II
110th CONGRESS
2d Session
S. 2787
IN THE SENATE OF THE UNITED STATES
March 31 (legislative day, March 13), 2008
Mr. Levin (for himself and Mr. McCain) (by request) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2009, and for other purposes.
Short title
This Act may be cited as the
National Defense Authorization Act for
Fiscal Year 2009
.
Organization of act into divisions; table of contents
Divisions
This Act is organized into two divisions as follows:
Division A
Department of Defense Authorizations.
Division B
Military Construction Authorizations.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Rapid Acquisition Fund.
Sec. 106. Joint Improvised Explosive Device Defeat Fund.
Sec. 107. Defense Production Act purchases.
Subtitle B—Air Force Programs
Sec. 111. Performance based logistics contracts for the F–35 Joint Strike Fighter.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Authorization of Appropriations
Sec. 201. Authorization of appropriations.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B—Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake, Washington.
Subtitle C—Workplace and Depot Issues
Sec. 321. Exception from prohibition on contractor performance of firefighting functions.
Sec. 322. Exception to prohibition on contracts for performance of security guard functions.
Sec. 323. Authority to consider depot level maintenance and repair using contractor furnished equipment or leased facilities as core logistics.
Subtitle D—Other Matters
Sec. 331. Recovery of missing military property.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Increase in Marine Corps Reserve general officers in an active status.
Sec. 403. Exclusion of certain personnel from counting for active-duty end strengths.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2009 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of Reserve personnel authorized to be on active duty for operational support.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Amendment of limited exclusion of joint duty requirements.
Sec. 502. Changes to promotion policy objectives for joint officers.
Sec. 503. Length of joint duty assignments.
Sec. 504. Streamlining language of joint duty requirements for promotion to general or flag officer.
Sec. 505. Technical changes to
joint specialtyterminology.
Sec. 506. Conforming changes to
joint specialtyterminology.
Sec. 507. Increased tenure for lieutenant generals.
Subtitle B—Reserve Component Matters
Sec. 511. Extension of retention on the Reserve active status list of military technicians (dual status) until age 60.
Sec. 512. Increase age limitation of Reserve component chaplains and medical officers beyond age 64.
Sec. 513. Conforming amendments to increase the mandatory retirement age for Reserve officers.
Sec. 514. Authority to require the uniform by military technicians (dual status).
Sec. 515. National Guard officers in Federal and federally funded State status.
Sec. 516. Clarification of authority to consider for a vacancy promotion National Guard officers ordered to active duty during a contingency operation.
Subtitle C—Education and Training
Sec. 521. Awarding of Master of Arts in Strategic Security Studies.
Sec. 522. Tuition reimbursement and use of funds at the United States Air Force Institute of Technology.
Sec. 523. Expanded authority to award degrees.
Sec. 524. Authority to prescribe authorized strength for the United States Naval Academy.
Subtitle D—General Service Authorities
Sec. 531. Change in requirement for posthumous certification.
Sec. 532. Raise maximum reenlistment term.
Subtitle E—Other Matters
Sec. 541. Civil liability for noncompliance and enforcement of Servicemembers Civil Relief Act.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Bonuses and Special and Incentive Pays
Sec. 601. One-year extension of certain bonus and special pays for Reserve forces.
Sec. 602. One-year extension of certain bonus and special pay authorities for certain health care professionals.
Sec. 603. One-year extension of special pay and bonus authorities for nuclear officers.
Sec. 604. Direct accession bonus for psychology officers.
Sec. 605. Extending maximum length of nuclear officer incentive pay agreements for service.
Subtitle B—Travel and Transportation Allowances
Sec. 611. Travel and transportation allowances for certain family members and the person designated to direct the disposition of the deceased’s remains to attend the burial ceremony or memorial service of members who die on duty.
Subtitle C—Retired Pay and Survivor Benefits
Sec. 621. Waiver of recoupment of overpayments of retired pay to spouse or former spouse as a result of retroactive disability determination.
Sec. 622. Survivor Benefit Plan: extension of period for election deemed to have been made.
Sec. 623. Survivor Benefit Plan: multiple beneficiaries.
Sec. 624. Survivor Benefit Plan: financial responsibility for Survivor Benefit Plan participation.
Sec. 625. Survivor Benefit Plan: presumptive proportionate share.
Sec. 626. Revocation of ten-year rule for direct payment of retired pay.
Sec. 627. Allowing member to submit application for direct payment.
Sec. 628. Disregard periods of confinement for dependent victims of abuse.
Sec. 629. Clarifying amendment regarding jurisdiction for purposes of allocation of retired pay under the Uniformed Services Former Spouse Protection Act.
Sec. 630. Division of retired pay to be based on member’s length of service and pay grade at time of divorce.
Sec. 631. Increases for divisions of retired pay expressed as a dollar amount.
Sec. 632. Prohibit court-ordered payments before retirement based on imputation of retired pay.
Sec. 633. Allow member to waive notice and provide court order upon request.
Sec. 634. Lump sum payments to former spouses of members of the uniformed services.
Subtitle D—Other Matters
Sec. 641. Permanent retention of eligibility for the earned income tax credit by servicemembers deployed to a combat zone.
Sec. 642. Exclusion from gross incomes of adjustments to the family separation allowance.
Sec. 643. Family pet shipment during evacuation of non-essential personnel.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE Program Improvements
Sec. 701. Revising TRICARE program cost sharing amounts.
Sec. 702. Changes in payment options for TRICARE Prime.
Sec. 703. Obstetrical travel for command-sponsored dependents of uniformed members assigned to very remote areas outside the continental United States.
Subtitle B—Other Matters
Sec. 711. Mental health evaluations of members of the Armed Forces by masters-level clinical social workers with an independent license.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Revision to the requirement for 15-day waiting period to issue solicitations after publication of synopsis.
Sec. 802. Repeal of Small Business Competitiveness Demonstration Program.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 811. Unmanned systems.
Sec. 812. Enhanced transfer of technology developed at DoD laboratories.
Subtitle C—Other Matters
Sec. 821. Extension of length of contracts for renewable energy sources and associated services.
Sec. 822. Modification of authority to accept financial and other incentives related to energy savings and similar new authority related to energy systems.
Sec. 823. Timeliness requirements on post-award bid protest jurisdiction of the Court of Federal Claims.
Subtitle D—Other Matters
Sec. 831. Applicability of the restriction on specialty metals.
Sec. 832. Clarification of jurisdiction of the United States district courts to hear bid protest disputes involving maritime contracts.
Sec. 833. Streamline jurisdiction over government contract claims, disputes and appeals arising out of maritime contracts.
Sec. 834. Repeal of the military system breakout list.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A—Department of Defense Management
Sec. 901. Permanent authority to accept gifts to benefit members of the Armed Forces and Department of Defense employees injured or killed in line of duty and their dependents.
Sec. 902. Modification of procedures to preserve the search and rescue capabilities of the Federal Government consistent with military requirements.
Subtitle B—Chemical Demilitarization Program
Sec. 911. Chemical Demilitarization Citizens’ Advisory Commission in Colorado and Kentucky.
Sec. 912. Modify the termination requirements for assistance to State and local governments under the Chemical Stockpile Emergency Preparedness Program.
Subtitle C—Intelligence-Related Matters
Sec. 921. Operational files of the Defense Intelligence Agency.
Sec. 922. Prohibition on disclosure of certain geodetic products.
