) The date that is 60 days after the date on which Congress receives the independent assessment of boost-phase missile defense required by section 232.CommentsClose CommentsPermalink
SEC. 236. ACTIVATION AND DEPLOYMENT OF AN/TPY-2 FORWARD-BASED X-BAND RADAR.CommentsClose CommentsPermalink
(a) Availability of Funds- Subject to subsection (b), of the amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defense-wide activities, up to $89,000,000 may be available for Ballistic Missile Defense Sensors for the activation and deployment of the AN/TPY-2 forward-based X-band radar to a classified location.CommentsClose CommentsPermalink
(b) Limitation-CommentsClose CommentsPermalink
(1) IN GENERAL- Funds may not be available under subsection (a) for the purpose specified in that subsection until the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the deployment of the AN/TPY-2 forward-based X-band radar as described in that subsection, including:CommentsClose CommentsPermalink
(A) The location of deployment of the radar.CommentsClose CommentsPermalink
(B) A description of the operational parameters of the deployment of the radar, including planning for force protection.CommentsClose CommentsPermalink
(C) A description of any recurring and non-recurring expenses associated with the deployment of the radar.CommentsClose CommentsPermalink
(D) A description of the cost-sharing arrangements between the United States and the country in which the radar will be deployed regarding the expenses described in subparagraph (C).CommentsClose CommentsPermalink
(E) A description of the other terms and conditions of the agreement between the United States and such country regarding the deployment of the radar.CommentsClose CommentsPermalink
(2) FORM- The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
Subtitle D--ReportsCommentsClose CommentsPermalink
SEC. 241. BIENNIAL REPORTS ON JOINT AND SERVICE CONCEPT DEVELOPMENT AND EXPERIMENTATION.CommentsClose CommentsPermalink
(a) In General-
-‘Sec. 485. Joint and service concept development and experimentationCommentsClose CommentsPermalink
‘(a) Biennial Reports Required- Not later than January 1 of each even numbered-year, the Secretary of Defense or the Secretary’s designee shall submit to the congressional defense committees a report on the conduct and outcomes of joint and service concept development and experimentation.CommentsClose CommentsPermalink
‘(b) Matters To Be Included- Each report under subsection (a) shall include the following:CommentsClose CommentsPermalink
‘(1) A description of any changes since the latest report submitted under this section to each of the following:CommentsClose CommentsPermalink
‘(A) The organization of the Department of Defense responsible for executing the mission of joint concept development and experimentation, or its specific authorities related to that mission.CommentsClose CommentsPermalink
‘(B) The process for tasking forces (including forces designated as joint experimentation forces) to participate in joint concept development and experimentation, and the specific authority of the organization responsible for executing the mission of joint concept development and experimentation over those forces.CommentsClose CommentsPermalink
‘(C) The resources provided for initial implementation of joint concept development and experimentation, the process for providing such resources to the organization responsible for executing the mission of joint concept development and experimentation, the categories of funding for joint concept development and experimentation, and the authority of the organization responsible for executing the mission of joint concept development and experimentation for budget execution for such activities.CommentsClose CommentsPermalink
‘(D) The assigned role of the organization responsible for executing the mission of joint concept development and experimentation for--CommentsClose CommentsPermalink
‘(i) integrating and testing in joint concept development and experimentation the systems that emerge from warfighting experimentation by the armed forces and the Defense Agencies;CommentsClose CommentsPermalink
‘(ii) assessing the effectiveness of organizational structures, operational concepts, and technologies relating to joint concept development and experimentation; andCommentsClose CommentsPermalink
‘(iii) assisting the Secretary of Defense and the Chairman of the Joint Chiefs of Staff in setting priorities for requirements or acquisition programs in light of joint concept development and experimentation.CommentsClose CommentsPermalink
‘(2) A description of the conduct of joint concept development and experimentation activities, and of concept development and experimentation activities of each of the military departments, during the two-year period ending on the date of such report, including--CommentsClose CommentsPermalink
‘(A) the funding involved;CommentsClose CommentsPermalink
‘(B) the number of activities engaged in;CommentsClose CommentsPermalink
‘(C) the forces involved;CommentsClose CommentsPermalink
‘(D) the national and homeland security challenges addressed;CommentsClose CommentsPermalink
‘(E) the operational concepts assessed;CommentsClose CommentsPermalink
‘(F) the technologies assessed;CommentsClose CommentsPermalink
‘(G) the scenarios and measures of effectiveness utilized; andCommentsClose CommentsPermalink
‘(H) specific interactions under such activities with the commanders of the combatant commands and with other organizations and entities inside and outside the Department.CommentsClose CommentsPermalink
‘(3) A description of the conduct of joint concept development and experimentation, and of the conduct of concept development and experimentation by each of the military departments, during the two-year period ending on the date of such report with respect to the development of warfighting concepts for operational scenarios more than 10 years in the future, including--CommentsClose CommentsPermalink
‘(A) the funding involved;CommentsClose CommentsPermalink
‘(B) the number of activities engaged in;CommentsClose CommentsPermalink
‘(C) the forces involved;CommentsClose CommentsPermalink
‘(D) the challenges addressed;CommentsClose CommentsPermalink
‘(E) the operational concepts assessed;CommentsClose CommentsPermalink
‘(F) the technologies assessed;CommentsClose CommentsPermalink
‘(G) the scenarios and measures of effectiveness utilized; andCommentsClose CommentsPermalink
‘(H) specific interactions with the commanders of the combatant commands and with other organizations and entities inside and outside the Department.CommentsClose CommentsPermalink
‘(4) A description of the mechanisms used to coordinate joint, service, interagency, Coalition, and other appropriate concept development and experimentation activities.CommentsClose CommentsPermalink
‘(5) An assessment of the return on investment in concept development and experimentation activities, including a description of the following:CommentsClose CommentsPermalink
‘(A) Specific outcomes and impacts within the Department of the results of past joint and service concept development and experimentation in terms of new doctrine, operational concepts, organization, training, materiel, leadership, personnel, or the allocation of resources, or in activities that terminated support for legacy concepts, programs, or systems.CommentsClose CommentsPermalink
‘(B) Specific actions taken to implement the recommendations of the Commander of United States Joint Forces Command based on joint concept development and experimentation activities.CommentsClose CommentsPermalink
‘(6) Such recommendations (based primarily on the results of joint and service concept development and experimentation) as the Secretary considers appropriate for enhancing the development of joint warfighting capabilities by modifying activities throughout the Department relating to--CommentsClose CommentsPermalink
‘(A) the development or acquisition of specific advanced technologies, systems, or weapons or systems platforms;CommentsClose CommentsPermalink
‘(B) key systems attributes and key performance parameters for the development or acquisition of advanced technologies and systems;CommentsClose CommentsPermalink
‘(C) joint or service doctrine, organization, training, materiel, leadership development, personnel, or facilities;CommentsClose CommentsPermalink
‘(D) the reduction or elimination of redundant equipment and forces, including the synchronization of the development and fielding of advanced technologies among the armed forces to enable the development and execution of joint operational concepts; andCommentsClose CommentsPermalink
‘(E) the development or modification of initial capabilities documents, operational requirements, and relative priorities for acquisition programs to meet joint requirements.CommentsClose CommentsPermalink
‘(7) With respect to improving the effectiveness of joint concept development and experimentation capabilities, such recommendations (based primarily on the results of joint warfighting experimentation) as the Secretary considers appropriate regarding--CommentsClose CommentsPermalink
‘(A) the conduct of, adequacy of resources for, or development of technologies to support such capabilities; andCommentsClose CommentsPermalink
‘(B) changes in support from other elements of the Department responsible for concept development and experimentation by joint or service organizations.CommentsClose CommentsPermalink
‘(8) The coordination of the concept development and experimentation activities of the Commander of the United States Joint Forces Command with the activities of the Commander of the North Atlantic Treaty Organization Supreme Allied Command Transformation.CommentsClose CommentsPermalink
‘(9) Any other matters that the Secretary consider appropriate.CommentsClose CommentsPermalink
‘(c) Coordination and Support- The Secretary of Defense shall ensure that the Secretaries of the military departments and the heads of other appropriate elements of the Department of Defense provide such information and support as is required for the preparation of the reports required by this section.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 485 and inserting the following new item:CommentsClose CommentsPermalink
‘485. Joint and service concept development and experimentation.’.CommentsClose CommentsPermalink
SEC. 242. REPORT ON PARTICIPATION OF THE HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS IN RESEARCH AND EDUCATIONAL PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF DEFENSE.CommentsClose CommentsPermalink
(a) In General- The Secretary of Defense shall carry out an independent assessment of the participation of covered educational institutions in research and educational programs and activities of the Department of Defense.CommentsClose CommentsPermalink
(b) Report- Not later than 12 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the assessment required under subsection (a).CommentsClose CommentsPermalink
(c) Matters Included- The report required under subsection (b) shall include the following:CommentsClose CommentsPermalink
(1) A description of research, training, technical assistance, infrastructure support, and educational programs and activities conducted by the Department of Defense in support of covered educational institutions.CommentsClose CommentsPermalink
(2) A survey of the level of participation of covered educational institutions in programs described in paragraph (1), and lessons learned from the survey.CommentsClose CommentsPermalink
(3) An assessment of the relevance, including outcomes and effects, of the programs and activities identified in paragraph (1) to the research and educational programs, activities, and missions of the Department of Defense.CommentsClose CommentsPermalink
(4) An assessment of additional activities by the Department of Defense that support covered educational institutions whose primary focus is the training and educating of minority scientists, engineers, and technicians.CommentsClose CommentsPermalink
(5) An assessment of barriers to the participation of covered educational institutions in the research and educational programs and activities of the Department of Defense.CommentsClose CommentsPermalink
(6) Recommendations to increase the capacity of covered educational institutions to participate in research and educational programs and activities that are critical to the national security functions of the Department of Defense.CommentsClose CommentsPermalink
(7) Any other matters the Secretary of Defense considers appropriate.CommentsClose CommentsPermalink
(d) Cooperation of Defense Organizations- The Secretary of Defense shall ensure that the relevant elements of the Department of Defense provide all information necessary for the completion of the assessment required under subsection (a).CommentsClose CommentsPermalink
(e) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term ‘covered educational institutions’ means--CommentsClose CommentsPermalink
(A) a historically Black college or university that is a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (
(B) a minority institution, as defined in section 365(3) of that Act (
(C) a Hispanic-serving institution, as defined in section 502(a)(5) of that Act (
(D) a Tribal College or University, as defined in section 316(b)(3) of that Act (
(E) other minority postsecondary institutions.CommentsClose CommentsPermalink
(2) The term ‘research and educational programs and activities’ includes programs and activities relating to research, development, test, and evaluation and education.CommentsClose CommentsPermalink
SEC. 243. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO FINDINGS AND RECOMMENDATIONS OF THE DEFENSE SCIENCE BOARD TASK FORCE ON DIRECTED ENERGY WEAPONS.CommentsClose CommentsPermalink
(a) Report Required- Not later than January 1, 2010, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of the recommendations of the Defense Science Board Task Force on Directed Energy Weapons.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) An analysis of each of the findings and recommendations of the Defense Science Board Task Force on Directed Energy Weapons.CommentsClose CommentsPermalink
(2) A detailed description of the response of the Department of Defense to each finding and recommendation of the Task Force, including--CommentsClose CommentsPermalink
(A) for each recommendation that is being implemented or that the Secretary plans to implement--CommentsClose CommentsPermalink
(i) a summary of actions that have been taken to implement such recommendation; andCommentsClose CommentsPermalink
(ii) a schedule, with specific milestones, for completing the implementation of such recommendation; andCommentsClose CommentsPermalink
(B) for each recommendation that the Secretary does not plan to implement--CommentsClose CommentsPermalink
(i) the reasons for the decision not to implement such recommendation; andCommentsClose CommentsPermalink
(ii) a summary of the alternative actions the Secretary plans to take to address the purposes underlying such recommendation.CommentsClose CommentsPermalink
(3) A summary of any additional actions the Secretary plans to take to address concerns raised by the Task Force.CommentsClose CommentsPermalink
Subtitle E--Other MattersCommentsClose CommentsPermalink
SEC. 251. MODIFICATION OF SYSTEMS SUBJECT TO SURVIVABILITY TESTING OVERSIGHT BY THE DIRECTOR OF OPERATIONAL TEST AND EVALUATION.CommentsClose CommentsPermalink
(a) Authority To Designate Additional Systems as Major Systems and Programs Subject to Testing-
‘(1) The term ‘covered system’ means--CommentsClose CommentsPermalink
‘(A) a vehicle, weapon platform, or conventional weapon system that--CommentsClose CommentsPermalink
‘(i) includes features designed to provide some degree of protection to users in combat; andCommentsClose CommentsPermalink
‘(ii) is a major system as defined in section 2302(5) of this title; orCommentsClose CommentsPermalink
‘(B) any other system or program designated by the Secretary of Defense for purposes of this section.’.CommentsClose CommentsPermalink
(b) Revision to Report Requirement- Section 2366(d) of such title is amended--CommentsClose CommentsPermalink
(1) by inserting ‘(1)’ before ‘At the conclusion’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) If a decision is made within the Department of Defense to proceed to operational use of a system, or to make procurement funds available for a system, before Milestone C approval of that system, the Secretary of Defense shall submit to the congressional defense committees, as soon as practicable after such decision, the following:CommentsClose CommentsPermalink
‘(A) A report describing the status of survivability and live fire testing of that system.CommentsClose CommentsPermalink
‘(B) The report required under paragraph (1).’.CommentsClose CommentsPermalink
(c) Force Protection Equipment- Section 139(b) of such title is amended--CommentsClose CommentsPermalink
(1) by striking paragraph (3); andCommentsClose CommentsPermalink
(2) by redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively.CommentsClose CommentsPermalink
SEC. 252. TECHNOLOGY-NEUTRAL INFORMATION TECHNOLOGY GUIDELINES AND STANDARDS TO SUPPORT FULLY INTEROPERABLE ELECTRONIC PERSONAL HEALTH INFORMATION FOR THE DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS.CommentsClose CommentsPermalink
Section 1635 of the Wounded Warrior Act (title XVI of
(1) in subsection (h)(1), by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink
‘(C) A description and analysis of the level of interoperability and security of technologies for sharing healthcare information among the Department of Defense, the Department of Veterans Affairs, and their transaction partners.CommentsClose CommentsPermalink
‘(D) A description and analysis of the problems the Department of Defense and the Department of Veterans Affairs are having with, and the progress such departments are making toward, ensuring interoperable and secure healthcare information systems and electronic healthcare records.’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(j) Technology-Neutral Guidelines and Standards- The Director, in consultation with industry and appropriate Federal agencies, shall develop, or shall adopt from industry, technology-neutral information technology infrastructure guidelines and standards for use by the Department of Defense and the Department of Veterans Affairs to enable those departments to effectively select and utilize information technologies to meet the requirements of this section.’.CommentsClose CommentsPermalink
SEC. 253. ASSESSMENT OF TECHNOLOGY TRANSITION PROGRAMS AND REPEAL OF REPORTING REQUIREMENT.CommentsClose CommentsPermalink
(a) Assessment and Report Required-CommentsClose CommentsPermalink
(1) IN GENERAL- The Under Secretary of Defense for Acquisition, Technology, and Logistics shall assess the feasibility of consolidating the various technology transition programs in the Department of Defense into a unified effort managed by a senior official of the Department.CommentsClose CommentsPermalink
(2) PROGRAMS INCLUDED- The assessment required by paragraph (1) shall include--CommentsClose CommentsPermalink
(A) the technology transition programs managed or overseen by the Secretary of Defense; andCommentsClose CommentsPermalink
(B) as the Under Secretary considers appropriate, the technology transition programs of the military departments.CommentsClose CommentsPermalink
(3) REPORT- Not later than October 1, 2009, the Under Secretary shall submit to the congressional defense committees a report on the assessment required by paragraph (1). The report shall include the following:CommentsClose CommentsPermalink
(A) A description of each of the technology transition programs considered as part of the assessment.CommentsClose CommentsPermalink
(B) An evaluation of the extent to which each technology transition program fulfills its intended mission and supports effective and efficient technology transition.CommentsClose CommentsPermalink
(C) For each technology transition program considered in the assessment, a summary of the funding available for the five fiscal years preceding the date on which the report is submitted.CommentsClose CommentsPermalink
(D) The conclusion of the Under Secretary as to whether there are any benefits in consolidating the technology transition programs into a unified effort managed by a senior official of the Department of Defense.CommentsClose CommentsPermalink
(E) Recommendations to add, repeal, or amend statutes or regulations in order to more effectively enable technology transition.CommentsClose CommentsPermalink
(F) Recommendations regarding the appropriate management structure, fiscal controls, and stakeholder engagement required to ensure that a unified technology transition program will cost-effectively and efficiently enable technology transition.CommentsClose CommentsPermalink
(b) Reporting Requirement Repealed-
(1) by striking subsection (h); andCommentsClose CommentsPermalink
(2) by redesignating subsection (i) as subsection (h).CommentsClose CommentsPermalink
SEC. 254. TRUSTED DEFENSE SYSTEMS.CommentsClose CommentsPermalink
(a) Vulnerability Assessment Required- The Secretary of Defense shall conduct an assessment of selected covered acquisition programs to identify vulnerabilities in the supply chain of each program’s electronics and information processing systems that potentially compromise the level of trust in the systems. Such assessment shall--CommentsClose CommentsPermalink
(1) identify vulnerabilities at multiple levels of the electronics and information processing systems of the selected programs, including microcircuits, software, and firmware;CommentsClose CommentsPermalink
(2) prioritize the potential vulnerabilities and effects of the various elements and stages of the system supply chain to identify the most effective balance of investments to minimize the effects of compromise;CommentsClose CommentsPermalink
(3) provide recommendations regarding ways of managing supply chain risk for covered acquisition programs; andCommentsClose CommentsPermalink
(4) identify the appropriate lead person, and supporting elements, within the Department of Defense for the development of an integrated strategy for managing risk in the supply chain for covered acquisition programs.CommentsClose CommentsPermalink
(b) Assessment of Methods for Verifying the Trust of Semiconductors Procured From Commercial Sources- The Under Secretary of Defense for Acquisition, Technology, and Logistics, in consultation with appropriate elements of the Department of Defense, the intelligence community, private industry, and academia, shall conduct an assessment of various methods of verifying the trust of semiconductors procured by the Department of Defense from commercial sources for use in mission-critical components of potentially vulnerable defense systems. The assessment shall include the following:CommentsClose CommentsPermalink
(1) An identification of various methods of verifying the trust of semiconductors, including methods under development at the Defense Agencies, government laboratories, institutions of higher education, and in the private sector.CommentsClose CommentsPermalink
(2) A determination of the methods identified under paragraph (1) that are most suitable for the Department of Defense.CommentsClose CommentsPermalink
(3) An assessment of the additional research and technology development needed to develop methods of verifying the trust of semiconductors that meet the needs of the Department of Defense.CommentsClose CommentsPermalink
(4) Any other matters that the Under Secretary considers appropriate.CommentsClose CommentsPermalink
(c) Strategy Required-CommentsClose CommentsPermalink
(1) IN GENERAL- The lead person identified under subsection (a)(4), in cooperation with the supporting elements also identified under such subsection, shall develop an integrated strategy--CommentsClose CommentsPermalink
(A) for managing risk--CommentsClose CommentsPermalink
(i) in the supply chain of electronics and information processing systems for covered acquisition programs; andCommentsClose CommentsPermalink
(ii) in the procurement of semiconductors; andCommentsClose CommentsPermalink
(B) that ensures dependable, continuous, long-term access and trust for all mission-critical semiconductors procured from both foreign and domestic sources.CommentsClose CommentsPermalink
(2) REQUIREMENTS- At a minimum, the strategy shall--CommentsClose CommentsPermalink
(A) address the vulnerabilities identified by the assessment under subsection (a);CommentsClose CommentsPermalink
(B) reflect the priorities identified by such assessment;CommentsClose CommentsPermalink
(C) provide guidance for the planning, programming, budgeting, and execution process in order to ensure that covered acquisition programs have the necessary resources to implement all appropriate elements of the strategy;CommentsClose CommentsPermalink
(D) promote the use of verification tools, as appropriate, for ensuring trust of commercially acquired systems;CommentsClose CommentsPermalink
(E) increase use of trusted foundry services, as appropriate; andCommentsClose CommentsPermalink
(F) ensure sufficient oversight in implementation of the plan.CommentsClose CommentsPermalink
(d) Policies and Actions for Assuring Trust in Integrated Circuits- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall--CommentsClose CommentsPermalink
(1) develop policy requiring that trust assurance be a high priority for covered acquisition programs in all phases of the electronic component supply chain and integrated circuit development and production process, including design and design tools, fabrication of the semiconductors, packaging, final assembly, and test;CommentsClose CommentsPermalink
(2) develop policy requiring that programs whose electronics and information systems are determined to be vital to operational readiness or mission effectiveness are to employ trusted foundry services to fabricate their custom designed integrated circuits, unless the Secretary specifically authorizes otherwise;CommentsClose CommentsPermalink
(3) incorporate the strategies and policies of the Department of Defense regarding development and use of trusted integrated circuits into all relevant Department directives and instructions related to the acquisition of integrated circuits and programs that use such circuits; andCommentsClose CommentsPermalink
(4) take actions to promote the use and development of tools that verify the trust in all phases of the integrated circuit development and production process of mission-critical parts acquired from non-trusted sources.CommentsClose CommentsPermalink
(e) Submission to Congress- Not later than 12 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees--CommentsClose CommentsPermalink
(1) the assessments required by subsections (a) and (b);CommentsClose CommentsPermalink
(2) the strategy required by subsection (c); andCommentsClose CommentsPermalink
(3) a description of the policies developed and actions taken under subsection (d).CommentsClose CommentsPermalink
(f) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term ‘covered acquisition programs’ means an acquisition program of the Department of Defense that is a major system for purposes of
(2) The terms ‘trust’ and ‘trusted’ refer, with respect to electronic and information processing systems, to the ability of the Department of Defense to have confidence that the systems function as intended and are free of exploitable vulnerabilities, either intentionally or unintentionally designed or inserted as part of the system at any time during its life cycle.CommentsClose CommentsPermalink
(3) The term ‘trusted foundry services’ means the program of the National Security Agency and the Department of Defense, or any similar program approved by the Secretary of Defense, for the development and manufacture of integrated circuits for critical defense systems in secure industrial environments.CommentsClose CommentsPermalink
SEC. 255. CAPABILITIES-BASED ASSESSMENT TO OUTLINE A JOINT APPROACH FOR FUTURE DEVELOPMENT OF VERTICAL LIFT AIRCRAFT AND ROTORCRAFT.CommentsClose CommentsPermalink
(a) Assessment Required- The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall carry out a capabilities-based assessment that outlines a joint approach to the future development of vertical lift aircraft and rotorcraft for all of the Armed Forces. The assessment shall--CommentsClose CommentsPermalink
(1) address critical technologies required for future development, including a technology roadmap;CommentsClose CommentsPermalink
(2) include the development of a detailed science and technology investment and implementation plan and an identification of the resources required to implement such plan; andCommentsClose CommentsPermalink
(3) include the development of a strategic plan that--CommentsClose CommentsPermalink
(A) formalizes the strategic vision of the Department of Defense for the next generation of vertical lift aircraft and rotorcraft;CommentsClose CommentsPermalink
(B) establishes joint requirements for the next generation of vertical lift aircraft and rotorcraft technology; andCommentsClose CommentsPermalink
(C) emphasizes the development of common service requirements.CommentsClose CommentsPermalink
(b) Report- The Secretary and the Chairman shall submit to the congressional defense committees a report on the assessment under subsection (a). The report shall include--CommentsClose CommentsPermalink
(1) the technology roadmap referred to in subsection (a)(1);CommentsClose CommentsPermalink
(2) the plan and the identification of resources referred to in subsection (a)(2);CommentsClose CommentsPermalink
(3) the strategic plan referred to in subsection (a)(3); andCommentsClose CommentsPermalink
(4) a detailed plan to establish a Joint Vertical Lift Aircraft/Rotorcraft Office based on lessons learned from the Joint Advanced Strike Technology Office.CommentsClose CommentsPermalink
SEC. 256. EXECUTIVE AGENT FOR PRINTED CIRCUIT BOARD TECHNOLOGY.CommentsClose CommentsPermalink
(a) Executive Agent- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior official of the Department of Defense to act as the executive agent for printed circuit board technology.CommentsClose CommentsPermalink
(b) Roles, Responsibilities, and Authorities-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- Not later than one year after the date of the enactment of this Act, and in accordance with Directive 5101.1, the Secretary of Defense shall prescribe the roles, responsibilities, and authorities of the executive agent designated under subsection (a).CommentsClose CommentsPermalink
(2) SPECIFICATION- The roles and responsibilities of the executive agent designated under subsection (a) shall include each of the following:CommentsClose CommentsPermalink
(A) Development and maintenance of a printed circuit board and interconnect technology roadmap that ensures that the Department of Defense has access to the manufacturing capabilities and technical expertise necessary to meet future military requirements regarding such technology.CommentsClose CommentsPermalink
(B) Development of recommended funding strategies necessary to meet the requirements of the roadmap developed under subparagraph (A).CommentsClose CommentsPermalink
(C) Assessment of the vulnerabilities, trustworthiness, and diversity of the printed circuit board supply chain, including the development of trustworthiness requirements for printed circuit boards used in defense systems, and to develop strategies to address matters that are identified as a result of such assessment.CommentsClose CommentsPermalink
(D) Such other roles and responsibilities as the Secretary of Defense considers appropriate.CommentsClose CommentsPermalink
(c) Support Within Department of Defense- In accordance with Directive 5101.1, the Secretary of Defense shall ensure that the military departments, Defense Agencies, and other components of the Department of Defense provide the executive agent designated under subsection (a) with the appropriate support and resources needed to perform the roles, responsibilities, and authorities of the executive agent.CommentsClose CommentsPermalink
(d) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term ‘Directive 5101.1’ means Department of Defense Directive 5101.1, or any successor directive relating to the responsibilities of an executive agent of the Department of Defense.CommentsClose CommentsPermalink
(2) The term ‘executive agent’ has the meaning given the term ‘DoD Executive Agent’ in Directive 5101.1.CommentsClose CommentsPermalink
SEC. 257. REVIEW OF CONVENTIONAL PROMPT GLOBAL STRIKE TECHNOLOGY APPLICATIONS AND CONCEPTS.CommentsClose CommentsPermalink
(a) Availability of Funds for Prompt Global Strike Capability Development- Notwithstanding any other provision of this Act, funds for conventional prompt global strike capability development are authorized by this Act only for those activities expressly delineated in the expenditure plan for fiscal years 2008 and 2009 that was required by section 243 of the National Defense Authorization Act for Fiscal Year 2008 (
(b) Report on Technology Applications- Not later than April 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report that contains--CommentsClose CommentsPermalink
(1) a description of the technology applications developed pursuant to conventional prompt global strike activities during fiscal year 2009; andCommentsClose CommentsPermalink
(2) for each such technology application, the conventional prompt global strike concept towards which the application could be applied.CommentsClose CommentsPermalink
(c) Review of Conventional Prompt Global Strike Concepts- The Secretary of Defense shall, in consultation with the Secretary of State, conduct a review of each nonnuclear prompt global strike concept with respect to which the President requests funding in the budget of the President for fiscal year 2010 (as submitted to Congress pursuant to
(d) Elements of Review- The review required by subsection (c) shall include, for each concept described in that subsection, the following:CommentsClose CommentsPermalink
(1) The full cost of demonstrating such concept.CommentsClose CommentsPermalink
(2) An assessment of any policy, legal, or treaty-related issues that could arise during the course of, or as a result of, deployment of each concept and recommendations to address such issues.CommentsClose CommentsPermalink
(3) The extent to which the concept could be misconstrued as a nuclear weapon or delivery system and recommendations to mitigate the risk of such a misconstrual.CommentsClose CommentsPermalink
(4) An assessment of the potential basing and deployment options for the concept.CommentsClose CommentsPermalink
(5) A description of the types of targets against which the concept might be used.CommentsClose CommentsPermalink
(6) An assessment of the adequacy of the intelligence that would be needed to support an attack involving the concept.CommentsClose CommentsPermalink
(e) Report on Conventional Prompt Global Strike Concepts- Not later than September 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the results of the review required by subsection (c).CommentsClose CommentsPermalink
TITLE III--OPERATION AND MAINTENANCECommentsClose CommentsPermalink
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.CommentsClose CommentsPermalink
Subtitle B--Environmental Provisions
Sec. 311. Authorization for Department of Defense participation in conservation banking programs.CommentsClose CommentsPermalink
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake, Washington.CommentsClose CommentsPermalink
Sec. 313. Expand cooperative agreement authority for management of natural resources to include off-installation mitigation.CommentsClose CommentsPermalink
Sec. 314. Expedited use of appropriate technology related to unexploded ordnance detection.CommentsClose CommentsPermalink
Sec. 315. Closed loop re-refining of used motor vehicle lubricating oil.CommentsClose CommentsPermalink
Sec. 316. Comprehensive program for the eradication of the brown tree snake population from military facilities in Guam.CommentsClose CommentsPermalink
Subtitle C--Workplace and Depot Issues
Sec. 321. Comprehensive analysis and development of single Government-wide definition of inherently governmental function and criteria for critical functions.CommentsClose CommentsPermalink
Sec. 322. Study on future depot capability.CommentsClose CommentsPermalink
Sec. 323. Government Accountability Office review of high-performing organizations.CommentsClose CommentsPermalink
Sec. 324. Consolidation of Air Force and Air National Guard aircraft maintenance.CommentsClose CommentsPermalink
Sec. 325. Report on Air Force civilian personnel consolidation plan.CommentsClose CommentsPermalink
Sec. 326. Report on reduction in number of firefighters on Air Force bases.CommentsClose CommentsPermalink
Sec. 327. Minimum capital investment for certain depots.CommentsClose CommentsPermalink
Subtitle D--Energy Security
Sec. 331. Annual report on operational energy management and implementation of operational energy strategy.CommentsClose CommentsPermalink
Sec. 332. Consideration of fuel logistics support requirements in planning, requirements development, and acquisition processes.CommentsClose CommentsPermalink
Sec. 333. Study on solar and wind energy for use for expeditionary forces.CommentsClose CommentsPermalink
Sec. 334. Study on alternative and synthetic fuels.CommentsClose CommentsPermalink
Sec. 335. Mitigation of power outage risks for Department of Defense facilities and activities.CommentsClose CommentsPermalink
Subtitle E--Reports
Sec. 341. Comptroller General report on readiness of Armed Forces.CommentsClose CommentsPermalink
Sec. 342. Report on plan to enhance combat skills of Navy and Air Force personnel.CommentsClose CommentsPermalink
Sec. 343. Comptroller General report on the use of the Army Reserve and National Guard as an operational reserve.CommentsClose CommentsPermalink
Sec. 344. Comptroller General report on link between preparation and use of Army reserve component forces to support ongoing operations.CommentsClose CommentsPermalink
Sec. 345. Comptroller General report on adequacy of funding, staffing, and organization of Department of Defense Military Munitions Response Program.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 351. Extension of Enterprise Transition Plan reporting requirement.CommentsClose CommentsPermalink
Sec. 352. Demilitarization of loaned, given, or exchanged documents, historical artifacts, and condemned or obsolete combat materiel.CommentsClose CommentsPermalink
Sec. 353. Repeal of requirement that Secretary of Air Force provide training and support to other military departments for A-10 aircraft.CommentsClose CommentsPermalink
Sec. 354. Display of annual budget requirements for Air Sovereignty Alert Mission.CommentsClose CommentsPermalink
Sec. 355. Revision of certain Air Force regulations required.CommentsClose CommentsPermalink
Sec. 356. Transfer of C-12 aircraft to California Department of Forestry and Fire Protection.CommentsClose CommentsPermalink
Sec. 357. Limitation on treatment of retired B-52 aircraft for Air Combat Command headquarters.CommentsClose CommentsPermalink
Sec. 358. Increase of domestic breeding of military working dogs used by the Department of Defense.CommentsClose CommentsPermalink
Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink
SEC. 301. OPERATION AND MAINTENANCE FUNDING.CommentsClose CommentsPermalink
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, $31,251,702,000.CommentsClose CommentsPermalink
(2) For the Navy, $34,850,310,000.CommentsClose CommentsPermalink
(3) For the Marine Corps, $5,604,254,000.CommentsClose CommentsPermalink
(4) For the Air Force, $35,454,487,000.CommentsClose CommentsPermalink
(5) For Defense-wide activities, $25,948,864,000.CommentsClose CommentsPermalink
(6) For the Army Reserve, $2,642,341,000.CommentsClose CommentsPermalink
(7) For the Naval Reserve, $1,311,085,000.CommentsClose CommentsPermalink
(8) For the Marine Corps Reserve, $213,131,000.CommentsClose CommentsPermalink
(9) For the Air Force Reserve, $3,150,692,000.CommentsClose CommentsPermalink
(10) For the Army National Guard, $5,893,546,000.CommentsClose CommentsPermalink
(11) For the Air National Guard, $5,882,326,000.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, $496,277,000.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 Cooperative Threat Reduction programs, $434,135,000.CommentsClose CommentsPermalink
(20) For the Overseas Contingency Operations Transfer Fund, $9,101,000.CommentsClose CommentsPermalink
Subtitle B--Environmental ProvisionsCommentsClose CommentsPermalink
SEC. 311. AUTHORIZATION FOR DEPARTMENT OF DEFENSE PARTICIPATION IN CONSERVATION BANKING PROGRAMS.CommentsClose CommentsPermalink
(a) Participation Authorized- Chapter 159 of title 10, United States Code, is amended by inserting after section 2694b the following new section:CommentsClose CommentsPermalink
‘Sec. 2694c. Participation in conservation banking programsCommentsClose CommentsPermalink
‘(a) Authority to Participate- Subject to the availability of appropriated funds to carry out this section, the Secretary concerned, when engaged or proposing to engage in an activity described in subsection (b) that may or will result in an adverse impact to one or more species protected (or pending protection) under any applicable provision of law, or habitat for such species, may make payments to a conservation banking program or ‘in-lieu-fee’ mitigation sponsor approved in accordance with--CommentsClose CommentsPermalink
‘(1) the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995);CommentsClose CommentsPermalink
‘(2) the Guidance for the Establishment, Use, and Operation of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003);CommentsClose CommentsPermalink
‘(3) the Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act (65 Fed. Reg. 66915; November 7, 2000); orCommentsClose CommentsPermalink
‘(4) any successor or related administrative guidance or regulation.CommentsClose CommentsPermalink
‘(b) Covered Activities- Payments to a conservation banking program or ‘in-lieu-fee’ mitigation sponsor under subsection (a) may be made only for the purpose of facilitating one or more of the following activities:CommentsClose CommentsPermalink
‘(1) Military testing, operations, training, or other military activity.CommentsClose CommentsPermalink
‘(2) Military construction.CommentsClose CommentsPermalink
‘(c) Treatment of Amounts for Conservation Banking- Payments made under subsection (a) to a conservation banking program or ‘in-lieu-fee’ mitigation sponsor for the purpose of facilitating military construction may be treated as eligible costs of the military construction project.CommentsClose CommentsPermalink
‘(d) Secretary Concerned Defined- In this section, the term ‘Secretary concerned’ means--CommentsClose CommentsPermalink
‘(1) the Secretary of a military department; andCommentsClose CommentsPermalink
‘(2) the Secretary of Defense with respect to a Defense Agency.’.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 2694b the following new item:CommentsClose CommentsPermalink
‘2694c. Participation in conservation banking programs.’.CommentsClose CommentsPermalink
(c) Effective Date-
, as added by subsection (a), shall take effect on October 1, 2008, and only funds appropriated for fiscal years beginning after September 30, 2008, may be used to carry out such section.CommentsClose CommentsPermalink Section 2694c of title 10, United States Code
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE, WASHINGTON.CommentsClose CommentsPermalink
(a) Authority To Reimburse-CommentsClose CommentsPermalink
(1) TRANSFER AMOUNT- Using funds described in subsection (b) and notwithstanding
(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
SEC. 313. EXPAND COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF NATURAL RESOURCES TO INCLUDE OFF-INSTALLATION MITIGATION.CommentsClose CommentsPermalink
Section 103a(a) of the Sikes Act (
(1) by striking ‘to provide for the’ and inserting ‘to provide for the following:CommentsClose CommentsPermalink
‘(1) The’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) The maintenance and improvement of natural resources located off of a Department of Defense installation if the purpose of the cooperative agreement is to relieve or eliminate current or anticipated challenges that could restrict, impede, or otherwise interfere with, whether directly or indirectly, current or anticipated military activities.’.CommentsClose CommentsPermalink
SEC. 314. EXPEDITED USE OF APPROPRIATE TECHNOLOGY RELATED TO UNEXPLODED ORDNANCE DETECTION.CommentsClose CommentsPermalink
(a) Expedited Use of Appropriate Technologies- The Secretary shall expedite the use of appropriate unexploded ordnance detection instrument technology developed through research funded by the Department of Defense or developed by entities other than the Department of Defense.CommentsClose CommentsPermalink
(b) Report- Not later than October 1, 2009, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report describing and evaluating the following:CommentsClose CommentsPermalink
(1) The amounts allocated for research, development, test, and evaluation for unexploded ordnance detection technologies.CommentsClose CommentsPermalink
(2) The amounts allocated for transition of new unexploded ordnance detection technologies.CommentsClose CommentsPermalink
(3) Activities undertaken by the Department to transition such technologies and train operators on emerging detection instrument technologies.CommentsClose CommentsPermalink
(4) Any impediments to the transition of new unexploded ordnance detection instrument technologies to regular operation in remediation programs.CommentsClose CommentsPermalink
(5) The transfer of such technologies to private sector entities involved in the detection of unexploded ordnance.CommentsClose CommentsPermalink
(6) Activities undertaken by the Department to raise public awareness regarding unexploded ordnance.CommentsClose CommentsPermalink
(c) Unexploded Ordnance Defined- In this section, the term ‘unexploded ordnance’ has the meaning given such term in
SEC. 315. CLOSED LOOP RE-REFINING OF USED MOTOR VEHICLE LUBRICATING OIL.CommentsClose CommentsPermalink
(a) Study and Evaluation- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report which reviews the Department of Defense’s policies concerning the re-use, recycling, sale, and disposal of used motor vehicle lubricating oil, and shall include in the report an evaluation of the feasibility and desirability of implementing policies to require re-use or recycling through closed loop re-refining of used oil as a means of reducing total indirect energy usage and greenhouse gas emissions.CommentsClose CommentsPermalink
(b) Definition- For purposes of this section, the term ‘closed loop re-refining’ means the sale of used oil to entities that re-refine used oil into base oil and vehicle lubricants that meet Department of Defense and industry standards, and the purchase of re-refined oil produced through such re-refining process.CommentsClose CommentsPermalink
SEC. 316. COMPREHENSIVE PROGRAM FOR THE ERADICATION OF THE BROWN TREE SNAKE POPULATION FROM MILITARY FACILITIES IN GUAM.CommentsClose CommentsPermalink
The Secretary of Defense shall establish a comprehensive program to control and, to the extent practicable, eradicate the brown tree snake population from military facilities in Guam and to ensure that military activities, including the transport of civilian and military personnel and equipment to and from Guam, do not contribute to the spread of brown tree snakes.CommentsClose CommentsPermalink
Subtitle C--Workplace and Depot IssuesCommentsClose CommentsPermalink
SEC. 321. COMPREHENSIVE ANALYSIS AND DEVELOPMENT OF SINGLE GOVERNMENT-WIDE DEFINITION OF INHERENTLY GOVERNMENTAL FUNCTION AND CRITERIA FOR CRITICAL FUNCTIONS.CommentsClose CommentsPermalink
(a) Development and Implementation- The Director of the Office of Management and Budget, in consultation with appropriate representatives of the Chief Acquisition Officers Council under section 16A of the Office of Federal Procurement Policy Act (
(1) review the definitions of the term ‘inherently governmental function’ described in subsection (b) to determine whether such definitions are sufficiently focused to ensure that only officers or employees of the Federal Government or members of the Armed Forces perform inherently governmental functions or other critical functions necessary for the mission of a Federal department or agency;CommentsClose CommentsPermalink
(2) develop a single consistent definition for such term that would--CommentsClose CommentsPermalink
(A) address any deficiencies in the existing definitions, as determined pursuant to paragraph (1);CommentsClose CommentsPermalink
(B) reasonably apply to all Federal departments and agencies; andCommentsClose CommentsPermalink
(C) ensure that the head of each such department or agency is able to identify each position within that department or agency that exercises an inherently governmental function and should only be performed by officers or employees of the Federal Government or members of the Armed Forces;CommentsClose CommentsPermalink
(3) develop criteria to be used by the head of each such department or agency to--CommentsClose CommentsPermalink
(A) identify critical functions with respect to the unique missions and structure of that department or agency; andCommentsClose CommentsPermalink
(B) identify each position within that department or agency that, while the position may not exercise an inherently governmental function, nevertheless should only be performed by officers or employees of the Federal Government or members of the Armed Forces to ensure the department or agency maintains control of its mission and operations;CommentsClose CommentsPermalink
(4) in addition to the actions described under paragraphs (1), (2), and (3), provide criteria that would identify positions within Federal departments and agencies that are to be performed by officers or employees of the Federal Government or members of the Armed Forces to ensure that the head of each Federal department or agency--CommentsClose CommentsPermalink
(A) develops and maintains sufficient organic expertise and technical capability;CommentsClose CommentsPermalink
(B) develops guidance to implement the definition of inherently governmental as described in paragraph (2) and the criteria for critical functions as described in paragraph (3) in a manner that is consistent with agency missions and operational goals; andCommentsClose CommentsPermalink
(C) develops guidance to manage internal decisions regarding staffing in an integrated manner to ensure officers or employees of the Federal Government or members of the Armed Forces are filling critical management roles by identifying--CommentsClose CommentsPermalink
(i) functions, activities, or positions, or some combination thereof, orCommentsClose CommentsPermalink
(ii) additional mechanisms and factors, including the management or oversight of awarded contracts, statutory mandates, and international obligations; andCommentsClose CommentsPermalink
(5) solicit the views of the public regarding the matters identified in this section.CommentsClose CommentsPermalink
(b) Definitions of Inherently Governmental Function- The definitions of inherently governmental function described in this subsection are the definitions of such term that are contained in--CommentsClose CommentsPermalink
(1) the Federal Activities Inventory Reform Act of 1998 (
(2)
(3) Office of Management and Budget Circular A-76;CommentsClose CommentsPermalink
(4) the Federal Acquisition Regulation; andCommentsClose CommentsPermalink
(5) any other relevant Federal law or regulation, as determined by the Director of the Office of Management and Budget in consultation with the Chief Acquisition Officers Council and the Chief Human Capital Officers Council.CommentsClose CommentsPermalink
(c) Report to Congress- Not later than one year after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Chief Acquisition Officers Council and the Chief Human Capital Officers Council, shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Homeland Security and Governmental Affairs in the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report on the actions taken by the Director under this section. Such report shall contain each of the following:CommentsClose CommentsPermalink
(1) A description of the actions taken by the Director under this section to develop a single definition of inherently governmental function and criteria for critical functions.CommentsClose CommentsPermalink
(2) Such legislative recommendations as the Director determines are necessary to further the purposes of this section.CommentsClose CommentsPermalink
(3) A description of such steps as may be necessary--CommentsClose CommentsPermalink
(A) to ensure that the single definition and criteria developed under this section are consistently applied through all Federal regulations, circulars, policy letters, agency guidance, and other documents;CommentsClose CommentsPermalink
(B) to repeal any existing Federal regulations, circular, policy letters, agency guidance and other documents determined to be superseded by the definition and criteria developed under this section; andCommentsClose CommentsPermalink
(C) to develop any necessary implementing guidance under this section for agency staffing and contracting decisions, along with appropriate milestones.CommentsClose CommentsPermalink
(d) Regulations- Not later than 180 days after submission of the report required by subsection (c), the Director of the Office of Management and Budget shall issue regulations to implement actions taken under this section to develop a single definition of inherently governmental function and criteria for critical functions.CommentsClose CommentsPermalink
SEC. 322. STUDY ON FUTURE DEPOT CAPABILITY.CommentsClose CommentsPermalink
(a) Study Required- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an independent research entity that is a not-for-profit entity or a federally-funded research and development center with appropriate expertise in logistics and logistics analytical capability to carry out a study on the capability and efficiency of the depots of the Department of Defense to provide the logistics capabilities and capacity necessary for national defense.CommentsClose CommentsPermalink
(b) Contents of Study- The study carried out under subsection (a) shall--CommentsClose CommentsPermalink
(1) be a quantitative analysis of the post-reset Department of Defense depot capability required to provide life cycle sustainment of military legacy systems and new systems and military equipment;CommentsClose CommentsPermalink
(2) take into consideration direct input from the Secretary of Defense and the logistics and acquisition leadership of the military departments, including materiel support and depot commanders;CommentsClose CommentsPermalink
(3) take into consideration input from regular and reserve components of the Armed Forces, both with respect to requirements for sustainment-level maintenance and the capability and capacity to perform depot-level maintenance and repair;CommentsClose CommentsPermalink
(4) identify and address each type of activity carried out at depots, installation directorates of logistics, regional sustainment-level maintenance sites, reserve component maintenance capability sites, theater equipment support centers, and Army field support brigade capabilities;CommentsClose CommentsPermalink
(5) examine relevant guidance provided and regulations prescribed by the Secretary of Defense and the Secretary of each of the military departments, including with respect to programming and budgeting and the annual budget displays provided to Congress; andCommentsClose CommentsPermalink
(6) examine any relevant applicable laws, including the relevant body of work performed by the Government Accountability Office.CommentsClose CommentsPermalink
(c) Issues to Be Addressed- The study required under subsection (a) shall address each of the following issues with respect to depots and depot capabilities:CommentsClose CommentsPermalink
(1) The life cycle sustainment maintenance strategies and implementation plans of the Department of Defense and the military departments that cover--CommentsClose CommentsPermalink
(A) the role of each type of maintenance activity;CommentsClose CommentsPermalink
(B) business operations;CommentsClose CommentsPermalink
(C) workload projection;CommentsClose CommentsPermalink
(D) outcome-based performance management objectives;CommentsClose CommentsPermalink
(E) the adequacy of information technology systems, including workload management systems;CommentsClose CommentsPermalink
(F) the workforce, including skills required and development;CommentsClose CommentsPermalink
(G) budget and fiscal planning policies; andCommentsClose CommentsPermalink
(H) capital investment strategies, including the implementation of
(2) Current and future maintenance environments, including--CommentsClose CommentsPermalink
(A) performance-based logistics;CommentsClose CommentsPermalink
(B) supply chain management;CommentsClose CommentsPermalink
(C) condition-based maintenance;CommentsClose CommentsPermalink
(D) reliability-based maintenance;CommentsClose CommentsPermalink
(E) consolidation and centralization, including--CommentsClose CommentsPermalink
(i) regionalization;CommentsClose CommentsPermalink
(ii) two-level maintenance; andCommentsClose CommentsPermalink
(iii) forward-based depot capacity;CommentsClose CommentsPermalink
(F) public-private partnerships;CommentsClose CommentsPermalink
(G) private-sector depot capability and capacity; andCommentsClose CommentsPermalink
(H) the impact of proprietary technical documentation.CommentsClose CommentsPermalink
(3) The adequate visibility of the maintenance workload of each military department in reports submitted to Congress, including--CommentsClose CommentsPermalink
(A) whether the depot budget lines in current budget displays accurately reflect depot level workloads;CommentsClose CommentsPermalink
(B) the accuracy of core and 50/50 calculations;CommentsClose CommentsPermalink
(C) the usefulness of current reporting requirements to the oversight function of senior military and congressional leaders; andCommentsClose CommentsPermalink
(D) whether current budgetary guidelines provide sufficient financial flexibility during the year of execution to permit the heads of the military departments to make best-value decisions between maintenance activities.CommentsClose CommentsPermalink
(4) Such other information as determined relevant by the entity carrying out the study.CommentsClose CommentsPermalink
(d) Availability of Information- The Secretary of Defense and the Secretaries of each of the military departments shall make available to the entity carrying out the study under subsection (a) all necessary and relevant information to allow the entity to conduct the study in a quantitative and analytical manner.CommentsClose CommentsPermalink
(e) Reports to Committees on Armed Services-CommentsClose CommentsPermalink
(1) INTERIM REPORT- The contract that the Secretary enters into under subsection (a) shall provide that not later than one year after the commencement of the study conducted under this section, the chief executive officer of the entity that carries out the study pursuant to the contract shall submit to the Committees on Armed Services of the Senate and House of Representatives an interim report on the study.CommentsClose CommentsPermalink
(2) FINAL REPORT- Such contract shall provide that not later than 22 months after the date on which the Secretary of Defense enters into the contract under subsection (a), the chief executive officer of the entity that carries out the study pursuant to the contract shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report on the study. The report shall include each of the following:CommentsClose CommentsPermalink
(A) A description of the depot maintenance environment, as of the date of the conclusion of the study, and the anticipated future environment, together with the quantitative data used in conducting the assessment of such environments under the study.CommentsClose CommentsPermalink
(B) Recommendations with respect to what would be required to maintain, in a post-reset environment, an efficient and enduring Department of Defense depot capability necessary for national defense.CommentsClose CommentsPermalink
(C) Recommendations with respect to any changes to any applicable law that would be appropriate for a post-reset depot maintenance environment.CommentsClose CommentsPermalink
(D) Recommendations with respect to the methodology of the Department of Defense for determining core logistics requirements, including an assessment of risk.CommentsClose CommentsPermalink
(E) Proposed business rules that would provide incentives for the Secretary of Defense and the Secretaries of the military departments to keep Department of Defense depots efficient and cost effective, including the workload level required for efficiency.CommentsClose CommentsPermalink
(F) A proposed strategy for enabling, requiring, and monitoring the ability of the Department of Defense depots to produce performance-driven outcomes and meet materiel readiness goals with respect to availability, reliability, total ownership cost, and repair cycle time.CommentsClose CommentsPermalink
(G) Comments provided by the Secretary of Defense and the Secretaries of the military departments on the findings and recommendations of the study.CommentsClose CommentsPermalink
(f) Comptroller General Review- Not later than 90 days after the date on which the report under subsection (e)(2) is submitted, the Comptroller General shall review the report and submit to the Committees on Armed Services of the Senate and House of Representatives an assessment of the feasibility of the recommendations and whether the findings are supported by the data and information examined.CommentsClose CommentsPermalink
(g) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term ‘depot-level maintenance and repair’ has the meaning given that term under
(2) The term ‘reset’ means actions taken to repair, enhance, or replace military equipment used in support of operations underway as of the date of the enactment of this Act and associated sustainment.CommentsClose CommentsPermalink
(3) The term ‘military equipment’ includes all weapon systems, weapon platforms, vehicles and munitions of the Department of Defense, and the components of such items.CommentsClose CommentsPermalink
SEC. 323. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF HIGH-PERFORMING ORGANIZATIONS.CommentsClose CommentsPermalink
Not later than 120 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a review on the high-performing organization initiatives of the Department of Defense. The review shall include each of the following for each such initiative reviewed:CommentsClose CommentsPermalink
(1) Any policies or guidance developed to implement the initiative.CommentsClose CommentsPermalink
(2) Whether the initiative was undertaken pursuant to the pilot project under section 337 of the National Defense Authorization Act for Fiscal Year 2004 (
(3) The cost of development and implementation of the initiative.CommentsClose CommentsPermalink
(4) Any cost savings and overall financial improvements promised or realized by reason of the initiative and an analysis of how such savings or improvements were calculated.CommentsClose CommentsPermalink
(5) Whether criteria were developed to measure the performance, efficiency, and effectiveness improvements of the initiative.CommentsClose CommentsPermalink
(6) The effect of the initiative on the workforce, including any relocations, change in collective bargaining status, or reductions in force that may have resulted.CommentsClose CommentsPermalink
(7) Whether and to what extent employees and their representatives were consulted in the development and implementation of the initiative.CommentsClose CommentsPermalink
SEC. 324. CONSOLIDATION OF AIR FORCE AND AIR NATIONAL GUARD AIRCRAFT MAINTENANCE.CommentsClose CommentsPermalink
(a) Restriction on Implementation of Consolidation- The Secretary of the Air Force shall not implement the consolidation of aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard or the consolidation of aircraft repair facilities and personnel of the Air National Guard with aircraft repair facilities and personnel of the active Air Force unless and until the Secretary of the Air Force submits the reports required by (b) and (c), the Chief of the National Guard Bureau submits the assessment required by subsection (d), and the Secretary of Defense submits the certification required by subsection (e).CommentsClose CommentsPermalink
(b) Report on Criteria- Not later than 30 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report stating all the criteria being used by the Department of the Air Force and the Rand Corporation to evaluate the feasibility of consolidating Air Force maintenance functions into organizations that would integrate active, Guard, and Reserve components into a total-force approach. The report shall include the assumptions that were provided to or developed by the Rand Corporation for their study of the feasibility of the consolidation proposal.CommentsClose CommentsPermalink
(c) Report on Feasibility Study- At least 90 days before any consolidation of aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the findings of the Rand Corporation feasibility study and the Rand Corporation’s recommendations, the Air Force’s assessment of the findings and recommendations, any plans developed for implementation of the consolidation, and a delineation of all infrastructure costs anticipated as a result of implementation.CommentsClose CommentsPermalink
(d) Assessment by Chief of the National Guard Bureau- Not later than 30 days after the date on which the report required by subsection (c) is submitted, the Chief of the National Guard Bureau shall submit to the Committees on Armed Services of the Senate and House of Representatives a written assessment of--CommentsClose CommentsPermalink
(1) the proposed actions to consolidate aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard by the Secretary of the Air Force; andCommentsClose CommentsPermalink
(2) the information included in the report required by subsection (c).CommentsClose CommentsPermalink
(e) Certification by the Secretary of Defense- After the Secretary of the Air Force submits the reports required by subsections (b) and (c), and before any consolidation of aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard by the Secretary of the Air Force, the Secretary of Defense shall certify that such consolidation is in the national interest and will not adversely affect recruitment, retention, or execution of the Air National Guard mission in the individual States.CommentsClose CommentsPermalink
SEC. 325. REPORT ON AIR FORCE CIVILIAN PERSONNEL CONSOLIDATION PLAN.CommentsClose CommentsPermalink
(a) Report Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the Air Force plan for implementing the direction of the Base Realignment and Closure Commission for the consolidation of transactional workloads from the civilian personnel offices within the service components and defense agencies, retaining sufficient positions and personnel at the large civilian centers to perform the personnel management advisory services, including non-transactional functions, necessary to support the civilian workforce.CommentsClose CommentsPermalink
(b) Contents of Report- At a minimum, the report required by subsection (a) shall address the steps taken by the Air Force to ensure that such direction is implemented in a manner that best meets the future needs of the Air Force, and shall address each of the following:CommentsClose CommentsPermalink
(1) The anticipated positive or negative effect on the productivity and mission accomplishment of the managed workforces at the different commands.CommentsClose CommentsPermalink
(2) The potential future efficiencies to be achieved through an enterprise-wide transformation of civilian personnel services.CommentsClose CommentsPermalink
(3) The size and complexity of the civilian workforce.CommentsClose CommentsPermalink
(4) The extent to which mission accomplishment is dependent upon the productivity of the civilian workforce.CommentsClose CommentsPermalink
(5) Input from the commanders of the large civilian centers regarding the effect of consolidation on workforce productivity and costs.CommentsClose CommentsPermalink
(6) The status of ongoing consolidation efforts at the Air Force Personnel Center at Randolph Air Force Base, Texas, and the target timelines for delivery of services to the various installations.CommentsClose CommentsPermalink
(7) The advantages and disadvantages of retaining certain personnel management and advisory services functions at the large civilian centers under local command authority to include on-site control of staffing of positions filled through internal or external recruitment processes, employee management relations, labor force planning and management, and managing workers compensation programs.CommentsClose CommentsPermalink
(8) The standards and timeliness for transitioning the personnel classifications currently performed by large civilian centers, the transition plan, particularly as it assures ready access to classifications needed for staffing and other purposes by the large civilian centers, and the expected performance and evaluation standards for providing classification services to the large civilian centers once the transition is complete.CommentsClose CommentsPermalink
(c) Updates of Report- The Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives biannual updates of the report required under subsection (a) until January 3, 2012.CommentsClose CommentsPermalink
SEC. 326. REPORT ON REDUCTION IN NUMBER OF FIREFIGHTERS ON AIR FORCE BASES.CommentsClose CommentsPermalink
To ensure that the Air Force is meeting the minimum safety standards for staffing, equipment, and training, as required by Department of Defense Installation and Environment Instruction 6055.6, the Secretary of the Air Force shall submit to Congress, by not later than 90 days after the date of the enactment of this Act, a report on the effects of the reduction in the number of fire fighters on Air Force bases during the three fiscal years preceding the fiscal year in which the report is submitted. Such report shall include each of the following:CommentsClose CommentsPermalink
(1) An evaluation of current fire fighting capability of the Air Force and whether the reduction in the number of fire fighters on Air Force bases has increased the risk of harm to either fire fighters or those they may serve in response to an emergency.CommentsClose CommentsPermalink
(2) An evaluation of whether adequate capability exists in the municipal communities surrounding the Air Force bases covered by the report to support a base aircraft rescue or to respond to a fire involving a combat aircraft, cargo aircraft, or weapon system.CommentsClose CommentsPermalink
(3) An evaluation of the effects that the reductions in fire fighting personnel or functions have had on the certifications of Air Force base fire departments.CommentsClose CommentsPermalink
(4) If the Secretary determines that reductions in the number of fire fighting personnel during the fiscal years covered by the report have negatively affected the ability of fire fighters on Air Forces bases to perform their missions, a plan to restore the fire fighting personnel needed to adequately support such missions.CommentsClose CommentsPermalink
SEC. 327. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.CommentsClose CommentsPermalink
(a) Additional Army Depots- Subsection (e)(1) of
‘(F) Watervliet Arsenal, New York.CommentsClose CommentsPermalink
‘(G) Rock Island Arsenal, Illinois.CommentsClose CommentsPermalink
‘(H) Pine Bluff Arsenal, Arkansas.’.CommentsClose CommentsPermalink
(b) Separate Consideration and Reporting of Navy Depots and Marine Corps Depots- Such section is further amended--CommentsClose CommentsPermalink
(1) in subsection (d)(2), by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(D) Separate consideration and reporting of Navy Depots and Marine Corps depots.’; andCommentsClose CommentsPermalink
(2) in subsection (e)(2)--CommentsClose CommentsPermalink
(A) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively, and indenting the margins of such clauses, as so redesignated, 6 ems from the left margin;CommentsClose CommentsPermalink
(B) by inserting after ‘Department of the Navy:’ the following:CommentsClose CommentsPermalink
‘(A) The following Navy depots:’;CommentsClose CommentsPermalink
(C) by inserting after clause (vii), as redesignated by subparagraph (A), the following:CommentsClose CommentsPermalink
‘(B) The following Marine Corps depots:’; andCommentsClose CommentsPermalink
(D) by redesignating subparagraphs (H) and (I) as clauses (i) and (ii), respectively, and indenting the margins of such clauses, as so redesignated, 6 ems from the left margin.CommentsClose CommentsPermalink
Subtitle D--Energy SecurityCommentsClose CommentsPermalink
SEC. 331. ANNUAL REPORT ON OPERATIONAL ENERGY MANAGEMENT AND IMPLEMENTATION OF OPERATIONAL ENERGY STRATEGY.CommentsClose CommentsPermalink
(a) Report Required-
‘(b) Annual Report Related to Operational Energy- (1) Simultaneous with the annual report required by subsection (a), the Secretary of Defense, acting through the Director of Operational Energy Plans and Programs, shall submit to the congressional defense committees a report on operational energy management and the implementation of the operational energy strategy established pursuant to section 139b of this title.CommentsClose CommentsPermalink
‘(2) The annual report under this subsection shall address and include the following:CommentsClose CommentsPermalink
‘(A) Statistical information on operational energy demands, in terms of expenditures and consumption, for the preceding five fiscal years, including funding made available in regular defense appropriations Acts and any supplemental appropriation Acts.CommentsClose CommentsPermalink
‘(B) An estimate of operational energy demands for the current fiscal year and next fiscal year, including funding requested to meet operational energy demands in the budget submitted to Congress under section 1105 of title 31 and in any supplemental requests.CommentsClose CommentsPermalink
‘(C) A description of each initiative related to the operational energy strategy and a summary of funds appropriated for each initiative in the previous fiscal year and current fiscal year and requested for each initiative for the next five fiscal years.CommentsClose CommentsPermalink
‘(D) An evaluation of progress made by the Department of Defense--CommentsClose CommentsPermalink
‘(i) in implementing the operational energy strategy, including the progress of key initiatives and technology investments related to operational energy demand and management; andCommentsClose CommentsPermalink
‘(ii) in meeting the operational energy goals set forth in the strategy.CommentsClose CommentsPermalink
‘(E) Such recommendations as the Director considers appropriate for additional changes in organization or authority within the Department of Defense to enable further implementation of the energy strategy and such other comments and recommendations as the Director considers appropriate.CommentsClose CommentsPermalink
‘(3) If a report under this subsection is submitted in a classified form, the Secretary shall concurrently submit to the congressional defense committees an unclassified version of the information required by this subsection.CommentsClose CommentsPermalink
‘(4) In this subsection, the term ‘operational energy’ means the energy required for training, moving, and sustaining military forces and weapons platforms for military operations. The term includes energy used by tactical power systems and generators and weapons platforms.’.CommentsClose CommentsPermalink
(b) Clerical Amendments-CommentsClose CommentsPermalink
(1) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 2925. Annual Department of Defense energy management reports’.CommentsClose CommentsPermalink
(2) TABLE OF SECTIONS- The table of sections at the beginning of subchapter III of chapter 173 of such title is amended by striking the item relating to section 2925 and inserting the following new item:CommentsClose CommentsPermalink
‘2925. Annual Department of Defense energy management reports.’.CommentsClose CommentsPermalink
SEC. 332. CONSIDERATION OF FUEL LOGISTICS SUPPORT REQUIREMENTS IN PLANNING, REQUIREMENTS DEVELOPMENT, AND ACQUISITION PROCESSES.CommentsClose CommentsPermalink
(a) Planning- In the case of analyses and force planning processes that are used to establish capability requirements and inform acquisition decisions, the Secretary of Defense shall require that analyses and force planning processes consider the requirements for, and vulnerability of, fuel logistics.CommentsClose CommentsPermalink
(b) Capability Requirements Development Process- The Secretary of Defense shall develop and implement a methodology to enable the implementation of a fuel efficiency key performance parameter in the requirements development process for the modification of existing or development of new fuel consuming systems.CommentsClose CommentsPermalink
(c) Acquisition Process- The Secretary of Defense shall require that the life-cycle cost analysis for new capabilities include the fully burdened cost of fuel during analysis of alternatives and evaluation of alternatives and acquisition program design trades.CommentsClose CommentsPermalink
(d) Implementation Plan- The Secretary of Defense shall prepare a plan for implementing the requirements of this section. The plan shall be completed not later than 180 days after the date of the enactment of this Act and provide for the implementation of the requirements by not later than three years after the date of the enactment of this Act.CommentsClose CommentsPermalink
(e) Progress Report- Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing progress made to implement the requirements of this section, including an assessment of whether the implementation plan required by section (d) is being carried out on schedule.CommentsClose CommentsPermalink
(f) Notification of Compliance- As soon as practicable during the three-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall notify the congressional defense committees that the Secretary has complied with the requirements of this section. If the Secretary is unable to provide the notification, the Secretary shall submit to the congressional defense committees at the end of the three-year period a report containing--CommentsClose CommentsPermalink
(1) an explanation of the reasons why the requirements, or portions of the requirements, have not been implemented; andCommentsClose CommentsPermalink
(2) a revised plan under subsection (d) to complete implementation or a rationale regarding why portions of the requirements cannot or should not be implemented.CommentsClose CommentsPermalink
(g) Fully Burdened Cost of Fuel Defined- In this section, the term ‘fully burdened cost of fuel’ means the commodity price for fuel plus the total cost of all personnel and assets required to move and, when necessary, protect the fuel from the point at which the fuel is received from the commercial supplier to the point of use.CommentsClose CommentsPermalink
SEC. 333. STUDY ON SOLAR AND WIND ENERGY FOR USE FOR EXPEDITIONARY FORCES.CommentsClose CommentsPermalink
(a) Study Required- The Secretary of Defense shall conduct a study to examine the feasibility of using solar and wind energy to provide electricity for expeditionary forces.CommentsClose CommentsPermalink
