110th Congress > House > Vote 1806
Clerk session vote number: 631
Description: National Defense Authorization Act for Fiscal Year 2009
Bill summary: (This measure has not been amended since it was passed by the House on September 24, 2008. The summary of that version is repeated here.)
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 - Expresses 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 gratitude of Congress
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and the Nation.
Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations
- (Sec. 101) Authorizes appropriations for FY2009 for the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement, and for the Joint Improvised Explosive Device Defeat Fund.
(Sec. 104) Authorizes appropriations for FY2009 for: (1) defense-wide procurement; and (2) National Guard and reserve equipment.
Subtitle B: Army Programs
- (Sec. 111) Directs the Secretary of Defense (Secretary), for FY2011 and thereafter, to ensure that, in each budget submission to the President, a separate, dedicated procurement line item is designated for five specified elements of the Future Combat Systems (FCS) program, to the extent that the budget submission includes funding for such elements.
(Sec. 112) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2008 to state that in the case of the FCS program, the prime contractor shall be considered a lead systems integrator until 45 days after the Secretary of the Army certifies to the congressional defense and appropriations committees that such contractor is no longer serving as a lead systems integrator.
(Sec. 113) Requires a report from the Assistant Secretary of Defense for Networks and Information Integration to the defense and appropriations committees on Army tactical radio fielding plans by March 30, 2009. Prohibits more than 75% of the FY2009 funds authorized under this Act for Army tactical radio systems from being obligated or expended until 30 days after such report is received.
(Sec. 114) Directs the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) to certify to the defense and appropriations committees that the Army reconnaissance helicopter has: (1) been certified; (2) been restructured as an Army acquisition program; (3) satisfactorily completed a limited user test; and (4) been approved to enter milestone C. Prohibits more than 20% of the FY2009 funds authorized for such helicopter from being obligated or expended until 30 days after such report is received.
(Sec. 115) Prohibits Army procurement funds from being obligated or expended for procurement of the Stryker Mobile Gun system until the Under Secretary certifies to the defense and appropriations committees the approval of an Army plan to mitigate all system deficiencies. Requires semiannual reports through 2011 from the Secretary of the Army on the status of Army actions to mitigate all such deficiencies. Authorizes the Secretary to waive the funding prohibition if the Secretary: (1) determines that continued procurement of system vehicles will provide a vital combat capability to the Armed Forces; and (2) notifies the defense and appropriations committees of such waiver and the reasons therefor.
Subtitle C: Navy Programs
- (Sec. 121) Earmarks specified Navy procurement funds for commencement of the nuclear refueling and complex overhaul of the aircraft carrier U.S.S. Theodore Roosevelt during FY2009. Authorizes the Secretary of the Navy to enter into a contract for such purposes.
(Sec. 122) Amends the NDAA for Fiscal Year 2006 to authorize additional adjustments to the per-vessel cost limits under the littoral combat ship program for fluctuations attributable to economic inflation after FY2009 or to the insertion of new technology.
(Sec. 123) Requires a report from the Secretary to the defense and appropriations committees on F/A-18 aircraft procurement, including a recommendation as to whether Congress should authorize a multiyear procurement contract for such aircraft.
(Sec. 124) Amends the NDAA for Fiscal Year 2008 to authorize the Secretary of the Navy to enter into contracts for advance procurement and construction of components for the Virginia-class submarine program if such Secretary determines that cost savings or construction efficiencies may be achieved through such contracts.
Subtitle D: Air Force Programs
- (Sec. 131) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to require the Secretary of the Air Force to maintain at least 74 (under law current law, all) of the KC-135E aircraft retired after FY2006 in a condition that would allow recall for future service.
(Sec. 132) Amends the NDAA for Fiscal Year 2004 to repeal multiyear contracting authority for the procurement of tanker aircraft.
(Sec. 133) Requires a report from the Secretary to the defense and appropriations committees regarding the competition for the KC-(X) tanker aircraft that was terminated on September 10, 2008. Directs the Secretary to: (1) reassess the requirements for aerial refueling that were validated by the Joint Requirements Oversight Council; and (2) report reassessment results to such committees.
(Sec. 134) Earmarks specified Air Force procurement funds for advance procurement of F-22A fighter aircraft. Limits the obligation of such funds until 15 days after a national interest certification from the President to the defense and appropriations committees.
Subtitle E: Joint and Multiservice Matters
- (Sec. 141) Directs the Secretary to include with annual defense budget materials: (1) an annual plan for the procurement of aircraft for the Navy and Air Force; and (2) a certification that future-year budgets provide for the funding of such aircraft at levels sufficient to cover plan requirements. Outlines: (1) the aircraft covered under the plan and certification; and (2) annual aircraft procurement plan requirements. Provides that, when an annual budget is insufficient to cover procurement plan requirements, the Secretary shall include an assessment of the risks associated with the resulting reduced force structure.
(Sec. 142) Requires a report from the Secretary to the defense and appropriations committees on body armor acquisition strategy.
(Sec. 143) Directs the Secretary to report to the defense and appropriations committees on the small arms requirements of the Armed Forces and the U.S. industrial base. Requires that, if the Army small arms assessments identifies gaps and a new individual weapon is required to address such gaps, then the Secretary shall procure such weapon using full and open contract competition.
(Sec. 144) Directs the Secretary to: (1) establish a policy and acquisition strategy for intelligence, surveillance, and reconnaissance payloads and ground stations for manned and unmanned aerial vehicle systems, to be applicable throughout DOD, to achieve integrated research, development, test and evaluation, and procurement commonality; and (2) submit such policy and strategy to the defense, appropriations, and intelligence committees.
(Sec. 145) Requires the Secretary of the Navy to report to the defense and appropriations committees on future jet carrier trainer requirements.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations
- (Sec. 201) Authorizes appropriations for FY2009 for the Armed Forces for research, development, test, and evaluation (RDT&E). Earmarks specified amounts for the Defense Science and Technology Program.
Subtitle B: Program Requirements, Restrictions, and Limitations
- (Sec. 211) Amends the Warner Act to require additional determinations as part of the FCS milestone review.
(Sec. 212) Directs the Assistant Secretary of Defense, Networks and Information Integration to report to the defense and appropriations committees assessing FCS communications network and software.
(Sec. 213) Requires the Secretary of the Army, for 2009 through 2015, to submit a selected acquisition report for each FCS manned ground vehicle variant.
(Sec. 214) Directs the Secretary, for FY2010 and thereafter, to ensure that a separate line item and program element is designated for the Sky Warrior Unmanned Aerial Systems project.
(Sec. 215) Requires the Under Secretary to notify the defense and appropriations committees within five days after completion of specified actions with respect to a program baseline, cost estimate, and technology readiness assessment for the Warfighter Information Network-Tactical (WIN-T) Increment 3 program. Prohibits the obligation or expenditure of more than 50% of the FY2009 funds authorized for the program until 15 days after such notification is received.
(Sec. 216) Requires the Secretaries of the Army and Air Force, for FY2009 and thereafter, to fund specified joint cargo aircraft expenditures only through amounts made available for procurement or RDT&E.
(Sec. 217) Requires the Secretary to develop and submit to Congress a plan to conduct and support research, development, and demonstration of technologies that could evolve into the next generation of overhead non-imaging infrared systems. Prohibits the obligation of more than 50% of amounts authorized for the Air Force Third Generation Infrared Surveillance program until 30 days after such plan is submitted.
(Sec. 218) Directs the Secretary to develop and submit to the defense and appropriations a multiyear roadmap to develop advanced energy storage technologies and sustain domestic advanced energy storage technology manufacturing capabilities and a supply chain to ensure that DOD has assured access to advanced energy storage technologies to support current and emerging military needs. Requires a report from the Secretary to such committees on FY2008-FY2010 DOD expenditures for such technology.
(Sec. 219) Requires the Secretary to: (1) establish mechanisms under which the director of a defense laboratory may utilize up to 3% of the funds made available to such laboratory through DOD for research and development of technologies in support of military missions; and (2) report annually to the defense and appropriations committees on the use of such authority. Terminates such authority at the end of FY2012.
(Sec. 220) Requires, as of October 1, 2012, each DOD airborne intelligence collection system connected to the Distributed Common Ground/Surface System to have the capability to operate with the Network-Centric Collaborative Targeting System. Authorizes case-by-case waivers of such requirement by the Chairman of the Joint Requirements Oversight Council.
(Sec. 221) Prohibits the obligation or expenditure of more than 70% of the RDT&E funds authorized for the enhanced AN/TPQ-36 radar system until the Secretary of the Army reports to the defense and appropriations committees describing the plan to transition the Counter-Rockets, Artillery, and Mortars program to a program of record.
Subtitle C: Missile Defense Programs
- (Sec. 231) Amends the NDAA for Fiscal Year 2002 to require the Director of Operational Test and Evaluation (OT&E) to annually characterize the operational effectiveness, suitability, and survivability of the ballistic missile defense (BMD) system and elements that have been fielded or tested during the preceding fiscal year.
(Sec. 232) Directs the: (1) Secretary to enter into an agreement with the National Academy of Sciences (NAS) for an independent study of concepts and systems for boost phase missile defense; and (2) NAS to report its findings, conclusions, and recommendations to the Secretary and defense and appropriations committees. Provides funding.
(Sec. 233) Prohibits any DOD funds for FY2009 or thereafter from being obligated or expended for procurement, site activation, construction, preparation of equipment for, or deployment of a long-range missile defense system in Europe until: (1) the host nation has signed and ratified the missile defense basing and status of forces agreements that allow for the stationing in their country of the radar, site, and personnel needed to carry out such deployment; (2) 45 days have elapsed following receipt by the defense and appropriations committees of a report required under the NDAA for Fiscal Year 2008 concerning an independent assessment for ballistic missile defenses in Europe; and (3) the Secretary has certified to such committees that the proposed interceptor to be deployed under such system has demonstrated a high probability of working in an operationally effective manner and the ability to accomplish the mission.
(Sec. 234) Directs the Secretary to review, and report to Congress on, U.S. BMD policy and strategy.
(Sec. 235) Requires the OT&E Director to: (1) review and evaluate testing conducted on the first Airborne Laser system aircraft; and (2) report to the Secretary and Congress on such system's operational effectiveness, suitability, and survivability. Prohibits funding for a second or subsequent aircraft under such program until the later of: (1) the date that the Secretary certifies to Congress as to the system's effectiveness; or (2) 60 days after receipt of the report required under section 232, above.
(Sec. 236) Earmarks specified RDT&E funds for the activation and deployment of the AN/TPY-2 forward-based X-band radar to a classified location. Prohibits the availability of such funds until the Secretary reports to the defense committees on such deployment.
Subtitle D: Reports
- (Sec. 241) Requires biennial reports from the Secretary to the defense and appropriations committees on the conduct and outcomes of joint and service concept development and experimentation.
(Sec. 242) Directs the Secretary to: (1) carry out an independent assessment of the participation of historically black colleges and universities, minority-serving institutions, Hispanic-serving institutions, tribal colleges and universities, and other minority postsecondary institutions in DOD research and educational programs and activities; and (2) report assessment results to the defense and appropriations committees.
(Sec. 243) Directs the Secretary to report to the defense committees on implementation of recommendations of the Defense Science Board Task Force on Directed Energy Weapons.
Subtitle E: Other Matters
- (Sec. 251) Requires that, if a decision is made within DOD to proceed to operational use of a personnel protective system or other designated system, before Milestone C approval of that system, the Secretary shall report to the defense and appropriations committees on the status of survivability and live-fire testing of that system. Removes the requirement that the OT&E Director monitor and review all DOD operational test and evaluation.
(Sec. 252) Amends the NDAA for Fiscal Year 2008 to include within a required report certain descriptions and analyses concerning interoperability and security of information technologies for sharing health care information between DOD and the Department of Veterans Affairs. Requires the Director of the Department of Defense-Department of Veterans Affairs Interagency Program Office to develop or adopt technology-neutral information technology infrastructure guidelines and standards for use by such departments to effectively select and utilize information technologies.
(Sec. 253) Requires the Under Secretary to: (1) assess the feasibility of consolidating various technology transition programs into a unified effort managed by a senior DOD official; and (2) report on such assessment to the defense and appropriations committees. Repeals the requirement for an annual technology transition initiative report.
(Sec. 254) Requires the: (1) Secretary to conduct an assessment of selected covered acquisition programs to identify vulnerabilities in the supply chain of each program's information processing systems that potentially compromise the level of trust in such systems; (2) Under Secretary to assess various methods of verifying the trust of semiconductors procured by DOD from commercial sources for use in mission-critical components of potentially vulnerable defense systems; (3) the lead person for managing risk in the supply chain for covered acquisition programs to develop a strategy for managing the risk assessed under (1) and (2), above; (4) Secretary to develop a policy and actions for ensuring trust in the integrated circuit development and production process; and (5) Secretary to submit to the defense and appropriations committees the assessments, strategy, and policy and actions undertaken or developed under this section.
(Sec. 255) Directs the Secretary and the Chairman of the Joint Chiefs of Staff (JCS) to: (1) assess a joint approach to the future development of vertical lift aircraft and rotorcraft for all military services; and (2) report assessment results to the defense and appropriations committees.
(Sec. 256) Directs the Secretary to designate a senior DOD official as the executive agent for printed circuit board technology.
(Sec. 257) Authorizes funds for conventional prompt global strike capability development only for those activities expressly delineated in the expenditure plan for FY2008-FY2009 as required under the NDAA for Fiscal Year 2008 and submitted to the defense and appropriations committees, or those activities otherwise expressly authorized by Congress. Requires the Secretary to: (1) report to the defense and appropriations committees on the technology applications developed during FY2009 pursuant to such activities; (2) review each nonnuclear prompt global strike concept with respect to which the President requests funding in the FY2010 budget; and (3) report review results to the defense and appropriations committees.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations
- (Sec. 301) Authorizes appropriations for FY2009 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
Subtitle B: Environmental Provisions
- (Sec. 311) Authorizes the Secretary or Secretary of the military department concerned, when engaged in a military operation (including construction) that may or will result in an adverse impact to one or more protected wildlife habitat or species, to make payments to a conservation banking program or a federally approved "in-lieu-fee" mitigation sponsor.
(Sec. 312) Authorizes the Secretary to transfer specified funds to the Moses Lake Wellfield Superfund Site Special Account to reimburse the Environmental Protection Agency (EPA) for costs incurred in overseeing a remedial investigation and feasibility study performed by the Army.
(Sec. 313) Amends the Sikes Act to allow DOD cooperative agreement authority for the management of natural resources to include certain maintenance and improvement of natural resources located off of a DOD installation.