Sec. 923. Technical changes following the redesignation of National Imagery and Mapping Agency as National Geospatial-Intelligence Agency.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Increase limitation on advance billing of working capital fund customers.
Sec. 1002. Crediting of admiralty claim receipts for damage to DoD working capital fund account property.
Sec. 1003. Licensing of intellectual property; definitions.
Subtitle B—Policy Relating to Vessels and Shipyards
Sec. 1011. Temporary waiver of the minimum aircraft carrier requirement.
Sec. 1012. Clarification of status of government rights in the designs of Department of Defense vessels, boats, craft, and components thereof.
Subtitle C—Counter-Drug Activities
Sec. 1021. Expansion and extension of authority to provide additional support for counter-drug activities of certain foreign governments.
Subtitle D—Matters Related to Homeland Security
Sec. 1031. Reserve support for responses to certain emergencies.
Sec. 1032. Reserve support to major public emergencies.
Sec. 1033. Reserve support to enforcement of Federal authority.
Sec. 1034. Reserve support to Federal aid for State Governments.
Sec. 1035. Procurement of equipment by State and local governments.
Sec. 1036. Confidential business and homeland security information sharing.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1041. Minimum annual purchase amounts for airlift from carriers participating in the Civil Reserve Air Fleet.
Subtitle F—Other Matters
Sec. 1051. Presentation of burial flag to spouses.
Sec. 1052. Defense Production Act Amendments of 2008.
Sec. 1053. Amendment to annual submission of information regarding information technology capital assets.
TITLE XI—CIVILIAN PERSONNEL MATTERS
Sec. 1101. Increase in authorized number of Defense Intelligence Senior Executive Service employees.
Sec. 1102. Permanent extension of Department of Defense voluntary reduction in force authority.
Sec. 1103. Flexibility in paying annuity to Federal retirees who return to work.
Sec. 1104. Direct hire authority for healthcare professionals of the Deparment of Defense.
Sec. 1105. Extension of authority to make lump sum severance payments.
Sec. 1106. Technical change to the definition of a professional accounting position.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Fund foreign visitors to the service academy international programs and establish per diem for faculty and cadets in study abroad programs.
Subtitle B—Nonproliferation Matters and Countries of Concern
Sec. 1211. Waiver of certain sanctions against North Korea.
Subtitle C—Other Matters
Sec. 1221. Sales of defense services to be performed overseas to support direct commercial sales by United States companies.
TITLE XIII—MATTERS RELATING TO BUILDING PARTNER CAPABILITIES TO COMBAT TERRORISM AND ENHANCE STABILITY
Subtitle A—Building Security Capacity and Non-military Stabilization Support
Sec. 1301. Building the partnership capacity of foreign military and other security forces.
Subtitle B—Enhancing Partners' Capacity for Effective Operations
Sec. 1311. Loans of significant military equipment.
Sec. 1312. Grants of non-lethal excess defense articles by geographic combatant commanders.
Sec. 1313. Establishment of a defense coalition support account to maintain inventory of critical items for coalition partners.
Sec. 1314. Reimbursement of salaries for Reserve components in support of security cooperation missions.
Sec. 1315. Enhanced authority to pay incremental expenses for participation of developing countries in combined exercises.
Subtitle C—Developing Commonality by Expanding Professional Military Education, Training, and Support for Partners
Sec. 1321. Authority for distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability.
Sec. 1322. Enhancing participation of the Department of Defense in multinational military centers of excellence.
Sec. 1323. Regional defense combating terrorism fellowship program.
Sec. 1324. Military-to-military contacts and comparable activities.
Sec. 1325. Payment of personnel expenses for multilateral cooperation programs.
Sec. 1326. Enhancing the ability of the United States Government to conduct complex operations.
Subtitle D—Setting Conditions Through Support for Local Populations
Sec. 1331. Amendments of authority for humanitarian assistance.
Sec. 1332. Making permanent and global the commanders emergency response program for urgent humanitarian and reconstruction needs in the field.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 2005 project inside the United States.
Sec. 2206. Modification of authority to carry out certain fiscal year 2007 projects inside the United States.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005.
Sec. 2404. Authorization of appropriations, Defense Agencies.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—CHEMICAL DEMILITARIZATION PROGRAM
Sec. 2601. Authorized Chemical Demilitarization Program construction and land acquisition projects.
Sec. 2602. Authorization of appropriations, Chemical Demilitarization Construction, Defense-wide.
Sec. 2603. Modification of authority to carry out certain fiscal year 1997 project.
Sec. 2604. Modification of authority to carry out certain fiscal year 2000 project.
Sec. 2605. Modification of authority to carry out certain fiscal year 2007 project.
TITLE XXVII—GUARD AND RESERVE FORCES FACILITIES
Sec. 2701. Authorized Guard and Reserve construction and land acquisition projects.
TITLE XXVIII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2801. Expiration of authorizations and amounts required to be specified by law.
Sec. 2802. Extension of authorizations of certain fiscal year 2006 projects.
Sec. 2803. Extension of authorizations of certain fiscal year 2005 projects.
TITLE XXIX—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing Changes
Sec. 2901. Modification of long-term leasing authority for military family housing.
Sec. 2902. Unspecified minor construction.
Sec. 2903. Flexibility in determining domestic family housing lease maximums.
Sec. 2904. Transfer of proceeds from property conveyance, Marine Corps Logistics Base, Albany, Georgia.
Subtitle B—Real Property and Facilities Administration
Sec. 2911. Modification of utility system conveyance authority.
Sec. 2912. Repeal of requirement to follow State law governing the provision of electric utility service.
Sec. 2913. Permanent authority to purchase municipal services for military installations in the United States.
Sec. 2914. Clarification of congressional reporting requirements for certain real property transactions of the military departments.
Subtitle C—Base Closure and Realignment
Sec. 2921. Annual base closure and realignment report.
Subtitle D—Other Matters
Sec. 2931. Expand cooperative agreement authority for management of cultural resources to include off-installation mitigation.
Congressional defense committees
For purposes of this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.
DEPARTMENT OF DEFENSE AUTHORIZATIONS
PROCUREMENT
Authorization of Appropriations
Army
Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Army as follows:
For aircraft, $5,009,835,000.
For missiles, $2,211,460,000.
For weapons and tracked combat vehicles, $3,687,077,000.
For ammunition, $2,275,791,000.
For other procurement, $11,367,926,000.
Navy and Marine Corps
Navy
Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Navy as follows:
For aircraft, $14,716,774,000.
For weapons, including missiles and torpedoes, $3,575,482,000.
For shipbuilding and conversion, $12,732,918,000.
For other procurement, $5,482,856,000.
Marine corps
Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Marine Corps in the amount of $1,512,765,000.
Navy and marine corps ammunition
Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement of ammunition for the Navy and Marine Corps in the amount of $1,122,712,000.
Air Force
Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Air Force as follows:
For aircraft, $12,676,496,000.
For ammunition, $894,478,000.
For missiles, $5,536,728,000.
For other procurement, $16,128,396,000.
Defense-wide activities
Funds are hereby authorized to be appropriated for fiscal year 2009 for Defense-wide procurement in the amount of $3,164,228,000.
Rapid Acquisition Fund
Funds are hereby authorized to be appropriated for fiscal year 2009 for Rapid Acquisition Fund in the amount of $102,045,000.