(b) Matters Examined- In conducting the study required by subsection (a), the Secretary shall examine, at a minimum, each of the following:CommentsClose CommentsPermalink
(1) The potential for solar and wind energy to reduce the fuel supply needed to provide electricity for expeditionary forces and the extent to which such reduction will decrease the risk of casualties by reducing the number of convoys needed to supply fuel to forward operating locations.CommentsClose CommentsPermalink
(2) The cost of using solar and wind energy to provide electricity.CommentsClose CommentsPermalink
(3) The potential savings of using solar and wind energy to provide electricity compared to current methods.CommentsClose CommentsPermalink
(4) The environmental benefits of using solar and wind energy to provide electricity instead of the current methods.CommentsClose CommentsPermalink
(5) The sustainability and operating requirements of solar and wind energy systems for providing electricity compared to current methods.CommentsClose CommentsPermalink
(6) Potential opportunities for experimenting with the use of deployable solar and wind energy systems in current training environments, including remote areas of training ranges.CommentsClose CommentsPermalink
(c) Report- Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the study required by subsection (a).CommentsClose CommentsPermalink
SEC. 334. STUDY ON ALTERNATIVE AND SYNTHETIC FUELS.CommentsClose CommentsPermalink
(a) Study Required- The Secretary of Defense shall conduct a study on alternatives to reduce the life cycle emissions of alternative and synthetic fuels (including coal-to-liquid fuels).CommentsClose CommentsPermalink
(b) Matters Examined- The study shall examine, at a minimum, the following:CommentsClose CommentsPermalink
(1) The potential clean energy alternatives for powering the conversion processes, including nuclear, solar, and wind energies.CommentsClose CommentsPermalink
(2) The alternatives for reducing carbon emissions during the conversion processes.CommentsClose CommentsPermalink
(3) The military utility of domestically-produced alternative and synthetic fuels for military operations and for use by expeditionary forces compared with the military utility and life cycle emissions of mobile, in-theater synthetic fuel processes.CommentsClose CommentsPermalink
(4) The goals and progress of the military departments related to the research, testing, and certification for use of alternative or synthetic fuels in military vehicles and aircraft.CommentsClose CommentsPermalink
(5) An analysis of trends, levels of investment, and the development of refining capacity in the alternative or synthetic fuel industry capable of meeting fuel requirements for the Department of Defense.CommentsClose CommentsPermalink
(c) Use of Federally Funded Research and Development Center- The Secretary of Defense shall select a federally funded research and development center to perform the study required by subsection (a).CommentsClose CommentsPermalink
(d) Report- Not later than March 1, 2009, the federally funded research and development center shall submit to the congressional defense committees and the Secretary of Defense a report on the results of the study required by subsection (a).CommentsClose CommentsPermalink
SEC. 335. MITIGATION OF POWER OUTAGE RISKS FOR DEPARTMENT OF DEFENSE FACILITIES AND ACTIVITIES.CommentsClose CommentsPermalink
(a) Risk Assessment- The Secretary of Defense shall conduct a comprehensive technical and operational risk assessment of the risks posed to mission critical installations, facilities, and activities of the Department of Defense by extended power outages resulting from failure of the commercial electricity supply or grid and related infrastructure.CommentsClose CommentsPermalink
(b) Risk Mitigation Plans-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Defense shall develop integrated prioritized plans to eliminate, reduce, or mitigate significant risks identified in the risk assessment under subsection (a).CommentsClose CommentsPermalink
(2) ADDITIONAL CONSIDERATIONS- In developing the risk mitigation plans under paragraph (1), the Secretary of Defense shall--CommentsClose CommentsPermalink
(A) prioritize the mission critical installations, facilities, and activities that are subject to the greatest and most urgent risks; andCommentsClose CommentsPermalink
(B) consider the cost effectiveness of risk mitigation options.CommentsClose CommentsPermalink
(c) Annual Report-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Defense shall submit a report on the efforts of the Department of Defense to mitigate the risks described in subsection (a) as part of the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2010 and each fiscal year thereafter (as submitted with the budget of the President under
(2) CONTENT- Each report submitted under paragraph (1) shall describe the integrated prioritized plans developed under subsection (b) and the progress made toward achieving the goals established under such subsection.CommentsClose CommentsPermalink
Subtitle E--ReportsCommentsClose CommentsPermalink
SEC. 341. COMPTROLLER GENERAL REPORT ON READINESS OF ARMED FORCES.CommentsClose CommentsPermalink
(a) Report Required-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than June 1, 2009, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the readiness of the regular and reserve components of the Armed Forces. The report shall be unclassified but may contain a classified annex.CommentsClose CommentsPermalink
(2) ONE OR MORE REPORTS- In complying with the requirements of this section, the Comptroller General may submit a single report addressing all the elements specified in subsection (b) or two or more reports addressing any combination of such elements.CommentsClose CommentsPermalink
(b) Elements- The elements specified in this subsection are the following:CommentsClose CommentsPermalink
(1) An analysis of the readiness status, as of the date of the enactment of this Act, of the regular and reserve components of the Army and the Marine Corps, including any significant changes in any trends with respect to such components since 2001.CommentsClose CommentsPermalink
(2) An analysis of the readiness status, as of such date, of the regular and reserve components of the Air Force and the Navy, including a description of any major factors that affect the ability of the Navy or Air Force to provide trained and ready forces for ongoing operations and to meet overall readiness goals.CommentsClose CommentsPermalink
(3) An analysis of the efforts of the Secretary of each military department to address any major factors affecting the readiness of the regular and reserve components under the jurisdiction of that Secretary.CommentsClose CommentsPermalink
SEC. 342. REPORT ON PLAN TO ENHANCE COMBAT SKILLS OF NAVY AND AIR FORCE PERSONNEL.CommentsClose CommentsPermalink
(a) Report Required- At the same time as the budget for fiscal year 2010 is submitted to Congress under
(1) the plans of the Secretary of the Navy to improve the combat skills of the members of the Navy; andCommentsClose CommentsPermalink
(2) the plans of the Secretary of the Air Force to improve the combat skills of the members of the Air Force.CommentsClose CommentsPermalink
(b) Elements of Report- The report required under subsection (a) shall include each of the following:CommentsClose CommentsPermalink
(1) The criteria that the Secretary of the Air Force and the Secretary of the Navy use to select permanent sites for their Common Battlefield Airmen Training and Expeditionary Combat Skills courses.CommentsClose CommentsPermalink
(2) An identification of the extent to which the Secretary of the Navy and Secretary of the Air Force coordinated with each other and with the Secretary of the Army and the Commandant of the Marine Corps with respect to their plans to expand combat skills training for members of the Navy and Air Force, respectively, together with a complete list of bases or locations that were considered as possible sites for the coordinated training.CommentsClose CommentsPermalink
(3) The estimated implementation and sustainment costs for the Air Force Common Battlefield Airmen Training and Navy Expeditionary Combat Skills courses.CommentsClose CommentsPermalink
(4) The estimated cost savings, if any, which could result by carrying out such combat skills training at existing Department of Defense facilities or by using existing ground combat training resources.CommentsClose CommentsPermalink
SEC. 343. COMPTROLLER GENERAL REPORT ON THE USE OF THE ARMY RESERVE AND NATIONAL GUARD AS AN OPERATIONAL RESERVE.CommentsClose CommentsPermalink
(a) Report Required- Not later than June 1, 2009, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of the Army Reserve and Army National Guard forces as an operational reserve.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include a description of current and programmed resources, force structure, and organizational challenges that the Army Reserve and Army National Guard forces may face serving as an operational reserve, including--CommentsClose CommentsPermalink
(1) force structure;CommentsClose CommentsPermalink
(2) manning;CommentsClose CommentsPermalink
(3) equipment availability, maintenance, and logistics issues;CommentsClose CommentsPermalink
(4) training constraints limiting access to--CommentsClose CommentsPermalink
(A) facilities and ranges, including the Combat Training Centers; andCommentsClose CommentsPermalink
(B) military schools and skill training; andCommentsClose CommentsPermalink
(5) any conflicts with requirements under title 32, United States Code.CommentsClose CommentsPermalink
SEC. 344. COMPTROLLER GENERAL REPORT ON LINK BETWEEN PREPARATION AND USE OF ARMY RESERVE COMPONENT FORCES TO SUPPORT ONGOING OPERATIONS.CommentsClose CommentsPermalink
(a) Report Required- Not later than June 1, 2009, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the correlation between the preparation and operational use of the Army’s reserve component forces.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include--CommentsClose CommentsPermalink
(1) an analysis of the Army’s training relative to the employment of reserve component units--CommentsClose CommentsPermalink
(A) to execute the wartime or primary missions of the Army for which the units are designed; andCommentsClose CommentsPermalink
(B) to execute missions to which such units are assigned, as of the date of the enactment of this Act, in support of ongoing operations in Iraq and Afghanistan, including factors affecting unit or individual preparation, the effect of notification timelines, and access to training facilities, including the Combat Training Centers;CommentsClose CommentsPermalink
(2) an analysis of the effect of mobilization and deployment laws, regulations, goals, and policies on the Army’s ability to train and employ reserve component units for the purposes described in paragraph (1); andCommentsClose CommentsPermalink
(3) any other information that the Comptroller General determines is relevant.CommentsClose CommentsPermalink
SEC. 345. COMPTROLLER GENERAL REPORT ON ADEQUACY OF FUNDING, STAFFING, AND ORGANIZATION OF DEPARTMENT OF DEFENSE MILITARY MUNITIONS RESPONSE PROGRAM.CommentsClose CommentsPermalink
(a) Report Required- Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the adequacy of the funding, staffing, and organization of the Military Munitions Response Program of the Department of Defense.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include--CommentsClose CommentsPermalink
(1) an analysis of the funding, staffing, and organization of the Military Munitions Response Program; andCommentsClose CommentsPermalink
(2) an assessment of the Program mechanisms for the accountability, reporting, and monitoring of the progress of munitions response projects and methods to reduce the length of time of such projects.CommentsClose CommentsPermalink
Subtitle F--Other MattersCommentsClose CommentsPermalink
SEC. 351. EXTENSION OF ENTERPRISE TRANSITION PLAN REPORTING REQUIREMENT.CommentsClose CommentsPermalink
SEC. 352. DEMILITARIZATION OF LOANED, GIVEN, OR EXCHANGED DOCUMENTS, HISTORICAL ARTIFACTS, AND CONDEMNED OR OBSOLETE COMBAT MATERIEL.CommentsClose CommentsPermalink
(1) in paragraph (1), by adding at the end the following new sentence: ‘The Secretary concerned shall ensure that an item authorized to be donated under this section is demilitarized in the interest of public safety, as determined necessary by the Secretary or the Secretary’s delegee.’; andCommentsClose CommentsPermalink
(2) in paragraph (2)(A), by inserting before the period at the end the following: ‘, including any expense associated with demilitarizing an item under paragraph (1), for which the recipient of the item shall be responsible’.CommentsClose CommentsPermalink
SEC. 353. REPEAL OF REQUIREMENT THAT SECRETARY OF AIR FORCE PROVIDE TRAINING AND SUPPORT TO OTHER MILITARY DEPARTMENTS FOR A-10 AIRCRAFT.CommentsClose CommentsPermalink
(a) Repeal- Chapter 901 of title 10, United States Code, is amended by striking section 9316.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by striking the item relating to section 9316.CommentsClose CommentsPermalink
SEC. 354. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR AIR SOVEREIGNTY ALERT MISSION.CommentsClose CommentsPermalink
(a) Submission With Annual Budget Justification Documents- For fiscal year 2010 and each subsequent fiscal year, the Secretary of Defense shall submit to the President, for consideration by the President for inclusion with the budget materials submitted to Congress under
(b) Requirements for Budget Display- The budget display under subsection (a) for a fiscal year shall include for such fiscal year the following:CommentsClose CommentsPermalink
(1) The funding requirements for the Air Sovereignty Alert mission, and the associated Command and Control mission, including such requirements for--CommentsClose CommentsPermalink
(A) military personnel costs;CommentsClose CommentsPermalink
(B) flying hours; andCommentsClose CommentsPermalink
(C) any other associated mission costs.CommentsClose CommentsPermalink
(2) The amount in the budget for the Air Force for each of the items referred to in paragraph (1).CommentsClose CommentsPermalink
(3) The amount in the budget for the Air National Guard for each such item.CommentsClose CommentsPermalink
SEC. 355. REVISION OF CERTAIN AIR FORCE REGULATIONS REQUIRED.CommentsClose CommentsPermalink
(a) Revision Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall revise the Air Freight Transportation Regulation Number 5, dated January 15, 1999, to conform with Defense Transportation Regulations to ensure that freight covered by Air Freight Transportation Regulation Number 5 is carried in accordance with commercial best practices that are based upon a mode-neutral approach.CommentsClose CommentsPermalink
(b) Mode-Neutral Approach Defined- For purposes of this section, the term ‘mode-neutral approach’ means a method of shipment that allows a shipper to choose a carrier with a time-definite performance standard for delivery without specifying a particular mode of conveyance and allows the carrier to select the mode of conveyance using best commercial practices as long as the mode of conveyance can reasonably be expected to ensure the time-definite delivery requested by the shipper.CommentsClose CommentsPermalink
SEC. 356. TRANSFER OF C-12 AIRCRAFT TO CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION.CommentsClose CommentsPermalink
(a) Authority- The Secretary of the Army may convey to the California Department of Forestry and Fire Protection (hereinafter in this section referred to as ‘CAL FIRE’) all right, title, and interest of the United States in three C-12 aircraft that the Secretary has determined are surplus to need.CommentsClose CommentsPermalink
(b) Conveyance at No Cost to the United States- The conveyance of an aircraft authorized by this section shall be made at no cost to the United States. Any costs associated with such conveyance, costs of determining compliance with terms of the conveyance, and costs of operation and maintenance of the aircraft conveyed shall be borne by CAL FIRE.CommentsClose CommentsPermalink
SEC. 357. LIMITATION ON TREATMENT OF RETIRED B-52 AIRCRAFT FOR AIR COMBAT COMMAND HEADQUARTERS.CommentsClose CommentsPermalink
Section 131(a)(4) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
SEC. 358. INCREASE OF DOMESTIC BREEDING OF MILITARY WORKING DOGS USED BY THE DEPARTMENT OF DEFENSE.CommentsClose CommentsPermalink
(a) Increased Capacity- The Secretary of Defense, acting through the Executive Agent for Military Working Dogs (hereinafter in this section referred to as the ‘Executive Agent’), shall--CommentsClose CommentsPermalink
(1) identify the number of military working dogs required to fulfill the various missions of the Department of Defense for which such dogs are used, including force protection, facility and check point security, and explosives and drug detection;CommentsClose CommentsPermalink
(2) take such steps as are practicable to ensure an adequate number of military working dog teams are available to meet and sustain the mission requirements identified in paragraph (1);CommentsClose CommentsPermalink
(3) ensure that the Department’s needs and performance standards with respect to military working dogs are readily available to dog breeders and trainers; andCommentsClose CommentsPermalink
(4) coordinate with other Federal, State, or local agencies, nonprofit organizations, universities, or private sector entities, as appropriate, to increase the training capacity for military working dog teams.CommentsClose CommentsPermalink
(b) Military Working Dog Procurement- The Secretary, acting through the Executive Agent shall work to ensure that military working dogs are procured as efficiently as possible and at the best value to the Government, while maintaining the necessary level of quality and encouraging increased domestic breeding.CommentsClose CommentsPermalink
(c) Military Working Dog Defined- For purposes of this section, the term ‘military working dog’ means a dog used in any official military capacity, as defined by the Secretary of Defense.CommentsClose CommentsPermalink
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.CommentsClose CommentsPermalink
Sec. 402. Revision in permanent active duty end strength minimum levels.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
Sec. 416. Additional waiver authority of limitation on number of reserve component members authorized to be on active duty.CommentsClose CommentsPermalink
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.CommentsClose CommentsPermalink
Subtitle A--Active ForcesCommentsClose CommentsPermalink
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.CommentsClose CommentsPermalink
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, 326,323.CommentsClose CommentsPermalink
(3) The Marine Corps, 194,000.CommentsClose CommentsPermalink
(4) The Air Force, 317,050.CommentsClose CommentsPermalink
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVELS.CommentsClose CommentsPermalink
‘(1) For the Army, 532,400.CommentsClose CommentsPermalink
‘(2) For the Navy, 325,300.CommentsClose CommentsPermalink
‘(3) For the Marine Corps, 194,000.CommentsClose CommentsPermalink
‘(4) For the Air Force, 317,050.’.CommentsClose CommentsPermalink
Subtitle B--Reserve ForcesCommentsClose CommentsPermalink
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.CommentsClose CommentsPermalink
(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, 106,756.CommentsClose CommentsPermalink
(6) The Air Force Reserve, 67,400.CommentsClose CommentsPermalink
(7) The Coast Guard Reserve, 10,000.CommentsClose CommentsPermalink
(b) End Strength Reductions- 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
(c) End Strength Increases- Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.CommentsClose CommentsPermalink
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.CommentsClose CommentsPermalink
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, 32,060.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, 14,360.CommentsClose CommentsPermalink
(6) The Air Force Reserve, 2,733.CommentsClose CommentsPermalink
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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
SEC. 416. ADDITIONAL WAIVER AUTHORITY OF LIMITATION ON NUMBER OF RESERVE COMPONENT MEMBERS AUTHORIZED TO BE ON ACTIVE DUTY.CommentsClose CommentsPermalink
(a) Additional Waiver Authority- Subsection (a) of
(1) by inserting ‘(1)’ before ‘If at the end’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) When a designation of a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
)) is in effect, the President may waive any statutory limit that would otherwise apply during the period of the designation on the number of members of a reserve component who are authorized to be on active duty under subparagraph (A) or (B) of section 115(b)(1) of this title, if the President determines the waiver is necessary to provide assistance in responding to the major disaster or emergency.’.CommentsClose CommentsPermalink 42 U.S.C. 5122
(b) Termination of Waiver- Subsection (b) of such section is amended--CommentsClose CommentsPermalink
(1) by striking the subsection heading and inserting the following: ‘Termination of Waiver- (1)’;CommentsClose CommentsPermalink
(2) by striking ‘subsection (a)’ and inserting ‘subsection (a)(1)’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) A waiver granted under subsection (a)(2) shall terminate not later than 90 days after the date on which the designation of the major disaster or emergency that was the basis for the waiver expires.’.CommentsClose CommentsPermalink
(c) Clerical Amendments-CommentsClose CommentsPermalink
(1) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 123a. Suspension of end-strength and other strength limitations in time of war or national emergency’.CommentsClose CommentsPermalink
(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 123a and inserting the following new item:CommentsClose CommentsPermalink
‘123a. Suspension of end-strength and other strength limitations in time of war or national emergency.’.CommentsClose CommentsPermalink
Subtitle C--Authorization of AppropriationsCommentsClose CommentsPermalink
SEC. 421. MILITARY PERSONNEL.CommentsClose CommentsPermalink
There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2009 a total of $124,791,336,000. The authorization in the preceding sentence supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2009.CommentsClose CommentsPermalink
TITLE V--MILITARY PERSONNEL POLICYCommentsClose CommentsPermalink
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Mandatory separation requirements for regular warrant officers for length of service.CommentsClose CommentsPermalink
Sec. 502. Requirements for issuance of posthumous commissions and warrants.CommentsClose CommentsPermalink
Sec. 503. Authorized number of general officers on active duty in the Army and Marine Corps, limited exclusion for joint duty requirements, and increase in number of officers serving in grades above major general and rear admiral.CommentsClose CommentsPermalink
Sec. 504. Modification of authority on Staff Judge Advocate to the Commandant of the Marine Corps.CommentsClose CommentsPermalink
Sec. 505. Eligibility of reserve officers to serve on boards of inquiry for separation of regular officers for substandard performance and other reasons.CommentsClose CommentsPermalink
Sec. 506. Delayed authority to alter distribution requirements for commissioned officers on active duty in general officer and flag officer grades and limitations on authorized strengths of general and flag officers on active duty.CommentsClose CommentsPermalink
Subtitle B--Reserve Component Management
Sec. 511. Extension to other reserve components of Army authority for deferral of mandatory separation of military technicians (dual status) until age 60.CommentsClose CommentsPermalink
Sec. 512. Modification of authorized strengths for certain Army National Guard, Marine Corps Reserve, and Air National Guard officers and Army National Guard enlisted personnel serving on full-time reserve component duty.CommentsClose CommentsPermalink
Sec. 513. Clarification of authority to consider for a vacancy promotion National Guard officers ordered to active duty in support of a contingency operation.CommentsClose CommentsPermalink
Sec. 514. Increase in mandatory retirement age for certain Reserve officers.CommentsClose CommentsPermalink
Sec. 515. Age limit for retention of certain Reserve officers on active-status list as exception to removal for years of commissioned service.CommentsClose CommentsPermalink
Sec. 516. Authority to retain Reserve chaplains and officers in medical and related specialties until age 68.CommentsClose CommentsPermalink
Sec. 517. Modification of authorities on dual duty status of National Guard officers.CommentsClose CommentsPermalink
Sec. 518. Study and report regarding Marine Corps personnel policies regarding assignments in Individual Ready Reserve.CommentsClose CommentsPermalink
Sec. 519. Report on collection of information on civilian skills of members of the reserve components of the Armed Forces.CommentsClose CommentsPermalink
Subtitle C--Joint Qualified Officers and Requirements
Sec. 521. Joint duty requirements for promotion to general or flag officer.CommentsClose CommentsPermalink
Sec. 522. Technical, conforming, and clerical changes to joint specialty terminology.CommentsClose CommentsPermalink
Sec. 523. Promotion policy objectives for joint qualified officers.CommentsClose CommentsPermalink
Sec. 524. Length of joint duty assignments.CommentsClose CommentsPermalink
Sec. 525. Designation of general and flag officer positions on Joint Staff as positions to be held only by reserve component officers.CommentsClose CommentsPermalink
Sec. 526. Modification of limitations on authorized strengths of reserve general and flag officers in active status serving in joint duty assignments.CommentsClose CommentsPermalink
Sec. 527. Reports on joint education courses available through the Department of Defense.CommentsClose CommentsPermalink
Subtitle D--General Service Authorities
Sec. 531. Increase in maximum period of reenlistment of regular members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 532. Paternity leave for members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 533. Pilot programs on career flexibility to enhance retention of members of the Armed Forces.CommentsClose CommentsPermalink
Subtitle E--Education and Training
Sec. 540. Authorized strength of military service academies and repeal of prohibition on phased increase in midshipmen and cadet strength limit at Naval Academy and Air Force Academy.CommentsClose CommentsPermalink
Sec. 541. Promotion of foreign and cultural exchange activities at military service academies.CommentsClose CommentsPermalink
Sec. 542. Increased authority to enroll defense industry employees in defense product development program.CommentsClose CommentsPermalink
Sec. 543. Expanded authority for institutions of professional military education to award degrees.CommentsClose CommentsPermalink
Sec. 544. Tuition for attendance of Federal employees at the United States Air Force Institute of Technology.CommentsClose CommentsPermalink
Sec. 545. Increase in number of permanent professors at the United States Air Force Academy.CommentsClose CommentsPermalink
Sec. 546. Requirement of completion of service under honorable conditions for purposes of entitlement to educational assistance for reserve component members supporting contingency operations.CommentsClose CommentsPermalink
Sec. 547. Consistent education loan repayment authority for health professionals in regular components and Selected Reserve.CommentsClose CommentsPermalink
Sec. 548. Increase in number of units of Junior Reserve Officers’ Training Corps.CommentsClose CommentsPermalink
Sec. 549. Correction of erroneous Army College Fund benefit amounts.CommentsClose CommentsPermalink
Sec. 550. Enhancing education partnerships to improve accessibility and flexibility for members of the Armed Forces.CommentsClose CommentsPermalink
Subtitle F--Defense Dependents’ Education
Sec. 551. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.CommentsClose CommentsPermalink
Sec. 552. Impact aid for children with severe disabilities.CommentsClose CommentsPermalink
Sec. 553. Transition of military dependent students among local educational agencies.CommentsClose CommentsPermalink
Sec. 554. Calculation of payments for eligible federally connected children under Department of Education’s Impact Aid program.CommentsClose CommentsPermalink
Subtitle G--Military Justice
Sec. 561. Effective period of military protective orders.CommentsClose CommentsPermalink
Sec. 562. Mandatory notification of issuance of military protective order to civilian law enforcement.CommentsClose CommentsPermalink
Sec. 563. Implementation of information database on sexual assault incidents in the Armed Forces.CommentsClose CommentsPermalink
Subtitle H--Decorations, Awards, and Honorary Promotions
Sec. 571. Replacement of military decorations.CommentsClose CommentsPermalink
Sec. 572. Authorization and request for award of Medal of Honor to Richard L. Etchberger for acts of valor during the Vietnam War.CommentsClose CommentsPermalink
Subtitle I--Military Families
Sec. 581. Presentation of burial flag to the surviving spouse and children of deceased members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 582. Education and training opportunities for military spouses.CommentsClose CommentsPermalink
Sec. 583. Sense of Congress regarding honor guard details for funerals of veterans.CommentsClose CommentsPermalink
Subtitle J--Other Matters
Sec. 591. Prohibition on interference in independent legal advice by the Legal Counsel to the Chairman of the Joint Chiefs of Staff.CommentsClose CommentsPermalink
Sec. 592. Interest payments on certain claims arising from correction of military records.CommentsClose CommentsPermalink
Sec. 593. Extension of limitation on reductions of personnel of agencies responsible for review and correction of military records.CommentsClose CommentsPermalink
Sec. 594. Modification of matching fund requirements under National Guard Youth Challenge Program.CommentsClose CommentsPermalink
Sec. 595. Military salute for the flag during the national anthem by members of the Armed Forces not in uniform and by veterans.CommentsClose CommentsPermalink
Sec. 596. Military Leadership Diversity Commission.CommentsClose CommentsPermalink
Sec. 597. Demonstration project on service of retired nurse corps officers as faculty at civilian nursing schools.CommentsClose CommentsPermalink
Sec. 598. Report on planning for participation and hosting of the Department of Defense in international sports activities, competitions, and events.CommentsClose CommentsPermalink
Subtitle A--Officer Personnel Policy GenerallyCommentsClose CommentsPermalink
SEC. 501. MANDATORY SEPARATION REQUIREMENTS FOR REGULAR WARRANT OFFICERS FOR LENGTH OF SERVICE.CommentsClose CommentsPermalink
(1) by striking ‘A regular warrant officer who has at least 30 years of active service as a warrant officer that could be credited to him’ and inserting ‘(1) A regular warrant officer (other than a regular Army warrant officer) who has at least 30 years of active service that could be credited to the officer’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) In the case of a regular Army warrant officer, the calculation of years of active service under paragraph (1) shall include only years of active service as a warrant officer.’.CommentsClose CommentsPermalink
SEC. 502. REQUIREMENTS FOR ISSUANCE OF POSTHUMOUS COMMISSIONS AND WARRANTS.CommentsClose CommentsPermalink
(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) in connection with the promotion of a deceased member to a higher commissioned grade shall require certification by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.’.CommentsClose CommentsPermalink
(b) Posthumous Warrants- Section 1522 of such title is amended--CommentsClose CommentsPermalink
(1) in subsection (a), by striking ‘in line of duty’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(c) A warrant issued under subsection (a) in connection with the promotion of a deceased member to a higher grade shall require a finding by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.’.CommentsClose CommentsPermalink
SEC. 503. AUTHORIZED NUMBER OF GENERAL OFFICERS ON ACTIVE DUTY IN THE ARMY AND MARINE CORPS, LIMITED EXCLUSION FOR JOINT DUTY REQUIREMENTS, AND INCREASE IN NUMBER OF OFFICERS SERVING IN GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL.CommentsClose CommentsPermalink
(a) Increase in Number of Army General Officers-
(b) Increase in Number of Marine Corps General Officers- Section 526(a)(4) of such title is amended by striking ‘80’ and inserting ‘81’.CommentsClose CommentsPermalink
(c) Increase in Exclusion for Joint Duty Requirements- Section 526(b)(1) of such title is amended by striking ‘12’ and inserting ‘65’.CommentsClose CommentsPermalink
(d) Increase in Number of Officers Serving in Grades Above Major General and Rear Admiral- Section 525 of such title is amended--CommentsClose CommentsPermalink
(1) in the first sentence of subsection (a), by striking ‘that armed force’ and inserting ‘the Army or Air Force, or more than 51 percent of the general officers of the Marine Corps,’; andCommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraphs (1) and (2)(A), by striking ‘16.3 percent’ each place it appears and inserting ‘16.4 percent’; andCommentsClose CommentsPermalink
(B) in paragraph (2)(B), by striking ‘17.5 percent’ and inserting ‘19 percent’.CommentsClose CommentsPermalink
(e) Acquisition and Contracting Billets-CommentsClose CommentsPermalink
(1) RESERVATION OF ARMY INCREASE- The increase in the number of general officers on active duty in the Army, as authorized by the amendment made by subsection (a) is reserved for general officers in the Army who serve in an acquisition position.CommentsClose CommentsPermalink
(2) RESERVATION OF PORTION OF INCREASE IN JOINT DUTY ASSIGNMENTS EXCLUDED FROM LIMITATION- Of the increase in the number of general officer and flag officer joint duty assignments that may be designated for exclusion from the limitations on the number of general officers and flag officers on active duty, as authorized by the amendment made by subsection (c), five of the designated assignments are reserved for general officers or flag officers who serve in an acquisition position, including one assignment in the Defense Contract Management Agency.CommentsClose CommentsPermalink
SEC. 504. MODIFICATION OF AUTHORITY ON STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS.CommentsClose CommentsPermalink
(a) Grade of Staff Judge Advocate to the Commandant of the Marine Corps-
(b) Exclusion From General Officer Distribution Limitations- Section 525(a) of such title, as amended by section 503, is further amended--CommentsClose CommentsPermalink
(1) by inserting ‘(1)’ after ‘(a)’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) An officer while serving in the position of Staff Judge Advocate to the Commandant of the Marine Corps under section 5046 of this title is in addition to the number that would otherwise be permitted for the Marine Corps for officers in grades above brigadier general under the first sentence of paragraph (1).’.CommentsClose CommentsPermalink
SEC. 505. ELIGIBILITY OF RESERVE OFFICERS TO SERVE ON BOARDS OF INQUIRY FOR SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE AND OTHER REASONS.CommentsClose CommentsPermalink
(a) Eligibility-
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking paragraph (2); andCommentsClose CommentsPermalink
(B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; andCommentsClose CommentsPermalink
(2) in subsection (b), by striking ‘on active duty’ in the matter preceding paragraph (1).CommentsClose CommentsPermalink
(b) Conforming Amendment- The heading of subsection (a) of such section is amended by striking ‘Active Duty Officers’ and inserting ‘In General’.CommentsClose CommentsPermalink
SEC. 506. DELAYED AUTHORITY TO ALTER DISTRIBUTION REQUIREMENTS FOR COMMISSIONED OFFICERS ON ACTIVE DUTY IN GENERAL OFFICER AND FLAG OFFICER GRADES AND LIMITATIONS ON AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.CommentsClose CommentsPermalink
(a) Implementation of Special General Officer and Flag Officer Authority-CommentsClose CommentsPermalink
(1) REPORT ON PROPOSED IMPLEMENTATION- The Secretary of Defense shall submit to the Committees on Armed Forces of the Senate and House of Representatives a report, reflecting input from the Armed Forces, containing the following:CommentsClose CommentsPermalink
(A) A statement of the total number of validated and required joint duty assignments for general officers and flag officers and the total number of validated assignments for general officers and flag officers required by the Army, Navy, Air Force, and Marine Corps to meet internal (non-joint) requirements.CommentsClose CommentsPermalink
(B) A description of the process used by the Secretary of Defense and the Secretary of the military department concerned to validate joint general officer and flag officer requirements and authorizations under the authority provided by this section and how that process will function to make adjustments (increases and reductions) in the numbers of general officers and flag officers required for joint duty assignments and internal requirements of the Armed Force concerned.CommentsClose CommentsPermalink
(C) A description of how the Secretary of Defense intends to minimize the incremental approaches to increases in the number of general officers and flag officers and the use of exemptions to effect such increases.CommentsClose CommentsPermalink
(D) A description of how the Secretaries of the military departments intend to manage the increase and development of general officer and flag officer positions under the authority provided by this section.CommentsClose CommentsPermalink
(E) An explanation of and rationale for the grade distribution of the general and flag officers in the joint pool authorized by subsection (f)(1).CommentsClose CommentsPermalink
(F) A proposal specifying such legislative changes, including technical and conforming changes, as may be necessary to conform sections 525, 526, and 721 of title 10, United States Code, and such other provisions of such title relating to the management of general officers and flag officers to the authorities provided by this section.CommentsClose CommentsPermalink
(2) TIME FOR IMPLEMENTATION- After the end of the one-year period beginning on the date on which the Secretary of Defense submits the report required by paragraph (1), the Secretary of Defense may implement the authorities provided by this section regarding the distribution of commissioned officers on active duty in general officer and flag officer grades and altering the limitations on authorized strengths of general and flag officers on active duty.CommentsClose CommentsPermalink
(3) EFFECT OF IMPLEMENTATION- After the implementation date specified in paragraph (2), the authorities provided by this section supersede any requirement of section 525, 526, or 721 of title 10, United States Code, to the contrary.CommentsClose CommentsPermalink
(b) Distribution of General and Flag Officers- After the implementation date specified in subsection (a)(2), no appointment of an officer on the active duty list officer may be made--CommentsClose CommentsPermalink
(1) in the Army, if that appointment would result in more than--CommentsClose CommentsPermalink
(A) 225 officers serving on active duty above the grade of colonel;CommentsClose CommentsPermalink
(B) 7 officers in the grade of general;CommentsClose CommentsPermalink
(C) 45 officers in a grade above the grade of major general; orCommentsClose CommentsPermalink
(D) 90 officers in the grade of major general;CommentsClose CommentsPermalink
(2) in the Air Force, if that appointment would result in more than--CommentsClose CommentsPermalink
(A) 208 officers serving on active duty in a grade above the grade of colonel;CommentsClose CommentsPermalink
(B) 9 officers in the grade of general;CommentsClose CommentsPermalink
(C) 43 officers in a grade above the grade of major general; orCommentsClose CommentsPermalink
(D) 73 officers in the grade of major general;CommentsClose CommentsPermalink
(3) in the Navy, if that appointment would result in more than--CommentsClose CommentsPermalink
(A) 160 officers serving on active duty in a grade above the grade of captain;CommentsClose CommentsPermalink
(B) 6 officers in the grade of admiral;CommentsClose CommentsPermalink
(C) 32 officers in a grade above the grade of rear admiral; orCommentsClose CommentsPermalink
(D) 50 officers in the grade of rear admiral; orCommentsClose CommentsPermalink
(4) in the Marine Corps, if that appointment would result in more than--CommentsClose CommentsPermalink
(A) 60 officers serving on active duty in a grade above the grade of colonel;CommentsClose CommentsPermalink
(B) 2 officers in the grade of general;CommentsClose CommentsPermalink
(C) 15 officers in a grade above the grade of major general; orCommentsClose CommentsPermalink
(D) 22 officers in the grade of major general.CommentsClose CommentsPermalink
(c) Exclusion of Certain Officers From Distribution Limits-CommentsClose CommentsPermalink
(1) JOINT ASSIGNMENTS- The limitations contained in subsection (b) do not apply to officers serving in joint duty assignments, as designated by the Secretary of Defense under
(A) the number of officers in the grade of general or admiral may not exceed 20;CommentsClose CommentsPermalink
(B) the number of officers in a grade above the grade of major general or rear admiral may not exceed 68; andCommentsClose CommentsPermalink
(C) the number of officers in the grade of major general or rear admiral may not exceed 144.CommentsClose CommentsPermalink
(2) OFFICERS AFTER RELIEF FROM CERTAIN POSITIONS- An officer continuing to hold the grade of general or admiral under section 601(b)(4) of title 10 United States Code, after relief from the position of Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps shall not be counted for purposes of subsection (b).CommentsClose CommentsPermalink
(3) ATTENDING PHYSICIAN- An officer while serving as Attending Physician to the Congress is in addition to the number that would otherwise be permitted for that officer’s Armed Force for officers serving on active duty in grades above brigadier general or rear admiral (lower half) under subsection (b).CommentsClose CommentsPermalink
(4) OFFICERS PENDING RETIREMENT OR AFTER RELIEF AND RELATED CIRCUMSTANCES- The following officers shall not be counted for purposes of subsection (b):CommentsClose CommentsPermalink
(A) An officer of an Armed Force in the grade of brigadier general or above or, in the case of the Navy, in the grade of rear admiral (lower half) or above, who is on leave pending the retirement, separation, or release of that officer from active duty, but only during the 60-day period beginning on the date of the commencement of such leave of such officer.CommentsClose CommentsPermalink
(B) An officer of an Armed Force who has been relieved from a position designated under
(d) Appointments in Excess of Distribution Limits-CommentsClose CommentsPermalink
(1) APPOINTMENT AUTHORITY- Subject to paragraph (3), the President--CommentsClose CommentsPermalink
(A) may make appointments in the Army, Air Force, and Marine Corps in the grade of lieutenant general and in the Army, Air Force, and Marine Corps in the grade of general in excess of the applicable numbers determined under subsection (b) if each such appointment is made in conjunction with an offsetting reduction under paragraph (2); andCommentsClose CommentsPermalink
(B) may make appointments in the Navy in the grades of vice admiral and admiral in excess of the applicable numbers determined under subsection (b) if each such appointment is made in conjunction with an offsetting reduction under paragraph (2).CommentsClose CommentsPermalink
(2) OFFSETTING REDUCTIONS- For each appointment made under the authority of paragraph (1) in the Army, Air Force, or Marine Corps in the grade of lieutenant general or general or in the Navy in the grade of vice admiral or admiral, the number of appointments that may be made in the equivalent grade in one of the other Armed Forces (other than the Coast Guard) shall be reduced by one. When such an appointment is made, the President shall specify the Armed Force in which the reduction required by this paragraph is to be made.CommentsClose CommentsPermalink
(3) MAXIMUM- The number of officers that may be serving on active duty in the grades of lieutenant general and vice admiral by reason of appointments made under the authority of paragraph (1) may not exceed 15. The number of officers that may be serving on active duty in the grades of general and admiral by reason of appointments made under the authority of paragraph (1) may not exceed 5.CommentsClose CommentsPermalink
(4) DURATION OF REDUCTION- Upon the termination of the appointment of an officer in the grade of lieutenant general or vice admiral or general or admiral that was made in connection with an increase under paragraph (1) in the number of officers that may be serving on active duty in that Armed Force in that grade, the reduction made under paragraph (2) in the number of appointments permitted in such grade in another Armed Force by reason of that increase shall no longer be in effect.CommentsClose CommentsPermalink
(e) Authorized Strength Limits for General and Flag Officers on Active Duty- After the implementation date specified in subsection (a)(2), the number of general officers on active duty in the Army, Air Force, and Marine Corps, and the number of flag officers on active duty in the Navy, may not exceed the number specified for the Armed Force concerned as follows:CommentsClose CommentsPermalink
(1) For the Army, 225.CommentsClose CommentsPermalink
(2) For the Navy, 160.CommentsClose CommentsPermalink
(3) For the Air Force, 208.CommentsClose CommentsPermalink
(4) For the Marine Corps, 60.CommentsClose CommentsPermalink
(f) Limited Exclusion for Joint Duty Requirements-CommentsClose CommentsPermalink
(1) DESIGNATION OF POSITIONS- The Secretary of Defense may designate up to 324 general officer and flag officer positions that are joint duty assignments for the purposes of chapter 38 of title 10, United States Code, for exclusion from the limitations in subsection (e). The Secretary of Defense will allocate these exclusions to the Armed Forces based on the number of general or flag officers required from each Armed Force for assignment to these designated positions.CommentsClose CommentsPermalink
(2) MINIMUM NUMBER OF POSITIONS- Unless the Secretary of Defense determines that a lower number is in the best interests of the United States, the minimum number of officers serving in positions designated under paragraph (1) for each Armed Force shall be as follows:CommentsClose CommentsPermalink
(A) For the Army, 85.CommentsClose CommentsPermalink
(B) For the Navy, 61.CommentsClose CommentsPermalink
(C) For the Air Force, 76.CommentsClose CommentsPermalink
(D) For the Marine Corps, 21.CommentsClose CommentsPermalink
(g) Temporary Exclusion for Assignment to Certain Temporary Billets- The limitations in subsection (e) do not apply to a general or flag officer assigned to a temporary joint duty assignment billet designated by the Secretary of Defense for purposes of this section. A general or flag officer assigned to a temporary joint duty assignment as described in this subsection may not be excluded under this subsection from the limitations in subsection (e) for a period longer than one year.CommentsClose CommentsPermalink
(h) Exclusion of Certain Reserve Officers-CommentsClose CommentsPermalink
(1) DISTRIBUTION LIMITS- The limitations of subsection (b) do not apply to a reserve component general or flag officer who is on active duty and serving in billets other than joint duty assignments under a call or order specifying a period of not longer than two years.CommentsClose CommentsPermalink
(2) AUTHORIZED STRENGTH LIMITS- The limitations in subsection (e) do not apply to a reserve component general or flag officer who is on active duty and serving in a position that is a joint duty assignment for the purposes of chapter 38 of title 10, United States Code, for a period not to exceed three years.CommentsClose CommentsPermalink
(i) Pending or After Joint Duty Assignments- Upon determination by the Secretary of Defense that such action is in the national interest, the Secretary may allow the Secretary of a military department to exceed the distribution of general and flag officers established under subsection (b) and the limitation in subsection (e) for up to one year for officers pending assignment to or return from joint duty assignments designated under
Subtitle B--Reserve Component ManagementCommentsClose CommentsPermalink
SEC. 511. EXTENSION TO OTHER RESERVE COMPONENTS OF ARMY AUTHORITY FOR DEFERRAL OF MANDATORY SEPARATION OF MILITARY TECHNICIANS (DUAL STATUS) UNTIL AGE 60.CommentsClose CommentsPermalink
SEC. 512. MODIFICATION OF AUTHORIZED STRENGTHS FOR CERTAIN ARMY NATIONAL GUARD, MARINE CORPS RESERVE, AND AIR NATIONAL GUARD OFFICERS AND ARMY NATIONAL GUARD ENLISTED PERSONNEL SERVING ON FULL-TIME RESERVE COMPONENT DUTY.CommentsClose CommentsPermalink
(a) Army National Guard and Marine Corps Reserve Officers- The table in
--------------------------------------CommentsClose CommentsPermalink
‘Army National Guard: CommentsClose CommentsPermalink
--------------------------------------CommentsClose CommentsPermalink
20,000 1,500 850 325 CommentsClose CommentsPermalink
22,000 1,650 930 350 CommentsClose CommentsPermalink
24,000 1,790 1,010 378 CommentsClose CommentsPermalink
26,000 1,930 1,085 395 CommentsClose CommentsPermalink
28,000 2,070 1,168 420 CommentsClose CommentsPermalink
30,000 2,200 1,245 445 CommentsClose CommentsPermalink
32,000 2,330 1,315 460 CommentsClose CommentsPermalink
34,000 2,450 1,385 470 CommentsClose CommentsPermalink
36,000 2,570 1,455 480 CommentsClose CommentsPermalink
38,000 2,670 1,527 490 CommentsClose CommentsPermalink
40,000 2,770 1,590 500 CommentsClose CommentsPermalink
42,000 2,837 1,655 505 CommentsClose CommentsPermalink
--------------------------------------CommentsClose CommentsPermalink
------------------------------------CommentsClose CommentsPermalink
‘Marine Corps Reserve: CommentsClose CommentsPermalink
------------------------------------CommentsClose CommentsPermalink
1,000 99 63 20 CommentsClose CommentsPermalink
1,200 103 67 21 CommentsClose CommentsPermalink
1,300 107 70 22 CommentsClose CommentsPermalink
1,400 111 73 23 CommentsClose CommentsPermalink
1,500 114 76 24 CommentsClose CommentsPermalink
1,600 117 79 25 CommentsClose CommentsPermalink
1,700 120 82 26 CommentsClose CommentsPermalink
1,800 123 85 27 CommentsClose CommentsPermalink
1,900 126 88 28 CommentsClose CommentsPermalink
2,000 129 91 29 CommentsClose CommentsPermalink
2,100 132 94 30 CommentsClose CommentsPermalink
2,200 134 97 31 CommentsClose CommentsPermalink
2,300 136 100 32 CommentsClose CommentsPermalink
2,400 138 103 33 CommentsClose CommentsPermalink
2,500 140 106 34 CommentsClose CommentsPermalink
2,600 142 109 35’. CommentsClose CommentsPermalink
------------------------------------CommentsClose CommentsPermalink
(b) Air National Guard Officers- The table in such section is further amended by striking the portion of the table relating to the Air National Guard and inserting the following:CommentsClose CommentsPermalink
---------------------------------------CommentsClose CommentsPermalink
‘Air National Guard: CommentsClose CommentsPermalink
---------------------------------------CommentsClose CommentsPermalink
5,000 333 335 251 CommentsClose CommentsPermalink
6,000 403 394 260 CommentsClose CommentsPermalink
7,000 472 453 269 CommentsClose CommentsPermalink
8,000 539 512 278 CommentsClose CommentsPermalink
9,000 606 571 287 CommentsClose CommentsPermalink
10,000 673 665 313 CommentsClose CommentsPermalink
11,000 740 759 339 CommentsClose CommentsPermalink
12,000 807 827 353 CommentsClose CommentsPermalink
13,000 873 886 363 CommentsClose CommentsPermalink
14,000 939 945 374 CommentsClose CommentsPermalink
15,000 1,005 1,001 384 CommentsClose CommentsPermalink
16,000 1,067 1,057 394 CommentsClose CommentsPermalink
17,000 1,126 1,113 404 CommentsClose CommentsPermalink
18,000 1,185 1,169 414 CommentsClose CommentsPermalink
19,000 1,235 1,224 424 CommentsClose CommentsPermalink
20,000 1,283 1,280 428’. CommentsClose CommentsPermalink
---------------------------------------CommentsClose CommentsPermalink
(c) Army National Guard Enlisted Personnel- The table in section 12012(a) of such title, relating to the number of members of a reserve component who may be serving in the grade of E-8 or E-9 given the total number of members of that reserve component serving on full-time reserve component duty, is amended by striking the portion of the table relating to the Army National Guard and inserting the following:CommentsClose CommentsPermalink
----------------------------------CommentsClose CommentsPermalink
‘Army National Guard: CommentsClose CommentsPermalink
----------------------------------CommentsClose CommentsPermalink
20,000 1,650 550 CommentsClose CommentsPermalink
22,000 1,775 615 CommentsClose CommentsPermalink
24,000 1,950 645 CommentsClose CommentsPermalink
26,000 2,100 675 CommentsClose CommentsPermalink
28,000 2,250 715 CommentsClose CommentsPermalink
30,000 2,400 735 CommentsClose CommentsPermalink
32,000 2,500 760 CommentsClose CommentsPermalink
34,000 2,600 780 CommentsClose CommentsPermalink
36,000 2,700 800 CommentsClose CommentsPermalink
38,000 2,800 820 CommentsClose CommentsPermalink
40,000 2,900 830 CommentsClose CommentsPermalink
42,000 3,000 840’. CommentsClose CommentsPermalink
----------------------------------CommentsClose CommentsPermalink
SEC. 513. CLARIFICATION OF AUTHORITY TO CONSIDER FOR A VACANCY PROMOTION NATIONAL GUARD OFFICERS ORDERED TO ACTIVE DUTY IN SUPPORT OF A CONTINGENCY OPERATION.CommentsClose CommentsPermalink
(a) Additional Exception- Subsection (d) of
(1) in the first sentence--CommentsClose CommentsPermalink
(A) by striking ‘Except’ and inserting ‘(1) Except’;CommentsClose CommentsPermalink
(B) by striking ‘unless the officer is ordered’ and inserting ‘unless the officer--CommentsClose CommentsPermalink
‘(A) is ordered’;CommentsClose CommentsPermalink
(C) by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink
(D) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(B) has been ordered to or is serving on active duty in support of a contingency operation.’; andCommentsClose CommentsPermalink
(2) in the second sentence, by striking ‘If’ and inserting the following:CommentsClose CommentsPermalink
‘(2) If’.CommentsClose CommentsPermalink
(b) Consideration for Promotion by Examination for Federal Recognition- Subsection (e)(1)(B) of such section is amended by inserting before the period at the end the following: ‘, or by examination for Federal recognition under title 32’.CommentsClose CommentsPermalink
SEC. 514. INCREASE IN MANDATORY RETIREMENT AGE FOR CERTAIN RESERVE OFFICERS.CommentsClose CommentsPermalink
(a) Selective Service and Property and Fiscal Officers-
(b) Certain Reserve Officers in Grades of Major Through Brigadier General- Section 14702(b) of such title is amended--CommentsClose CommentsPermalink
(1) in the subsection heading, by striking ‘at Age 60’ and inserting ‘for Age’; andCommentsClose CommentsPermalink
(2) by striking ‘subsection (a)(1) or (a)(2).’ and all that follows through the period at the end of the last sentence and inserting the following: ‘paragraph (1) or (2) of subsection (a). An officer described in paragraph (1) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 62 years of age. An officer described in paragraph (2) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 60 years of age.’.CommentsClose CommentsPermalink
(c) Clerical Amendments-CommentsClose CommentsPermalink
(1) SECTION HEADING- The heading of section 14702 of such title is amended to read as follows:CommentsClose CommentsPermalink
‘Sec. 14702. Retention on reserve active-status list of certain officers in the grade of major, lieutenant colonel, colonel, or brigadier general’.CommentsClose CommentsPermalink
(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 1409 of such title is amended by striking the item relating to section 14702 and inserting the following new item:CommentsClose CommentsPermalink
‘14702. Retention on reserve active-status list of certain officers in the grade of major, lieutenant colonel, colonel, or brigadier general.’.CommentsClose CommentsPermalink
SEC. 515. AGE LIMIT FOR RETENTION OF CERTAIN RESERVE OFFICERS ON ACTIVE-STATUS LIST AS EXCEPTION TO REMOVAL FOR YEARS OF COMMISSIONED SERVICE.CommentsClose CommentsPermalink
(1) by redesignating subsection (g) as subsection (h); andCommentsClose CommentsPermalink
(2) by inserting after subsection (f) the following new subsection (g):CommentsClose CommentsPermalink
‘(g) Retention of Lieutenant Generals- A reserve officer of the Army or Air Force in the grade of lieutenant general who would otherwise be removed from an active status under subsection (c) may, in the discretion of the Secretary of the Army or the Secretary of the Air Force, as the case may be, be retained in an active status, but not later than the date on which the officer becomes 66 years of age.’.CommentsClose CommentsPermalink
SEC. 516. AUTHORITY TO RETAIN RESERVE CHAPLAINS AND OFFICERS IN MEDICAL AND RELATED SPECIALTIES UNTIL AGE 68.CommentsClose CommentsPermalink
(a) Reserve Chaplains and Medical Officers-
(b) National Guard Chaplains and Medical Officers-
‘(c) Notwithstanding subsection (a)(1), an officer of the National Guard serving as a chaplain, medical officer, dental officer, nurse, veterinarian, Medical Service Corps officer, or biomedical sciences officer may be retained, with the officer’s consent, until the date on which the officer becomes 68 years of age.’.CommentsClose CommentsPermalink
SEC. 517. MODIFICATION OF AUTHORITIES ON DUAL DUTY STATUS OF NATIONAL GUARD OFFICERS.CommentsClose CommentsPermalink
(a) Dual Duty Status Authorized for Any Officer on Active Duty- Subsection (a)(2) of
(b) Advance Authorization and Consent to Dual Duty Status- Such section is further amended--CommentsClose CommentsPermalink
(1) by redesignating subsection (b) as subsection (c); andCommentsClose CommentsPermalink
(2) by inserting after subsection (a) the following new subsection (b):CommentsClose CommentsPermalink
‘(b) Advance Authorization and Consent- The President and the Governor of a State or Territory, or of the Commonwealth of Puerto Rico, or the commanding general of the District of Columbia National Guard, as applicable, may give the authorization or consent required by subsection (a)(2) with respect to an officer in advance for the purpose of establishing the succession of command of a unit.’.CommentsClose CommentsPermalink
SEC. 518. STUDY AND REPORT REGARDING MARINE CORPS PERSONNEL POLICIES REGARDING ASSIGNMENTS IN INDIVIDUAL READY RESERVE.CommentsClose CommentsPermalink
(a) Study- The Secretary of the Navy shall conduct a study to analyze the policies and procedures used by the Marine Corps Reserve during fiscal years 2001 through 2008 to govern the assignment of members of the Marine Corps Reserve in the Individual Ready Reserve.CommentsClose CommentsPermalink
(b) Elements- The study shall contain, at a minimum, the following elements:CommentsClose CommentsPermalink
(1) A summary of the actual policies and procedures used to assign members of the Marine Corps Reserve to the Individual Ready Reserve and to remove members from the Individual Ready Reserve, to include the grade and authority of the official responsible for making the decision regarding the assignment.CommentsClose CommentsPermalink
(2) The number of members of the Marine Corps Reserve assigned to the Individual Ready Reserve during fiscal years 2001 through 2008.CommentsClose CommentsPermalink
(3) The number of members of the Marine Corps Reserve who spent less than 12 months in the Individual Ready Reserve during fiscal years 2001 through 2008, categorized by the reason provided for assigning the members to the Individual Ready Reserve.CommentsClose CommentsPermalink
(4) The impact of assigning a member of the Marine Corps Reserve to the Individual Ready Reserve on the eligibility of the member for health care coverage under TRICARE.CommentsClose CommentsPermalink
(5) The policies and procedures used to account for members of the Marine Corps Reserve who are excess to a unit’s authorization document, to include members selected for promotion or command who have not yet been promoted or assumed duties as officers in command.CommentsClose CommentsPermalink
(6) Recommendations for improvements to policies and procedures used to assign members of the Marine Corps Reserve to the Individual Ready Reserve and to remove members from the Individual Ready Reserve.CommentsClose CommentsPermalink
(c) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committee on Armed Services of the Senate and House of Representatives a report containing the results of the study.CommentsClose CommentsPermalink
SEC. 519. REPORT ON COLLECTION OF INFORMATION ON CIVILIAN SKILLS OF MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES.CommentsClose CommentsPermalink
Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability, utility, and cost effectiveness of the following:CommentsClose CommentsPermalink
(1) The collection by the Department of Defense of information on the civilian skills, qualifications, and professional certifications of members of the reserve components of the Armed Forces that are relevant to military manpower requirements.CommentsClose CommentsPermalink
(2) The establishment by each military department, and by the Department of Defense generally, of a system that would match billets and personnel requirements with members of the reserve components of the Armed Forces who have skills, qualifications, and certifications relevant to such billets and requirements.CommentsClose CommentsPermalink
(3) The establishment by the Department of Defense of one or more systems accessible by private employers who employ individuals with skills, qualifications, and certifications possessed by members of the reserve components of the Armed Forces to assist such employers in hiring and employing such members.CommentsClose CommentsPermalink
(4) Actions to ensure that employment information collected for and maintained in the Civilian Employment Information database of the Department of Defense is current and accurate.CommentsClose CommentsPermalink
(5) Actions to incorporate any matter determined feasible and advisable under paragraphs (1) through (4) into the Defense Integrated Military Human Resources System.CommentsClose CommentsPermalink
Subtitle C--Joint Qualified Officers and RequirementsCommentsClose CommentsPermalink
SEC. 521. JOINT DUTY REQUIREMENTS FOR PROMOTION TO GENERAL OR FLAG OFFICER.CommentsClose CommentsPermalink
(a) In General-
(1) in subsection (a), by striking ‘unless--’ and all that follows through ‘the joint specialty’ and inserting ‘unless the officer has been designated as a joint qualified officer’;CommentsClose CommentsPermalink
(2) 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 the officer has successfully completed a program of education described in subsections (b) and (c) of section 2155 of this title’; andCommentsClose CommentsPermalink
(3) by striking subsection (h).CommentsClose CommentsPermalink
(b) Clerical Amendments-CommentsClose CommentsPermalink
(1) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 619a. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to general or flag grade; exceptions’.CommentsClose CommentsPermalink
(2) TABLE OF SECTIONS- The table of sections at the beginning of subchapter II of chapter 36 of such title is amended by striking the item relating to section 619a and inserting the following new item:CommentsClose CommentsPermalink
‘619a. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to general or flag grade; exceptions.’.CommentsClose CommentsPermalink
SEC. 522. TECHNICAL, CONFORMING, AND CLERICAL CHANGES TO JOINT SPECIALTY TERMINOLOGY.CommentsClose CommentsPermalink
(a) Reference to Joint Qualified Officer-CommentsClose CommentsPermalink
(1) IN GENERAL- Subsection (a) of
(2) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 661. Management policies for joint qualified officers’.CommentsClose CommentsPermalink
(3) TABLE OF SECTIONS- The table of sections at the beginning of chapter 38 of such title is amended by striking the item related to section 661 and inserting the following new item:CommentsClose CommentsPermalink
‘661. Management policies for joint qualified officers.’.CommentsClose CommentsPermalink
(b) Joint Duty Assignments After Completion of Joint Professional Military Education- Section 663 of such title is amended--CommentsClose CommentsPermalink
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in the subsection heading, by striking ‘Joint Specialty’ and inserting ‘Joint Qualified’; andCommentsClose CommentsPermalink
(B) by striking ‘with the joint specialty’ and inserting ‘designated as a joint qualified officer’; andCommentsClose CommentsPermalink
(2) in subsection (b)(1), by striking ‘do not have the joint specialty’ and inserting ‘are not designated as a joint qualified officer’.CommentsClose CommentsPermalink
(c) Procedures for Monitoring Careers of Joint Qualified Officers-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 665 of such title is amended--CommentsClose CommentsPermalink
(A) in subsection (a)(1)(A), by striking ‘with the joint specialty’ and inserting ‘designated as a joint qualified officer’; andCommentsClose CommentsPermalink
(B) in subsection (b)(1), by striking ‘with the joint specialty’ and inserting ‘designated as a joint qualified officer’.CommentsClose CommentsPermalink
(2) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 665. Procedures for monitoring careers of joint qualified officers’.CommentsClose CommentsPermalink
(3) TABLE OF SECTIONS- The table of sections at the beginning of chapter 38 of such title is amended by striking the item related to section 665 and inserting the following new item:CommentsClose CommentsPermalink
‘665. Procedures for monitoring careers of joint qualified officers.’.CommentsClose CommentsPermalink
(d) Joint Specialty Terminology in Annual Report- Section 667 of such title is amended--CommentsClose CommentsPermalink
(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 ‘with the joint specialty’ and inserting ‘designated as a joint qualified officer’;CommentsClose CommentsPermalink
(3) in paragraph (3), by striking ‘selected for the joint specialty’ each place it appears and inserting ‘designated as a joint qualified officer’;CommentsClose CommentsPermalink
(4) in paragraph (4)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking ‘selected for the joint specialty’ and inserting ‘designated as a joint qualified officer’; andCommentsClose CommentsPermalink
(B) by striking subparagraph (B) and inserting the following new subparagraph: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 paragraphs (5) through (10), (13), and (16), and redesignating paragraphs (11), (12), (14), (15), (17), and (18) as paragraphs (7), (8), (9), (10), (12), and (13), respectively;CommentsClose CommentsPermalink
(6) by inserting after paragraph (4) the following new paragraphs:CommentsClose CommentsPermalink
‘(5) The promotion rate for officers designated as a joint qualified officer, compared with the promotion rate for other officers considered for promotion from within the promotion zone in the same pay grade and the same competitive category. A similar comparison will be made for officers both below the promotion zone and above the promotion zone.CommentsClose CommentsPermalink
‘(6) An analysis of assignments of officers after their designation as a joint qualified officer.’; andCommentsClose CommentsPermalink
(7) by inserting after paragraph (10), as redesignated by paragraph (5) of this subsection, the following new paragraph (11):CommentsClose CommentsPermalink
‘(11) The number of officers in the grade of captain (or in the case of the Navy, lieutenant) and above certified at each level of joint qualification as established in regulation and policy by the Secretary of Defense with the advice of the Chairman of the Joint Chiefs of Staff. Such numbers shall be reported by service and grade of the officer.’.CommentsClose CommentsPermalink
SEC. 523. PROMOTION POLICY OBJECTIVES FOR JOINT QUALIFIED OFFICERS.CommentsClose CommentsPermalink
(1) in subsection (a)(2), by striking ‘officers who are serving or have served in joint duty assignments’ and inserting ‘officers in the grade of major (or in the case of the Navy, lieutenant commander) or above who have been designated as a joint qualified officer’; andCommentsClose CommentsPermalink
(2) in subsection (b), by inserting after ‘joint duty assignments’ the following: ‘or on the Joint Staff, and officers who have been designated as a joint qualified officer in the grades of major (or in the case of the Navy, lieutenant commander) through colonel (or in the case of the Navy, captain)’.CommentsClose CommentsPermalink
SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS.CommentsClose CommentsPermalink
(a) Service Excluded From Tour Length- Subsection (d) of
(1) in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph (D):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
(2) by striking paragraph (3) and inserting the following new paragraph (3):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
(b) Computing Average Length of Joint Duty Assignments- Subsection (e) of such section is amended by striking paragraph (2) and inserting the following new paragraph (2):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
(c) Completion of Tour of Duty- Subsection (f) of such section is amended--CommentsClose CommentsPermalink
(1) in paragraph (3), by striking ‘Cumulative service’ and inserting ‘Accrued joint experience’;CommentsClose CommentsPermalink
(2) in paragraph (4), by striking ‘(except’ and all that follows through ‘any time)’; andCommentsClose CommentsPermalink
(3) by striking paragraph (6) and inserting the following new paragraph (6):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
(d) Accrued Joint Experience as Full Tour of Duty- Subsection (g) of such section is amended to read as follows:CommentsClose CommentsPermalink
‘(g) Accrued Joint Experience- For the purposes of subsection (f)(3), the Secretary of Defense may prescribe, by regulation, certain joint experience, such as temporary duty in joint assignments, joint individual training, and participation in joint exercises, that may be aggregated to equal a full tour of duty. The Secretary shall prescribe the regulations with the advice of the Chairman of the Joint Chiefs of Staff.’.CommentsClose CommentsPermalink
(e) Constructive Credit- Subsection (h) of such section is amended--CommentsClose CommentsPermalink
(1) in paragraph (1), by striking ‘subsection (f)(1), (f)(2), (f)(4), or (g)(2)’ and inserting ‘paragraphs (1), (2), and (4) of subsection (f)’; andCommentsClose CommentsPermalink
(2) by striking paragraph (3).CommentsClose CommentsPermalink
(f) Repeal of Joint Duty Credit for Certain Joint Task Force Assignments- Such section is further amended by striking subsection (i).CommentsClose CommentsPermalink
SEC. 525. DESIGNATION OF GENERAL AND FLAG OFFICER POSITIONS ON JOINT STAFF AS POSITIONS TO BE HELD ONLY BY RESERVE COMPONENT OFFICERS.CommentsClose CommentsPermalink
SEC. 526. MODIFICATION OF LIMITATIONS ON AUTHORIZED STRENGTHS OF RESERVE GENERAL AND FLAG OFFICERS IN ACTIVE STATUS SERVING IN JOINT DUTY ASSIGNMENTS.CommentsClose CommentsPermalink
(a) Exclusion of army and Air Force Officers Serving in Joint Duty Assignments- Subsection (b) of
‘(4) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the armed force concerned by subsection (a).’.CommentsClose CommentsPermalink
(b) Exclusion of Navy Officers Serving in Joint Duty Assignments- Subsection (c) of such section is amended--CommentsClose CommentsPermalink
(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; andCommentsClose CommentsPermalink
(2) in paragraph (1), by striking ‘(1)’ and all that follows through ‘as follows:’ and inserting the following:CommentsClose CommentsPermalink
‘(1) The following Navy reserve officers shall not be counted for purposes of this section:CommentsClose CommentsPermalink
‘(A) Those counted under section 526 of this title.CommentsClose CommentsPermalink
‘(B) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Navy in subsection (a).CommentsClose CommentsPermalink
‘(2) Of the number of Navy reserve officers authorized by subsection (a), 40 are distributed among the line and staff corps as follows:’.CommentsClose CommentsPermalink
(c) Exclusion of Marine Corps Officers Serving in Joint Duty Assignments- Subsection (d) of such section is amended to read as follows:CommentsClose CommentsPermalink
‘(d) The following Marine Corps reserve officers shall not be counted for purposes of this section:CommentsClose CommentsPermalink
‘(1) Those counted under section 526 of this title.CommentsClose CommentsPermalink
‘(2) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Marine Corps in subsection (a).’.CommentsClose CommentsPermalink
SEC. 527. REPORTS ON JOINT EDUCATION COURSES AVAILABLE THROUGH THE DEPARTMENT OF DEFENSE.CommentsClose CommentsPermalink
(a) Reports Required- Not later than April 1 of each of 2009, 2010, and 2011, the Chairman of the Joint Chiefs of Staff shall submit to Congress a report setting forth information on the joint education courses available through the Department of Defense for purposes of the pursuit of joint careers by officers in the Armed Forces.CommentsClose CommentsPermalink
(b) Elements- Each report under subsection (a) shall include, for the preceding year covered by the report, the following:CommentsClose CommentsPermalink
(1) A list and description of the joint education courses available during the year covered by the report.CommentsClose CommentsPermalink
(2) A list and description of the joint education courses listed under paragraph (1) that are available to, and may be completed by, officers of the reserve components of the Armed Forces in other than an in-resident duty status under title 10 or 32, United States Code.CommentsClose CommentsPermalink
(3) For each joint education course listed under paragraph (1), the number of officers from each Armed Force who pursued the course during the year covered by the report, including the number of officers of the Army National Guard and Air National Guard who pursued the course.CommentsClose CommentsPermalink
Subtitle D--General Service AuthoritiesCommentsClose CommentsPermalink
SEC. 531. INCREASE IN MAXIMUM PERIOD OF REENLISTMENT OF REGULAR MEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink
(a) Increase to Eight-Year Maximum-
(1) in paragraph (2), by striking ‘six years’ and inserting ‘eight years’; andCommentsClose CommentsPermalink
(2) in paragraph (3)(A), by striking ‘six years’ and inserting ‘eight years’.CommentsClose CommentsPermalink
(b) Conforming Amendment Regarding Reenlistment Bonus-
SEC. 532. PATERNITY LEAVE FOR MEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink
(a) Leave Authorized-
‘(j)(1) Under regulations prescribed by the Secretary concerned, a married member of the armed forces on active duty whose wife gives birth to a child shall receive 10 days of leave to be used in connection with the birth of the child.CommentsClose CommentsPermalink
‘(2) Leave under paragraph (1) is in addition to other leave authorized under this section.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and applies only with respect to children born on or after that date.CommentsClose CommentsPermalink
SEC. 533. PILOT PROGRAMS ON CAREER FLEXIBILITY TO ENHANCE RETENTION OF MEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink
(a) Pilot Programs Authorized-CommentsClose CommentsPermalink
(1) IN GENERAL- Each Secretary of a military department may carry out pilot programs under which officers and enlisted members of the regular components of the Armed Forces under the jurisdiction of such Secretary may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty.CommentsClose CommentsPermalink
(2) PURPOSE- The purpose of the pilot programs under this section shall be to evaluate whether permitting inactivation from active duty and greater flexibility in career paths for members of the Armed Forces will provide an effective means to enhance retention of members of the Armed Forces and the capacity of the Department of Defense to respond to the personal and professional needs of individual members of the Armed Forces.CommentsClose CommentsPermalink
(b) Limitation on Eligible Members- A member of the Armed Forces is not eligible to participate in a pilot program under this section during any period of service required of the member--CommentsClose CommentsPermalink
(1) under an agreement upon entry of the member on active duty; orCommentsClose CommentsPermalink
(2) due to receipt by the member of a retention bonus as a member qualified in a critical military skill or assigned to a high priority unit under
(c) Limitation on Number of Participants- Not more than 20 officers and 20 enlisted members of each Armed Force may be selected during each of calendar years 2009 through 2012 to participate in the pilot programs under this section.CommentsClose CommentsPermalink
(d) Period of Inactivation From Active Duty; Effect of Inactivation-CommentsClose CommentsPermalink
(1) LIMITATION- The period of inactivation from active duty under a pilot program under this section of a member participating in the pilot program shall be such period as the Secretary of the military department concerned shall specify in the agreement of the member under subsection (e), except that such period may not exceed three years.CommentsClose CommentsPermalink
(2) EXCLUSION FROM COMPUTATION OF RESERVE OFFICER’S TOTAL YEARS OF SERVICE- Any service by a Reserve officer while participating in a pilot program under this section shall be excluded from computation of the officer’s total years of service pursuant to
(3) RETIREMENT AND RELATED PURPOSES- Any period of participation of a member in a pilot program under this section shall not count toward--CommentsClose CommentsPermalink
(A) eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of title 10, United States Code; orCommentsClose CommentsPermalink
(B) computation of retired or retainer pay under chapter 71 or 1223 of title 10, United States Code.CommentsClose CommentsPermalink
(e) Agreement- Each member of the Armed Forces who participates in a pilot program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows:CommentsClose CommentsPermalink
(1) To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of the Armed Force concerned during the period of the member’s inactivation from active duty under the pilot program.CommentsClose CommentsPermalink
(2) To undergo during the period of the inactivation of the member from active duty under the pilot program such inactive duty training as the Secretary concerned shall require in order to ensure that the member retains proficiency, at a level determined by the Secretary concerned to be sufficient, in the member’s military skills, professional qualifications, and physical readiness during the inactivation of the member from active duty.CommentsClose CommentsPermalink
(3) Following completion of the period of the inactivation of the member from active duty under the pilot program, to serve two months as a member of the Armed Forces on active duty for each month of the period of the inactivation of the member from active duty under the pilot program.CommentsClose CommentsPermalink