(Sec. 314) Requires the Secretary to: (1) expedite the use of unexploded ordnance detection technology developed through research funded by DOD or developed by entities other than DOD; and (2) report to the defense committees on amounts allocated and activities undertaken with respect to such technology.
(Sec. 315) Directs the Secretary to report to Congress a review of DOD policies concerning the sale and disposal of used motor vehicle lubricating oil, along with an evaluation of the feasibility and desirability of implementing policies to require closed loop recycling of used oil.
(Sec. 316) Directs the Secretary to establish a program to control and 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 such snakes.
Subtitle C: Workplace and Depot Issues
- (Sec. 321) Requires the Director of the Office of Management and Budget (OMB) to: (1) review the definition of "inherently governmental function" to ensure that only officers or employees of the federal government or members of the Armed Forces perform inherently governmental functions or other critical functions necessary for the mission of a federal department or agency; (2) develop a single definition that would address any deficiencies found; (3) provide criteria to ensure that officers, employees, or members holding such positions have sufficient expertise and technical capability to perform such inherently governmental or critical functions; and (4) report to specified congressional committees on actions taken.
(Sec. 322) Directs the Secretary to contract with an independent nonprofit entity or federally funded research and development corporation (FFRDC) for a study on the capability and efficiency of DOD depots to provide the logistics capabilities and capacity necessary for national defense. Requires: (1) an interim and final report from the entity or FFRDC chosen to the defense committees; and (2) the Comptroller General (CG) to review the final report and submit to such committees an assessment of the feasibility of the recommendations.
(Sec. 323) Directs the CG to submit to the defense and appropriations committees a review on the high-performing organization initiatives of DOD.
(Sec. 324) Prohibits the Secretary of the Air Force from consolidating aircraft repair facilities and personnel of the active Air Force with such facilities and personnel of the Air National Guard until: (1) the Secretary of the Air Force reports to the defense committees on the criteria being used to evaluate the feasibility of consolidating such functions into a total-force approach; (2) the Secretary of the Air Force submits to such committees the findings of a Rand Corporation feasibility study on implementation of such consolidation; (3) the Chief of the National Guard Bureau submits to such committees an assessment of the proposed consolidation; and (4) the Secretary of Defense certifies that such consolidation is in the national interest and will not adversely affect recruitment, retention, or execution of the Air National Guard mission.
(Sec. 325) Directs the Secretary of the Air Force to submit to the defense committees: (1) the Air Force plan for implementing the direction of the Base Closure and Realignment Commission for the consolidation of transactional workloads from the civilian personnel offices within the service components and defense agencies, while retaining sufficient positions and personnel to support the civilian workforce; and (2) biannual updates of such plan until January, 2012.
(Sec. 326) Requires a report from the Secretary of the Air Force to Congress on the effect of the reduction in firefighters on Air Force bases during the three preceding fiscal years.
(Sec. 327) Includes Army depots in Arkansas, Illinois, and New York within covered depots for which the Secretary of a military department shall invest a prescribed percentage into their capital budgets.
Subtitle D: Energy Security
- (Sec. 331) Directs the Secretary, simultaneously with an annual report concerning DOD progress in meeting energy performance goals, to report to the defense and appropriations committees on operational energy management and the implementation of a required operational energy strategy.
(Sec. 332) Directs the Secretary, in the case of analyses and force planning processes used to establish logistics capability requirements and inform acquisition decisions, to require that such analyses and processes consider the requirements for, and vulnerability of, fuel logistics. Requires the Secretary to: (1) develop and implement a methodology to enable the implementation of a fuel efficiency key performance parameter in the requirements development process; (2) 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; (3) prepare a plan for implementing the requirements of this section; (4) report to the defense and appropriations committees on progress made in implementing the requirements; and (5) within a three-year period after the enactment of this Act, notify such committees that the Secretary has complied with such requirements.
(Sec. 333) Directs the Secretary to study, and report to the defense and appropriations committees on, the feasibility of using solar and wind energy to provide electricity for expeditionary forces.
(Sec. 334) Directs the Secretary to study, and report to the defense and appropriations committees on, alternatives to reduce the life cycle emissions of alternative and synthetic fuels (including coal-to-liquid fuels).
(Sec. 335) Directs the Secretary to: (1) conduct a technical and operational assessment of risks imposed to mission critical DOD installations, facilities, and activities by extended power outages; (2) develop integrated prioritized plans to eliminate, reduce, or mitigate such risks; and (3) report annually to to Congress on such efforts.
Subtitle E: Reports
- (Sec. 341) Requires a report from the CG to the defense committees on the readiness of the regular and reserve components of the Armed Forces.
(Sec. 342) Directs the Secretary, at the same time as submission of the DOD budget for FY2010, to submit to the defense committees a plan to enhance the combat skills of Navy and Air Force personnel.
(Sec. 343) Requires a report from the CG to the defense committees on the use of Army Reserve and National Guard forces as an operational reserve.
(Sec. 344) Directs the CG to report to the defense committees on the correlation between the preparation and operational use of the Army's reserve forces.
(Sec. 345) Requires the CG to report to the defense committees on the adequacy of the funding, staffing, and organization of DOD's Military Munitions Response Program.
Subtitle F: Other Matters
- (Sec. 351) Extends through 2013 required reports concerning DOD compliance in meeting conditions prior to the obligation of funds for a defense business system modernization with a cost in excess of $1 million.
(Sec. 352) Requires the Secretary concerned to ensure that an item authorized to be loaned, given, or exchanged is demilitarized to the extent necessary to render the item unserviceable in the interest of public safety.
(Sec. 353) Repeals the requirement that the Secretary of the Air Force provide A-10 aircraft training and support to other military departments.
(Sec. 354) Directs the Secretary, at the same time as submission of the defense budget for FY2010 and thereafter, to submit to the President a consolidated budget justification display that covers all programs and activities of the Air Force Air Sovereignty Alert mission.
(Sec. 355) Requires the Secretary of the Air Force to revise its Air Freight Transportation Regulation Number 5, dated January 15, 1999, to conform with Defense Transportation Regulations to ensure that freight covered by Regulation 5 is carried in accordance with commercial best practices based upon a mode-neutral approach.
(Sec. 356) Authorizes the Secretary of the Army to convey to the California Department of Forestry and Fire Protection three C-12 aircraft determined to be surplus to Army needs.
(Sec. 357) Amends the Warner Act to prohibit the Commander of the Air Combat Command from using more than four of the 18 B-52 aircraft retired under such Act as maintenance ground training aircraft.
(Sec. 358) Directs the Secretary to take certain steps to ensure an adequate number of military working dogs to meet and sustain DOD mission requirements, and that such dogs are procured as efficiently as possible and at the best value while maintaining the necessary level of quality and encouraging increased domestic breeding.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces
- (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2009.
(Sec. 402) Revises the permanent active-duty minimum end strength levels for the Army, Navy, Marine Corps, and Air Force.
Subtitle B: Reserve Forces
- (Sec. 411) Sets forth authorized end strengths as of the end of FY2009 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2009 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2009 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets, during FY2009, the maximum number of reserve personnel authorized to be on active duty for operational support.
(Sec. 416) Authorizes the President to waive any end strength limitation of reserve personnel authorized to be on active duty when a designation of a major disaster or emergency is in effect.
Subtitle C: Authorization of Appropriations
- (Sec. 421) Authorizes appropriations for FY2009 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally
- (Sec. 501) Requires that, in the calculation of years of active service for a regular Army warrant officer for mandatory retirement purposes, such calculation shall include only years of active service as a warrant officer.
(Sec. 502) Requires a commission or warrant for the promotion of a deceased member to a higher grade to include a certification by the Secretary concerned that, at the time of death, the member was qualified for appointment to the higher grade.
(Sec. 503) Increases from: (1) 302 to 307 the authorized number of Army general officers on active duty; (2) 80 to 81 the authorized number of Marine Corps general officers on active duty; and (3) 12 to 65 the number of joint duty officers that may be excluded from active-duty end strength limitations. Increases the percentage of general and flag officers that may be appointed above the grade of major general or rear admiral. Reserves such percentage increase in Army general officers for those serving in acquisition positions. Reserves five of the newly-designated exempt joint duty officers for general or flag officers who serve in acquisition positions, including one assignment in the Defense Contract Management Agency.
(Sec. 504) States that an officer serving as the Staff Judge Advocate to the Commandant of the Marine Corps shall have the grade of major general. Excludes such position from Marine Corps end strengths for officers above the grade of brigadier general.
(Sec. 505) Makes reserve officers eligible to serve on military boards of inquiry for the separation of regular officers for substandard performance and other reasons.
(Sec. 506) Requires a report from the Secretary to the defense committees on the implementation of a special general and flag officer authority, including validated and required joint duty assignments and the process used to validate such assignments. Prohibits the Secretary from implementing such authority until one year after the submission of such report. Provides a revised distribution limit for active-duty general and flag officers after the implementation date. Excludes certain officers, including those serving in joint duty assignments and the officer serving as Attending Physician to the Congress, from the revised limits.
Authorizes the President to appoint general and flag officer grades in excess of the revised limits in connection with offsetting reductions. Sets the authorized end strength limits, for general and flag officers serving on active duty, after the implementation date at: (1) 225 for the Army; (2) 160 for the Navy; (3) 208 for the Air Force; and (4) 60 for the Marine Corps.
Allows the Secretary to designate up to 324 general and flag officer positions for joint duty assignments. Excludes those positions from the revised general and flag officer end strengths. Provides an additional exclusion for general and flag officers assigned to temporary joint duty assignment billets, as well as certain reserve officers on temporary joint duty assignments.
Subtitle B: Reserve Component Management
- (Sec. 511) Extends to the Secretary of the Air Force the authority to defer until age 60 the mandatory separation of reserve dual-status military technicians.
(Sec. 512) Increases the authorized end strength for the following officers and enlisted personnel serving in support of the reserves: (1) Army National Guard and Marine Corps Reserve officers; (2) Air National Guard officers; and (3) Army National Guard enlisted personnel.
(Sec. 513) Allows National Guard officers to be considered for promotion when ordered to or serving on active duty in support of a contingency operation.
(Sec. 514) Allows reserve officers assigned to duties with the Selective Service System or as National Guard property and fiscal officers to be retained in active status until age 62 (currently, 60). Extends similarly such retention authority with respect to certain reserve officers serving in the grades of major, lieutenant colonel, colonel, or brigadier general.
(Sec. 515) Authorizes the Secretaries of the Army or Air Force to retain reserve officers in the grade of lieutenant general beyond the mandatory retirement age for years of service, up until the officer becomes 66.
(Sec. 516) Authorizes the Secretary concerned to retain until age 68 National Guard and reserve chaplains and officers serving in health profession specialties.
(Sec. 517) Authorizes all National Guard officers (current law allows only such officers in command of a National Guard unit) to retain their state status while serving on active duty when authorized by the President and with the consent of the state governor or the commanding general of the District of Columbia National Guard, as applicable. Allows such consent or authorization to be given in advance when establishing the succession of command of a unit.
(Sec. 518) Directs the Secretary of the Navy to: (1) conduct a study of policies and procedures used by the Marine Corps Reserve during FY2001-FY2008 to govern the assignment of members of the Marine Corps in the Individual Ready Reserve; and (2) report study results to the defense committees.
Sec. 519) Requires a report from the Secretary to the defense and appropriations committees on the collection by DOD of information on the civilian skills, qualifications, and professional certifications of members of the reserves that are relevant to military manpower requirements, and the matching of such skills with applicable billets (assignments).
Subtitle C: Joint Qualified Officers and Requirements
- (Sec. 521) Revises provisions concerning joint duty requirements for promotion to a general or flag officer position to reflect changes made under the Warner Act. Makes technical, conforming, and clerical changes to joint specialty terminology, including references to a joint qualified officer in lieu of a joint specialty officer.
(Sec. 523) Requires officers to be joint qualified in order to be appointed to grade O-7. Revises joint officer promotion objectives to recognize joint experience from any venue.
(Sec. 524) Conforms provisions concerning length of joint duty assignments to reflect changes made under the Warner Act.
(Sec. 525) Authorizes the JCS Chairman to exempt up to three (currently, one) reserve general and flag officers on the JCS from general and flag officer end strength limits.
(Sec. 526) Excludes from authorized end strength limits for reserve general and flag officers serving in an active status those Army, Navy, Marine Corps, and Air Force reserve officers serving in joint duty assignments.
(Sec. 527) Requires the JCS Chairman to submit to Congress information on joint education courses available through DOD for the pursuit of joint careers by officers.
Subtitle D: General Service Authorities
- (Sec. 531) Increases from six to eight years the maximum authorized reenlistment term.
(Sec. 532) Allows a member who is the husband of a woman who gives birth to be given up to ten days of leave in connection with such birth.
Sec. 533) Authorizes each department Secretary to carry out a pilot program under which regular officers and enlisted members may be inactivated from active duty in order to meet personal or professional needs, and afterward returned to active duty. Excludes from such pilot program officers and members receiving certain bonuses. Limits: (1) participation to 20 officers and 20 enlisted members per year per department; and (2) to three years the period of inactivation. Reduces military pay and allowances, including special and incentive pays, during the program period, but requires the continuation of active duty-level medical and dental care. Prohibits the promotion of participating officers and enlisted members during the inactivation period. Requires each Secretary to submit to the defense and appropriations committees an interim and final report on programs conducted. Commences on January 1, 2009, and terminates on December 31, 2012, the authority to conduct a pilot program.
Subtitle E: Education and Training
- (Sec. 540) Sets at 4,400 the maximum annual enrollment at the military academies for academic years 2008-2009 and thereafter.
(Sec. 541) Permits students, officers, and representatives of a foreign country to attend a U.S. military academy for periods of up to two weeks if determined that such attendance will contribute significantly to the development of foreign language, cross-cultural interactions and understanding, and cultural immersion of cadets or midshipmen.
(Sec. 542) Increases from 25 to 125 the number of defense industry employees authorized to receive instruction at any one time at the Naval Post Graduate School.
(Sec. 543) Revises provisions authorizing the following officials to confer appropriate degrees upon graduates of such institutions: (1) the President of the National Defense Intelligence College; (2) the President of the National Defense University; (3) the Commandant of the United States Army Command and General Staff College; (4) the Commandant of the United States Army War College; (5) the President of the Naval Post Graduate School; (6) the President of the Naval War College; (7) the President of the Marine Corps University; and (8) the commander of the Air University. Requires: (1) the Secretary of Education to recommend approval of the degree to be conferred; (2) accreditation of the curriculum leading to such degree; and (3) the Secretary of Defense to notify the defense committees with respect to each degree-granting authority under this section.