Joint Improvised Explosive Device Defeat Fund
Funds are hereby authorized to be appropriated for fiscal year 2009 for Joint Improvised Explosive Device Defeat Fund in the amount of $496,300,000.
Defense Production Act purchases
Funds are hereby authorized to be appropriated for fiscal year 2009 for Defense Production Act purchases in the amount of $36,365,000.
Air Force Programs
Performance based logistics contracts for the F–35 Joint Strike Fighter
Availability of operation and maintenance funds
Funds available to the Department of Air Force and the Department of Navy for operation and maintenance may be used to fund both expense and investment costs under Performance Based Logistics contracts for the Joint Strike Fighter (JSF) F–35.
Definition
In this section, the term Performance Based Logistics contract means a contract for the acquisition of sustainment support as an integrated, affordable, performance package designed to optimize system readiness and availability, while achieving performance goals for the JSF with clear lines of authority and responsibility and with cost insight.
Sunset
The authority provided by this section shall terminate on September 30, 2015.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Authorization of Appropriations
Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal year 2009 for the use of the Department of Defense for research, development, test, and evaluation, as follows:
For the Army, $10,524,085,000.
For the Navy, $19,337,238,000.
For the Air Force, $28,066,617,000.
For Defense-wide activities, $21,688,001,000, of which $188,772,000 is authorized for the Director of Operational Test and Evaluation.
OPERATION AND MAINTENANCE
Authorization of Appropriations
Operation and maintenance funding
Funds are hereby authorized to be appropriated for fiscal year 2009 for the use of the Armed Forces and other activities and agencies of the Department of Defense, for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:
For the Army, $31,243,092,000.
For the Navy, $34,922,398,000.
For the Marine Corps, $5,597,254,000.
For the Air Force, $35,902,487,000.
For the Defense-wide activities, $26,091,864,000.
For the Army Reserve, $2,642,341,000.
For the Navy Reserve, $1,311,085,000.
For the Marine Corps Reserve, $213,131,000.
For the Air Force Reserve, $3,142,892,000.
For the Army National Guard, $5,875,546,000.
For the Air National Guard, $5,879,576,000.
For the United States Court of Appeals for the Armed Forces, $13,254,000.
For Environmental Restoration, Army, $447,776,000.
For Environmental Restoration, Navy, $290,819,000.
For Environmental Restoration, Air Force, $496,227,000.
For Environmental Restoration, Defense-wide, $13,175,000.
For Environmental Restoration, Formerly Used Defense Sites, $257,796,000.
For Overseas Humanitarian, Disaster, and Civic Aid programs, $83,273,000.
For Former Soviet Union Threat Reduction programs, $414,135,000.
For the Overseas Contingency Operations Transfer Fund, $9,101,000.
Working capital funds
Funds are hereby authorized to be appropriated for fiscal year 2009 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:
For the Defense Working Capital Funds, $1,489,234,000.
For the National Defense Sealift Fund, $1,962,253,000.
For the Defense Coalition Support Fund, $22,000,000.
Other Department of Defense programs
Defense health program
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2009 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $23,615,202,000, of which—
$23,117,359,000 is for Operation and Maintenance;
$193,938,000 is for Research, Development, Test, and Evaluation; and
$303,905,000 is for Procurement.
Chemical agents and munitions destruction, Army
Authorization of appropriations
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2009 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, in the amount of $1,485,634,000, of which—
$1,152,668,000 is for Operation and Maintenance;
$268,881,000 is for Research, Development, Test, and Evaluation; and
$64,085,000 is for Procurement.
Use
Amounts authorized to be appropriated under paragraph (1) are authorized for—
the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
Drug interdiction and counter-drug activities, defense-wide
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2009 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $1,060,463,000.
Defense inspector general
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2009 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $247,845,000, of which—
$246,445,000 is for Operation and Maintenance; and
$1,400,000 is for Procurement.
Environmental Provisions
Reimbursement of Environmental Protection Agency for certain costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake, Washington
Authority To reimburse
Transfer amount
Using funds described in subsection (b), the Secretary of Defense may transfer not more than $64,049.40 to the Moses Lake Wellfield Superfund Site 10–6J Special Account.
Purpose of reimbursement
The payment under paragraph (1) is to reimburse the Environmental Protection Agency for its costs incurred in overseeing a remedial investigation/feasibility study performed by the Department of the Army under the Defense Environmental Restoration Program at the former Larson Air Force Base, Moses Lake Superfund Site, Moses Lake, Washington.
Interagency agreement
The reimbursement described in paragraph (2) is provided for in the interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Moses Lake Wellfield Superfund Site in March 1999.
Source of funds
Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(17) for operation and maintenance for Environmental Restoration, Formerly Used Defense Sites.
Use of funds
The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the Agency at the Moses Lake Wellfield Superfund Site.
Workplace and Depot Issues
Exception from prohibition on contractor performance of firefighting functions
Section 2465(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
A contract for the performance of firefighting functions to—
fight wildland fires such as range or forest fires, and
perform wildland fire management such as prescribed burning.
.
Exception to prohibition on contracts for performance of security guard functions
Section 2465(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
A contract for security guard functions at any military installation or facility for the duration of a Force Protection Condition higher than Alpha; provided that such contract shall not result in the displacement of any Federal employee, and shall continue in effect no more than 90 days following the termination of such a higher Force Protection Condition.
.
Authority to consider depot level maintenance and repair using contractor furnished equipment or leased facilities as core logistics
Section 2474 of title 10, United States Code, is amended by adding at the end the following new subsection:
Exception for core logistics
Depot-level maintenance and repair workload performed at a Center of Industrial and Technical Excellence by Federal Government employees using contractor-furnished equipment or by government employees utilizing government-leased facilities may be considered as workload necessary to maintain core logistics capability identified in section 2464 of this title if the depot-level maintenance and repair workload is the subject of a public-private partnership entered into pursuant to subsection (b).
.
Other Matters
Recovery of missing military property
In general
Section 2789 of title 10, United States Code, is amended to read as follows:
Recovery of Department of Defense property: unauthorized disposition
Prohibition
No member of the armed forces, civilian employee of the Government, contractor personnel, or any other person may sell, lend, pledge, barter, or give any clothing, arms, articles, equipment, or any other military or Department of Defense property to any unauthorized person.
Seizure of improperly disposed of property
If a member of the armed forces, civilian employee of the Government, contractor personnel, or any other person has disposed of military or Department of Defense property in violation of subsection (a), any civil or military officer of the United States or any State or local law enforcement official may seize the property, wherever found. If such property is in the possession of a person who is not authorized to receive it, that person in possession has no title or right to, or interest in, the property. Possession of such property by a person who is neither a member of the armed forces nor an official of the United States is prima facie evidence that the property has been disposed of in violation of subsection (a).
Delivery of seized property
Any official who seizes property under subsection (b) and is not authorized to retain it for the United States shall deliver the property to an authorized member of the armed forces or other authorized official of the Department of Defense.
Retroactive enforcement authorized
This section shall apply to any military or Department of Defense property which was the subject of unauthorized disposition any time after January 1, 2002.
Severability clause
In the event that any portion of this section is held unenforceable, all other portions of this section shall remain in full force and effect.
.
Clerical amendment
The table of sections at the beginning of chapter 165 of such title is amended by striking the item relating to section 2789 and inserting the following new item:
2789. Recovery of Department of Defense property: unauthorized disposition.
.