(f) Conditions of Release- The Secretary of Defense shall issue regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (e). At a minimum, the Secretary shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active duty.CommentsClose CommentsPermalink
(g) Order to Active Duty- Under regulations prescribed by the Secretary of the military department concerned, a member of the Armed Forces participating in a pilot program under this section may, in the discretion of such Secretary, be required to terminate participation in the pilot program and be ordered to active duty.CommentsClose CommentsPermalink
(h) Pay and Allowances-CommentsClose CommentsPermalink
(1) BASIC PAY- During each month of participation in a pilot program under this section, a member who participates in the pilot program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under
(2) PROHIBITION ON RECEIPT OF SPECIAL AND INCENTIVE PAYS-CommentsClose CommentsPermalink
(A) PROHIBITION ON RECEIPT DURING PARTICIPATION- A member who participates in a pilot program shall not, while participating in the pilot program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37, United States Code, that is in force when the member commences participation in the pilot program.CommentsClose CommentsPermalink
(B) TREATMENT OF REQUIRED SERVICE- The inactivation from active duty of a member participating in a pilot program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37, United States Code, that is in force when the member commences participation in the pilot program.CommentsClose CommentsPermalink
(3) REVIVAL OF SPECIAL PAYS UPON RETURN TO ACTIVE DUTY-CommentsClose CommentsPermalink
(A) REVIVAL REQUIRED- Subject to subparagraph (B), upon the return of a member to active duty after completion by the member of participation in a pilot program--CommentsClose CommentsPermalink
(i) any agreement entered into by the member under chapter 5 of title 37, United States Code, for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the pilot program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the pilot program; andCommentsClose CommentsPermalink
(ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i).CommentsClose CommentsPermalink
(B) LIMITATIONS-CommentsClose CommentsPermalink
(i) LIMITATION AT TIME OF RETURN TO ACTIVE DUTY- Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, at the time of the return of the member to active duty as described in that subparagraph--CommentsClose CommentsPermalink
(I) such pay or bonus is no longer authorized by law; orCommentsClose CommentsPermalink
(II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active duty.CommentsClose CommentsPermalink
(ii) CESSATION DURING LATER SERVICE- Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law.CommentsClose CommentsPermalink
(C) REPAYMENT- A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37, United States Code.CommentsClose CommentsPermalink
(D) CONSTRUCTION OF REQUIRED SERVICE- Any service required of a member under an agreement covered by this paragraph after the member returns to active duty as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (e).CommentsClose CommentsPermalink
(4) CERTAIN TRAVEL AND TRANSPORTATION ALLOWANCES-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraph (B), a member who participates in a pilot program is entitled, while participating in the pilot program, to the travel and transportation allowances authorized by
(i) travel performed from the member’s residence, at the time of release from active duty to participate in the pilot program, to the location in the United States designated by the member as his residence during the period of participation in the pilot program; andCommentsClose CommentsPermalink
(ii) travel performed to the member’s residence upon return to active duty at the end of the member’s participation in the pilot program.CommentsClose CommentsPermalink
(B) LIMITATION- An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.CommentsClose CommentsPermalink
(i) Promotion-CommentsClose CommentsPermalink
(1) OFFICERS-CommentsClose CommentsPermalink
(A) LIMITATION ON PROMOTION- An officer participating in a pilot program under this section shall not, while participating in the pilot program, be eligible for consideration for promotion under chapter 36 or 1405 of title 10, United States Code.CommentsClose CommentsPermalink
(B) PROMOTION AND RANK UPON RETURN TO ACTIVE DUTY- Upon the return of an officer to active duty after completion by the officer of participation in a pilot program--CommentsClose CommentsPermalink
(i) the Secretary of the military department concerned shall adjust the officer’s date of rank in such manner as the Secretary of Defense shall prescribe in regulations for purposes of this section; andCommentsClose CommentsPermalink
(ii) the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion.CommentsClose CommentsPermalink
(2) ENLISTED MEMBERS- An enlisted member participating in a pilot program shall not be eligible for consideration for promotion during the period that--CommentsClose CommentsPermalink
(A) begins on the date of the member’s inactivation from active duty under the pilot program; andCommentsClose CommentsPermalink
(B) ends at such time after the return of the member to active duty under the pilot program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of the pilot program.CommentsClose CommentsPermalink
(j) Medical and Dental Care- A member participating in a pilot program under this section shall, while participating in the pilot program, be treated as a member of the Armed Forces on active duty for a period of more than 30 days for purposes of the entitlement of the member and the member’s dependents to medical and dental care under the provisions of chapter 55 of title 10, United States Code.CommentsClose CommentsPermalink
(k) Reports-CommentsClose CommentsPermalink
(1) INTERIM REPORTS- Not later than June 1, 2011, and June 1, 2013, the Secretary of each military department shall submit to the congressional defense committees a report on the implementation and current status of the pilot programs conducted by such Secretary under this section.CommentsClose CommentsPermalink
(2) FINAL REPORT- Not later than March 1, 2016, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot programs conducted under this section.CommentsClose CommentsPermalink
(3) ELEMENTS OF REPORT- Each interim report and the final report under this subsection shall include the following:CommentsClose CommentsPermalink
(A) A description of each pilot program conducted under this section, including a description of the number of applicants for such pilot program and the criteria used to select individuals for participation in such pilot program.CommentsClose CommentsPermalink
(B) An assessment by the Secretary concerned of the pilot programs, including an evaluation of whether--CommentsClose CommentsPermalink
(i) the authorities of the pilot programs provided an effective means to enhance the retention of members of the Armed Forces possessing critical skills, talents, and leadership abilities;CommentsClose CommentsPermalink
(ii) the career progression in the Armed Forces of individuals who participate in the pilot program has been or will be adversely affected; andCommentsClose CommentsPermalink
(iii) the usefulness of the pilot program in responding to the personal and professional needs of individual members of the Armed Forces.CommentsClose CommentsPermalink
(C) Such recommendations for legislative or administrative action as the Secretary concerned considers appropriate for the modification or continuation of the pilot programs.CommentsClose CommentsPermalink
(l) Duration of Program Authority- The authority to conduct a pilot program under this section shall commence on January 1, 2009. No member of the Armed Forces may be released from active duty under a pilot program under this section after December 31, 2012.CommentsClose CommentsPermalink
Subtitle E--Education and TrainingCommentsClose CommentsPermalink
SEC. 540. AUTHORIZED STRENGTH OF MILITARY SERVICE ACADEMIES AND REPEAL OF PROHIBITION ON PHASED INCREASE IN MIDSHIPMEN AND CADET STRENGTH LIMIT AT NAVAL ACADEMY AND AIR FORCE ACADEMY.CommentsClose CommentsPermalink
(a) Military Academy-
(b) Naval Academy- Section 6954 of such title is amended--CommentsClose CommentsPermalink
(1) in subsection (a), by striking ‘4,000 or such higher number’ and inserting ‘4,400 or such lower number’; andCommentsClose CommentsPermalink
(2) in subsection (h)(1), by striking the last sentence.CommentsClose CommentsPermalink
(c) Air Force Academy- Section 9342 of such title is amended--CommentsClose CommentsPermalink
(1) in subsection (a), by striking ‘4,000 or such higher number’ and inserting ‘4,400 or such lower number’; andCommentsClose CommentsPermalink
(2) in subsection (j)(1), by striking the last sentence.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall apply with respect to academic years at the United States Military Academy, the United States Naval Academy, and the Air Force Academy after the 2007-2008 academic year.CommentsClose CommentsPermalink
SEC. 541. PROMOTION OF FOREIGN AND CULTURAL EXCHANGE ACTIVITIES AT MILITARY SERVICE ACADEMIES.CommentsClose CommentsPermalink
(a) United States Military Academy-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 403 of title 10, United States Code, is amended by inserting after section 4345 the following new section:CommentsClose CommentsPermalink
‘Sec. 4345a. Foreign and cultural exchange activitiesCommentsClose CommentsPermalink
‘(a) Attendance Authorized- The Secretary of the Army may authorize the Academy to permit students, officers, and other representatives of a foreign country to attend the Academy for periods of not more than two weeks if the Secretary determines that the attendance of such persons contributes significantly to the development of foreign language, cross cultural interactions and understanding, and cultural immersion of cadets.CommentsClose CommentsPermalink
‘(b) Costs and Expenses- The Secretary may pay the travel, subsistence, and similar personal expenses of persons incurred to attend the Academy under subsection (a).CommentsClose CommentsPermalink
‘(c) Effect of Attendance- Persons attending the Academy under subsection (a) are not considered to be students enrolled at the Academy and are in addition to persons receiving instruction at the Academy under section 4344 or 4345 of this title.CommentsClose CommentsPermalink
‘(d) Source of Funds; Limitation- (1) The Academy shall bear the costs of the attendance of persons under subsection (a) from funds appropriated for the Academy and from such additional funds as may be available to the Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with their attendance.CommentsClose CommentsPermalink
‘(2) Expenditures from appropriated funds in support of activities under this section may not exceed $40,000 during any fiscal year.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4345 the following new item:CommentsClose CommentsPermalink
‘4345a. Foreign and cultural exchange activities.’.CommentsClose CommentsPermalink
(b) Naval Academy-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 603 of title 10, United States Code, is amended by inserting after section 6957a the following new section:CommentsClose CommentsPermalink
‘Sec. 6957b. Foreign and cultural exchange activitiesCommentsClose CommentsPermalink
‘(a) Attendance Authorized- The Secretary of the Navy may authorize the Naval Academy to permit students, officers, and other representatives of a foreign country to attend the Naval Academy for periods of not more than two weeks if the Secretary determines that the attendance of such persons contributes significantly to the development of foreign language, cross cultural interactions and understanding, and cultural immersion of midshipmen.CommentsClose CommentsPermalink
‘(b) Costs and Expenses- The Secretary may pay the travel, subsistence, and similar personal expenses of persons incurred to attend the Naval Academy under subsection (a).CommentsClose CommentsPermalink
‘(c) Effect of Attendance- Persons attending the Naval Academy under subsection (a) are not considered to be students enrolled at the Naval Academy and are in addition to persons receiving instruction at the Naval Academy under section 6957 or 6957a of this title.CommentsClose CommentsPermalink
‘(d) Source of Funds; Limitation- (1) The Naval Academy shall bear the costs of the attendance of persons under subsection (a) from funds appropriated for the Naval Academy and from such additional funds as may be available to the Naval Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with their attendance.CommentsClose CommentsPermalink
‘(2) Expenditures from appropriated funds in support of activities under this section may not exceed $40,000 during any fiscal year.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 6957a the following new item:CommentsClose CommentsPermalink
‘6957b. Foreign and cultural exchange activities.’.CommentsClose CommentsPermalink
(c) Air Force Academy-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 903 of title 10, United States Code, is amended by inserting after section 9345 the following new section:CommentsClose CommentsPermalink
‘Sec. 9345a. Foreign and cultural exchange activitiesCommentsClose CommentsPermalink
‘(a) Attendance Authorized- The Secretary of the Air Force may authorize the Air Force Academy to permit students, officers, and other representatives of a foreign country to attend the Air Force Academy for periods of not more than two weeks if the Secretary determines that the attendance of such persons contributes significantly to the development of foreign language, cross cultural interactions and understanding, and cultural immersion of cadets.CommentsClose CommentsPermalink
‘(b) Costs and Expenses- The Secretary may pay the travel, subsistence, and similar personal expenses of persons incurred to attend the Air Force Academy under subsection (a).CommentsClose CommentsPermalink
‘(c) Effect of Attendance- Persons attending the Air Force Academy under subsection (a) are not considered to be students enrolled at the Air Force Academy and are in addition to persons receiving instruction at the Air Force Academy under section 9344 or 9345 of this title.CommentsClose CommentsPermalink
‘(d) Source of Funds; Limitation- (1) The Air Force Academy shall bear the costs of the attendance of persons under subsection (a) from funds appropriated for the Air Force Academy and from such additional funds as may be available to the Air Force Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with their attendance.CommentsClose CommentsPermalink
‘(2) Expenditures from appropriated funds in support of activities under this section may not exceed $40,000 during any fiscal year.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9345 the following new item:CommentsClose CommentsPermalink
‘9345a. Foreign and cultural exchange activities.’.CommentsClose CommentsPermalink
SEC. 542. INCREASED AUTHORITY TO ENROLL DEFENSE INDUSTRY EMPLOYEES IN DEFENSE PRODUCT DEVELOPMENT PROGRAM.CommentsClose CommentsPermalink
SEC. 543. EXPANDED AUTHORITY FOR INSTITUTIONS OF PROFESSIONAL MILITARY EDUCATION TO AWARD DEGREES.CommentsClose CommentsPermalink
(a) National Defense Intelligence College-CommentsClose CommentsPermalink
(1) IN GENERAL-
-‘Sec. 2161. Degree granting authority for National Defense Intelligence CollegeCommentsClose CommentsPermalink
‘(a) Authority- Under regulations prescribed by the Secretary of Defense, the President of the National Defense Intelligence College may, upon the recommendation of the faculty of the National Defense Intelligence College, confer appropriate degrees upon graduates who meet the degree requirements.CommentsClose CommentsPermalink
‘(b) Limitation- A degree may not be conferred under this section unless--CommentsClose CommentsPermalink
‘(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; andCommentsClose CommentsPermalink
‘(2) the National Defense Intelligence College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.CommentsClose CommentsPermalink
‘(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--CommentsClose CommentsPermalink
‘(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; andCommentsClose CommentsPermalink
‘(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.CommentsClose CommentsPermalink
‘(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.CommentsClose CommentsPermalink
‘(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the National Defense Intelligence College to award any new or existing degree.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 108 of such title is amended by striking the item relating to section 2161 and inserting the following new item:CommentsClose CommentsPermalink
‘2161. Degree granting authority for National Defense Intelligence College.’.CommentsClose CommentsPermalink
(b) National Defense University-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 2163 of such title is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 2163. Degree granting authority for National Defense UniversityCommentsClose CommentsPermalink
‘(a) Authority- Under regulations prescribed by the Secretary of Defense, the President of the National Defense University may, upon the recommendation of the faculty of the National Defense University, confer appropriate degrees upon graduates who meet the degree requirements.CommentsClose CommentsPermalink
‘(b) Limitation- A degree may not be conferred under this section unless--CommentsClose CommentsPermalink
‘(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; andCommentsClose CommentsPermalink
‘(2) the National Defense University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.CommentsClose CommentsPermalink
‘(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--CommentsClose CommentsPermalink
‘(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; andCommentsClose CommentsPermalink
‘(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.CommentsClose CommentsPermalink
‘(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.CommentsClose CommentsPermalink
‘(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the National Defense University to award any new or existing degree.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 108 of such title is amended by striking the item relating to section 2163 and inserting the following new item:CommentsClose CommentsPermalink
‘2163. Degree granting authority for National Defense University.’.CommentsClose CommentsPermalink
(c) United States Army Command and General Staff College-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 4314 of such title is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 4314. Degree granting authority for United States Army Command and General Staff CollegeCommentsClose CommentsPermalink
‘(a) Authority- Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army Command and General Staff College may, upon the recommendation of the faculty and dean of the college, confer appropriate degrees upon graduates who meet the degree requirements.CommentsClose CommentsPermalink
‘(b) Limitation- A degree may not be conferred under this section unless--CommentsClose CommentsPermalink
‘(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; andCommentsClose CommentsPermalink
‘(2) the United States Army Command and General Staff College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.CommentsClose CommentsPermalink
‘(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--CommentsClose CommentsPermalink
‘(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; andCommentsClose CommentsPermalink
‘(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.CommentsClose CommentsPermalink
‘(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.CommentsClose CommentsPermalink
‘(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Army Command and General Staff College to award any new or existing degree.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 401 of such title is amended by striking the item relating to section 4314 and inserting the following new item:CommentsClose CommentsPermalink
‘4314. Degree granting authority for United States Army Command and General Staff College.’.CommentsClose CommentsPermalink
(d) United States Army War College-CommentsClose CommentsPermalink
(1) IN GENERAL-
, is amended to read as follows:CommentsClose CommentsPermalink Section 4321 of title 10, United States Code
-‘Sec. 4321. Degree granting authority for United States Army War CollegeCommentsClose CommentsPermalink
‘(a) Authority- Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army War College may, upon the recommendation of the faculty and dean of the college, confer appropriate degrees upon graduates who meet the degree requirements.CommentsClose CommentsPermalink
‘(b) Limitation- A degree may not be conferred under this section unless--CommentsClose CommentsPermalink
‘(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; andCommentsClose CommentsPermalink
‘(2) the United States Army War College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.CommentsClose CommentsPermalink
‘(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--CommentsClose CommentsPermalink
‘(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; andCommentsClose CommentsPermalink
‘(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.CommentsClose CommentsPermalink
‘(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.CommentsClose CommentsPermalink
‘(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Army War College to award any new or existing degree.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 401 of such title is amended by striking the item relating to section 4321 and inserting the following new item:CommentsClose CommentsPermalink
‘4321. Degree granting authority for United States Army War College.’.CommentsClose CommentsPermalink
(e) United States Naval Postgraduate School-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 7048 of such title is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 7048. Degree granting authority for United States Naval Postgraduate SchoolCommentsClose CommentsPermalink
‘(a) Authority- Under regulations prescribed by the Secretary of the Navy, the President of the Naval Postgraduate School may, upon the recommendation of the faculty of the Naval Postgraduate School, confer appropriate degrees upon graduates who meet the degree requirements.CommentsClose CommentsPermalink
‘(b) Limitation- A degree may not be conferred under this section unless--CommentsClose CommentsPermalink
‘(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; andCommentsClose CommentsPermalink
‘(2) the Naval Postgraduate School is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.CommentsClose CommentsPermalink
‘(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--CommentsClose CommentsPermalink
‘(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; andCommentsClose CommentsPermalink
‘(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.CommentsClose CommentsPermalink
‘(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.CommentsClose CommentsPermalink
‘(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the Naval Postgraduate School to award any new or existing degree.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 605 of such title is amended by striking the item relating to section 7048 and inserting the following new item:CommentsClose CommentsPermalink
‘7048. Degree granting authority for United States Naval Postgraduate School.’.CommentsClose CommentsPermalink
(f) Naval War College-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 7101 of such title is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 7101. Degree granting authority for Naval War CollegeCommentsClose CommentsPermalink
‘(a) Authority- Under regulations prescribed by the Secretary of the Navy, the President of the Naval War College may, upon the recommendation of the faculty of the Naval War College components, confer appropriate degrees upon graduates who meet the degree requirements.CommentsClose CommentsPermalink
‘(b) Limitation- A degree may not be conferred under this section unless--CommentsClose CommentsPermalink
‘(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; andCommentsClose CommentsPermalink
‘(2) the Naval War College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.CommentsClose CommentsPermalink
‘(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--CommentsClose CommentsPermalink
‘(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; andCommentsClose CommentsPermalink
‘(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.CommentsClose CommentsPermalink
‘(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.CommentsClose CommentsPermalink
‘(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the Naval War College to award any new or existing degree.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 609 of such title is amended by striking the item relating to section 7101 and inserting the following new item:CommentsClose CommentsPermalink
‘7101. Degree granting authority for Naval War College.’.CommentsClose CommentsPermalink
(g) Marine Corps University-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 7102 of such title is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 7102. Degree granting authority for Marine Corps UniversityCommentsClose CommentsPermalink
‘(a) Authority- Under regulations prescribed by the Secretary of the Navy, the President of the Marine Corps University may, upon the recommendation of the directors and faculty of the Marine Corps University, confer appropriate degrees upon graduates who meet the degree requirements.CommentsClose CommentsPermalink
‘(b) Limitation- A degree may not be conferred under this section unless--CommentsClose CommentsPermalink
‘(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; andCommentsClose CommentsPermalink
‘(2) the Marine Corps University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.CommentsClose CommentsPermalink
‘(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--CommentsClose CommentsPermalink
‘(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; andCommentsClose CommentsPermalink
‘(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.CommentsClose CommentsPermalink
‘(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.CommentsClose CommentsPermalink
‘(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the Marine Corps University to award any new or existing degree.CommentsClose CommentsPermalink
‘(d) Board of Advisors- The Secretary of the Navy shall establish a board of advisors for the Marine Corps University. The Secretary shall ensure that the board is established so as to meet all requirements of the appropriate regional accrediting association.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 609 of such title is amended by striking the item relating to section 7102 and inserting the following new item:CommentsClose CommentsPermalink
‘7102. Degree granting authority for Marine Corps University.’.CommentsClose CommentsPermalink
(h) United States Air Force Institute of Technology-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 9314 of such title is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 9314. Degree granting authority for United States Air Force Institute of TechnologyCommentsClose CommentsPermalink
‘(a) Authority- Under regulations prescribed by the Secretary of the Air Force, the commander of the Air University may, upon the recommendation of the faculty of the United States Air Force Institute of Technology, confer appropriate degrees upon graduates of the United States Air Force Institute of Technology who meet the degree requirements.CommentsClose CommentsPermalink
‘(b) Limitation- A degree may not be conferred under this section unless--CommentsClose CommentsPermalink
‘(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; andCommentsClose CommentsPermalink
‘(2) the United States Air Force Institute of Technology is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.CommentsClose CommentsPermalink
‘(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--CommentsClose CommentsPermalink
‘(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; andCommentsClose CommentsPermalink
‘(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.CommentsClose CommentsPermalink
‘(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.CommentsClose CommentsPermalink
‘(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Air Force Institute of Technology to award any new or existing degree.CommentsClose CommentsPermalink
‘(d) Civilian Faculty- (1) The Secretary of the Air Force may employ as many civilian faculty members at the United States Air Force Institute of Technology as is consistent with the needs of the Air Force and with Department of Defense personnel limits.CommentsClose CommentsPermalink
‘(2) The Secretary shall prescribe regulations determining--CommentsClose CommentsPermalink
‘(A) titles and duties of civilian members of the faculty; andCommentsClose CommentsPermalink
‘(B) pay of civilian members of the faculty, notwithstanding chapter 53 of title 5, but subject to the limitation set out in section 5373 of title 5.CommentsClose CommentsPermalink
‘(e) Reimbursement and Tuition- (1) The Department of the Army, the Department of the Navy, and the Department of Homeland Security shall bear the cost of the instruction at the Air Force Institute of Technology that is received by members of the armed forces detailed for that instruction by the Secretaries of the Army, Navy, and Homeland Security, respectively.CommentsClose CommentsPermalink
‘(2) Members of the Army, Navy, Marine Corps, and Coast Guard may only be detailed for instruction at the Institute on a space-available basis.CommentsClose CommentsPermalink
‘(3) In the case of an enlisted member of the Army, Navy, Marine Corps, and Coast Guard permitted to receive instruction at the Institute, the Secretary of the Air Force shall charge that member only for such costs and fees as the Secretary considers appropriate (taking into consideration the admission of enlisted members on a space-available basis).CommentsClose CommentsPermalink
‘(f) Acceptance of Research Grants- (1) The Secretary of the Air Force may authorize the Commandant of the United States Air Force Institute of Technology to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Institute for a scientific, literary, or educational purpose.CommentsClose CommentsPermalink
‘(2) A qualifying research grant under this subsection is a grant that is awarded on a competitive basis by an entity referred to in paragraph (3) for a research project with a scientific, literary, or educational purpose.CommentsClose CommentsPermalink
‘(3) A grant may be accepted under this subsection only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.CommentsClose CommentsPermalink
‘(4) The Secretary shall establish an account for administering funds received as research grants under this section. The Commandant of the Institute shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.CommentsClose CommentsPermalink
‘(5) Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Institute may be used to pay expenses incurred by the Institute in applying for, and otherwise pursuing, the award of qualifying research grants.CommentsClose CommentsPermalink
‘(6) The Secretary shall prescribe regulations for the administration of this subsection.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 901 of such title is amended by striking the item relating to section 9314 and inserting the following new item:CommentsClose CommentsPermalink
‘9314. Degree granting authority for United States Air Force Institute of Technology.’.CommentsClose CommentsPermalink
(i) Air University-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 9317 of such title is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 9317. Degree granting authority for Air UniversityCommentsClose CommentsPermalink
‘(a) Authority- Except as provided in sections 9314 and 9315 of this title, under regulations prescribed by the Secretary of the Air Force, the commander of the Air University may, upon the recommendation of the faculty of the Air University components, confer appropriate degrees upon graduates who meet the degree requirements.CommentsClose CommentsPermalink
‘(b) Limitation- A degree may not be conferred under this section unless--CommentsClose CommentsPermalink
‘(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; andCommentsClose CommentsPermalink
‘(2) the Air University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.CommentsClose CommentsPermalink
‘(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--CommentsClose CommentsPermalink
‘(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; andCommentsClose CommentsPermalink
‘(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.CommentsClose CommentsPermalink
‘(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.CommentsClose CommentsPermalink
‘(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the Air University to award any new or existing degree.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 901 of such title is amended by striking the item relating to section 9317 and inserting the following new item:CommentsClose CommentsPermalink
‘9317. Degree granting authority for Air University.’.CommentsClose CommentsPermalink
(j) Effective Date- The amendments made by this section shall apply to any degree granting authority established, modified, or redesignated on or after the date of enactment of this Act for an institution of professional military education referred to in such amendments.CommentsClose CommentsPermalink
SEC. 544. TUITION FOR ATTENDANCE OF FEDERAL EMPLOYEES AT THE UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.CommentsClose CommentsPermalink
Subsection (e) of
‘(4)(A) The Institute shall charge tuition for the cost of providing instruction at the Institute for any civilian employee of a military department (other than a civilian employee of the Department of the Air Force), of another component of the Department of Defense, or of another Federal agency who receives instruction at the Institute.CommentsClose CommentsPermalink
‘(B) The cost of any tuition charged an individual under this paragraph shall be borne by the department, agency, or component sending the individual for instruction at the Institute.CommentsClose CommentsPermalink
‘(5) Amounts received by the Institute for the instruction of students under this subsection shall be retained by the Institute. Such amounts shall be available to the Institute to cover the costs of such instruction. The source and disposition of such amounts shall be specifically identified in the records of the Institute.’.CommentsClose CommentsPermalink
SEC. 545. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE UNITED STATES AIR FORCE ACADEMY.CommentsClose CommentsPermalink
SEC. 546. REQUIREMENT OF COMPLETION OF SERVICE UNDER HONORABLE CONDITIONS FOR PURPOSES OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS.CommentsClose CommentsPermalink
(a) Requirement of Honorable Service-
(b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to a person described in
(1) separates from a reserve component on or after January 28, 2008, the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008; andCommentsClose CommentsPermalink
(2) as of the date of the enactment of this Act, has not used any of the person’s entitlement to educational assistance under chapter 1607 of such title.CommentsClose CommentsPermalink
SEC. 547. CONSISTENT EDUCATION LOAN REPAYMENT AUTHORITY FOR HEALTH PROFESSIONALS IN REGULAR COMPONENTS AND SELECTED RESERVE.CommentsClose CommentsPermalink
‘(2) The annual maximum amount of a loan that may be repaid under this section shall be the same as the maximum amount in effect for the same year under subsection (e)(2) of section 2173 of this title for the education loan repayment program under such section.’.CommentsClose CommentsPermalink
SEC. 548. INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE OFFICERS’ TRAINING CORPS.CommentsClose CommentsPermalink
(a) Plan for Increase- The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a plan to establish and support, not later than September 30, 2020, not less than 3,700 units of the Junior Reserve Officers’ Training Corps.CommentsClose CommentsPermalink
(b) Exceptions- The requirement imposed in subsection (a) shall not apply--CommentsClose CommentsPermalink
(1) if the Secretary fails to receive an adequate number or requests for Junior Reserve Officers’ Training Corps units by public and private secondary educational institutions; orCommentsClose CommentsPermalink
(2) during a time of national emergency when the Secretaries of the military departments determine that funding must be allocated elsewhere.CommentsClose CommentsPermalink
(c) Cooperation- The Secretary of Defense, as part of the plan to establish and support additional Junior Reserve Officers’ Training Corps units, shall work with local educational agencies to increase the employment in Junior Reserve Officers’ Training Corps units of retired members of the Armed Forces who are retired under chapter 61 of title 10, United States Code, especially members who were wounded or injured while deployed in a contingency operation.CommentsClose CommentsPermalink
(d) Report on Plan- Upon completion of the plan, the Secretary of Defense shall provide a report to the congressional defense committees containing, at a minimum, the following:CommentsClose CommentsPermalink
(1) A description of how the Secretaries of the military departments expect to achieve the number of units of the Junior Reserve Officers’ Training Corps specified in subsection (a), including how many units will be established per year by each service.CommentsClose CommentsPermalink
(2) The annual funding necessary to support the increase in units, including the personnel costs associated.CommentsClose CommentsPermalink
(3) The number of qualified private and public schools, if any, who have requested a Junior Reserve Officers’ Training Corps unit that are on a waiting list.CommentsClose CommentsPermalink
(4) Efforts to improve the increased distribution of units geographically across the United States.CommentsClose CommentsPermalink
(5) Efforts to increase distribution of units in educationally and economically deprived areas.CommentsClose CommentsPermalink
(6) Efforts to enhance employment opportunities for qualified former military members retired for disability, especially those wounded while deployed in a contingency operation.CommentsClose CommentsPermalink
(e) Time for Submission- The plan required under subsection (a), along with the report required by subsection (d), shall be submitted to the congressional defense committees not later than March 31, 2009. The Secretary of Defense shall submit an up-dated report annually thereafter until the minimum number of units of the Junior Reserve Officers’ Training Corps specified in subsection (a) is achieved.CommentsClose CommentsPermalink
SEC. 549. CORRECTION OF ERRONEOUS ARMY COLLEGE FUND BENEFIT AMOUNTS.CommentsClose CommentsPermalink
(a) Correction and Payment Authority-CommentsClose CommentsPermalink
(1) CONSIDERATION OF REQUESTS FOR CORRECTION- The Secretary of the Army may consider, through the Army Board for the Correction of Military Records, a request for the correction of military records relating to the amount of the Army College Fund benefit to which a member or former member of the Armed Forces may be entitled under an Army Incentive Program contract.CommentsClose CommentsPermalink
(2) PAYMENT AUTHORITY- If the Secretary of the Army determines that the correction of military records is appropriate in response to a request received under paragraph (1), the Secretary may pay such amounts as the Secretary considers necessary to ensure fairness and equity with regard to the request.CommentsClose CommentsPermalink
(b) Exception to Payment Limits- A payment under subsection (a)(2) may be made without regard to any limits on the total combined amounts established for the Army College Fund and the Montgomery G.I. Bill.CommentsClose CommentsPermalink
(c) Funding Source- Payments under subsection (a)(2) shall be made solely from funds appropriated for military personnel programs for fiscal year 2009.CommentsClose CommentsPermalink
(d) Termination Date- No payment may be made under subsection (a)(2) after December 31, 2009.CommentsClose CommentsPermalink
SEC. 550. ENHANCING EDUCATION PARTNERSHIPS TO IMPROVE ACCESSIBILITY AND FLEXIBILITY FOR MEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink
(a) Authority- The Secretary of a military department may enter into one or more education partnership agreements with educational institutions in the United States for the purpose of--CommentsClose CommentsPermalink
(1) developing plans to improve the accessibility and flexibility of college courses available to eligible members of the Armed Forces;CommentsClose CommentsPermalink
(2) improving the application process for the Armed Forces tuition assistance programs and raising awareness regarding educational opportunities available to such members;CommentsClose CommentsPermalink
(3) developing curriculum, distance education programs, and career counseling designed to meet the professional, financial, academic, and social needs of such members; andCommentsClose CommentsPermalink
(4) assessing how resources may be applied more effectively to meet the educational needs of such members.CommentsClose CommentsPermalink
(b) Cost- Except as provided in this section, execution of an education partnership agreement with an educational institution shall be at no cost to the Government.CommentsClose CommentsPermalink
(c) Educational Institution Defined- In this section, the term ‘educational institution’ means an accredited college, university, or technical school in the United States.CommentsClose CommentsPermalink
Subtitle F--Defense Dependents’ EducationCommentsClose CommentsPermalink
SEC. 551. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.CommentsClose CommentsPermalink
(a) Assistance to Schools With Significant Numbers of Military Dependent Students- Of the amount authorized to be appropriated for fiscal year 2009 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $35,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (
(b) Assistance to Schools With Enrollment Changes Due to Base Closures, Force Structure Changes, or Force Relocations- Of the amount authorized to be appropriated for fiscal year 2009 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $15,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572.CommentsClose CommentsPermalink
(c) Local Educational Agency Defined- In this section, the term ‘local educational agency’ has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (
SEC. 552. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.CommentsClose CommentsPermalink
Of the amount authorized to be appropriated for fiscal year 2009 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
SEC. 553. TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG LOCAL EDUCATIONAL AGENCIES.CommentsClose CommentsPermalink
Subsection (d) of section 574 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
‘(d) Transition of Military Dependents Among Local Educational Agencies- (1) The Secretary of Defense shall work collaboratively with the Secretary of Education in any efforts to ease the transitions of military dependent students from Department of Defense dependent schools to other schools and among schools of local educational agencies.CommentsClose CommentsPermalink
‘(2) The Secretary of Defense may use funds of the Department of Defense Education Activity for the following purposes:CommentsClose CommentsPermalink
‘(A) To share expertise and experience of the Activity with local educational agencies as military dependent students make the transitions described in paragraph (1), including transitions resulting from the closure or realignment of military installations under a base closure law, global rebasing, and force restructuring.CommentsClose CommentsPermalink
‘(B) To provide programs for local educational agencies with military dependent students undergoing the transitions described in paragraph (1), including--CommentsClose CommentsPermalink
‘(i) distance learning programs; andCommentsClose CommentsPermalink
‘(ii) training programs to improve the ability of military dependent students who attend public schools in the United States and their teachers to meet the educational needs of such students.CommentsClose CommentsPermalink
‘(3) The authority provided by this subsection expires September 30, 2013.’.CommentsClose CommentsPermalink
SEC. 554. CALCULATION OF PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN UNDER DEPARTMENT OF EDUCATION’S IMPACT AID PROGRAM.CommentsClose CommentsPermalink
In fiscal year 2009, section 8003(a)(2)(C)(i) of the Elementary and Secondary Education Act of 1965 (
Subtitle G--Military JusticeCommentsClose CommentsPermalink
SEC. 561. EFFECTIVE PERIOD OF MILITARY PROTECTIVE ORDERS.CommentsClose CommentsPermalink
(a) In General- Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘SEC. 1567. DURATION OF MILITARY PROTECTIVE ORDERS.CommentsClose CommentsPermalink
‘A military protective order issued by a military commander shall remain in effect until such time as the military commander terminates the order or issues a replacement order.’.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
‘1567. Duration of military protective orders.’.CommentsClose CommentsPermalink
SEC. 562. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE ORDER TO CIVILIAN LAW ENFORCEMENT.CommentsClose CommentsPermalink
(a) In General- Chapter 80 of title 10, United States Code, is amended by inserting after section 1567, as added by section 561, the following new section:CommentsClose CommentsPermalink
‘SEC. 1567a. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE ORDER TO CIVILIAN LAW ENFORCEMENT.CommentsClose CommentsPermalink
‘(a) Initial Notification- In the event a military protective order is issued against a member of the armed forces and any individual involved in the order does not reside on a military installation at any time during the duration of the military protective order, the commander of the military installation shall notify the appropriate civilian authorities of--CommentsClose CommentsPermalink
‘(1) the issuance of the protective order; andCommentsClose CommentsPermalink
‘(2) the individuals involved in the order.CommentsClose CommentsPermalink
‘(b) Notification of Changes or Termination- The commander of the military installation also shall notify the appropriate civilian authorities of--CommentsClose CommentsPermalink
‘(1) any change made in a protective order covered by subsection (a); andCommentsClose CommentsPermalink
‘(2) the termination of the protective order.’.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 1567 the following new item:CommentsClose CommentsPermalink
‘1567a. Mandatory notification of issuance of military protective order to civilian law enforcement.’.CommentsClose CommentsPermalink
SEC. 563. IMPLEMENTATION OF INFORMATION DATABASE ON SEXUAL ASSAULT INCIDENTS IN THE ARMED FORCES.CommentsClose CommentsPermalink
(a) Database Required- The Secretary of Defense shall implement a centralized, case-level database for the collection, in a manner consistent with Department of Defense regulations for restricted reporting, and maintenance of information regarding sexual assaults involving a member of the Armed Forces, including information, if available, about the nature of the assault, the victim, the offender, and the outcome of any legal proceedings in connection with the assault.CommentsClose CommentsPermalink
(b) Availability of Database- The database required by subsection (a) shall be available to personnel of the Sexual Assault Prevention and Response Office of the Department of Defense.CommentsClose CommentsPermalink
(c) Implementation-CommentsClose CommentsPermalink
(1) PLAN FOR IMPLEMENTATION- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to provide for the implementation of the database required by subsection (a).CommentsClose CommentsPermalink
(2) RELATION TO DEFENSE INCIDENT-BASED REPORTING SYSTEM- Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing--CommentsClose CommentsPermalink
(A) a description of the current status of the Defense Incident-Based Reporting System; andCommentsClose CommentsPermalink
(B) an explanation of how the Defense Incident-Based Reporting System will relate to the database required by subsection (a).CommentsClose CommentsPermalink
(3) COMPLETION- Not later than 15 months after the date of enactment of this Act, the Secretary shall complete implementation of the database required by subsection (a).CommentsClose CommentsPermalink
(d) Reports- The database required by subsection (a) shall be used to develop and implement congressional reports, as required by--CommentsClose CommentsPermalink
(1) section 577(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
(2) section 596(c) of the National Defense Authorization Act for Fiscal Year 2006 (
(3) section 532 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(4) sections 4361, 6980, and 9361 of title 10, United States Code.CommentsClose CommentsPermalink
(e) Terminology- Section 577(b) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
‘(12) The Secretary shall implement clear, consistent, and streamlined sexual assault terminology for use throughout the Department of Defense.’.CommentsClose CommentsPermalink
Subtitle H--Decorations, Awards, and Honorary PromotionsCommentsClose CommentsPermalink
SEC. 571. REPLACEMENT OF MILITARY DECORATIONS.CommentsClose CommentsPermalink
(a) Replacement Required- Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
-‘Sec. 1135. Replacement of military decorationsCommentsClose CommentsPermalink
‘(a) Replacement- In addition to other authorities available to the Secretary concerned to replace a military decoration, the Secretary concerned shall replace, on a one-time basis and without charge, a military decoration upon the request of the recipient of the military decoration or the immediate next of kin of a deceased recipient.CommentsClose CommentsPermalink
‘(b) Military Decoration Defined- In this section, the term ‘decoration’ means any decoration or award (other than the medal of honor) that may be presented or awarded by the President or the Secretary concerned to a member of the armed forces.’.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
‘1135. Replacement of military decorations.’.CommentsClose CommentsPermalink
SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO RICHARD L. ETCHBERGER FOR ACTS OF VALOR DURING THE VIETNAM WAR.CommentsClose CommentsPermalink
(a) Authorization- Notwithstanding the time limitations specified in
(b) Acts of Valor Described- The acts of valor referred to in subsection (a) are the actions of then Chief Master Sergeant Richard L. Etchberger as Ground Radar Superintendent of Detachment 1, 1043rd Radar Evaluation Squadron on March 11, 1968, during the Vietnam War for which he was originally awarded the Air Force Cross.CommentsClose CommentsPermalink
Subtitle I--Military FamiliesCommentsClose CommentsPermalink
SEC. 581. PRESENTATION OF BURIAL FLAG TO THE SURVIVING SPOUSE AND CHILDREN OF DECEASED MEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink
(a) Inclusion of Surviving Spouse and Children; Consolidation of Flag-Related Authorities- Subsection (e) of
(1) by designating the current text as paragraph (2) and redesignating current paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;CommentsClose CommentsPermalink
(2) by inserting before paragraph (2), as so designated, the following:CommentsClose CommentsPermalink
‘(e) Presentation of Flag of the United States- (1) In the case of a decedent covered by section 1481 of this title, the Secretary concerned may pay the necessary expenses for the presentation of a flag of the United States to the following persons:CommentsClose CommentsPermalink
‘(A) The person designated under subsection (c) to direct disposition of the remains of the decedent.CommentsClose CommentsPermalink
‘(B) The parents or parent of the decedent, if the person to be presented a flag under subparagraph (A) is other than a parent of the decedent.CommentsClose CommentsPermalink
‘(C) The surviving spouse of the decedent (including a surviving spouse who remarries after the decedent’s death), if the person to be presented a flag under subparagraph (A) is other than the surviving spouse.CommentsClose CommentsPermalink
‘(D) Each child of the decedent, regardless of whether the person to be presented a flag under subparagraph (A) is a child of the decedent.’; andCommentsClose CommentsPermalink
(3) by inserting at the end the following new paragraphs:CommentsClose CommentsPermalink
‘(3) A flag to be presented to a person under subparagraph (B), (C), or (D) of paragraph (1) shall be of equal size to the flag presented under subparagraph (A) of such paragraph to the person designated to direct disposition of the remains of the decedent.CommentsClose CommentsPermalink
‘(4) This subsection does not apply to a military prisoner who dies while in the custody of the Secretary concerned and while under a sentence that includes a discharge.CommentsClose CommentsPermalink
‘(5) In this subsection:CommentsClose CommentsPermalink
‘(A) The term ‘parent’ includes a natural parent, a stepparent, a parent by adoption, or a person who for a period of not less than one year before the death of the decedent stood in loco parentis to the decedent. Preference under paragraph (1)(B) shall be given to the persons who exercised a parental relationship at the time of, or most nearly before, the death of the decedent.CommentsClose CommentsPermalink
‘(B) The term ‘child’ has the meaning prescribed by section 1477(d) of this title.’.CommentsClose CommentsPermalink
(b) Repeal of Superseded Provisions- Subsection (a) of such section is amended by striking paragraphs (10) and (11).CommentsClose CommentsPermalink
SEC. 582. EDUCATION AND TRAINING OPPORTUNITIES FOR MILITARY SPOUSES.CommentsClose CommentsPermalink
(a) Employment and Portable Career Opportunities for Spouses- Subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1784 the following new section:CommentsClose CommentsPermalink
‘Sec. 1784a. Education and training opportunities for military spouses to expand employment and portable career opportunitiesCommentsClose CommentsPermalink
‘(a) Programs and Tuition Assistance- (1) The Secretary of Defense may establish programs to assist the spouse of a member of the armed forces described in subsection (b) in achieving--CommentsClose CommentsPermalink
‘(A) the education and training required for a degree or credential at an accredited college, university, or technical school in the United States that expands employment and portable career opportunities for the spouse; orCommentsClose CommentsPermalink
‘(B) the education prerequisites and professional licensure or credential required, by a government or government sanctioned licensing body, for an occupation that expands employment and portable career opportunities for the spouse.CommentsClose CommentsPermalink
‘(2) As an alternative to, or in addition to, establishing a program under this subsection, the Secretary may provide tuition assistance to an eligible spouse who is pursuing education, training, or a license or credential to expand the spouse’s employment and portable career opportunities.CommentsClose CommentsPermalink
‘(b) Eligible Spouses- Assistance under this section is limited to a spouse of a member of the armed forces who is serving on active duty.CommentsClose CommentsPermalink
‘(c) Exceptions- Subsection (b) does not include--CommentsClose CommentsPermalink
‘(1) a person who is married to, but legally separated from, a member of the armed forces under court order or statute of any State or territorial possession of the United States; andCommentsClose CommentsPermalink
‘(2) a spouse of a member of the armed forces who is also a member of the armed forces.CommentsClose CommentsPermalink
‘(d) Portable Career Opportunities Defined- In this section, the term ‘portable career’ includes an occupation identified by the Secretary of Defense, in consultation with the Secretary of Labor, as requiring education and training that results in a credential that is recognized nationwide by industry or specific businesses.CommentsClose CommentsPermalink
‘(e) Regulations- The Secretary of Defense shall prescribe regulations to govern the availability and use of assistance under this section. The Secretary shall ensure that programs established under this section do not result in inequitable treatment for spouses of members of the armed forces who are also members, since they are excluded from participation in the programs under subsection (c)(2).’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1784 the following new item:CommentsClose CommentsPermalink
‘1784a. Education and training opportunities for military spouses to expand employment and portable career opportunities.’.CommentsClose CommentsPermalink
SEC. 583. SENSE OF CONGRESS REGARDING HONOR GUARD DETAILS FOR FUNERALS OF VETERANS.CommentsClose CommentsPermalink
It is the sense of Congress that the Secretaries of the military departments should, to the maximum extent practicable, provide honor guard details for the funerals of veterans as is required under
Subtitle J--Other MattersCommentsClose CommentsPermalink
SEC. 591. PROHIBITION ON INTERFERENCE IN INDEPENDENT LEGAL ADVICE BY THE LEGAL COUNSEL TO THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF.CommentsClose CommentsPermalink
(1) by inserting ‘(1)’ before ‘The Legal Counsel’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) No officer or employee of the Department of Defense may interfere with the ability of the Legal Counsel to give independent legal advice to the Chairman of the Joint Chiefs of Staff and to the Joint Chiefs of Staff.’.CommentsClose CommentsPermalink
SEC. 592. INTEREST PAYMENTS ON CERTAIN CLAIMS ARISING FROM CORRECTION OF MILITARY RECORDS.CommentsClose CommentsPermalink
(a) Interest Payable on Claims- Subsection (c) of
‘(4) If the correction of military records under this section involves setting aside a conviction by court-martial, the payment of a claim under this subsection in connection with the correction of the records shall include interest at a rate to be determined by the Secretary concerned, unless the Secretary determines that the payment of interest is inappropriate under the circumstances. If the payment of the claim is to include interest, the interest shall be calculated on an annual basis, and compounded, using the amount of the lost pay, allowances, compensation, emoluments, or other pecuniary benefits involved, and the amount of any fine or forfeiture paid, beginning from the date of the conviction through the date on which the payment is made.’.CommentsClose CommentsPermalink
(b) Clerical Amendments- Subsection (c) of such section is further amended--CommentsClose CommentsPermalink
(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;CommentsClose CommentsPermalink
(2) by inserting ‘(1)’ after ‘(c)’;CommentsClose CommentsPermalink
(3) by striking ‘If the claimant’ and inserting the following:CommentsClose CommentsPermalink
‘(2) If the claimant’; andCommentsClose CommentsPermalink
(4) by striking ‘A claimant’s acceptance’ and inserting the following:CommentsClose CommentsPermalink
‘(3) A claimant’s acceptance’.CommentsClose CommentsPermalink
(c) Retroactive Effectiveness of Amendments- The amendment made by subsection (a) shall apply with respect to any sentence of a court-martial set aside by a Corrections Board on or after October 1, 2007, when the Corrections Board includes an order or recommendation for the payment of a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, that arose as a result of the conviction. In this subsection, the term ‘Corrections Board’ has the meaning given that term in
SEC. 593. EXTENSION OF LIMITATION ON REDUCTIONS OF PERSONNEL OF AGENCIES RESPONSIBLE FOR REVIEW AND CORRECTION OF MILITARY RECORDS.CommentsClose CommentsPermalink
SEC. 594. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER NATIONAL GUARD YOUTH CHALLENGE PROGRAM.CommentsClose CommentsPermalink
(a) In General- Subsection (d) of
‘(d) Matching Funds Required- (1) The amount of assistance provided by the Secretary of Defense to a State program of the Program for a fiscal year under this section may not exceed 60 percent of the costs of operating the State program during that fiscal year.CommentsClose CommentsPermalink
‘(2) The limitation in paragraph (1) may not be construed as a limitation on the amount of assistance that may be provided to a State program of the Program for a fiscal year from sources other than the Department of Defense.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2008, and shall apply with respect to fiscal years beginning on or after that date.CommentsClose CommentsPermalink
SEC. 595. MILITARY SALUTE FOR THE FLAG DURING THE NATIONAL ANTHEM BY MEMBERS OF THE ARMED FORCES NOT IN UNIFORM AND BY VETERANS.CommentsClose CommentsPermalink
‘(A) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note;CommentsClose CommentsPermalink
‘(B) members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; andCommentsClose CommentsPermalink
‘(C) all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart; and’.CommentsClose CommentsPermalink
SEC. 596. MILITARY LEADERSHIP DIVERSITY COMMISSION.CommentsClose CommentsPermalink
(a) Establishment of Commission- There is hereby established a commission to be known as the ‘Military Leadership Diversity Commission’ (in this section referred to as the ‘commission’).CommentsClose CommentsPermalink
(b) Composition-CommentsClose CommentsPermalink
(1) MEMBERSHIP- The commission shall be composed of the following members:CommentsClose CommentsPermalink
(A) The Director of the Defense Manpower Management Center.CommentsClose CommentsPermalink
(B) The Director of the Defense Equal Opportunity Management Institute.CommentsClose CommentsPermalink
(C) A commissioned officer from each of the Army, Navy, Air Force, and Marine Corps who serves or has served in a leadership position with either a military department command or combatant command.CommentsClose CommentsPermalink
(D) A retired general or flag officer from each of the Army, Navy, Air Force, and Marine Corps.CommentsClose CommentsPermalink
(E) A retired noncommissioned officer from each of the Army, Navy, Air Force, and Marine Corps.CommentsClose CommentsPermalink
(F) Five retired commissioned officers who served in leadership positions with either a military department command or combatant command, of whom no less than three shall represent the views of minority veterans.CommentsClose CommentsPermalink
(G) Four individuals with expertise in cultivating diverse leaders in private or non-profit organizations.CommentsClose CommentsPermalink
(H) An attorney with appropriate experience and expertise in constitutional and legal matters related to the duties and responsibilities of the commission.CommentsClose CommentsPermalink
(2) APPOINTMENT- The members of the commission referred to in subparagraphs (C) through (H) of paragraph (1) shall be appointed by the Secretary of Defense.CommentsClose CommentsPermalink
(3) CHAIRMAN- The Secretary of Defense shall designate one member described in paragraphs (1)(F) or (1)(G) as chairman of the commission.CommentsClose CommentsPermalink
(4) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed for the life of the commission. Any vacancy in the commission shall be filled in the same manner as the original appointment.CommentsClose CommentsPermalink
(5) DEADLINE FOR APPOINTMENT- All members of the commission shall be appointed not later than 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(6) QUORUM- Fifteen members of the commission shall constitute a quorum but a lesser number may hold hearings.CommentsClose CommentsPermalink
(c) Meetings-CommentsClose CommentsPermalink
(1) INITIAL MEETING- The commission shall conduct its first meeting not later than 30 days after the date on which a majority of the appointed members of the commission have been appointed.CommentsClose CommentsPermalink
(2) MEETINGS- The commission shall meet at the call of the chairman.CommentsClose CommentsPermalink
(d) Duties-CommentsClose CommentsPermalink
(1) STUDY- The commission shall conduct a comprehensive evaluation and assessment of policies that provide opportunities for the promotion and advancement of minority members of the Armed Forces, including minority members who are senior officers.CommentsClose CommentsPermalink
(2) SCOPE OF STUDY- In carrying out the study, the commission shall examine the following:CommentsClose CommentsPermalink
(A) The efforts to develop and maintain diverse leadership at all levels of the Armed Forces.CommentsClose CommentsPermalink
(B) The successes and failures of developing and maintaining a diverse leadership, particularly at the general and flag officer positions.CommentsClose CommentsPermalink
(C) The effect of expanding Department of Defense secondary educational programs to diverse civilian populations, to include military service academy preparatory schools.CommentsClose CommentsPermalink
(D) The ability of current recruitment and retention practices to attract and maintain a diverse pool of qualified individuals in sufficient numbers in officer pre-commissioning programs.CommentsClose CommentsPermalink
(E) The ability of current activities to increase continuation rates for ethnic-and gender-specific members of the Armed Forces.CommentsClose CommentsPermalink
(F) The benefits of conducting an annual conference attended by civilian military, active-duty and retired military, and corporate leaders on diversity, to include a review of current policy and the annual demographic data from the Defense Equal Opportunity Management Institute.CommentsClose CommentsPermalink
(G) The status of prior recommendations made to the Department of Defense and to Congress concerning diversity initiatives within the Armed Forces.CommentsClose CommentsPermalink
(H) The incorporation of private sector practices that have been successful in cultivating diverse leadership.CommentsClose CommentsPermalink
(I) The establishment and maintenance of fair promotion and command opportunities for ethnic- and gender-specific members of the Armed Forces at the O-5 grade level and above.CommentsClose CommentsPermalink
(J) An assessment of pre-command billet assignments of ethnic-specific members of the Armed Forces.CommentsClose CommentsPermalink
(K) An assessment of command selection of ethnic-specific members of the Armed Forces.CommentsClose CommentsPermalink
(L) The development of a uniform definition, to be used throughout the Department of Defense, of diversity that is congruent with the core values and vision of the Department for the future workforce.CommentsClose CommentsPermalink
(M) The existing metrics and milestones for evaluating the diversity plans of the Department (including the plans of the military departments) and for facilitating future evaluation and oversight.CommentsClose CommentsPermalink
(N) The existence and maintenance of fair promotion, assignment, and command opportunities for ethnic- and gender-specific members of the Armed Forces at the levels of warrant officer, chief warrant officer, company and junior grade, field and mid-grade, and general and flag officer.CommentsClose CommentsPermalink
(O) The current institutional structure of the Office of Diversity Management and Equal Opportunity of the Department, and of similar officers of the military departments, and their ability to ensure effective and accountable diversity management across the Department.CommentsClose CommentsPermalink
(P) The options available for improving the substance or implementation of current plans and policies of the Department and the military departments.CommentsClose CommentsPermalink
(3) CONSULTATION WITH PRIVATE PARTIES- In carrying out the study under this subsection, the commission may consult with appropriate private, for profit, and non-profit organizations and advocacy groups to learn methods for developing, implementing, and sustaining senior diverse leadership within the Department of Defense.CommentsClose CommentsPermalink
(e) Reports-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 12 months after the date on which the commission first meets, the commission shall submit to the President and Congress a report on the study. The report shall include the following:CommentsClose CommentsPermalink
(A) The findings and conclusions of the commission.CommentsClose CommentsPermalink
(B) The recommendations of the commission for improving diversity within the Armed Forces.CommentsClose CommentsPermalink
(C) Such other information and recommendations as the commission considers appropriate.CommentsClose CommentsPermalink
(2) INTERIM REPORTS- The commission may submit to the President and Congress interim reports as the Commission considers appropriate.CommentsClose CommentsPermalink
(f) Powers of the Commission-CommentsClose CommentsPermalink
(1) HEARINGS- The commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the commission considers appropriate.CommentsClose CommentsPermalink
(2) INFORMATION FROM FEDERAL AGENCIES- Upon request by the chairman of the commission, any department or agency of the Federal Government may provide information that the commission considers necessary to carry out its duties.CommentsClose CommentsPermalink
(g) Inclusion of Coast Guard-CommentsClose CommentsPermalink
(1) COAST GUARD REPRESENTATION- In addition to the members of the commission required by subsection (b), the commission shall include two additional members, appointed by the Secretary of Homeland Security, in consultation with the Commandant of the Coast Guard, as follows:CommentsClose CommentsPermalink
(A) A retired flag officer of the Coast Guard.CommentsClose CommentsPermalink
(B) A commissioned officer or noncommissioned officer of the Coast Guard on active duty.CommentsClose CommentsPermalink
(2) ARMED FORCES DEFINED- In this section, the term ‘Armed Forces’ means the Army, Navy, Air Force, Marine Corps, and Coast Guard.CommentsClose CommentsPermalink
(h) Termination of Commission- The commission shall terminate 60 days after the date on which the commission submits the report under subsection (e)(1).CommentsClose CommentsPermalink
SEC. 597. DEMONSTRATION PROJECT ON SERVICE OF RETIRED NURSE CORPS OFFICERS AS FACULTY AT CIVILIAN NURSING SCHOOLS.CommentsClose CommentsPermalink
(a) In General- The Secretary of Defense may conduct a demonstration project to encourage retired military nurses to serve as faculty at civilian nursing schools.CommentsClose CommentsPermalink
(b) Eligibility Requirements-CommentsClose CommentsPermalink
(1) INDIVIDUAL- An individual is eligible to participate in the demonstration project if the individual--CommentsClose CommentsPermalink
(A) is a retired nurse corps officer of one of the Armed Forces;CommentsClose CommentsPermalink
(B) has had at least 26 years of active Federal commissioned service before retiring; andCommentsClose CommentsPermalink
(C) possesses a doctoral or master degree in nursing that qualifies the officer to become a full faculty member of an accredited school of nursing.CommentsClose CommentsPermalink
(2) INSTITUTION- An accredited school of nursing is eligible to participate in the demonstration project if the school or its parent institution of higher education--CommentsClose CommentsPermalink
(A) is a school of nursing that is accredited to award, at a minimum, a bachelor of science in nursing and provides educational programs leading to such degree;CommentsClose CommentsPermalink
(B) has a resident Reserve Officers’ Training Corps unit at the institution of higher education that fulfils the requirements of sections 2101 and 2102 of title 10, United States Code;CommentsClose CommentsPermalink
(C) does not prevent Reserve Officers’ Training Corps access or military recruiting on campus, as defined in
(D) provides any retired nurse corps officer participating in the demonstration project a salary and other compensation at the level to which other similarly situated faculty members of the accredited school of nursing are entitled, as determined by the Secretary of Defense; andCommentsClose CommentsPermalink
(E) agrees to comply with subsection (d).CommentsClose CommentsPermalink
(c) Compensation- The Secretary of Defense may authorize a Secretary of a military department to authorize qualified institutions of higher education to employ as faculty those eligible individuals (as described in subsection (b)) who are receiving retired pay, whose qualifications are approved by the Secretary and the institution of higher education concerned, and who request such employment, subject to the following:CommentsClose CommentsPermalink
(1) A retired nurse corps officer so employed is entitled to receive the officer’s retired pay without reduction by reason of any additional amount paid to the officer by the institution of higher education concerned. In the case of payment of any such additional amount by the institution of higher education concerned, the Secretary of the military department concerned may pay to that institution the amount equal to one-half the amount paid to the retired officer by the institution for any period, up to a maximum of one-half of the difference between the officer’s retired pay for that period and the active duty pay and allowances that the officer would have received for that period if on active duty. Payments by the Secretary concerned under this paragraph shall be made from funds specifically appropriated for that purpose.CommentsClose CommentsPermalink
(2) Notwithstanding any other provision of law contained in title 10, title 32, or title 37, United States Code, such a retired nurse corps officer is not, while so employed, considered to be on active duty or inactive duty training for any purpose.CommentsClose CommentsPermalink
(d) Scholarships for Nurse Officer Candidates- For purposes of the eligibility of an institution under subsection (b)(2)(E), the following requirements apply:CommentsClose CommentsPermalink
(1) Each accredited school of nursing at which a retired nurse corps officer serves on the faculty under this section shall provide full academic scholarships to individuals undertaking an educational program at such school leading to a bachelor of science in nursing degree who agree, upon completion of such program, to accept a commission as an officer in the nurse corps of one of the Armed Forces.CommentsClose CommentsPermalink
(2) The total number of scholarships provided by an accredited school of nursing under paragraph (1) for each officer serving on the faculty of that school under this section shall be such number as the Secretary of Defense shall specify for purposes of this section.CommentsClose CommentsPermalink
(3) Each accredited school of nursing shall pay to the Department of Defense an amount equal to the value of the scholarship for every nurse officer candidate who fails to be accessed as a nurse corps officer into one of the Armed Forces within one year of receiving a bachelor of science degree in nursing from that school.CommentsClose CommentsPermalink
(4) The Secretary concerned is authorized to discontinue the demonstration project authorized in this section at any institution of higher education that fails to fulfill the requirements of paragraph (3).CommentsClose CommentsPermalink
(e) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 24 months after the commencement of any demonstration project under this section, the Secretary of Defense shall submit to the congressional defense committees a report on the demonstration project. The report shall include a description of the project and a description of plans for the continuation of the project, if any.CommentsClose CommentsPermalink
(2) ELEMENTS- The report shall also include, at a minimum, the following:CommentsClose CommentsPermalink
(A) The current number of retired nurse corps officers who have at least 26 years of active Federal commissioned service who would be eligible to participate in the program.CommentsClose CommentsPermalink
(B) The number of retired nurse corps officers participating in the demonstration project.CommentsClose CommentsPermalink
(C) The number of accredited schools of nursing participating in the demonstration project.CommentsClose CommentsPermalink
(D) The number of nurse officer candidates who have accessed into the military as commissioned nurse corps officers.CommentsClose CommentsPermalink
(E) The number of scholarships awarded to nurse officer candidates.CommentsClose CommentsPermalink
(F) The number of nurse officer candidates who have failed to access into the military, if any.CommentsClose CommentsPermalink
(G) The amount paid to the Department of Defense in the event any nurse officer candidates awarded scholarships by the accredited school of nursing fail to access into the military as commissioned nurse corps officers.CommentsClose CommentsPermalink
(H) The funds expended in the operation of the demonstration project.CommentsClose CommentsPermalink
(I) The recommendation of the Secretary of Defense as to whether the demonstration project should be extended.CommentsClose CommentsPermalink
(f) Definitions- In this section, the terms ‘school of nursing’ and ‘accredited’ have the meeting given those terms in section 801 of the Public Health Service Act (
(g) Sunset- The authority in this section shall expire on June 30, 2014.CommentsClose CommentsPermalink
SEC. 598. REPORT ON PLANNING FOR PARTICIPATION AND HOSTING OF THE DEPARTMENT OF DEFENSE IN INTERNATIONAL SPORTS ACTIVITIES, COMPETITIONS, AND EVENTS.CommentsClose CommentsPermalink
(a) Report Required- Not later than October 1, 2009, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a comprehensive plan for the following:CommentsClose CommentsPermalink
(1) The participation by personnel of the Department of Defense in international sports activities, competitions, and events (including the Pan American Games, the Olympic Games, the Paralympic Games, the Military World Games, other activities of the International Military Sports Council (CISM), and the Interallied Confederation of Reserve Officers (CIOR)) through fiscal year 2015.CommentsClose CommentsPermalink
(2) The hosting by the Department of Defense of military international sports activities, competitions, and events through fiscal year 2015.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) A discussion of the military international sports activities, competitions, and events that the Department of Defense intends to seek to host, an estimate of the costs of hosting such activities, competitions, and events that the Department intends to seek to host, and a description of the sources of funding for such costs.CommentsClose CommentsPermalink
(2) A discussion of the use and replenishment of funds in the account in the Treasury for the Support for International Sporting Competitions for the hosting of such activities, competitions, and events that the Department intends to seek to host.CommentsClose CommentsPermalink
(3) A discussion of the support that may be obtained from other departments and agencies of the Federal Government, State and local governments, and private entities in encouraging participation of members of the Armed Forces in international sports activities, competitions, and events or in hosting of military international sports activities, competitions, and events.CommentsClose CommentsPermalink
(4) Such recommendations for legislative or administrative action as the Secretary considers appropriate to implement or enhance planning for the matters described in subsection (a).CommentsClose CommentsPermalink