(Sec. 544) Requires the United States Air Force Institute of Technology to charge tuition to any attendees other than members and civilian employees of the Air Force.
(Sec. 545) Increases from 21 to 23 the authorized number of permanent professors at the U.S. Air Force Academy.
(Sec. 546) States that only reserve members separating under honorable conditions (currently, conditions other than dishonorable) are eligible to use educational assistance provided under the Montgomery GI Bill for up to ten years after such separation. Makes such amendment effective with respect to any person who: (1) separates on or after the date of enactment of the NDAA for Fiscal Year 2008 (January 28, 2008); and (2) has not used any educational assistance as of the date of enactment of this Act.
(Sec. 547) Conforms the maximum limits for education loan repayment programs for reserve health professionals to the maximum limits authorized for active-duty health professionals.
(Sec. 548) Directs the Secretary to: (1) develop and implement a plan to establish and support 3,700 Junior Reserve Officers' Training Corps (ROTC) units not later than the end of FY2020; (2) work with local educational agencies (LEAs) to increase the employment in Junior ROTC units of retired military members, especially those wounded or injured while deployed in a contingency operation; and (3) report to the defense and appropriations committees upon completion of the support plan.
(Sec. 549) Authorizes the Secretary of the Army to correct, and make any necessary payments in connection with, amounts of Army College Fund benefits to which members or former members may be entitled under an Army Incentive Program contract. Terminates such authority at the end of 2009.
(Sec. 550) Authorizes the Secretary concerned to enter into partnerships with educational institutions to improve the accessibility and flexibility of college courses available to eligible members of the Armed Forces.
Subtitle F: Defense Dependents' Education
- (Sec. 551) Earmarks specified DOD O&M funds for assistance to: (1) LEAs that benefit dependents of military personnel and DOD civilian employees; and (2) schools with enrollment changes due to base closures, force structure changes, or force relocations.
(Sec. 552) Earmarks specified DOD O&M funds for impact aid for children with severe disabilities.
(Sec. 553) Amends the Warner Act to direct the Secretary to work collaboratively with the Secretary of Education to ease the transition of military dependent students from DOD dependent schools to other schools and among schools of LEAs. Terminates such requirement at the end of FY2013.
(Sec. 554) Amends the Elementary and Secondary Education Act of 1965 to change from 5,000 to 6,500 the requisite number of federally-connected children that must attend schools of a school district in order for that district to qualify for impact aid.
Subtitle G: Military Justice
- (Sec. 561) Provides that a military protective order issued by a military commander shall remain in effect until such commander terminates the order or issues a replacement order.
(Sec. 562) Requires the commander of a military installation to notify the appropriate civilian authorities in the event that a military protective order is issued against a member and any individual involved in the order does not reside on a military installation.
(Sec. 563) Directs the Secretary to implement a centralized, case-level database for the collection and maintenance of information regarding sexual assaults involving a member of the Armed Forces. Requires the: (1) Secretary to submit to the defense and appropriations a database implementation plan; and (2) database to be used to develop sexual assault-related reports to Congress as required under various defense authorization Acts and federal armed forces provisions. Directs the Secretary to report to the defense committees: (1) the current status of the Defense Incident-Based Reporting System; and (2) how that System will relate to the sexual assault database.
Subtitle H: Decorations, Awards, and Honorary Promotions
- (Sec. 571) Authorizes the Secretary concerned to replace, on a one-time basis and without charge, a military decoration upon request of the recipient or the immediate next-of-kin of a deceased recipient.
(Sec. 572) Authorizes and requests the President to award the Medal of Honor to former Chief Master Sergeant Richard L. Etchberger for acts of valor during the Vietnam War.
Subtitle I: Military Families
- (Sec. 581) Authorizes DOD to provide a burial flag to: (1) a surviving spouse, or remarried surviving spouse, of a military decedent if the person authorized to direct the disposition of remains is someone other than a spouse; and (2) each child of the decedent.
(Sec. 582) Authorizes the Secretary to establish programs to provide tuition assistance and other support to spouses of members for pursuing education and/or training that expands employment and portable career opportunities.
(Sec. 583) Expresses the sense of Congress that the Secretaries concerned should provide honor guard details for the funerals of veterans.
Subtitle J: Other Matters
- (Sec. 591) Prohibits a DOD officer or employee from interfering with the provision of legal advice to the JCS Chairman and to the JCS.
(Sec. 592) Requires that payments of claims resulting from the decision of a board of correction of military records to set aside a conviction by court-martial include interest at a rate determined by the Secretary concerned, unless that Secretary determines that payment of interest is inappropriate under the circumstances. Applies this section to any decision to set aside a court-martial made on or after October 1, 2007.
(Sec. 593) Extends through December 31, 2010, a limitation on the reduction of personnel of agencies responsible for the review and correction of military records.
(Sec. 594) States that the limitation on DOD assistance to a state National Guard Youth Challenge Program may not be construed as a limitation on the amount of assistance that may be provided by other sources.
(Sec. 595) Authorizes members and veterans present but not in uniform during the playing of the national anthem to render the military salute in the same manner as members in uniform.
(Sec. 596) Establishes the Military Leadership Diversity Commission to evaluate and assess policies that provide opportunities for the promotion and advancement of minority members of the Armed Forces, including members who are senior officers. Requires a Commission report to the President and Congress. Terminates the Commission 60 days after submission of such report.
(Sec. 597) Authorizes the Secretary to conduct a demonstration project to encourage retired military nurses to serve as faculty at civilian nursing schools. Requires a project report from the Secretary to the defense and appropriations committees.
(Sec. 598) Requires the Secretary to submit to the defense committees a plan for the participation in and hosting of international sports activities, competitions, and events.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances
- (Sec. 601) Waives any FY2009 pay increases tied to increases in the General Schedule of Compensation for government employees. Increases by 3.9%, effective January 1, 2009, the rates of basic pay for military personnel.
(Sec. 602) Makes permanent (currently, ends on December 31, 2008) the prohibition on charges for meals received at military medical treatment facilities by members receiving continuous care for an injury, illness, or disease incurred in or aggravated by service in Operations Iraqi Freedom or Enduring Freedom or other designated combat zone.
(Sec. 603) Increases from $180 to $290 per day the maximum authorized reimbursement for temporary lodging expenses in connection with a permanent change of station.
(Sec. 604) Requires the Secretary concerned to pay each member of a married couple, both of whom are members who reside together with dependents, a full family separation allowance when both members are simultaneously assigned to duty under the following conditions: (1) permanent duty stations where dependents are not authorized; (2) deployed ships for more than 30 days; or (3) temporary duty away from the member's permanent duty station for more than 30 days.
(Sec. 605) Extends through 2009 the authority for income replacement payments (matching of civilian compensation) for reserve members experiencing extended and frequent mobilization for active-duty service.
Subtitle B: Bonuses and Special and Incentive Pays
- (Sec. 611) Extends through 2009 specified authorities currently scheduled to expire at the end of 2008 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 616) Increases the maximum bonus and stipend amounts authorized for nurse officer candidates. Conforms the stipend authorized for baccalaureate students in nursing or other health professions under the health professions stipend program to that paid to participants in the Armed Forces Health Professions Scholarship Program.
(Sec. 617) Allows nuclear officer incentive pay agreements to be of any duration beyond a minimum of three years. (Currently, such agreements allow for a three, four, or five-year period.)
(Sec. 618) Makes technical amendments to various provisions to conform to changes in special and incentive pays adopted in the NDAA for Fiscal Year 2008.
(Sec. 619) Authorizes the Secretary concerned to pay a skill proficiency bonus annually to a member entitled to basic pay or inactive-duty training pay or enrolled in an officer training program who is also in training to acquire, or has acquired, proficiency in a critical foreign language or expertise in foreign cultural studies. Includes certain Senior ROTC members under the bonus program. Authorizes the Secretary concerned to pay incentive pay to a person already enrolled in an officer training program to also participate in an education or training program to acquire such proficiency or expertise. Includes certain Senior ROTC members under the incentive pay program. Authorizes the Secretary to pay incentive pay for members of the Senior ROTC or the Marine Corps Platoon Leaders Class who participate in a language immersion program to acquire such proficiency or expertise. Limits the latter pay to $3,000 per year. Requires annual reports, from the Secretary to the OMB Director and Congress, on the payment of incentive pay under this section. Terminates incentive pay authority at the end of 2013. Directs the Secretary to conduct a pilot program through 2013 to provide a skill proficiency bonus to a reserve member in an active status while such member participates in an education or training program to acquire such proficiency or expertise. Requires a report from the Secretary to Congress on pilot program results.
(Sec. 620) Designates qualified psychologists, registered nurses, and other mental health practitioners as the Secretary concerned may designate as critically-short wartime specialties for which individuals in such professions will be eligible for a health professions bonus of up to $100,000 for each 12-month period of obligated service for which they agree to serve in an active status in the reserves. Terminates such designation at the end of 2009. Authorizes the payment of an accession bonus of up to $400,000 for an officer who: (1) is a graduate of an accredited school of psychology; (2) holds a valid state license to practice as a doctoral level psychologist; and (3) agrees to remain on active duty in such a position for at least four years. Terminates such bonus at the end of 2009. Authorizes the payment of a retention bonus of up to $25,000 each year for an officer who: (1) is a psychologist in a pay grade below O-7; (2) has at least eight years of creditable service or has completed any active-duty service commitment incurred for psychology education and training; (3) has completed initial residency training; (4) holds a valid state license to practice as a doctoral level psychologist; and (5) enters into a written agreement to remain on active duty as a psychologist for up to four years after completion of any other service commitment.
Subtitle C: Travel and Transportation Allowances
- (Sec. 621) Authorizes an additional weight allowance of up to 500 pounds for the shipment of professional books and equipment belonging to the spouse of a member making a change of permanent station.
(Sec. 622) Entitles a member, in connection with an evacuation from a permanent station in a foreign area, to the transportation of family household pets. Authorizes the Secretary to prescribe regulations limiting the types, size, and number of pets for which such transportation may be provided.
Subtitle D: Retired Pay and Survivor Benefits
- (Sec. 631) Extends to the survivors of members who die while serving on active duty the receipt of a special survivor indemnity allowance for persons affected by a required Survivor Benefit Plan (SBP) annuity offset due to the concurrent receipt of dependency and indemnity compensation.
(Sec. 632) Requires the Secretary to determine if the phased elimination of the two-tier SBP annuity computation and related Supplemental Survivor Benefit Plan resulted in some annuitants receiving a smaller annuity than they would have if the two-tier system had not been eliminated, and, if so, to restore the annuity to the higher amount.
Subtitle E: Commissary and Nonappropriated Fund Instrumentality Benefits and Operations
- (Sec. 641) Provides for the use of surcharge proceeds derived from initiatives that provide reserve members, retired members, and other members eligible for commissary benefits, but without access to commissary stores, improved access through the use of mobile equipment.
(Sec. 642) Directs the Secretary to establish a Resale Activities Review Board to determine whether material sold or rented, or proposed to be sold or rented, on DOD property is sexually explicit and therefore barred from sale or rental. Requires the Board to meet within one year after appointment of its members.
Subtitle F: Other Matters
- (Sec. 651) Provides that the estate of a member who dies while on active duty other than as a result of the member's misconduct, or is retired or separated due to a combat-related disability, shall not be required to repay any portion of a previously-paid bonus or similar benefit. Requires the full amount of any such bonus or benefit to be paid within 90 days of such death, retirement, or separation. Authorizes the Secretary concerned to continue payment of any unpaid portion of such a bonus or benefit when such Secretary determines that imposition of the repayment or termination requirements would be contrary to a personnel policy or management objective, against equity and good conscience, or contrary to the best interests of the United States.
Title VII: Health Care and Wounded Warriors Provisions - Subtitle A: Improvements to Health Benefits
- (Sec. 701) Extends through FY2009 the prohibition against increasing the charges for: (1) premium and copayments under TRICARE (a DOD managed health care program) Prime; and (2) premiums under TRICARE Standard for members of the reserves.
(Sec. 702) Limits to specified amounts during FY2009 the copayments for generic, formulary, and nonformulary drugs provided through the TRICARE retail pharmacy program.
(Sec. 703) Directs the Secretary to provide chiropractic services to active-duty personnel at 11 additional military treatment facilities that do not currently provide such services.
(Sec. 704) Requires premiums for coverage under TRICARE Standard for: (1) fiscal years after 2009 to be based upon the actual cost of providing benefits for the two preceding fiscal years; and (2) FY2009 to be based upon the reported cost of such benefits during FY2006-FY2007.
(Sec. 705) Authorizes the Secretary 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. Requires the Secretary to report annually to the defense committees on any such plan.
(Sec. 706) Requires the Secretaries of Defense and Veterans Affairs, before a facility may be designated a combined DOD-VA medical facility, to issue a signed agreement that specifies a binding operational agreement on the following areas: (1) governance; (2) patient priority categories; (3) budgeting; (4) staffing and training; (5) construction; (6) physical plant management; (7) contingency planning; (8) quality assurance; and (9) information technology.
Subtitle B: Preventive Care
- (Sec. 711) Directs the Secretary to waive all copayments for TRICARE beneficiaries other than Medicare-eligible beneficiaries who currently pay for preventive services. Allows the Secretary to refund copayments of Medicare-eligible beneficiaries.
(Sec. 712) Directs the Secretary to: (1) conduct a three-year demonstration project to evaluate the efficacy of providing incentives to encourage healthy behaviors on the part of eligible military health system beneficiaries; (2) develop a wellness assessment to be offered to beneficiaries enrolled in the project; and (3) annually, during the project's duration, evaluate the project and report to the defense committees on its effectiveness in improving health risk measures of participants.
(Sec. 713) Requires the Secretary to: (1) establish a smoking cessation program under the TRICARE program, to be made available to all TRICARE beneficiaries who are not Medicare-eligible; (2) submit to the defense and appropriations committees a program implementation plan; and (3) report to such committees on such program. Provides program funding.
(Sec. 714) Directs the Secretary, during the period beginning on January 1, 2009, and ending on December 31, 2011, to conduct a demonstration project to evaluate the efficacy of providing an annual preventive health services allowance to members serving on active duty for more than 30 days who meet medical and dental readiness requirements. Limits project participation to 1,500 from each service branch. Provides for an annual allowance of $500 for members without dependents and $1,000 for members with dependents. Requires the Secretary to: (1) specify the types of preventive health services that may be procured through the use of such allowance; (2) monitor and record the health of members receiving the allowance and their dependents; and (3) report to Congress in 2010 and 2012 on project status.