MILITARY PERSONNEL AUTHORIZATIONS
Active Forces
End strengths for active forces
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2009, as follows:
The Army, 532,400.
The Navy, 325,300.
The Marine Corps, 194,000.
The Air Force, 316,600.
Increase in Marine Corps Reserve general officers in an active status
The table in section 12004(a) of title 10,
United States Code, is amended by striking 10
in the item
relating to the Marine Corps and inserting 12
.
Exclusion of certain personnel from counting for active-duty end strengths
In general
Section 115(i) of title 10, United States Code, is amended by adding at the end the following new paragraph:
Members of a reserve component ordered to active duty under section 12301(d) of this title or full-time National Guard duty under section 502(f)(2) of title 32 for the purpose of responding to a serious domestic manmade or natural disaster, accident, or catastrophe.
.
Conforming amendment
Such section is further amended by inserting and
(14)
in subsection (b)(3)(B) after (8)
.
Reserve Forces
End strengths for Selected Reserve
In general
The Armed Forces are authorized strengths for Selected Reserve personnel of the Reserve components as of September 30, 2009, as follows:
The Army National Guard of the United States, 352,600.
The Army Reserve, 205,000.
The Navy Reserve, 66,700.
The Marine Corps Reserve, 39,600.
The Air National Guard of the United States, 106,700.
The Air Force Reserve, 67,400.
The Coast Guard Reserve, 10,000.
Adjustments
The end strengths prescribed by subsection (a) for the Selected Reserve of any Reserve component shall be proportionately reduced by—
the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
End strengths for Reserves on active duty in support of the Reserves
Within the end strengths prescribed in section 411(a), the Reserve components of the Armed Forces are authorized, as of September 30, 2009, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the Reserve components:
The Army National Guard of the United States, 29,950.
The Army Reserve, 16,170.
The Navy Reserve, 11,099.
The Marine Corps Reserve, 2,261.
The Air National Guard of the United States, 14,337.
The Air Force Reserve, 2,733.
End strengths for military technicians (dual status)
The minimum number of military technicians (dual status) as of the last day of fiscal year 2009 for the Reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
For the Army Reserve, 8,395.
For the Army National Guard of the United States, 27,210.
For the Air Force Reserve, 10,003.
For the Air National Guard of the United States, 22,452.
Fiscal year 2009 limitation on number of non-dual status technicians
Limitations
National guard
Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2009, may not exceed the following:
For the Army National Guard of the United States, 1,600.
For the Air National Guard of the United States, 350.
Army reserve
The number of non-dual status technicians employed by the Army Reserve as of September 30, 2009, may not exceed 595.
Air force reserve
The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2009, may not exceed 90.
Non-dual status technicians defined
In this section, the term non-dual status technician has the meaning given that term in section 10217(a) of title 10, United States Code.
Maximum number of Reserve personnel authorized to be on active duty for operational support
During fiscal year 2009, the maximum number of members of the Reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:
The Army National Guard of the United States, 17,000.
The Army Reserve, 13,000.
The Navy Reserve, 6,200.
The Marine Corps Reserve, 3,000.
The Air National Guard of the United States, 16,000.
The Air Force Reserve, 14,000.
Authorization of Appropriations
Military personnel
There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2009 a total of $114,896,340,000.
Armed Forces Retirement Home
There is hereby authorized to be appropriated for fiscal year 2009 from the Armed Forces Retirement Home Trust Fund the sum of $63,010,000 for the operation of the Armed Forces Retirement Home.
MILITARY PERSONNEL POLICY
Officer Personnel Policy
Amendment of limited exclusion of joint duty requirements
Section 526(b)(2)(A) of title 10, United
States Code, is amended by striking and a general and flag officer
position
and inserting three general and flag officer
positions
.
Changes to promotion policy objectives for joint officers
Section 662 of title 10, United States Code, is amended—
in subsection (a),
by striking that—(1)
and all that follows through the period at
the end and inserting that officers in the grade of major (or in the
case of the Navy, lieutenant commander) or above who have been designated as a
Joint Qualified Officer are expected as a group to be promoted to the next
higher grade at a rate not less than the rate for officers of the same armed
force in the same grade and competitive category.
; and
in subsection (b),
by striking officers who are serving in, or have served in, joint duty
assignments, especially with respect to the record of officer selection boards
in meeting the objectives of paragraphs (1), (2), and (3) of subsection
(a)
and inserting Joint Qualified Officers in the grades of
major (or in the case of the Navy, lieutenant commander) through colonel (or in
the case of the Navy, captain), especially with respect to the record of
officer selection boards in meeting the objective of subsection
(a)
.
Length of joint duty assignments
Section 664 of title 10, United States Code, is amended—
in subsection (d)—
in paragraph (1), by amending subparagraph (D) to read as follows:
a qualifying reassignment from a joint duty assignment—
for unusual personal reasons (including extreme hardship and medical conditions) beyond the control of the officer or the Armed Forces; or
to another joint duty assignment immediately after—
the officer was promoted to a higher grade, if the reassignment was made because no joint duty assignment was available within the same organization that was commensurate with the officer’s new grade; or
the officer’s position was eliminated in a reorganization.
; and
by amending paragraph (3) to read as follows:
Service in a joint duty assignment in a case in which the officer’s tour of duty in that assignment brings the officer’s accrued service for purposes of subsection (f)(3) to the applicable standard prescribed in subsection (a).
;
in subsection (e), by amending paragraph (2) to read as follows:
In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service:
Service described in subsection (c).
Service described in subsection (d).
Service described in subsection (f)(6).
;
in subsection (f)—
by amending paragraphs (3) and (4) to read as follows:
Accrued joint experience in joint duty assignments as described in subsection (g).
A joint duty assignment outside the United States or in Alaska or Hawaii for which the normal accompanied-by-dependents tour of duty is prescribed by regulation to be at least two years in length, if the officer serves in the assignment for a period equivalent to the accompanied-by-dependents tour length.
; and
by amending paragraph (6) to read as follows:
A second and subsequent joint duty assignment that is less than the period required under subsection (a), but not less than two years.
;
by striking subsection (g) and inserting the following:
Accrued joint experience
For the purposes of subsection (f)(3), joint experience (e.g., temporary duty in joint assignments, joint individual training, and participation in joint exercises) as prescribed in regulations by the Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff, may be aggregated to equal a full tour of duty.
;
in subsection (h)—
by amending paragraph (1) to read as follows:
The Secretary of Defense may award constructive credit in the case of an officer (other than a general or flag officer) who, for reasons of military necessity, is reassigned from a joint duty assignment within 60 days of meeting the tour length criteria prescribed in subsection (f)(1), (f)(2), or (f)(4). The amount of constructive service that may be credited to such officer shall be the amount sufficient for the completion of the applicable tour of duty requirement, but in no case more than 60 days.
; and
by striking paragraph (3); and
by striking subsection (i).
Streamlining language of joint duty requirements for promotion to general or flag officer
In general
Section 619a of title 10, United States Code, is amended—
in the heading, by
striking joint duty
assignment
and inserting Joint Qualified Office designation
;
by amending subsection (a) to read as follows:
General rule
An officer on the active-duty list of the Army, Navy, Air Force, or Marine Corps may not be appointed to the grade of brigadier general or rear admiral (lower half) unless the officer has been designated as a Joint Qualified Officer in accordance with section 661 of this title.