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITSCommentsClose CommentsPermalink
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2009 increase in military basic pay.CommentsClose CommentsPermalink
Sec. 602. Permanent extension of prohibition on charges for meals received at military treatment facilities by members receiving continuous care.CommentsClose CommentsPermalink
Sec. 603. Increase in maximum authorized payment or reimbursement amount for temporary lodging expenses.CommentsClose CommentsPermalink
Sec. 604. Availability of second family separation allowance for married couples with dependents.CommentsClose CommentsPermalink
Sec. 605. Extension of authority for income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.CommentsClose CommentsPermalink
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces.CommentsClose CommentsPermalink
Sec. 612. Extension of certain bonus and special pay authorities for health care professionals.CommentsClose CommentsPermalink
Sec. 613. Extension of special pay and bonus authorities for nuclear officers.CommentsClose CommentsPermalink
Sec. 614. Extension of authorities relating to payment of other title 37 bonuses and special pays.CommentsClose CommentsPermalink
Sec. 615. Extension of authorities relating to payment of referral bonuses.CommentsClose CommentsPermalink
Sec. 616. Increase in maximum bonus and stipend amounts authorized under Nurse Officer Candidate Accession Program and health professions stipend program.CommentsClose CommentsPermalink
Sec. 617. Maximum length of nuclear officer incentive pay agreements for service.CommentsClose CommentsPermalink
Sec. 618. Technical changes regarding consolidation of special pay, incentive pay, and bonus authorities of the uniformed services.CommentsClose CommentsPermalink
Sec. 619. Use of new skill incentive pay and proficiency bonus authorities to encourage training in critical foreign languages and foreign cultural studies and authorization of incentive pay for members of precommissioning programs pursuing foreign language proficiency.CommentsClose CommentsPermalink
Sec. 620. Accession and retention bonuses for the recruitment and retention of officers in certain health professions.CommentsClose CommentsPermalink
Subtitle C--Travel and Transportation Allowances
Sec. 621. Special weight allowance for transportation of professional books and equipment for spouses.CommentsClose CommentsPermalink
Sec. 622. Shipment of family pets during evacuation of personnel.CommentsClose CommentsPermalink
Subtitle D--Retired Pay and Survivor Benefits
Sec. 631. Extension to survivors of certain members who die on active duty of special survivor indemnity allowance for persons affected by required Survivor Benefit Plan annuity offset for dependency and indemnity compensation.CommentsClose CommentsPermalink
Sec. 632. Correction of unintended reduction in survivor benefit plan annuities due to phased elimination of two-tier annuity computation and supplemental annuity.CommentsClose CommentsPermalink
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits and Operations
Sec. 641. Use of commissary stores surcharges derived from temporary commissary initiatives for reserve component and retired members.CommentsClose CommentsPermalink
Sec. 642. Enhanced enforcement of prohibition on sale or rental of sexually explicit material on military installations.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 651. Continuation of entitlement to bonuses and similar benefits for members of the uniformed services who die, are separated or retired for disability, or meet other criteria.CommentsClose CommentsPermalink
Subtitle A--Pay and AllowancesCommentsClose CommentsPermalink
SEC. 601. FISCAL YEAR 2009 INCREASE IN MILITARY BASIC PAY.CommentsClose CommentsPermalink
(a) Waiver of Section 1009 Adjustment- The adjustment to become effective during fiscal year 2009 required by
(b) Increase in Basic Pay- Effective on January 1, 2009, the rates of monthly basic pay for members of the uniformed services are increased by 3.9 percent.CommentsClose CommentsPermalink
SEC. 602. PERMANENT EXTENSION OF PROHIBITION ON CHARGES FOR MEALS RECEIVED AT MILITARY TREATMENT FACILITIES BY MEMBERS RECEIVING CONTINUOUS CARE.CommentsClose CommentsPermalink
(1) in paragraph (1), by striking ‘during any month covered by paragraph (3)’ and all that follows through ‘this section’; andCommentsClose CommentsPermalink
(2) by striking paragraph (3).CommentsClose CommentsPermalink
SEC. 603. INCREASE IN MAXIMUM AUTHORIZED PAYMENT OR REIMBURSEMENT AMOUNT FOR TEMPORARY LODGING EXPENSES.CommentsClose CommentsPermalink
SEC. 604. AVAILABILITY OF SECOND FAMILY SEPARATION ALLOWANCE FOR MARRIED COUPLES WITH DEPENDENTS.CommentsClose CommentsPermalink
(a) Availability-
(1) by inserting ‘(1)’ before ‘A member’;CommentsClose CommentsPermalink
(2) by striking ‘Section 421’ and inserting the following:CommentsClose CommentsPermalink
‘(3) Section 421’;CommentsClose CommentsPermalink
(3) by striking ‘However’ and inserting ‘Except as provided in paragraph (2)’; andCommentsClose CommentsPermalink
(4) by inserting before paragraph (3), as so designated, the following new paragraph:CommentsClose CommentsPermalink
‘(2) If a married couple, both of whom are members of the uniformed services, with dependents are simultaneously assigned to duties described in subparagraph (A), (B), or (C) of subsection (a)(1) and the members resided together with their dependents immediately before their assignments, the Secretary concerned shall pay each of the members the full amount of the monthly allowance specified in such subsection until one of the members is no longer assigned to duties described in such subparagraphs. Upon expiration of the additional allowance, paragraph (1) shall continue to apply to the remaining member so long as the member is assigned to duties described in subparagraph (A), (B), or (C) of such subsection.’.CommentsClose CommentsPermalink
(b) Application of Amendment- Paragraph (2) of subsection (d) of
SEC. 605. EXTENSION OF AUTHORITY FOR INCOME REPLACEMENT PAYMENTS FOR RESERVE COMPONENT MEMBERS EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE.CommentsClose CommentsPermalink
Subtitle B--Bonuses and Special and Incentive PaysCommentsClose CommentsPermalink
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES.CommentsClose CommentsPermalink
(a) Selected Reserve Reenlistment Bonus-
(b) Selected Reserve Affiliation or Enlistment Bonus- Section 308c(i) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(c) Special Pay for Enlisted Members Assigned to Certain High Priority Units- Section 308d(c) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(d) Ready Reserve Enlistment Bonus for Persons Without Prior Service- Section 308g(f)(2) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(e) Ready Reserve Enlistment and Reenlistment Bonus for Persons With Prior Service- Section 308h(e) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(f) Selected Reserve Enlistment Bonus for Persons With Prior Service- Section 308i(f) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS.CommentsClose CommentsPermalink
(a) Nurse Officer Candidate Accession Program-
(b) Repayment of Education Loans for Certain Health Professionals Who Serve in the Selected Reserve- Section 16302(d) of such title is amended--CommentsClose CommentsPermalink
(1) by striking ‘before’ and inserting ‘on or before’; andCommentsClose CommentsPermalink
(2) by striking ‘January 1, 2009’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(c) Accession Bonus for Registered Nurses-
(d) Incentive Special Pay for Nurse Anesthetists- Section 302e(a)(1) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(e) Special Pay for Selected Reserve Health Professionals in Critically Short Wartime Specialties- Section 302g(e) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(f) Accession Bonus for Dental Officers- Section 302h(a)(1) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(g) 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
(h) Accession Bonus for Medical Officers in Critically Short Wartime Specialties- Section 302k(f) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(i) Accession Bonus for Dental Specialist Officers in Critically Short Wartime Specialties- Section 302l(g) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS.CommentsClose CommentsPermalink
(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. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS.CommentsClose CommentsPermalink
(a) Aviation Officer Retention Bonus-
(b) Assignment Incentive Pay- Section 307a(g) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(c) Reenlistment Bonus for Active Members- Section 308(g) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(d) Enlistment Bonus- Section 309(e) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(e) Accession Bonus for New Officers in Critical Skills- Section 324(g) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(f) Incentive Bonus for Conversion to Military Occupational Specialty to Ease Personnel Shortage- Section 326(g) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(g) Accession Bonus for Officer Candidates- Section 330(f) of such title is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(h) Retention Bonus for Members With Critical Military Skills or Assigned to High Priority Units- Section 355(i) of such title, as redesignated by section 661(c) of the National Defense Authorization Act for Fiscal Year 2008, is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REFERRAL BONUSES.CommentsClose CommentsPermalink
(a) Health Professions Referral Bonus- Subsection (i) of
(b) Army Referral Bonus- Subsection (h) of
SEC. 616. INCREASE IN MAXIMUM BONUS AND STIPEND AMOUNTS AUTHORIZED UNDER NURSE OFFICER CANDIDATE ACCESSION PROGRAM AND HEALTH PROFESSIONS STIPEND PROGRAM.CommentsClose CommentsPermalink
(a) Bonus Under Nurse Officer Candidate Accession Program-
(1) by striking ‘$10,000’ and inserting ‘$20,000’; andCommentsClose CommentsPermalink
(2) by striking ‘$5,000’ and inserting ‘$10,000’.CommentsClose CommentsPermalink
(b) Monthly Stipend Under Nurse Officer Candidate Accession Program- Section 2130a(a)(2) of title is amended by striking ‘of not more than $1,000’ and inserting ‘in an amount not to exceed the stipend rate in effect under section 2121(d) of this title’.CommentsClose CommentsPermalink
(c) Monthly Stipend for Students in Nursing or Other Health Professions Under Health Professions Stipend Program- Section 16201(e)(2)(A) of title is amended by striking ‘stipend of $100 per month’ and inserting ‘monthly stipend in an amount not to exceed the stipend rate in effect under section 2121(d) of this title’.CommentsClose CommentsPermalink
SEC. 617. MAXIMUM LENGTH OF NUCLEAR OFFICER INCENTIVE PAY AGREEMENTS FOR SERVICE.CommentsClose CommentsPermalink
SEC. 618. TECHNICAL CHANGES REGARDING CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES OF THE UNIFORMED SERVICES.CommentsClose CommentsPermalink
(a) Eligibility Requirements for Nuclear Officer Bonus and Incentive Pay-
(1) in subsection (a)(2), by striking ‘and operational’; andCommentsClose CommentsPermalink
(2) in subsection (b)(2), by striking ‘and operational’.CommentsClose CommentsPermalink
(b) Relationship of Aviation Incentive Pay to Other Pay and Allowances- Section 334(f)(1) of such title is amended by striking ‘section 351’ and inserting ‘section 351(a)(2)’.CommentsClose CommentsPermalink
(c) Health Professions Incentive Pay- Section 335(e)(1)(D)(i) of such title is amended by striking ‘dental surgeons’ and inserting ‘dental officers’.CommentsClose CommentsPermalink
(d) No Pro-Rated Payment of Certain Hazardous Duty Pays- Section 351(c) of such title is amended by striking ‘subsection (a)’ and inserting ‘paragraph (1) or (3) of subsection (a)’.CommentsClose CommentsPermalink
(e) Availability of Hazardous Duty Pay- Section 351(f) of such title is amended--CommentsClose CommentsPermalink
(1) by striking ‘in administering subsection (a)’ and inserting ‘in connection with determining whether a triggering event has occurred for the provision of hazardous duty pay under subsection (a)(1)’; andCommentsClose CommentsPermalink
(2) by striking the last sentence.CommentsClose CommentsPermalink
SEC. 619. USE OF NEW SKILL INCENTIVE PAY AND PROFICIENCY BONUS AUTHORITIES TO ENCOURAGE TRAINING IN CRITICAL FOREIGN LANGUAGES AND FOREIGN CULTURAL STUDIES AND AUTHORIZATION OF INCENTIVE PAY FOR MEMBERS OF PRECOMMISSIONING PROGRAMS PURSUING FOREIGN LANGUAGE PROFICIENCY.CommentsClose CommentsPermalink
(a) Eligibility for Skill Proficiency Bonus-CommentsClose CommentsPermalink
(1) ELIGIBILITY- Subsection (b) of
‘(b) Skill Proficiency Bonus-CommentsClose CommentsPermalink
‘(1) AVAILABILITY; ELIGIBLE PERSONS- The Secretary concerned may pay a proficiency bonus to a member of a regular or reserve component of the uniformed services who--CommentsClose CommentsPermalink
‘(A) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title or is enrolled in an officer training program; andCommentsClose CommentsPermalink
‘(B) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned or is in training to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned.CommentsClose CommentsPermalink
‘(2) INCLUSION OF CERTAIN SENIOR ROTC MEMBERS- A proficiency bonus may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers’ Training Corps program even though the student is in the first year of the four-year course under the program. During the period covered by the proficiency bonus, the student shall also be entitled to a monthly subsistence allowance under section 209(c) of this title even though the student has not entered into an agreement under section 2103a of title 10. However, if the student receives incentive pay under subsection (g)(2) for the same period, the student may receive only a single monthly subsistence allowance under section 209(c) of this title.’.CommentsClose CommentsPermalink
(2) AVAILABILITY OF INCENTIVE PAY FOR PARTICIPATION IN FOREIGN LANGUAGE EDUCATION OR TRAINING PROGRAMS- Such section is further amended--CommentsClose CommentsPermalink
(A) by redesignating subsections (g), (h), and (i) as subsections (h), (i), and (j), respectively; andCommentsClose CommentsPermalink
(B) by inserting after subsection (f) the following new subsection (g):CommentsClose CommentsPermalink
‘(g) Foreign Language Studies in Officer Training Programs-CommentsClose CommentsPermalink
‘(1) AVAILABILITY OF INCENTIVE PAY- The Secretary concerned may pay incentive pay to a person enrolled in an officer training program to also participate in an education or training program to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned.CommentsClose CommentsPermalink
‘(2) INCLUSION OF CERTAIN SENIOR ROTC MEMBERS- Incentive pay may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers’ Training Corps program even though the student is in the first year of the four-year course under the program. While the student receives the incentive pay, the student shall also be entitled to a monthly subsistence allowance under section 209(c) of this title even though the student has not entered into an agreement under section 2103a of title 10. However, if the student receives a proficiency bonus under subsection (b)(2) covering the same month, the student may receive only a single monthly subsistence allowance under section 209(c) of this title.CommentsClose CommentsPermalink
‘(3) CRITICAL FOREIGN LANGUAGE DEFINED- In this section, the term ‘critical foreign language’ includes Arabic, Korean, Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian, Russian, Portuguese, or other language designated as critical by the Secretary concerned.’.CommentsClose CommentsPermalink
(b) Incentive Pay Authorized-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 5 of title 37, United States Code, is amended by inserting after section 316 the following new section:CommentsClose CommentsPermalink
-‘Sec. 316a. Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiencyCommentsClose CommentsPermalink
‘(a) Incentive Pay- The Secretary of Defense may pay incentive pay under this section to an individual who--CommentsClose CommentsPermalink
‘(1) is enrolled as a member of the Senior Reserve Officers’ Training Corps or the Marine Corps Platoon Leaders Class, as determined in accordance with regulations prescribed by the Secretary of Defense under subsection (e); andCommentsClose CommentsPermalink
‘(2) participates in a language immersion program approved for purposes of the Senior Reserve Officers’ Training Corps, or in study abroad, or is enrolled in an academic course that involves instruction in a foreign language of strategic interest to the Department of Defense as designated by the Secretary of Defense for purposes of this section.CommentsClose CommentsPermalink
‘(b) Period of Payment- Incentive pay is payable under this section to an individual described in subsection (a) for the period of the individual’s participation in the language program or study described in paragraph (2) of that subsection.CommentsClose CommentsPermalink
‘(c) Amount- The amount of incentive pay payable to an individual under this section may not exceed $3,000 per year.CommentsClose CommentsPermalink
‘(d) Repayment- An individual who is paid incentive pay under this section but who does not satisfactorily complete participation in the individual’s language program or study as described in subsection (a)(2), or who does not complete the requirements of the Senior Reserve Officers’ Training Corps or the Marine Corps Platoon Leaders Class, as applicable, shall be subject to the repayment provisions of section 303a(e) of this title.CommentsClose CommentsPermalink
‘(e) Regulations- This section shall be administered under regulations prescribed by the Secretary of Defense.CommentsClose CommentsPermalink
‘(f) Reports- Not later than January 1, 2010, and annually thereafter through 2014, the Secretary of Defense shall submit to the Director of the Office of Management and Budget, and to Congress, a report on the payment of incentive pay under this section during the preceding fiscal year. Each report shall include, for the fiscal year covered by such report, the following:CommentsClose CommentsPermalink
‘(1) The number of individuals paid incentive pay under this section, the number of individuals commencing receipt of incentive pay under this section, and the number of individuals ceasing receipt of incentive pay under this section.CommentsClose CommentsPermalink
‘(2) The amount of incentive pay paid to individuals under this section.CommentsClose CommentsPermalink
‘(3) The aggregate amount recouped under section 303a(e) of this title in connection with receipt of incentive pay under this section.CommentsClose CommentsPermalink
‘(4) The languages for which incentive pay was paid under this section, including the total amount paid for each such language.CommentsClose CommentsPermalink
‘(5) The effectiveness of incentive pay under this section in assisting the Department of Defense in securing proficiency in foreign languages of strategic interest to the Department of Defense, including a description of how recipients of pay under this section are assigned and utilized following completion of the program of study.CommentsClose CommentsPermalink
‘(g) Termination of Authority- No incentive pay may be paid under this section after December 31, 2013.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 316 the following new item:CommentsClose CommentsPermalink
‘316a. Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiency.’.CommentsClose CommentsPermalink
(c) Pilot Program for Foreign Language Proficiency Training for Reserve Members-CommentsClose CommentsPermalink
(1) PILOT PROGRAM REQUIRED- The Secretary of Defense shall conduct a pilot program to provide a skill proficiency bonus under
, to a member of a reserve component of the uniformed services who is entitled to compensation under section 206 of such title while the member participates in an education or training program to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical under such section 353.CommentsClose CommentsPermalink section 353(b) of title 37, United States Code (2) DURATION OF PILOT PROGRAM- The Secretary shall conduct the pilot program during the period beginning on October 1, 2008, and ending on December 31, 2013. Incentive pay may not be provided under the pilot program after December 31, 2013.CommentsClose CommentsPermalink
(3) REPORTING REQUIREMENT- Not later than March 31, 2012, the Secretary shall submit to Congress a report containing the results of the pilot program and the recommendations of the Secretary regarding whether to continue or expand the pilot program.CommentsClose CommentsPermalink
(d) Expedited Implementation- Notwithstanding section 662 of the National Defense Authorization Act for Fiscal Year 2008 (
; 122 Stat. 180; Public Law 110-181 note), the Secretary of a military department may immediately implement the amendments made by subsection (a) in order to ensure the prompt availability of proficiency bonuses and incentive pay under 37 U.S.C. 301 , as amended by such subsections, for persons enrolled in officer training programs.CommentsClose CommentsPermalink section 353 of title 37, United States Code
SEC. 620. ACCESSION AND RETENTION BONUSES FOR THE RECRUITMENT AND RETENTION OF OFFICERS IN CERTAIN HEALTH PROFESSIONS.CommentsClose CommentsPermalink
(a) Targeted Bonus Authority to Increase Direct Accessions-CommentsClose CommentsPermalink
(1) DESIGNATION OF CRITICALLY SHORT WARTIME HEALTH SPECIALTIES- For purposes of
(A) Psychologists who have been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology and are fully licensed and such other mental health practitioners as the Secretary concerned determines to be necessary.CommentsClose CommentsPermalink
(B) Registered nurses.CommentsClose CommentsPermalink
(2) SPECIAL AGREEMENT AUTHORITY- Under the authority provided by this section, the Secretary concerned may enter into an agreement under subsection (f) of
(3) SECRETARY CONCERNED DEFINED- In this subsection, the term ‘Secretary concerned’ has the meaning given that term in
(4) EFFECTIVE PERIOD- The designations made by this subsection and the authority to enter into an agreement under paragraph (2) of this subsection expire on September 30, 2010.CommentsClose CommentsPermalink
(b) Accession and Retention Bonuses for Psychologists-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 5 of title 37, United States Code, is amended by inserting after section 302c the following new section:CommentsClose CommentsPermalink
‘Sec. 302c-1. Special pay: accession and retention bonuses for psychologistsCommentsClose CommentsPermalink
‘(a) Accession Bonus-CommentsClose CommentsPermalink
‘(1) ACCESSION BONUS AUTHORIZED- A person described in paragraph (2) who executes a written agreement described in subsection (d) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four consecutive years may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount, subject to subsection (c)(1), determined by the Secretary concerned.CommentsClose CommentsPermalink
‘(2) ELIGIBLE PERSONS- A person described in paragraph (1) is any person who--CommentsClose CommentsPermalink
‘(A) is a graduate of an accredited school of psychology; andCommentsClose CommentsPermalink
‘(B) holds a valid State license to practice as a doctoral level psychologist.CommentsClose CommentsPermalink
‘(3) LIMITATION ON ELIGIBILITY- A person may not be paid a bonus under this subsection if--CommentsClose CommentsPermalink
‘(A) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in psychology; orCommentsClose CommentsPermalink
‘(B) the Secretary concerned determines that the person is not qualified to become and remain certified as a psychologist.CommentsClose CommentsPermalink
‘(b) Multiyear Retention Bonus-CommentsClose CommentsPermalink
‘(1) RETENTION BONUS AUTHORIZED- An officer described in paragraph (2) who executes a written agreement described in subsection (d) to remain on active duty for up to four years after completion of any other active-duty service commitment may, upon acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section.CommentsClose CommentsPermalink
‘(2) ELIGIBLE OFFICERS- An officer described in paragraph (1) is an officer of the armed forces who--CommentsClose CommentsPermalink
‘(A) is a psychologist of the armed forces;CommentsClose CommentsPermalink
‘(B) is in a pay grade below pay grade O-7;CommentsClose CommentsPermalink
‘(C) has at least eight years of creditable service (computed as described in section 302b(f) of this title) or has completed any active-duty service commitment incurred for psychology education and training;CommentsClose CommentsPermalink
‘(D) has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into the agreement under this subsection); andCommentsClose CommentsPermalink
‘(E) holds a valid State license to practice as a doctoral level psychologist.CommentsClose CommentsPermalink
‘(c) Maximum Amount of Bonus-CommentsClose CommentsPermalink
‘(1) ACCESSION BONUS- The amount of an accession bonus under subsection (a) may not exceed $400,000.CommentsClose CommentsPermalink
‘(2) RETENTION BONUS- The amount of a retention bonus under subsection (b) may not exceed $25,000 for each year of the agreement of the officer concerned.CommentsClose CommentsPermalink
‘(d) Agreement- The agreement referred to in subsections (a) and (b) shall provide that, consistent with the needs of the armed force concerned, the person or officer executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of such armed force as a psychologist.CommentsClose CommentsPermalink
‘(e) Repayment-CommentsClose CommentsPermalink
‘(1) ACCESSION BONUS- A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become licensed as a psychologist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.CommentsClose CommentsPermalink
‘(2) RETENTION BONUS- An officer who does not complete the period of active duty specified in the agreement entered into under subsection (b) shall be subject to the repayment provisions of section 303a(e) of this title.CommentsClose CommentsPermalink
‘(f) Termination of Authority- No agreement under subsection (a) or (b) may be entered into after December 31, 2009.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 302c the following new item:CommentsClose CommentsPermalink
‘302c-1. Special pay: accession and retention bonuses for psychologists.’.CommentsClose CommentsPermalink
Subtitle C--Travel and Transportation AllowancesCommentsClose CommentsPermalink
SEC. 621. SPECIAL WEIGHT ALLOWANCE FOR TRANSPORTATION OF PROFESSIONAL BOOKS AND EQUIPMENT FOR SPOUSES.CommentsClose CommentsPermalink
(1) by inserting ‘(i)’ after ‘(D)’;CommentsClose CommentsPermalink
(2) in the second sentence of clause (i), as designated by paragraph (1), by striking ‘this subparagraph’ and inserting ‘this clause’;CommentsClose CommentsPermalink
(3) by designating the last sentence as clause (iii) and indenting the margin of such clause, as so designated, two ems from the left margin; andCommentsClose CommentsPermalink
(4) by inserting after clause (i), as designated by paragraph (1), the following new clause:CommentsClose CommentsPermalink
‘(ii) In addition to the weight allowance authorized for such member with dependents under paragraph (C), the Secretary concerned may authorize up to an additional 500 pounds in weight allowance for shipment of professional books and equipment belonging to the spouse of such member.’.CommentsClose CommentsPermalink
SEC. 622. SHIPMENT OF FAMILY PETS DURING EVACUATION OF PERSONNEL.CommentsClose CommentsPermalink
‘(H)(i) Except as provided in paragraph (2) and subject to clause (iii), in connection with an evacuation from a permanent station located in a foreign area, a member is entitled to transportation (including shipment and payment of any quarantine costs) of family household pets.CommentsClose CommentsPermalink
‘(ii) A member entitled to transportation under clause (i) may be paid reimbursement or, at the member’s request, a monetary allowance in accordance with the provisions of subparagraph (F) if the member secures by commercial means shipment and any quarantining of the pets otherwise subject to transportation under clause (i).CommentsClose CommentsPermalink
‘(iii) The provision of transportation under clause (i) and the payment of reimbursement under clause (ii) shall be subject to such regulations as the Secretary of Defense shall prescribe with respect to members of the armed forces for purposes of this subparagraph. Such regulations may specify limitations on the types, size, and number of pets for which transportation may be provided or reimbursement paid.’.CommentsClose CommentsPermalink
Subtitle D--Retired Pay and Survivor BenefitsCommentsClose CommentsPermalink
SEC. 631. EXTENSION TO SURVIVORS OF CERTAIN MEMBERS WHO DIE ON ACTIVE DUTY OF SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS AFFECTED BY REQUIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION.CommentsClose CommentsPermalink
(a) Extension- Subsection (m) of
(b) Application of Amendment- The amendment made by subsection (a) shall apply with respect to the month beginning on October 1, 2008, and subsequent months as provided by paragraph (6) of subsection (m) of
SEC. 632. CORRECTION OF UNINTENDED REDUCTION IN SURVIVOR BENEFIT PLAN ANNUITIES DUE TO PHASED ELIMINATION OF TWO-TIER ANNUITY COMPUTATION AND SUPPLEMENTAL ANNUITY.CommentsClose CommentsPermalink
Effective as of October 28, 2004, and as if included therein as enacted, section 644(c) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
‘(3) SAVINGS PROVISION- If, as a result of the recomputation of annuities under
, and supplemental survivor annuities under section 1457 of such title, as required by paragraph (1), the total amount of both annuities to be paid to an annuitant for a month would be less (because of the offset required by section 1450(c) of such title for dependency and indemnity compensation) than the amount that would be paid to the annuitant in the absence of recomputation, the Secretary of Defense shall take such actions as are necessary to adjust the annuity amounts to eliminate the reduction.’.CommentsClose CommentsPermalink section 1450 of title 10, United States Code
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits and OperationsCommentsClose CommentsPermalink
SEC. 641. USE OF COMMISSARY STORES SURCHARGES DERIVED FROM TEMPORARY COMMISSARY INITIATIVES FOR RESERVE COMPONENT AND RETIRED MEMBERS.CommentsClose CommentsPermalink
(1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;CommentsClose CommentsPermalink
(2) in such paragraph (4), as so redesignated, by striking ‘paragraph (1) or (2)’ and inserting ‘paragraph (1), (2), or (3)’; andCommentsClose CommentsPermalink
(3) by inserting after paragraph (2) the following new paragraph:CommentsClose CommentsPermalink
‘(3)(A) The Secretary of Defense may use the proceeds derived from surcharges imposed under subsection (d) in connection with sales of commissary merchandise through initiatives described in subparagraph (B) to offset the cost of such initiatives.CommentsClose CommentsPermalink
‘(B) Subparagraph (A) applies with respect to initiatives, utilizing temporary and mobile equipment, intended to provide members of reserve components, retired members, and other persons eligible for commissary benefits, but without reasonable access to commissary stores, improved access to commissary merchandise.’.CommentsClose CommentsPermalink
SEC. 642. ENHANCED ENFORCEMENT OF PROHIBITION ON SALE OR RENTAL OF SEXUALLY EXPLICIT MATERIAL ON MILITARY INSTALLATIONS.CommentsClose CommentsPermalink
(a) Establishment of Resale Activities Review Board-
(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following new subsection:CommentsClose CommentsPermalink
‘(c) Resale Activities Review Board- (1) The Secretary of Defense shall establish a nine-member board to make recommendations to the Secretary regarding whether material sold or rented, or proposed for sale or rental, on property under the jurisdiction of the Department of Defense is barred from sale or rental by subsection (a).CommentsClose CommentsPermalink
‘(2)(A) The Secretary of Defense shall appoint six members of the board to broadly represent the interests of the patron base served by the defense commissary system and the exchange system. The Secretary shall appoint one of the members to serve as the chairman of the board. At least one member appointed under this subparagraph shall be a person with experience managing or advocating for military family programs and who is also an eligible patron of the defense commissary system and the exchange system.CommentsClose CommentsPermalink
‘(B) The Secretary of each of the military departments shall appoint one member of the board.CommentsClose CommentsPermalink
‘(C) A vacancy on the board shall be filled in the same manner as the original appointment.CommentsClose CommentsPermalink
‘(3) The Secretary of Defense may detail persons to serve as staff for the board. At a minimum, the Secretary shall ensure that the board is assisted at meetings by military resale and legal advisors.CommentsClose CommentsPermalink
‘(4) The recommendations made by the board under paragraph (1) shall be made available to the public. The Secretary of Defense shall publicize the availability of such recommendations by such means as the Secretary considers appropriate.CommentsClose CommentsPermalink
‘(5) Members of the board shall be allowed travel expense, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the board.’.CommentsClose CommentsPermalink
(b) Deadline for Establishment and Initial Meeting-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- The board required by subsection (c) of
(2) MEETINGS- The board shall conduct an initial meeting within one year after the date of the appointment of the initial members of the board. At the discretion of the board, the board may consider all materials previously reviewed under such section as available for reconsideration for a minimum of 180 days following the initial meeting of the board.CommentsClose CommentsPermalink
Subtitle F--Other MattersCommentsClose CommentsPermalink
SEC. 651. CONTINUATION OF ENTITLEMENT TO BONUSES AND SIMILAR BENEFITS FOR MEMBERS OF THE UNIFORMED SERVICES WHO DIE, ARE SEPARATED OR RETIRED FOR DISABILITY, OR MEET OTHER CRITERIA.CommentsClose CommentsPermalink
(a) Discretion to Provide Exception to Termination and Repayment Requirements Under Certain Circumstances-
(1) in the subsection heading, by inserting ‘; Termination of Entitlement to Unpaid Amounts’ after ‘Met’;CommentsClose CommentsPermalink
(2) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking ‘A member’ and inserting ‘(A) Except as provided in paragraph (2), a member’; andCommentsClose CommentsPermalink
(B) by striking ‘the requirements, except in certain circumstances authorized by the Secretary concerned.’ and inserting ‘the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.’; andCommentsClose CommentsPermalink
(3) by redesignating paragraph (2) as subparagraph (B) of paragraph (1).CommentsClose CommentsPermalink
(b) Mandatory Payment of Unpaid Amounts Under Certain Circumstances; No Repayment of Unearned Amounts-
‘(2)(A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned--CommentsClose CommentsPermalink
‘(i) shall not require repayment by the member or the member’s estate of the unearned portion of any bonus or similar benefit previously paid to the member; andCommentsClose CommentsPermalink
‘(ii) shall require the payment to the member or the member’s estate of the remainder of any bonus or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member.CommentsClose CommentsPermalink
‘(B) Subparagraph (A) does not apply if the death or disability of the member is the result the member’s misconduct.CommentsClose CommentsPermalink
‘(C) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus or similar benefit as if the member continued to be entitled to the bonus or similar benefit following the death, retirement, or separation.CommentsClose CommentsPermalink
‘(D) Amounts to be paid to a member or the member’s estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies.CommentsClose CommentsPermalink
‘(E) In this paragraph, the term ‘combat-related disability’ has the meaning given that term in section 1413a(e) of title 10.’.CommentsClose CommentsPermalink
(c) Conforming Amendments Reflecting Consolidated Special Pay and Bonus Authorities-CommentsClose CommentsPermalink
(1) CONFORMING AMENDMENTS-
(A) in subsection (a)--CommentsClose CommentsPermalink
(i) in the subsection heading, by inserting ‘and Termination’ after ‘Repayment’; andCommentsClose CommentsPermalink
(ii) by inserting before the period at the end the following: ‘, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement’; andCommentsClose CommentsPermalink
(B) by striking subsection (b) and inserting the following new subsection:CommentsClose CommentsPermalink
‘(b) Exceptions-CommentsClose CommentsPermalink
‘(1) DISCRETION TO PROVIDE EXCEPTION TO TERMINATION AND REPAYMENT REQUIREMENTS- Pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination requirements with regard to a member of the uniformed services would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.CommentsClose CommentsPermalink
‘(2) MANDATORY PAYMENT OF UNPAID AMOUNTS UNDER CERTAIN CIRCUMSTANCES; NO REPAYMENT OF UNEARNED AMOUNTS- (A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned--CommentsClose CommentsPermalink
‘(i) shall not require repayment by the member or the member’s estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; andCommentsClose CommentsPermalink
‘(ii) shall require the payment to the member or the member’s estate of the remainder of any bonus, incentive pay, or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member.CommentsClose CommentsPermalink
‘(B) Subparagraph (A) does not apply if the death or disability of the member is the result the member’s misconduct.CommentsClose CommentsPermalink
‘(C) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus, incentive pay, or similar benefit as if the member continued to be entitled to the bonus, incentive pay, or similar benefit following the death, retirement, or separation.CommentsClose CommentsPermalink
‘(D) Amounts to be paid to a member or the member’s estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies.CommentsClose CommentsPermalink
‘(E) In this paragraph, the term ‘combat-related disability’ has the meaning given that term in section 1413a(e) of title 10.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENTS-CommentsClose CommentsPermalink
(A) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 373. Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met’.CommentsClose CommentsPermalink
(B) TABLE OF CONTENTS- The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by striking the item relating to section 373 and inserting the following new item:CommentsClose CommentsPermalink
‘373. Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met.’.CommentsClose CommentsPermalink
TITLE VII--HEALTH CARE AND WOUNDED WARRIORS PROVISIONSCommentsClose CommentsPermalink
Subtitle A--Improvements to Health Benefits
Sec. 701. One-year extension of prohibition on increases in certain health care costs for members of the uniformed services.CommentsClose CommentsPermalink
Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program.CommentsClose CommentsPermalink
Sec. 703. Chiropractic health care for members on active duty.CommentsClose CommentsPermalink
Sec. 704. Calculation of monthly premiums for coverage under TRICARE Reserve Select after 2008.CommentsClose CommentsPermalink
Sec. 705. Program for health care delivery at military installations projected to grow.CommentsClose CommentsPermalink
Sec. 706. Guidelines for combined medical facilities of the Department of Defense and the Department of Veterans Affairs.CommentsClose CommentsPermalink
Subtitle B--Preventive Care
Sec. 711. Waiver of copayments for preventive services for certain TRICARE beneficiaries.CommentsClose CommentsPermalink
Sec. 712. Military health risk management demonstration project.CommentsClose CommentsPermalink
Sec. 713. Smoking cessation program under TRICARE.CommentsClose CommentsPermalink
Sec. 714. Preventive health allowance.CommentsClose CommentsPermalink
Sec. 715. Additional authority for studies and demonstration projects relating to delivery of health and medical care.CommentsClose CommentsPermalink
Subtitle C--Wounded Warrior Matters
Sec. 721. Center of excellence in prevention, diagnosis, mitigation, treatment, and rehabilitation of hearing loss and auditory system injuries.CommentsClose CommentsPermalink
Sec. 722. Clarification to center of excellence relating to military eye injuries.CommentsClose CommentsPermalink
Sec. 723. Center of Excellence in the Mitigation, Treatment, and Rehabilitation of Traumatic Extremity Injuries and Amputations.CommentsClose CommentsPermalink
Sec. 724. Additional responsibilities for the wounded warrior resource center.CommentsClose CommentsPermalink
Sec. 725. Sense of Congress on research on traumatic brain injury.CommentsClose CommentsPermalink
Sec. 726. Extension of Senior Oversight Committee with respect to wounded warrior matters.CommentsClose CommentsPermalink
Sec. 727. Modification of utilization of veterans’ presumption of sound condition in establishing eligibility of members of the Armed Forces for retirement for disability.CommentsClose CommentsPermalink
Subtitle D--Other Matters
Sec. 731. Report on providing the Extended Care Health Option Program to dependents of military retirees.CommentsClose CommentsPermalink
Sec. 732. Increase in cap on extended benefits under extended health care option (ECHO).CommentsClose CommentsPermalink
Sec. 733. Department of Defense task force on the prevention of suicide by members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 734. Transitional health care for certain members of the Armed Forces who agree to serve in the Selected Reserve of the Ready Reserve.CommentsClose CommentsPermalink
Sec. 735. Enhancement of medical and dental readiness of members of the Armed Forces.CommentsClose CommentsPermalink
Subtitle A--Improvements to Health BenefitsCommentsClose CommentsPermalink
SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN HEALTH CARE COSTS FOR MEMBERS OF THE UNIFORMED SERVICES.CommentsClose CommentsPermalink
(a) Charges Under Contracts for Medical Care-
(b) Charges for Inpatient Care- Section 1086(b)(3) of such title is amended by striking ‘September 30, 2008’ and inserting ‘September 30, 2009’.CommentsClose CommentsPermalink
SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER RETAIL PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM.CommentsClose CommentsPermalink
During the period beginning on October 1, 2008, and ending on September 30, 2009, the cost sharing requirements established under paragraph (6) of
(1) In the case of generic agents, $3.CommentsClose CommentsPermalink
(2) In the case of formulary agents, $9.CommentsClose CommentsPermalink
(3) In the case of nonformulary agents, $22.CommentsClose CommentsPermalink
SEC. 703. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.CommentsClose CommentsPermalink
Not later than September 30, 2009, the Secretary of Defense shall provide chiropractic services to active duty military personnel at 11 additional military treatment facilities that do not currently provide chiropractic services.CommentsClose CommentsPermalink
SEC. 704. CALCULATION OF MONTHLY PREMIUMS FOR COVERAGE UNDER TRICARE RESERVE SELECT AFTER 2008.CommentsClose CommentsPermalink
(a) Calculation of Monthly Premiums for Years After 2009-
(1) by inserting ‘(A)’ after ‘(3)’;CommentsClose CommentsPermalink
(2) in subparagraph (A), as so designated--CommentsClose CommentsPermalink
(A) by striking ‘that the Secretary determines’ and inserting ‘determined’; andCommentsClose CommentsPermalink
(B) by striking the second sentence; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(B) The appropriate actuarial basis for purposes of subparagraph (A) shall be determined, for each calendar year after calendar year 2009, by utilizing the actual cost of providing benefits under this section to members and their dependents during the calendar years preceding such calendar year.’.CommentsClose CommentsPermalink
(b) Calculation of Monthly Premiums for 2009- For purposes of
(c) Effective Date- The amendments made by this section shall take effect as of October 1, 2008.CommentsClose CommentsPermalink
SEC. 705. PROGRAM FOR HEALTH CARE DELIVERY AT MILITARY INSTALLATIONS PROJECTED TO GROW.CommentsClose CommentsPermalink
(a) Program- The Secretary of Defense is authorized to develop a plan to establish a program to build cooperative health care arrangements and agreements between military installations projected to grow and local and regional non-military health care systems.CommentsClose CommentsPermalink
(b) Requirements of Plan- In developing the plan, the Secretary of Defense shall--CommentsClose CommentsPermalink
(1) identify and analyze health care delivery options involving the private sector and health care services in military facilities located on military installations;CommentsClose CommentsPermalink
(2) develop methods for determining the cost avoidance or savings resulting from innovative partnerships between the Department of Defense and the private sector;CommentsClose CommentsPermalink
(3) develop requirements for Department of Defense health care providers to deliver health care in civilian community hospitals; andCommentsClose CommentsPermalink
(4) collaborate with State and local authorities to create an arrangement to share and exchange, between the Department of Defense and nonmilitary health care systems, personal health information, and data of military personnel and their families.CommentsClose CommentsPermalink
(c) Coordination With Other Entities- The plan shall include requirements for coordination with Federal, State, and local entities, TRICARE managed care support contractors, and other contracted assets around installations selected for participation in the program.CommentsClose CommentsPermalink
(d) Consultation Requirements- The Secretary of Defense shall develop the plan in consultation with the Secretaries of the military departments.CommentsClose CommentsPermalink
(e) Selection of Military Installations- Each selected military installation shall meet the following criteria:CommentsClose CommentsPermalink
(1) The military installation has members of the Armed Forces on active duty and members of reserve components of the Armed Forces that use the installation as a training and operational base, with members routinely deploying in support of the global war on terrorism.CommentsClose CommentsPermalink
(2) The military population of an installation will significantly increase by 2013 due to actions related to either Grow the Force initiatives or recommendations of the Defense Base Realignment and Closure Commission.CommentsClose CommentsPermalink
(3) There is a military treatment facility on the installation that has--CommentsClose CommentsPermalink
(A) no inpatient or trauma center care capabilities; andCommentsClose CommentsPermalink
(B) no current or planned capacity that would satisfy the proposed increase in military personnel at the installation.CommentsClose CommentsPermalink
(4) There is a civilian community hospital near the military installation, and the military treatment facility has--CommentsClose CommentsPermalink
(A) no inpatient services or limited capability to expand inpatient care beds, intensive care, and specialty services; andCommentsClose CommentsPermalink
(B) limited or no capability to provide trauma care.CommentsClose CommentsPermalink
(f) Reports- Not later than one year after the date of the enactment of this Act, and every year thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on any plan developed under subsection (a).CommentsClose CommentsPermalink
SEC. 706. GUIDELINES FOR COMBINED MEDICAL FACILITIES OF THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS.CommentsClose CommentsPermalink
Before a facility may be designated a combined Federal medical facility of the Department of Defense and the Department of Veterans Affairs, the Secretary of Defense and the Secretary of Veterans Affairs shall execute a signed agreement that specifies, at a minimum, a binding operational agreement on the following areas:CommentsClose CommentsPermalink
(1) Governance.CommentsClose CommentsPermalink
(2) Patient priority categories.CommentsClose CommentsPermalink
(3) Budgeting.CommentsClose CommentsPermalink
(4) Staffing and training.CommentsClose CommentsPermalink
(5) Construction.CommentsClose CommentsPermalink
(6) Physical plant management.CommentsClose CommentsPermalink
(7) Contingency planning.CommentsClose CommentsPermalink
(8) Quality assurance.CommentsClose CommentsPermalink
(9) Information technology.CommentsClose CommentsPermalink
Subtitle B--Preventive CareCommentsClose CommentsPermalink
SEC. 711. WAIVER OF COPAYMENTS FOR PREVENTIVE SERVICES FOR CERTAIN TRICARE BENEFICIARIES.CommentsClose CommentsPermalink
(a) Waiver of Certain Copayments- Subject to subsection (b) and under regulations prescribed by the Secretary of Defense, the Secretary shall--CommentsClose CommentsPermalink
(1) waive all copayments under sections 1079(b) and 1086(b) of title 10, United States Code, for preventive services for all beneficiaries who would otherwise pay copayments; andCommentsClose CommentsPermalink
(2) ensure that a beneficiary pays nothing for preventive services during a year even if the beneficiary has not paid the amount necessary to cover the beneficiary’s deductible for the year.CommentsClose CommentsPermalink
(b) Exclusion for Medicare-Eligible Beneficiaries- Subsection (a) shall not apply to a medicare-eligible beneficiary.CommentsClose CommentsPermalink
(c) Refund of Copayments-CommentsClose CommentsPermalink
(1) AUTHORITY- Under regulations prescribed by the Secretary of Defense, the Secretary may pay a refund to a medicare-eligible beneficiary excluded by subsection (b), subject to the availability of appropriations specifically for such refunds, consisting of an amount up to the difference between--CommentsClose CommentsPermalink
(A) the amount the beneficiary pays for copayments for preventive services during fiscal year 2009; andCommentsClose CommentsPermalink
(B) the amount the beneficiary would have paid during such fiscal year if the copayments for preventive services had been waived pursuant to subsection (a) during that year.CommentsClose CommentsPermalink
(2) COPAYMENTS COVERED- The refunds under paragraph (1) are available only for copayments paid by medicare-eligible beneficiaries during fiscal year 2009.CommentsClose CommentsPermalink
(d) Definitions- In this section:CommentsClose CommentsPermalink
(1) PREVENTIVE SERVICES- The term ‘preventive services’ includes, taking into consideration the age and gender of the beneficiary:CommentsClose CommentsPermalink
(A) Colorectal screening.CommentsClose CommentsPermalink
(B) Breast screening.CommentsClose CommentsPermalink
(C) Cervical screening.CommentsClose CommentsPermalink
(D) Prostate screening.CommentsClose CommentsPermalink
(E) Annual physical exam.CommentsClose CommentsPermalink
(F) Vaccinations.CommentsClose CommentsPermalink
(G) Other services as determined by the Secretary of Defense.CommentsClose CommentsPermalink
(2) MEDICARE-ELIGIBLE- The term ‘medicare-eligible’ has the meaning provided by
SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEMONSTRATION PROJECT.CommentsClose CommentsPermalink
(a) Demonstration Project Required- The Secretary of Defense shall conduct a demonstration project designed to evaluate the efficacy of providing incentives to encourage healthy behaviors on the part of eligible military health system beneficiaries.CommentsClose CommentsPermalink
(b) Elements of Demonstration Project-CommentsClose CommentsPermalink
(1) WELLNESS ASSESSMENT- The Secretary shall develop a wellness assessment to be offered to beneficiaries enrolled in the demonstration project. The wellness assessment shall incorporate nationally recognized standards for health and healthy behaviors and shall be offered to determine a baseline and at appropriate intervals determined by the Secretary. The wellness assessment shall include the following:CommentsClose CommentsPermalink
(A) A self-reported health risk assessment.CommentsClose CommentsPermalink
(B) Physiological and biometric measures, including at least--CommentsClose CommentsPermalink
(i) blood pressure;CommentsClose CommentsPermalink
(ii) glucose level;CommentsClose CommentsPermalink
(iii) lipids;CommentsClose CommentsPermalink
(iv) nicotine use; andCommentsClose CommentsPermalink
(v) weight.CommentsClose CommentsPermalink
(2) POPULATION ENROLLED- Non-medicare eligible retired beneficiaries of the military health system and their dependents who are enrolled in TRICARE Prime and who reside in the demonstration project service area shall be offered the opportunity to enroll in the demonstration project.CommentsClose CommentsPermalink
(3) GEOGRAPHIC COVERAGE OF DEMONSTRATION PROJECT- The demonstration project shall be conducted in at least three geographic areas within the United States where TRICARE Prime is offered, as determined by the Secretary. The area covered by the project shall be referred to as the demonstration project service area.CommentsClose CommentsPermalink
(4) PROGRAMS- The Secretary shall develop programs to assist enrollees to improve healthy behaviors, as identified by the wellness assessment.CommentsClose CommentsPermalink
(5) INCLUSION OF INCENTIVES REQUIRED- For the purpose of conducting the demonstration project, the Secretary may offer monetary and non-monetary incentives to enrollees to encourage participation in the demonstration project.CommentsClose CommentsPermalink
(c) Evaluation of Demonstration Project- The Secretary shall annually evaluate the demonstration project for the following:CommentsClose CommentsPermalink
(1) The extent to which the health risk assessment and the physiological and biometric measures of beneficiaries are improved from the baseline (as determined in the wellness assessment).CommentsClose CommentsPermalink
(2) In the case of baseline health risk assessments and physiological and biometric measures that reflect healthy behaviors, the extent to which the measures are maintained.CommentsClose CommentsPermalink
(d) Implementation Plan- The Secretary of Defense shall submit a plan to implement the health risk management demonstration project required by this section not later than 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(e) Duration of Project- The health risk management demonstration project shall be implemented for a period of three years, beginning not later than March 1, 2009, and ending three years after that date.CommentsClose CommentsPermalink
(f) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives an annual report on the effectiveness of the health risk management demonstration project in improving the health risk measures of military health system beneficiaries enrolled in the demonstration project. The first report shall be submitted not later than one year after the date of the enactment of this Act, and subsequent reports shall be submitted for each year of the demonstration project with the final report being submitted not later than 90 days after the termination of the demonstration project.CommentsClose CommentsPermalink
(2) MATTERS COVERED- Each report shall address, at a minimum, the following:CommentsClose CommentsPermalink
(A) The number of beneficiaries who were enrolled in the project.CommentsClose CommentsPermalink
(B) The number of enrolled beneficiaries who participate in the project.CommentsClose CommentsPermalink
(C) The incentives to encourage healthy behaviors that were provided to the beneficiaries in each beneficiary category, and the extent to which the incentives encouraged healthy behaviors.CommentsClose CommentsPermalink
(D) An assessment of the effectiveness of the demonstration project.CommentsClose CommentsPermalink
(E) Recommendations for adjustments to the demonstration project.CommentsClose CommentsPermalink
(F) The estimated costs avoided as a result of decreased health risk conditions on the part of each of the beneficiary categories.CommentsClose CommentsPermalink
(G) Recommendations for extending the demonstration project or implementing a permanent wellness assessment program.CommentsClose CommentsPermalink
(H) Identification of legislative authorities required to implement a permanent program.CommentsClose CommentsPermalink
SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE.CommentsClose CommentsPermalink
(a) TRICARE Smoking Cessation Program- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a smoking cessation program under the TRICARE program, to be made available to all beneficiaries under the TRICARE program, subject to subsection (b). The Secretary may prescribe such regulations as may be necessary to implement the program.CommentsClose CommentsPermalink
(b) Exclusion for Medicare-Eligible Beneficiaries- The smoking cessation program shall not be made available to medicare-eligible beneficiaries.CommentsClose CommentsPermalink
(c) Elements- The program shall include, at a minimum, the following elements:CommentsClose CommentsPermalink
(1) The availability, at no cost to the beneficiary, of pharmaceuticals used for smoking cessation, with a limitation on the availability of such pharmaceuticals to the national mail-order pharmacy program under the TRICARE program if appropriate.CommentsClose CommentsPermalink
(2) Counseling.CommentsClose CommentsPermalink
(3) Access to a toll-free quit line that is available 24 hours a day, 7 days a week.CommentsClose CommentsPermalink
(4) Access to printed and Internet web-based tobacco cessation material.CommentsClose CommentsPermalink
(d) Chain of Command Involvement- In establishing the program, the Secretary of Defense shall provide for involvement by officers in the chain of command of participants in the program who are on active duty.CommentsClose CommentsPermalink
(e) Plan- Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a plan to implement the program.CommentsClose CommentsPermalink
(f) Refund of Copayments-CommentsClose CommentsPermalink
(1) AUTHORITY- Under regulations prescribed by the Secretary of Defense, the Secretary may pay a refund to a medicare-eligible beneficiary otherwise excluded by this section, subject to the availability of appropriations specifically for such refunds, consisting of an amount up to the difference between--CommentsClose CommentsPermalink
(A) the amount the beneficiary pays for copayments for smoking cessation services described in subsection (c) during fiscal year 2009; andCommentsClose CommentsPermalink
(B) the amount the beneficiary would have paid during such fiscal year if the beneficiary had not been excluded under subsection (b) from the smoking cessation program under subsection (a).CommentsClose CommentsPermalink
(2) COPAYMENTS COVERED- The refunds under paragraph (1) are available only for copayments paid by medicare-eligible beneficiaries during fiscal year 2009.CommentsClose CommentsPermalink
(g) Report- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report covering the following:CommentsClose CommentsPermalink
(1) The status of the program.CommentsClose CommentsPermalink
(2) The number of participants in the program.CommentsClose CommentsPermalink
(3) The cost of the program.CommentsClose CommentsPermalink
(4) The costs avoided that are attributed to the program.CommentsClose CommentsPermalink
(5) The success rates of the program compared to other nationally recognized smoking cessation programs.CommentsClose CommentsPermalink
(6) Findings regarding the success rate of participants in the program.CommentsClose CommentsPermalink
(7) Recommendations to modify the policies and procedures of the program.CommentsClose CommentsPermalink
(8) Recommendations concerning the future utility of the program.CommentsClose CommentsPermalink
(h) Definitions- In this section:CommentsClose CommentsPermalink
(1) TRICARE PROGRAM- The term ‘TRICARE program’ has the meaning provided by
(2) MEDICARE-ELIGIBLE- The term ‘medicare-eligible’ has the meaning provided by
SEC. 714. PREVENTIVE HEALTH ALLOWANCE.CommentsClose CommentsPermalink
(a) Allowance- Chapter 7 of title 37, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
-‘Sec. 438. Preventive health services allowanceCommentsClose CommentsPermalink
‘(a) Demonstration Project- During the period beginning on January 1, 2009, and ending on December 31, 2011, the Secretary of Defense shall conduct a demonstration project designed to evaluate the efficacy of providing an annual allowance (to be known as a ‘preventive health services allowance’) to members of the armed forces described in subsection (b) to increase the use of preventive health services by such members and their dependents.CommentsClose CommentsPermalink
‘(b) Eligible Members- (1) Subject to the numerical limitations specified in paragraph (2), a member of the armed forces who is serving on active duty for a period of more than 30 days and meets the medical and dental readiness requirements for the armed force of the member may receive a preventive health services allowance.CommentsClose CommentsPermalink
‘(2) Not more than 1,500 members of each of the Army, Navy, Air Force, and Marine Corps may receive a preventive health services allowance during any year, of which half in each armed force shall be members without dependents and half shall be members with dependents.CommentsClose CommentsPermalink
‘(c) Amount of Allowance- The Secretary of the military department concerned shall pay a preventive health services allowance to a member selected to receive the allowance in an amount equal to--CommentsClose CommentsPermalink
‘(1) $500 per year, in the case of a member without dependents; andCommentsClose CommentsPermalink
‘(2) $1,000 per year, in the case of a member with dependents.CommentsClose CommentsPermalink
‘(d) Authorized Preventive Health Services- (1) The Secretary of Defense shall specify the types of preventive health services that may be procured using a preventive health services allowance and the frequency at which such services may be procured.CommentsClose CommentsPermalink
‘(2) At a minimum, authorized preventive health services shall include, taking into consideration the age and gender of the member and dependents of the member:CommentsClose CommentsPermalink
‘(A) Colorectal screening.CommentsClose CommentsPermalink
‘(B) Breast screening.CommentsClose CommentsPermalink
‘(C) Cervical screening.CommentsClose CommentsPermalink
‘(D) Prostate screening.CommentsClose CommentsPermalink
‘(E) Annual physical exam.CommentsClose CommentsPermalink
‘(F) Annual dental exam.CommentsClose CommentsPermalink
‘(G) Weight and body mass screening.CommentsClose CommentsPermalink
‘(H) Vaccinations.CommentsClose CommentsPermalink
‘(3) The Secretary of Defense shall ensure that members selected to receive the preventive health services allowance and their dependents are provided a reasonable opportunity to receive the services authorized under this subsection in their local area.CommentsClose CommentsPermalink
‘(e) Data Collection- At a minimum, the Secretary of Defense shall monitor and record the health of members receiving a preventive health services allowance and their dependents and the results of the testing required to qualify for payment of the allowance, if conducted. The Secretary shall assess the medical utility of the testing required to qualify for payment of a preventive health allowance.CommentsClose CommentsPermalink
‘(f) Reporting Requirement- Not later than March 31, 2010, and March 31, 2012, the Secretary of Defense shall submit to Congress a report on the status of the demonstration project, including findings regarding the medical status of participants, recommendations to modify the policies and procedures of the program, and recommendations concerning the future utility of the project.CommentsClose CommentsPermalink
‘(g) Regulations- The Secretary of Defense shall prescribe regulations to carry out this section.’.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
‘438. Preventive health care allowance.’.CommentsClose CommentsPermalink
SEC. 715. ADDITIONAL AUTHORITY FOR STUDIES AND DEMONSTRATION PROJECTS RELATING TO DELIVERY OF HEALTH AND MEDICAL CARE.CommentsClose CommentsPermalink
‘(3) The Secretary of Defense may include in the studies and demonstration projects conducted under paragraph (1) studies and demonstration projects to provide awards and incentives to members of the armed forces and covered beneficiaries who obtain health promotion and disease prevention health care services under the TRICARE program in accordance with terms and schedules prescribed by the Secretary. Such awards and incentives may include cash awards and, in the case of members of the armed forces, personnel incentives.CommentsClose CommentsPermalink
‘(4)(A) The Secretary of Defense may, in consultation with the other administering Secretaries, include in the studies and demonstration projects conducted under paragraph (1) studies and demonstration projects to provide awards or incentives to individual health care professionals under the authority of such Secretaries, including members of the uniformed services, Federal civilian employees, and contractor personnel, to encourage and reward effective implementation of innovative health care programs designed to improve quality, cost-effectiveness, health promotion, medical readiness, and other priority objectives. Such awards and incentives may include cash awards and, in the case of members of the armed forces and Federal civilian employees, personnel incentives.CommentsClose CommentsPermalink
‘(B) Amounts available for the pay of members of the uniformed services shall be available for awards and incentives under this paragraph with respect to members of the uniformed services.CommentsClose CommentsPermalink
‘(5) The Secretary of Defense may include in the studies and demonstration projects conducted under paragraph (1) studies and demonstration projects to improve the medical and dental readiness of members of reserve components of the armed forces, including the provision of health care services to such members for which they are not otherwise entitled or eligible under this chapter.CommentsClose CommentsPermalink
‘(6) The Secretary of Defense may include in the studies and demonstration projects conducted under paragraph (1) studies and demonstration projects to improve the continuity of health care services for family members of mobilized members of the reserve components of the armed forces who are eligible for such services under this chapter, including payment of a stipend for continuation of employer-provided health coverage during extended periods of active duty.’.CommentsClose CommentsPermalink
Subtitle C--Wounded Warrior MattersCommentsClose CommentsPermalink
SEC. 721. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION OF HEARING LOSS AND AUDITORY SYSTEM INJURIES.CommentsClose CommentsPermalink
(a) In General- The Secretary of Defense shall establish within the Department of Defense a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of hearing loss and auditory system injury to carry out the responsibilities specified in subsection (c).CommentsClose CommentsPermalink
(b) Partnerships- The Secretary shall ensure that the center collaborates to the maximum extent practicable with the Secretary of Veterans Affairs, institutions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (c).CommentsClose CommentsPermalink
(c) Responsibilities-CommentsClose CommentsPermalink
(1) IN GENERAL- The center shall--CommentsClose CommentsPermalink
(A) implement a comprehensive plan and strategy for the Department of Defense, as developed by the Secretary of Defense, for a registry of information for the tracking of the diagnosis, surgical intervention or other operative procedure, other treatment, and follow up for each case of hearing loss and auditory system injury incurred by a member of the Armed Forces while serving on active duty;CommentsClose CommentsPermalink
(B) ensure the electronic exchange with the Secretary of Veterans Affairs of information obtained through tracking under subparagraph (A); andCommentsClose CommentsPermalink
(C) enable the Secretary of Veterans Affairs to access the registry and add information pertaining to additional treatments or surgical procedures and eventual hearing outcomes for veterans who were entered into the registry and subsequently received treatment through the Veterans Health Administration.CommentsClose CommentsPermalink
(2) DESIGNATION OF REGISTRY- The registry under this subsection shall be known as the ‘Hearing Loss and Auditory System Injury Registry’ (hereinafter referred to as the ‘Registry’).CommentsClose CommentsPermalink
(3) CONSULTATION IN DEVELOPMENT- The center shall develop the Registry in consultation with audiologists, speech and language pathologists, otolaryngologists, and other specialist personnel of the Department of Defense and the audiologists, speech and language pathologists, otolaryngologists, and other specialist personnel of the Department of Veterans Affairs. The mechanisms and procedures of the Registry shall reflect applicable expert research on military and other hearing loss.CommentsClose CommentsPermalink
(4) MECHANISMS- The mechanisms of the Registry for tracking under paragraph (1)(A) shall ensure that each military medical treatment facility or other medical facility shall submit to the center for inclusion in the Registry information on the diagnosis, surgical intervention or other operative procedure, other treatment, and follow up for each case of hearing loss and auditory system injury described in that paragraph as follows (to the extent applicable):CommentsClose CommentsPermalink
(A) Not later than 30 days after surgery or other operative intervention, including a surgery or other operative intervention carried out as a result of a follow-up examination.CommentsClose CommentsPermalink
(B) Not later than 180 days after the hearing loss and auditory system injury is reported or recorded in the medical record.CommentsClose CommentsPermalink
(5) COORDINATION OF CARE AND BENEFITS- (A) The center shall provide notice to the National Center for Rehabilitative Auditory Research (NCRAR) of the Department of Veterans Affairs and to the auditory system impairment services of the Veterans Health Administration on each member of the Armed Forces described in subparagraph (B) for purposes of ensuring the coordination of the provision of ongoing auditory system rehabilitation benefits and services by the Department of Veterans Affairs after the separation or release of such member from the Armed Forces.CommentsClose CommentsPermalink
(B) A member of the Armed Forces described in this subparagraph is a member of the Armed Forces with significant hearing loss or auditory system injury incurred while serving on active duty, including a member with auditory dysfunction related to traumatic brain injury.CommentsClose CommentsPermalink
(d) Utilization of Registry Information- The Secretary of Defense and the Secretary of Veterans Affairs shall jointly ensure that information in the Registry is available to appropriate audiologists, speech and language pathologists, otolaryngologists, and other specialist personnel of the Department of Defense and the Department of Veterans Affairs for purposes of encouraging and facilitating the conduct of research, and the development of best practices and clinical education, on hearing loss or auditory system injury incurred by members of the Armed Forces.CommentsClose CommentsPermalink
(e) Inclusion of Records of OIF/OEF Veterans- The Secretary of Defense shall take appropriate actions to include in the Registry such records of members of the Armed Forces who incurred a hearing loss or auditory system injury while serving on active duty on or after September 11, 2001, but before the establishment of the Registry, as the Secretary considers appropriate for purposes of the Registry.CommentsClose CommentsPermalink
SEC. 722. CLARIFICATION TO CENTER OF EXCELLENCE RELATING TO MILITARY EYE INJURIES.CommentsClose CommentsPermalink
Section 1623(d) of
SEC. 723. CENTER OF EXCELLENCE IN THE MITIGATION, TREATMENT, AND REHABILITATION OF TRAUMATIC EXTREMITY INJURIES AND AMPUTATIONS.CommentsClose CommentsPermalink
(a) In General- The Secretary of Defense and the Secretary of Veterans Affairs shall jointly establish a center of excellence in the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations.CommentsClose CommentsPermalink
(b) Partnerships- The Secretary of Defense and the Secretary of Veterans Affairs shall jointly ensure that the center collaborates with the Department of Defense, the Department of Veterans Affairs, institutions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (c).CommentsClose CommentsPermalink
(c) Responsibilities- The center shall have the responsibilities as follows:CommentsClose CommentsPermalink
(1) To implement a comprehensive plan and strategy for the Department of Defense and the Department of Veterans Affairs for the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations.CommentsClose CommentsPermalink
(2) To conduct research to develop scientific information aimed at saving injured extremities, avoiding amputations, and preserving and restoring the function of injured extremities. Such research shall address military medical needs and include the full range of scientific inquiry encompassing basic, translational, and clinical research.CommentsClose CommentsPermalink
(3) To carry out such other activities to improve and enhance the efforts of the Department of Defense and the Department of Veterans Affairs for the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations as the Secretary of Defense and the Secretary of Veterans Affairs consider appropriate.CommentsClose CommentsPermalink
(d) Reports-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the activities of the center.CommentsClose CommentsPermalink
(2) ELEMENTS- Each report under this subsection shall include the following:CommentsClose CommentsPermalink
(A) In the case of the first report under this subsection, a description of the implementation of the requirements of this Act.CommentsClose CommentsPermalink
(B) A description and assessment of the activities of the center during the one-year period ending on the date of such report, including an assessment of the role of such activities in improving and enhancing the efforts of the Department of Defense and the Department of Veterans Affairs for the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations.CommentsClose CommentsPermalink
SEC. 724. ADDITIONAL RESPONSIBILITIES FOR THE WOUNDED WARRIOR RESOURCE CENTER.CommentsClose CommentsPermalink
Section 1616(a) of the Wounded Warrior Act (title XVI of
SEC. 725. SENSE OF CONGRESS ON RESEARCH ON TRAUMATIC BRAIN INJURY.CommentsClose CommentsPermalink
It is the sense of Congress that the requirement under section 1621(c)(7) of the National Defense Authorization Act for Fiscal Year 2008 (
SEC. 726. EXTENSION OF SENIOR OVERSIGHT COMMITTEE WITH RESPECT TO WOUNDED WARRIOR MATTERS.CommentsClose CommentsPermalink
(a) In General- The Secretary of Defense and the Secretary of Veterans Affairs shall jointly take such actions as are appropriate, including the allocation of appropriate personnel, funding, and other resources, to continue the operations of the Senior Oversight Committee until December 31, 2009.CommentsClose CommentsPermalink
(b) Report on Further Extension of Committee- Not later than August 31, 2009, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report setting forth the joint recommendation of the Secretaries as to the advisability of continuing the operations of the Senior Oversight Committee after December 31, 2009. If the Secretaries recommend that continuing the operations of the Senior Oversight Committee after December 31, 2009, is advisable, the report may include such recommendations for the modification of the responsibilities, composition, or support of the Senior Oversight Committee as the Secretaries jointly consider appropriate.CommentsClose CommentsPermalink
(c) Senior Oversight Committee Defined- In this section, the term ‘Senior Oversight Committee’ means the Senior Oversight Committee jointly established by the Secretary of Defense and the Secretary of Veterans Affairs in May 2007. The Senior Oversight Committee was established to address concerns related to the treatment of wounded, ill, and injured members of the Armed Forces and veterans and serves as the single point of contact for oversight, strategy, and integration of proposed strategies for the efforts of the Department of Defense and the Department of Veterans Affairs to improve support throughout the recovery, rehabilitation, and reintegration of wounded, ill, or injured members of the Armed Forces.CommentsClose CommentsPermalink
SEC. 727. MODIFICATION OF UTILIZATION OF VETERANS’ PRESUMPTION OF SOUND CONDITION IN ESTABLISHING ELIGIBILITY OF MEMBERS OF THE ARMED FORCES FOR RETIREMENT FOR DISABILITY.CommentsClose CommentsPermalink
(a) Retirement of Regulars and Members on Active Duty for More Than 30 Days-
(1) by striking ‘the member has six months or more of active military service and’; andCommentsClose CommentsPermalink
(2) by striking ‘(unless compelling evidence’ and all that follows through ‘active duty)’ and inserting ‘(unless clear and unmistakable evidence demonstrates that the disability existed before the member’s entrance on active duty and was not aggravated by active military service)’.CommentsClose CommentsPermalink
(b) Separation of Regulars and Members on Active Duty for More Than 30 Days- Section 1203(b)(4)(B) of such title is amended--CommentsClose CommentsPermalink
(1) by striking ‘the member has six months or more of active military service, and’; andCommentsClose CommentsPermalink
(2) by striking ‘(unless compelling evidence’ and all that follows through ‘active duty)’ and inserting ‘(unless clear and unmistakable evidence demonstrates that the disability existed before the member’s entrance on active duty and was not aggravated by active military service)’.CommentsClose CommentsPermalink
Subtitle D--Other MattersCommentsClose CommentsPermalink
SEC. 731. REPORT ON PROVIDING THE EXTENDED CARE HEALTH OPTION PROGRAM TO DEPENDENTS OF MILITARY RETIREES.CommentsClose CommentsPermalink
(a) Report Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on including dependents of military retirees in the ECHO program for a limited transitional period following retirement.CommentsClose CommentsPermalink
(b) Contents of Report- The report required under subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) The most current data on the number of military retirees with dependents who are eligible to receive extended benefits under the ECHO program and an estimate of the number of future military retirees with dependents who are eligible to receive such benefits.CommentsClose CommentsPermalink
(2) The cost estimates of providing extended benefits under the ECHO program to dependents of all current and future military retirees.CommentsClose CommentsPermalink
(3) The feasibility of including dependents of military retirees in any ongoing demonstration or pilot programs within the ECHO program.CommentsClose CommentsPermalink
(4) The statutory and regulatory impediments to including dependents of military retirees in the ECHO program.CommentsClose CommentsPermalink
(c) ECHO Program- In this section, the term ‘ECHO program’ means the Extended Care Health Option program provided pursuant to subsections (d), (e), and (f) of
SEC. 732. INCREASE IN CAP ON EXTENDED BENEFITS UNDER EXTENDED HEALTH CARE OPTION (ECHO).CommentsClose CommentsPermalink
(1) in paragraph (2)(A), by striking ‘month shall not exceed $2,500,’ and inserting ‘year shall not exceed $36,000, prorated as determined by the Secretary of Defense,’; andCommentsClose CommentsPermalink