(Sec. 715) Authorizes the Secretary to include, in currently-required studies and demonstration projects relating to the delivery of military health and medical care, additional studies and demonstration projects to: (1) provide awards and incentives to members and covered beneficiaries who obtain health promotion and disease prevention services under the TRICARE program; (2) provide awards and incentives to military health care professionals to encourage and reward the implementation of innovative health care programs; (3) improve the medical and dental readiness of members of the reserves; and (4) improve the continuity of health care services for family members of mobilized reserve personnel.
Subtitle C: Wounded Warrior Matters
- (Sec. 721) Directs the Secretary to establish within DOD a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of hearing loss and auditory system injury incurred by members while serving on active duty. Requires: (1) collaboration with the Secretary of Veterans Affairs, institutions of higher education, and other appropriate public and private entities in the carrying out of center responsibilities; (2) the center to develop a registry of information for the tracking of center patients, to be known as the Hearing Loss and Auditory System Injury Registry; (3) the coordination of center care and benefits with the VA's National Center for Rehabilitative Auditory Research and the auditory system impairment services of the Veterans Health Administration; and (4) the Secretaries of Defense and Veterans Affairs to jointly ensure the utilization of Registry information by appropriate DOD and VA hearing specialist personnel.
(Sec. 722) Amends the NDAA for Fiscal Year 2008 to allow for the treatment of all military eye injuries (currently, only eye injuries incurred in combat) at the center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of military eye injuries.
(Sec. 723) Requires the Secretaries of Defense and Veterans Affairs to jointly: (1) establish a center of excellence in the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations; (2) ensure center collaboration with DOD, VA, institutions of higher education, and other appropriate public and private entities; and (3) report to Congress on center activities.
(Sec. 724) Amends the Wounded Warrior Act to direct the Secretary to provide referrals for legal assistance, where appropriate, to wounded warriors, their families, and their primary caregivers.
(Sec. 725) Expresses the sense of Congress that the requirement under the NDAA for Fiscal Year 2008 to conduct basic science and translational research on traumatic brain injury includes pilot programs designed to test the efficacy of clinical approaches, including the use of pharmacological agents.
(Sec. 726) Directs the Secretaries of Defense and Veterans Affairs to jointly: (1) take appropriate action to continue the operations of the Senior Oversight Committee until December 31, 2009; and (2) report to Congress on the advisability of the further extension of the Committee after such date.
(Sec. 727) Requires, with respect to eligibility for retirement due to disability, a presumption that a disability was incurred on active duty unless there is clear and unmistakable evidence that the disability existed before entering into active duty and was not aggravated by active service.
Subtitle D: Other Matters
- (Sec. 731) Requires the Secretary to report to the defense and appropriations committees on including dependents of military retirees in the Extended Care Health Option (ECHO) program for a limited transitional period following retirement.
(Sec. 732) Directs the Secretary to ensure that dependents enrolled in the ECHO program who are mentally retarded, have a serious physical disability, or an extraordinary physical or psychological condition are eligible to receive a maximum of $36,000 per year for therapy services.
(Sec. 733) Requires the: (1) Secretary to establish within DOD a task force to examine matters relating to the prevention of suicide by members of the Armed Forces; (2) task force to report to the Secretary recommendations on a comprehensive policy designed to prevent such suicides; and (3) task force to report to the Secretary on all other task force activities. Requires all such reports to be transmitted to the defense committees. Terminates the task force 90 days after submission of the latter report.
(Sec. 734) Authorizes the provision of certain military transitional health care for members separated from active duty who agree to become members of the Selected Reserve of the Ready Reserve.
(Sec. 735) Extends to all members of the Selected Reserve (current law allows the benefit only for members of the Selected Reserve of the Army) eligibility for certain preparatory medical and dental services for members assigned to units scheduled for deployment within 75 days after mobilization. Authorizes the Secretary concerned to provide such services to other members of the Selected Reserve and Individual Ready Reserve with a deployment responsibility, if such services are necessary to meet applicable standards of member medical and dental readiness. Authorizes the Secretary to waive during a national emergency the copayments or other charges paid by such members for enrollment in the TRICARE dental insurance program when the Secretary determines that such waiver would facilitate or ensure the deployment readiness of a unit or individual. Requires a report from the Secretary to the defense committees on DOD policies and procedures to ensure the medical and dental readiness of members of the Armed Forces.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management
- (Sec. 801) Directs the Secretary to: (1) commission a study and report by an independent commission or a FFRDC to assess the effectiveness of DOD processes for the generation of urgent operational need requirements, as well as the acquisition processes used to fulfill such requirements; and (2) submit study and report results to the defense and appropriations committees.
(Sec. 802) Directs the Secretary to issue guidance regarding: (1) the application of a domestic industrial base evaluation factor during source selection for a major defense acquisition program (MDAP); and (2) the implementation of existing statutory requirements regarding the national technology and industrial base in the development and implementation of acquisition plans for each MDAP.
(Sec. 803) Requires the Secretary to: (1) ensure that contracting officials identify and evaluate, at all stages of the acquisition process, opportunities for the use of commercial software and other non-developmental software; and (2) report to the defense and appropriations committees on actions taken.
(Sec. 804) Directs the inspectors general of DOD and of the Departments of Commerce and Energy (the non-defense agencies) to jointly: (1) review the procurement policies, procedures, and internal controls of the non-defense agency applicable to the non-defense agency procurement of property and services on behalf of DOD; and (2) determine whether the non-defense agency is in compliance with defense procurement requirements. Requires certain actions to be taken upon a determination of noncompliance or partial compliance. States that after March 15, 2009, no DOD official may procure property or services in excess of $100,000 through a non-compliant non-defense agency. Provides an exception with respect to a procurement determined by the Under Secretary as necessary in the interests of DOD. Terminates the prohibition upon non-defense agency compliance.
Subtitle B: Provisions Relating to Major Defense Acquisition Programs
- (Sec. 811) Provides that if the Secretary determines that a MDAP requires the delivery of two or more categories of end items which differ significantly from each other in form and function, then the Secretary may designate each category as a major subprogram of that MDAP for purposes of acquisition reporting requirements. Requires 30 days' advance notification of any such designation to the defense and appropriations committees. Revises current reporting requirements with respect to Selected Acquisition Reports, unit cost reports, and program baselines to require the inclusion of major subprogram information.
(Sec. 812) Requires current reporting requirements relating to DOD information technology systems to include both major automated information system programs (current law) and other major information technology investments.
(Sec. 813) Rearranges federal provisions concerning certifications of milestone decisions for MDAPs so that provisions requiring certification of a Milestone A decision precedes provisions requiring certification of a Milestone B decision.
(Sec. 814) Requires each military department Secretary to establish one or more Configuration Steering Boards for the configuration of MDAPs of that department. Directs the Secretary concerned to ensure that each Board meets at least once a year to consider each MDAP of that department. Prohibits a Steering Board from approving a MDAP alteration that would increase the cost for system development and demonstration by more than 25% or extend the schedule for MDAP key events by more than 15% unless the Under Secretary certifies to the defense and appropriations committees that approving the alteration or extension is in the best interests of DOD despite the cost and schedule impacts to MDAP system development and demonstration. Provides for coordination and consultation between Steering Boards and MDAP program managers.
(Sec. 815) Requires the Secretary to issue guidance requiring that all unique tooling associated with the production of hardware for a MDAP be preserved and stored through the end of the service life of the end item associated with the MDAP.
Subtitle C: Amendments to General Contracting Authorities, Procedures, and Limitations
- (Sec. 821) Defines the term "system" for purposes of the Defense Acquisition Challenge program.
(Sec. 822) Directs the Secretary to issue policy guidance with respect to rights to technical data under an agreement not subject to the Federal Acquisition Regulation (non-FAR agreement) for the development of a major weapon system or item of personnel protective equipment. Requires: (1) the guidance to address the interests and rights of the United States and a party to such an agreement in technical data developed under the agreement; (2) a non-FAR agreement to contain appropriate provisions related to technical data; (3) the program manager for a major weapon system or item of personnel protective equipment so developed to assess the long-term technical data needs of such system or item; and (4) a report from the Secretary to the defense committees on the implementation of this section.
(Sec. 823) Requires the Cost Accounting Standards Board to: (1) review the inapplicability of cost accounting standards due to a contract or subcontract being executed and performed outside the United States; (2) determine whether the application of such standards to such contract or subcontract would benefit the United States; and (3) report to specified congressional committees on any proposed revision to such standards as a result of the review.
(Sec. 824) Extends for two years a pilot program under the NDAA for Fiscal Year 1994 for the transition of non-traditional defense contractors from prototype transactions to follow-on contracts. Allows such authority to be used with respect to DOD basic, applied, and advanced research projects.
(Sec. 825) Provides for the determination of government rights in the design of DOD vessels, boats, and craft, and components thereof.
Subtitle D: Provisions Relating to Acquisition Workforce and Inherently Governmental Functions
-(Sec. 831) Requires the Secretary to develop guidance on the appropriate DOD use of personal service contracts.
(Sec. 832) Expresses the sense of Congress that, among other things: (1) it should be in the sole discretion of the commander of the relevant combatant command to determine whether the performance of a function by a private security contractor within an area of combat operations is appropriate; and (2) the Armed Forces should have an appropriate number of trained personnel to perform such functions without the need to rely on private contractors.
(Sec. 833) Authorizes the Secretary, until the end of FY2012, to: (1) designate any category of acquisition positions within DOD as shortage category positions; and (2) utilize expedited hiring authorities to recruit and appoint highly qualified persons to such positions.
(Sec. 834) Directs the Secretary to require the Secretary of each military department and the Under Secretary (with respect to certain defense agencies and activities) to establish procedures and issue guidance to ensure the proper development, assignment, and employment of members in the acquisition field to achieve specified defense acquisition objectives, including the appropriate use of military personnel in contingency contracting. Requires the Secretary to: (1) establish for each military department a minimum number of billets (positions) for acquisition personnel that are reserved for general and flag officers; and (2) ensure that a portion of such billets involve command of organizations primarily focused on contracting. Requires annual implementation reports from the military department Secretaries and the Secretary.
Subtitle E: Department of Defense Contractor Matters
- (Sec. 841) Directs the Administrator of Federal Procurement Policy to: (1) develop and issue a standard policy to prevent personal conflicts of interest by contractor employees performing acquisition functions closely associated with inherently governmental functions (functions) for or on behalf of a federal department or agency; (2) develop a personal conflicts-of-interest clause for inclusion in federal solicitations and contracts for the performance of such functions; (3) review FAR with respect to conflicts of interest to determine whether changes are necessary; (4) work with the Federal Acquisition Regulatory Council to prescribe appropriate revisions, if necessary; (5) report to specified congressional committees on any FAR revisions that may be necessary; and (6) develop and maintain a repository of best practices relating to the prevention and mitigation of organizational and personal conflicts of interest in federal contracting.
(Sec. 842) Requires the Secretary to ensure that DOD contractors inform their employees in writing of their whistleblower rights and protections under federal law.
(Sec. 843) Directs the Secretary to: (1) adopt an acquisition strategy for insurance (required by the Defense Base Act) which minimizes DOD cost; (2) report to specified congressional committees on the strategy adopted; and (3) review and update such strategy at least every three years.
(Sec. 844) Requires a report from the CG to the defense committees on the use of off-shore subsidiaries by DOD contractors.
(Sec. 845) Makes the Secretary responsible for the protection of classified information disclosed to DOD contractors. Requires the Secretary to: (1) report biennially to the defense and appropriations committees on DOD expenditures and activities in carrying out such requirement; and (2) submit a one-time report to such committees on actions taken or planned to improve industrial security.
Subtitle F: Matters Relating to Iraq and Afghanistan
- (Sec. 851) Amends the NDAA for Fiscal Year 2008 to: (1) require the Commission on Wartime Contracting in Iraq and Afghanistan to be established in the legislative branch; and (2) authorize the Commission cochairmen to exercise certain waiver authority to ensure that federal retirees serving on the Commission may be paid for such work without forfeiting federal retired pay.
(Sec. 852) Requires the Army Audit Agency, Navy Audit Service, and Air Force Audit Agency to conduct audits to identify potential waste, fraud, and abuse in DOD contracts, subcontracts, and task and delivery orders for: (1) depot overhaul and maintenance of military equipment in Iraq and Afghanistan; and (2) spare parts for military equipment used in Iraq and Afghanistan.
(Sec. 853) Amends the NDAA for Fiscal Year 2008 to include additional situations in which contractors performing security functions in areas of combat operations are required to file incident reports.
(Sec. 854) Amends the NDAA for Fiscal Year 2008 to: (1) provide additional contractor requirements and responsibilities relating to alleged crimes committed by or against DOD contractor personnel in Iraq and Afghanistan; (2) require the inclusion, in a memorandum of understanding relating to contracting for contracts in Iraq and Afghanistan, of such requirements; and (3) require the Secretary to make publicly available a numerical accounting of all alleged offenses.
(Sec. 855) Amends the federal criminal code to suspend the running of any statute of limitations applicable to certain offenses against the United States when Congress has enacted specific authorization for the use of the Armed Forces. (Currently, such suspension runs only when the United States is at war.) Increases the length of such suspension from three to five years after the termination of hostilities as proclaimed by a Presidential proclamation, with notice to Congress, or by a concurrent resolution.
Subtitle G: Governmentwide Acquisition Improvements
- Clean Contracting Act of 2008 - (Sec. 862) Amends the Federal Property and Administrative Services Act of 1949 to limit to one year the length of DOD and civilian agency noncompetitive contracts, unless the agency head or Under Secretary determines that exceptional circumstances exist. Applies such limit to any contract in excess the simplified acquisition threshold (generally $100,000).
(Sec. 863) Requires FAR to be amended to require enhanced competition in the purchase of property and services by all executive agencies pursuant to multiple award contracts, including a requirement that each purchase in excess of the simplified acquisition threshold that is made under such a contract be made on a competitive basis, unless: (1) the contracting officer waives the requirement under specified determinations; or (2) a law expressly authorizes the purchase. Outlines competitive basis procedures. Requires FAR to be amended to require public notice of an agency's use of sole source task or delivery orders placed against multiple award contracts for purchases in excess of the simplified acquisition threshold.
(Sec. 864) Requires FAR to be revised to address the use of cost-reimbursement contracts. Outlines regulation requirements. Requires: (1) the inspector general of each agency to review the use of such contracts by such agency for compliance with regulations; and (2) a report from the OMB Director to specified congressional committees on the use of cost-reimbursement contracts and task or delivery orders by all federal agencies.