;
in subsection (b)—
by striking
paragraph (1) or paragraph (2) of subsection (a), or both paragraphs (1)
and (2) of subsection (a),
in the matter preceding paragraph (1) and
inserting subsection (a)
; and
in paragraph (4),
by striking within that immediate organization is not less than two
years
and inserting is not less than two years, and if the
officer has successfully completed a program of education as described in
subsections (b) and (c) of section 2155 of this title
; and
by striking subsection (h).
Clerical amendment
The table of sections at the beginning of subchapter II of chapter 36 of such title is amended by striking the item relating to section 619a and inserting the following new item:
619a. Eligibility for consideration for promotion: Joint Qualified Officer designation required before promotion to general or flag grade; exceptions.
.
Technical
changes to joint specialty
terminology
Joint duty assignments after completion of joint professional military education
Section 663 of title 10, United States Code, is amended—
in subsection (a)—
in the heading, by
striking Joint specialty
officers.—
and inserting Joint qualified officers.—
;
and
by striking
officer with the joint specialty
and inserting Joint
Qualified Officer
; and
in
subsection (b)(1), by striking do not have the joint specialty
and inserting are not designated as Joint Qualified
Officers
.
Procedures for monitoring careers of joint officers
Section 665 of such title is amended—
in subsection
(a)(1)(A), by striking officers with the joint specialty
and
inserting Joint Qualified Officers
; and
in subsection
(b)(1), by striking officers with the joint specialty
and
inserting Joint Qualified Officers
.
Conforming
changes to joint specialty
terminology
Section 667 of title 10, United States Code, is amended—
in paragraph (1)—
in subparagraph
(A), by striking selected for the joint specialty
and inserting
designated as a Joint Qualified Officer
; and
in subparagraph
(B), by striking selection for the joint specialty
and inserting
designation as a Joint Qualified Officer
;
in paragraph (2),
by striking officers with the joint specialty
and inserting
Joint Qualified Officers
;
in paragraph (3),
by striking selected for the joint specialty
each place it
appears and inserting designated as Joint Qualified
Officers
;
in paragraph (4)—
in subparagraph
(A), by striking selected for the joint specialty
and inserting
designated as Joint Qualified Officers
; and
by amending subparagraph (B) to read as follows:
a comparison of the number of officers who were designated as a Joint Qualified Officer who had served in a Joint Duty Assignment List billet and completed Joint Professional Military Education Phase II, with the number designated as a Joint Qualified Officer based on their aggregated joint experiences and completion of Joint Professional Military Education Phase II.
;
by striking paragraph (5);
by amending paragraph (6) to read as follows:
The promotion rate for Joint Qualified Officers, compared with the promotion for other officers considered for promotion from within the promotion zone in the same pay grade and the same competitive category. A similar comparison will be made for officers both below the promotion zone and above the promotion zone.
;
by striking paragraphs (7), (8), and (9);
in paragraph (10),
by striking selection for the joint specialty
and inserting
designation as a Joint Qualified Officer
;
by striking paragraph (13); and
by amending paragraph (16) to read as follows:
The number of officers, captain (or in the case of the Navy, lieutenant) and above, certified at each level of joint qualification as established in regulation and policy by the Secretary of Defense with the advice of the Chairman of the Joint Chiefs of Staff. Such numbers shall be reported by service and grade of the officer.
.
Increased tenure for lieutenant generals
Section 14508 of title 10, United States Code, is amended—
by redesignating subsections (c), (d), and (e) as subsections (d), (e) and (g), respectively; and
by inserting after subsection (b) the following new subsection (c):
Thirty-eight years of service for lieutenant generals and vice admirals
Unless retired, Retired Reserve, or discharged at an earlier date, each Reserve officer of the Army, Air Force, or Marine Corps in the grade of lieutenant general, and each Reserve officer of the Navy in the grade of vice admiral shall be separated in accordance with section 14514 of this title on the later of the following:
30 days after completion of 38 years of commissioned service; or
the fifth anniversary of the date of the officer’s appointment in the grade of lieutenant general or vice admiral.
; and
by inserting after subsection (e) the following new subsection (f):
Retention of lieutenant generals
A Reserve officer of the Army or Air Force in the grade of lieutenant general who would otherwise be removed from an active status under subsection (b) may in the discretion of the Secretary of the Army or the Secretary of the Air Force, as the case may be, be retained in an active status, but not later than the date on which the officer becomes 66 years of age.
.
Reserve Component Matters
Extension of retention on the Reserve active status list of military technicians (dual status) until age 60
Section
10216(f) of title 10, United States Code, is amended by striking of the
Army
and inserting concerned
.
Increase age limitation of Reserve component chaplains and medical officers beyond age 64
Reserve chaplains and medical officers
Section 14703(b) of title 10,
United States Code, is amended by striking 67 years
and
inserting 68 years
.
National guard chaplains and medical officers
Section 324(a) of title 32, United States Code, is amended—
by striking
or
at the end of paragraph (1);
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following new paragraph (2):
in the case of a chaplain or medical officer, he becomes 68 years of age; or,
.
Conforming amendments to increase the mandatory retirement age for Reserve officers
Selective service and United States property and fiscal officers
Section
12647 of title 10, United States Code, is amended by striking 60
years
and inserting 62 years
.
Retention of Reserve Officers
Increased age
Section 14702(b) of such title is amended by striking
60 years
and inserting 62 years
.
Conforming amendments
The heading for
such section is amended by striking 60
and inserting
62
.
The heading for
subsection (b) of such section is amended by striking 60
and
inserting 62
.
Clerical amendment
The table of sections at the beginning of chapter 1409 of such title is amended by striking the item relating to section 14702 and inserting the following new item:
14702. Retention on Reserve active-status list of certain officers until age 62.
.
Authority to require the uniform by military technicians (dual status)
Section 10216(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
Under regulations prescribed by the Secretary concerned, the Secretary may require a military technician (dual status), while performing duties as a military technician (dual status), to wear the uniform appropriate for the member's grade and component of the Armed Forces.
.
National Guard officers in Federal and federally funded State status
Section 325 of title 32, United States Code, is amended—
in subsection
(a)(2), by striking in command of a National Guard unit
;
by redesignating subsection (b) as subsection (d); and
by inserting after subsection (a) the following new subsections:
Advance authorization and consent
The President and Governor of the State or Territory or Puerto Rico, or the commanding general of the District of Columbia National Guard, as the case may be, respectively, may give the authorization and consent required by subsection (a)(2), in advance, for the purpose of establishing the succession of command of a unit.
National guard duties
An officer who is not relieved from duty in the National Guard while serving on active duty pursuant to subsection (a)(2) may perform any duty authorized to be performed by the laws of his State or Territory, Puerto Rico, or the District of Columbia, as the case may be, by the National Guard without regard to the limitations imposed by section 1385 of title 18, provided the officer is exercising those duties in his status as a member of the National Guard and not in his status as a member of the National Guard of the United States.
.
Clarification of authority to consider for a vacancy promotion National Guard officers ordered to active duty during a contingency operation
Section 14317 of title 10, United States Code, is amended—
in subsection (d),
by inserting before the period at the end of the first sentence the following:
, or the officer has been ordered to or is serving on active duty in
support of a contingency operation
; and
in subsection
(e)(1)(B), by inserting , or by examination for Federal recognition
under title 32
after title
.