(2) in paragraph (2)(B), by striking ‘month’ and inserting ‘year.’.CommentsClose CommentsPermalink
SEC. 733. DEPARTMENT OF DEFENSE TASK FORCE ON THE PREVENTION OF SUICIDE BY MEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink
(a) Requirement to Establish- The Secretary of Defense shall establish within the Department of Defense a task force to examine matters relating to prevention of suicide by members of the Armed Forces.CommentsClose CommentsPermalink
(b) Composition-CommentsClose CommentsPermalink
(1) MEMBERS- The task force shall consist of not more than 14 members appointed by the Secretary of Defense from among individuals described in paragraph (2) who have demonstrated expertise in the area of suicide prevention and response.CommentsClose CommentsPermalink
(2) RANGE OF MEMBERS- The individuals appointed to the task force shall include--CommentsClose CommentsPermalink
(A) at least one member of each of the Army, Navy, Air Force, and Marine Corps;CommentsClose CommentsPermalink
(B) a number of persons from outside the Department of Defense equal to the total number of personnel from within the Department of Defense (whether members of the Armed Forces or civilian personnel) who are appointed to the task force;CommentsClose CommentsPermalink
(C) persons who have experience in--CommentsClose CommentsPermalink
(i) national suicide prevention policy;CommentsClose CommentsPermalink
(ii) military personnel policy;CommentsClose CommentsPermalink
(iii) research in the field of suicide prevention;CommentsClose CommentsPermalink
(iv) clinical care in mental health; orCommentsClose CommentsPermalink
(v) military chaplaincy or pastoral care; andCommentsClose CommentsPermalink
(D) at least one family member of a member of the Armed Forces who has experience working with military families.CommentsClose CommentsPermalink
(3) INDIVIDUALS APPOINTED OUTSIDE DEPARTMENT OF DEFENSE- Individuals appointed to the task force from outside the Department of Defense may include officers or employees of other departments or agencies of the Federal Government, officers or employees of State and local governments, or individuals from the private sector.CommentsClose CommentsPermalink
(4) DEADLINE FOR APPOINTMENT- All appointments of individuals to the task force shall be made not later than 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(5) CO-CHAIRS OF TASK FORCE- There shall be two co-chairs of the task force. One of the co-chairs shall be designated by the Secretary of the Defense at the time of appointment from among the Department of Defense personnel appointed to the task force. The other co-chair shall be selected from among the members appointed from outside the Department of Defense by members so appointed.CommentsClose CommentsPermalink
(c) Assessment and Recommendations on Suicide Prevention Policy-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 12 months after the date on which all members of the task force have been appointed, the task force shall submit to the Secretary a report containing recommendations regarding a comprehensive policy designed to prevent suicide by members of the Armed Forces.CommentsClose CommentsPermalink
(2) UTILIZATION OF OTHER EFFORTS- In preparing the report, the task force shall take into consideration completed and ongoing efforts by the military departments to improve the efficacy of suicide prevention programs.CommentsClose CommentsPermalink
(3) ELEMENTS- The recommendations (including recommendations for legislative or administrative action) shall include measures to address the following:CommentsClose CommentsPermalink
(A) Methods to identify trends and common causal factors in suicides by members of the Armed Forces.CommentsClose CommentsPermalink
(B) Methods to establish or update suicide education and prevention programs conducted by each military department based on identified trends and causal factors.CommentsClose CommentsPermalink
(C) An assessment of current suicide education and prevention programs of each military department.CommentsClose CommentsPermalink
(D) An assessment of suicide incidence by military occupation to include identification of military occupations with a high incidence of suicide.CommentsClose CommentsPermalink
(E) The appropriate type and method of investigation to determine the causes and factors surrounding each suicide by a member of the Armed Forces.CommentsClose CommentsPermalink
(F) The qualifications of the individual appointed to conduct an investigation of a suicide by a member of the Armed Forces.CommentsClose CommentsPermalink
(G) The required information to be determined by an investigation in order to determine the causes and factors surrounding suicides by members of the Armed Forces.CommentsClose CommentsPermalink
(H) The appropriate reporting requirements following an investigation conducted on a suicide by a member of the Armed Forces.CommentsClose CommentsPermalink
(I) The appropriate official or executive agent within the military department and Department of Defense to receive and analyze reports on investigations of suicides by members of the Armed Forces.CommentsClose CommentsPermalink
(J) The appropriate use of the information gathered during investigations of suicides by members of the Armed Forces.CommentsClose CommentsPermalink
(K) Methods for protecting confidentiality of information contained in reports of investigations of suicides by members of the Armed Forces.CommentsClose CommentsPermalink
(d) Administrative Matters-CommentsClose CommentsPermalink
(1) COMPENSATION- Each member of the task force who is a member of the Armed Forces or a civilian officer or employee of the United States shall serve without compensation (other than compensation to which entitled as a member of the Armed Forces or an officer or employee of the United States, as the case may be). Other members of the task force shall be treated for purposes of
(2) OVERSIGHT- The Under Secretary of Defense for Personnel and Readiness shall oversee the activities of the task force.CommentsClose CommentsPermalink
(3) ADMINISTRATIVE SUPPORT- The Washington Headquarters Services of the Department of Defense shall provide the task force with personnel, facilities, and other administrative support as necessary for the performance of the duties of the task force.CommentsClose CommentsPermalink
(4) ACCESS TO FACILITIES- The Under Secretary of Defense for Personnel and Readiness shall, in coordination with the Secretaries of the military departments, ensure appropriate access by the task force to military installations and facilities for purposes of the discharge of the duties of the task force.CommentsClose CommentsPermalink
(e) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- The task force shall submit to the Secretary of Defense a report on its activities under this section. The report shall include--CommentsClose CommentsPermalink
(A) a description of the activities of the task force;CommentsClose CommentsPermalink
(B) the assessment and recommendations required by subsection (c); andCommentsClose CommentsPermalink
(C) such other matters relating to the activities of the task force that the task force considers appropriate.CommentsClose CommentsPermalink
(2) TRANSMITTAL TO CONGRESS- Not later than 90 days after receipt of the report under paragraph (1), the Secretary shall transmit the report to the Committees on Armed Services of the Senate and the House of Representatives. The Secretary may include in the transmittal such comments on the report as the Secretary considers appropriate.CommentsClose CommentsPermalink
(f) Plan Required- Not later than March 1, 2010, the Secretary of Defense shall develop a plan based on the recommendations of the task force and submit the plan to the congressional defense committees.CommentsClose CommentsPermalink
(g) Termination- The task force shall terminate 90 days after the date on which the report of the task force is submitted to Congress under subsection (e)(2).CommentsClose CommentsPermalink
SEC. 734. TRANSITIONAL HEALTH CARE FOR CERTAIN MEMBERS OF THE ARMED FORCES WHO AGREE TO SERVE IN THE SELECTED RESERVE OF THE READY RESERVE.CommentsClose CommentsPermalink
(a) Provision of Transitional Health Care-
‘(F) A member who is separated from active duty who agrees to become a member of the Selected Reserve of the Ready Reserve of a reserve component.’.CommentsClose CommentsPermalink
(b) Effective Date- Subparagraph (F) of
SEC. 735. ENHANCEMENT OF MEDICAL AND DENTAL READINESS OF MEMBERS OF THE ARMED FORCES.CommentsClose CommentsPermalink
(a) Expansion of Availability of Medical and Dental Services for Reserves-CommentsClose CommentsPermalink
(1) EXPANSION OF AVAILABILITY FOR RESERVES ASSIGNED TO UNITS SCHEDULED FOR DEPLOYMENT WITHIN 75 DAYS OF MOBILIZATION- Subsection (d)(1) of
(2) AVAILABILITY FOR CERTAIN OTHER RESERVES- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(g)(1) The Secretary concerned may provide to any member of the Selected Reserve not described in subsection (d)(1) or (f), and to any member of the Individual Ready Reserve described in section 10144(b) of this title the medical and dental services specified in subsection (d)(1) if the Secretary determines that the receipt of such services by such member is necessary to ensure that the member meets applicable standards of medical and dental readiness.CommentsClose CommentsPermalink
‘(2) Services may not be provided to a member under this subsection for a condition that is the result of the member’s own misconduct.CommentsClose CommentsPermalink
‘(3) The services provided under this subsection shall be provided at no cost to the member.’.CommentsClose CommentsPermalink
(3) FUNDING- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(h) Amounts available for operation and maintenance of a reserve component of the armed forces may be available for purposes of this section to ensure the medical and dental readiness of members of such reserve component.’.CommentsClose CommentsPermalink
(b) Waiver of Certain Copayments for Dental Care for Reserves for Readiness Purposes- Section 1076a(e) of such title is amended--CommentsClose CommentsPermalink
(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;CommentsClose CommentsPermalink
(2) by striking ‘A member or dependent’ and inserting ‘(1) Except as provided pursuant to paragraph (2), a member or dependent’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2)(A) During a national emergency declared by the President or Congress and subject to regulations prescribed by the Secretary of Defense, the Secretary may waive, in whole or in part, the charges otherwise payable by a member of the Selected Reserve of the Ready Reserve or a member of the Individual Ready Reserve under paragraph (1) for the coverage of the member alone under the dental insurance plan established under subsection (a)(1) if the Secretary determines that such waiver of the charges would facilitate or ensure the readiness of a unit or individual for deployment.CommentsClose CommentsPermalink
‘(B) The waiver under subparagraph (A) may apply only with respect to charges for coverage of dental care required for readiness.’.CommentsClose CommentsPermalink
(c) Report on Policies and Procedures in Support of Medical and Dental Readiness-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than March 1, 2009, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the policies and procedures of the Department of Defense to ensure the medical and dental readiness of members of the Armed Forces.CommentsClose CommentsPermalink
(2) ELEMENTS- The report required by paragraph (1) shall include the following:CommentsClose CommentsPermalink
(A) A description of the current standards of each military department with respect to the medical and dental readiness of individual members of the Armed Forces (including members of the regular components and members of the reserve components), and with respect to the medical and dental readiness of units of the Armed Forces (including units of the regular components and units of the reserve components), under the jurisdiction of such military department.CommentsClose CommentsPermalink
(B) A description of the manner in which each military department applies the standards described under subparagraph (A) with respect to each of the following:CommentsClose CommentsPermalink
(i) Performance evaluation.CommentsClose CommentsPermalink
(ii) Promotion.CommentsClose CommentsPermalink
(iii) In the case of the members of the reserve components, eligibility to attend annual training.CommentsClose CommentsPermalink
(iv) Continued retention in the Armed Forces.CommentsClose CommentsPermalink
(v) Such other matters as the Secretary considers appropriate.CommentsClose CommentsPermalink
(C) A statement of the number of members of the Armed Forces (including members of the regular components and members of the reserve components) who were determined to be not ready for deployment at any time during the period beginning on October 1, 2001, and ending on September 30, 2008, due to failure to meet applicable medical or dental standards, and an assessment of whether the unreadiness of such members for deployment could reasonably have been mitigated by actions of the members concerned to maintain individual medical or dental readiness.CommentsClose CommentsPermalink
(D) A description of any actual or perceived barriers to the achievement of full medical and dental readiness in the Armed Forces (including among the regular components and the reserve components), including barriers associated with the following:CommentsClose CommentsPermalink
(i) Quality or cost of, or access to, medical and dental care.CommentsClose CommentsPermalink
(ii) Availability of programs and incentives intended to prevent medical or dental problems.CommentsClose CommentsPermalink
(E) Such recommendations for legislative or administrative action as the Secretary considers appropriate to ensure the medical and dental readiness of individual members of the Armed Forces and units of the Armed Forces, including recommendations regarding the following:CommentsClose CommentsPermalink
(i) The advisability of requiring that fitness reports of members of the Armed Forces include--CommentsClose CommentsPermalink
(I) a statement of whether or not a member meets medical and dental readiness standards for deployment; andCommentsClose CommentsPermalink
(II) in cases in which a member does not meet such standard, a statement of actions being taken to ensure that the member meets such standards and the anticipated schedule for meeting such standards.CommentsClose CommentsPermalink
(ii) The advisability of establishing a mandatory promotion standard relating to individual medical and dental readiness and, in the case of a unit commander, unit medical and dental readiness.CommentsClose CommentsPermalink
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERSCommentsClose CommentsPermalink
Subtitle A--Acquisition Policy and Management
Sec. 801. Assessment of urgent operational needs fulfillment.CommentsClose CommentsPermalink
Sec. 802. Implementation of statutory requirements regarding the national technology and industrial base.CommentsClose CommentsPermalink
Sec. 803. Commercial software reuse preference.CommentsClose CommentsPermalink
Sec. 804. Internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies.CommentsClose CommentsPermalink
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Inclusion of major subprograms to major defense acquisition programs under acquisition reporting requirements.CommentsClose CommentsPermalink
Sec. 812. Inclusion of certain major information technology investments in acquisition oversight authorities for major automated information system programs.CommentsClose CommentsPermalink
Sec. 813. Transfer of sections of title 10 relating to Milestone A and Milestone B for clarity.CommentsClose CommentsPermalink
Sec. 814. Configuration steering boards for cost control under major defense acquisition programs.CommentsClose CommentsPermalink
Sec. 815. Preservation of tooling for major defense acquisition programs.CommentsClose CommentsPermalink
Subtitle C--Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 821. Definition of system for Defense Acquisition Challenge Program.CommentsClose CommentsPermalink
Sec. 822. Technical data rights.CommentsClose CommentsPermalink
Sec. 823. Revision to the application of Cost Accounting Standards.CommentsClose CommentsPermalink
Sec. 824. Modification and extension of pilot program for transition to follow-on contracts under authority to carry out certain prototype projects.CommentsClose CommentsPermalink
Sec. 825. Clarification of status of Government rights in the designs of Department of Defense vessels, boats, craft, and components thereof.CommentsClose CommentsPermalink
Subtitle D--Provisions Relating to Acquisition Workforce and Inherently Governmental Functions
Sec. 831. Development of guidance on personal services contracts.CommentsClose CommentsPermalink
Sec. 832. Sense of Congress on performance by private security contractors of certain functions in an area of combat operations.CommentsClose CommentsPermalink
Sec. 833. Acquisition workforce expedited hiring authority.CommentsClose CommentsPermalink
Sec. 834. Career path and other requirements for military personnel in the acquisition field.CommentsClose CommentsPermalink
Subtitle E--Department of Defense Contractor Matters
Sec. 841. Ethics safeguards related to contractor conflicts of interest.CommentsClose CommentsPermalink
Sec. 842. Information for Department of Defense contractor employees on their whistleblower rights.CommentsClose CommentsPermalink
Sec. 843. Requirement for Department of Defense to adopt an acquisition strategy for Defense Base Act insurance.CommentsClose CommentsPermalink
Sec. 844. Report on use of off-shore subsidiaries by defense contractors.CommentsClose CommentsPermalink
Sec. 845. Defense industrial security.CommentsClose CommentsPermalink
Subtitle F--Matters Relating to Iraq and Afghanistan
Sec. 851. Clarification and modification of authorities relating to the Commission on Wartime Contracting in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 852. Comprehensive audit of spare parts purchases and depot overhaul and maintenance of equipment for operations in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 853. Additional matters required to be reported by contractors performing security functions in areas of combat operations.CommentsClose CommentsPermalink
Sec. 854. Additional contractor requirements and responsibilities relating to alleged crimes by or against contractor personnel in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 855. Suspension of statutes of limitations when Congress authorizes the use of military force.CommentsClose CommentsPermalink
Subtitle G--Governmentwide Acquisition Improvements
Sec. 861. Short title.CommentsClose CommentsPermalink
Sec. 862. Limitation on length of certain noncompetitive contracts.CommentsClose CommentsPermalink
Sec. 863. Requirements for purchase of property and services pursuant to multiple award contracts.CommentsClose CommentsPermalink
Sec. 864. Regulations on the use of cost-reimbursement contracts.CommentsClose CommentsPermalink
Sec. 865. Preventing abuse of interagency contracts.CommentsClose CommentsPermalink
Sec. 866. Limitations on tiering of subcontractors.CommentsClose CommentsPermalink
Sec. 867. Linking of award and incentive fees to acquisition outcomes.CommentsClose CommentsPermalink
Sec. 868. Minimizing abuse of commercial services item authority.CommentsClose CommentsPermalink
Sec. 869. Acquisition workforce development strategic plan.CommentsClose CommentsPermalink
Sec. 870. Contingency Contracting Corps.CommentsClose CommentsPermalink
Sec. 871. Access of Government Accountability Office to contractor employees.CommentsClose CommentsPermalink
Sec. 872. Database for Federal agency contract and grant officers and suspension and debarment officials.CommentsClose CommentsPermalink
Sec. 873. Role of Interagency Committee on Debarment and Suspension.CommentsClose CommentsPermalink
Sec. 874. Improvements to the Federal procurement data system.CommentsClose CommentsPermalink
Subtitle H--Other Matters
Sec. 881. Expansion of authority to retain fees from licensing of intellectual property.CommentsClose CommentsPermalink
Sec. 882. Report on market research.CommentsClose CommentsPermalink
Sec. 883. Report relating to munitions.CommentsClose CommentsPermalink
Sec. 884. Motor carrier fuel surcharges.CommentsClose CommentsPermalink
Sec. 885. Procurement by State and local governments of equipment for homeland security and emergency response activities through the Department of Defense.CommentsClose CommentsPermalink
Sec. 886. Review of impact of covered subsidies on acquisition of KC-45 aircraft.CommentsClose CommentsPermalink
Sec. 887. Report on the implementation of earned value management at the Department of Defense.CommentsClose CommentsPermalink
Subtitle A--Acquisition Policy and ManagementCommentsClose CommentsPermalink
SEC. 801. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILLMENT.CommentsClose CommentsPermalink
(a) Assessment Required- The Secretary of Defense shall commission a study and report by an independent commission or a federally funded research and development center to assess the effectiveness of the processes used by the Department of Defense for the generation of urgent operational need requirements, and the acquisition processes used to fulfill such requirements. Such assessment shall include the following:CommentsClose CommentsPermalink
(1) A description and evaluation of the effectiveness of the procedures used to generate, validate, and fulfill warfighting requirements through the urgent operational need and joint urgent operational need processes, including--CommentsClose CommentsPermalink
(A) the extent to which joint and urgent operational need statements are used to document required capability gaps or are used to request specific acquisition outcomes, such as specific systems or equipment;CommentsClose CommentsPermalink
(B) the effectiveness of the processes used by each of the military departments and the various elements of the Department of Defense to prioritize and fulfill joint and urgent operational needs, including the rapid acquisition processes of the military departments, as well as the joint improvised explosive device defeat organization and the joint rapid acquisition cell; andCommentsClose CommentsPermalink
(C) the timeliness and responsiveness of the processes used by the military departments and the various elements of the Department of Defense to review and validate urgent operational needs statements and joint urgent operational needs statements.CommentsClose CommentsPermalink
(2) An evaluation of the extent to which joint urgent operational need statements are used to avoid using service-specific urgent operational need and acquisition processes or to document non-urgent capability gaps.CommentsClose CommentsPermalink
(3) An evaluation of the extent to which joint acquisition entities maintain oversight, once a military department or defense agency has been designated as responsible for execution and fielding of a capability in response to a joint urgent operational need statement, including oversight of--CommentsClose CommentsPermalink
(A) the responsiveness of the military department or agency in execution;CommentsClose CommentsPermalink
(B) the field performance of the capability delivered in response to the joint urgent operational need statement; andCommentsClose CommentsPermalink
(C) the concurrent development of a long term acquisition and sustainment strategy.CommentsClose CommentsPermalink
(8) Recommendations regarding--CommentsClose CommentsPermalink
(A) best practices and process improvements to ensure that urgent operational needs statements and joint urgent operational needs statements are presented to appropriate authorities for review and validation not later than 60 days after the documents are submitted;CommentsClose CommentsPermalink
(B) common definitions and standards for urgent operational needs statements and joint urgent operational need statements;CommentsClose CommentsPermalink
(C) best practices and process improvements for the creation, evaluation, prioritization, and fulfillment of urgent operational need statements and joint urgent operational need statements; andCommentsClose CommentsPermalink
(D) the extent to which rapid acquisition processes should be consolidated or expanded.CommentsClose CommentsPermalink
(b) Submission to Congress- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the report resulting from the study conducted pursuant to subsection (a).CommentsClose CommentsPermalink
SEC. 802. IMPLEMENTATION OF STATUTORY REQUIREMENTS REGARDING THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.CommentsClose CommentsPermalink
(a) Guidance Required- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance regarding--CommentsClose CommentsPermalink
(1) the appropriate application of the authority in sections 2304(b) and 2304(c)(3)(A) of title 10, United States Code, in connection with major defense acquisition programs; andCommentsClose CommentsPermalink
(2) the appropriate timing and performance of the requirement in
(b) Definitions- In this section;CommentsClose CommentsPermalink
(1) MAJOR DEFENSE ACQUISITION PROGRAM- The term ‘major defense acquisition program’ has the meaning provided in
(2) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE- The term ‘national technology and industrial base’ has the meaning provided in
SEC. 803. COMMERCIAL SOFTWARE REUSE PREFERENCE.CommentsClose CommentsPermalink
(a) In General- The Secretary of Defense shall ensure that contracting officials identify and evaluate, at all stages of the acquisition process (including concept refinement, concept decision, and technology development), opportunities for the use of commercial computer software and other non-developmental software.CommentsClose CommentsPermalink
(b) Report- Not later than 270 days after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a report on actions taken to implement subsection (a), including a description of any relevant regulations and policy guidance.CommentsClose CommentsPermalink
SEC. 804. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE AGENCIES.CommentsClose CommentsPermalink
(a) Inclusion of Additional Non-Defense Agencies in Review- The covered non-defense agencies specified in subsection (c) of this section shall be considered covered non-defense agencies as defined in subsection (i) of section 817 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(b) Deadlines and Applicability for Additional Non-Defense Agencies- For each covered non-defense agency specified in subsection (c) of this section, section 817 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(1) The review and determination required by subsection (a)(1) of such section shall be completed by not later than March 15, 2009.CommentsClose CommentsPermalink
(2) The review and determination required by subsection (a)(2) of such section, if necessary, shall be completed by not later than June 15, 2010, and such review and determination shall be a review and determination of such agency’s procurement of property and services on behalf of the Department of Defense in fiscal year 2009.CommentsClose CommentsPermalink
(3) The memorandum of understanding required by subsection (c)(1) of such section shall be entered into by not later than 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(4) The limitation specified in subsection (d)(1) of such section shall apply after March 15, 2009, and before June 16, 2010.CommentsClose CommentsPermalink
(5) The limitation specified in subsection (d)(2) of such section shall apply after June 15, 2010.CommentsClose CommentsPermalink
(6) The limitation required by subsection (d)(3) of such section shall commence, if necessary, on the date that is 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(c) Definition of Covered Non-Defense Agency- In this section, the term ‘covered non-defense agency’ means each of the following:CommentsClose CommentsPermalink
(1) The Department of Commerce.CommentsClose CommentsPermalink
(2) The Department of Energy.CommentsClose CommentsPermalink
(d) Modification of Certain Additional Authorities on Internal Controls for Procurements on Behalf of DOD- Section 801 of the National Defense Authorization Act for Fiscal Year 2008 (
(1) in subsection (a)(2)--CommentsClose CommentsPermalink
(A) in subparagraph (B), by striking ‘each of the Department of the Treasury, the Department of the Interior, and the National Aeronautics and Space Administration’ and inserting ‘the Department of the Interior’; andCommentsClose CommentsPermalink
(B) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(D) In the case of each of the Department of Commerce and the Department of Energy, by not later than March 15, 2015.’; andCommentsClose CommentsPermalink
(2) in subsection (f)(2)--CommentsClose CommentsPermalink
(A) by striking subparagraphs (B) and (D);CommentsClose CommentsPermalink
(B) by redesignating subparagraphs (C), (E), and (F) as subparagraphs (B), (C), and (D), respectively; andCommentsClose CommentsPermalink
(C) by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink
‘(E) The Department of Commerce.CommentsClose CommentsPermalink
‘(F) The Department of Energy.’.CommentsClose CommentsPermalink
Subtitle B--Provisions Relating to Major Defense Acquisition ProgramsCommentsClose CommentsPermalink
SEC. 811. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE ACQUISITION PROGRAMS UNDER ACQUISITION REPORTING REQUIREMENTS.CommentsClose CommentsPermalink
(a) Authority To Designate Major Subprograms as Subject to Acquisition Reporting Requirements-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 144 of title 10, United States Code, is amended by inserting after section 2430 the following new section:CommentsClose CommentsPermalink
‘Sec. 2430a. Major subprogramsCommentsClose CommentsPermalink
‘(a) Authority To Designate Major Subprograms as Subject to Acquisition Reporting Requirements- (1) If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more categories of end items which differ significantly from each other in form and function, the Secretary may designate each such category of end items as a major subprogram for the purposes of acquisition reporting under this chapter.CommentsClose CommentsPermalink
‘(2) The Secretary shall notify the congressional defense committees in writing of any proposed designation pursuant to paragraph (1) not less than 30 days before the date such designation takes effect.CommentsClose CommentsPermalink
‘(b) Reporting Requirements- If the Secretary designates a major subprogram of a major defense acquisition program in accordance with subsection (a), Selected Acquisition Reports, unit cost reports, and program baselines under this chapter shall reflect cost, schedule, and performance information--CommentsClose CommentsPermalink
‘(1) for the major defense acquisition program as a whole; andCommentsClose CommentsPermalink
‘(2) for each major subprogram of the major defense acquisition program so designated.CommentsClose CommentsPermalink
‘(c) Requirement to Cover Entire Major Defense Acquisition Program- If a subprogram of a major defense acquisition program is designated as a major subprogram under subsection (a), all other elements of the major defense acquisition program shall be appropriately organized into one or more subprograms under the major defense acquisition program, each of which subprograms, as so organized, shall be treated as a major subprogram under subsection (a).CommentsClose CommentsPermalink
‘(d) Definitions- Notwithstanding paragraphs (1) and (2) of section 2432(a) of this title, in the case of a major defense acquisition program for which the Secretary has designated one or more major subprograms under this section for the purposes of this chapter--CommentsClose CommentsPermalink
‘(1) the term ‘program acquisition unit cost’ applies at the level of the subprogram and means the total cost for the development and procurement of, and specific military construction for, the major defense acquisition program that is reasonably allocable to each such major subprogram, divided by the relevant number of fully-configured end items to be produced under such major subprogram;CommentsClose CommentsPermalink
‘(2) the term ‘procurement unit cost’ applies at the level of the subprogram and means the total of all funds programmed to be available for obligation for procurement for each such major subprogram, divided by the number of fully-configured end items to be procured under such major subprogram;CommentsClose CommentsPermalink
‘(3) the term ‘major contract’, with respect to a designated major subprogram, means each of the six largest prime, associate, or Government furnished equipment contracts under the subprogram that is in excess of $40,000,000 and that is not a firm-fixed price contract; andCommentsClose CommentsPermalink
‘(4) the term ‘life cycle cost’, with respect to a designated major subprogram, means all costs of development, procurement, military construction, and operations and support, without regard to funding source or management control.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 144 of such title is amended by inserting after the item relating to section 2430 the following new item:CommentsClose CommentsPermalink
‘2430a. Major subprograms.’.CommentsClose CommentsPermalink
(b) Conforming Amendments to Section 2432- Section 2432 of such title is amended--CommentsClose CommentsPermalink
(1) in subsection (b)(2)(A), by inserting ‘for the program (or for each designated subprogram under the program)’ after ‘procurement unit cost’;CommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (1)(B)--CommentsClose CommentsPermalink
(i) by inserting ‘or designated major subprogram’ after ‘for each major defense acquisition program’; andCommentsClose CommentsPermalink
(ii) by inserting ‘or subprogram’ after ‘the program’;CommentsClose CommentsPermalink
(B) in paragraph (1)(C)--CommentsClose CommentsPermalink
(i) by inserting ‘or designated major subprogram’ after ‘major defense acquisition program’; andCommentsClose CommentsPermalink
(ii) by inserting ‘or subprogram’ after ‘the program’; andCommentsClose CommentsPermalink
(C) in paragraph (3)(A), by inserting ‘and each designated major subprogram’ after ‘for each major defense acquisition program’;CommentsClose CommentsPermalink
(3) in subsection (e)--CommentsClose CommentsPermalink
(A) in paragraph (3), by inserting before the period the following: ‘for the program (or for each designated major subprogram under the program)’;CommentsClose CommentsPermalink
(B) in paragraph (5), by inserting before the period the following: ‘(or for each designated major subprogram under the program)’;CommentsClose CommentsPermalink
(C) in paragraph (7), by inserting ‘or subprogram’ after ‘of the program’ each place it appears; andCommentsClose CommentsPermalink
(D) in paragraph (8), by inserting ‘and designated major subprograms under the program’ after ‘the program’;CommentsClose CommentsPermalink
(4) in subsection (g)--CommentsClose CommentsPermalink
(A) by inserting ‘or designated major subprogram’ after ‘major defense acquisition program’; andCommentsClose CommentsPermalink
(B) by inserting ‘or subprogram’ after ‘the program’ each place it appears; andCommentsClose CommentsPermalink
(5) in subsection (h)(2)(C), by inserting ‘and designated major subprograms under the program’ after ‘the development program’.CommentsClose CommentsPermalink
(c) Conforming Amendments to Section 2433- Section 2433 of such title is amended--CommentsClose CommentsPermalink
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘The terms’ and inserting ‘Except as provided in section 2430a(c) of this title, the terms’;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by inserting ‘or designated major subprogram’ after ‘major defense acquisition program’; andCommentsClose CommentsPermalink
(ii) by inserting ‘or subprogram’ after ‘the program’;CommentsClose CommentsPermalink
(C) in paragraph (4)--CommentsClose CommentsPermalink
(i) by inserting ‘or designated major defense subprogram’ after ‘major defense acquisition program’ each place it appears; andCommentsClose CommentsPermalink
(ii) by inserting ‘or subprogram’ after ‘for the program’ each place it appears; andCommentsClose CommentsPermalink
(D) in paragraph (5)--CommentsClose CommentsPermalink
(i) by inserting ‘or designated major defense subprogram’ after ‘major defense acquisition program’ each place it appears; andCommentsClose CommentsPermalink
(ii) by inserting ‘or subprogram’ after ‘for the program’ each place it appears;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1), by inserting ‘(or of each designated major subprogram under the program)’ after ‘unit costs of the program’;CommentsClose CommentsPermalink
(B) in paragraph (1), by inserting before the period the following: ‘for the program (or for each designated major subprogram under the program)’;CommentsClose CommentsPermalink
(C) in paragraph (2), by inserting before the period the following: ‘for the program (or for each designated major subprogram under the program)’; andCommentsClose CommentsPermalink
(D) in paragraph (5), by inserting ‘or subprogram’ after ‘the program’ each place it appears (other than the last place it appears);CommentsClose CommentsPermalink
(3) in subsection (c)--CommentsClose CommentsPermalink
(A) by striking ‘the program acquisition unit cost for the program or the procurement unit cost for the program’ and inserting ‘the program acquisition unit cost for the program (or for a designated major subprogram under the program) or the procurement unit cost for the program (or for such a subprogram)’; andCommentsClose CommentsPermalink
(B) by striking ‘for the program’ after ‘significant cost growth threshold’;CommentsClose CommentsPermalink
(4) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by inserting ‘or any designated major subprogram under the program’ after ‘major defense acquisition program’; andCommentsClose CommentsPermalink
(ii) by inserting ‘or subprogram’ after ‘for the program’ each place it appears;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by inserting ‘or any designated major subprogram under the program’ after ‘major defense acquisition program’; andCommentsClose CommentsPermalink
(ii) by inserting ‘or subprogram’ after ‘for the program’ each place it appears; andCommentsClose CommentsPermalink
(C) in paragraph (3), by striking ‘such program’ and inserting ‘the program or subprogram concerned’;CommentsClose CommentsPermalink
(5) in subsection (e)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) in subparagraph (A)--CommentsClose CommentsPermalink
(I) by inserting ‘or designated major subprogram’ after ‘major defense acquisition program’; andCommentsClose CommentsPermalink
(II) by inserting ‘or subprogram’ after ‘for the program’; andCommentsClose CommentsPermalink
(ii) in subparagraph (B)--CommentsClose CommentsPermalink
(I) by inserting ‘or designated major subprogram’ after ‘major defense acquisition program’; andCommentsClose CommentsPermalink
(II) by inserting ‘or subprogram’ after ‘that program’; andCommentsClose CommentsPermalink
(B) in paragraph (2), in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink
(i) by inserting ‘or designated major subprogram’ after ‘major defense acquisition program’; andCommentsClose CommentsPermalink
(ii) by inserting ‘or subprogram’ after ‘for the program’; andCommentsClose CommentsPermalink
(6) in subsection (g)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) in subparagraph (D)--CommentsClose CommentsPermalink
(I) by inserting ‘(and for each designated major subprogram under the program)’ after ‘for the program’; andCommentsClose CommentsPermalink
(II) by inserting ‘or subprogram’ after ‘in which the program’;CommentsClose CommentsPermalink
(ii) in subparagraph (E), by inserting ‘for the program (and for each designated major subprogram under the program)’ after ‘program acquisition cost’;CommentsClose CommentsPermalink
(iii) in subparagraph (F), by inserting before the period the following: ‘for the program (or for any designated major subprogram under the program)’;CommentsClose CommentsPermalink
(iv) in subparagraph (G)--CommentsClose CommentsPermalink
(I) by inserting ‘and each designated major subprogram under the program’ after of ‘the program’; andCommentsClose CommentsPermalink
(II) by inserting ‘or subprogram’ after ‘for the program’ each place it appears;CommentsClose CommentsPermalink
(v) in subparagraph (H)--CommentsClose CommentsPermalink
(I) by inserting ‘and each designated major subprogram under the program’ after ‘the program’ the first place it appears; andCommentsClose CommentsPermalink
(II) by inserting ‘or subprogram’ after ‘the program’ the second place it appears;CommentsClose CommentsPermalink
(vi) in subparagraph (J), by inserting ‘for the program (or for each designated major subprogram under the program)’ after ‘program acquisition unit cost’;CommentsClose CommentsPermalink
(vii) in subparagraph (K), by inserting ‘for the program (or for each designated major subprogram under the program)’ after ‘procurement unit cost’ each place it appears;CommentsClose CommentsPermalink
(viii) in subparagraph (O), by inserting before the period the following: ‘for the program (or for any designated major subprogram under the program)’;CommentsClose CommentsPermalink
(ix) in subparagraph (P)--CommentsClose CommentsPermalink
(I) by inserting ‘or subprogram’ after ‘the program’ the first place it appears; andCommentsClose CommentsPermalink
(II) by inserting ‘and any designated major subprogram under the program’ after ‘the program’ the second place it appears; andCommentsClose CommentsPermalink
(x) in subparagraph (Q), by inserting ‘or any designated major subprogram under the program’ after ‘the program’; andCommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by inserting ‘or designated major subprogram’ after ‘major defense acquisition program’;CommentsClose CommentsPermalink
(ii) by inserting ‘or subprogram’ after ‘the entire program’; andCommentsClose CommentsPermalink
(iii) by inserting ‘or subprogram’ after ‘a program’.CommentsClose CommentsPermalink
(d) Conforming Amendments to Section 2435- Section 2435 of such title is amended--CommentsClose CommentsPermalink
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (1), by inserting ‘and for each designated major subprogram under the program’ after ‘major defense acquisition program’; andCommentsClose CommentsPermalink
(B) in paragraph (2), by inserting ‘or designated major subprogram’ after ‘major defense acquisition program’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by inserting ‘or any designated major subprogram under the program’ after ‘major defense acquisition program’; andCommentsClose CommentsPermalink
(B) by inserting ‘or subprogram’ after ‘the program’;CommentsClose CommentsPermalink
(3) in subsection (c)--CommentsClose CommentsPermalink
(A) by inserting ‘or any designated major subprogram under the program’ after ‘major defense acquisition program’; andCommentsClose CommentsPermalink
(B) by inserting ‘or subprogram’ after ‘the program’ each place it appears;CommentsClose CommentsPermalink
(4) in subsection (d)--CommentsClose CommentsPermalink
(A) by inserting ‘or any designated major subprogram under the program’ after ‘major defense acquisition program’ each place it appears;CommentsClose CommentsPermalink
(B) in paragraph (1)--CommentsClose CommentsPermalink
(i) by inserting ‘or subprogram’ after ‘the program’ each place it appears; andCommentsClose CommentsPermalink
(ii) by inserting ‘or subprogram’ after ‘at program’; andCommentsClose CommentsPermalink
(C) in paragraph (2), by inserting ‘or subprogram’ after ‘for the program’ each place it appears; andCommentsClose CommentsPermalink
(5) in subsection (e)--CommentsClose CommentsPermalink
(A) by inserting ‘(or in the case of a major defense acquisition program with one or more designated major subprograms, approved baseline descriptions for such subprograms)’ after ‘baseline description’;CommentsClose CommentsPermalink
(B) by striking ‘the baseline’ and inserting ‘any such baseline description’; andCommentsClose CommentsPermalink
(C) by inserting ‘or subprogram’ after ‘of the program’.CommentsClose CommentsPermalink
SEC. 812. INCLUSION OF CERTAIN MAJOR INFORMATION TECHNOLOGY INVESTMENTS IN ACQUISITION OVERSIGHT AUTHORITIES FOR MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS.CommentsClose CommentsPermalink
(a) Definitions-CommentsClose CommentsPermalink
(1) IN GENERAL-
(A) in subsection (a), by striking ‘In General’ and inserting ‘Major Automated Information System Program’; andCommentsClose CommentsPermalink
(B) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(d) Other Major Information Technology Investment Program- In this chapter, the term ‘other major information technology investment program’ means the following:CommentsClose CommentsPermalink
‘(1) An investment that is designated by the Secretary of Defense, or a designee of the Secretary, as a ‘pre-Major Automated Information System’ or ‘pre-MAIS’ program.CommentsClose CommentsPermalink
‘(2) Any other investment in automated information system products or services that is expected to exceed the thresholds established in subsection (a), as adjusted under subsection (b), but is not considered to be a major automated information system program because a formal acquisition decision has not yet been made with respect to such investment.’.CommentsClose CommentsPermalink
(2) HEADING AMENDMENT- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
‘Sec. 2445a. Definitions’.CommentsClose CommentsPermalink
(3) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 144A of such title is amended by striking the item relating to section 2445a and inserting the following new item:CommentsClose CommentsPermalink
‘2445a. Definitions.’.CommentsClose CommentsPermalink
(b) Cost, Schedule, and Performance Information- Section 2445b of such title is amended--CommentsClose CommentsPermalink
(1) in subsection (a), by inserting ‘and each other major information technology investment program’ after ‘each major automated information system program’;CommentsClose CommentsPermalink
(2) in subsection (b), by inserting ‘Regarding Major Automated Information System Programs’ after ‘Elements’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(d) Elements Regarding Other Major Information Technology Investment Programs- With respect to each other major information technology investment program, the information required by subsection (a) may be provided in the format that is most appropriate to the current status of the program.’.CommentsClose CommentsPermalink
(c) Quarterly Reports- Section 2445c of such title is amended--CommentsClose CommentsPermalink
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by inserting ‘or other major information technology investment program’ after ‘major automated information system program’; andCommentsClose CommentsPermalink
(B) by inserting ‘or information technology investment’ after ‘the major automated information system’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by inserting ‘or other major information technology investment program’ after ‘major automated information system program’ in the matter preceding paragraph (1); andCommentsClose CommentsPermalink
(B) by inserting ‘or information technology investment’ after ‘automated information system’ each place it appears in paragraphs (1) and (2);CommentsClose CommentsPermalink
(3) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (1) and in paragraph (2) in the matter preceding subparagraph (A), by inserting ‘or other major information technology investment program’ after ‘major automated information system program’; andCommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink
‘(A) the automated information system or information technology investment failed to achieve initial operational capability within five years after funds were first obligated for the program;’;CommentsClose CommentsPermalink
(ii) in subparagraph (B), by inserting before the semicolon the following: ‘or section 2445b(d) of this title, as applicable’;CommentsClose CommentsPermalink
(iii) in subparagraph (C), by inserting before the semicolon the following: ‘or section 2445b(d) of this title, as applicable’; andCommentsClose CommentsPermalink
(iv) in subparagraph (D)--CommentsClose CommentsPermalink
(I) by inserting ‘or major information technology investment’ after ‘major automated information system’; andCommentsClose CommentsPermalink
(II) by inserting before the period the following: ‘or section 2445b(d) of this title, as applicable’;CommentsClose CommentsPermalink
(4) in subsection (e), by inserting ‘or other major information technology investment program’ after ‘major automated information system program’; andCommentsClose CommentsPermalink
(5) in subsection (f)--CommentsClose CommentsPermalink
(A) by inserting ‘or other major information technology investment program’ after ‘major automated information system program’ in the matter preceding paragraph (1);CommentsClose CommentsPermalink
(B) in paragraph (1), by inserting ‘or information technology investment’ after ‘automated information system’;CommentsClose CommentsPermalink
(C) in paragraph (2), by inserting ‘or information technology investment’ after ‘the system’; andCommentsClose CommentsPermalink
(D) in paragraph (3), by inserting ‘or information technology investment, as applicable,’ after ‘the program and system’.CommentsClose CommentsPermalink
SEC. 813. TRANSFER OF SECTIONS OF TITLE 10 RELATING TO MILESTONE A AND MILESTONE B FOR CLARITY.CommentsClose CommentsPermalink
(a) Reversal of Order of Sections-
(b) Redesignation of Sections- Section 2366b (relating to Milestone A) and section 2366a (relating to Milestone B) of such title, as so transferred, are redesignated as sections 2366a and 2366b, respectively.CommentsClose CommentsPermalink
(c) Technical Amendment- The table of sections at the beginning of chapter 139 of title 10, United States Code, is amended by striking the items relating sections 2366a and 2366b and inserting the following new items:CommentsClose CommentsPermalink
‘2366a. Major defense acquisition programs: certification required before Milestone A or Key Decision Point A approval.CommentsClose CommentsPermalink
‘2366b. Major defense acquisition programs: certification required before Milestone B or Key Decision Point B approval.’.CommentsClose CommentsPermalink
(d) Conforming Amendments-CommentsClose CommentsPermalink
(1)
(2) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008- The National Defense Authorization Act for Fiscal Year 2008 (
(A) in section 212(1) by striking ‘2366a’ and inserting ‘2366b’; andCommentsClose CommentsPermalink
(B) in section 816--CommentsClose CommentsPermalink
(i) in subsection (a)(2) by striking ‘2366a’ and inserting ‘2366b’;CommentsClose CommentsPermalink
(ii) in subsection (a)(3) by striking ‘2366b of title 10, United States Code, as added by section 943 of this Act’ and inserting ‘2366a of title 10, United States Code’; andCommentsClose CommentsPermalink
(iii) in subsection (c)(2) by striking ‘2366a’ each place such term appears (including in the paragraph heading) and inserting ‘2366b’.CommentsClose CommentsPermalink
(3) JOHN WARNER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2007- The John Warner National Defense Authorization Act for Fiscal Year 2007 (
(e) Additional Technical Amendments-CommentsClose CommentsPermalink
(1)
(A) in paragraphs (1), (2), and (4) of subsection (a), by striking ‘system’ each place it appears and inserting ‘program’;CommentsClose CommentsPermalink
(B) in paragraph (3) of subsection (a)--CommentsClose CommentsPermalink
(i) by striking ‘if the system’ and inserting ‘if the program’; andCommentsClose CommentsPermalink
(ii) by striking ‘such system’ and inserting ‘such program’;CommentsClose CommentsPermalink
(C) in subsection (b)--CommentsClose CommentsPermalink
(i) by striking ‘major system’ and inserting ‘major defense acquisition program’; andCommentsClose CommentsPermalink
(ii) by striking ‘the system’ each place it appears and inserting ‘the program’; andCommentsClose CommentsPermalink
(D) in paragraph (1) of subsection (c)--CommentsClose CommentsPermalink
(i) by striking ‘major system’ and inserting ‘major defense acquisition program’; andCommentsClose CommentsPermalink
(ii) by striking ‘2302(5)’ and inserting ‘2430’.CommentsClose CommentsPermalink
(2) Section 943 of the National Defense Authorization Act for Fiscal Year 2008 (
(A) in subsection (b), by striking ‘major weapon system’ and inserting ‘major defense acquisition program’; andCommentsClose CommentsPermalink
(B) in subsection (c)--CommentsClose CommentsPermalink
(i) by striking ‘major systems’ and inserting ‘major defense acquisition programs’; andCommentsClose CommentsPermalink
(ii) by adding at the end the following: ‘In the case of the certification required by paragraph (2) of subsection (a) of such section, during the period prior to the completion of the first quadrennial roles and missions review required by
SEC. 814. CONFIGURATION STEERING BOARDS FOR COST CONTROL UNDER MAJOR DEFENSE ACQUISITION PROGRAMS.CommentsClose CommentsPermalink
(a) Configuration Steering Boards- Each Secretary of a military department shall establish one or more boards (to be known as a ‘Configuration Steering Board’) for the major defense acquisition programs of such department.CommentsClose CommentsPermalink
(b) Composition-CommentsClose CommentsPermalink
(1) CHAIR- Each Configuration Steering Board under this section shall be chaired by the service acquisition executive of the military department concerned.CommentsClose CommentsPermalink
(2) PARTICULAR MEMBERS- Each Configuration Steering Board under this section shall include a representative of the following:CommentsClose CommentsPermalink
(A) The Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics.CommentsClose CommentsPermalink
(B) The Chief of Staff of the Armed Force concerned.CommentsClose CommentsPermalink
(C) Other Armed Forces, as appropriate.CommentsClose CommentsPermalink
(D) The Joint Staff.CommentsClose CommentsPermalink
(E) The Comptroller of the military department concerned.CommentsClose CommentsPermalink
(F) The military deputy to the service acquisition executive concerned.CommentsClose CommentsPermalink
(G) The program executive officer for the major defense acquisition program concerned.CommentsClose CommentsPermalink
(H) Other senior representatives of the Office of the Secretary of Defense and the military department concerned, as appropriate.CommentsClose CommentsPermalink
(c) Responsibilities-CommentsClose CommentsPermalink
(1) IN GENERAL- The Configuration Steering Board for a major defense acquisition program under this section shall be responsible for the following:CommentsClose CommentsPermalink
(A) Preventing unnecessary changes to program requirements and system configuration that could have an adverse impact on program cost or schedule.CommentsClose CommentsPermalink
(B) Mitigating the adverse cost and schedule impact of any changes to program requirements or system configuration that may be required.CommentsClose CommentsPermalink
(C) Ensuring that the program delivers as much planned capability as possible, at or below the relevant program baseline.CommentsClose CommentsPermalink
(2) DISCHARGE OF RESPONSIBILITIES- In discharging its responsibilities under this section with respect to a major defense acquisition program, a Configuration Steering Board shall--CommentsClose CommentsPermalink
(A) review and approve or disapprove any proposed changes to program requirements or system configuration that have the potential to adversely impact program cost or schedule; andCommentsClose CommentsPermalink
(B) review and recommend proposals to reduce program requirements that have the potential to improve program cost or schedule in a manner consistent with program objectives.CommentsClose CommentsPermalink
(3) PRESENTATION OF RECOMMENDATIONS ON REDUCTION IN REQUIREMENTS- Any recommendation for a proposed reduction in requirements that is made by a Configuration Steering Board under paragraph (2)(B) shall be presented to appropriate organizations of the Joint Staff and the military departments responsible for such requirements for review and approval in accordance with applicable procedures.CommentsClose CommentsPermalink
(4) ANNUAL CONSIDERATION OF EACH MAJOR DEFENSE ACQUISITION PROGRAM- The Secretary of the military department concerned shall ensure that a Configuration Steering Board under this section meets to consider each major defense acquisition program of such military department at least once each year.CommentsClose CommentsPermalink
(5) CERTIFICATION OF COST AND SCHEDULE DEVIATIONS DURING SYSTEM DESIGN AND DEVELOPMENT- For a major defense acquisition program that received an initial Milestone B approval during fiscal year 2008, a Configuration Steering Board may not approve any proposed alteration to program requirements or system configuration if such an alteration would--CommentsClose CommentsPermalink
(A) increase the cost (including any increase for expected inflation or currency exchange rates) for system development and demonstration by more than 25 percent; orCommentsClose CommentsPermalink
(B) extend the schedule for key events by more than 15 percent of the total number of months between the award of the system development and demonstration contract and the scheduled Milestone C approval date,CommentsClose CommentsPermalink
unless the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies to the congressional defense committees, and includes in the certification supporting rationale, that approving such alteration to program requirements or system configuration is in the best interest of the Department of Defense despite the cost and schedule impacts to system development and demonstration of such program.CommentsClose CommentsPermalink
(d) Applicability-CommentsClose CommentsPermalink
(1) IN GENERAL- The requirements of this section shall apply with respect to any major defense acquisition program that is commenced before, on, or after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) CURRENT PROGRAMS- In the case of any major defense acquisition program that is ongoing as of the date of the enactment of this Act, a Configuration Steering Board under this section shall be established for such program not later than 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(e) Guidance on Authorities of Program Managers After Milestone B-CommentsClose CommentsPermalink
(1) MODIFICATION OF GUIDANCE ON AUTHORITIES- Paragraph (2) of section 853(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
‘(2) authorities available to the program manager, including--CommentsClose CommentsPermalink
‘(A) the authority to object to the addition of new program requirements that would be inconsistent with the parameters established at Milestone B (or Key Decision Point B in the case of a space program) and reflected in the performance agreement, unless such requirements are approved by the appropriate Configuration Steering Board; andCommentsClose CommentsPermalink
‘(B) the authority to recommend to the appropriate Configuration Steering Board reduced program requirements that have the potential to improve program cost or schedule in a manner consistent with program objectives; and’.CommentsClose CommentsPermalink
(2) APPLICABILITY- The Secretary of Defense shall modify the guidance described in section 853(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 in order to take into account the amendment made by paragraph (1) not later than 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(f) Major Defense Acquisition Program Defined- In this section, the term ‘major defense acquisition program’ has the meaning given that term in
SEC. 815. PRESERVATION OF TOOLING FOR MAJOR DEFENSE ACQUISITION PROGRAMS.CommentsClose CommentsPermalink
(a) Guidance Required- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance requiring the preservation and storage of unique tooling associated with the production of hardware for a major defense acquisition program through the end of the service life of the end item associated with such a program. Such guidance shall--CommentsClose CommentsPermalink
(1) require that the milestone decision authority approve a plan, including the identification of any contract clauses, facilities, and funding required, for the preservation and storage of such tooling prior to Milestone C approval;CommentsClose CommentsPermalink
(2) require that the milestone decision authority periodically review the plan required by paragraph (1) prior to the end of the service life of the end item, to ensure that the preservation and storage of such tooling remains adequate and in the best interest of the Department of Defense;CommentsClose CommentsPermalink
(3) provide a mechanism for the Secretary to waive the requirement for preservation and storage of unique production tooling, or any category of unique production tooling, if the Secretary--CommentsClose CommentsPermalink
(A) makes a written determination that such a waiver is in the best interest of the Department of Defense; andCommentsClose CommentsPermalink
(B) notifies the congressional defense committees of the waiver upon making such determination; andCommentsClose CommentsPermalink
(4) provide such criteria as necessary to guide a determination made pursuant to paragraph (3)(A).CommentsClose CommentsPermalink
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) MAJOR DEFENSE ACQUISITION PROGRAM- The term ‘major defense acquisition program’ has the meaning provided in
(2) MILESTONE DECISION AUTHORITY- The term ‘milestone decision authority’ has the meaning provided in section 2366a(f)(2) of such title.CommentsClose CommentsPermalink
(3) MILESTONE C APPROVAL- The term ‘Milestone C approval’ has the meaning provided in section 2366(e)(8) of such title.CommentsClose CommentsPermalink
Subtitle C--Amendments to General Contracting Authorities, Procedures, and LimitationsCommentsClose CommentsPermalink
SEC. 821. DEFINITION OF SYSTEM FOR DEFENSE ACQUISITION CHALLENGE PROGRAM.CommentsClose CommentsPermalink
‘(l) System Defined- In this section, the term ‘system’--CommentsClose CommentsPermalink
‘(1) means--CommentsClose CommentsPermalink
‘(A) the organization of hardware, software, material, facilities, personnel, data, and services needed to perform a designated function with specified results (such as the gathering of specified data, its processing, and its delivery to users); orCommentsClose CommentsPermalink
‘(B) a combination of two or more interrelated pieces (or sets) of equipment arranged in a functional package to perform an operational function or to satisfy a requirement; andCommentsClose CommentsPermalink
‘(2) includes a major system (as defined in section 2302(5) of this title).’.CommentsClose CommentsPermalink
SEC. 822. TECHNICAL DATA RIGHTS.CommentsClose CommentsPermalink
(a) Policy Guidance- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall issue policy guidance with respect to rights in technical data under a non-FAR agreement. The guidance shall--CommentsClose CommentsPermalink
(1) establish criteria for defining the legitimate interests of the United States and the party concerned in technical data pertaining to an item or process to be developed under the agreement;CommentsClose CommentsPermalink
(2) require that specific rights in technical data be established during agreement negotiations and be based upon negotiations between the United States and the potential party to the agreement, except in any case in which the Secretary of Defense determines, on the basis of criteria established in such policy guidance, that the establishment of rights during or through agreement negotiations would not be practicable; andCommentsClose CommentsPermalink
(3) require the program manager for a major weapon system or an item of personnel protective equipment that is to be developed using a non-FAR agreement to assess the long-term technical data needs of such system or item.CommentsClose CommentsPermalink
(b) Requirement to Include Provisions in Non-FAR Agreements- A non-FAR agreement shall contain appropriate provisions relating to rights in technical data consistent with the policy guidance issued pursuant to subsection (a).CommentsClose CommentsPermalink
(c) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term ‘non-FAR agreement’ means an agreement that is not subject to laws pursuant to which the Federal Acquisition Regulation is prescribed, including--CommentsClose CommentsPermalink
(A) a transaction authorized under section 2371 of this title; andCommentsClose CommentsPermalink
(B) a cooperative research and development agreement.CommentsClose CommentsPermalink
(2) The term ‘party’, with respect to a non-FAR agreement, means a non-Federal entity and includes any of the following:CommentsClose CommentsPermalink
(A) A contractor and its subcontractors (at any tier).CommentsClose CommentsPermalink
(B) A joint venture.CommentsClose CommentsPermalink
(C) A consortium.CommentsClose CommentsPermalink
(d) Report on Life Cycle Planning for Technical Data Needs- Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the requirements in
(1) a description of all relevant guidance or policies issued;CommentsClose CommentsPermalink
(2) a description of the extent to which program managers have received training to better assess the long-term technical data needs of major weapon systems and subsystems; andCommentsClose CommentsPermalink
(3) a description of one or more examples, if any, where a priced contract option has been used on major weapon systems for the future delivery of technical data and one or more examples, if any, where all relevant technical data were acquired upon contract award.CommentsClose CommentsPermalink
SEC. 823. REVISION TO THE APPLICATION OF COST ACCOUNTING STANDARDS.CommentsClose CommentsPermalink
(a) Requirement for Review of Exemptions to the Cost Accounting Standards- The Cost Accounting Standards Board shall--CommentsClose CommentsPermalink
(1) review the inapplicability of the cost accounting standards, in accordance with existing exemptions, to any contract or subcontract that is executed and performed outside the United States when such a contract or subcontract is performed by a contractor that, but for the fact that the contract or subcontract is being executed and performed entirely outside the United States, would be required to comply with such standards; andCommentsClose CommentsPermalink
(2) determine whether the application of the standards to such a contract or subcontract (or any category of such contracts and subcontracts) would benefit the Government.CommentsClose CommentsPermalink
(b) Publication of Request for Information- The Cost Accounting Standards Board shall publish a request for information as part of the review required by subsection (a) and shall provide a copy of the request to the appropriate committees of Congress not less than five days before the publication of such request.CommentsClose CommentsPermalink
(c) Report to Congress Upon Completion of the Review- Not later than 270 days after the date of the enactment of this Act, the Cost Accounting Standards Board shall submit to the appropriate committees of Congress a report containing--CommentsClose CommentsPermalink
(1) any revision to the cost accounting standards proposed as a result of the review required by subsection (a) and a copy of any proposed rulemaking implementing the revision; orCommentsClose CommentsPermalink
(2) if no revision and rulemaking are proposed, a detailed justification for such decision.CommentsClose CommentsPermalink
(d) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term ‘appropriate committees of Congress’ means the Committees on Armed Services of the Senate and of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink
(2) The term ‘cost accounting standards’ means the standards promulgated under section 26 of the Office of Federal Procurement Policy Act (
(3) The term ‘Cost Accounting Standards Board’ means the Board established pursuant to section 26 of the Office of Federal Procurement Policy Act (
SEC. 824. MODIFICATION AND EXTENSION OF PILOT PROGRAM FOR TRANSITION TO FOLLOW-ON CONTRACTS UNDER AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.CommentsClose CommentsPermalink
(a) Expansion of Scope of Pilot Program- Paragraph (1) of section 845(e) of the National Defense Authorization Act for Fiscal Year 1994 (
(b) Two-Year Extension of Authority- Paragraph (4) of such section is amended by striking ‘September 30, 2008’ and inserting ‘September 30, 2010’.CommentsClose CommentsPermalink
SEC. 825. CLARIFICATION OF STATUS OF GOVERNMENT RIGHTS IN THE DESIGNS OF DEPARTMENT OF DEFENSE VESSELS, BOATS, CRAFT, AND COMPONENTS THEREOF.CommentsClose CommentsPermalink
(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, and craft, and components thereofCommentsClose CommentsPermalink
‘(a) In General- Government rights in the design of a vessel, boat, or craft, and its components, including the hull, decks, superstructure, and all shipboard equipment and systems, shall be determined solely as follows:CommentsClose CommentsPermalink
‘(1) In the case of a vessel, boat, craft, or component procured through a contract, in accordance with the provisions of section 2320 of this title.CommentsClose CommentsPermalink
‘(2) In the case of a vessel, boat, craft, or component procured through an instrument not governed by section 2320 of this title, by the terms of the instrument (other than a contract) under which the design for such vessel, boat, craft, or component, as applicable, was developed for the Government.CommentsClose CommentsPermalink
‘(b) Construction of Superseding Authorities- This section may be modified or superseded by a provision of statute only if such provision expressly refers to this section in modifying or superseding this section.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 633 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘7317. Status of Government rights in the designs of vessels, boats, and craft, and components thereof’.CommentsClose CommentsPermalink
Subtitle D--Provisions Relating to Acquisition Workforce and Inherently Governmental FunctionsCommentsClose CommentsPermalink
SEC. 831. DEVELOPMENT OF GUIDANCE ON PERSONAL SERVICES CONTRACTS.CommentsClose CommentsPermalink
(a) Guidance Required- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall develop guidance related to personal services contracts to--CommentsClose CommentsPermalink
(1) require a clear distinction between employees of the Department of Defense and employees of Department of Defense contractors;CommentsClose CommentsPermalink
(2) provide appropriate safeguards with respect to when, where, and to what extent the Secretary may enter into a contract for the procurement of personal services; andCommentsClose CommentsPermalink
(3) assess and take steps to mitigate the risk that, as implemented and administered, non-personal services contracts may become personal services contracts.CommentsClose CommentsPermalink
(b) Definition of Personal Services Contract- In this section, the term ‘personal services contract’ has the meaning given that term in
SEC. 832. SENSE OF CONGRESS ON PERFORMANCE BY PRIVATE SECURITY CONTRACTORS OF CERTAIN FUNCTIONS IN AN AREA OF COMBAT OPERATIONS.CommentsClose CommentsPermalink
It is the sense of Congress that--CommentsClose CommentsPermalink
(1) security operations for the protection of resources (including people, information, equipment, and supplies) in uncontrolled or unpredictable high-threat environments should ordinarily be performed by members of the Armed Forces if they will be performed in highly hazardous public areas where the risks are uncertain and could reasonably be expected to require deadly force that is more likely to be initiated by personnel performing such security operations than to occur in self-defense;CommentsClose CommentsPermalink
(2) it should be in the sole discretion of the commander of the relevant combatant command to determine whether or not the performance by a private security contractor under a contract awarded by any Federal agency of a particular activity, a series of activities, or activities in a particular location, within a designated area of combat operations is appropriate and such a determination should not be delegated to any person who is not in the military chain of command;CommentsClose CommentsPermalink
(3) the Secretaries of the military departments and the Chiefs of Staff of the Armed Forces should ensure that the United States Armed Forces have appropriate numbers of trained personnel to perform the functions described in paragraph (1) without the need to rely upon private security contractors; andCommentsClose CommentsPermalink
(4) the regulations issued by the Secretary of Defense pursuant to section 862(a) of the National Defense Authorization Act for Fiscal Year 2008 (
SEC. 833. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.CommentsClose CommentsPermalink
‘(h) Expedited Hiring Authority-CommentsClose CommentsPermalink
‘(1) For purposes of sections 3304, 5333, and 5753 of title 5, United States Code, the Secretary of Defense may--CommentsClose CommentsPermalink
‘(A) designate any category of acquisition positions within the Department of Defense as shortage category positions; andCommentsClose CommentsPermalink
‘(B) utilize the authorities in such sections to recruit and appoint highly qualified persons directly to positions so designated.CommentsClose CommentsPermalink
‘(2) The Secretary may not appoint a person to a position of employment under this subsection after September 30, 2012.’.CommentsClose CommentsPermalink
SEC. 834. CAREER PATH AND OTHER REQUIREMENTS FOR MILITARY PERSONNEL IN THE ACQUISITION FIELD.CommentsClose CommentsPermalink
(a) Acquisition Personnel Requirements-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 87 of title 10, United States Code, is amended by inserting after section 1722 the following new section:CommentsClose CommentsPermalink
‘Sec. 1722a. Special requirements for military personnel in the acquisition fieldCommentsClose CommentsPermalink
‘(a) Requirement for Policy and Guidance Regarding Military Personnel in Acquisition- The Secretary of Defense shall require the Secretary of each military department (with respect to such military department) and the Under Secretary of Defense for Acquisition, Technology, and Logistics (with respect to the Office of the Secretary of Defense, the unified combatant commands, the Defense Agencies, and the Defense Field Activities) to establish policies and issue guidance to ensure the proper development, assignment, and employment of members of the armed forces in the acquisition field to achieve the objectives of this section as specified in subsection (b).CommentsClose CommentsPermalink
‘(b) Objectives- Policies established and guidance issued pursuant to subsection (a) shall ensure, at a minimum, the following:CommentsClose CommentsPermalink
‘(1) A career path in the acquisition field that attracts the highest quality officers and enlisted personnel.CommentsClose CommentsPermalink
‘(2) A number of command positions and senior noncommissioned officer positions, including acquisition billets reserved for general officers and flag officers under subsection (c), sufficient to ensure that members of the armed forces have opportunities for promotion and advancement in the acquisition field.CommentsClose CommentsPermalink
‘(3) A number of qualified, trained members of the armed forces eligible for and active in the acquisition field sufficient to ensure the optimum management of the acquisition functions of the Department of Defense and the appropriate use of military personnel in contingency contracting.CommentsClose CommentsPermalink
‘(c) Reservation of Acquisition Billets for General Officers and Flag Officers- (1) The Secretary of Defense shall--CommentsClose CommentsPermalink
‘(A) establish for each military department a sufficient number of billets coded or classified for acquisition personnel that are reserved for general officers and flag officers that are needed for the purpose of ensuring the optimum management of the acquisition functions of the Department of Defense; andCommentsClose CommentsPermalink
‘(B) ensure that the policies established and guidance issued pursuant to subsection (a) by the Secretary of each military department reserve at least that minimum number of billets and fill the billets with qualified and trained general officers and flag officers who have significant acquisition experience.CommentsClose CommentsPermalink
‘(2) The Secretary of Defense shall ensure--CommentsClose CommentsPermalink
‘(A) a sufficient number of billets for acquisition personnel who are general officers or flag officers exist within the Office of the Secretary of Defense, the unified combatant commands, the Defense Agencies, and the Defense Field Activities to ensure the optimum management of the acquisition functions of the Department of Defense; andCommentsClose CommentsPermalink
‘(B) that the policies established and guidance issued pursuant to subsection (a) by the Secretary reserve within the Office of the Secretary of Defense, the unified combatant commands, the Defense Agencies, and the Defense Field Activities at least that minimum number of billets and fill the billets with qualified and trained general officers and flag officers who have significant acquisition experience.CommentsClose CommentsPermalink
‘(3) The Secretary of Defense shall ensure that a portion of the billets referred to in paragraphs (1) and (2) involve command of organizations primarily focused on contracting and are reserved for general officers and flag officers who have significant contracting experience.CommentsClose CommentsPermalink
‘(d) Relationship to Limitation on Preference for Military Personnel- Any designation or reservation of a position for a member of the armed forces as a result of a policy established or guidance issued pursuant to this section shall be deemed to meet the requirements for an exception under paragraph (2) of section 1722(b) of this title from the limitation in paragraph (1) of such section.CommentsClose CommentsPermalink
‘(e) Report- Not later than January 1 of each year, the Secretary of each military department shall submit to the Under Secretary of Defense for Acquisition, Technology, and Logistics a report describing how the Secretary fulfilled the objectives of this section in the preceding calendar year. The report shall include information on the reservation of acquisition billets for general officers and flag officers within the department concerned.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 87 of such title is amended by inserting after the item relating to section 1722 the following new item:CommentsClose CommentsPermalink
‘1722a. Special requirements for military personnel in the acquisition field.’.CommentsClose CommentsPermalink
(b) Additional Item in Strategic Plan- Section 543(f)(3)(E) of the National Defense Authorization Act for Fiscal Year 2008 (
; 122 Stat 116) is amended by inserting after ‘officer assignments and grade requirements’ the following: ‘, including requirements relating to the reservation of billets in the acquisition field for general and flag officers,’.CommentsClose CommentsPermalink Public Law 110-181 (c) Annual Report Required- Not later than 270 days after the date of the enactment of this Act, and not later than March 1 of 2010, 2011, and 2012, the Secretary of Defense shall submit to the congressional defense committees a report on--CommentsClose CommentsPermalink
(1) the number acquisition and contracting billets in each of the Armed Forces and joint activities that are reserved for general officers and flag officers; andCommentsClose CommentsPermalink