(Sec. 865) Requires the OMB Director to: (1) report to Congress on interagency acquisitions; and (2) issue guidelines to assist agency heads in improving interagency acquisition management. Requires: (1) FAR to be amended to include regulations concerning interagency acquisitions; and (2) annual reports from agency senior procurement executives to the Director on actions taken to implement the guidelines issued.
(Sec. 866) Requires FAR to be amended to minimize the excessive use by contractors of subcontractors, or tiers of subcontractors, that add no or negligible value.
(Sec. 867) Requires FAR to be amended to provide executive agencies other than DOD with instructions, including definitions, on the appropriate use of award and incentive fees in federal acquisition programs.
(Sec. 868) Requires FAR to be amended to include, for purposes of federal commercial services item procurement authority, a type of service offered and sold competitively in the commercial marketplace as a service offered and sold competitively in the marketplace, as long as the offeror has submitted sufficient information to evaluate the reasonableness of the price for that type.
(Sec. 869) Requires the Associate Administrator for Acquisition Workforce Programs to provide management, oversight, and administration of the Acquisition Workforce Development Strategic Plan in cooperation and consultation with the Office of Federal Procurement Policy and the assistance of the Federal Acquisition Institute. Outlines Plan requirements. Requires Plan completion within one year after enactment of this Act. Provides funding.
(Sec. 870) Amends the Office of Federal Procurement Policy Act to direct the Administrator of General Services (GSA Administrator) to establish a Governmentwide Contingency Contracting Corps to be deployed in response to a U.S. emergency or major disaster, or a contingency operation, both within or outside the United States. Requires annual Corps status reports from the GSA Administrator to specified congressional committees.
(Sec. 871) Allows civilian and defense agency interview access to contractor employees with respect to transactions involving a federal contract or subcontract.
(Sec. 872) Directs the GSA Administrator to establish and maintain a database of information regarding the integrity and performance of certain persons awarded federal contracts and grants in excess of $500,000, for use by federal officials having authority over contracts and grants. Outlines information to be included in the database, including any criminal or civil proceedings and convictions or judgments against contract awardees. Requires the database to be available to all appropriate federal acquisition officials, and to Congress. Requires federal contract officials, before awarding a qualifying contract, to review and consider any information in the database concerning a proposed awardee. Requires the revision of FAR to require that persons with federal contracts and grants valued at more than $10 million in the aggregate must semiannually submit to the GSA Administrator appropriate information for inclusion in the database.
(Sec. 873) Requires the Interagency Committee on Debarment and Suspension to take specified actions with respect to debarment or suspension proceedings against non-responsible federal contractors, including an annual report to Congress on progress and efforts to improve the suspension and debarment system.
(Sec. 874) Requires the OMB Director to 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 federal research contracts, grants, and cooperative agreements. Requires a report from the GSA Administrator to Congress concerning databases of federal contracting and grants.
Subtitle H: Other Matters
- (Sec. 881) Authorizes the Secretary of Homeland Security to retain fees from the licensing of intellectual property owned and controlled by the Coast Guard when not operating as a service in the Navy.
(Sec. 882) Requires the Secretary to report to the defense committees on market research conducted with respect to the acquisition of commercial items in the DOD procurement of supplies and services.
(Sec. 883) Directs the Secretary to submit to the defense and appropriations committees a report detailing how 60mm and 81mm munitions used by the Armed Forces are procured, including from non-domestic sources.
(Sec. 884) Requires that, in all carriage contracts in which a fuel-related adjustment is provided, the Secretary to ensure that the cost of the adjustment is passed through to the person who bears the cost of the fuel that the adjustment relates to. Directs the Secretary to: (1) publicly disclose any DOD decision to pay fuel-related adjustments; and (2) report to the defense committees on actions taken under this section.
(Sec. 885) Expands the types of equipment that may be purchased through DOD by state and local governments to include equipment for homeland security and emergency response activities.
(Sec. 886) Requires the Secretary, not later than ten days after a ruling by the World Trade Organization (WTO) that either or both the United States or the European Union (or any associated entity of either) has provided illegal subsidies to a manufacturer of large commercial aircraft, to begin a review of the impact of such subsidies on the source selection for the KC-45 aerial refueling aircraft program. Requires review completion within 90 days after the WTO ruling. Requires a report from the Secretary to the defense and appropriations committees on review results.
(Sec. 887) Directs the Secretary to report to the defense committees on DOD implementation of earned value management.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management
- (Sec. 901) Requires the: (1) special operations commander to submit to the Secretary a plan relating to personnel management of special operations forces; and (2) Secretary to submit the plan to the defense and appropriations committees.
(Sec. 902) Establishes a Director of Operational Energy Plans and Programs in the Department of Defense to, among other things, conduct oversight and manage operational energy plans for DOD and the military departments and establish the operational energy strategy. Requires each military department Secretary to designate a senior department official responsible for operational energy plans and programs, to coordinate with the Director and implement operational energy strategy initiatives. Requires the Director to review and make recommendations to the Secretary regarding all budgetary and financial matters relating to operational energy strategy.
(Sec. 903) Requires: (1) the Assistant Secretary of each military department responsible for acquisition, technology, and logistics to designate a department employee as the corrosion control and prevention executive, with specified duties; and (2) each such executive to report annually to the Secretary recommendations for the corrosion control and prevention program of that department.
(Sec. 904) Makes the Deputy Chief Management Officer of the Department of Defense the Vice Chairman of the Defense Business System Management Committee.
(Sec. 905) Classifies as an assistant secretary of defense the Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs.
(Sec. 906) Directs the Secretary to: (1) prepare a plan for enhancing the roles of the National Guard and reserves; and (2) report to the defense committees on such plan.
(Sec. 907) Establishes the position of General Counsel to the Inspector General of the Department of Defense.
(Sec. 908) Directs the Secretary of each military department to carry out an initiative for the business transformation of such department, which shall include a business transformation plan and an enterprise-wide business systems architecture and transition plan. Requires each Secretary to establish an Office of Business Transformation to assist the Chief Management Officer of the department in carrying out the initiative. Outlines Office responsibilities and required initiative elements. Requires initial reports, and report updates, concerning each initiative from the Chief Management Officer of each department to the defense and appropriations committees.
Subtitle B: Space Activities
- (Sec. 911) Extends through FY2010 a pilot program for the provision of space surveillance network services to non-U.S. government entities.
(Sec. 912) Requires the Secretary to: (1) conduct an assessment to determine a recommended investment and acquisition strategy for commercial satellite capabilities; and (2) report assessment results to the defense and appropriations committees.
(Sec. 913) Requires the Secretary and the Director of National Intelligence (DNI), in order to clarify U.S. national security space policy and strategy for the near term, to jointly conduct, and report to the defense and appropriations committees on, a comprehensive review of the space posture of the United States over the ten-year period beginning on February 1, 2009.
Subtitle C: Chemical Demilitarization Program
- (Sec. 921) Amends the NDAA for Fiscal Year 1993 to transfer responsibilities for the Chemical Demilitarization Citizens Advisory Commissions in Colorado and Kentucky from the Secretary of the Army to the Program Manager for Assembled Chemical Weapons Alternatives.
(Sec. 922) Directs the Secretary to: (1) conduct a cost-benefit analysis of future on-site and off-site options for the treatment and disposal of hydrolysate expected to be produced at the Pueblo Chemical Depot, Colorado; and (2) report analysis results to the defense and appropriations committees. Prohibits the Secretary from commencing an off-site transport of such hydrolysate during FY2009 until 60 days after notifying such committees of that intent.
Subtitle D: Intelligence-Related Matters
- (Sec. 931) Makes technical changes: (1) necessitated by the redesignation of the National Imagery and Mapping Agency as the National Geospatial-Intelligence Agency; (2) arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 2004; and (3) necessitated by the redesignation of the CIA's Assistant Director for Military Support as the Associate Director for Military Affairs.
Subtitle E: Other Matters
- (Sec. 941) Allows DOD funds available for DOD regional centers for security studies for FY2009 and thereafter to be used for programs that begin in one fiscal year and end in the next. Authorizes the Secretary, with the concurrence of the Secretary of State, to waive required reimbursement for participation in such regional centers for nongovernmental and international organization personnel who participate in activities that enhance cooperation with U.S. Armed Forces, if the Secretary determines that it is in the U.S. national security interests. Limits such waiver amount to $1 million per fiscal year. Requires a report, in 2010 and 2011, on the attendance of personnel of nongovernmental and international organizations in activities of such centers.
(Sec. 942) Requires a report from the Secretary to the defense and appropriations committees describing the development assistance activities carried out by the United States Southern Command during FY2008 and planned for FY2009, along with a certification that such activities will not have adverse affects on military missions or resources or be unnecessarily duplicative to related activities carried out by other federal departments or agencies. Prohibits the obligation or expenditure of more than 90% of the funds authorized for the Southern Command for FY2009 until 30 days after such certification is received.
(Sec. 943) Authorizes the commander of a combatant command, during FY2009-FY2011, to use Navy O&M funds to establish, develop, and maintain non-conventional assisted recovery capabilities for the recovery of U.S. military or civilian personnel supporting U.S. military operations in a foreign country. Requires: (1) expeditious (within 72 hours) notification to the defense and appropriations committees on the use of such authority; and (2) an annual report from the Secretary to such committees on the use of such authority.
(Sec. 944) Requires a report from the Secretary to the defense and appropriations committees on certain homeland defense and civil support issues, including concerns related to the U.S. Northern Command.
(Sec. 945) Requires a report from the: (1) Chief of the National Guard Bureau to the Secretary detailing the extent to which certain provisions of the NDAA for Fiscal Year 2008 have been effective in giving the Chief the necessary authorities and resources to perform the Chief's responsibilities; and (2) Secretary to Congress concerning the Chief's report.
Title X: General Provisions - Subtitle A: Financial Matters
- (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $4.2 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1002) Provides a one-time reduction in payment in September 2013 (followed by a full refund one month later) in retirement payments from the Department of Defense Military Retirement Fund. Directs the Secretary to transfer $40 million from the National Defense Stockpile Transaction Fund to the Miscellaneous Receipts Fund of the Treasury to offset estimated costs arising under the DOD pharmacy benefits program.
(Sec. 1003) Requires reimbursement to DOD of charges for unauthorized or erroneous purchases using DOD purchase cards. Directs the Secretary to report to the defense committees on actions taken to implement certain Government Accountability Office (GAO) recommendations relating to safeguards and internal controls on the use of such cards.
(Sec. 1004) Allows the total amount contributed by the Secretary in any fiscal year for the common-funded budgets of NATO to exceed the maximum amount otherwise applicable under the FY1998 baseline limitation. Requires an annual report from the Secretary to the defense and appropriations committees on contributions made.
(Sec. 1005) Incorporates into this Act the funding tables provided in the report accompanying this bill.
Subtitle B: Policy Relating to Vessels and Shipyards
- (Sec. 1011) Authorizes the Secretary of the Navy to convey to Gulf Copper Ship Repair the floating drydock AFDL-23, located in Aransas Pass, Texas (such company being the current drydock lessee), under the condition that such drydock remain at its current location until at least the end of FY2010.
(Sec. 1012) Requires an annual report from the Secretary of the Navy to Congress listing all repairs and maintenance performed on naval vessels in any shipyard outside the United States or Guam during the previous fiscal year.
(Sec. 1013) Directs the Secretary of the Navy to report to the defense and appropriations committees on contributions to the domestic market for steel and other metals from the scrapping of each vessel over 50,000 tons displacement stricken from the Naval Vessel Register but not yet disposed of by the Navy.
(Sec. 1014) Allows Navy O&M funds to be used to reimburse expenses for certain Navy mess operations. Terminates such authority at the end of FY2010. Requires reports in 2009 and 2010 from the Secretary of the Navy to Congress on the use of such authority.
(Sec. 1015) Amends the NDAA for Fiscal Year 2008 to require (as a policy) that amphibious assault ships with displacements greater than 15 thousand tons be constructed with integrated nuclear power systems.
Subtitle C: Counter-Drug Activities
- (Sec. 1021) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to continue through 2009 a reporting requirement regarding DOD expenditures to support foreign counter-drug activities.
(Sec. 1022) Amends the NDAA for Fiscal Year 2004 to extend through FY2009 DOD authority for joint task forces to provide support to law enforcement agencies conducting counterterrorism activities.
(Sec. 1023) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to extend through FY2009: (1) DOD authority to support unified counter-drug and counterterrorism campaigns in Colombia; and (2) a limitation on the number of U.S. military and federally-funded civilian contractor personnel there.
(Sec. 1024) Amends the NDAA for Fiscal Year 1998 to: (1) extend through FY2009 DOD authority to provide additional support to counter-drug activities of specified countries; (2) add to the countries authorized for such support Guinea-Bissau, Senegal, El Salvador, and Honduras; and (3) increase the FY2009 funding limit.
(Sec. 1025) Directs the Secretary to submit to the defense and appropriations committees a comprehensive DOD strategy for counternarcotics efforts in: (1) Africa, with an emphasis on West Africa and the Maghreb; and (2) the South and Central Asian regions.
Subtitle D: Miscellaneous Authorities and Limitations
- (Sec. 1031) Authorizes the Secretary to establish within DOD the Center for Complex Operations, with specified purposes relating to the coordination and carrying out of complex military operations. Directs the Secretary to seek the concurrence of the Secretary of State when coordinating or carrying out complex operations involving foreign governments and militaries or international organizations.
(Sec. 1032) Provides for the crediting of admiralty claim receipts for damage to property funded from a DOD working capital fund.
(Sec. 1033) Directs the Secretary to take steps to: (1) improve predictability in DOD charter requirements; (2) strengthen Civil Reserve Airlift Fleet participation in the DOD charter program; and (3) provide incentives for commercial air passenger carriers to provide newer, more efficient, and reliable aircraft for DOD charter service. Authorizes the Secretary to award to air carriers participating in the Civil Reserve Air Fleet program on a fiscal year basis a one-year contract for airlift services with a minimum purchase amount of up to 80% of the annual average DOD expenditure for airlift during the prior five-year period. Provides for the adjustment of minimum purchase amounts for periods of air carrier unavailability for airlift. Terminates such authority after December 31, 2015. Requires a report from the Secretary to the defense and appropriations committees on the steps outlined under this section. Prohibits the awarding of new air carrier contracts until 30 days after the Secretary submits such report.
(Sec. 1034) Directs the Secretary to report semiannually to the defense and appropriations committees on the status of 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 Networks program. Terminates the report requirement one year after full completion of the transition.