Education and Training
Awarding of Master of Arts in Strategic Security Studies
In general
Section 2163 of title 10, United States Code, is amended—
by striking the heading and inserting the following:
National Defense University: master's degree programs
;
in subsection (a),
by inserting or master of arts
after science
;
and
in subsection (b), by adding at the end the following new paragraph:
Master of arts in strategic security studies
The degree of master of arts in strategic security studies, to graduates of the University who fulfill the requirements of the program at the School for National Security Executive Education.
.
Clerical amendment
The table of sections at the beginning of chapter 108 of such title is amended by striking the item relating to section 2163 and inserting the following new item:
2163. National Defense University: master's degree programs.
.
Applicability to 2006–2008 graduates
Paragraph (4) of section 2163(b) of title 10, United States Code, as added by subsection (a) of this section, shall apply to any person who becomes a graduate on or after September 6, 2006.
Tuition reimbursement and use of funds at the United States Air Force Institute of Technology
Section 9314(c) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
To cover the costs of their attendance, the Air Force Institute of Technology shall charge tuition for students who are not—
members of the Armed Forces under paragraphs (1) through (3); nor
attending the Institute under Department of the Air Force sponsorship.
The students covered by subparagraph (A) include civilian employees from military departments other than the Air Force, other Department of Defense agencies, other Federal agencies, and private (non-governmental) entities.
Amounts received by the Institute for instruction of students enrolled under this section shall be retained by the Institute to defray the costs of such instruction. The source and disposition of such funds shall be specifically identified in the records of the Institute.
.
Expanded authority to award degrees
United states Army war college
The text of section 4321 of title 10, United States Code, is amended to read as follows:
Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army War College may, upon recommendation of the faculty of the college, confer appropriate degrees upon graduates of the college who meet the degree requirements consistent with the recommendations of the United States Department of Education and principles of the regional accrediting body.
.
The heading for such section is
amended by striking : master of strategic
studies degree
.
The table of sections at the beginning of chapter 401 of such title is amended by striking the item relating to section 4321 and inserting the following new item:
4321. United States Army War College.
.
United states Army command and general staff college
The text of section 4314 of such title is amended to read as follows:
Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army Command and General Staff College may, upon recommendation of the faculty of the college, confer appropriate degrees upon graduates of the college who meet the degree requirements consistent with the recommendations of the United States Department of Education and principles of the regional accrediting body.
.
Marine corps university
Section 7102 of such title is amended—
by striking subsections (a), (b), (c), and (d) and inserting the following new subsection (a):
Authority
Under regulations prescribed by the Secretary of the Navy, the President of the Marine Corps University may, upon recommendation of the faculty of a school or college of Marine Corps University, confer appropriate degrees upon graduates of the school or college who meet the degree requirements consistent with the recommendations of the United States Department of Education and principles of the regional accrediting body.
;
by redesignating subsection (e) as subsection (b); and
by striking masters degrees
in the heading and
inserting authority
.
The table of sections at the beginning of chapter 401 of such title is amended by striking the item relating to section 7102 and inserting the following new title:
7102. Marine Corps University: authority; board of advisors.
.
United states air force institute of technology
Section 9314(a) of such title is amended to read as follows:
Authority
Under regulations prescribed by the Secretary of the Air Force, the Commander of Air University may, upon recommendation of the faculty of the United States Air Force Institute of Technology, confer appropriate degrees upon graduates of those programs who meet the degree requirements consistent with the recommendations of the United States Department of Education and principles of the regional accrediting body.
.
Air university
The text of section 9317 of such title is amended to read as follows:
Under regulations prescribed by the Secretary of the Air Force, the Commander of Air University may, upon recommendation of the faculty of the Air Force programs, confer appropriate degrees upon graduates of those programs who meet the degree requirements consistent with the recommendations of the United States Department of Education and principles of the regional accrediting body.
.
Authority to prescribe authorized strength for the United States Naval Academy
Section 6954 of title 10, United States Code, is amended—
in subsection (a)—
by striking
4,000 or such higher number
and inserting 4,400 or such
lower number
;
by striking
under subsection (h)
; and
by striking
limitation
and inserting prescription
; and
by striking subsection (h).
General Service Authorities
Change in requirement for posthumous certification
Posthumous commissions
Section 1521 of title 10, United States Code, is amended—
in subsection (a),
by striking in line of duty
each place it appears; and
by adding at the end the following new subsection:
A commission issued under subsection (a) shall require certification by the Secretary of the military department concerned that at the time of death the member was qualified for appointment to the next higher grade.
.
Posthumous warrants
Section 1522(a) of such title is amended—
by striking
in line of duty
; and
by
adding at the end the following new sentence: Warrants issued under this
subsection shall require a finding by the Secretary of the military department
concerned that at the time of death the member was qualified for appointment to
the next higher grade.
.
Raise maximum reenlistment term
In general
Section 505(d) of title 10, United States Code, is amended—
in paragraph (2),
by striking six
and inserting eight
; and
in paragraph
(3)(A), by striking six
and inserting
eight
.
Conforming amendment
Section 308(a)(2)(ii) of title 37, United States Code,
is amended by striking six
and inserting
eight
.
Other Matters
Civil liability for noncompliance and enforcement of Servicemembers Civil Relief Act
General civil liability and enforcement
The Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by adding at the end the following new title:
CIVIL LIABILITY FOR NONCOMPLIANCE AND ENFORCEMENT
Enforcement by the Attorney General
Enforcement by Attorney General
The Attorney General may commence a civil action in any appropriate United States District Court whenever the Attorney General has reasonable cause to believe that—
any person or group of persons is engaged in, or has engaged in, a pattern or practice of conduct in violation of any provision of this Act; or
any person or group of persons is denying, or has denied, any person or group of persons any protection afforded by any provision of this Act, and such denial raises an issue of general public importance.
Relief which may be granted in civil actions
In a civil action under subsection (a), the court may—
enter any temporary restraining order, temporary or permanent injunction, or other order as may be appropriate;
award monetary damages to a servicemember, dependent, or other person protected by any provision of this Act who is harmed by the failure to comply with any provision of this Act, including actual and punitive damages; and
to vindicate the public interest, assess a civil penalty against each defendant—
in an amount not exceeding $55,000 for a first violation; and
in an amount not exceeding $110,000 for any subsequent violation.
Intervention in civil actions
Upon timely application, a servicemember, dependent, or other person protected by any provision of this Act may intervene in a civil action commenced by the Attorney General which involves an alleged violation of this Act with respect to which such person claims to be harmed. The court may grant to any such intervening party such appropriate relief as is authorized under subsection (b)(1) or (b)(2). The court may, in its discretion, allow an intervening party who is a prevailing party reasonable attorney’s fees and costs.
.
Clerical amendment
The table of contents in section 1(b) of the Servicemembers Civil Relief Act is amended by adding at the end the following:
TITLE VIII—CIVIL LIABILITY FOR NONCOMPLIANCE AND ENFORCEMENT
Sec. 801. Enforcement by the Attorney General.
.
COMPENSATION AND OTHER PERSONNEL BENEFITS
Bonuses and Special and Incentive Pays
One-year extension of certain bonus and special pays for Reserve forces
Special pay for health professionals in critically short wartime specialties
Section 302g(e) of title 37, United States Code, is
amended by striking December 31, 2008
and inserting
December 31, 2009
.