(2) the extent to which these billets have been filled by general officers and flag officers with significant acquisition experience and significant contracting experience, as applicable.CommentsClose CommentsPermalink
Subtitle E--Department of Defense Contractor MattersCommentsClose CommentsPermalink
SEC. 841. ETHICS SAFEGUARDS RELATED TO CONTRACTOR CONFLICTS OF INTEREST.CommentsClose CommentsPermalink
(a) Policy on Personal Conflicts of Interest by Employees of Federal Government Contractors- Not later than 270 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall develop and issue a standard policy to prevent personal conflicts of interest by contractor employees performing acquisition functions closely associated with inherently governmental functions (including the development, award, and administration of Government contracts) for or on behalf of a Federal agency or department.CommentsClose CommentsPermalink
(1) ELEMENTS OF POLICY- The policy required under subsection (a) shall--CommentsClose CommentsPermalink
(A) provide a definition of the term ‘personal conflict of interest’ as it relates to contractor employees performing acquisition functions closely associated with inherently governmental functions; andCommentsClose CommentsPermalink
(B) require each contractor whose employees perform acquisition functions closely associated with inherently governmental functions to--CommentsClose CommentsPermalink
(i) identify and prevent personal conflicts of interest for employees of the contractor who are performing such functions;CommentsClose CommentsPermalink
(ii) prohibit contractor employees who have access to non-public government information obtained while performing such functions from using such information for personal gain;CommentsClose CommentsPermalink
(iii) report any personal conflict-of-interest violation by such an employee to the applicable contracting officer or contracting officer’s representative as soon as it is identified;CommentsClose CommentsPermalink
(iv) maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;CommentsClose CommentsPermalink
(v) have procedures in place to screen for potential conflicts of interest for all employees performing such functions; andCommentsClose CommentsPermalink
(vi) take appropriate disciplinary action in the case of employees who fail to comply with policies established pursuant to this section.CommentsClose CommentsPermalink
(2) CONTRACT CLAUSE-CommentsClose CommentsPermalink
(A) The Administrator shall develop a personal conflicts-of-interest clause or a set of clauses for inclusion in solicitations and contracts (and task or delivery orders) for the performance of acquisition functions closely associated with inherently governmental functions that sets forth the personal conflicts-of-interest policy developed under this subsection and that sets forth the contractor’s responsibilities under such policy.CommentsClose CommentsPermalink
(B) Subparagraph (A) shall take effect 300 days after the date of the enactment of this Act and shall apply to--CommentsClose CommentsPermalink
(i) contracts entered into on or after that effective date; andCommentsClose CommentsPermalink
(ii) task or delivery orders awarded on or after that effective date, regardless of whether the contracts pursuant to which such task or delivery orders are awarded are entered before, on, or after the date of the enactment of this Act.CommentsClose CommentsPermalink
(3) APPLICABILITY-CommentsClose CommentsPermalink
(A) Except as provided in subparagraph (B), this subsection shall apply to any contract for an amount in excess of the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (
(B) If only a portion of a contract described in subparagraph (A) is for the performance of acquisition functions described in that subparagraph, then this subsection applies only to that portion of the contract.CommentsClose CommentsPermalink
(b) Review of Federal Acquisition Regulation Relating to Conflicts of Interest-CommentsClose CommentsPermalink
(1) REVIEW- Not later than 12 months after the date of the enactment of this Act, the Administrator for Federal Procurement Policy, in consultation with the Director of the Office of Government Ethics, shall review the Federal Acquisition Regulation to--CommentsClose CommentsPermalink
(A) identify contracting methods, types and services that raise heightened concerns for potential personal and organizational conflicts of interest; andCommentsClose CommentsPermalink
(B) determine whether revisions to the Federal Acquisition Regulation are necessary to--CommentsClose CommentsPermalink
(i) address personal conflicts of interest by contractor employees with respect to functions other than those described in subsection (a); orCommentsClose CommentsPermalink
(ii) achieve sufficiently rigorous, comprehensive, and uniform government-wide policies to prevent and mitigate organizational conflicts of interest in Federal contracting.CommentsClose CommentsPermalink
(2) REGULATORY REVISIONS- If the Administrator determines pursuant to the review under paragraph (1)(B) that revisions to the Federal Acquisition Regulation are necessary, the Administrator shall work with the Federal Acquisition Regulatory Council to prescribe appropriate revisions to the regulations, including the development of appropriate contract clauses.CommentsClose CommentsPermalink
(3) REPORT- Not later than March 1, 2010, the Administrator shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Homeland Security and Governmental Affairs in the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report setting forth such findings and determinations under subparagraphs (A) and (B) of paragraph (1), together with an assessment of any revisions to the Federal Acquisition Regulation that may be necessary.CommentsClose CommentsPermalink
(c) Best Practices- The Administrator for Federal Procurement Policy shall, in consultation with the Director of the Office Government Ethics, develop and maintain a repository of best practices relating to the prevention and mitigation of organizational and personal conflicts of interest in Federal contracting.CommentsClose CommentsPermalink
SEC. 842. INFORMATION FOR DEPARTMENT OF DEFENSE CONTRACTOR EMPLOYEES ON THEIR WHISTLEBLOWER RIGHTS.CommentsClose CommentsPermalink
(a) In General- The Secretary of Defense shall ensure that contractors of the Department of Defense inform their employees in writing of employee whistleblower rights and protections under
(b) Contractor Defined- In this section, the term ‘contractor’ has the meaning given that term in
SEC. 843. REQUIREMENT FOR DEPARTMENT OF DEFENSE TO ADOPT AN ACQUISITION STRATEGY FOR DEFENSE BASE ACT INSURANCE.CommentsClose CommentsPermalink
(a) In General- The Secretary of Defense shall adopt an acquisition strategy for insurance required by the Defense Base Act (
(b) Criteria- The Secretary shall ensure that the acquisition strategy adopted pursuant to subsection (a) addresses the following criteria:CommentsClose CommentsPermalink
(1) Minimize overhead costs associated with obtaining such insurance, such as direct or indirect costs for contract management and contract administration.CommentsClose CommentsPermalink
(2) Minimize costs for coverage of such insurance consistent with realistic assumptions regarding the likelihood of incurred claims by contractors of the Department.CommentsClose CommentsPermalink
(3) Provide for a correlation of premiums paid in relation to claims incurred that is modeled on best practices in government and industry for similar kinds of insurance.CommentsClose CommentsPermalink
(4) Provide for a low level of risk to the Department.CommentsClose CommentsPermalink
(5) Provide for a competitive marketplace for insurance required by the Defense Base Act to the maximum extent practicable.CommentsClose CommentsPermalink
(c) Options- In adopting the acquisition strategy pursuant to subsection (a), the Secretary shall consider such options (including entering into a single Defense Base Act insurance contract) as the Secretary deems to best satisfy the criteria identified under subsection (b).CommentsClose CommentsPermalink
(d) Report- (1) Not later than 270 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report on the acquisition strategy adopted pursuant to subsection (a).CommentsClose CommentsPermalink
(2) The report shall include a discussion of each of the options considered pursuant to subsection (c) and the extent to which each option addresses the criteria identified under subsection (b), and shall include a plan to implement within 18 months after the date of enactment of this Act the acquisition strategy adopted by the Secretary.CommentsClose CommentsPermalink
(e) Review of Acquisition Strategy- As considered appropriate by the Secretary, but not less often than once every 3 years, the Secretary shall review and, as necessary, update the acquisition strategy adopted pursuant to subsection (a) to ensure that it best addresses the criteria identified under subsection (b).CommentsClose CommentsPermalink
SEC. 844. REPORT ON USE OF OFF-SHORE SUBSIDIARIES BY DEFENSE CONTRACTORS.CommentsClose CommentsPermalink
(a) Report Required- Not later than one year after the date of the enactment of this Act, the Comptroller General shall provide a report to the Committees on Armed Services of the Senate and the House of Representatives on the use of off-shore subsidiaries by contractors of the Department of Defense.CommentsClose CommentsPermalink
(b) Matters Covered- The report shall comprehensively examine the rationale, implications, and costs and benefits for both the contractor and the Department of Defense in using off-shore subsidiaries, particularly in respect to--CommentsClose CommentsPermalink
(1) tax liability (including corporate income taxes and payroll taxes);CommentsClose CommentsPermalink
(2) legal liability;CommentsClose CommentsPermalink
(3) compliance with cost accounting standards;CommentsClose CommentsPermalink
(4) efficiency in contract performance;CommentsClose CommentsPermalink
(5) contract management and contract oversight; andCommentsClose CommentsPermalink
(6) such other areas as the Comptroller General determines appropriate.CommentsClose CommentsPermalink
SEC. 845. DEFENSE INDUSTRIAL SECURITY.CommentsClose CommentsPermalink
(a) Defense Industrial Security-CommentsClose CommentsPermalink
(1) IN GENERAL- Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
-‘Sec. 438. Defense industrial securityCommentsClose CommentsPermalink
‘(a) Responsibility for Defense Industrial Security- The Secretary of Defense shall be responsible for the protection of classified information disclosed to contractors of the Department of Defense.CommentsClose CommentsPermalink
‘(b) Consistency With Executive Orders and Directives- The Secretary shall carry out the responsibility assigned under subsection (a) in a manner consistent with Executive Order 12829 (or any successor order to such executive order) and consistent with policies relating to the National Industrial Security Program (or any successor to such program).CommentsClose CommentsPermalink
‘(c) Performance of Industrial Security Functions for Other Agencies- The Secretary may perform industrial security functions for other agencies of the Federal government upon request or upon designation of the Department of Defense as executive agent for the National Industrial Security Program (or any successor to such program).CommentsClose CommentsPermalink
‘(d) Regulations and Policy Guidance- The Secretary shall prescribe, and from time to time revise, such regulations and policy guidance as are necessary to ensure the protection of classified information disclosed to contractors of the Department of Defense.CommentsClose CommentsPermalink
‘(e) Dedication of Resources- The Secretary shall ensure that sufficient resources are provided to staff, train, and support such personnel as are necessary to fully protect classified information disclosed to contractors of the Department of Defense.CommentsClose CommentsPermalink
‘(f) Biennial Report- The Secretary shall report biennially to the congressional defense committees on expenditures and activities of the Department of Defense in carrying out the requirements of this section. The Secretary shall submit the report at or about the same time that the President’s budget is submitted pursuant to
, in odd numbered years. The report shall be in an unclassified form (with a classified annex if necessary) and shall cover the activities of the Department of Defense in the preceding two fiscal years, including the following:CommentsClose CommentsPermalink section 1105(a) of title 31, United States Code
‘(1) The workforce responsible for carrying out the requirements of this section, including the number and experience of such workforce; training in the performance of industrial security functions; performance metrics; and resulting assessment of overall quality.CommentsClose CommentsPermalink
‘(2) A description of funds authorized, appropriated, or reprogrammed to carry out the requirements of this section, the budget execution of such funds, and the adequacy of budgets provided for performing such purpose.CommentsClose CommentsPermalink
‘(3) Statistics on the number of contractors handling classified information of the Department of Defense, and the percentage of such contractors who are subject to foreign ownership, control, or influence.CommentsClose CommentsPermalink
‘(4) Statistics on the number of violations identified, enforcement actions taken, and the percentage of such violations occurring at facilities of contractors subject to foreign ownership, control, or influence.CommentsClose CommentsPermalink
‘(5) An assessment of whether major contractors implementing the program have adequate enforcement programs and have trained their employees adequately in the requirements of the program.CommentsClose CommentsPermalink
‘(6) Trend data on attempts to compromise classified information disclosed to contractors of the Department of Defense to the extent that such data are available.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘438. Defense industrial security.’.CommentsClose CommentsPermalink
(b) Submission of First Biennial Report- Notwithstanding the deadline in subsection (f) of
, as added by this section, the first biennial report submitted after the date of the enactment of this Act pursuant to such subsection shall be submitted not later than September 1, 2009, and shall address the period from the date of the enactment of this Act to the issuance of such report.CommentsClose CommentsPermalink section 438 of title 10, United States Code (c) Report on Improving Industrial Security- Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on improving industrial security, including, at a minimum, the following:CommentsClose CommentsPermalink
(1) The actions taken or actions planned to implement the recommendations of the Comptroller General as embodied in the report entitled ‘Industrial Security: DOD Cannot Ensure Its Oversight of Contractors Under Foreign Influence Is Sufficient’ (GAO-05-681; July 2005).CommentsClose CommentsPermalink
(2) Other actions taken or action planned to improve industrial security.CommentsClose CommentsPermalink
(3) An analysis of the impact of emerging financial arrangements such as sovereign wealth funds, hedge funds, and other new financial debt and credit arrangements on the Department’s ability to identify and mitigate foreign ownership, control, or influence.CommentsClose CommentsPermalink
(4) Any recommendations of the Secretary for modifying regulations and policy guidance prescribed pursuant to
, or other regulations or policy guidance addressing industrial security, to extend best practices for industrial security across the broadest possible range of defense contractors, and to improve industrial security generally.CommentsClose CommentsPermalink section 438(d) of title 10, United States Code
Subtitle F--Matters Relating to Iraq and AfghanistanCommentsClose CommentsPermalink
SEC. 851. CLARIFICATION AND MODIFICATION OF AUTHORITIES RELATING TO THE COMMISSION ON WARTIME CONTRACTING IN IRAQ AND AFGHANISTAN.CommentsClose CommentsPermalink
(a) Nature of Commission- Subsection (a) of section 841 of the National Defense Authorization Act for Fiscal Year 2008 (
(b) Pay and Annuities of Members and Staff on Federal Reemployment- Subsection (e) of such is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(8) PAY AND ANNUITIES OF MEMBERS AND STAFF ON FEDERAL REEMPLOYMENT- If warranted by circumstances described in subparagraph (A) or (B) of
, or by circumstances described in subparagraph (A) or (B) of section 8468(f)(1) of such title, as applicable, a co-chairman of the Commission may exercise, with respect to the members and staff of the Commission, the same waiver authority as would be available to the Director of the Office of Personnel Management under such section.’.CommentsClose CommentsPermalink section 8344(i)(1) of title 5, United States Code
(c) Effective Date-CommentsClose CommentsPermalink
(1) NATURE OF COMMISSION- The amendment made by subsection (a) shall take effect as of January 28, 2008, as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2008.CommentsClose CommentsPermalink
(2) PAY AND ANNUITIES- The amendment made by subsection (b) shall apply to members and staff of the Commission on Wartime Contracting in Iraq and Afghanistan appointed or employed, as the case may be, on or after that date.CommentsClose CommentsPermalink
SEC. 852. COMPREHENSIVE AUDIT OF SPARE PARTS PURCHASES AND DEPOT OVERHAUL AND MAINTENANCE OF EQUIPMENT FOR OPERATIONS IN IRAQ AND AFGHANISTAN.CommentsClose CommentsPermalink
(a) Audits Required- The Army Audit Agency, the Navy Audit Service, and the Air Force Audit Agency shall each conduct thorough audits to identify potential waste, fraud, and abuse in the performance of the following:CommentsClose CommentsPermalink
(1) Department of Defense contracts, subcontracts, and task and delivery orders for--CommentsClose CommentsPermalink
(A) depot overhaul and maintenance of equipment for the military in Iraq and Afghanistan; andCommentsClose CommentsPermalink
(B) spare parts for military equipment used in Iraq and Afghanistan; andCommentsClose CommentsPermalink
(2) Department of Defense in-house overhaul and maintenance of military equipment used in Iraq and Afghanistan.CommentsClose CommentsPermalink
(b) Comprehensive Audit Plan-CommentsClose CommentsPermalink
(1) PLANS- The Army Audit Agency, the Navy Audit Service, and the Air Force Audit Agency shall, in coordination with the Inspector General of the Department of Defense, develop a comprehensive plan for a series of audits to discharge the requirements of subsection (a).CommentsClose CommentsPermalink
(2) INCORPORATION INTO REQUIRED AUDIT PLAN- The plan developed under paragraph (1) shall be submitted to the Inspector General of the Department of Defense for incorporation into the audit plan required by section 842(b)(1) of the National Defense Authorization Act for Fiscal Year 2008 (
(c) Independent Conduct of Audit Functions- All audit functions performed under this section, including audit planning and coordination, shall be performed in an independent manner.CommentsClose CommentsPermalink
(d) Availability of Results- All audit reports resulting from audits under this section shall be made available to the Commission on Wartime Contracting in Iraq and Afghanistan established pursuant to section 841 of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 230).CommentsClose CommentsPermalink
(e) Construction- Nothing in this section shall be construed to require any agency of the Federal Government to duplicate audit work that an agency of the Federal Government has already performed.CommentsClose CommentsPermalink
SEC. 853. ADDITIONAL MATTERS REQUIRED TO BE REPORTED BY CONTRACTORS PERFORMING SECURITY FUNCTIONS IN AREAS OF COMBAT OPERATIONS.CommentsClose CommentsPermalink
Section 862 of the National Defense Authorization Act for Fiscal Year 2008 (
(1) in subsection (a)(2)(D)--CommentsClose CommentsPermalink
(A) by striking ‘or’ at the end of clause (ii); andCommentsClose CommentsPermalink
(B) by inserting after clause (iii) the following new clauses:CommentsClose CommentsPermalink
‘(iv) a weapon is discharged against personnel performing private security functions in an area of combat operations or personnel performing such functions believe a weapon was so discharged; orCommentsClose CommentsPermalink
‘(v) active, non-lethal countermeasures (other than the discharge of a weapon) are employed by the personnel performing private security functions in an area of combat operations in response to a perceived immediate threat to such personnel;’; andCommentsClose CommentsPermalink
(2) in subsection (b)(2)(B) in the matter preceding clause (i)--CommentsClose CommentsPermalink
(A) by inserting ‘comply with and’ before ‘ensure’; andCommentsClose CommentsPermalink
(B) by striking ‘comply with--’ and inserting ‘act in accordance with--’.CommentsClose CommentsPermalink
SEC. 854. ADDITIONAL CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR PERSONNEL IN IRAQ AND AFGHANISTAN.CommentsClose CommentsPermalink
(a) In General- Section 861(b) of the National Defense Authorization Act for Fiscal Year 2008 (
‘(7) Mechanisms for ensuring that contractors are required to report offenses described in paragraph (6) that are alleged to have been committed by or against contractor personnel to appropriate investigative authorities.CommentsClose CommentsPermalink
‘(8) Responsibility for providing victim and witness protection and assistance to contractor personnel in connection with alleged offenses described in paragraph (6).CommentsClose CommentsPermalink
‘(9) Development of a requirement that a contractor shall provide to all contractor personnel who will perform work on a contract in Iraq or Afghanistan, before beginning such work, information on the following:CommentsClose CommentsPermalink
‘(A) How and where to report an alleged offense described in paragraph (6).CommentsClose CommentsPermalink
‘(B) Where to seek the assistance required by paragraph (8).’.CommentsClose CommentsPermalink
(b) Implementation-CommentsClose CommentsPermalink
(1) THROUGH MEMORANDUM OF UNDERSTANDING- The memorandum of understanding required by section 861(a) of the National Defense Authorization Act for Fiscal Year 2008 (
(2) AS CONDITION OF CURRENT AND FUTURE CONTRACTS- The requirements under the amendment made by subsection (a) shall be included in each contract in Iraq or Afghanistan (as defined in section 864(a)(2) of
(c) Reporting Requirement- Beginning not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall make publicly available a numerical accounting of alleged offenses described in section 861(b)(6) of
(d) Definitions- Section 864(a) of the National Defense Authorization Act for Fiscal Year 2008 (
(1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; andCommentsClose CommentsPermalink
(2) by inserting after paragraph (4) the following new paragraph:CommentsClose CommentsPermalink
‘(5) CONTRACTOR PERSONNEL- The term ‘contractor personnel’ means any person performing work under contract for the Department of Defense, the Department of State, or the United States Agency for International Development, in Iraq or Afghanistan, including individuals and subcontractors at any tier.’.CommentsClose CommentsPermalink
SEC. 855. SUSPENSION OF STATUTES OF LIMITATIONS WHEN CONGRESS AUTHORIZES THE USE OF MILITARY FORCE.CommentsClose CommentsPermalink
(1) by inserting ‘or Congress has enacted a specific authorization for the use of the Armed Forces, as described in section 5(b) of the War Powers Resolution (
(2) by inserting ‘or directly connected with or related to the authorized use of the Armed Forces’ after ‘prosecution of the war’;CommentsClose CommentsPermalink
(3) by striking ‘three years’ and inserting ‘5 years’;CommentsClose CommentsPermalink
(4) by striking ‘proclaimed by the President’ and inserting ‘proclaimed by a Presidential proclamation, with notice to Congress,’; andCommentsClose CommentsPermalink
(5) by adding at the end the following: ‘For purposes of applying such definitions in this section, the term ‘war’ includes a specific authorization for the use of the Armed Forces, as described in section 5(b) of the War Powers Resolution (
Subtitle G--Governmentwide Acquisition ImprovementsCommentsClose CommentsPermalink
SEC. 861. SHORT TITLE.CommentsClose CommentsPermalink
This subtitle may be cited as the ‘Clean Contracting Act of 2008’.CommentsClose CommentsPermalink
SEC. 862. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.CommentsClose CommentsPermalink
(a) Civilian Agency Contracts- Section 303(d) of the Federal Property and Administrative Services Act of 1949 (
‘(3)(A) The contract period of a contract described in subparagraph (B) that is entered into by an executive agency pursuant to the authority provided under subsection (c)(2)--CommentsClose CommentsPermalink
‘(i) may not exceed the time necessary--CommentsClose CommentsPermalink
‘(I) to meet the unusual and compelling requirements of the work to be performed under the contract; andCommentsClose CommentsPermalink
‘(II) for the executive agency to enter into another contract for the required goods or services through the use of competitive procedures; andCommentsClose CommentsPermalink
‘(ii) may not exceed one year unless the head of the executive agency entering into such contract determines that exceptional circumstances apply.CommentsClose CommentsPermalink
‘(B) This paragraph applies to any contract in an amount greater than the simplified acquisition threshold.’.CommentsClose CommentsPermalink
(b) Defense Contracts-
‘(3)(A) The contract period of a contract described in subparagraph (B) that is entered into by an agency pursuant to the authority provided under subsection (c)(2)--CommentsClose CommentsPermalink
‘(i) may not exceed the time necessary--CommentsClose CommentsPermalink
‘(I) to meet the unusual and compelling requirements of the work to be performed under the contract; andCommentsClose CommentsPermalink
‘(II) for the agency to enter into another contract for the required goods or services through the use of competitive procedures; andCommentsClose CommentsPermalink
‘(ii) may not exceed one year unless the head of the agency entering into such contract determines that exceptional circumstances apply.CommentsClose CommentsPermalink
‘(B) This paragraph applies to any contract in an amount greater than the simplified acquisition threshold.’.CommentsClose CommentsPermalink
SEC. 863. REQUIREMENTS FOR PURCHASE OF PROPERTY AND SERVICES PURSUANT TO MULTIPLE AWARD CONTRACTS.CommentsClose CommentsPermalink
(a) Regulations Required- Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to require enhanced competition in the purchase of property and services by all executive agencies pursuant to multiple award contracts.CommentsClose CommentsPermalink
(b) Content of Regulations-CommentsClose CommentsPermalink
(1) IN GENERAL- The regulations required by subsection (a) shall provide, at a minimum, that each individual purchase of property or services in excess of the simplified acquisition threshold that is made under a multiple award contract shall be made on a competitive basis unless a contracting officer--CommentsClose CommentsPermalink
(A) waives the requirement on the basis of a determination that--CommentsClose CommentsPermalink
(i) one of the circumstances described in paragraphs (1) through (4) of section 303J(b) of the Federal Property and Administrative Services Act of 1949 (
(ii) a law expressly authorizes or requires that the purchase be made from a specified source; andCommentsClose CommentsPermalink
(B) justifies the determination in writing.CommentsClose CommentsPermalink
(2) COMPETITIVE BASIS PROCEDURES- For purposes of this subsection, an individual purchase of property or services is made on a competitive basis only if it is made pursuant to procedures that--CommentsClose CommentsPermalink
(A) except as provided in paragraph (3), require fair notice of the intent to make that purchase (including a description of the work to be performed and the basis on which the selection will be made) to be provided to all contractors offering such property or services under the multiple award contract; andCommentsClose CommentsPermalink
(B) afford all contractors responding to the notice a fair opportunity to make an offer and have that offer fairly considered by the official making the purchase.CommentsClose CommentsPermalink
(3) EXCEPTION TO NOTICE REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- Notwithstanding paragraph (2), and subject to subparagraph (B), notice may be provided to fewer than all contractors offering such property or services under a multiple award contract as described in subsection (d)(2)(A) if notice is provided to as many contractors as practicable.CommentsClose CommentsPermalink
(B) LIMITATION ON EXCEPTION- A purchase may not be made pursuant to a notice that is provided to fewer than all contractors under subparagraph (A) unless--CommentsClose CommentsPermalink
(i) offers were received from at least 3 qualified contractors; orCommentsClose CommentsPermalink
(ii) a contracting officer of the executive agency determines in writing that no additional qualified contractors were able to be identified despite reasonable efforts to do so.CommentsClose CommentsPermalink
(c) Public Notice Requirements Related to Sole Source Task or Delivery Orders-CommentsClose CommentsPermalink
(1) PUBLIC NOTICE REQUIRED- Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to require the head of each executive agency to--CommentsClose CommentsPermalink
(A) publish on FedBizOpps notice of all sole source task or delivery orders in excess of the simplified acquisition threshold that are placed against multiple award contracts not later than 14 days after such orders are placed, except in the event of extraordinary circumstances or classified orders; andCommentsClose CommentsPermalink
(B) disclose the determination required by subsection (b)(1) related to sole source task or delivery orders in excess of the simplified acquisition threshold placed against multiple award contracts through the same mechanism and to the same extent as the disclosure of documents containing a justification and approval required by
(2) EXEMPTION- This subsection does not require the public availability of information that is exempt from public disclosure under
(d) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term ‘executive agency’ has the meaning given such term in section 4(1) of the Office of Federal Procurement Policy Act (
(2) The term ‘individual purchase’ means a task order, delivery order, or other purchase.CommentsClose CommentsPermalink
(3) The term ‘multiple award contract’ means--CommentsClose CommentsPermalink
(A) a contract that is entered into by the Administrator of General Services under the multiple award schedule program referred to in
(B) a multiple award task order contract that is entered into under the authority of sections 2304a through 2304d of title 10, United States Code, or sections 303H through 303K of the Federal Property and Administrative Services Act of 1949 (
(C) any other indefinite delivery, indefinite quantity contract that is entered into by the head of an executive agency with 2 or more sources pursuant to the same solicitation.CommentsClose CommentsPermalink
(4) The term ‘sole source task or delivery order’ means any order that does not follow the competitive procedures in subsection (b)(2) or (b)(3).CommentsClose CommentsPermalink
(e) Applicability- The regulations required by subsection (a) shall apply to all individual purchases of property or services that are made under multiple award contracts on or after the effective date of such regulations, without regard to whether the multiple award contracts were entered into before, on, or after such effective date.CommentsClose CommentsPermalink
(f) Repeal of Redundant Provision- Section 803 of the National Defense Authorization Act for Fiscal Year 2002 (
SEC. 864. REGULATIONS ON THE USE OF COST-REIMBURSEMENT CONTRACTS.CommentsClose CommentsPermalink
(a) In General- Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to address the use of cost-reimbursement contracts.CommentsClose CommentsPermalink
(b) Content- The regulations promulgated under subsection (a) shall include, at a minimum, guidance regarding--CommentsClose CommentsPermalink
(1) when and under what circumstances cost-reimbursement contracts are appropriate;CommentsClose CommentsPermalink
(2) the acquisition plan findings necessary to support a decision to use cost-reimbursement contracts; andCommentsClose CommentsPermalink
(3) the acquisition workforce resources necessary to award and manage cost-reimbursement contracts.CommentsClose CommentsPermalink
(c) Inspector General Review- Not later than one year after the regulations required by subsection (a) are promulgated, the Inspector General for each executive agency shall review the use of cost-reimbursement contracts by such agency for compliance with such regulations and shall include the results of the review in the Inspector General’s next semiannual report.CommentsClose CommentsPermalink
(d) Report- Subject to subsection (f), the Director of the Office of Management and Budget shall submit an annual report to Congressional committees identified in subsection (e) on the use of cost-reimbursement contracts and task or delivery orders by all executive agencies. The report shall be submitted no later than March 1 and shall cover the fiscal year ending September 30 of the prior year. The report shall include--CommentsClose CommentsPermalink
(1) the total number and value of contracts awarded and orders issued during the covered fiscal year;CommentsClose CommentsPermalink
(2) the total number and value of cost-reimbursement contracts awarded and orders issued during the covered fiscal year; andCommentsClose CommentsPermalink
(3) an assessment of the effectiveness of the regulations promulgated pursuant to subsection (a) in ensuring the appropriate use of cost-reimbursement contracts.CommentsClose CommentsPermalink
(e) Congressional Committees Defined- The report required by subsection (d) shall be submitted to the Committee on Oversight and Government Reform of the House of Representatives; the Committee on Homeland Security and Governmental Affairs of the Senate; the Committees on Appropriations of the House of Representatives and the Senate; and, in the case of the Department of Defense and the Department of Energy, the Committees on Armed Services of the Senate and the House of Representatives.CommentsClose CommentsPermalink
(f) Requirements Limited to Certain Agencies and Years-CommentsClose CommentsPermalink
(1) AGENCIES- The requirement in subsection (c) shall apply only to those executive agencies that awarded contracts or issued orders (under contracts previously awarded) in a total amount of at least $1,000,000,000 in the fiscal year proceeding the fiscal year in which the assessments and reports are submitted.CommentsClose CommentsPermalink
(2) YEARS- The report required by subsection (d) shall be submitted from March 1, 2009, until March 1, 2014.CommentsClose CommentsPermalink
(g) Executive Agency Defined- In this section, the term ‘executive agency’ has the meaning given such term in section 4(1) of the Office of Federal Procurement Policy Act (
SEC. 865. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.CommentsClose CommentsPermalink
(a) Office of Management and Budget Policy Guidance-CommentsClose CommentsPermalink
(1) REPORT AND GUIDELINES- Not later than one year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall--CommentsClose CommentsPermalink
(A) submit to Congress a comprehensive report on interagency acquisitions, including their frequency of use, management controls, cost-effectiveness, and savings generated; andCommentsClose CommentsPermalink
(B) issue guidelines to assist the heads of executive agencies in improving the management of interagency acquisitions.CommentsClose CommentsPermalink
(2) MATTERS COVERED BY GUIDELINES- For purposes of paragraph (1)(B), the Director shall include guidelines on the following matters:CommentsClose CommentsPermalink
(A) Procedures for the use of interagency acquisitions to maximize competition, deliver best value to executive agencies, and minimize waste, fraud, and abuse.CommentsClose CommentsPermalink
(B) Categories of contracting inappropriate for interagency acquisition.CommentsClose CommentsPermalink
(C) Requirements for training acquisition workforce personnel in the proper use of interagency acquisitions.CommentsClose CommentsPermalink
(b) Regulations Required-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require that all interagency acquisitions--CommentsClose CommentsPermalink
(A) include a written agreement between the requesting agency and the servicing agency assigning responsibility for the administration and management of the contract;CommentsClose CommentsPermalink
(B) include a determination that an interagency acquisition is the best procurement alternative; andCommentsClose CommentsPermalink
(C) include sufficient documentation to ensure an adequate audit.CommentsClose CommentsPermalink
(2) MULTI-AGENCY CONTRACTS- Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require any multi-agency contract entered into by an executive agency after the effective date of such regulations to be supported by a business case analysis detailing the administration of such contract, including an analysis of all direct and indirect costs to the Federal Government of awarding and administering such contract and the impact such contract will have on the ability of the Federal Government to leverage its purchasing power.CommentsClose CommentsPermalink
(c) Agency Reporting Requirement- The senior procurement executive for each executive agency shall, as directed by the Director of the Office of Management and Budget, submit to the Director annual reports on the actions taken by the executive agency pursuant to the guidelines issued under subsection (a).CommentsClose CommentsPermalink
(d) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term ‘executive agency’ has the meaning given such term in section 4(1) of the Office of Federal Procurement Policy Act (
(2) The term ‘head of executive agency’ means the head of an executive agency except that, in the case of a military department, the term means the Secretary of Defense.CommentsClose CommentsPermalink
(3) The term ‘interagency acquisition’ means a procedure by which an executive agency needing supplies or services (the requesting agency) obtains them from another executive agency (the servicing agency). The term includes acquisitions under
(4) The term ‘multi-agency contract’ means a task or delivery order contract established for use by more than one executive agency to obtain supplies and services, consistent with
SEC. 866. LIMITATIONS ON TIERING OF SUBCONTRACTORS.CommentsClose CommentsPermalink
(a) Regulations- Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended, for executive agencies other than the Department of Defense, to minimize the excessive use by contractors of subcontractors, or of tiers of subcontractors, that add no or negligible value, and to ensure that neither a contractor nor a subcontractor receives indirect costs or profit on work performed by a lower-tier subcontractor to which the higher-tier contractor or subcontractor adds no, or negligible, value (but not to limit charges for indirect costs and profit based on the direct costs of managing lower-tier subcontracts).CommentsClose CommentsPermalink
(b) Covered Contracts- This section applies to any cost-reimbursement type contract or task or delivery order in an amount greater than the simplified acquisition threshold (as defined by section 4 of the Office of Federal Procurement Policy Act (
(c) Rule of Construction- Nothing in this section shall be construed as limiting the ability of the Department of Defense to implement more restrictive limitations on the tiering of subcontractors.CommentsClose CommentsPermalink
(d) Applicability- The Department of Defense shall continue to be subject to guidance on limitations on tiering of subcontractors issued by the Department pursuant to section 852 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(e) Executive Agency Defined- In this section, the term ‘executive agency’ has the meaning given such term in section 4(1) of the Office of Federal Procurement Policy Act (
SEC. 867. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION OUTCOMES.CommentsClose CommentsPermalink
(a) Guidance for Executive Agencies on Linking of Award and Incentive Fees to Acquisition Outcomes- Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to provide executive agencies other than the Department of Defense with instructions, including definitions, on the appropriate use of award and incentive fees in Federal acquisition programs.CommentsClose CommentsPermalink
(b) Elements- The regulations under subsection (a) shall--CommentsClose CommentsPermalink
(1) ensure that all new contracts using award fees link such fees to acquisition outcomes (which shall be defined in terms of program cost, schedule, and performance);CommentsClose CommentsPermalink
(2) establish standards for identifying the appropriate level of officials authorized to approve the use of award and incentive fees in new contracts;CommentsClose CommentsPermalink
(3) provide guidance on the circumstances in which contractor performance may be judged to be ‘excellent’ or ‘superior’ and the percentage of the available award fee which contractors should be paid for such performance;CommentsClose CommentsPermalink
(4) establish standards for determining the percentage of the available award fee, if any, which contractors should be paid for performance that is judged to be ‘acceptable’, ‘average’, ‘expected’, ‘good’, or ‘satisfactory’;CommentsClose CommentsPermalink
(5) ensure that no award fee may be paid for contractor performance that is judged to be below satisfactory performance or performance that does not meet the basic requirements of the contract;CommentsClose CommentsPermalink
(6) provide specific direction on the circumstances, if any, in which it may be appropriate to roll over award fees that are not earned in one award fee period to a subsequent award fee period or periods;CommentsClose CommentsPermalink
(7) ensure consistent use of guidelines and definitions relating to award and incentive fees across the Federal Government;CommentsClose CommentsPermalink
(8) ensure that each executive agency--CommentsClose CommentsPermalink
(A) collects relevant data on award and incentive fees paid to contractors; andCommentsClose CommentsPermalink
(B) has mechanisms in place to evaluate such data on a regular basis;CommentsClose CommentsPermalink
(9) include performance measures to evaluate the effectiveness of award and incentive fees as a tool for improving contractor performance and achieving desired program outcomes; andCommentsClose CommentsPermalink
(10) provide mechanisms for sharing proven incentive strategies for the acquisition of different types of products and services among contracting and program management officials.CommentsClose CommentsPermalink
(c) Guidance for Department of Defense- The Department of Defense shall continue to be subject to guidance on award and incentive fees issued by the Secretary of Defense pursuant to section 814 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(d) Executive Agency Defined- In this section, the term ‘executive agency’ has the meaning given such term in section 4(1) of the Office of Federal Procurement Policy Act (
SEC. 868. MINIMIZING ABUSE OF COMMERCIAL SERVICES ITEM AUTHORITY.CommentsClose CommentsPermalink
(a) Regulations Required- Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended with respect to the procurement of commercial services.CommentsClose CommentsPermalink
(b) Applicability of Commercial Procedures-CommentsClose CommentsPermalink
(1) SERVICES OF A TYPE SOLD IN MARKETPLACE- The regulations modified pursuant to subsection (a) shall ensure that services that are not offered and sold competitively in substantial quantities in the commercial marketplace, but are of a type offered and sold competitively in substantial quantities in the commercial marketplace, may be treated as commercial items for purposes of
(2) INFORMATION SUBMITTED- To the extent necessary to make a determination under paragraph (1), the contracting officer may request the offeror to submit--CommentsClose CommentsPermalink
(A) prices paid for the same or similar commercial items under comparable terms and conditions by both government and commercial customers; andCommentsClose CommentsPermalink
(B) if the contracting officer determines that the information described in subparagraph (A) is not sufficient to determine the reasonableness of price, other relevant information regarding the basis for price or cost, including information on labor costs, material costs, and overhead rates.CommentsClose CommentsPermalink
SEC. 869. ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.CommentsClose CommentsPermalink
(a) Purpose- The purpose of this section is to authorize the preparation and completion of a plan (to be known as the ‘Acquisition Workforce Development Strategic Plan’) for Federal agencies other than the Department of Defense to develop a specific and actionable 5-year plan to increase the size of the acquisition workforce, and to operate a government-wide acquisition intern program, for such Federal agencies.CommentsClose CommentsPermalink
(b) Establishment of Plan- The Associate Administrator for Acquisition Workforce Programs designated under section 855(a) of the National Defense Authorization Act for Fiscal Year 2008 (
(c) Criteria- The Acquisition Workforce Development Strategic Plan shall include, at a minimum, an examination of the following matters:CommentsClose CommentsPermalink
(1) The variety and complexity of acquisitions conducted by each Federal agency covered by the plan, and the workforce needed to effectively carry out such acquisitions.CommentsClose CommentsPermalink
(2) The development of a sustainable funding model to support efforts to hire, retain, and train an acquisition workforce of appropriate size and skill to effectively carry out the acquisition programs of the Federal agencies covered by the plan, including an examination of interagency funding methods and a discussion of how the model of the Defense Acquisition Workforce Development Fund could be applied to civilian agencies.CommentsClose CommentsPermalink
(3) Any strategic human capital planning necessary to hire, retain, and train an acquisition workforce of appropriate size and skill at each Federal agency covered by the plan.CommentsClose CommentsPermalink
(4) Methodologies that Federal agencies covered by the plan can use to project future acquisition workforce personnel hiring requirements, including an appropriate distribution of such personnel across each category of positions designated as acquisition workforce personnel under section 37(j) of the Office of Federal Procurement Policy Act (
(5) Government-wide training standards and certification requirements necessary to enhance the mobility and career opportunities of the Federal acquisition workforce within the Federal agencies covered by the plan.CommentsClose CommentsPermalink
(6) If the Associate Administrator recommends as part of the plan a growth in the acquisition workforce of the Federal agencies covered by the plan below 25 percent over the next 5 years, an examination of each of the matters specified in paragraphs (1) through (5) in the context of a 5-year plan that increases the size of such acquisition workforce by not less than 25 percent, or an explanation why such a level of growth would not be in the best interest of the Federal Government.CommentsClose CommentsPermalink
(d) Deadline for Completion- The Acquisition Workforce Development Strategic Plan shall be completed not later than one year after the date of the enactment of this Act and in a fashion that allows for immediate implementation of its recommendations and guidelines.CommentsClose CommentsPermalink
(e) Funds- The Acquisition Workforce Development Strategic Plan shall be funded from the Acquisition Workforce Training Fund under section 37(h)(3) of the Office of Federal Procurement Policy Act (
SEC. 870. CONTINGENCY CONTRACTING CORPS.CommentsClose CommentsPermalink
(a) Establishment- The Office of Federal Procurement Policy Act (
‘SEC. 44. CONTINGENCY CONTRACTING CORPS.CommentsClose CommentsPermalink
‘(a) Establishment- The Administrator of General Services, pursuant to policies established by the Office of Management and Budget, and in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall establish a Governmentwide Contingency Contracting Corps (in this section referred to as the ‘Corps’). The members of the Corps shall be available for deployment in responding to an emergency or major disaster, or a contingency operation, both within or outside the continental United States.CommentsClose CommentsPermalink
‘(b) Applicability- The authorities provided in this section apply with respect to any procurement of property or services by or for an executive agency that, as determined by the head of such executive agency, are to be used--CommentsClose CommentsPermalink
‘(1) in support of a contingency operation as defined in
; orCommentsClose CommentsPermalink section 101(a)(13) of title 10, United States Code ‘(2) to respond to an emergency or major disaster as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
).CommentsClose CommentsPermalink 42 U.S.C. 5122 ‘(c) Membership- Membership in the Corps shall be voluntary and open to all Federal employees and members of the Armed Forces who are members of the Federal acquisition workforce.CommentsClose CommentsPermalink
‘(d) Education and Training- The Administrator may, in consultation with the Director of the Federal Acquisition Institute and the Chief Acquisition Officers Council, establish educational and training requirements for members of the Corps. Education and training carried out pursuant to such requirements shall be paid for from funds available in the acquisition workforce training fund established pursuant to section 37(h)(3) of this Act.CommentsClose CommentsPermalink
‘(e) Salary- The salary for a member of the Corps shall be paid--CommentsClose CommentsPermalink
‘(1) in the case of a member of the Armed Forces, out of funds available to the Armed Force concerned; andCommentsClose CommentsPermalink
‘(2) in the case of a Federal employee, out of funds available to the employing agency.CommentsClose CommentsPermalink
‘(f) Authority to Deploy the Corps- (1) The Director of the Office of Management and Budget shall have the authority, upon request by an executive agency, to determine when members of the Corps shall be deployed, with the concurrence of the head of the agency or agencies employing the members to be deployed.CommentsClose CommentsPermalink
‘(2) Nothing in this section shall preclude the Secretary of Defense or the Secretary’s designee from deploying members of the Armed Forces or civilian personnel of the Department of Defense in support of a contingency operation as defined in
.CommentsClose CommentsPermalink section 101(a)(13) of title 10, United States Code ‘(g) Annual Report-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Administrator of General Services shall provide to the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate and the Committee on Oversight and Government Reform and the Committee on Armed Services of the House of Representatives an annual report on the status of the Contingency Contracting Corps as of September 30 of each fiscal year.CommentsClose CommentsPermalink
‘(2) CONTENT- At a minimum, each report under paragraph (1) shall include the number of members of the Contingency Contracting Corps, the total cost of operating the program, the number of deployments of members of the program, and the performance of members of the program in deployment.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents for that Act (contained in section 1(b) of that Act) is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘Sec. 44. Contingency Contracting Corps.’.CommentsClose CommentsPermalink
SEC. 871. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE TO CONTRACTOR EMPLOYEES.CommentsClose CommentsPermalink
(a) Civilian Agencies- Section 304C of the Federal Property and Administrative Services Act of 1949 (
(b) Defense Agencies-
SEC. 872. DATABASE FOR FEDERAL AGENCY CONTRACT AND GRANT OFFICERS AND SUSPENSION AND DEBARMENT OFFICIALS.CommentsClose CommentsPermalink
(a) In General- Subject to the authority, direction, and control of the Director of the Office of Management and Budget, the Administrator of General Services shall establish, not later than one year after the date of the enactment of this Act, and maintain a database of information regarding the integrity and performance of certain persons awarded Federal agency contracts and grants for use by Federal agency officials having authority over contracts and grants.CommentsClose CommentsPermalink
(b) Persons Covered- The database shall cover the following:CommentsClose CommentsPermalink
(1) Any person awarded a Federal agency contract or grant in excess of $500,000, if any information described in subsection (c) exists with respect to such person.CommentsClose CommentsPermalink
(2) Any person awarded such other category or categories of Federal agency contract as the Federal Acquisition Regulation may provide, if such information exists with respect to such person.CommentsClose CommentsPermalink
(c) Information Included- With respect to a covered person the database shall include information (in the form of a brief description) for the most recent 5-year period regarding the following:CommentsClose CommentsPermalink
(1) Each civil or criminal proceeding, or any administrative proceeding, in connection with the award or performance of a contract or grant with the Federal Government with respect to the person during the period to the extent that such proceeding results in the following dispositions:CommentsClose CommentsPermalink
(A) In a criminal proceeding, a conviction.CommentsClose CommentsPermalink
(B) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.CommentsClose CommentsPermalink
(C) In an administrative proceeding, a finding of fault and liability that results in--CommentsClose CommentsPermalink
(i) the payment of a monetary fine or penalty of $5,000 or more; orCommentsClose CommentsPermalink
(ii) the payment of a reimbursement, restitution, or damages in excess of $100,000.CommentsClose CommentsPermalink
(D) To the maximum extent practicable and consistent with applicable laws and regulations, in a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the person if the proceeding could have led to any of the outcomes specified in subparagraph (A), (B), or (C).CommentsClose CommentsPermalink
(2) Each Federal contract and grant awarded to the person that was terminated in such period due to default.CommentsClose CommentsPermalink
(3) Each Federal suspension and debarment of the person in that period.CommentsClose CommentsPermalink
(4) Each Federal administrative agreement entered into by the person and the Federal Government in that period to resolve a suspension or debarment proceeding.CommentsClose CommentsPermalink
(5) Each final finding by a Federal official in that period that the person has been determined not to be a responsible source under subparagraph (C) or (D) of section 4(7) of the Office of Federal Procurement Policy Act (
(6) Such other information as shall be provided for purposes of this section in the Federal Acquisition Regulation.CommentsClose CommentsPermalink
(7) To the maximum extent practical, information similar to the information covered by paragraphs (1) through (4) in connection with the award or performance of a contract or grant with a State government.CommentsClose CommentsPermalink
(d) Requirements Relating to Information in Database-CommentsClose CommentsPermalink
(1) DIRECT INPUT AND UPDATE- The Administrator shall design and maintain the database in a manner that allows the appropriate Federal agency officials to directly input and update information in the database relating to actions such officials have taken with regard to contractors or grant recipients.CommentsClose CommentsPermalink
(2) TIMELINESS AND ACCURACY- The Administrator shall develop policies to require--CommentsClose CommentsPermalink
(A) the timely and accurate input of information into the database;CommentsClose CommentsPermalink
(B) the timely notification of any covered person when information relevant to the person is entered into the database; andCommentsClose CommentsPermalink
(C) opportunities for any covered person to submit comments pertaining to information about such person for inclusion in the database.CommentsClose CommentsPermalink
(e) Use of Database-CommentsClose CommentsPermalink
(1) AVAILABILITY TO GOVERNMENT OFFICIALS- The Administrator shall ensure that the information in the database is available to appropriate acquisition officials of Federal agencies, to such other government officials as the Administrator determines appropriate, and, upon request, to the Chairman and Ranking Member of the committees of Congress having jurisdiction.CommentsClose CommentsPermalink
(2) REVIEW AND ASSESSMENT OF DATA-CommentsClose CommentsPermalink
(A) IN GENERAL- Before awarding a contract or grant in excess of the simplified acquisition threshold under section 4(11) of the Office of Federal Procurement Policy Act (
(B) DOCUMENTATION IN CONTRACT FILE- The contract file for each contract of a Federal agency in excess of the simplified acquisition threshold shall document the manner in which the material in the database was considered in any responsibility determination or past performance evaluation.CommentsClose CommentsPermalink
(f) Disclosure in Applications- Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to require that persons with Federal agency contracts and grants valued in total greater than $10,000,000 shall--CommentsClose CommentsPermalink
(1) submit to the Administrator, in a manner determined appropriate by the Administrator, the information subject to inclusion in the database as listed in subsection (c) current as of the date of submittal of such information under this subsection; andCommentsClose CommentsPermalink
(2) update such information on a semiannual basis.CommentsClose CommentsPermalink
(g) Rulemaking- The Administrator shall promulgate such regulations as may be necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 873. ROLE OF INTERAGENCY COMMITTEE ON DEBARMENT AND SUSPENSION.CommentsClose CommentsPermalink
(a) Requirement- The Interagency Committee on Debarment and Suspension shall--CommentsClose CommentsPermalink
(1) resolve issues regarding which of several Federal agencies is the lead agency having responsibility to initiate suspension or debarment proceedings;CommentsClose CommentsPermalink
(2) coordinate actions among interested agencies with respect to such action;CommentsClose CommentsPermalink
(3) encourage and assist Federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the Governmentwide suspension and debarment system;CommentsClose CommentsPermalink
(4) recommend to the Office of Management and Budget changes to Government suspension and debarment system and its rules, if such recommendations are approved by a majority of the Interagency Committee;CommentsClose CommentsPermalink
(5) authorize the Office of Management and Budget to issue guidelines that implement those recommendations;CommentsClose CommentsPermalink
(6) authorize the chair of the Committee to establish subcommittees as appropriate to best enable the Interagency Committee to carry out its functions; andCommentsClose CommentsPermalink
(7) submit to Congress an annual report on--CommentsClose CommentsPermalink
(A) the progress and efforts to improve the suspension and debarment system;CommentsClose CommentsPermalink
(B) member agencies’ active participation in the committee’s work; andCommentsClose CommentsPermalink
(C) a summary of each agency’s activities and accomplishments in the Governmentwide debarment system.CommentsClose CommentsPermalink
(b) Definition- The term ‘Interagency Committee on Debarment and Suspension’ means such committee constituted under sections 4 and 5 and of Executive Order No. 12549.CommentsClose CommentsPermalink
SEC. 874. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA SYSTEM.CommentsClose CommentsPermalink
(a) Enhanced Transparency on Interagency Contracting and Other Transactions- Not later than one year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall direct appropriate revisions to the Federal Procurement Data System or any successor system to facilitate the collection of complete, timely, and reliable data on interagency contracting actions and on transactions other than contracts, grants, and cooperative agreements issued pursuant to
(1) interagency contracting actions, including data at the task or delivery-order level; andCommentsClose CommentsPermalink
(2) other transactions, including the initial award and any subsequent modifications awarded or orders issued (other than transactions that are reported through the Federal Assistance Awards Data System).CommentsClose CommentsPermalink
(b) Amendment- Subsection (d) of section 19 of the Office of Federal Procurement Policy Act (
‘(d) Transmission and Data Entry of Information- The head of each executive agency shall ensure the accuracy of the information included in the record established and maintained by such agency under subsection (a) and shall transmit in a timely manner such information to the General Services Administration for entry into the Federal Procurement Data System referred to in section 6(d)(4), or any successor system.’.CommentsClose CommentsPermalink
(c) Report to Congress-CommentsClose CommentsPermalink
(1) REPORT REQUIRED- Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall submit to Congress a report.CommentsClose CommentsPermalink
(2) CONTENTS OF REPORT- The report shall contain the following:CommentsClose CommentsPermalink
(A) A list of all databases that include information about Federal contracting and Federal grants.CommentsClose CommentsPermalink
(B) Recommendations for further legislation or administrative action that the Administrator considers appropriate to create a centralized, comprehensive Federal contracting and Federal grant database.CommentsClose CommentsPermalink
Subtitle H--Other MattersCommentsClose CommentsPermalink
SEC. 881. EXPANSION OF AUTHORITY TO RETAIN FEES FROM LICENSING OF INTELLECTUAL PROPERTY.CommentsClose CommentsPermalink
(1) in subsection (a), by inserting ‘or the Secretary of Homeland Security’ after ‘Secretary of Defense’; andCommentsClose CommentsPermalink
(2) in subsection (f)--CommentsClose CommentsPermalink
(A) by striking ‘(f) Definitions- In this section, the’ and inserting the following:CommentsClose CommentsPermalink
‘(f) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) The’; andCommentsClose CommentsPermalink
(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) The term ‘Secretary concerned’ has the meaning provided in section 101(a)(9) of this title and also includes--CommentsClose CommentsPermalink
‘(A) the Secretary of Defense, with respect to matters concerning the Defense Agencies and Department of Defense Field Activities; andCommentsClose CommentsPermalink
‘(B) 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
SEC. 882. REPORT ON MARKET RESEARCH.CommentsClose CommentsPermalink
Not later than October 1, 2009, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of section 826 of the National Defense Authorization Act for Fiscal Year 2008 (
(1) actions taken by the Department of Defense to implement the amendments made by section 826(a) of such Act to
(A) the guidance issued by the Department on the performance of market research;CommentsClose CommentsPermalink
(B) the market research being performed pursuant to such guidance; andCommentsClose CommentsPermalink
(C) the results of such guidance and market research;CommentsClose CommentsPermalink
(2) training tools the Secretary of Defense has developed to assist contracting officials in performing market research in accordance with section 826(b) of such Act;CommentsClose CommentsPermalink
(3) actions the Department of Defense intends to take to further implement such section 826 and the amendments made by that section, including dissemination of best practices and corrective actions where necessary; andCommentsClose CommentsPermalink
(4) such other matters as the Secretary considers appropriate.CommentsClose CommentsPermalink
SEC. 883. REPORT RELATING TO MUNITIONS.CommentsClose CommentsPermalink
Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report detailing how 60mm and 81mm munitions used by the Armed Forces are procured, including, where relevant, an explanation of the decision to procure such munitions from non-domestic sources and the justification for awarding contracts to non-domestic sources.CommentsClose CommentsPermalink
SEC. 884. MOTOR CARRIER FUEL SURCHARGES.CommentsClose CommentsPermalink
(a) Pass Through to Cost Bearer- The Secretary of Defense shall take appropriate actions to ensure that, to the maximum extent practicable, in all carriage contracts in which a fuel-related adjustment is provided for, any fuel-related adjustment is passed through to the person who bears the cost of the fuel that the adjustment relates to.CommentsClose CommentsPermalink
(b) Use of Contract Clause- The actions taken by the Secretary under subsection (a) shall include the insertion of a contract clause, with appropriate flow-down requirements, into all contracts with motor carriers, brokers, or freight forwarders providing or arranging truck transportation or services in which a fuel-related adjustment is provided for.CommentsClose CommentsPermalink
(c) Disclosure- The Secretary shall publicly disclose any decision by the Department of Defense to pay fuel-related adjustments under contracts (or a category of contracts) covered by this section.CommentsClose CommentsPermalink
(d) Report- Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the committees on Armed Services of the Senate and the House of Representatives a report on the actions taken in accordance with the requirements of subsection (a).CommentsClose CommentsPermalink
SEC. 885. PROCUREMENT BY STATE AND LOCAL GOVERNMENTS OF EQUIPMENT FOR HOMELAND SECURITY AND EMERGENCY RESPONSE ACTIVITIES THROUGH THE DEPARTMENT OF DEFENSE.CommentsClose CommentsPermalink
(a) Expansion of Procurement Authority to Include Equipment for Homeland Security and Emergency Response Activities-CommentsClose CommentsPermalink
(1) PROCEDURES- Subsection (a)(1) of
(A) in subsection (a)(1)--CommentsClose CommentsPermalink
(i) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink
(I) by striking ‘law enforcement’; andCommentsClose CommentsPermalink
(II) by inserting ‘, homeland security, and emergency response’ after ‘counter-drug’;CommentsClose CommentsPermalink
(ii) in subparagraph (A)--CommentsClose CommentsPermalink
(I) in the matter preceding clause (i), by inserting ‘, homeland security, or emergency response’ after ‘counter-drug’; andCommentsClose CommentsPermalink
(II) in clause (i), by striking ‘law enforcement’;CommentsClose CommentsPermalink
(iii) in subparagraph (C), by striking ‘law enforcement’ each place it appears; andCommentsClose CommentsPermalink
(iv) in subparagraph (D), by striking ‘law enforcement’.CommentsClose CommentsPermalink
(2) GSA CATALOG- Subsection (c) of such section is amended--CommentsClose CommentsPermalink
(A) by striking ‘law enforcement’; andCommentsClose CommentsPermalink
(B) by inserting ‘, homeland security, and emergency response’ after ‘counter-drug’.CommentsClose CommentsPermalink
(3) DEFINITIONS- Subsection (d) of such section is amended--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, and emergency response’ after ‘counter-drug’; andCommentsClose CommentsPermalink
(iii) by inserting ‘and, in the case of equipment for homeland security activities, may not include any equipment that is not found on the Authorized Equipment List published by the Department of Homeland Security’ after ‘purposes’.CommentsClose CommentsPermalink
(b) Clerical Amendments-CommentsClose CommentsPermalink
(1) HEADING AMENDMENT- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
-‘Sec. 381. Procurement of equipment by State and local governments through the Department of Defense: equipment for counter-drug, homeland security, and emergency response activities’.CommentsClose CommentsPermalink
(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 18 of such title is amended by striking the item relating to section 381 and inserting the following new item:CommentsClose CommentsPermalink
‘381. Procurement of equipment by State and local governments through the Department of Defense: equipment for counter-drug, homeland security, and emergency response activities.’.CommentsClose CommentsPermalink
SEC. 886. REVIEW OF IMPACT OF COVERED SUBSIDIES ON ACQUISITION OF KC-45 AIRCRAFT.CommentsClose CommentsPermalink
(a) Review of Covered Subsidies Required- The Secretary of Defense, not later than 10 days after a ruling by the World Trade Organization that the United States, the European Union, or any political entity within the United States or the European Union, has provided a covered subsidy to a manufacturer of large commercial aircraft, shall begin a review, as described in subsection (b), of the impact of such covered subsidy on the source selection for the KC-45 Aerial Refueling Aircraft Program.CommentsClose CommentsPermalink
(b) Performance of the Review- In performing the review required by subsection (a), the Secretary of Defense shall consult with experts within the Department of Defense, the Office of Management and Budget, the Office of the United States Trade Representative, and other agencies and offices of the Federal Government, and with such other experts outside the Government as the Secretary considers appropriate, on the potential impact of a covered subsidy on the source selection process for the KC-45 Aerial Refueling Aircraft Program.CommentsClose CommentsPermalink
(c) Completion of Review- The Secretary of Defense shall complete the review required by subsection (a) not later than 90 days after the World Trade Organization has completed ruling on all cases involving the allegation of a covered subsidy provided to a manufacturer of large commercial aircraft pending at the World Trade Organization as of the date of the enactment of this Act.CommentsClose CommentsPermalink
(d) Report on Review- Not later than 30 days after the completion of the review required by subsection (a), the Secretary of Defense shall provide a report to the congressional defense committees on the findings of the review, together with any recommendations the Secretary considers appropriate.CommentsClose CommentsPermalink
(e) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term ‘covered subsidy’ means a subsidy found to constitute a violation of the Agreement on Subsidies and Countervailing Measures.CommentsClose CommentsPermalink
(2) The term ‘Agreement on Subsidies and Countervailing Measures’ means the agreement described in section 101(d)(12) of the Uruguay Round Agreements Act (
(3) The term ‘source selection’, with respect to a program of the Department of Defense, means the selection, through the use of competitive procedures or such other procurement procedures as may be applicable, of a contractor to perform a contract to carry out the program.CommentsClose CommentsPermalink
SEC. 887. REPORT ON THE IMPLEMENTATION OF EARNED VALUE MANAGEMENT AT THE DEPARTMENT OF DEFENSE.CommentsClose CommentsPermalink
(a) In General- The Secretary of Defense shall prepare a report on the implementation by the Department of Defense of earned value management. The report shall include, at a minimum, the following:CommentsClose CommentsPermalink
(1) A discussion of the regulations and guidance of the Department applicable to the use and implementation of earned value management.CommentsClose CommentsPermalink
(2) A discussion of the relative value of earned value management as a tool for program managers and senior Department officials.CommentsClose CommentsPermalink
(3) A discussion of specific challenges the Department faces in successfully using earned value management because of the nature of the culture, history, systems, and activities of the Department, particularly with regard to requirements and funding instability.CommentsClose CommentsPermalink
(4) A discussion of the methodology of the Department for earned value management implementation, including data quality issues, training, and information technology systems used to integrate and transmit earned value management data.CommentsClose CommentsPermalink
(5) An evaluation of the accuracy of the earned value management data provided by vendors to the Federal Government concerning acquisition categories I and II programs, with a discussion of the impact of this data on the ability of the Department to achieve program objectives.CommentsClose CommentsPermalink
(6) A description of the criteria used by the Department to evaluate the success of earned value management in delivering program objectives, with illustrative data and examples covering not less than three years.CommentsClose CommentsPermalink
(7) Recommendations for improving earned value management and its implementation within the Department, including a discussion of the merits of possible alternatives.CommentsClose CommentsPermalink
(b) Submission of Report- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit the report required by subsection (a) to the Committees on Armed Services of the Senate and of the House of Representatives.CommentsClose CommentsPermalink
(c) Definition- In this section, the term ‘earned value management’ has the meaning given that term in section 300 of part 7 of Office of Management and Budget Circular A-11 as published in June 2008.CommentsClose CommentsPermalink
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENTCommentsClose CommentsPermalink
Subtitle A--Department of Defense Management
Sec. 901. Plan required for personnel management of special operations forces.CommentsClose CommentsPermalink
Sec. 902. Director of Operational Energy Plans and Programs.CommentsClose CommentsPermalink
Sec. 903. Corrosion control and prevention executives for the military departments.CommentsClose CommentsPermalink
Sec. 904. Participation of Deputy Chief Management Officer of the Department of Defense on Defense Business System Management Committee.CommentsClose CommentsPermalink
Sec. 905. Modification of status of Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs.CommentsClose CommentsPermalink
Sec. 906. Requirement for the Secretary of Defense to prepare a strategic plan to enhance the role of the National Guard and Reserves.CommentsClose CommentsPermalink
Sec. 907. General Counsel to the Inspector General of the Department of Defense.CommentsClose CommentsPermalink
Sec. 908. Business transformation initiatives for the military departments.CommentsClose CommentsPermalink
Subtitle B--Space Activities
Sec. 911. Extension of authority for pilot program for provision of space surveillance network services to entities outside United States Government.CommentsClose CommentsPermalink
Sec. 912. Investment and acquisition strategy for commercial satellite capabilities.CommentsClose CommentsPermalink
Sec. 913. Space posture review.CommentsClose CommentsPermalink
Subtitle C--Chemical Demilitarization Program
Sec. 921. Responsibilities for Chemical Demilitarization Citizens’ Advisory Commissions in Colorado and Kentucky.CommentsClose CommentsPermalink
Sec. 922. Cost-benefit analysis of future treatment of hydrolysate at Pueblo Chemical Depot, Colorado.CommentsClose CommentsPermalink
Subtitle D--Intelligence-Related Matters
Sec. 931. Technical changes following the redesignation of National Imagery and Mapping Agency as National Geospatial-Intelligence Agency.CommentsClose CommentsPermalink
Sec. 932. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 2004.CommentsClose CommentsPermalink
Sec. 933. Technical amendments relating to the Associate Director of the CIA for Military Affairs.CommentsClose CommentsPermalink
Subtitle E--Other Matters
Sec. 941. Enhancement of authorities relating to Department of Defense regional centers for security studies.CommentsClose CommentsPermalink
Sec. 942. Restriction on obligation of funds for United States Southern Command development assistance activities.CommentsClose CommentsPermalink
Sec. 943. Authorization of non-conventional assisted recovery capabilities.CommentsClose CommentsPermalink
Sec. 944. Report on homeland defense and civil support issues.CommentsClose CommentsPermalink
Sec. 945. Report on National Guard resource requirements.CommentsClose CommentsPermalink
Subtitle A--Department of Defense ManagementCommentsClose CommentsPermalink
SEC. 901. PLAN REQUIRED FOR PERSONNEL MANAGEMENT OF SPECIAL OPERATIONS FORCES.CommentsClose CommentsPermalink
(a) Requirement for Plan- The commander of the special operations command, in consultation with the secretaries of the military departments, shall prepare and submit to the Secretary of Defense a plan relating to personnel management of special operations forces.CommentsClose CommentsPermalink
(b) Matters Covered- The plan under subsection (a) shall address the following:CommentsClose CommentsPermalink
(1) Coordination among the military departments in order to enhance the manpower management and improve overall readiness of special operations forces.CommentsClose CommentsPermalink
(2) Coordination by the commander of the special operations command with the Secretaries of the military departments in order to better execute his responsibility to maintain readiness of special operations forces, including in the areas of accessions, assignments, compensation, promotions, professional development, retention, sustainment, and training.CommentsClose CommentsPermalink
(c) Submission of Plan to Congressional Defense Committees- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit the plan required under subsection (a) to the congressional defense committees, together with such additional comments as the Secretary and the Chairman of the Joint Chiefs of Staff consider appropriate.CommentsClose CommentsPermalink
SEC. 902. DIRECTOR OF OPERATIONAL ENERGY PLANS AND PROGRAMS.CommentsClose CommentsPermalink
(a) Establishment of Position; Duties- Chapter 4 of title 10, United States Code, is amended by inserting after section 139a the following new section:CommentsClose CommentsPermalink
-‘Sec. 139b. Director of Operational Energy Plans and ProgramsCommentsClose CommentsPermalink
‘(a) Appointment- There is a Director of Operational Energy Plans and Programs in the Department of Defense (in this section referred to as the ‘Director’), appointed by the President, by and with the advice and consent of the Senate. The Director shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the office of Director.CommentsClose CommentsPermalink
‘(b) Duties- The Director shall--CommentsClose CommentsPermalink
‘(1) provide leadership and facilitate communication regarding, and conduct oversight to manage and be accountable for, operational energy plans and programs within the Department of Defense and the Army, Navy, Air Force, and Marine Corps;CommentsClose CommentsPermalink
‘(2) establish the operational energy strategy;CommentsClose CommentsPermalink
‘(3) coordinate and oversee planning and program activities of the Department of Defense and the Army, Navy, Air Force, and the Marine Corps related to--CommentsClose CommentsPermalink
‘(A) implementation of the operational energy strategy;CommentsClose CommentsPermalink
‘(B) the consideration of operational energy demands in defense planning, requirements, and acquisition processes; andCommentsClose CommentsPermalink