(Sec. 1035) Expresses the sense of Congress that: (1) the United States should maintain clear and unambiguous command and control of its nuclear weapons; (2) the safety and security of such weapons and related equipment should be a high priority; (3) these objectives will be more readily attained if greater attention is paid to nuclear weapons matters within specified DOD offices; (4) the Secretary should consider establishing and filling a senior position to hold primary responsibility for DOD strategic and nuclear weapons policy; and (5) the Secretary should clarify the lines of responsibility and accounting for nuclear weapons matters within the Office of the Secretary of Defense.
(Sec. 1036) Expresses the sense of Congress that the Secretary should seek an agreement with the Administrator of the Federal Aviation Administration (FAA) to establish a joint DOD-FAA executive committee on conflict and dispute resolution with respect to airspace, aircraft certifications, aircrew training, and related issues.
(Sec. 1037) Expresses the sense of Congress that the Secretary should: (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; and (2) if so, take appropriate action to coordinate with the FAA to achieve the type of certification required for such aircraft under the Code of Federal Regulations.
Subtitle E: Studies and Reports
- (Sec. 1041) Requires the: (1) Secretary to report to the defense committees on corrosion control and prevention in weapons systems and equipment; and (2) CG to review such report and report review results to such committees.
(Sec. 1042) Requires the Secretary to: (1) conduct a study on using modular airborne firefighting systems in federal responses to wildfires; and (2) report study results to the defense and appropriations committees.
(Sec. 1043) Directs the Secretary and the JCS Chairman to jointly: (1) carry out a study on DOD rotorcraft survivability; and (2) report study results to the defense and appropriations committees.
(Sec. 1044) Directs the President to: (1) conduct a review of nuclear weapons worldwide; and (2) report to Congress on review findings and recommendations.
(Sec. 1045) Directs the Secretary to report to the defense and appropriations committees on steps taken to ensure that all DOD contractors performing work on Guam comply with local tax and licensing requirements.
(Sec. 1046) Requires a report from the Secretary to the defense and appropriations committees on detention operations at combat theater internment facilities in Iraq.
(Sec. 1047) Directs the Secretary and the DNI to jointly: (1) review near-term, mid-term, and long-term bandwidth capacity requirements of DOD and the intelligence community; (2) report review results to the defense, appropriations, and intelligence committees; and (3) establish a formal review process for bandwidth requirements needed to support MDAPs or major system acquisition programs.
(Sec. 1048) Requires the Secretary to: (1) review the findings and recommendations applicable to DOD in reports of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack; and (2) report to the defense and appropriations committees on such review.
Subtitle F: Other Matters
- (Sec. 1051) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 to require the reporting on information technology capital assets that have been determined by DOD's Chief Information Officer to be significant investments.
(Sec. 1052) Prohibits any activity relating to a successor regulation to Army Regulation 190-8, Enemy Prisoners of War, Retained Personnel, Civilian Internees, and Other Detainees, from being carried out until 60 days after the Secretary submits the successor regulation to the defense committees.
(Sec. 1053) Modifies the project for hurricane and storm damage reduction, Barnegat Inlet to Little Egg Inlet, New Jersey, to authorize the Secretary of the Army to undertake measures to address the handling of munitions placed on the beach during construction of the project. Provides funding.
(Sec. 1054) Authorizes the Secretaries of Defense and State and the Administrator of the United States Agency for International Development (USAID) (the officials) to jointly establish an advisory panel to advise, review roles and responsibilities, and make recommendations on ways to improve coordination among their respective agencies in matters relating to national security. Requires the panel, if established, to: (1) meet at least every three months; and (2) submit an interim and annual reports to the officials on panel activities. Directs the officials to submit such reports to the foreign relations, defense, and appropriations committees. Terminates the panel on December 31, 2012.
(Sec. 1055) Directs the President to submit to the foreign relations, defense, and appropriations committees a report on a comprehensive interagency strategy for public diplomacy and strategic communication of the federal government, including benchmarks and a timetable for their achievement. Requires the: (1) President to report to such committees, two years after the initial report, on implementation of the strategy and benchmarks; and (2) Secretary to review, and submit to the defense and appropriations committees, a report on DOD organizational structure for advising the Secretary on the direction and priorities for strategic communication activities.
(Sec. 1056) Prohibits the use of any funds by DOD for publicity or propaganda purposes within the United States not otherwise specifically authorized by law. Requires the DOD Inspector General and the CG to each conduct a study, and report to Congress on, the extent to which DOD has violated the prohibition on publicity or propaganda established under prior defense appropriations Acts.
(Sec. 1057) Expresses the sense of Congress that: (1) the interrogation of enemy prisoners of war, civilian internees, retained persons, other internees, terrorists, and criminals when captured or confined during hostilities is an inherently governmental function and cannot be appropriately transferred to private security contractors; (2) the Secretary should develop the resources needed to ensure that such interrogations are conducted by government personnel only; and (3) properly trained and cleared contractors may be used as linguists, interpreters, report writers, information technology technicians, and other employees filling ancillary positions, if subject to the same rules, procedures, and laws pertaining to detainee operations that govern the execution of these positions by government personnel.
(Sec. 1058) Expresses the sense of Congress that the Secretary should take necessary actions to ensure that each strategic intelligence interrogation of a person in the custody or control of DOD in a DOD facility is videotaped or otherwise electronically recorded.
(Sec. 1059) Amends the NDAA for Fiscal Year 2008 to extend certain deadlines for the development and implementation of standards for access to military installations in the United States.
(Sec. 1060) Amends the NDAA for Fiscal Year 2008 to: (1) extend to 2009 certain report requirements of the Congressional Commission on the Strategic Posture of the United States; and (2) require an interim Commission report by December 1, 2008.
(Sec. 1062) Requires the Secretaries of Defense, Energy, Commerce, and State, as well as the Nuclear Regulatory Commission, to keep the defense committees fully and currently informed of any activities undertaken to: (1) carry out purposes and policies relating to nonproliferation programs; or (2) prevent the proliferation of nuclear, chemical, or biological weapons or the means of delivery of such weapons. Requires the DNI to keep such committees informed of any significant activities of foreign nations with respect to the proliferation of such weapons or their means of delivery.
(Sec. 1063) Directs the Secretary to: (1) assess 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; (2) report assessment results to the defense and appropriations committees; and (3) ensure that redundant facilities and equipment necessary to ensure 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 in full compliance with Air Force Protection Level One requirements.
Title XI: Civilian Personnel Matters
- (Sec. 1101) Authorizes the head of an agency to waive the limitation on premium pay for federal employees for any service performed in 2009 overseas within the area of responsibility of the commander of the United States Central Command, or moved within the area of responsibility of the commander of the United States Africa Command, in direct support of, or directly related to: (1) a military operation, including a contingency operation; or (2) an operation in response to an emergency declared by the President.
(Sec. 1102) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to authorize the head of a federal agency, during FY2009-FY2011, to provide allowances, benefits, and gratuities comparable to those provided to members of the Foreign Service to such agency's civilian employees performing official duty in a combat zone.
(Sec. 1103) Allows federal employees deployed in support of a contingency operation and DOD employees designated as emergency essential employees to elect to receive automatic life insurance coverage upon notification of such deployment or designation. Allows such employees to elect optional life insurance, or additional optional life insurance, within 60 days following such notification.
(Sec. 1104) Extends through FY2014: (1) DOD authority to make lump-sum severance payments to employees being involuntarily separated; and (2) the authority for a DOD employee to volunteer to be separated in order to protect another employee from being separated under a reduction-in-force.
(Sec. 1106) Provides for expedited hiring procedures for DOD civilian workforce positions under the National Security Personnel System.
(Sec. 1107) Authorizes the Secretary to designate any category of health care position within DOD as a shortage category (thereby permitting expedited hiring authority). Terminates such authority at the end of FY2012.
(Sec. 1108) Authorizes the Secretary, through 2013, to utilize direct hire authority for scientific and engineering positions within certain defense laboratories. Limits such hires to 2% of the total number of positions at such laboratory. Terminates such authority at the end of 2013.
(Sec. 1109) Amends the NDAA for Fiscal Year 2008 to direct the Secretary to report annually to the defense committees on the status of defense laboratory personnel demonstration projects.
(Sec. 1111) Authorizes the Secretary and the Secretaries concerned to exceed the limitation on DOD and military department office personnel and staff by no more than 5% above the baseline limitation for each of FY2009 and thereafter, if necessary to accommodate workload increases or to modify the type of personnel required to accomplish the work. Provides exceptions to such limits, for such fiscal years, with respect to: (1) acquisition personnel hired pursuant to expedited hiring authority; and (2) personnel hired pursuant to a designated shortage category. Requires an annual report from the Secretary to the defense and appropriations committees concerning such adjustments.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training
- (Sec. 1201) Amends the NDAA for Fiscal Year 2008 to extend through FY2009 the funding authority to build the capacity of the Pakistan Frontier Corps.
(Sec. 1202) Allows fiscal year funds for military-to-military contacts and comparable activities in FY2009 and thereafter to be available for programs and activities that begin in a fiscal year and end in the following fiscal year.
(Sec. 1203) Allows funds available in FY2009 and thereafter for the payment of incremental expenses for participation of developing countries in combined military exercises to be used for programs that begin in such fiscal year but end in the next fiscal year.
(Sec. 1204) Amends the Warner Act to: (1) add two elements to a reporting requirement concerning the lending of military equipment to foreign nations for personnel protection and survivability; and (2) extend such lending authority through FY2011.
(Sec. 1205) Authorizes the Secretary to provide to appropriate military and civilian personnel of a friendly foreign government learning content and information technology for the education and training of such personnel for the development or enhancement of allied and friendly military and civilian capabilities for multinational operations. Directs the Secretary to report annually to the defense and foreign relations committees on the exercise of such authority, as well as on the development and issuance of guidance on procedures for the use of such authority.
(Sec. 1206) Amends the NDAA for Fiscal Year 2006 to: (1) authorize additional activities under a program to build the capacity of foreign military forces to conduct counterterrorism operations, to support military or stability operations in which U.S. Armed Forces are participating, or to build the capacity of a foreign country's maritime security forces to conduct counterterrorism operations; (2) increase authorized annual funding under the program; (3) allow funds to be available for programs and activities that begin in a fiscal year and end in the following fiscal year; and (4) extend such program through FY2011.
(Sec. 1207) Amends the NDAA for Fiscal Year 2006 to extend through FY2009 a program of support to the State Department for foreign reconstruction, security, or stabilization assistance. Authorizes the Secretary, during FY2009, to provide up to $50 million to the country of Georgia for such assistance (such amount to be in addition to the annual funding limitation).
(Sec. 1208) Amends the Reagan Act to increase from $25 million to $35 million the authorized fiscal year funding for the DOD support of special operations to combat terrorism. Extends such authority through FY2013.
(Sec. 1209) Increases from $25 million to $35 million the annual authorized funding for the regional defense combating terrorism fellowship program.
Subtitle B: Matters Relating to Iraq and Afghanistan
- (Sec. 1211) Prohibits the use of this Act's funds to: (1) establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Iraq; or (2) exercise U.S. control over Iraq oil resources.
(Sec. 1212) Requires the President to: (1) report to the foreign relations and defense committees on the status of military forces agreements between the United States and Iraq; and (2) provide an update whenever such an agreement is substantially revised.
(Sec. 1213) Directs the President to: (1) establish and implement a strategy to ensure that U.S.-led provincial reconstruction teams (PRTs) in Iraq are supporting the operational and strategic goals of coalition forces in Iraq; (2) require the strategy to develop Iraqi capacity to assume increasing responsibility for their own reconstruction and development activities; (3) establish measures of effectiveness and performance in meeting PRT-specific objectives; and (4) report quarterly to the defense, appropriations, and foreign relations committees on strategy implementation.
(Sec. 1214) Amends the NDAA for Fiscal Year 2006 to increase the FY2008-FY2009 funding level for the Commanders' Emergency Response Program (DOD urgent humanitarian relief and reconstruction in Iraq). Limits to $2 million the amount that may be expended on any single project after the enactment of this Act, with an exception. Authorizes the Secretary to waive such limitation when necessary to meet urgent humanitarian relief and reconstruction requirements. Requires the Secretary to notify the defense and appropriations committees within 15 days such a waiver. Requires certification to Congress of certain other projects under such Program. Expresses the sense of Congress that the government of Iraq should assume increasing responsibility for funding and carrying out projects currently funded by the United States under the Program, and should assume all costs associated with the Sons of Iraq program as expeditiously as possible.
(Sec. 1215) Requires the President to: (1) develop and implement a system to monitor the performance of U.S.-led PRTs in Afghanistan; and (2) report to the defense, appropriations, and foreign relations committees on system implementation.
(Sec. 1216) Requires: (1) a report from the Secretary to the defense and foreign relations committees on the command and control structure for U.S. military forces operating in Afghanistan; and (2) such report to be updated as warranted.
(Sec. 1217) Amends the NDAA for Fiscal Year 2008 to: (1) require additional reports from the Secretary on enhancing security and stability in the region along the border of Afghanistan and Pakistan; (2) include the foreign relations committees within a required notification by the Secretary of the use of coalition support funds for payment to Pakistan for the provision of logistical, military, or other support to the United States; (3) require the Secretary to submit information relating to reimbursement claims disallowed or deferred by the United States; (4) extend through FY2010 the required notification under (2), above; and (5) require a one-time report from the Secretary on efforts to implement recommendations made by the GAO in a report concerning oversight and accountability of Pakistan reimbursement claims.
(Sec. 1218) Directs the Secretary to conduct a study of, and report to the defense and foreign relations committees on, appropriate staffing and funding for Iraqi police training teams.
Subtitle C: Other Matters
- (Sec. 1231) Authorizes the Secretary to pay certain expenses of defense personnel of developing countries in connection with attendance at multilateral (currently, only bilateral or regional) conferences, seminars, and other meetings if such attendance is considered to be in the U.S. national security interest.
(Sec. 1232) Allows the Secretary to authorize the participation of members of the Armed Forces and DOD civilian personnel in multinational military centers of excellence which seek to: (1) enhance the ability of the military forces and civilian personnel of the participating nations to engage in joint exercises or coalition or international military operations; or (2) improve interoperability between U.S. armed forces and military forces of friendly foreign nations. Requires annual reports, beginning in FY2009, from the Secretary to the defense committees on the use of such authority.
(Sec. 1233) Directs the Secretary to: (1) review whether there are any security risks associated with participation by DOD contractors and subcontractors in space satellite development and launch activities of the People's Republic of China; and (2) report review results to the defense and appropriations committees.
(Sec. 1234) Requires the DNI to report annually to Congress on Iran's capability to produce nuclear weapons. Directs the President to notify Congress within 15 days after determining that Iran has: (1) resumed a nuclear weapons program; (2) met or surpassed any major nuclear weapons program milestone; or (3) begun to accelerate, decelerate, or cease the development of any significant program element.