Selected reserve reenlistment bonus
Section 308b(g) of such title is amended by
striking December 31, 2008
and inserting December 31,
2009
.
Selected reserve affiliation or enlistment bonus
Section 308c(i) of such title is
amended by striking December 31, 2008
and inserting
December 31, 2009
.
Special pay for enlisted members assigned to certain high priority units
Section
308d(c) of such title is amended by striking December 31, 2008
and inserting December 31, 2009
.
Ready reserve non-prior service enlistment bonus
Section 308g(f)(2) of such
title is amended by striking December 31, 2008
and inserting
December 31, 2009
.
Ready reserve enlistment and reenlistment bonus
Section 308h(e) of such title
is amended by striking December 31, 2008
and inserting
December 31, 2009
.
Prior service reenlistment bonus
Section 308i(f) of such title is amended by
striking December 31, 2008
and inserting December 31,
2009
.
Repayment of education loans for certain health professionals who serve in the selected reserve
Section 16302(d) of title 10, United States Code, is
amended by striking January 1, 2009
and inserting January
1, 2010
.
One-year extension of certain bonus and special pay authorities for certain health care professionals
Nurse officer candidate accession program
Section 2130a(a)(1) of title 10,
United States Code, is amended by striking December 31, 2008
and
inserting December 31, 2009
.
Accession bonus for registered nurses
Section 302d(a)(1) of title 37, United
States Code, is amended by striking December 31, 2008
and
inserting December 31, 2009
.
Incentive special pay for nurse anesthetists
Section 302e(a)(1) of such
title is amended by striking December 31, 2008
and inserting
December 31, 2009
.
Accession bonus for dental officers
Section 302h(a)(1) of such title is amended
by striking December 31, 2008
and inserting December 31,
2009
.
Accession bonus for pharmacy officers
Section 302j(a) of such title is amended by
striking December 31, 2008
and inserting December 31,
2009
.
Accession bonus for medical officers in critically short wartime specialties
Section 302k(f) of such title is amended by striking
December 31, 2008
and inserting December 31,
2009
.
Accession bonus for dental specialist officers in critically short wartime specialties
Section 302l(g) of such title is amended by striking
December 31, 2008
and inserting December 31,
2009
.
One-year extension of special pay and bonus authorities for nuclear officers
Special pay for nuclear-qualified officers extending period of active service
Section 312(f) of title 37, United States Code, is
amended by striking December 31, 2008
and inserting
December 31, 2009
.
Nuclear career accession bonus
Section 312b(c) of such title is amended by
striking December 31, 2008
and inserting December 31,
2009
.
Nuclear career annual incentive bonus
Section 312c(d) of such title is amended
by striking December 31, 2008
and inserting December 31,
2009
.
Direct accession bonus for psychology officers
In general
Chapter 5 of title 37, United States Code, is amended by inserting after section 302l the following new section:
Special pay: accession bonus for psychology officers
Accession bonus authorized
A person who is a fully licensed psychologist and who executes a written agreement described in subsection (d) to accept a commission as an officer of the Armed Forces and remain on active duty for a period of not less than four consecutive years may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus in the amount determined by the Secretary concerned.
Amount of bonus
The amount of an accession bonus under subsection (a) may not exceed $70,000.
Limitation on eligibility for bonus
A person may not be paid a bonus under subsection (a) if—
the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in psychology; or
the Secretary concerned determines that the person is not qualified to become and remain certified as a psychologist.
Agreement
The agreement referred to in subsection (a) shall provide that, consistent with the needs of the armed force concerned, the person executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of the Medical Service Corps of the Army or the Navy or as an officer of the Air Force designated as a biomedical sciences officer.
Repayment
A person who, after executing an agreement under subsection (a), is not commissioned as an officer of the Armed Forces, does not become licensed as a psychologist, or does not complete the period of active duty in a specialty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 302l the following new item:
302m. Special pay: accession bonus for psychology officers.
.
Extending maximum length of nuclear officer incentive pay agreements for service
Section 312(a)(3) of
title 37, United States Code, is amended by striking three, four, or
five
and inserting not less than three
.
Travel and Transportation Allowances
Travel and transportation allowances for certain family members and the person designated to direct the disposition of the deceased’s remains to attend the burial ceremony or memorial service of members who die on duty
Unconditional eligibility of minor siblings
Section 411f(c)(1) of title 37, United States Code, is amended by adding at the end the following new subparagraph:
Any unmarried brother or sister of the deceased member who is under 21 years of age, or if age 21 or more a dependent child of the parent or parents of the deceased member, as determined under regulations prescribed under subsection (f).
.
Unconditional eligibility of person directing disposition of remains
Subsection (a) of such section is amended by adding at the end the following new paragraph:
The person who directs the disposition of the remains of the deceased member under section 1482(c) of title 10, or, in the case of a deceased member whose remains are commingled and buried in a common grave in a national cemetery, the person who would have been designated under such section to direct the disposition of the remains if individual identification had been made.
; and
Conforming amendment
Subsection (c)(2)
of such section is amended by striking to—
and all that follows
through (B)
and inserting to up to two additional persons
closely related to the deceased member who are selected by the person referred
to under subsection (a)(3)
.
Retired Pay and Survivor Benefits
Waiver of recoupment of overpayments of retired pay to spouse or former spouse as a result of retroactive disability determination
Section 2774 of title 10, United States Code, is amended by adding at the end the following new subsection:
The Director of the Office of Management and Budget or the Secretary concerned, as the case may be, shall waive any claim for overpayment against a spouse or former spouse of a member if—
the payment was disposable retired pay that, pursuant to section 1408 of this title, a court treated as property for the purpose of issuing a final decree of divorce, dissolution, annulment, or legal separation, including a court ordered, ratified, or approved property settlement incident to such decree; and
the claim for overpayment is attributable to a determination of entitlement to disability compensation under title 38.
In this section:
The term court has the meaning given such term in section 1408(a)(1) of this title.
The term disposable retired pay has the meaning given such term in section 1408(a)(4) of this title.
The term final decree has the meaning given such term in section 1408(a)(3) of this title.
The term member has the meaning given such term in section 1408(a)(5) of this title.
The term spouse or former spouse has the meaning given such term in section 1408(a)(6) of this title.
.
Survivor Benefit Plan: extension of period for election deemed to have been made
In general
Section 1450(f)(3)(C) of title 10, United States Code, is
amended by striking one year
and inserting five
years
.
Effective date
The amendment made by this section shall apply with respect to divorces, dissolutions, annulments, or legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.
Survivor Benefit Plan: multiple beneficiaries
Permit spouse and former spouse coverage
Section 1448(b)(2) of title 10, United States Code, is amended—
in subparagraph (B)—
by striking
prevents payment
and inserting reduces the
amount
; and
by striking
including payment
and inserting including the amount of
an annuity
; and
in
subparagraph (C), by striking which former spouse is to be provided the
annuity
and inserting the base amount applicable in determining
the amount of the annuity of each former spouse
.
Permit spouse and former spouse annuities
Section 1450(a)(1) of such title is amended to read as follows:
Surviving spouse and former spouse(s)
The eligible surviving spouse and every eligible former spouse.
.