‘(C) research and development investments related to operational energy demand and supply technologies; andCommentsClose CommentsPermalink
‘(4) monitor and review all operational energy initiatives in the Department of Defense.CommentsClose CommentsPermalink
‘(c) Principal Advisor for Operational Energy Plans and Programs- (1) The Director is the principal adviser to the Secretary of Defense and the Deputy Secretary of Defense regarding operational energy plans and programs and the principal policy official within the senior management of the Department of Defense regarding operational energy plans and programs.CommentsClose CommentsPermalink
‘(2) The Director may communicate views on matters related to operational energy plans and programs and the operational energy strategy required by subsection (d) directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense.CommentsClose CommentsPermalink
‘(d) Operational Energy Strategy- (1) The Director shall be responsible for the establishment and maintenance of a department-wide transformational strategy for operational energy. The strategy shall establish near-term, mid-term, and long-term goals, performance metrics to measure progress in meeting the goals, and a plan for implementation of the strategy within the military departments, the Office of the Secretary of Defense, and Defense Agencies.CommentsClose CommentsPermalink
‘(2) Not later than 90 days after the date on which the Director is first appointed, the Secretary of each of the military departments shall designate a senior official within each armed force under the jurisdiction of the Secretary who will be responsible for operational energy plans and programs for that armed force. The officials shall be responsible for coordinating with the Director and implementing initiatives pursuant to the strategy with regard to that official’s armed force.CommentsClose CommentsPermalink
‘(3) By authority of the Secretary of Defense, the Director shall prescribe policies and procedures for the implementation of the strategy. The Director shall provide guidance to, and consult with, the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, and the officials designated under paragraph (2) with respect to specific operational energy plans and programs to be carried out pursuant to the strategy.CommentsClose CommentsPermalink
‘(4) The initial strategy shall be submitted to the congressional defense committees not later than 180 days after the date on which the Director is first appointed. Subsequent updates to the strategy shall be submitted to the congressional defense committees as soon as practicable after the modifications to the strategy are made.CommentsClose CommentsPermalink
‘(e) Budgetary and Financial Matters- (1) The Director shall review and make recommendations to the Secretary of Defense regarding all budgetary and financial matters relating to the operational energy strategy.CommentsClose CommentsPermalink
‘(2) The Secretary of Defense shall require that the Secretary of each military department and the head of each Defense Agency with responsibility for executing activities associated with the strategy transmit their proposed budget for those activities for a fiscal year to the Director for review before submission of the proposed budget to the Under Secretary of Defense (Comptroller).CommentsClose CommentsPermalink
‘(3) The Director shall review a proposed budget transmitted under paragraph (2) for a fiscal year and, not later than January 31 of the preceding fiscal year, shall submit to the Secretary of Defense a report containing the comments of the Director with respect to the proposed budget, together with the certification of the Director regarding whether the proposed budget is adequate for implementation of the strategy.CommentsClose CommentsPermalink
‘(4) Not later than 10 days after the date on which the budget for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to Congress a report on the proposed budgets for that fiscal year that the Director has not certified under paragraph (3). The report shall include the following:CommentsClose CommentsPermalink
‘(A) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequacy of the proposed budgets.CommentsClose CommentsPermalink
‘(B) Any additional comments that the Secretary considers appropriate regarding the inadequacy of the proposed budgets.CommentsClose CommentsPermalink
‘(5) The report required by paragraph (4) shall also include a separate statement of estimated expenditures and requested appropriations for that fiscal year for the activities of the Director in carrying out the duties of the Director.CommentsClose CommentsPermalink
‘(f) Access to Initiative Results and Records- (1) The Secretary of a military department shall submit to the Director the results of all studies and initiatives conducted by the military department in connection with the operational energy strategy.CommentsClose CommentsPermalink
‘(2) The Director shall have access to all records and data in the Department of Defense (including the records and data of each military department) necessary in order to permit the Director to carry out the duties of the Director.CommentsClose CommentsPermalink
‘(g) Staff- The Director shall have a dedicated professional staff of military and civilian personnel in a number sufficient to enable the Director to carry out the duties and responsibilities of the Director.CommentsClose CommentsPermalink
‘(h) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) OPERATIONAL ENERGY- The term ‘operational energy’ means the energy required for training, moving, and sustaining military forces and weapons platforms for military operations. The term includes energy used by tactical power systems and generators and weapons platforms.CommentsClose CommentsPermalink
‘(2) OPERATIONAL ENERGY STRATEGY- The terms ‘operational energy strategy’ and ‘strategy’ mean the operational energy strategy developed under subsection (d).’.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 139a the following new item:CommentsClose CommentsPermalink
‘139b. Director of Operational Energy Plans and Programs.’.CommentsClose CommentsPermalink
SEC. 903. CORROSION CONTROL AND PREVENTION EXECUTIVES FOR THE MILITARY DEPARTMENTS.CommentsClose CommentsPermalink
(a) Requirement to Designate Corrosion Control and Prevention Executive- Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of each military department with responsibility for acquisition, technology, and logistics shall designate an employee of the military department as the corrosion control and prevention executive. Such executive shall be the senior official in the department with responsibility for coordinating department-level corrosion control and prevention program activities (including budget programming) with the military department and the Office of the Secretary of Defense, the program executive officers of the military departments, and relevant major subordinate commands of the military departments.CommentsClose CommentsPermalink
(b) Duties- (1) The corrosion control and prevention executive of a military department shall ensure that corrosion control and prevention is maintained in the department’s policy and guidance for management of each of the following:CommentsClose CommentsPermalink
(A) System acquisition and production, including design and maintenance.CommentsClose CommentsPermalink
(B) Research, development, test, and evaluation programs and activities.CommentsClose CommentsPermalink
(C) Equipment standardization programs, including international standardization agreements.CommentsClose CommentsPermalink
(D) Logistics research and development initiatives.CommentsClose CommentsPermalink
(E) Logistics support analysis as it relates to integrated logistic support in the materiel acquisition process.CommentsClose CommentsPermalink
(F) Military infrastructure design, construction, and maintenance.CommentsClose CommentsPermalink
(2) The corrosion control and prevention executive of a military department shall be responsible for identifying the funding levels necessary to accomplish the items listed in subparagraphs (A) through (F) of paragraph (1).CommentsClose CommentsPermalink
(3) The corrosion control and prevention executive of a military department shall, in cooperation with the appropriate staff of the department, develop, support, and provide the rationale for resources--CommentsClose CommentsPermalink
(A) to initiate and sustain an effective corrosion control and prevention program in the department;CommentsClose CommentsPermalink
(B) to evaluate the program’s effectiveness; andCommentsClose CommentsPermalink
(C) to ensure that corrosion control and prevention requirements for materiel are reflected in budgeting and policies of the department for the formulation, management, and evaluation of personnel and programs for the entire department, including its reserve components.CommentsClose CommentsPermalink
(4) The corrosion control and prevention executive of a military department shall be the principal point of contact of the department to the Director of Corrosion Policy and Oversight (as assigned under
(5) The corrosion control and prevention executive of a military department shall submit an annual report, not later than December 31 of each year, to the Secretary of Defense containing recommendations pertaining to the corrosion control and prevention program of the military department, including corrosion-related funding levels to carry out all of the duties of the executive under this section.CommentsClose CommentsPermalink
SEC. 904. PARTICIPATION OF DEPUTY CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE ON DEFENSE BUSINESS SYSTEM MANAGEMENT COMMITTEE.CommentsClose CommentsPermalink
(a) Participation- Subsection (a) of
(1) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively;CommentsClose CommentsPermalink
(2) by inserting after paragraph (1) the following new paragraph (2):CommentsClose CommentsPermalink
‘(2) The Deputy Chief Management Officer of the Department of Defense.’; andCommentsClose CommentsPermalink
(3) by striking paragraph (7), as redesignated by paragraph (1), and inserting the following new paragraph:CommentsClose CommentsPermalink
‘(7) The Chief Management Officers of the military departments and the heads of such Defense Agencies as may be designated by the Secretary of Defense.’.CommentsClose CommentsPermalink
(b) Service as Vice Chairman- The second sentence of subsection (b) of such section is amended to read as follows: ‘The Deputy Chief Management Officer of the Department of Defense shall serve as the vice chairman of the Committee, and shall act as chairman in the absence of the Deputy Secretary of Defense.’.CommentsClose CommentsPermalink
SEC. 905. MODIFICATION OF STATUS OF ASSISTANT TO THE SECRETARY OF DEFENSE FOR NUCLEAR AND CHEMICAL AND BIOLOGICAL DEFENSE PROGRAMS.CommentsClose CommentsPermalink
‘(c) The Assistant to the Secretary shall be considered an Assistant Secretary of Defense for purposes of section 138(d) of this title.’.CommentsClose CommentsPermalink
SEC. 906. REQUIREMENT FOR THE SECRETARY OF DEFENSE TO PREPARE A STRATEGIC PLAN TO ENHANCE THE ROLE OF THE NATIONAL GUARD AND RESERVES.CommentsClose CommentsPermalink
(a) Plan- Not later than April 1, 2009, the Secretary of Defense shall prepare a plan for enhancing the roles of the National Guard and Reserve--CommentsClose CommentsPermalink
(1) when federalized in the case of the National Guard, or activated in the case of the Reserves, in support of operations conducted under title 10, United States Code, including the transition of the reserve component of the Armed Forces from a strategic force to an operational reserve;CommentsClose CommentsPermalink
(2) in support of operations conducted under title 32, United States Code, or in support to civil authorities; andCommentsClose CommentsPermalink
(3) with respect to the achievement of a fully-integrated total force (including further development of a continuum of service).CommentsClose CommentsPermalink
(b) Consultation- In preparing the plan under subsection (a), the Secretary of Defense shall take into consideration the advice of the Chairman of the Joint Chiefs of Staff, the Secretary and Chief of Staff of the Army, the Secretary and Chief of Staff of the Air Force, the commander of the United States Northern Command, the Chief of the National Guard Bureau, and other appropriate officials, as determined by the Secretary of Defense.CommentsClose CommentsPermalink
(c) Matters to Be Assessed- In preparing the plan, the Secretary shall assess--CommentsClose CommentsPermalink
(1) the findings, conclusions, and recommendations of the Final Report to Congress and the Secretary of Defense of the Commission on the National Guard and Reserves, dated January 31, 2008, and titled ‘Transforming the National Guard and Reserves into a 21st-Century Operational Force’; andCommentsClose CommentsPermalink
(2) the provisions of H.R. 5603 and S. 2706 of the 110th Congress, as introduced on March 13, 2008 (the National Guard Empowerment and State-National Defense Integration Act of 2008).CommentsClose CommentsPermalink
(d) Report- Not later than April 1, 2009, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the plan required under this section. The report shall include recommendations on--CommentsClose CommentsPermalink
(1) any changes to the current Department of Defense organization, structure, command relationships, budget authority, procurement authority, and compensation and benefits;CommentsClose CommentsPermalink
(2) any legislation that the Secretary considers necessary; andCommentsClose CommentsPermalink
(3) any other matter the Secretary considers appropriate.CommentsClose CommentsPermalink
SEC. 907. GENERAL COUNSEL TO THE INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE.CommentsClose CommentsPermalink
Section 8 of the Inspector General Act of 1978 (50 U.S.C. App. 8) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(h)(1) There is a General Counsel to the Inspector General of the Department of Defense, who shall be appointed by the Inspector General of the Department of Defense.CommentsClose CommentsPermalink
‘(2)(A) Notwithstanding
, the General Counsel is the chief legal officer of the Office of the Inspector General.CommentsClose CommentsPermalink section 140(b) of title 10, United States Code ‘(B) The Inspector General is the exclusive legal client of the General Counsel.CommentsClose CommentsPermalink
‘(C) The General Counsel shall perform such functions as the Inspector General may prescribe.CommentsClose CommentsPermalink
‘(D) The General Counsel shall serve at the discretion of the Inspector General.CommentsClose CommentsPermalink
‘(3) There is an Office of the General Counsel to the Inspector General of the Department of Defense. The Inspector General may appoint to the Office to serve as staff of the General Counsel such legal counsel as the Inspector General considers appropriate.’.CommentsClose CommentsPermalink
SEC. 908. BUSINESS TRANSFORMATION INITIATIVES FOR THE MILITARY DEPARTMENTS.CommentsClose CommentsPermalink
(a) In General- The Secretary of each military department shall, acting through the Chief Management Officer of such military department, carry out an initiative for the business transformation of such military department.CommentsClose CommentsPermalink
(b) Objectives- The objectives of the business transformation initiative of a military department under this section shall include, at a minimum, the following:CommentsClose CommentsPermalink
(1) The development of a comprehensive business transformation plan, with measurable performance goals and objectives, to achieve an integrated management system for the business operations of the military department.CommentsClose CommentsPermalink
(2) The development of a well-defined enterprise-wide business systems architecture and transition plan encompassing end-to-end business processes and capable of providing accurately and timely information in support of business decisions of the military department.CommentsClose CommentsPermalink
(3) The implementation of the business transformation plan developed pursuant to paragraph (1) and the business systems architecture and transition plan developed pursuant to paragraph (2).CommentsClose CommentsPermalink
(c) Business Transformation Offices-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary of each military department shall establish within such military department an office (to be known as the ‘Office of Business Transformation’ of such military department) to assist the Chief Management Officer of such military department in carrying out the initiative required by this section for such military department.CommentsClose CommentsPermalink
(2) HEAD- The Office of Business Transformation of a military department under this subsection shall be headed by a Director of Business Transformation, who shall be appointed by the Chief Management Officer of the military department, in consultation with the Director of the Business Transformation Agency of the Department of Defense, from among individuals with significant experience managing large-scale organizations or business transformation efforts.CommentsClose CommentsPermalink
(3) SUPERVISION- The Director of Business Transformation of a military department under paragraph (2) shall report directly to the Chief Management Officer of the military department, subject to policy guidance from the Director of the Business Transformation Agency of the Department of Defense.CommentsClose CommentsPermalink
(4) AUTHORITY- In carrying out the initiative required by this section for a military department, the Director of Business Transformation of the military department under paragraph (2) shall have the authority to require elements of the military department to carry out actions that are within the purpose and scope of the initiative.CommentsClose CommentsPermalink
(d) Responsibilities of Business Transformation Offices- The Office of Business Transformation of a military department established pursuant to subsection (b) may be responsible for the following:CommentsClose CommentsPermalink
(1) Transforming the budget, finance, accounting, and human resource operations of the military department in a manner that is consistent with the business transformation plan developed pursuant to subsection (b)(1).CommentsClose CommentsPermalink
(2) Eliminating or replacing financial management systems of the military department that are inconsistent with the business systems architecture and transition plan developed pursuant to subsection (b)(2).CommentsClose CommentsPermalink
(3) Ensuring that the business transformation plan and the business systems architecture and transition plan are implemented in a manner that is aggressive, realistic, and accurately measured.CommentsClose CommentsPermalink
(4) Such other responsibilities as the Secretary of that military department determines are appropriate.CommentsClose CommentsPermalink
(e) Required Elements- In carrying out the initiative required by this section for a military department, the Chief Management Officer and the Director of Business Transformation of the military department shall ensure that each element of the initiative is consistent with--CommentsClose CommentsPermalink
(1) the requirements of the Business Enterprise Architecture and Transition Plan developed by the Secretary of Defense pursuant to
(2) the Standard Financial Information Structure of the Department of Defense;CommentsClose CommentsPermalink
(3) the Federal Financial Management Improvement Act of 1996 (and the amendments made by that Act); andCommentsClose CommentsPermalink
(4) other applicable requirements of law and regulation.CommentsClose CommentsPermalink
(f) Reports on Implementation-CommentsClose CommentsPermalink
(1) INITIAL REPORTS- Not later than nine months after the date of the enactment of this Act, the Chief Management Officer of each military department shall submit to the congressional defense committees a report on the actions taken, and on the actions planned to be taken, by such military department to implement the requirements of this section.CommentsClose CommentsPermalink
(2) UPDATES- Not later than March 1 of each of 2010, 2011, and 2012, the Chief Management Officer of each military department shall submit to the congressional defense committees a current update of the report submitted by such Chief Management Officer under paragraph (1).CommentsClose CommentsPermalink
Subtitle B--Space ActivitiesCommentsClose CommentsPermalink
SEC. 911. EXTENSION OF AUTHORITY FOR PILOT PROGRAM FOR PROVISION OF SPACE SURVEILLANCE NETWORK SERVICES TO ENTITIES OUTSIDE UNITED STATES GOVERNMENT.CommentsClose CommentsPermalink
SEC. 912. INVESTMENT AND ACQUISITION STRATEGY FOR COMMERCIAL SATELLITE CAPABILITIES.CommentsClose CommentsPermalink
(a) Requirement- The Secretary of Defense shall conduct an assessment to determine a recommended investment and acquisition strategy for commercial satellite capabilities.CommentsClose CommentsPermalink
(b) Elements- The assessment required under subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) Review of national and defense policy relevant to the requirements for, acquisition of, and use of commercial satellite capabilities, and the relationship with commercial satellite providers.CommentsClose CommentsPermalink
(2) Assessment of the manner in which commercial satellite capabilities are used by the Department of Defense and options for expanding such use or identifying new means to leverage commercial satellite capabilities, such as hosting payloads.CommentsClose CommentsPermalink
(3) Review of military requirements for satellite communications and remote sensing by quantity, quality, timeline, and any other metric considered appropriate.CommentsClose CommentsPermalink
(4) Description of current and planned commercial satellite capabilities and an assessment of their ability to meet the requirements identified in paragraph (3).CommentsClose CommentsPermalink
(5) Assessment of the ability of commercial satellite capabilities to meet other military requirements not identified in paragraph (3).CommentsClose CommentsPermalink
(6) Description of the use of and resources allocated to commercial satellite communications and remote sensing needed to meet the requirements identified in paragraph (3) during--CommentsClose CommentsPermalink
(A) the five-year period preceding the date of the assessment;CommentsClose CommentsPermalink
(B) the period from the date of the assessment through the fiscal years covered under the future-years defense program under
(C) the period beyond the fiscal years covered under the future-years defense program under such section 221.CommentsClose CommentsPermalink
(7) Assessment of purchasing patterns that may lead to recommendations in which the Department may consolidate requirements, centralize operations, aggregate purchases, or leverage purchasing power (including the use of multiyear contracting).CommentsClose CommentsPermalink
(8) Assessment of various models for acquiring commercial satellite capabilities, including funding, management, and operations models.CommentsClose CommentsPermalink
(c) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than February 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the results of the assessment required under subsection (a) and provide recommendations, including--CommentsClose CommentsPermalink
(A) the recommended investment and acquisition strategy of the Department for commercial satellite capabilities;CommentsClose CommentsPermalink
(B) how the investment and acquisition strategy should be addressed in fiscal years after fiscal year 2010; andCommentsClose CommentsPermalink
(C) a proposal for such legislative action as the Secretary considers necessary to acquire appropriate types and amounts of commercial satellite capabilities.CommentsClose CommentsPermalink
(2) FORM- The report shall be in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
(d) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term ‘commercial satellite capabilities’ means the system, capability, or service provided by a commercial satellite provider.CommentsClose CommentsPermalink
(2) The term ‘commercial satellite provider’ refers to privately owned and operated space systems, their technology, components, products, data, services, and related information, as well as foreign systems whose products and services are sold commercially.CommentsClose CommentsPermalink
SEC. 913. SPACE POSTURE REVIEW.CommentsClose CommentsPermalink
(a) Requirement for Comprehensive Review- In order to clarify the national security space policy and strategy of the United States for the near term, the Secretary of Defense and the Director of National Intelligence shall jointly conduct a comprehensive review of the space posture of the United States over the posture review period.CommentsClose CommentsPermalink
(b) Elements of Review- The review conducted under subsection (a) shall include, for the posture review period, the following:CommentsClose CommentsPermalink
(1) The definition, policy, requirements, and objectives for each of the following:CommentsClose CommentsPermalink
(A) Space situational awareness.CommentsClose CommentsPermalink
(B) Space control.CommentsClose CommentsPermalink
(C) Space superiority, including defensive and offensive counterspace and protection.CommentsClose CommentsPermalink
(D) Force enhancement and force application.CommentsClose CommentsPermalink
(E) Space-based intelligence and surveillance and reconnaissance from space.CommentsClose CommentsPermalink
(F) Integration of space and ground control and user equipment.CommentsClose CommentsPermalink
(G) Any other matter the Secretary considers relevant to understanding the space posture of the United States.CommentsClose CommentsPermalink
(2) A description of current and planned space acquisition programs that are in acquisition categories 1 and 2, including how each program will address the policy, requirements, and objectives described under each of subparagraphs (A) through (G) of paragraph (1).CommentsClose CommentsPermalink
(3) A description of future space systems and technology development (other than such systems and technology in development as of the date of the enactment of this Act) necessary to address the policy, requirements, and objectives described under each of subparagraphs (A) through (G) of paragraph (1).CommentsClose CommentsPermalink
(4) An assessment of the relationship among the following:CommentsClose CommentsPermalink
(A) Military space policy.CommentsClose CommentsPermalink
(B) National security space policy.CommentsClose CommentsPermalink
(C) National security space objectives.CommentsClose CommentsPermalink
(D) Arms control policy.CommentsClose CommentsPermalink
(E) Export control policy.CommentsClose CommentsPermalink
(F) Industrial base policy.CommentsClose CommentsPermalink
(5) An assessment of the effect of the military and national security space policy of the United States on the proliferation of weapons capable of targeting objects in space or objects on Earth from space.CommentsClose CommentsPermalink
(c) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than December 1, 2009, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the congressional committees specified in paragraph (3) a report on the review conducted under subsection (a).CommentsClose CommentsPermalink
(2) FORM OF REPORT- The report under this subsection shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
(3) COMMITTEES- The congressional committees specified in this paragraph are--CommentsClose CommentsPermalink
(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.CommentsClose CommentsPermalink
(d) Posture Review Period Defined- In this section, the term ‘posture review period’ means the 10-year period beginning on February 1, 2009.CommentsClose CommentsPermalink
Subtitle C--Chemical Demilitarization ProgramCommentsClose CommentsPermalink
SEC. 921. RESPONSIBILITIES FOR CHEMICAL DEMILITARIZATION CITIZENS’ ADVISORY COMMISSIONS IN COLORADO AND KENTUCKY.CommentsClose CommentsPermalink
Section 172 of the National Defense Authorization Act for Fiscal Year 1993 (
(1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (e) the following new subsection (f):CommentsClose CommentsPermalink
‘(f) Colorado and Kentucky Chemical Demilitarization Citizens’ Advisory Commissions- (1) Notwithstanding subsections (b), (g), and (h), and consistent with section 142 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (
note) and section 8122 of the Department of Defense Appropriations Act, 2003 ( 50 U.S.C. 1521 ; 116 Stat. 1566; Public Law 107-248 note), the Secretary of the Army shall transfer responsibilities for the Chemical Demilitarization Citizens’ Advisory Commissions in Colorado and Kentucky to the Program Manager for Assembled Chemical Weapons Alternatives.CommentsClose CommentsPermalink 50 U.S.C. 1521 ‘(2) In carrying out the responsibilities transferred under paragraph (1), the Program Manager for Assembled Chemical Weapons Alternatives shall take appropriate actions to ensure that each Commission referred to in paragraph (1) retains the capacity to receive citizen and State concerns regarding the ongoing chemical demilitarization program in the State concerned.CommentsClose CommentsPermalink
‘(3) A representative of the Office of the Assistant to the Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs shall meet with each Commission referred to in paragraph (1) not less often than twice a year.CommentsClose CommentsPermalink
‘(4) Funds appropriated for the Assembled Chemical Weapons Alternatives Program shall be available for travel and associated travel costs for Commissioners on the Commissions referred to in paragraph (1) when such travel is conducted at the invitation of the Special Assistant for Chemical and Biological Defense and Chemical Demilitarization Programs of the Department of Defense.’.CommentsClose CommentsPermalink
SEC. 922. COST-BENEFIT ANALYSIS OF FUTURE TREATMENT OF HYDROLYSATE AT PUEBLO CHEMICAL DEPOT, COLORADO.CommentsClose CommentsPermalink
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) The Pueblo Chemical Agent Destruction Pilot Plant, Colorado, is not planned to begin chemical agent destruction operations until 2015.CommentsClose CommentsPermalink
(2) There will be no hydrolysate byproduct of chemical agent neutralization at the Pueblo Chemical Depot, Colorado, until after chemical agent destruction operations begin.CommentsClose CommentsPermalink
(3) The Department of Defense has no plans to produce, treat, store, or transport hydrolysate at the Pueblo Chemical Depot, Colorado, during fiscal year 2009.CommentsClose CommentsPermalink
(4) A January 10, 2007, Department of Defense Acquisition Decision Memorandum requires the Program Manager for the Assembled Chemical Weapons Alternatives to continue to pursue off-site treatment and disposal of hydrolysate as long as doing so would be safe, efficient, and economically beneficial.CommentsClose CommentsPermalink
(b) Cost-Benefit Analysis- The Secretary of Defense shall perform a cost-benefit analysis of future on-site and off-site options for treatment and disposal of hydrolysate expected to be produced at the Pueblo Chemical Depot, Colorado.CommentsClose CommentsPermalink
(c) Report- Together with the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2010 (as submitted with the budget of the President under
(d) Notice and Wait- After the submission of the report required by subsection (c), if the Secretary of Defense decides to transport hydrolysate from Pueblo Chemical Depot, Colorado, to an off-site location during fiscal year 2009, the Department shall not commence such transport until 60 days after the Secretary provides written notice to the congressional defense committees of the Department’s intent to conduct such transport.CommentsClose CommentsPermalink
Subtitle D--Intelligence-Related MattersCommentsClose CommentsPermalink
SEC. 931. TECHNICAL CHANGES FOLLOWING THE REDESIGNATION OF NATIONAL IMAGERY AND MAPPING AGENCY AS NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.CommentsClose CommentsPermalink
(a) Technical Changes to United States Code-CommentsClose CommentsPermalink
(1) TITLE 5- Title 5, United States Code, is amended by striking ‘National Imagery and Mapping Agency’ each place it appears and inserting ‘National Geospatial-Intelligence Agency’.CommentsClose CommentsPermalink
(2) TITLE 44- Title 44, United States Code, is 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-CommentsClose CommentsPermalink
(1) ETHICS IN GOVERNMENT ACT OF 1978- Section 105(a)(1) of the Ethics in Government Act of 1978 (
(2) INSPECTOR GENERAL ACT OF 1978- Section 8H of the Inspector General Act of 1978 (
(A) in subsection (a)(1)(A), by striking ‘National Imagery and Mapping Agency’ and inserting ‘National Geospatial-Intelligence Agency’; andCommentsClose CommentsPermalink
(B) in subsection (g)(1), by striking ‘National Imagery and Mapping Agency’ and inserting ‘National Geospatial-Intelligence Agency’.CommentsClose CommentsPermalink
(3) EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988- Section 7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988 (
(4) LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1993- Section 207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993 (
(5) HOMELAND SECURITY ACT OF 2002- Section 201(e)(2) of the Homeland Security Act of 2002 (
SEC. 932. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE, ARISING FROM ENACTMENT OF THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004.CommentsClose CommentsPermalink
(a) References to Head of Intelligence Community- Title 10, United States Code, is amended by striking ‘Director of Central Intelligence’ each place it appears and inserting ‘Director of National Intelligence’ in the following:CommentsClose CommentsPermalink
(1) Section 193(d)(2).CommentsClose CommentsPermalink
(2) Section 193(e).CommentsClose CommentsPermalink
(3) Section 201(a).CommentsClose CommentsPermalink
(4) Section 201(b)(1).CommentsClose CommentsPermalink
(5) Section 201(c)(1).CommentsClose CommentsPermalink
(6) Section 425(a).CommentsClose CommentsPermalink
(7) Section 431(b)(1).CommentsClose CommentsPermalink
(8) Section 441(c).CommentsClose CommentsPermalink
(9) Section 441(d).CommentsClose CommentsPermalink
(10) Section 443(d).CommentsClose CommentsPermalink
(11) Section 2273(b)(1).CommentsClose CommentsPermalink
(12) Section 2723(a).CommentsClose CommentsPermalink
(b) Clerical Amendments- Such title is further amended by striking ‘Director of Central Intelligence’ each place it appears and inserting ‘Director of National Intelligence’ in the following:CommentsClose CommentsPermalink
(1) Section 441(c).CommentsClose CommentsPermalink
(2) Section 443(d).CommentsClose CommentsPermalink
(c) Reference to Head of Central Intelligence Agency- Section 444 of such title is amended by striking ‘Director of Central Intelligence’ each place it appears and inserting ‘Director of the Central Intelligence Agency’.CommentsClose CommentsPermalink
SEC. 933. TECHNICAL AMENDMENTS RELATING TO THE ASSOCIATE DIRECTOR OF THE CIA FOR MILITARY AFFAIRS.CommentsClose CommentsPermalink
(1) in the heading, by striking ‘Military Support’ and inserting ‘Military Affairs’; andCommentsClose CommentsPermalink
(2) by striking ‘Military Support’ and inserting ‘Military Affairs’.CommentsClose CommentsPermalink
Subtitle E--Other MattersCommentsClose CommentsPermalink
SEC. 941. ENHANCEMENT OF AUTHORITIES RELATING TO DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR SECURITY STUDIES.CommentsClose CommentsPermalink
(a) Availability of Funds for Activities Across Fiscal Years-CommentsClose CommentsPermalink
(1) IN GENERAL-
‘(6) Funds available to carry out this section, including funds accepted under paragraph (4) and funds available under paragraph (5), shall be available, to the extent provided in appropriations Acts, for programs and activities under this section that begin in a fiscal year and end in the following fiscal year.’.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on October 1, 2008, and shall apply with respect to programs and activities under
(b) Temporary Waiver of Reimbursement of Costs of Activities for Nongovernmental Personnel-CommentsClose CommentsPermalink
(1) AUTHORITY FOR TEMPORARY WAIVER- In fiscal years 2009 and 2010, the Secretary of Defense may, with the concurrence of the Secretary of State, waive reimbursement otherwise required under subsection (f) of
(2) LIMITATION- The amount of reimbursement that may be waived under paragraph (1) in any fiscal year may not exceed $1,000,000.CommentsClose CommentsPermalink
(3) ANNUAL REPORT- The Secretary of Defense shall include in the annual report under
SEC. 942. RESTRICTION ON OBLIGATION OF FUNDS FOR UNITED STATES SOUTHERN COMMAND DEVELOPMENT ASSISTANCE ACTIVITIES.CommentsClose CommentsPermalink
(a) Report and Certification Required- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the development assistance activities carried out by the United States Southern Command during fiscal year 2008 and planned for fiscal year 2009 and containing a certification by the Secretary that such development assistance activities--CommentsClose CommentsPermalink
(1) will not adversely diminish the ability of the United States Southern Command or its components to carry out its combat or military missions;CommentsClose CommentsPermalink
(2) do not divert resources from funded or unfunded requirements of the United States Southern Command in connection with the role of the Department of Defense under
(3) are not unnecessarily duplicative of activities already conducted or planned to be conducted by any other Federal department or agency during fiscal year 2009; andCommentsClose CommentsPermalink
(4) are designed, planned, and conducted to complement joint training and exercises, host-country capacity building, or similar activities directly connected to the responsibilities of the United States Southern Command.CommentsClose CommentsPermalink
(b) Restriction on Obligation of Funds Pending Certification- Of the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for fiscal year 2009 for operation and maintenance for the United States Southern Command, not more than 90 percent may be obligated or expended until 30 days after the certification required by subsection (a) is received by the congressional defense committees.CommentsClose CommentsPermalink
(c) Development Assistance Activities Defined- In this section, the term ‘development assistance activities’ means assistance activities carried out by the United States Southern Command that are comparable to the assistance activities carried out by the United States under--CommentsClose CommentsPermalink
(1) chapters 1, 10, 11, and 12 of part I of the Foreign Assistance Act of 1961 (
(2) any other provision of law for purposes comparable to the purposes for which assistance activities are carried out under the provisions of law referred to in paragraph (1).CommentsClose CommentsPermalink
SEC. 943. AUTHORIZATION OF NON-CONVENTIONAL ASSISTED RECOVERY CAPABILITIES.CommentsClose CommentsPermalink
(a) Non-Conventional Assisted Recovery Capabilities- Upon a determination by a commander of a combatant command that an action is necessary in connection with a non-conventional assisted recovery effort, and with the concurrence of the relevant Chief of Mission or Chiefs of Mission, an amount not to exceed $20,000,000 of the funds appropriated pursuant to an authorization of appropriations or otherwise made available for ‘Operation and Maintenance, Navy’ may be used to establish, develop, and maintain non-conventional assisted recovery capabilities.CommentsClose CommentsPermalink
(b) Procedures- The Secretary of Defense shall establish procedures for the exercise of the authority under subsection (a). The Secretary shall notify the congressional defense committees of those procedures before any exercise of that authority.CommentsClose CommentsPermalink
(c) Authorized Activities- Non-conventional assisted recovery capabilities authorized under subsection (a) may, in limited and special circumstances, include the provision of support to foreign forces, irregular forces, groups, or individuals in order to facilitate the recovery of Department of Defense or Coast Guard military or civilian personnel, or other individuals who, while conducting activities in support of United States military operations, become separated or isolated and cannot rejoin their units without the assistance authorized in subsection (a). Such support may include the provision of limited amounts of equipment, supplies, training, transportation, or other logistical support or funding.CommentsClose CommentsPermalink
(d) Notice to Congress on Use of Authority- Upon using the authority in subsection (a) to make funds available for support of non-conventional assisted recovery activities, the Secretary of Defense shall notify the congressional defense committees within 72 hours of the use of such authority with respect to support of such activities. Any such notice shall be in writing.CommentsClose CommentsPermalink
(e) Annual Report- Not later than 30 days after the close of each fiscal year during which subsection (a) is in effect, the Secretary of Defense shall submit to the congressional defense committees a report on support provided under that subsection during that fiscal year. Each such report shall describe the support provided, including a statement of the recipient of support and the amount obligated to provide the support.CommentsClose CommentsPermalink
(f) Limitation on Intelligence Activities- This section does not constitute authority to conduct a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (
(g) Limitation on Foreign Assistance Activities- This section does not constitute authority--CommentsClose CommentsPermalink
(1) to build the capacity of foreign military forces or provide security and stabilization assistance, as described in sections 1206 and 1207 of the National Defense Authorization Act for Fiscal Year 2006 (
(2) to provide assistance that is otherwise prohibited by any other provision in law, including any provision of law relating to the control of exports of defense articles or defense services.CommentsClose CommentsPermalink
(h) Period of Authority- The authority under this section is in effect during each of the fiscal years 2009 through 2011.CommentsClose CommentsPermalink
SEC. 944. REPORT ON HOMELAND DEFENSE AND CIVIL SUPPORT ISSUES.CommentsClose CommentsPermalink
(a) Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on certain homeland defense and civil support issues.CommentsClose CommentsPermalink
(b) Elements- The report required under subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) A description of the progress made by the Department of Defense to address the concerns related to the United States Northern Command identified in the Comptroller General reports GAO-08-251 and GAO-08-252, including improved coordination with other agencies.CommentsClose CommentsPermalink
(2) A detailed description of the plans and progress made by the Department of Defense to establish forces assigned the mission of managing the consequences of an incident in the United States homeland involving a chemical, biological, radiological, or nuclear device, or high-yield explosives.CommentsClose CommentsPermalink
SEC. 945. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS.CommentsClose CommentsPermalink
(a) In General- Not later than 6 months after the date of enactment of this Act, the Chief of the National Guard Bureau shall submit to the Secretary of Defense a report--CommentsClose CommentsPermalink
(1) detailing the extent to which the various provisions in title XVIII of the National Defense Authorization Act for Fiscal Year 2008 (
(2) assessing the adequacy of Department of Defense funding for the resource requirements of the National Guard.CommentsClose CommentsPermalink
(b) Report to Congress- Not later than 30 days after the Secretary of Defense receives the report under subsection (a), the Secretary shall submit to Congress such report, along with any explanatory comments the Secretary considers necessary.CommentsClose CommentsPermalink
TITLE X--GENERAL PROVISIONSCommentsClose CommentsPermalink
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.CommentsClose CommentsPermalink
Sec. 1002. One-time shift of military retirement payments.CommentsClose CommentsPermalink
Sec. 1003. Management of purchase cards.CommentsClose CommentsPermalink
Sec. 1004. Codification of recurring authority on United States contributions to the North Atlantic Treaty Organization common-funded budgets.CommentsClose CommentsPermalink
Sec. 1005. Incorporation of funding decisions into law.CommentsClose CommentsPermalink
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas.CommentsClose CommentsPermalink
Sec. 1012. Report on repair of naval vessel in foreign shipyards.CommentsClose CommentsPermalink
Sec. 1013. Report on plan for disposal of certain vessels stricken from the Naval Vessel Register.CommentsClose CommentsPermalink
Sec. 1014. Reimbursement of expenses for certain Navy mess operations.CommentsClose CommentsPermalink
Sec. 1015. Policy relating to major combatant vessels of the strike forces of the United States Navy.CommentsClose CommentsPermalink
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of reporting requirement regarding Department of Defense expenditures to support foreign counter-drug activities.CommentsClose CommentsPermalink
Sec. 1022. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.CommentsClose CommentsPermalink
Sec. 1023. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and continuation of numerical limitation on assignment of United States personnel.CommentsClose CommentsPermalink
Sec. 1024. Expansion and extension of authority to provide additional support for counter-drug activities of certain foreign governments.CommentsClose CommentsPermalink
Sec. 1025. Comprehensive Department of Defense strategy for counter-narcotics efforts for United States Africa Command.CommentsClose CommentsPermalink
Sec. 1026. Comprehensive Department of Defense strategy for counter-narcotics efforts in South and Central Asian regions.CommentsClose CommentsPermalink
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Enhancement of the capacity of the United States Government to conduct complex operations.CommentsClose CommentsPermalink
Sec. 1032. Crediting of admiralty claim receipts for damage to property funded from a Department of Defense working capital fund.CommentsClose CommentsPermalink
Sec. 1033. Minimum annual purchase requirements for charter air transportation services from carriers participating in the Civil Reserve Air Fleet.CommentsClose CommentsPermalink
Sec. 1034. Semi-annual reports on status of Navy Next Generation Enterprise Networks program.CommentsClose CommentsPermalink
Sec. 1035. Sense of Congress on nuclear weapons management.CommentsClose CommentsPermalink
Sec. 1036. Sense of Congress on joint Department of Defense-Federal Aviation Administration executive committee on conflict and dispute resolution.CommentsClose CommentsPermalink
Sec. 1037. Sense of Congress on sale of new outsize cargo, strategic airlift aircraft for civilian use.CommentsClose CommentsPermalink
Subtitle E--Studies and Reports
Sec. 1041. Report on corrosion control and prevention.CommentsClose CommentsPermalink
Sec. 1042. Study on using Modular Airborne Fire Fighting Systems (MAFFS) in a Federal response to wildfires.CommentsClose CommentsPermalink
Sec. 1043. Study on rotorcraft survivability.CommentsClose CommentsPermalink
Sec. 1044. Report on nuclear weapons.CommentsClose CommentsPermalink
Sec. 1045. Report on compliance by Department of Defense with Guam tax and licensing laws.CommentsClose CommentsPermalink
Sec. 1046. Report on detention operations in Iraq.CommentsClose CommentsPermalink
Sec. 1047. Review of bandwidth capacity requirements of the Department of Defense and the intelligence community.CommentsClose CommentsPermalink
Sec. 1048. Review of findings and recommendations applicable to the Department of Defense regarding electromagnetic pulse attack.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 1051. Additional information under annual submissions of information regarding information technology capital assets.CommentsClose CommentsPermalink
Sec. 1052. Submission to Congress of revision to regulation on enemy prisoners of war, retained personnel, civilian internees, and other detainees.CommentsClose CommentsPermalink
Sec. 1053. Barnegat Inlet to Little Egg Inlet, New Jersey.CommentsClose CommentsPermalink
Sec. 1054. Standing advisory panel on improving coordination among the Department of Defense, the Department of State, and the United States Agency for International Development on matters of national security.CommentsClose CommentsPermalink
Sec. 1055. Reports on strategic communication and public diplomacy activities of the Federal Government.CommentsClose CommentsPermalink
Sec. 1056. Prohibitions relating to propaganda.CommentsClose CommentsPermalink
Sec. 1057. Sense of Congress on interrogation of detainees by contractor personnel.CommentsClose CommentsPermalink
Sec. 1058. Sense of Congress with respect to videotaping or otherwise electronically recording strategic intelligence interrogations of persons in the custody of or under the effective control of the Department of Defense.CommentsClose CommentsPermalink
Sec. 1059. Modification of deadlines for standards required for entry to military installations in the United States.CommentsClose CommentsPermalink
Sec. 1060. Extension of certain dates for Congressional Commission on the Strategic Posture of the United States.CommentsClose CommentsPermalink
Sec. 1061. Technical and clerical amendments.CommentsClose CommentsPermalink
Sec. 1062. Notification of Committees on Armed Services with respect to certain nonproliferation and proliferation activities.CommentsClose CommentsPermalink
Sec. 1063. Assessment of security measures at consolidated center for North American Aerospace Defense Command and United States Northern Command.CommentsClose CommentsPermalink
Subtitle A--Financial MattersCommentsClose CommentsPermalink
SEC. 1001. GENERAL TRANSFER AUTHORITY.CommentsClose CommentsPermalink
(a) Authority To Transfer Authorizations-CommentsClose CommentsPermalink
(1) AUTHORITY- Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2009 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.CommentsClose CommentsPermalink
(2) LIMITATION- Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $4,200,000,000.CommentsClose CommentsPermalink
(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS- A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).CommentsClose CommentsPermalink
(b) Limitations- The authority provided by this section to transfer authorizations--CommentsClose CommentsPermalink
(1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; andCommentsClose CommentsPermalink
(2) may not be used to provide authority for an item that has been denied authorization by Congress.CommentsClose CommentsPermalink
(c) Effect on Authorization Amounts- A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.CommentsClose CommentsPermalink
(d) Notice to Congress- The Secretary shall promptly notify Congress of each transfer made under subsection (a).CommentsClose CommentsPermalink
SEC. 1002. ONE-TIME SHIFT OF MILITARY RETIREMENT PAYMENTS.CommentsClose CommentsPermalink
(a) Reduction of Payments- Notwithstanding any other provision of law, any amounts that would otherwise be payable from the fund to individuals for the month of August 2013 (with disbursements scheduled for September 2013) shall be reduced by 1 percent.CommentsClose CommentsPermalink
(b) Reversion- Beginning on September 1, 2013 (with disbursements beginning in October 2013), amounts payable to individuals from the fund shall revert back to amounts as specified in law as if the reduction in subsection (a) did not take place.CommentsClose CommentsPermalink
(c) Refund- Any individual who has a payment reduced under subsection (a) shall receive a one-time payment, from the fund, in an amount equal to the amount of such reduction. This one-time payment shall be included with disbursements from the fund scheduled for October 2013.CommentsClose CommentsPermalink
(d) Fund- In this section, the term ‘fund’ refers to the Department of Defense Military Retirement Fund established by
(e) Transfer- Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall transfer $40,000,000 from the unobligated balances of the National Defense Stockpile Transaction Fund to the Miscellaneous Receipts Fund of the United States Treasury to offset estimated costs arising from section 702 and the amendments made by such section.CommentsClose CommentsPermalink
SEC. 1003. MANAGEMENT OF PURCHASE CARDS.CommentsClose CommentsPermalink
(a) Penalties for Violations-
‘(1) provide--CommentsClose CommentsPermalink
‘(A) for the reimbursement of charges for unauthorized or erroneous purchases, in appropriate cases; andCommentsClose CommentsPermalink
‘(B) for’.CommentsClose CommentsPermalink
(b) Required Report- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing actions to be taken by the Department of Defense to implement the recommendations of the Government Accountability Office in its report titled ‘Actions Needed to Strengthen Internal Controls to Reduce Fraudulent, Improper, and Abusive Purchases’ (GAO-08-333) to improve safeguards and internal controls on the use of agency purchase cards.CommentsClose CommentsPermalink
SEC. 1004. CODIFICATION OF RECURRING AUTHORITY ON UNITED STATES CONTRIBUTIONS TO THE NORTH ATLANTIC TREATY ORGANIZATION COMMON-FUNDED BUDGETS.CommentsClose CommentsPermalink
(a) Codification of Authority-CommentsClose CommentsPermalink
(1) IN GENERAL- Subchapter II of chapter 134 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
-‘Sec. 2263. United States contributions to the North Atlantic Treaty Organization common-funded budgetsCommentsClose CommentsPermalink
‘(a) In General- The total amount contributed by the Secretary of Defense in any fiscal year for the common-funded budgets of NATO may be an amount in excess of the maximum amount that would otherwise be applicable to those contributions in such fiscal year under the fiscal year 1998 baseline limitation.CommentsClose CommentsPermalink
‘(b) Reports- (1) Not later than October 30 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the contributions made by the Secretary to the common-funded budgets of NATO in the preceding fiscal year.CommentsClose CommentsPermalink
‘(2) Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following:CommentsClose CommentsPermalink
‘(A) The amounts contributed by the Secretary to each of the separate budgets and programs of the North Atlantic Treaty Organization under the common-funded budgets of NATO.CommentsClose CommentsPermalink
‘(B) For each budget and program to which the Secretary made such a contribution, the percentage of such budget or program during the fiscal year that such contribution represented.CommentsClose CommentsPermalink
‘(c) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) COMMON-FUNDED BUDGETS OF NATO- The term ‘common-funded budgets of NATO’ means the Military Budget, the Security Investment Program, and the Civil Budget of the North Atlantic Treaty Organization (and any successor or additional account or program of NATO).CommentsClose CommentsPermalink
‘(2) FISCAL YEAR 1998 BASELINE LIMITATION- The term ‘fiscal year 1998 baseline limitation’ means the maximum annual amount of Department of Defense contributions for common-funded budgets of NATO that is set forth as the annual limitation in section 3(2)(C)(ii) of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic (as defined in section 4(7) of that resolution), approved by the Senate on April 30, 1998.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter II of chapter 134 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘2263. United States contributions to the North Atlantic Treaty Organization common-funded budgets.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by this section shall take effect on October 1, 2008, and shall apply to fiscal years that begin on or after that date.CommentsClose CommentsPermalink
SEC. 1005. INCORPORATION OF FUNDING DECISIONS INTO LAW.CommentsClose CommentsPermalink
(a) Amounts Specified in Joint Explanatory Statement Are Authorized by Law- Wherever a funding table in the Joint Explanatory Statement which is to be printed in the Congressional Record on or about September 23, 2008, to explain the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 specifies a dollar amount for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the indicated project, program, or activity is hereby authorized by law to be carried out to the same extent as if included in the text of the Act, subject to the availability of appropriations.CommentsClose CommentsPermalink
(b) Merit-Based Decisions- Decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of dollar amount authorized pursuant to subsection (a) shall be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, and other applicable provisions of law.CommentsClose CommentsPermalink
(c) Relationship to Transfer and Reprogramming Authority- This section does not prevent an amount covered by this section from being transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount incorporated into the Act by this section shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.CommentsClose CommentsPermalink
(d) Applicability to Classified Annex- This section applies to any classified annex to the Joint Explanatory Statement referred to in subsection (a).CommentsClose CommentsPermalink
(e) Oral and Written Communication- No oral or written communication concerning any amount specified in the Joint Explanatory Statement referred to in subsection (a) shall supersede the requirements of this section.CommentsClose CommentsPermalink
Subtitle B--Policy Relating to Vessels and ShipyardsCommentsClose CommentsPermalink
SEC. 1011. CONVEYANCE, NAVY DRYDOCK, ARANSAS PASS, TEXAS.CommentsClose CommentsPermalink
(a) Conveyance Authorized- The Secretary of the Navy is authorized to convey the floating drydock AFDL-23, located in Aransas Pass, Texas, to Gulf Copper Ship Repair, that company being the current lessee of the drydock.CommentsClose CommentsPermalink
(b) Condition of Conveyance- The Secretary shall require as a condition of the conveyance under subsection (a) that the drydock remain at the facilities of Gulf Copper Ship Repair, at Aransas Pass, Texas, until at least September 30, 2010.CommentsClose CommentsPermalink
(c) Consideration- As consideration for the conveyance of the drydock under subsection (a), the purchaser shall provide compensation to the United States the value of which, as determined by the Secretary, is equal to the fair market value of the drydock, as determined by the Secretary. The Secretary shall take into account amounts paid by, or due and owing from, the lessee.CommentsClose CommentsPermalink
(d) Transfer at No Cost to United States- The provisions of
(e) Additional Terms and Conditions- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.CommentsClose CommentsPermalink
SEC. 1012. REPORT ON REPAIR OF NAVAL VESSEL IN FOREIGN SHIPYARDS.CommentsClose CommentsPermalink
‘(c) Report- (1) The Secretary of the Navy shall submit to Congress each year, at the time that the President’s budget is submitted to Congress that year under section 1105(a) of title 31, a report listing all repairs and maintenance performed on any covered naval vessel that has undergone work for the repair of the vessel in any shipyard outside the United States or Guam (in this section referred to as a ‘foreign shipyard’) during the fiscal year preceding the fiscal year in which the report is submitted.CommentsClose CommentsPermalink
‘(2) The report shall include the percentage of the annual ship repair budget of the Navy that was spent on repair of covered naval vessels in foreign shipyards during the fiscal year covered by the report.CommentsClose CommentsPermalink
‘(3) The report also shall include the following with respect to each covered naval vessel:CommentsClose CommentsPermalink
‘(A) The justification under law for the repair in a foreign shipyard.CommentsClose CommentsPermalink
‘(B) The name and class of vessel repaired.CommentsClose CommentsPermalink
‘(C) The category of repair and whether the repair qualified as voyage repair as defined in Commander Military Sealift Command Instruction 4700.15C (September 13, 2007) or Joint Fleet Maintenance Manual (Commander Fleet Forces Command Instruction 4790.3 Revision A, Change 7), Volume III. Scheduled availabilities are to be considered as a composite and reported as a single entity without individual repair and maintenance items listed separately.CommentsClose CommentsPermalink
‘(D) The shipyard where the repair work was carried out.CommentsClose CommentsPermalink
‘(E) The number of days the vessel was in port for repair.CommentsClose CommentsPermalink
‘(F) The cost of the repair and the amount (if any) that the cost of the repair was less than or greater than the cost of the repair provided for in the contract.CommentsClose CommentsPermalink
‘(G) The schedule for repair, the amount of work accomplished (stated in terms of work days), whether the repair was accomplished on schedule, and, if not so accomplished, the reason for the schedule over-run.CommentsClose CommentsPermalink
‘(H) The homeport or location of the vessel prior to its voyage for repair.CommentsClose CommentsPermalink
‘(I) Whether the repair was performed under a contract awarded through the use of competitive procedures or procedures other than competitive procedures.CommentsClose CommentsPermalink
‘(4) In this subsection, the term ‘covered naval vessel’ means any of the following:CommentsClose CommentsPermalink
‘(A) A naval vessel.CommentsClose CommentsPermalink
‘(B) Any other vessel under the jurisdiction of the Secretary of the Navy.’.CommentsClose CommentsPermalink
SEC. 1013. REPORT ON PLAN FOR DISPOSAL OF CERTAIN VESSELS STRICKEN FROM THE NAVAL VESSEL REGISTER.CommentsClose CommentsPermalink
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy, in consultation with the Administrator of the Maritime Administration, shall submit to the congressional defense committees a report containing--CommentsClose CommentsPermalink
(1) a plan for the sale and disposal of each vessel over 50,000 tons light ship displacement stricken from the Naval Vessel Register but not yet disposed of by the Navy or the Maritime Administration; andCommentsClose CommentsPermalink
(2) the estimated contribution to the domestic market for steel and other metals that might be made from the scrapping of such vessels.CommentsClose CommentsPermalink
SEC. 1014. REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS OPERATIONS.CommentsClose CommentsPermalink
(a) Authority for Payment- Of the amounts appropriated for operation and maintenance for the Navy, not more that $1,000,000 may be used to pay the charge established under
(1) Members of nongovernmental organizations and officers or employees of host and foreign nations when participating in or providing support to United States civil-military operations.CommentsClose CommentsPermalink
(2) Foreign national patients treated on Naval vessels during the conduct of United States civil-military operations, and their escorts.CommentsClose CommentsPermalink
(b) Expiration of Authority- The authority to pay for meals under subsection (a) shall expire on September 30, 2010.CommentsClose CommentsPermalink
(c) Report- Not later than March 31 of each year during which the authority to pay for meals under subsection (a) is in effect, the Secretary of Defense shall submit to Congress a report on the use of such authority.CommentsClose CommentsPermalink
SEC. 1015. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE STRIKE FORCES OF THE UNITED STATES NAVY.CommentsClose CommentsPermalink
Section 1012(c)(1) of the National Defense Authorization Act for Fiscal Year 2008 (
‘(D) Amphibious assault ships, including dock landing ships (LSD), amphibious transport-dock ships (LPD), helicopter assault ships (LHA/LHD), and amphibious command ships (LCC), if such vessels exceed 15,000 dead weight ton light ship displacement.’.CommentsClose CommentsPermalink
Subtitle C--Counter-Drug ActivitiesCommentsClose CommentsPermalink
SEC. 1021. EXTENSION OF REPORTING REQUIREMENT REGARDING DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES.CommentsClose CommentsPermalink
Section 1022(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES.CommentsClose CommentsPermalink
Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (
SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA AND CONTINUATION OF NUMERICAL LIMITATION ON ASSIGNMENT OF UNITED STATES PERSONNEL.CommentsClose CommentsPermalink
Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
(1) in subsection (a), by striking ‘2008’ and inserting ‘2009’; andCommentsClose CommentsPermalink
(2) in subsection (c), by striking ‘2008’ and inserting ‘2009’.CommentsClose CommentsPermalink
SEC. 1024. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.CommentsClose CommentsPermalink
(a) Extension of Authority- Subsection (a)(2) 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 Guinea-Bissau.CommentsClose CommentsPermalink
‘(20) The Government of Senegal.CommentsClose CommentsPermalink
‘(21) The Government of El Salvador.CommentsClose CommentsPermalink
‘(22) The Government of Honduras.’.CommentsClose CommentsPermalink
(c) Maximum Annual Amount of Support- Subsection (e)(2) of such section is amended--CommentsClose CommentsPermalink
(1) by striking ‘or’ after ‘2006,’; andCommentsClose CommentsPermalink
(2) by striking the period at the end and inserting ‘, or $75,000,000 during fiscal year 2009.’.CommentsClose CommentsPermalink
(d) Condition on Provision of Support- Subsection (f) of such section is amended--CommentsClose CommentsPermalink
(1) in paragraph (2), by inserting after ‘In the case of’ the following: ‘funds appropriated for fiscal year 2009 to carry out this section and’; andCommentsClose CommentsPermalink
(2) in paragraph (4)(B), by striking ‘Committee on International Relations’ and inserting ‘Committee on Foreign Affairs’.CommentsClose CommentsPermalink
(e) Counter-Drug Plan- Subsection (h) of such section is amended--CommentsClose CommentsPermalink
(1) in the matter preceding paragraph (1), by striking ‘fiscal year 2004’ and inserting ‘fiscal year 2009’; andCommentsClose CommentsPermalink
(2) in subparagraph (7), by striking ‘For the first fiscal year’ and inserting ‘For fiscal year 2009, and thereafter, for the first fiscal year’.CommentsClose CommentsPermalink
SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR COUNTER-NARCOTICS EFFORTS FOR UNITED STATES AFRICA COMMAND.CommentsClose CommentsPermalink
(a) Report Required- Not later than June 30, 2009, the Secretary of Defense shall submit to the congressional defense committees a comprehensive strategy of the Department of the Defense with regard to counter-narcotics efforts in Africa, with an emphasis on West Africa and the Maghreb. The Secretary of Defense shall prepare the strategy in consultation with the Secretary of State.CommentsClose CommentsPermalink
(b) Matters to Be Included- The comprehensive strategy shall consist of a general overview and a separate detailed section for each of the following:CommentsClose CommentsPermalink
(1) A description of the overall United States counter-narcotics policy for Africa.CommentsClose CommentsPermalink
(2) The roles and missions of the Department of Defense in support of the overall United States counter-narcotics policy for Africa.CommentsClose CommentsPermalink
(3) The priorities for the Department of Defense to meet programmatic objectives one-year, three-years, and five-years after the end of fiscal year 2009, including a description of the expected allocation of resources of the Department of Defense to accomplish these priorities.CommentsClose CommentsPermalink
(4) The efforts of the Secretary of Defense to coordinate the Department of Defense counter-narcotics activities in Africa with Department of Defense building capacity programs, including programs carried out under the authority of the Secretary under section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (
(5) The efforts to coordinate the counter-narcotics activities of the Department of Defense with the counter-narcotics activities of the governments eligible to receive support under section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (
(c) Plans- The comprehensive strategy shall also include the following plans:CommentsClose CommentsPermalink
(1) A detailed and comprehensive plan to utilize the capabilities and assets of the combatant commands that geographically surround the United States Africa Command for the counter-narcotics efforts and activities of the United States Africa Command on a temporary basis until the United States Africa Command develops its own commensurate capabilities and assets, including in the plan a description of what measures will be taken to effectuate the transition of the missions.CommentsClose CommentsPermalink
(2) A detailed and comprehensive plan to enhance cooperation with certain African countries, which are often geographically contiguous to other African countries that have a significant narcotics-trafficking challenges, to increase the effectiveness of the counter-narcotics activities of the Department of Defense and its international and regional partners.CommentsClose CommentsPermalink
SEC. 1026. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR COUNTER-NARCOTICS EFFORTS IN SOUTH AND CENTRAL ASIAN REGIONS.CommentsClose CommentsPermalink
(a) Report Required- Not later than June 30, 2009, the Secretary of Defense shall submit to the congressional defense committees a comprehensive strategy of the Department of the Defense with regard to counter-narcotics efforts in the South and Central Asian regions, including the countries of Afghanistan, Turkmenistan, Tajikistan, Kyrgyzstan, Kazakhstan, Pakistan, and India, as well as the countries of Armenia, Azerbaijan, and China.CommentsClose CommentsPermalink
(b) Matters to Be Included- The comprehensive strategy shall consist of a general overview and a separate detailed section for each of the following:CommentsClose CommentsPermalink
(1) The roles and missions of the Department of Defense in support of the overall United States counter-narcotics policy for countries of the South and Central Asian regions and the other countries specified in subsection (a).CommentsClose CommentsPermalink
(2) The priorities for the Department of Defense to meet programmatic objectives for fiscal year 2010, including a description of the expected allocation of resources of the Department of Defense to accomplish these priorities.CommentsClose CommentsPermalink
(3) The ongoing and planned counter-narcotics activities funded by the Department of Defense for such regions and countries.CommentsClose CommentsPermalink
(4) The efforts to coordinate the counter-narcotics activities of the Department of Defense with the counter-narcotics activities of such regions and countries and the counter-narcotics activities of other international partners in such regions and countries.CommentsClose CommentsPermalink
(5) The specific metrics used by the Department of Defense to evaluate progress of activities to reduce the production and trafficking of illicit narcotics in such regions and countries.CommentsClose CommentsPermalink
Subtitle D--Miscellaneous Authorities and LimitationsCommentsClose CommentsPermalink
SEC. 1031. ENHANCEMENT OF THE CAPACITY OF THE UNITED STATES GOVERNMENT TO CONDUCT COMPLEX OPERATIONS.CommentsClose CommentsPermalink
(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. Center for Complex OperationsCommentsClose CommentsPermalink
‘(a) Center Authorized- The Secretary of Defense may establish a center to be known as the ‘Center for Complex Operations’ (in this section referred to as the ‘Center’).CommentsClose CommentsPermalink
‘(b) Purposes- The purposes of the Center established under subsection (a) shall be the following:CommentsClose CommentsPermalink
‘(1) To provide for effective coordination in the preparation of Department of Defense personnel and other United States Government personnel for complex operations.CommentsClose CommentsPermalink
‘(2) To foster unity of effort during complex operations among--CommentsClose CommentsPermalink
‘(A) the departments and agencies of the United States Government;CommentsClose CommentsPermalink
‘(B) foreign governments and militaries;CommentsClose CommentsPermalink
‘(C) international organizations and international nongovernmental organizations; andCommentsClose CommentsPermalink
‘(D) domestic nongovernmental organizations.CommentsClose CommentsPermalink
‘(3) To conduct research; collect, analyze, and distribute lessons learned; and compile best practices in matters relating to complex operations.CommentsClose CommentsPermalink
‘(4) To identify gaps in the education and training of Department of Defense personnel, and other relevant United States Government personnel, relating to complex operations, and to facilitate efforts to fill such gaps.CommentsClose CommentsPermalink
‘(c) Concurrence of the Secretary of State- - The Secretary of Defense shall seek the concurrence of the Secretary of State to the extent the efforts and activities of the Center involve the entities referred to in subparagraphs (B) and (C) of subsection (b)(2).CommentsClose CommentsPermalink
‘(d) Support From Other United States Government Departments or Agencies- The head of any non-Department of Defense department or agency of the United States Government may--CommentsClose CommentsPermalink
‘(1) provide to the Secretary of Defense services, including personnel support, to support the operations of the Center; andCommentsClose CommentsPermalink
‘(2) transfer funds to the Secretary of Defense to support the operations of the Center.CommentsClose CommentsPermalink
‘(e) Acceptance of Gifts and Donations- (1) Subject to paragraph (3), the Secretary of Defense may accept from any source specified in paragraph (2) any gift or donation for purposes of defraying the costs or enhancing the operations of the Center.CommentsClose CommentsPermalink
‘(2) The sources specified in this paragraph are the following:CommentsClose CommentsPermalink
‘(A) The government of a State or a political subdivision of a State.CommentsClose CommentsPermalink
‘(B) The government of a foreign country.CommentsClose CommentsPermalink
‘(C) A foundation or other charitable organization, including a foundation or charitable organization that is organized or operates under the laws of a foreign country.CommentsClose CommentsPermalink
‘(D) Any source in the private sector of the United States or a foreign country.CommentsClose CommentsPermalink
‘(3) The Secretary may not accept a gift or donation under this subsection if acceptance of the gift or donation would compromise or appear to compromise--CommentsClose CommentsPermalink
‘(A) the ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; orCommentsClose CommentsPermalink
‘(B) the integrity of any program of the Department or of any person involved in such a program.CommentsClose CommentsPermalink
‘(4) The Secretary shall provide written guidance setting forth the criteria to be used in determining the applicability of paragraph (3) to any proposed gift or donation under this subsection.CommentsClose CommentsPermalink
‘(f) Crediting of Funds Transferred or Accepted- Funds transferred to or accepted by the Secretary of Defense under this section shall be credited to appropriations available to the Department of Defense for the Center, and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriations with which merged. Any funds so transferred or accepted shall remain available until expended.CommentsClose CommentsPermalink
‘(g) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) The term ‘complex operation’ means an operation as follows:CommentsClose CommentsPermalink
‘(A) A stability operation.CommentsClose CommentsPermalink
‘(B) A security operation.CommentsClose CommentsPermalink
‘(C) A transition and reconstruction operation.CommentsClose CommentsPermalink
‘(D) A counterinsurgency operation.CommentsClose CommentsPermalink
‘(E) An operation consisting of irregular warfare.CommentsClose CommentsPermalink
‘(2) The term ‘gift or donation’ means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 20 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘409. Center for Complex Operations.’.CommentsClose CommentsPermalink
SEC. 1032. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE TO PROPERTY FUNDED FROM A DEPARTMENT OF DEFENSE WORKING CAPITAL FUND.CommentsClose CommentsPermalink
(1) by inserting ‘(1)’ after ‘(b)’;CommentsClose CommentsPermalink
(2) in paragraph (1), as so designated, by striking the last sentence; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2)(A) Except as provided in subparagraph (B), amounts received under this section shall be covered into the Treasury as miscellaneous receipts.CommentsClose CommentsPermalink
‘(B) Amounts received under this section for damage or loss to property operated and maintained with funds from a Department of Defense working capital fund or account shall be credited to that fund or account.’.CommentsClose CommentsPermalink
SEC. 1033. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR CHARTER AIR TRANSPORTATION SERVICES FROM CARRIERS PARTICIPATING IN THE CIVIL RESERVE AIR FLEET.CommentsClose CommentsPermalink
(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. Charter air transportation services: minimum annual purchase amount for carriers participating in Civil Reserve Air FleetCommentsClose CommentsPermalink
‘(a) In General- The Secretary of Defense shall take steps to--CommentsClose CommentsPermalink
‘(1) improve the predictability in Department of Defense charter requirements;CommentsClose CommentsPermalink
‘(2) strengthen Civil Reserve Airlift Fleet participation to assure adequate capacity is available to meet steady-state, surge and mobilization requirements; andCommentsClose CommentsPermalink
‘(3) provide incentives for commercial air passenger carriers to provide newer, more efficient and reliable aircraft for Department of Defense service rather than older, fully depreciated aircraft.CommentsClose CommentsPermalink
‘(b) Consideration of Recommendations- In carrying out subsection (a), the Secretary of Defense shall consider the recommendations on courses of action for the Civil Reserve Air Fleet as outlined in the report required by Section 356 of the National Defense Authorization Act for 2008 (
).CommentsClose CommentsPermalink Public Law 110-181 ‘(c) Contracts for Charter Air Transportation Services- The Secretary of Defense may award to an air carrier or an air carrier contractor team arrangement participating in the Civil Reserve Air Fleet on a fiscal year basis a one-year contract for charter air transportation services with a minimum purchase amount under such contract determined in accordance with this section.CommentsClose CommentsPermalink
‘(d) Eligible Charter Air Transportation Carriers- In order to be eligible for payments under the minimum purchase amount provided by this section, an air carrier (or any air carrier participating in an air carrier contractor team arrangement)--CommentsClose CommentsPermalink
‘(1) if under contract with the Department of Defense in the prior fiscal year, shall have an average on-time pick up rate, based on factors within such air carrier’s control, of at least 90 percent;CommentsClose CommentsPermalink
‘(2) shall offer such amount of commitment to the Civil Reserve Air Fleet in excess of the minimum required for participation in the Civil Reserve Air Fleet as the Secretary of Defense shall specify for purposes of this section; andCommentsClose CommentsPermalink