(Sec. 1235) Directs the Secretaries of Defense and State to jointly establish and operate a temporary program to offer employment as translators, interpreters, or cultural awareness instructors to individuals who: (1) are Iraqi nationals lawfully present in the United States; and (2) worked, for at least 12 months since 2003, as translators in Iraq for the U.S. Armed Forces or other U.S. federal agency. Provides funding. Terminates the program on December 31, 2014.
(Sec. 1236) Amends the NDAA for Fiscal Year 2006 to require semiannual reports on the status of negotiations between the government of Libya and U.S. claimants in connection with the bombing of the LaBelle Discotheque in Berlin, Germany, in April 1986.
(Sec. 1237) Requires a joint report from the Secretaries of Defense and State to the defense, appropriations, and foreign relations committees on implementation of the Building Global Partnership authorities during the period from the enactment of this Act through FY2010.
(Sec. 1238) Amends the Department of Defense Authorization Act, 1985 and the NDAA for Fiscal Year 1995 to repeal certain annual report requirements concerning contributions of NATO member nations to the common defense. Requires a new annual report, from the Secretary to the defense committees, on: (1) annual common defense contributions by NATO-member nations, member nations of the Euro-Atlantic Partnership Council, and Japan; and (2) contributions of such nations to military or stability operations in which U.S. Armed Forces are participants.
Title XIII: Cooperative Threat Reduction
- (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
Title XIV: Other Authorizations - Subtitle A: Military Programs
- (Sec. 1401) Authorizes appropriations for DOD for FY2009 for: (1) Defense Working Capital Funds; (2) the National Defense Sealift Fund; (3) the Defense Health Program; (4) chemical agents and munitions destruction; (5) drug interdiction and counter-drug activities; and (6) the Defense Inspector General.
(Sec. 1407) Amends provisions concerning the National Defense Sealift Fund to: (1) remove the authority of the Secretary to obligate or expend Fund amounts for any purpose not authorized by law; and (2) include as DOD sealift vessels any auxiliary vessels specifically authorized by Congress to be funded in the Fund.
Subtitle B: National Defense Stockpile
- (Sec. 1411) Authorizes the National Defense Stockpile (NDS) Manager, during FY2009, to obligate up to $41.153 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposition of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 1412) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to increase NDS asset sale goals and prior-year disposal authority.
Subtitle C: Armed Forces Retirement Home
- (Sec. 1421) Authorizes appropriations for FY2009 for the Armed Forces Retirement Home.
Title XV: Authorization of Additional Appropriations for Operation Iraqi Freedom and Operation Enduring Freedom
- (Sec. 1501) Authorizes appropriations for DOD for FY2009 to provide additional funds for: (1) Operations Iraqi Freedom and Enduring Freedom; and (2) the Air Force for acquiring six C-17 aircraft.
(Sec. 1502) Requires that, for any annual or supplemental DOD budget request submitted to Congress after the date of enactment of this Act, the Secretary shall set forth separately any funding requested for any U.S. operations in: (1) Afghanistan; and (2) Iraq.
(Sec. 1503) Authorizes the use of funds under this title for the Joint Improvised Explosive Device Defeat Fund. Requires monthly reports during FY2009, from the Secretary to the defense and appropriations committees, on Fund commitments, obligations, and expenditures.
(Sec. 1504) Requires the Director of the Joint Improvised Explosive Device Defeat Organization, jointly with the Director of Defense Research and Engineering, to: (1) develop a comprehensive science and technology investment strategy for countering the threat of improvised explosive devices; and (2) report to the defense and appropriations committees on strategy implementation.
(Sec. 1505) Subjects funds authorized in this Act or the Supplemental Appropriations Act, 2008 for the Iraq Security Forces Fund and Afghanistan Security Forces Fund to the terms and conditions on such Funds' uses set forth in the NDAA for Fiscal Year 2008.
(Sec. 1507) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year, with limitations.
(Sec. 1508) Prohibits amounts authorized under this title from being obligated or expended for the acquisition, conversion, rehabilitation, or installation of facilities in Iraq for the use of the government of Iraq or its political subdivisions, agencies, departments, or forces. Provides exceptions with respect to the Commanders' Emergency Response Program, military construction, and technical assistance. Directs the U.S. government to: (1) initiate negotiations with Iraq on sharing the costs of combined U.S.-Iraq operations undertaken as part of Operation Iraqi Freedom; and (2) ensure that Iraq funds are used to pay the costs of the Iraqi Security Forces. Requires reports to Congress under (1) and (2), above, from the Secretary of State and the President, respectively.
Title XVI: Reconstruction and Stabilization Civilian Management
- Reconstruction and Stabilization Civilian Management Act of 2008 - (Sec. 1604) Amends the Foreign Assistance Act of 1961 to authorize the President, if in the U.S. national interest, to furnish assistance in stabilizing and reconstructing a country or region that is at risk of, in, or is in transition from, conflict or civil strife. Limits assistance authority to FY2009-FY2011.
(Sec. 1605) Amends the State Department Basic Authorities Act of 1956 to establish within the Department of State an Office of the Coordinator for Reconstruction and Stabilization, with specified duties and functions.
Authorizes the Secretary of State (Secretary, for purposes of this title) to establish: (1) a Response Readiness Corps (containing an active and standby component consisting of trained U.S. government personnel, including State Department and USAID employees) to provide stabilization and reconstruction activities in foreign countries or regions that are at risk, in, or are in transition from, conflict or civil strife; and (2) a volunteer Civilian Reserve Corps for such activities. Prohibits the establishment and deployment of any Civilian Reserve Corps from substantively impairing state and local capacity and readiness.
Directs the Secretary to ensure the use of existing State Department and USAID training and education programs.
(Sec. 1606) Authorizes: (1) the Secretary or the head of any U.S. agency, with respect to agency personnel, to extend to any individual assigned or deployed under this title certain death gratuity, training, and travel benefits that are provided to Foreign Service members; and (2) the Secretary to accept detailees or assignments from other agencies and state or local employees on a reimbursable or non-reimbursable basis.
(Sec. 1607) Directs the Secretary to develop an interagency strategy to respond to reconstruction and stabilization operations.
(Sec. 1608) Directs the Secretary to report annually (for six years) to the foreign relations committees on the implementation of this title.
Division B: Military Construction Authorizations
- Military Construction Authorization Act for Fiscal Year 2008 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII, and Title XXIX of this Act on October 1, 2011, or the date of enactment of an Act authorizing funds for military construction for FY2012, whichever is later, with an exception.
Title XXI [
sic
]: Army
- (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing, in specified amounts. Authorizes appropriations to the Army for fiscal years after 2008 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title.
(Sec. 2105) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year: (1) 2008 to decrease the amount authorized for construction projects at Hawthorne Army Ammunition Plant, Nevada, Fort Drum, New York, and Fort Bliss, Texas; and (2) 2007 to decrease the amount authorized for construction projects at Fort Bragg, North Carolina, and Vicenza, Italy.
(Sec. 2107) Extends certain prior-year military construction projects.
Title XXII: Navy
- (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
(Sec. 2205) Amends the MCAA for Fiscal Year: (1) 2005 to increase the amount authorized for a construction project at the Strategic Weapons Facility Pacific, Bangor, Washington; and (2) 2007 to increase the amount authorized for construction projects at the NMIC/Naval Support Activity, Suitland, Maryland, and the Naval Air Station, Whidbey Island, Washington.
Title XXIII: Air Force
- (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI.
(Sec. 2305) Extends certain prior-year military construction projects.
Title XXIV: Defense Agencies - Subtitle A: Defense Agency Authorizations
- (Sec. 2401) Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out certain energy conservation projects. Authorizes appropriations for fiscal years after 2008 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title.
(Sec. 2404) Amends the MCAA for Fiscal Year: (1) 2007 to increase the amount authorized for a construction project at Fort Detrick, Maryland; (2) 2005 to strike an authorized project at the Naval Air Station, Oceana, Virginia; and (3) 2006 to extend an authorized project in New Cumberland, Pennsylvania.
Subtitle B: Chemical Demilitarization Authorizations
- (Sec. 2411) Authorizes the Secretary to acquire real property and carry out a chemical demilitarization military construction project at the Blue Grass Army Depot, Kentucky, in a specified amount. Authorizes appropriations for fiscal years after 2008 for military construction and land acquisition for chemical demilitarization.
(Sec. 2413) Amends the MCAA for Fiscal Year: (1) 1997 to increase the amount authorized for a chemical demilitarization project at the Pueblo Army Depot, Colorado; and (2) 2000 to increase the amount authorized for such a project at the Blue Grass Army Depot, Kentucky.
Title XXV: North Atlantic Treaty Organization Security Investment Program
- (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2008 for such Program.
Title XXVI: Guard and Reserve Forces Facilities
- (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2008 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
(Sec. 2607) Amends the MCAA for Fiscal Year 2008 to increase the amount authorized for a project at North Kingstown, Rhode Island.
(Sec. 2608) Extends certain prior-year National Guard and reserve military construction projects.
Title XXVII: Base Closure and Realignment Activities - Subtitle A: Authorizations
(Sec. 2701) Authorizes appropriations for fiscal years after 2008 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990.
(Sec. 2702) Authorizes the Secretary to carry out base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005. Authorizes appropriations for fiscal years after 2008 for such purpose.
Subtitle B: Amendments to Base Closure and Related Laws
- (Sec. 2711) Revises base closure and realignment reporting requirement termination dates.
(Sec. 2712) Makes technical corrections regarding the authorized cost and scope of work variations for military construction and family housing projects carried out in connection with base closure and realignment activities.
Subtitle C: Other Matters
- (Sec. 2721) Directs the Secretary to establish a panel to: (1) review design plans for the National Military Medical Center and the new military hospital at Fort Belvoir, Virginia; (2) advise the Secretary whether the design will achieve the goal of providing world-class medical facilities; and (3) upon a negative determination, recommend plan changes to meet such goal. Requires a report from: (1) the panel to the Secretary addressing deficiencies in conceptual design plans; and (2) the Secretary to the defense and appropriations committees on plans for addressing the panel's findings and recommendations. Directs DOD to prepare and submit to such committees an estimate of the total cost to be incurred to close Walter Reed Army Medical Center, design and construct replacement facilities at the National Naval Medical Center and Fort Belvoir, and relocate operations to the replacement facilities. Requires the Secretary to prepare and submit to such committees a complete milestone schedule for such closing, design and construction, and relocation.
(Sec. 2722) Requires a report from the Secretary to the defense and appropriations committees evaluating the feasibility of using military installations selected for closure as locations for the construction of petroleum or natural gas refineries or nuclear power plants.
Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes
- (Sec. 2801) Provides a definition of "life-cycle cost-effective" for purposes of inclusion with analyses of proposed military construction projects. Requires the Secretary concerned, in determining the scope of a proposed project, to submit to the President appropriate recommendations regarding the incorporation and inclusion of life-cycle cost-effective practices as an element in the proposed documents submitted to Congress in connection with a fiscal year defense budget.
(Sec. 2802) Increases from $18,620 to $35,000 the maximum authorized per unit amount for Army family housing leases.
(Sec. 2803) Authorizes the Secretary concerned to: (1) use unneeded military family housing for members without dependents, without rental charge; and (2) convert a military family housing lease into a long-term lease of military unaccompanied housing. Prohibits the latter conversion until 21 days after the Secretary notifies the defense and appropriations committees. Applies the authority under this section to the Build to Lease program under the MCAA, 1984.
(Sec. 2804) Authorizes the Secretary of a military department to lease to the Secretary military family housing in the National Capital Region, with a specified rental rate.
(Sec. 2805) Directs each Secretary concerned to prescribe regulations to oversee and manage military housing privatization projects under specified requirements, including monthly site visits and progress reports by the installation asset manager. Requires, in connection with such projects: (1) the Secretary concerned or designated representative to ensure that the project owner, developer, or general contractor has sufficient construction experience to complete the project; (2) such owner, developer, or contractor carries a bonding level of at least 50% of the total value of all active phases of the project prior to commencement of work on a phase; (3) each military department to consult records of all past performances of owners, developers, and contractors in the bidding process for a project contract; (4) the Secretary to report annually to Congress on best practices for the execution of housing privatization initiatives; (5) DOD to partner with the appropriate owner, developer, or contractor; (6) a competitive process for the reconveyance or lease of privatization housing; and (7) an additional annual report concerning the maintenance and repair of privatized general and flag officer quarters.
(Sec. 2806) Amends the MCAA for Fiscal Year 2004 to extend through FY2009 DOD authority to use O&M funds for construction projects inside the U.S. Central Command and U.S. Africa Command areas of responsibility in support of a declared war, national emergency, or other contingency. Allows the use of such authority to construct temporary military facilities in Afghanistan in support of contingency operations in which the United States expect to have a long-term presence. Authorizes the use of up to $300 million O&M funds for additional construction in Afghanistan needed to meet urgent military requirements, after certification of such need from the Secretary to the defense and appropriations committees. Prohibits the total appropriated funds available from operation and maintenance for FY2009 from exceeding $500 million. Increases from 30 to 45 days the allotted time for DOD to transmit quarterly reports on the use of such authority.
(Sec. 2807) Directs the Secretary of the Air Force to submit to the defense and appropriations committees a cost-benefit analysis of dissolving Patrick Family Housing LLC (a Florida real estate partnership) without exercising full U.S. rights to recover damages from the partnership.
Subtitle B: Real Property and Facilities Administration
- (Sec. 2811) Excludes water resources development projects of the Corps of Engineers from a requirement that the Secretary concerned notify the defense committees before entering into certain real property transactions.
(Sec. 2812) Revises separate military department and defense agency authority to lease non-excess property to: (1) establish a single authority for both; (2) prohibit leasebacks with annual payments in excess of $500,000; and (3) require the Secretary to notify the defense and appropriations committees at least 30 days before entering into a lease whose annual payment will exceed $750,000. Repeals separate defense agency authority with respect to all such leases.
(Sec. 2813) Authorizes the Secretary concerned to convey all U.S. rights and interest to utility system infrastructure to an entity to which a utility system has been conveyed if certain criteria are met.
(Sec. 2814) Directs the Secretary to: (1) conduct a needs assessment if it is determined that a DOD action will cause a significant transportation impact to access to a military reservation; and (2) report to the defense, appropriations, and transportation committees any significant impacts resulting from DOD actions since January 1, 2005.
(Sec. 2815) Directs the Secretary to report to the defense and appropriations committees on the implementation of Department of Defense Anti-Terrorism/Force Protection standards at gates and entry points of military installations.