‘(3) may not have refused a Department of Defense request to act as a host for other Civil Reserve Air Fleet carriers at intermediate staging bases during the prior fiscal year.CommentsClose CommentsPermalink
‘(e) Aggregate Minimum Purchase Amount- (1) The aggregate amount of the minimum purchase amount for all contracts awarded under subsection (c) for a fiscal year shall be based on forecast needs, but may not exceed the amount equal to 80 percent of the average annual expenditure of the Department of Defense for charter air transportation services 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 average annual expenditure of the Department of Defense for charter air transportation services for purposes of paragraph (1), the Secretary of Defense shall omit from the calculation any fiscal year exhibiting unusually high demand for charter air transportation services if the Secretary determines that the omission of such fiscal year from the calculation will result in a more accurate forecast of anticipated charter air transportation services for purposes of that paragraph.CommentsClose CommentsPermalink
‘(f) Allocation of Minimum Purchase Among Charter Air Transportation Contracts- (1) The aggregate amount of the minimum purchase amount for all contracts awarded under subsection (c) for a fiscal year, as determined under subsection (e), shall be allocated among all air carriers and air carrier contractor team arrangements awarded contracts under subsection (c) for such fiscal year in proportion to the commitments of such carriers to the Civil Reserve Air Fleet for such fiscal year.CommentsClose CommentsPermalink
‘(2) In determining the minimum purchase amount payable under paragraph (1) under a contract under subsection (c) for charter air transportation services provided by an air carrier or air carrier contractor team arrangement during the fiscal year covered by such contract, the Secretary of Defense may adjust the amount allocated to such carrier or arrangement under paragraph (2) to take into account periods during such fiscal year when charter air transportation services of such carrier or a carrier in such arrangement are unavailable for usage by the Department of Defense, including during periods of refused business or suspended operations or when such carrier is placed in nonuse status pursuant to section 2640 of this title for safety reasons.CommentsClose CommentsPermalink
‘(g) Distribution of Amounts- If any amount available under this section for the minimum purchase of charter air transportation services from a carrier or air carrier contractor team arrangement for a fiscal year under a contract under subsection (c) is not utilized to purchase charter air transportation services from the carrier or arrangement in such fiscal year, such amount shall be provided to the carrier or arrangement before the first day of the following fiscal year.CommentsClose CommentsPermalink
‘(h) Commitment of Funds- (1) The Secretary of each military department shall transfer to the transportation working capital fund a percentage of the total amount anticipated to be required in such fiscal year for the payment of minimum purchase amounts under all contracts awarded under subsection (c) for such fiscal year equivalent to the percentage of the anticipated use of charter air transportation services by such military department during such fiscal year from all carriers under contracts awarded under subsection (c) for such fiscal year.CommentsClose CommentsPermalink
‘(2) Any amounts required to be transferred under paragraph (1) shall be transferred by the last day of the fiscal year concerned to meet the requirements of subsection (g) unless minimum purchase amounts have already been distributed by the Secretary of Defense under subsection (g) as of that date.CommentsClose CommentsPermalink
‘(i) Availability of Airlift Services- (1) From the total amount of charter air transportation services available for a fiscal year under all contracts awarded under subsection (c) for such fiscal year, a military department shall be entitled to obtain a percentage of such services equal to the percentage of the contribution of the military department to the transportation working capital fund for such fiscal year under subsection (h).CommentsClose CommentsPermalink
‘(2) A military department may transfer any entitlement to charter air transportation services under paragraph (1) to any other military department or to any other agency, element, or component of the Department of Defense.CommentsClose CommentsPermalink
‘(j) Definition- In this section, the term ‘charter air transportation’ has the meaning given such term in
, except that it only means such transportation for which the Secretary of Defense has entered into a contract for the purpose of passenger travel.CommentsClose CommentsPermalink section 40102(14) of title 49, United States Code ‘(k) 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 chapter 941 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘9515. Charter air transportation services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet.’.CommentsClose CommentsPermalink
(c) Report to Congress; Limitation on Exercise of Authority-CommentsClose CommentsPermalink
(1) REPORT- The Secretary of Defense shall submit to the congressional defense committees a written report on the actions taken under subsections (a) and (b) of
, as added by subsection (a), along with the anticipated risks and benefits of such actions.CommentsClose CommentsPermalink section 9515 of title 10, United States Code (2) LIMITATION- No authority under subsections (c) through (I) of such section may be implemented until 30 days after the date on which the Secretary submits the report required under paragraph (1).CommentsClose CommentsPermalink
SEC. 1034. SEMI-ANNUAL REPORTS ON STATUS OF NAVY NEXT GENERATION ENTERPRISE NETWORKS PROGRAM.CommentsClose CommentsPermalink
(a) Semi-Annual Reports Required- The Secretary of Defense shall submit to the congressional defense committees semi-annual reports on the status of the development, testing, and deployment of the Navy Next Generation Enterprise Networks program and the transition of the capabilities provided by the Navy Marine Corps Intranet program to the Next Generation Enterprise Networks program. Each such report shall cover such status during the two fiscal quarters preceding the fiscal quarter in which the report is submitted.CommentsClose CommentsPermalink
(b) Coordination- The Secretary of Defense shall develop each of the semi-annual reports required under subsection (a) in coordination with the Secretary of the Navy, the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Networks and Information Integration, and the Director of Operational Test and Evaluation.CommentsClose CommentsPermalink
(c) Contents of Reports- Each of the reports required under subsection (a) shall address the following matters for the period covered by the report:CommentsClose CommentsPermalink
(1) For each Next Generation Enterprise Networks contract entered into by the Secretary of Defense--CommentsClose CommentsPermalink
(A) the metrics used for quantitatively measuring the performance of the entity with which the Secretary has entered into the contract and, based on such metrics, an assessment of the performance of such entity during such period;CommentsClose CommentsPermalink
(B) the qualitative measures used to assess the performance of such entity and, based on such qualitative measures, an assessment of the performance of such entity during such period;CommentsClose CommentsPermalink
(C) the mechanisms for providing incentives to improve the performance of such entity, the processes for determining incentive payments, and the use of incentive payments made during such period; andCommentsClose CommentsPermalink
(D) the mechanisms for penalizing such entity for poor performance, the processes for determining penalties, and the use of such penalties during such period.CommentsClose CommentsPermalink
(2) Any progress made during such period to transition information technology services from the Navy Marine Corps Intranet program to the Next Generation Enterprise Networks program, including the transfer of intellectual property and infrastructure, and a description of contracting mechanisms used to facilitate such transition and the provision of services related to such transition.CommentsClose CommentsPermalink
(3) An assessment of any issues arising during such period that relate to the valuation and ownership of intellectual property and infrastructure in the Navy Marine Corps Intranet program.CommentsClose CommentsPermalink
(4) Any activities carried out by the Next Generation Enterprise Networks Governance Board to resolve issues related to the Next Generation Enterprise Network program.CommentsClose CommentsPermalink
(5) An assessment of the operational effectiveness and suitability of the Next Generation Enterprise Networks program during such period based on testing activities and other assessments.CommentsClose CommentsPermalink
(6) A description of the information security and information assurance posture and performance of the Next Generation Enterprise Networks program during such period.CommentsClose CommentsPermalink
(7) The schedule, status, and goals of the early transition activities between the Navy Marine Corps Intranet program and the Next Generation Enterprise Networks program carried out during such period.CommentsClose CommentsPermalink
(8) A description of the role of the Next Generation Enterprise Networks program with the Navy’s network environment.CommentsClose CommentsPermalink
(9) An updated acquisition milestone schedule, including any changes from previous planned schedules, the status of achieving milestones, and mitigation strategies for maintaining program schedule performance.CommentsClose CommentsPermalink
(d) Deadline for Submittal of Reports- The Secretary of Defense shall submit the semi-annual reports required under this section by not later than April 1 and October 1 of each year, and shall submit the first report required under this section by not later than April 1, 2009.CommentsClose CommentsPermalink
(e) Termination- The requirement to submit semi-annual reports under this section shall terminate on the date that is one year after the date on which the Secretary of Defense completes the full transition of the provision of services from the Navy Marine Corps Intranet program and other transition programs to the Next Generation Enterprise Networks program.CommentsClose CommentsPermalink
SEC. 1035. SENSE OF CONGRESS ON NUCLEAR WEAPONS MANAGEMENT.CommentsClose CommentsPermalink
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) The unauthorized transfer of nuclear weapons from Minot Air Force Base, North Dakota, to Barksdale Air Force Base, Louisiana, in August 2007 was an extraordinary breach of the command and control and security of nuclear weapons.CommentsClose CommentsPermalink
(2) The reviews conducted following that unauthorized transfer found that the ability of the Department of Defense to provide oversight of nuclear weapons matters had degenerated and that senior level attention to nuclear weapons management is minimal at best.CommentsClose CommentsPermalink
(3) The lack of attention to nuclear weapons and related equipment by the Department of Defense was demonstrated again when it was discovered in March 2008 that classified equipment from Minuteman III intercontinental ballistic missiles was inadvertently shipped to Taiwan in 2006.CommentsClose CommentsPermalink
(4) The Department of Defense has insufficient capability and staffing in the Office of the Under Secretary of Defense for Policy to provide the necessary oversight of the nuclear weapons functions of the Department.CommentsClose CommentsPermalink
(5) The key senior position responsible for nuclear weapons matters in the Department of Defense, the Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, a position filled by appointment by and with the advice and consent of the Senate, was vacant for more than 18 months before being filled in July 2008.CommentsClose CommentsPermalink
(6) The inability to provide consistent senior level emphasis on nuclear weapons policy has contributed to an erosion in the level of attention paid to nuclear weapons matters across the Department of Defense.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the United States should maintain clear and unambiguous command and control of its nuclear weapons;CommentsClose CommentsPermalink
(2) the safety and security of nuclear weapons and related equipment should be a high priority as long as the United States maintains a stockpile of nuclear weapons;CommentsClose CommentsPermalink
(3) these objectives will be more successfully attained if greater attention is paid to nuclear weapons matters within the Office of the Secretary of Defense, the Office of the Under Secretary of Defense for Policy, and the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics;CommentsClose CommentsPermalink
(4) the Secretary of Defense should consider establishing and filling a senior position, at the level of Assistant Secretary of Defense or Deputy Under Secretary of Defense, within the Office of the Under Secretary of Defense for Policy to hold primary responsibility for the strategic and nuclear weapons policy of the Department of Defense; andCommentsClose CommentsPermalink
(5) the Secretary of Defense should clarify the lines of responsibility and accountability for nuclear weapons matters within the Office of the Secretary of Defense to place greater emphasis on strategic and nuclear weapons policy and management.CommentsClose CommentsPermalink
SEC. 1036. SENSE OF CONGRESS ON JOINT DEPARTMENT OF DEFENSE-FEDERAL AVIATION ADMINISTRATION EXECUTIVE COMMITTEE ON CONFLICT AND DISPUTE RESOLUTION.CommentsClose CommentsPermalink
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) Unmanned aerial systems (UAS) of the Department of Defense, like the Predator and the Global Hawk, have become a critical component of military operations. Unmanned aerial systems are indispensable in the conflict against terrorism and the campaigns in Afghanistan and Iraq.CommentsClose CommentsPermalink
(2) Unmanned aerial systems of the Department of Defense must operate in the National Airspace System (NAS) for training, operational support to the combatant commands, and support to domestic authorities in emergencies and national disasters.CommentsClose CommentsPermalink
(3) The Department of Defense has been lax in developing certifications of airworthiness for unmanned aerial systems, qualifications for operators of unmanned aerial systems, databases on safety matters relating to unmanned aerial systems, and standards, technology, and procedures that are necessary for routine access of unmanned aerial systems to the National Airspace System.CommentsClose CommentsPermalink
(4) As recognized in a Memorandum of Agreement for Operation of Unmanned Aircraft Systems in the National Airspace System signed by the Deputy Secretary of Defense and the Administrator of the Federal Aviation Administration in September 2007, it is vital for the Department of Defense and the Federal Aviation Administration to collaborate closely to achieve progress in gaining access for unmanned aerial systems to the National Airspace System to support military requirements.CommentsClose CommentsPermalink
(5) The Department of Defense and the Federal Aviation Administration have jointly and separately taken significant actions to improve the access of unmanned aerial systems of the Department of Defense to the National Airspace System, but overall, the pace of progress in access of such systems to the National Airspace System has been insufficient and poses a threat to national security.CommentsClose CommentsPermalink
(6) Techniques and procedures can be rapidly acquired or developed to temporarily permit safe operations of unmanned aerial systems in the National Airspace System until permanent safe operations of such systems in the National Airspace System can be achieved.CommentsClose CommentsPermalink
(7) Identifying, developing, approving, implementing, and monitoring the adequacy of these techniques and procedures may require the establishment of a joint Department of Defense-Federal Aviation Administration executive committee reporting to the highest levels of the Department of Defense and the Federal Aviation Administration on matters relating to the access of unmanned aerial systems of the Department of Defense to the National Airspace System.CommentsClose CommentsPermalink
(8) Joint management attention at the highest levels of the Department of Defense and the Federal Aviation Administration may also be required on other important issues, such as type ratings for aerial refueling aircraft.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that the Secretary of Defense should seek an agreement with the Administrator of the Federal Aviation Administration to jointly establish within the Department of Defense and the Federal Aviation Administration a joint Department of Defense-Federal Aviation Administration executive committee on conflict and dispute resolution which would--CommentsClose CommentsPermalink
(1) act as a focal point for the resolution of disputes on matters of policy and procedures between the Department of Defense and the Federal Aviation Administration with respect to--CommentsClose CommentsPermalink
(A) airspace, aircraft certifications, and aircrew training; andCommentsClose CommentsPermalink
(B) other issues brought before the joint executive committee by the Department of Defense or the Department of Transportation;CommentsClose CommentsPermalink
(2) identify solutions to the range of technical, procedural, and policy concerns arising in the disputes described in paragraph (1); andCommentsClose CommentsPermalink
(3) identify solutions to the range of technical, procedural, and policy concerns arising in the integration of Department of Defense unmanned aerial systems into the National Airspace System in order to achieve the increasing, and ultimately routine, access of such systems into the National Airspace System.CommentsClose CommentsPermalink
SEC. 1037. SENSE OF CONGRESS ON SALE OF NEW OUTSIZE CARGO, STRATEGIC AIRLIFT AIRCRAFT FOR CIVILIAN USE.CommentsClose CommentsPermalink
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) The 2006 Quadrennial Defense Review and the 2005 Mobility Capability Study determined that the United States Transportation Command requires a force of 292 to 383 organic strategic airlift aircraft, augmented by procurement of airlift service from commercial air carriers participating in the Civil Reserve Air Fleet, to meet the demands of the National Military Strategy. Congress has authorized and appropriated funds for 316 strategic airlift aircraft.CommentsClose CommentsPermalink
(2) The commander of the United States Transportation Command has testified to Congress that it is essential to safeguard the capabilities and capacity of the Civil Reserve Air Fleet to meet wartime surge demands in connection with major combat operations and that procurement by the Air Force of excess organic strategic airlift aircraft could be harmful to the health of the Civil Reserve Air Fleet.CommentsClose CommentsPermalink
(3) The C-17 aircraft is used extensively by the Air Mobility Command in the Global War on Terror. Production of the C-17 aircraft is scheduled to cease in August, 2010.CommentsClose CommentsPermalink
(4) The Federal Aviation Administration has informed Congress that no fewer than six commercial operators have expressed interest in operating a commercial variant of the C-17 aircraft. Commercial sale of the new C-17 aircraft would require that the Department of Defense determine that it is in the national interest for the Federal Aviation Administration to proceed with the issuance of a type certificate for C-17 aircraft in accordance with section 21.27 of title 14, Code of Federal Regulations.CommentsClose CommentsPermalink
(5) New C-17 aircraft sold for commercial use could be made available to the Civil Reserve Air Fleet, thus strengthening the capabilities and capacity of the Civil Reserve Air Fleet.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that the Secretary of Defense, in consultation with the Secretary of Transportation, should--CommentsClose CommentsPermalink
(1) review the benefits and feasibility of pursuing a new production commercial cargo capability with new C-17 commercial variant aircraft and determine whether such capability is in the national interest; andCommentsClose CommentsPermalink
(2) if the Secretary of Defense determines that such a capability is in the national interest, take appropriate actions to coordinate with the Federal Aviation Administration to achieve the type certification for a commercial variant of the C-17 required by section 21.27 of title 14, Code of Federal Regulations.CommentsClose CommentsPermalink
Subtitle E--Studies and ReportsCommentsClose CommentsPermalink
SEC. 1041. REPORT ON CORROSION CONTROL AND PREVENTION.CommentsClose CommentsPermalink
(a) Report Required- The Secretary of Defense, acting through the Director of Corrosion Policy and Oversight, shall prepare and submit to the Committees on Armed Services of the Senate and the House of Representatives a report on corrosion control and prevention in weapons systems and equipment.CommentsClose CommentsPermalink
(b) Matters Covered- The report shall include the comments and recommendations of the Department of Defense regarding potential improvements in corrosion control and prevention through earlier planning. In particular, the report shall include an evaluation and business case analysis of options for improving corrosion control and prevention in the requirements and acquisition processes of the Department of Defense for weapons systems and equipment. The evaluation shall include an analysis of the impact of such potential improvements on system acquisition costs and life cycle sustainment. The options for improved corrosion control and prevention shall include corrosion control and prevention--CommentsClose CommentsPermalink
(1) as a key performance parameter for assessing the selection of materials and processes;CommentsClose CommentsPermalink
(2) as a key performance parameter for sustainment;CommentsClose CommentsPermalink
(3) as part of the capability development document in the joint capabilities integration and development system; andCommentsClose CommentsPermalink
(4) as a requirement for weapons systems managers to assess their corrosion control and prevention requirements over a system’s life cycle and incorporate the results into their acquisition strategies prior to issuing a solicitation for contracts.CommentsClose CommentsPermalink
(c) Deadline- The report shall be submitted not later than 120 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(d) Review by Comptroller General- The Comptroller General shall review the report required under subsection (a), including the methodology used in the Department’s analysis, and shall provide the results of the review to the Committees on Armed Services of the Senate and the House of Representatives not later than 60 days after the Department submits the report.CommentsClose CommentsPermalink
SEC. 1042. STUDY ON USING MODULAR AIRBORNE FIRE FIGHTING SYSTEMS (MAFFS) IN A FEDERAL RESPONSE TO WILDFIRES.CommentsClose CommentsPermalink
(a) In General- The Secretary of Defense shall carry out a study to determine--CommentsClose CommentsPermalink
(1) how to utilize the Department’s Modular Airborne Fire Fighting Systems (MAFFS) in all contingencies where there is a Federal response to wildfires; andCommentsClose CommentsPermalink
(2) how to decrease the costs of using the Department’s MAFFS when supporting National Interagency Fire Center (NIFC) fire fighting operations.CommentsClose CommentsPermalink
(b) Report- Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the study.CommentsClose CommentsPermalink
SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY.CommentsClose CommentsPermalink
(a) Study Required- The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall carry out a study on Department of Defense rotorcraft survivability. The study shall--CommentsClose CommentsPermalink
(1) with respect to actual losses of rotorcraft in combat--CommentsClose CommentsPermalink
(A) identify the rates of such losses from 1965 through 2008, measured in total annual losses by type of aircraft and by cause, with rates for loss per flight hour and loss per sortie provided;CommentsClose CommentsPermalink
(B) identify by category of hostile action (such as small arms, Man-Portable Air Defense Systems, and so on), the causal factors for the losses; andCommentsClose CommentsPermalink
(C) propose candidate solutions for survivability (such as training, tactics, speed, countermeasures, maneuverability, lethality, technology, and so on), in a prioritized list with explanations, to mitigate each such causal factor, along with recommended funding adequate to achieve rates at least equal to the experience in the Vietnam conflict;CommentsClose CommentsPermalink
(2) with respect to actual losses of rotorcraft in combat theater not related to hostile action--CommentsClose CommentsPermalink
(A) identify the causal factors of loss in a ranked list; andCommentsClose CommentsPermalink
(B) propose candidate solutions for survivability (such as training, tactics, speed, countermeasures, maneuverability, lethality, technology, and so on), in a prioritized list, to mitigate each such causal factor, along with recommended funding adequate to achieve the Secretary’s Mishap Reduction Initiative goal of not more than 0.5 mishaps per 100,000 flight hours;CommentsClose CommentsPermalink
(3) with respect to losses of rotorcraft in training or other non-combat operations during peacetime or interwar years--CommentsClose CommentsPermalink
(A) identify by category (such as inadvertent instrument meteorological conditions, wire strike, and so on) the causal factors of loss in a ranked list; andCommentsClose CommentsPermalink
(B) identify candidate solutions for survivability and performance (such as candidate solutions referred to in paragraph (2)(B) as well as maintenance, logistics, systems development, and so on) in a prioritized list, to mitigate each such causal factor, along with recommended funding adequate to achieve the goal of rotorcraft loss rates to non-combat causes being reduced to 1.0;CommentsClose CommentsPermalink
(4) identify the key technical factors (causes of mishaps that are not related to human factors) negatively impacting the rotorcraft mishap rates and survivability trends, to include reliability, availability, maintainability, and other logistical considerations; andCommentsClose CommentsPermalink
(5) identify what TACAIR is and has done differently to have such a decrease in losses per sortie when compared to rotorcraft, to include--CommentsClose CommentsPermalink
(A) examination of aircraft, aircraft maintenance, logistics, operations, and pilot and operator training;CommentsClose CommentsPermalink
(B) an emphasis on the development of common service requirements that TACAIR has implemented already which are minimizing losses within TACAIR; andCommentsClose CommentsPermalink
(C) candidate solutions, in a prioritized list, to mitigate each causal factor with recommended funding adequate to achieve the goal of rotorcraft loss rates stated above.CommentsClose CommentsPermalink
(b) Report- Not later than August 1, 2009, the Secretary and the Chairman shall submit to the congressional defense committees a report on the results of the study.CommentsClose CommentsPermalink
SEC. 1044. REPORT ON NUCLEAR WEAPONS.CommentsClose CommentsPermalink
(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) numerous nuclear weapons are held in the arsenals of various countries around the world;CommentsClose CommentsPermalink
(2) some of these weapons make attractive targets for theft and for use by terrorist organizations;CommentsClose CommentsPermalink
(3) the United States should identify, track, and monitor these weapons as a matter of national security;CommentsClose CommentsPermalink
(4) the United States should assess the security risks associated with existing stockpiles of nuclear weapons and should assess the risks of nuclear weapons being developed, acquired, or utilized by other countries, particularly rogue states, and by terrorists and other non-state actors; andCommentsClose CommentsPermalink
(5) the United States should work cooperatively with other countries to improve the security of nuclear weapons and to promote multilateral reductions in the numbers of nuclear weapons.CommentsClose CommentsPermalink
(b) Review- The President, in consultation with the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the Director of National Intelligence, shall conduct a review of nuclear weapons world-wide that includes--CommentsClose CommentsPermalink
(1) an inventory of the nuclear arsenals of all countries that possess, or are believed to possess, nuclear weapons, which indicates, as accurately as possible, the nuclear weapons that are known, or are believed, to exist according to nationality, type, yield, and form of delivery, and an assessment of the methods that are currently employed to identify, track, and monitor nuclear weapons and their component materials;CommentsClose CommentsPermalink
(2) an assessment of the risks associated with the deployment, transfer, and storage of nuclear weapons deemed to be attractive to terrorists, rogue states, and other state or non-state actors on account of their size or portability, or on account of their accessibility due to the manner of their deployment or storage; andCommentsClose CommentsPermalink
(3) recommendations for--CommentsClose CommentsPermalink
(A) mechanisms and procedures to improve security and safeguards for the nuclear weapons deemed to be attractive to terrorists, rogue states, and other state or non-state actors;CommentsClose CommentsPermalink
(B) mechanisms and procedures to improve the ability of the United States to identify, track, and monitor the nuclear weapons deemed to be attractive to terrorists, rogue states, and other state or non-state actors;CommentsClose CommentsPermalink
(C) mechanisms and procedures for implementing transparent multilateral reductions in nuclear weapons arsenals; andCommentsClose CommentsPermalink
(D) methods for consolidating, dismantling, and disposing of the nuclear weapons in each country that possesses, or is believed to possess, nuclear weapons, including methods of monitoring and verifying consolidation, dismantlement, and disposal.CommentsClose CommentsPermalink
(c) Report-CommentsClose CommentsPermalink
(1) REPORT REQUIRED- Not later than one year after the date of the enactment of this Act, the President shall submit to Congress a report on the findings and recommendations of the review required under subsection (b).CommentsClose CommentsPermalink
(2) CLASSIFICATION OF REPORT- The report required under paragraph (1) shall be submitted in unclassified form, but it may be accompanied by a classified annex.CommentsClose CommentsPermalink
SEC. 1045. REPORT ON COMPLIANCE BY DEPARTMENT OF DEFENSE WITH GUAM TAX AND LICENSING LAWS.CommentsClose CommentsPermalink
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Navy and the Joint Guam Program Office, shall submit to the congressional defense committees a report on the steps that the Department of Defense is taking to ensure that contractors of the Department performing work on Guam comply with local tax and licensing requirements.CommentsClose CommentsPermalink
SEC. 1046. REPORT ON DETENTION OPERATIONS IN IRAQ.CommentsClose CommentsPermalink
(a) Report Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on detention operations at theater internment facilities in Iraq.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include each of the following:CommentsClose CommentsPermalink
(1) A detailed description of how counterinsurgency doctrine has been incorporated at theater internment facilities in Iraq.CommentsClose CommentsPermalink
(2) A detailed description of the policies and programs instituted to prepare detainees for reintegration following their release from detention in theater internment facilities in Iraq.CommentsClose CommentsPermalink
(3) A description and assessment of the effects of changes in detention operations and reintegration programs at theater internment facilities in Iraq during the period beginning on January 1, 2007, and ending on the date of the completion of the report, including changes in levels of violence within internment facilities and in rates of recapture of detainees released from detention in internment facilities.CommentsClose CommentsPermalink
(4) A description of--CommentsClose CommentsPermalink
(A) the lessons learned regarding detention operations in a counterinsurgency operation, an assessment of how such lessons could be applied to detention operations elsewhere (including in Afghanistan and at Guantanamo Bay, Cuba); andCommentsClose CommentsPermalink
(B) any efforts to integrate such lessons into Department of Defense directives, joint doctrine, mission rehearsal exercises for deploying forces, and training for units involved in detention and interrogation operations.CommentsClose CommentsPermalink
(c) Form- The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
SEC. 1047. REVIEW OF BANDWIDTH CAPACITY REQUIREMENTS OF THE DEPARTMENT OF DEFENSE AND THE INTELLIGENCE COMMUNITY.CommentsClose CommentsPermalink
(a) In General- The Secretary of Defense and the Director of National Intelligence shall conduct a joint review of the bandwidth capacity requirements of the Department of Defense and the intelligence community in the near term, mid term, and long term.CommentsClose CommentsPermalink
(b) Elements- The review required by subsection (a) shall include an assessment of the following:CommentsClose CommentsPermalink
(1) The current bandwidth capacities and capabilities of the Department of Defense and the intelligence community to transport data, including Government and commercial ground networks, airborne relays, and satellite systems.CommentsClose CommentsPermalink
(2) The bandwidth capacities and capabilities anticipated to be available to the Department of Defense and the intelligence community to transport data in the near term, mid term, and long term.CommentsClose CommentsPermalink
(3) Innovative technologies available to the Department of Defense and the intelligence community to increase data transport capacity of existing bandwidth (such as compression techniques or intelligent software agents) that can be applied in the near term, mid term, and long term.CommentsClose CommentsPermalink
(4) The bandwidth and data requirements of current major operational systems of the Department of Defense and the intelligence community, including an assessment of--CommentsClose CommentsPermalink
(A) whether such requirements are being appropriately met by the bandwidth capacities and capabilities described in paragraph (1); andCommentsClose CommentsPermalink
(B) the degree to which any such requirements are not being met by such bandwidth capacities and capabilities.CommentsClose CommentsPermalink
(5) The anticipated bandwidth and data requirements of major operational systems of the Department of Defense and the intelligence community planned for each of the near term, mid term, and long term, including an assessment of--CommentsClose CommentsPermalink
(A) whether such anticipated requirements will be appropriately met by the bandwidth capacities and capabilities described in paragraph (2); andCommentsClose CommentsPermalink
(B) the degree to which any such requirements are not anticipated to be met by such bandwidth capacities and capabilities.CommentsClose CommentsPermalink
(6) Any mitigation concepts that could be used to satisfy any unmet bandwidth and data requirements.CommentsClose CommentsPermalink
(7) The costs of meeting the bandwidth and data requirements described in paragraphs (4) and (5).CommentsClose CommentsPermalink
(8) Any actions necessary to integrate or consolidate the information networks of the Department of Defense and the intelligence community.CommentsClose CommentsPermalink
(c) Report- Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a report setting forth the results of the review required by subsection (a).CommentsClose CommentsPermalink
(d) Formal Review Process for Bandwidth Requirements- The Secretary of Defense and the Director of National Intelligence shall, as part of the Milestone B or Key Decision Point B approval process for any major defense acquisition program or major system acquisition program, establish a formal review process to ensure that--CommentsClose CommentsPermalink
(1) the bandwidth requirements needed to support such program are or will be met; andCommentsClose CommentsPermalink
(2) a determination will be made with respect to how to meet the bandwidth requirements for such program.CommentsClose CommentsPermalink
(e) Definitions- In this section:CommentsClose CommentsPermalink
(1) INTELLIGENCE COMMUNITY- The term ‘intelligence community’ has the meaning given the term in section 3(4) of the National Security Act of 1947 (
(2) LONG TERM- The term ‘long term’ means the five-year period beginning on the date that is 10 years after the date of the enactment of this Act.CommentsClose CommentsPermalink
(3) MID TERM- The term ‘mid term’ means the five-year period beginning on the date that is five years after the date of the enactment of this Act.CommentsClose CommentsPermalink
(4) NEAR TERM- The term ‘near term’ means the five-year period beginning on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 1048. REVIEW OF FINDINGS AND RECOMMENDATIONS APPLICABLE TO THE DEPARTMENT OF DEFENSE REGARDING ELECTROMAGNETIC PULSE ATTACK.CommentsClose CommentsPermalink
(a) Review- The Secretary of Defense shall conduct a review of the findings and recommendations applicable to the Department of Defense made in the reports of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack established under title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
(b) Reports-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall submit to the congressional defense committees a report on the review required by subsection (a) that shall include the following:CommentsClose CommentsPermalink
(A) A description of the findings and recommendations described in that subsection that are applicable to the Department of Defense.CommentsClose CommentsPermalink
(B) A plan for addressing the applicable findings and implementing the applicable recommendations to the extent practicable and feasible.CommentsClose CommentsPermalink
(C) If the Secretary determines that it is not practicable or feasible to address an applicable finding or implement an applicable recommendation, an explanation clearly explaining each such determination.CommentsClose CommentsPermalink
(D) A description of the capabilities of the Department of Defense needed to protect and recover from an electromagnetic pulse attack.CommentsClose CommentsPermalink
(E) Any research and development needed to address any applicable finding or recommendation to enable the Department of Defense to implement such recommendations in the future.CommentsClose CommentsPermalink
(F) A description of the plans and programs that the Department of Defense has in place or plans to put in place to address the threat from electromagnetic pulse attack.CommentsClose CommentsPermalink
(G) A description of the organizational and management structure that the Department of Defense has in place or plans to have in place to address the threat from an electromagnetic pulse attack.CommentsClose CommentsPermalink
(H) A description of any impediments to implementing any applicable recommendations.CommentsClose CommentsPermalink
(2) SUBMITTAL DATES- The report required by paragraph (1) shall be submitted not later than September 1 of each odd numbered year beginning in 2009 and ending in 2015.CommentsClose CommentsPermalink
(3) FORM OF REPORT- The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
Subtitle F--Other MattersCommentsClose CommentsPermalink
SEC. 1051. ADDITIONAL INFORMATION UNDER ANNUAL SUBMISSIONS OF INFORMATION REGARDING INFORMATION TECHNOLOGY CAPITAL ASSETS.CommentsClose CommentsPermalink
Section 351 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking paragraph (1);CommentsClose CommentsPermalink
(B) by redesignating paragraph (2) as paragraph (1);CommentsClose CommentsPermalink
(C) in paragraph (1), as so redesignated, by striking ‘and an estimated total life cycle cost’ and inserting ‘or an estimated total cost’; andCommentsClose CommentsPermalink
(D) by adding at the end the following new paragraph (2):CommentsClose CommentsPermalink
‘(2) Information technology capital assets not covered by paragraph (1) that have been determined by the Chief Information Officer of the Department of Defense to be significant investments.’;CommentsClose CommentsPermalink
(2) by striking subsection (b);CommentsClose CommentsPermalink
(3) by redesignating subsection (c) as subsection (b);CommentsClose CommentsPermalink
(4) in subsection (b), as so redesignated, by striking ‘subsection (a)(2)’ and inserting ‘subsection (a)(1)’;CommentsClose CommentsPermalink
(5) by inserting after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink
‘(c) Required Information for Significant Investments- With respect to each information technology capital asset not covered by paragraph (1) of subsection (a), but covered by paragraph (2) of that subsection, the Secretary of Defense shall include such information in a format that is appropriate to the current status of such asset.’; andCommentsClose CommentsPermalink
(6) in subsection (d), by striking ‘life cycle’.CommentsClose CommentsPermalink
SEC. 1052. SUBMISSION TO CONGRESS OF REVISION TO REGULATION ON ENEMY PRISONERS OF WAR, RETAINED PERSONNEL, CIVILIAN INTERNEES, AND OTHER DETAINEES.CommentsClose CommentsPermalink
(a) Submission to Congress- A successor regulation to Army Regulation 190-8 Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees (dated October 1, 1997) may not be carried out or implemented until the date that is 60 days after the date on which the Secretary of Defense submits to the Committees on Armed Services of the Senate and House of Representatives such successor regulation.CommentsClose CommentsPermalink
(b) Savings Clause- Nothing in this section shall affect the continued effectiveness of Army Regulation 190-8 Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees (dated October 1, 1997).CommentsClose CommentsPermalink
SEC. 1053. BARNEGAT INLET TO LITTLE EGG INLET, NEW JERSEY.CommentsClose CommentsPermalink
(a) Project Modification- The project for hurricane and storm damage reduction, Barnegat Inlet to Little Egg Inlet, New Jersey, authorized by section 101(a)(1) of the Water Resources Development Act of 2000 (114 Stat. 2576), is modified to authorize the Secretary of the Army to undertake, at Federal expense, such measures as the Secretary determines to be necessary and appropriate in the public interest to address the handling of munitions placed on the beach during construction of the project before the date of enactment of this section.CommentsClose CommentsPermalink
(b) Treatment of Costs- Costs incurred in carrying out subsection (a) shall not be considered to be a cost of constructing the project.CommentsClose CommentsPermalink
(c) Credit- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(d) Eligible Activities- Measures authorized by subsection (a) include monitoring, removal, and disposal of the munitions referred to in subsection (a).CommentsClose CommentsPermalink
SEC. 1054. STANDING ADVISORY PANEL ON IMPROVING COORDINATION AMONG THE DEPARTMENT OF DEFENSE, THE DEPARTMENT OF STATE, AND THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT ON MATTERS OF NATIONAL SECURITY.CommentsClose CommentsPermalink
(a) Establishment of Advisory Panel- The Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development (USAID) may jointly establish an advisory panel to advise, review, and make recommendations on ways to improve coordination among the Department of Defense, the Department of State, and the United States Agency for International Development on matters relating to national security, including reviewing their respective roles and responsibilities.CommentsClose CommentsPermalink
(b) Membership-CommentsClose CommentsPermalink
(1) COMPOSITION- The advisory panel shall be composed of 12 members, of whom--CommentsClose CommentsPermalink
(A) three shall be appointed by the Secretary of Defense, in consultation with the Secretary of State and the Administrator;CommentsClose CommentsPermalink
(B) three shall be appointed by the Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff, and in consultation with the Secretary of State and the Administrator;CommentsClose CommentsPermalink
(C) three shall be appointed by the Secretary of State, in consultation with the Secretary of Defense and the Administrator; andCommentsClose CommentsPermalink
(D) three shall be appointed by the Administrator, in consultation with the Secretary of Defense and the Secretary of State.CommentsClose CommentsPermalink
(2) CHAIRMAN- The Secretary of Defense, the Secretary of State, and the Administrator shall jointly designate one member as chairman.CommentsClose CommentsPermalink
(3) VICE CHAIRMAN- The Secretary of Defense, the Secretary of State, and the Administrator shall jointly designate one member as vice chairman. The vice chairman may not be a member appointed to the advisory panel under paragraph (1) by the same Secretary or Administrator who appointed the member under such paragraph who is designated as the chairman under paragraph (2).CommentsClose CommentsPermalink
(4) EXPERTISE- Members of the advisory panel shall be private citizens of the United States with national recognition and significant experience in the Federal Government, the Armed Forces, public administration, foreign affairs, or development.CommentsClose CommentsPermalink
(5) DEADLINE FOR APPOINTMENT- All members of the advisory panel should be appointed not earlier than January 20, 2009, and not later than March 20, 2009.CommentsClose CommentsPermalink
(6) TERMS- The term of each member of the advisory panel is for the life of the advisory panel.CommentsClose CommentsPermalink
(7) VACANCIES- A vacancy in the advisory panel shall be filled not later than 30 days after such vacancy occurs and in the manner in which the original appointment was made.CommentsClose CommentsPermalink
(8) SECURITY CLEARANCES- The appropriate departments or agencies of the Federal Government shall cooperate with the advisory panel in expeditiously providing to the members and staff of the advisory panel appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this section without the appropriate security clearances.CommentsClose CommentsPermalink
(9) STATUS- A member of the advisory panel who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee, except for the purposes of chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.CommentsClose CommentsPermalink
(10) EXPENSES- The members of the advisory panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the advisory panel.CommentsClose CommentsPermalink
(c) Meetings and Procedures-CommentsClose CommentsPermalink
(1) INITIAL MEETING- The advisory panel shall conduct its first meeting not later than 30 days after the date that all appointments to the advisory panel have been made under subsection (b).CommentsClose CommentsPermalink
(2) MEETINGS- The advisory panel shall meet not less often than once every three months. The advisory panel may also meet at the call of the Secretary of Defense, the Secretary of State, or the Administrator.CommentsClose CommentsPermalink
(3) PROCEDURES- The advisory panel shall carry out its duties under procedures established under subsection (d).CommentsClose CommentsPermalink
(d) Support of Federally Funded Research and Development Center- If the advisory panel is established under subsection (a), the Secretary of Defense, in consultation with the Secretary of State and the Administrator, shall, not later than 60 days after the date of the final appointment of the members of the advisory panel pursuant to subsection (b)(5), enter into a contract with a federally funded research and development center for the provision of administrative and logistical support and assistance to the advisory panel in carrying out its duties under this section. Such support and assistance shall include the establishment of the procedures of the advisory panel.CommentsClose CommentsPermalink
(e) Duties of Panel- The advisory panel shall--CommentsClose CommentsPermalink
(1) analyze the roles and responsibilities of the Department of Defense, the Department of State, and the USAID regarding--CommentsClose CommentsPermalink
(A) stability operations;CommentsClose CommentsPermalink
(B) foreign assistance (including security assistance); andCommentsClose CommentsPermalink
(C) other areas the Secretary of Defense, the Secretary of State, and the Administrator jointly agree are appropriate;CommentsClose CommentsPermalink
(2) review--CommentsClose CommentsPermalink
(A) the structures and systems that coordinate policy-making;CommentsClose CommentsPermalink
(B) the national security-related roles and responsibilities of the Department of Defense, the Department of State, USAID, and, as appropriate, other relevant agencies to ensure effective coordination;CommentsClose CommentsPermalink
(C) the efforts of the Department of Defense, the Department of State, USAID, and such other relevant agencies to ensure that lessons learned and expertise that is developed in carrying out programs related to national security are shared among the departments and agencies of the Federal Government, as appropriate; andCommentsClose CommentsPermalink
(D) the coordination of activities conducted abroad and carried out by personnel of the Department of Defense, Department of State, USAID, and such other relevant agencies; andCommentsClose CommentsPermalink
(3) provide advice and make recommendations for otherwise improving coordination between and among the Department of Defense, the Department of State and USAID on matters of national security.CommentsClose CommentsPermalink
(f) Cooperation of Other Agencies- Upon request by the advisory panel, any department or agency of the Federal Government shall provide information that the advisory panel considers necessary to carry out its duties.CommentsClose CommentsPermalink
(g) Reports-CommentsClose CommentsPermalink
(1) INTERIM REPORT- Not later than 180 days after the first meeting of the advisory panel, the advisory panel shall submit to the Secretary of Defense, the Secretary of State, and the Administrator a report that identifies--CommentsClose CommentsPermalink
(A) aspects of the interagency structure and processes relating to matters of national security that should take priority in any effort to improve the coordination among the Department of Defense, the Department of State, and USAID; andCommentsClose CommentsPermalink
(B) methods to better coordinate the interagency structure and processes relating to matters of national security.CommentsClose CommentsPermalink
(2) ANNUAL REPORTS- Not later than December 31 of the year in which the interim report is submitted under paragraph (1), the advisory panel shall submit to the Secretary of Defense, the Secretary of State, and the Administrator a report on--CommentsClose CommentsPermalink
(A) the activities of the advisory panel;CommentsClose CommentsPermalink
(B) any deficiencies relating to coordination among the Department of Defense, Department of States and USAID and other relevant agencies on matters of national security;CommentsClose CommentsPermalink
(C) any improvements made during the period covered by the report to the coordination among the Department of Defense, the Department of State, USAID, and other relevant agencies on matters of national security;CommentsClose CommentsPermalink
(D) methods to better coordinate the interagency structure and processes among the Department of Defense, the Department of State, USAID, and other relevant agencies on matters relating to national security; andCommentsClose CommentsPermalink
(E) such findings, conclusions, and recommendations as the advisory panel considers appropriate.CommentsClose CommentsPermalink
(3) SUBMISSION OF REPORT TO CONGRESS- The Secretary of Defense, the Secretary of State, and the Administrator shall submit to the appropriate congressional committees the reports required under this subsection and any additional information considered appropriate.CommentsClose CommentsPermalink
(4) CONGRESSIONAL BRIEFINGS- Not later than 30 days after the submission of each report required under this subsection, the members of the advisory panel shall make themselves available to meet with the appropriate congressional committees to brief such committees on the matters contained in the report.CommentsClose CommentsPermalink
(5) APPROPRIATE COMMITTEES- For the purposes of this subsection, the appropriate congressional committees are the following:CommentsClose CommentsPermalink
(A) The Committees on Foreign Affairs, Armed Services, and Appropriations of the House of Representatives.CommentsClose CommentsPermalink
(B) The Committees on Foreign Relations, Armed Services, and Appropriations of the Senate.CommentsClose CommentsPermalink
(h) Termination of Advisory Panel- The advisory panel shall terminate on December 31, 2012.CommentsClose CommentsPermalink
(i) Definitions- In this section:CommentsClose CommentsPermalink
(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the United States Agency for International Development.CommentsClose CommentsPermalink
(2) STABILITY OPERATIONS- The term ‘stability operations’ means stability and reconstruction operations conducted by departments or agencies of the Federal Government described by Department of Defense Directive 3000.05, National Security Presidential Directive 1, or National Security Presidential Directive 44.CommentsClose CommentsPermalink
(3) FEDERAL AGENCY- The term ‘Federal agency’ means any entity included in chapter 1 of title 5, United States code.CommentsClose CommentsPermalink
SEC. 1055. REPORTS ON STRATEGIC COMMUNICATION AND PUBLIC DIPLOMACY ACTIVITIES OF THE FEDERAL GOVERNMENT.CommentsClose CommentsPermalink
(a) Report by President-CommentsClose CommentsPermalink
(1) INITIAL REPORT- Not later than December 31, 2009, the President shall submit to the appropriate committees of Congress a report on a comprehensive interagency strategy for public diplomacy and strategic communication of the Federal Government, including benchmarks and a timetable for achieving such benchmarks.CommentsClose CommentsPermalink
(2) ELEMENTS OF REPORT- The report required under paragraph (1) shall include the following elements:CommentsClose CommentsPermalink
(A) STRATEGY- A comprehensive interagency strategy, which shall include the following:CommentsClose CommentsPermalink
(i) Prioritizing the mission of supporting specific foreign policy objectives, such as counterterrorism and efforts to combat extremist ideology, in parallel and in complement with, as appropriate, the broad mission of communicating the policies and values of the United States to foreign audiences.CommentsClose CommentsPermalink
(ii) Consolidating and elevating, as appropriate, Federal Government leadership to prioritize, manage, and implement the strategy required by this subsection, including consideration of whether to establish strategic communication and public diplomacy positions at the National Security Council and to establish a single office to coordinate strategic communication and public diplomacy efforts.CommentsClose CommentsPermalink
(iii) Improving coordination across departments and agencies of the Federal Government on strategic communications and public diplomacy.CommentsClose CommentsPermalink
(iv) Consideration of whether resources devoted to strategic communication and public diplomacy efforts should be increased.CommentsClose CommentsPermalink
(B) STUDY- A study of whether to establish an independent, not-for-profit organization responsible for providing independent assessment and strategic guidance to the Federal Government on strategic communication and public diplomacy, as recommended by the Task Force on Strategic Communication of the Defense Science Board.CommentsClose CommentsPermalink
(C) ROLES OF DEPARTMENTS OR AGENCIES OF THE FEDERAL GOVERNMENT- A description of the respective roles of the National Security Council, the Department of Defense, and the Department of State regarding strategic communication and public diplomacy, including--CommentsClose CommentsPermalink
(i) a description of the roles of the offices within the National Security Council, the Department of Defense, and the Department of State engaged in message outreach to audiences abroad; andCommentsClose CommentsPermalink
(ii) an explanation of how the National Security Council, the Department of Defense, and the Department of State coordinate strategic communication and public diplomacy activities.CommentsClose CommentsPermalink
(3) SUBSEQUENT REPORT- Two years after the submission of the initial report under paragraph (1), the President shall submit to the appropriate committees of Congress a report on--CommentsClose CommentsPermalink
(A) the status of the implementation of the strategy;CommentsClose CommentsPermalink
(B) progress toward achievement of benchmarks; andCommentsClose CommentsPermalink
(C) any changes to the strategy since the submission of the initial report.CommentsClose CommentsPermalink
(b) Report by Secretary of Defense- Not later than December 31, 2009, the Secretary of Defense shall review, and submit to the congressional defense committees a report on, the organizational structure within the Department of Defense for advising the Secretary on the direction and priorities for strategic communication activities, including an assessment of the option of establishing a board, composed of representatives from among the organizations within the Department responsible for strategic communications, public diplomacy, and public affairs, and including advisory members from the broader interagency community as appropriate, for purposes of--CommentsClose CommentsPermalink
(1) providing strategic direction for Department of Defense efforts related to strategic communications and public diplomacy; andCommentsClose CommentsPermalink
(2) setting priorities for the Department of Defense in the areas of strategic communications and public diplomacy.CommentsClose CommentsPermalink
(c) Form and Availability of Reports-CommentsClose CommentsPermalink
(1) FORM- The reports required by this section may be submitted in a classified form.CommentsClose CommentsPermalink
(2) AVAILABILITY- Any unclassified portions of the reports required by this section shall be made available to the public.CommentsClose CommentsPermalink
(d) Appropriate Committees- For the purposes of this section, the appropriate committees of Congress are the following:CommentsClose CommentsPermalink
(1) The Committees on Foreign Relations, Armed Services, and Appropriations of the Senate.CommentsClose CommentsPermalink
(2) The Committees on Foreign Affairs, Armed Services, and Appropriations of the House of Representatives.CommentsClose CommentsPermalink
SEC. 1056. PROHIBITIONS RELATING TO PROPAGANDA.CommentsClose CommentsPermalink
(a) Prohibition- No part of any funds authorized to be appropriated in this or any other Act shall be used by the Department of Defense for publicity or propaganda purposes within the United States not otherwise specifically authorized by law.CommentsClose CommentsPermalink
(b) Report- Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to Congress a report on the findings of their project number D2008-DIPOEF-0209.000, entitled ‘Examination of Allegations Involving DoD Office of Public Affairs Outreach Program’.CommentsClose CommentsPermalink
(c) Legal Opinion- Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall issue a legal opinion to Congress on whether the Department of Defense violated appropriations prohibitions on publicity or propaganda activities established in Public Laws 107-117, 107-248, 108-87, 108-287, 109-148, 109-289, and 110-116, the Department of Defense Appropriations Acts for fiscal years 2002 through 2008, respectively, by offering special access to prominent persons in the private sector who serve as media analysts, including briefings and information on war efforts, meetings with high level government officials, and trips to Iraq and Guantanamo Bay, Cuba.CommentsClose CommentsPermalink
(d) Rule of Construction Related to Intelligence Activities- Nothing in this section shall be construed to apply to any lawful and authorized intelligence activity of the United States Government.CommentsClose CommentsPermalink
SEC. 1057. SENSE OF CONGRESS ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL.CommentsClose CommentsPermalink
It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the interrogation of enemy prisoners of war, civilian internees, retained persons, other detainees, terrorists, and criminals when captured, transferred, confined, or detained during or in the aftermath of hostilities is an inherently governmental function and cannot appropriately be transferred to private sector contractors;CommentsClose CommentsPermalink
(2) not later than one year after the date of the enactment of this Act, the Secretary of Defense should develop the resources needed to ensure that interrogations described in paragraph (1) can be conducted by government personnel and not by private sector contractors; andCommentsClose CommentsPermalink
(3) properly trained and cleared contractors may appropriately be used as linguists, interpreters, report writers, information technology technicians, and other employees filling ancillary positions, if the private sector contractors are subject to the same rules, procedures, policies, and laws pertaining to detainee operations and interrogations that govern the execution of these positions by government personnel.CommentsClose CommentsPermalink
SEC. 1058. SENSE OF CONGRESS WITH RESPECT TO VIDEOTAPING OR OTHERWISE ELECTRONICALLY RECORDING STRATEGIC INTELLIGENCE INTERROGATIONS OF PERSONS IN THE CUSTODY OF OR UNDER THE EFFECTIVE CONTROL OF THE DEPARTMENT OF DEFENSE.CommentsClose CommentsPermalink
(a) In General- It is the sense of Congress that the Secretary of Defense should take such actions as are necessary to ensure that each strategic intelligence interrogation of any person who is in the custody or under the effective control of the Department of Defense or under detention in a Department of Defense facility is videotaped or otherwise electronically recorded.CommentsClose CommentsPermalink
(b) Strategic Intelligence Interrogation Defined- For purposes of this section, the term ‘strategic intelligence interrogation’ means an interrogation of a person described in subsection (a) conducted at a theater-level detention facility.CommentsClose CommentsPermalink
SEC. 1059. MODIFICATION OF DEADLINES FOR STANDARDS REQUIRED FOR ENTRY TO MILITARY INSTALLATIONS IN THE UNITED STATES.CommentsClose CommentsPermalink
Section 1069(c) of the National Defense Authorization Act of Fiscal Year 2008 (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking ‘July 1, 2008’ and inserting ‘February 1, 2009’; andCommentsClose CommentsPermalink
(B) by striking ‘January 1, 2009’ and inserting ‘October 1, 2010’; andCommentsClose CommentsPermalink
(2) in paragraph (2), by striking ‘implemented’ and inserting ‘developed’.CommentsClose CommentsPermalink
SEC. 1060. EXTENSION OF CERTAIN DATES FOR CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE UNITED STATES.CommentsClose CommentsPermalink
(a) Extension of Dates- Section 1062 of the National Defense Authorization Act for Fiscal Year 2008 (
(1) in subsection (e), by striking ‘December 1, 2008’ and inserting ‘April 1, 2009’; andCommentsClose CommentsPermalink
(2) in subsection (g), by striking ‘June 1, 2009’ and inserting ‘September 30, 2009’.CommentsClose CommentsPermalink
(b) Interim Report- Not later than December 1, 2008, the Congressional Commission on the Strategic Posture of the United States shall submit to the President, the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives an interim report on the commission’s initial findings, conclusions, and recommendations. To the extent practicable, the interim report shall address the matters required to be included in the report under subsection (e) of such section 1062.CommentsClose CommentsPermalink
SEC. 1061. TECHNICAL AND CLERICAL AMENDMENTS.CommentsClose CommentsPermalink
(a) Title 10, United States Code- Title 10, United States Code, is amended as follows:CommentsClose CommentsPermalink
(1) The table of sections at the beginning of chapter 2 is amended by inserting after the item relating to 118a the following new item:CommentsClose CommentsPermalink
‘118b. Quadrennial roles and missions review.’.CommentsClose CommentsPermalink
(2) The table of sections at the beginning of chapter 5 is amended in the item relating to section 156 by inserting a period at the end.CommentsClose CommentsPermalink
(3) The table of sections at the beginning of chapter 7 is amended in the item relating to section 183 by inserting a period at the end.CommentsClose CommentsPermalink
(4) Section 1477(e) is amended by inserting a period at the end.CommentsClose CommentsPermalink
(5) Section 2192a is amended--CommentsClose CommentsPermalink
(A) in subsection (e)(4), by striking ‘title 11, United States Code,’ and inserting ‘title 11’; andCommentsClose CommentsPermalink
(B) in subsection (f), by striking ‘title 10, United States Code’ and inserting ‘this title’.CommentsClose CommentsPermalink
(6) The table of chapters at the beginning of subtitle C, and the table of chapters at the beginning of part IV of such subtitle, are each amended by striking the item relating to chapter 667 and inserting the following new item:CommentsClose CommentsPermalink
7911’.CommentsClose CommentsPermalink
(b) National Defense Authorization Act for Fiscal Year 2008- Effective as of January 28, 2008, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2008 (
(1) Section 371(c) (122 Stat. 80) is amended by striking ‘operational strategies’ and inserting ‘operational systems’.CommentsClose CommentsPermalink
(2) Section 585(b)(3)(C) (122 Stat. 132) is amended by inserting ‘both places it appears’ before the period at the end.CommentsClose CommentsPermalink
(3) Section 703(b) (122 Stat. 103) is amended by striking ‘as amended by’ and inserting ‘as inserted by’.CommentsClose CommentsPermalink
(4) Section 805(a) (122 Stat. 212) is amended by striking ‘Act ,’ and inserting ‘Act,’.CommentsClose CommentsPermalink
(5) Section 883(b) (122 Stat. 264) is amended by striking ‘Section 832(c)(1) of such Act, as redesignated by subsection (a), is amend by’ and inserting ‘Section 832(b)(1) of such Act is amended by’.CommentsClose CommentsPermalink
(6) Section 890(d)(2) (122 Stat. 270) is amended by striking ‘sections’ and inserting ‘parts’.CommentsClose CommentsPermalink
(7) Section 904(a)(4) (122 Stat. 274) is amended by striking ‘131(b)(2)’ and inserting ‘131(b)’.CommentsClose CommentsPermalink
(8) Section 954(a)(3)(B) (122 Stat. 294) is amended by inserting ‘, as redesignated by section 524(a)(1)(A),’ after ‘of such title’.CommentsClose CommentsPermalink
(9) Section 954(b)(2) (122 Stat. 294) is amended--CommentsClose CommentsPermalink
(A) by striking ‘2114(e) of such title’ and inserting ‘2114(f) of such title, as redesignated by section 524(a)(1)(A),’; andCommentsClose CommentsPermalink
(B) by striking the period at the end and inserting ‘and inserting ‘President’.’.CommentsClose CommentsPermalink
(10) Section 1063(d)(1) (122 Stat. 323) is amended by striking ‘a semicolon after ‘subsection’ and inserting ‘a comma after ‘subsection’.CommentsClose CommentsPermalink
(11) Section 1229(i)(3) (122 Stat. 383) is amended by striking ‘publically’ and inserting ‘publicly’.CommentsClose CommentsPermalink
(12) Section 1422(e)(2) (122 Stat. 422) is amended by striking ‘subsection (c)’ and inserting ‘subsection (c)(1)’.CommentsClose CommentsPermalink
(13) Section 1602(4) (122 Stat. 432) is amended by striking ‘section 411 h(b)’ and inserting ‘section 411h(b)(1)’.CommentsClose CommentsPermalink
(14) Section 1617(b) (122 Stat. 449) is amended by striking ‘by adding at the end’ and inserting ‘by inserting after the item relating to section 1074k’.CommentsClose CommentsPermalink
(15) Section 2106 (122 Stat. 508) is amended by striking ‘for 2007’ both places it appears and inserting ‘for Fiscal Year 2007’.CommentsClose CommentsPermalink
(16) Section 2826(a)(2)(A) (122 Stat. 546) is amended by striking ‘Secretary of the Army’ and inserting ‘Secretary of Army’.CommentsClose CommentsPermalink
(c) Title 31, United States Code- Title 31, United States Code, is amended as follows:CommentsClose CommentsPermalink
(1) Chapter 35 is amended by striking the first section 3557.CommentsClose CommentsPermalink
(2) The second section 3557 is amended in the section heading by striking ‘Public-Private’ and inserting ‘public-private’.CommentsClose CommentsPermalink
(3) The table of sections at the beginning of chapter 35 is amended by striking the second item relating to section 3557.CommentsClose CommentsPermalink
(d) Title 28, United States Code-
(e) Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005- Section 721(e) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
SEC. 1062. NOTIFICATION OF COMMITTEES ON ARMED SERVICES WITH RESPECT TO CERTAIN NONPROLIFERATION AND PROLIFERATION ACTIVITIES.CommentsClose CommentsPermalink
(a) Notification With Respect to Nonproliferation Activities- The Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, the Secretary of State, and the Nuclear Regulatory Commission shall keep the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives informed with respect to--CommentsClose CommentsPermalink
(1) any activities undertaken by any such Secretary or the Commission to carry out the purposes and policies of the Secretaries and the Commission with respect to nonproliferation programs; andCommentsClose CommentsPermalink
(2) any other activities undertaken by any such Secretary or the Commission to prevent the proliferation of nuclear, chemical, or biological weapons or the means of delivery of such weapons.CommentsClose CommentsPermalink
(b) Notification With Respect to Proliferation Activities in Foreign Nations-CommentsClose CommentsPermalink
(1) IN GENERAL- The Director of National Intelligence shall keep the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives fully and currently informed with respect to any activities of foreign nations that are significant with respect to the proliferation of nuclear, chemical, or biological weapons or the means of delivery of such weapons.CommentsClose CommentsPermalink
(2) FULLY AND CURRENTLY INFORMED DEFINED- For purposes of paragraph (1), the term ‘fully and currently informed’ means the transmittal of credible information with respect to an activity described in such paragraph not later than 60 days after becoming aware of the activity.CommentsClose CommentsPermalink
SEC. 1063. ASSESSMENT OF SECURITY MEASURES AT CONSOLIDATED CENTER FOR NORTH AMERICAN AEROSPACE DEFENSE COMMAND AND UNITED STATES NORTHERN COMMAND.CommentsClose CommentsPermalink
(a) Assessment Required- The Secretary of Defense shall conduct an assessment of the adequacy of security measures for the consolidated command center for North American Aerospace Defense Command and United States Northern Command at Peterson Air Force Base, Colorado.CommentsClose CommentsPermalink
(b) Elements- The assessment required in paragraph (a) shall include the following:CommentsClose CommentsPermalink
(1) A description of the security measures taken and planned for the consolidated command center as of October 1, 2008.CommentsClose CommentsPermalink
(2) An assessment of whether existing and planned security measures for the consolidated command center are adequate to provide the necessary level of protection.CommentsClose CommentsPermalink
(3) An estimate of the total costs associated with such security measures adequate to provide the necessary level of protection.CommentsClose CommentsPermalink
(c) Report Required- Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the assessment required in subsection (a).CommentsClose CommentsPermalink
(d) Additional Requirement- The Secretary of Defense shall ensure that redundant facilities and equipment, along with the appropriate manning necessary to ensure the continuity of operations, are maintained at Cheyenne Mountain Air Force Station until the Secretary certifies that security measures have been instituted that bring the consolidated command center for North American Aerospace Defense Command and United States Northern Command into full compliance with Protection Level One requirements, as defined by Air Force Instruction 31-101, dated March 1, 2007.CommentsClose CommentsPermalink
TITLE XI--CIVILIAN PERSONNEL MATTERSCommentsClose CommentsPermalink
Sec. 1101. Authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.CommentsClose CommentsPermalink
Sec. 1102. Temporary discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone.CommentsClose CommentsPermalink
Sec. 1103. Election of insurance coverage by Federal civilian employees deployed in support of a contingency operation.CommentsClose CommentsPermalink
Sec. 1104. Extension of authority to make lump-sum severance payments.CommentsClose CommentsPermalink
Sec. 1105. Extension of voluntary reduction-in-force authority of Department of Defense.CommentsClose CommentsPermalink
Sec. 1106. Enhancement of authorities relating to additional positions under the national security personnel system.CommentsClose CommentsPermalink
Sec. 1107. Expedited hiring authority for health care professionals.CommentsClose CommentsPermalink
Sec. 1108. Direct hire authority at personnel demonstration laboratories for certain candidates.CommentsClose CommentsPermalink
Sec. 1109. Status reports relating to laboratory personnel demonstration projects.CommentsClose CommentsPermalink
Sec. 1110. Technical amendment relating to definition of professional accounting position for purposes of certification and credentialing standards.CommentsClose CommentsPermalink
Sec. 1111. Exceptions and adjustments to limitations on personnel and reports on such exceptions and adjustments.CommentsClose CommentsPermalink
SEC. 1101. AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.CommentsClose CommentsPermalink
(a) Waiver Authority- During calendar year 2009, and notwithstanding
(1) a military operation, including a contingency operation; orCommentsClose CommentsPermalink
(2) an operation in response to a national emergency declared by the President.CommentsClose CommentsPermalink
(b) Applicability of Aggregate Limitation on Pay-
(c) Additional Pay Not Considered Basic Pay- To the extent that a waiver under subsection (a) results in payment of additional premium pay of a type that is normally creditable as basic pay for retirement or any other purpose, such additional pay shall not be considered to be basic pay for any purpose, nor shall it be used in computing a lump-sum payment for accumulated and accrued annual leave under
(d) Regulations- The Director of the Office of Personnel Management may issue regulations to ensure appropriate consistency among heads of executive agencies in the exercise of authority granted by this section.CommentsClose CommentsPermalink
SEC. 1102. TEMPORARY DISCRETIONARY AUTHORITY TO GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.CommentsClose CommentsPermalink
(a) In General- Section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (
(1) by striking ‘During fiscal years 2006, 2007, and 2008’ and inserting ‘(1) During fiscal years 2006 (including the period beginning on October 1, 2005, and ending on June 15, 2006), 2007, and 2008’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) During fiscal years 2009, 2010, and 2011, the head of an agency may, in the agency head’s discretion, provide to an individual employed by, or assigned or detailed to, such agency allowances, benefits, and gratuities comparable to those provided by the Secretary of State to members of the Foreign Service under section 413 and chapter 9 of title I of the Foreign Service Act of 1980, if such individual is on official duty in a combat zone (as defined by section 112(c) of the Internal Revenue Code of 1986).’.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by subsection (a) shall take effect as if included in the enactment of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (
SEC. 1103. ELECTION OF INSURANCE COVERAGE BY FEDERAL CIVILIAN EMPLOYEES DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.CommentsClose CommentsPermalink
(a) Automatic Coverage-
(1) by inserting ‘an employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or’ after ‘subsection (b),’; andCommentsClose CommentsPermalink
(2) by striking ‘the date of the’ and inserting ‘the date of notification of deployment or’.CommentsClose CommentsPermalink
(b) Optional Insurance- Section 8714a(b) of such title is amended--CommentsClose CommentsPermalink
(1) by designating the text as paragraph (2); andCommentsClose CommentsPermalink
(2) by inserting before paragraph (2), as so designated, the following new paragraph (1):CommentsClose CommentsPermalink
‘(1) An employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or an employee of the Department of Defense who is designated as emergency essential under section 1580 of title 10 shall be insured under the policy of insurance under this section if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An election under this paragraph shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.’.CommentsClose CommentsPermalink
(c) Additional Optional Life Insurance- Section 8714b(b) of such title is amended--CommentsClose CommentsPermalink
(1) by designating the text as paragraph (2); andCommentsClose CommentsPermalink
(2) by inserting before paragraph (2), as so designated, the following new paragraph (1):CommentsClose CommentsPermalink
‘(1) An employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or an employee of the Department of Defense who is designated as emergency essential under section 1580 of title 10 shall be insured under the policy of insurance under this section if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An election under this paragraph shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.’.CommentsClose CommentsPermalink
SEC. 1104. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM SEVERANCE PAYMENTS.CommentsClose CommentsPermalink
SEC. 1105. EXTENSION OF VOLUNTARY REDUCTION-IN-FORCE AUTHORITY OF DEPARTMENT OF DEFENSE.CommentsClose CommentsPermalink
SEC. 1106. ENHANCEMENT OF AUTHORITIES RELATING TO ADDITIONAL POSITIONS UNDER THE NATIONAL SECURITY PERSONNEL SYSTEM.CommentsClose CommentsPermalink
(1) in paragraph (1), by striking ‘the requirements of chapter 71 and the limitations in subsection (b)(3)’ and inserting ‘the requirements and limitations in paragraph (3)’; andCommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (2) and inserting ‘, in a manner comparable to that in which such provisions are applied under chapter 33.CommentsClose CommentsPermalink
‘(3) Any action taken by the Secretary pursuant to the authority of this subsection shall be subject to--CommentsClose CommentsPermalink
‘(A) the requirements of chapter 71; andCommentsClose CommentsPermalink
‘(B) the limitations in subsection (b)(3), except that the requirements of chapter 33 may be waived to the extent necessary to achieve the purposes of this subsection.’.CommentsClose CommentsPermalink
SEC. 1107. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE PROFESSIONALS.CommentsClose CommentsPermalink