Subtitle C: Provisions Related to Guam Realignment
- (Sec. 2821) Expresses the sense of Congress that any military family housing provided in connection with the realignment of military installations and the relocation of military personnel on Guam (realignment and relocation) should be: (1) operated in the manner provided for DOD public-private ventures; and (2) constructed in accordance with current DOD building standards.
Expresses the sense of Congress that proposed utility infrastructure improvements on Guam should incorporate the civilian and military infrastructure into a single grid, if appropriate cost-sharing and quality standards are met.
(Sec. 2822) Expresses the sense of Congress that the Interagency Group on Insular Affairs (Interagency Group) should enter into a memorandum of understanding with the government of Guam to identify, before any realignment or relocation, local funding requirements for civilian infrastructure development and other needs related to the realignment and relocation. Requires a report from the CG to the defense and appropriations committees on the status of interagency coordination through the Interagency Group of budgetary requests to assist Guam with budget requirements related to the realignment of military forces on Guam.
(Sec. 2823) Makes the Commonwealth of the Northern Mariana Islands eligible for DOD funds for military base reuse studies and community planning assistance.
(Sec. 2824) Establishes in the Treasury the Support for United States Relocation to Guam Account for carrying out DOD financial transactions in connection with the realignment and relocation. Requires an annual report from the Secretary to Congress on each military construction project included in the budget submission for the next fiscal year related to such realignment or relocation. Expresses the sense of Congress that the use of the Account provides a great opportunity for businesses of the United States and its territories to contribute to the U.S. strategic presence in the western Pacific by competing for contracts awarded for such construction. Urges the Secretary to ensure maximum participation of U.S. and U.S. territory businesses in such construction.
Subtitle D: Energy Security
- (Sec. 2831) Requires that, if a proposed enhanced use lease involves a DOD project related to energy production and the lease term exceeds 20 years, the Secretary concerned may not enter into the lease until 30 days after the Secretary of Defense certifies to the defense and appropriations committees that the lease is consistent with DOD performance goals and plans.
(Sec. 2832) Requires an annual DOD report concerning installations energy management to include a description of progress made to meet certification requirements for sustainable green-building standards in construction and major renovations as required under the Energy Independence and Security Act of 2007.
Subtitle E: Land Conveyances
- (Sec. 2841) Authorizes the Secretary of the Navy to convey to the redevelopment authority (RA) for the former Naval Air Station, Alameda, California, the real and personal property comprising the Station (with exceptions).
(Sec. 2842) Transfers from from the Department of the Navy to the U.S. Fish and Wildlife Service administrative jurisdiction over the decommissioned Naval Security Group Activity, Skaggs Island, California, for inclusion in the National Wildlife Refuge System.
(Sec. 2843) Authorizes the Secretary to transfer into the Department of Defense Family Housing Improvement Fund proceeds from the sale of certain real property at the Marine Corps Logistics Base, Albany, Georgia, after 30 days' prior notification to the defense and appropriations committees.
(Sec. 2844) Authorizes the Secretary of the Army to convey to the city of Springfield, Ohio, the Sergeant First Class M.L. Downs Army Reserve Center in Springfield, for municipal government activities.
(Sec. 2845) Authorizes the Secretary of the Army to convey to the state of Tennessee the John Sevier Range in Knox County, Tennessee, for a public firing range and associated recreational activities.
(Sec. 2846) Authorizes the Secretary of the Army to convey to the state of Utah on behalf of the Utah National Guard two parcels of real property within Camp Williams, Utah, to be used for military purposes.
(Sec. 2847) Authorizes the Secretary of the Army to enter into an easement with the Secretary of the Interior to provide land along the perimeter of Fort Belvoir, Virginia, for use as a segment of the Potomac Heritage National Scenic Trail.
Subtitle F: Other Matters
- (Sec. 2851) Amends the MCAA for Fiscal Year 2000 to delay until January 1, 2012, the deadline for the transfer of the Arlington Naval Annex to Arlington National Cemetery.
(Sec. 2852) Authorizes the Secretary of the Air Force to accept gifts from the Air Force Museum Foundation for paying design and construction costs of a fourth building for the National Museum of the United States Air Force at Wright-Patterson Air Force Base, Ohio. Requires gifts received, and investment income from such gifts, to be the sole source of funding for the design and construction of such building.
(Sec. 2853) Directs the Secretary of the Navy to enter into a lease with the USS Missouri Memorial Association to authorize the Association to use the pier Foxtrot Five and related property on Ford Island, Pearl Harbor Naval Base, Hawaii, during 2009 and 2010.
(Sec. 2854) Imposes specified commercial use restrictions upon any conveyance from the United States to the Commonwealth of Pennsylvania or other entity that includes the airfield property located at NASJRB Willow Grove and designated for operation as a joint interagency installation pursuant to the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007.
(Sec. 2855) Designates the health facility in Fort Rucker, Alabama, as the Lyster Army/VA Health Clinic.
Title XXIX: War-Related Military Construction Authorizations
-
Subtitle A: Fiscal Year 2008 Projects
- (Sec. 2901) Authorizes the Secretary of the Army to acquire real property and carry out war-related military construction projects at specified installations and locations in the United States and in Iraq. Authorizes appropriations for the Army for fiscal years after 2007 for war-related military construction, land acquisition, and military family housing functions of the Army.
(Sec. 2902) Authorizes the Secretary of the Navy to acquire real property and carry out war-related military construction projects at specified installations and locations in the United States. Authorizes appropriations for the Navy for fiscal years after 2007 for war-related military construction, land acquisition, and military family housing functions of the Navy.
(Sec. 2903) Authorizes the Secretary of the Air Force to acquire real property and carry out war-related military construction projects at specified installations and locations in the United States and in Qatar. Authorizes appropriations for the Air Force for fiscal years after 2007 for war-related military construction, land acquisition, and military family housing functions of the Air Force.
(Sec. 2904) Authorizes the Secretary to acquire real property and carry out a war-related military construction project in the United States. Authorizes appropriations to DOD for fiscal years after 2007 for war-related military construction, land acquisition, and military family housing functions.
(Sec. 2905) Amends the MCAA for Fiscal Year 2008 to: (1) reduce the amounts authorized for specified projects in Iraq; and (2) eliminate a project in Tikrit, Iraq.
Subtitle B: Fiscal Year 2009 Projects
- (Sec. 2911) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects to construct or renovate warrior transition unit facilities in various locations inside the United States. Authorizes appropriations for fiscal years after 2008 for military construction, land acquisition, and military family housing functions of the Army. Prohibits funds from being obligated for any such project until 14 days after the defense and appropriations committees have received from the Secretary a detailed justification for the project.
(Sec. 2912) Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects to construct or renovate warrior transition unit facilities in various locations inside the United States. Authorizes appropriations for fiscal years after 2008 for military construction, land acquisition, and military family housing projects of the Navy. Prohibits funds from being obligated for any such project until 14 days after the defense and appropriations committees have received from the Secretary a detailed justification for the project.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [
sic
]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations
- (Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2009 for: (1) activities of the National Nuclear Security Administration in carrying out programs necessary for national security, with specified allocations for weapons activities, defense nuclear nonproliferation activities, naval reactors, and the Office of the Administrator for Nuclear Security (Administrator); and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup, other defense activities, defense nuclear waste disposal, and energy security and assurance.
Subtitle B: Program Authorizations, Restrictions, and Limitations
- (Sec. 3111) Includes as a responsibility of the Administrator the elimination of inventories of surplus fissile materials usable for nuclear weapons.
(Sec. 3112) Limits the availability of funds authorized for the Chemistry and Metallurgy Research Replacement (CMRR) facility project at Los Alamos National Laboratory, New Mexico, until 15 days after the Administrator and the Defense Nuclear Facilities Safety Board have each submitted a certification to the defense and appropriations committees that concerns regarding the design of CMRR safety class systems and seismic issues have been resolved.
(Sec. 3113) Directs the Administrator to carry out a program to provide scholarships and fellowships for enabling individuals to qualify for employment in DOE nonproliferation and national security programs. Requires participants to enter into an agreement to receive educational assistance for up to a five-year period, and afterward to serve in a DOE nonproliferation or national security position for the same number of years that the assistance was provided. Requires repayment for failure to complete the educational program or to serve the required period. Allows the Administrator to waive such repayment when seeking recovery would be against equity and good conscience or contrary to the best interests of the United States. Allows a preference for individuals enrolled or accepted for enrollment in an institution of higher education that has a cooperative program with DOE. Requires a program activities report from the Administrator to the defense and appropriations committees. Provides funding.
(Sec. 3114) Directs the Secretary of Energy (Secretary, for purposes of this title only) to prepare, implement, and report to the defense and appropriations committees on a research and development plan to improve nuclear forensics capabilities in DOE and its national laboratories. Amends the NDAA for Fiscal Year 2008 to require additional information in a report concerning DOE nuclear forensics capabilities. Requires a report from the President to the appropriations, defense, and homeland security committees on the involvement of senior-level executive branch leadership in nuclear terrorism preparedness exercises that include nuclear forensics analysis.
(Sec. 3115) Amends the NDAA for Fiscal Year 2007 to: (1) allow DOE to accept certain contributions for the international nuclear materials protection and cooperation program and the Russian plutonium disposition program; and (2) extend through 2015 the authority to accept such contributions.
(Sec. 3116) Requires the Administrator to: (1) conduct a review of the Global Initiatives for Proliferation Prevention program; (2) report review results to the defense and appropriations committees; and (3) report to such committees on funding for projects under the program. Prohibits FY2009 funding until 30 days after the latter report is submitted.
(Sec. 3117) Limits the amount of defense nuclear nonproliferation funds that may be used for projects specifically designed for the Global Nuclear Energy Partnership. Prohibits any amount so used from being expended until 30 days after the Administrator reports to Congress the full amount planned to be expended for any effort related to the Partnership.
Subtitle C: Reports
- (Sec. 3121) Amends the NDAA for Fiscal Year 2008 to extend until March 1, 2009, the deadline for a CG assessment of DOE protective force management at certain sites containing nuclear material.
(Sec. 3122) Directs the Secretary to report to the defense and appropriations committees on the status of compliance of DOE sites with the Design Basis Threat issued by DOE in November 2005.
(Sec. 3123) Amends the Atomic Energy Defense Act to require the DOE Secretary, in each even-numbered year beginning in 2010, to report to the defense committees and the Assistant to the President for National Security Affairs identifying any inadvertent releases of restricted data or formerly restricted data (in conjunction with the release of declassified information) discovered in the prior two-year period.
Title XXXII: Defense Nuclear Facilities Safety Board
- (Sec. 3201) Authorizes appropriations for FY2009 for the Defense Nuclear Facilities Safety Board.
Title XXXIV [
sic
]: Naval Petroleum Reserves
- (Sec. 3401) Authorizes appropriations to the Secretary of Energy for FY2009 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration
- (Sec. 3501) Authorizes appropriations to the Secretary of Transportation (Secretary, for purposes of this title only) for FY2009 for the Maritime Administration for specified activities, including: (1) operation and training; (2) maintaining a U.S.-flag merchant fleet; and (3) the disposal of obsolete vessels in the National Defense Reserve Fleet.
(Sec. 3502) Prohibits (with an exception) any vessel owned by the United States from being approved for export to a foreign country for purposes of dismantling, recycling, or scrapping.
(Sec. 3503) Increases from $4,000 to $8,000 the authorized annual student incentive payments at state maritime academies.
(Sec. 3504) Amends the Warner Act concerning licensing requirements for certain vessel crewmembers (riding gang members) to require that all persons onboard vessels involved in the carriage of cargo for DOD, with the exception of supercargo personnel, possess a merchant mariners' document or transportation worker security card issued under current vessel transportation requirements. Allows supercargo personnel to meet such requirement by passing a background security check conducted by the Secretary.
(Sec. 3505) Amends the Maritime Security Act of 2003 to require the Secretary to implement the maintenance and repair reimbursement pilot program with one or more contractors currently participating in the maritime security program.
(Sec. 3506) Authorizes the Maritime Administrator to establish a temporary program, through the end of the 2008-2009 academic year, for contracting with individuals as personal services contractors as adjunct professors at the U.S. Merchant Marine Academy, if the Administrator determines there is a need for such professors and the need is not of permanent duration. Limits participation to 25 individuals per academic trimester.
Authorizes the Administrator to accept and use conditional or unconditional gifts for the benefit of the Merchant Marine Academy. Establishes in the Treasury the Academy Gift Fund for such purposes.
Authorizes the Administrator to appoint any present employee of the Merchant Marine Academy non-appropriated fund instrumentality to a position on the General Schedule of comparable pay. Allows such appointments without regard to competition, for a term not to exceed two years.
(Sec. 3507) Requires the Secretary to direct the Superintendent of the Merchant Marine Academy to prescribe a policy on sexual harassment and sexual violence applicable to cadets and other Academy personnel. Requires the Superintendent to: (1) assess the Academy during each year to determine the effectiveness of such policy, training, and procedures; and (2) report annually to the Secretary on sexual harassment and sexual violence involving cadets or other Academy personnel.
(Sec. 3508) Directs the Administrator to execute agreements with shipyards to provide assistance: (1) in the form of grants, loans, and loan guarantees to small shipyards for capital improvements; and (2) for maritime training programs to foster technical skills and operational productivity in communities whose economies are related to or dependent upon the maritime industry. Requires at least 25% non-federal matching funds with respect to such projects or programs. Authorizes appropriations. Repeals provisions of the NDAA for Fiscal Year 2006 made inconsistent by this section.
(Sec. 3509) Extends through 2015 the merchant marine war risk insurance program.
(Sec. 3510) Requires the head of an agency responsible for administration of the navigation or vessel-inspection laws to obtain a determination from the Administrator, acting as National Shipping Authority Director, that sufficient U.S. flag capacity does not exist to meet national defense requirements prior to any waiver of such laws.
(Sec. 3511) Revises generally provisions concerning the transportation in U.S. maritime vessels of government personnel and cargoes procured, furnished, or financed by the government.
(Sec. 3512) Authorizes the Secretary to establish a Port of Guam Improvement Enterprise Program for the planning, design, and construction of projects for the Port of Guam to improve facilities, relieve port congestion, and provide greater access to port facilities. Establishes in the Treasury the Port of Guam Improvement Enterprise Fund. Authorizes appropriations.
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Bill titles: 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.; Clean Contracting Act of 2008; Military Construction Authorization Act for Fiscal Year 2009; Reconstruction and Stabilization Civilian Management Act of 2008
Links for more info on the vote: congress.gov