Permit reductions in retired pay in the case of multiple beneficiaries
Section 1452 of such title is amended by adding at the end the following new subsection:
Reductions in retired pay in the case of multiple beneficiaries
When a participant in the Plan has elected to provide an annuity to a spouse and to one or more former spouses, reductions in retired pay required by subsection (a) shall be made for each annuity elected, in an amount based on the base amount applicable to each annuity. In the case of a reduction in retired pay to provide an annuity to a former spouse to whom payment of a portion of a member’s retired pay is being made pursuant to a court order under section 1408 of this title, such reduction in retired pay shall be deducted from the amounts paid to such member, to such former spouse, or both, as provided by court order or by agreement of the parties.
.
Effective date
The amendments made by subsections (a), (b), and (c) apply with respect to elections made on or after the date of enactment of this Act. Any election to provide an annuity to a spouse or former spouse who was prevented from being a beneficiary under the laws in effect before the date of enactment of this Act shall be made within 180 days following the date of enactment of this Act.
Coverage for survivors of retirement-eligible members who die on active duty
Section 1448(d) of such title is amended—
in paragraph (3), by striking
the Secretary—(A) may not pay an annuity under paragraph (1) or (2); but
(B)
and inserting the Secretary
; and
by amending paragraph (5) to read as follows:
Computation
The amount of an annuity payable to a former spouse pursuant to paragraph (3) shall be computed on the basis of a base amount equal to the amount of retired pay that, under the authority of section 1408(c) of this title, is treated under a court order or spousal agreement as the property of such former spouse.
The amount of an annuity payable under paragraph (1) or (2) shall be computed under section 1451(c) of this title; however, the retired pay otherwise applicable with respect to such computation shall be reduced by an amount equal to the base amount that provides the basis for computing the amount of an annuity payable to a former spouse under paragraph (3) of this subsection.
.
Effective date
The amendments made by paragraph (1) shall apply with respect to survivors of retirement-eligible members who die on active duty on or after the date of enactment of this Act.
Coverage for survivors of persons dying when eligible To elect reserve component annuity
Section 1448(f) of such title is amended—
by striking the Secretary—(A)
may not pay an annuity under paragraph (1) or (2); but (B)
and
inserting the Secretary
; and
by amending paragraph (4) to read as follows:
Computation
The amount of an annuity payable to a former spouse pursuant to paragraph (3) shall be computed on the basis of a base amount equal to the amount of retired pay that, under the authority of section 1408(c) of this title, is treated under a court order or spousal agreement as the property of such former spouse.
The amount of an annuity payable under paragraph (1) or (2) shall be computed under section 1451(c) of this title; however, the retired pay otherwise applicable with respect to such computation shall be reduced by an amount equal to the base amount that provides the basis for computing the amount of an annuity payable to a former spouse under paragraph (3) of this subsection.
.
Effective date
The amendments made by paragraph (1) shall apply with respect to survivors of persons eligible to elect reserve component annuity retirement-eligible members who die on or after the date of enactment of this Act.
Survivor Benefit Plan: financial responsibility for Survivor Benefit Plan participation
Spouse and former spouse annuities
Section 1452(a) of title 10, United States Code, is amended—
in
paragraph (1), by inserting paragraph (6) of this subsection or
after Except as provided in
; and
by adding at the end the following new paragraph:
Court order
If a court order requires the former spouse to pay all or a part of the costs associated with providing an annuity to the former spouse, the participant’s retired pay shall not be reduced by the portion that the former spouse is required to pay. The portion of Plan costs that a former spouse is required to pay pursuant to a Court order under this paragraph must either be paid by direct remittance or as a deduction from the former spouse’s share of the member’s retired pay that is received by direct payment pursuant to section 1408 of this title.
.
Effective date
The amendment made by this section shall apply with respect to divorces, dissolutions, annulments, or legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.
Survivor Benefit Plan: presumptive proportionate share
Presumptive base amount for former spouse
Section 1447(6) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
Presumptive proportionate amount for former spouse
In the case of an annuity provided under the Plan for a former spouse, unless otherwise agreed to by the member and former spouse or ordered by a court, such term means any amount of monthly retired pay, which is not less than $300, payable to such former spouse as a result of a court treating disposable retired pay of a member as the property of the member and his spouse under the authority of section 1408(c).
.
Effective date
The amendments made by this section shall apply with respect to divorces, dissolutions, annulments, and legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.
Revocation of ten-year rule for direct payment of retired pay
Revocation of ten-year rule
Section 1408(d) of title 10, United States Code, is amended—
by striking paragraph (2); and
by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively.
Effective date
The amendments made by this section shall take effect on the first day of the first month which begins more than 120 days after the date of enactment of this Act and shall apply only to payments of retired pay for periods beginning on or after the effective date of this section in the case of any former spouse of a member or former member of the uniformed services.
Allowing member to submit application for direct payment
Permit application for direct payment by member
Section 1408(d) of title
10, United States Code, is amended in the first sentence of paragraph (1) by
inserting by a member or former member or the spouse or former spouse of
such member
after the Secretary concerned
.
Conditions for direct payment
Section 1408(d) of such title is further amended by adding at the end the following new paragraph:
A former spouse who accepts payment shall be deemed—
to have consented and agreed to the recovery of any future overpayments, including recovery by involuntary collection from the former spouse or his or her estate; and
to have agreed to give prompt notice in writing to the Secretary if—
the operative court order upon which payment is based is vacated, modified, or set aside;
the former spouse remarries, if all or a part of the payment is for alimony; or
the former spouse is ineligible for child support payments due to the death, emancipation, adoption, or attainment of majority of a child whose support is provided through direct payment to a former spouse from retired pay.
.
Effective date
The amendments made by this section shall apply to applications for direct payment of retired pay submitted to the Secretary concerned after the end of the 90-day period beginning on the date of enactment of this Act.
Disregard periods of confinement for dependent victims of abuse
Disregard periods of confinement for dependent victims of abuse
Paragraph
(2)(A) of section 1408(h) of title 10, United States Code, is amended by
inserting (including any periods of confinement served prior to
convening authority action on the record of trial related to the misconduct
that resulted in the termination of eligibility to receive retired pay)
after on the basis of years of service
.
Effective date
The amendment made by subsection (a) shall be effective as of October 23, 1992, as if included in section 1408(h) of title 10, United States Code, as enacted by section 653(a)(2) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484).
Clarifying amendment regarding jurisdiction for purposes of allocation of retired pay under the Uniformed Services Former Spouse Protection Act
Section 1408(c) of title 10, United States Code, is amended by striking paragraph (4).
Division of retired pay to be based on member’s length of service and pay grade at time of divorce
In general
Section 1408(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:
In the case of a
member as to whom a decree of divorce, dissolution, annulment, or legal
separation becomes final before the date on which the member begins to receive
retired pay, the total monthly retired pay to which a member is entitled, for
purposes of determining disposable retired pay
, as defined in
paragraph (4) of subsection (a), that a court may treat in the manner described
in paragraph (1), shall be limited to retired pay computed based on the pay
grade, and the length of service of the member while married, that are
creditable toward entitlement to basic pay and to retired pay as of the date a
marital property interest in retired pay terminates. Amounts so calculated
shall be increased by the cumulative percentage of increases in basic pay and
retired pay between the date a marital property interest in retired pay
terminates and the effective date of the member’s retirement. Upon request and
pursuant to regulations, the Secretary concerned shall calculate disposable
retired pay described in this
paragraph.
.
Effective date
The amendment made by subsection (a) shall apply with respect to divorces, dissolutions, annulments, and legal separations that become effective after the end of the 90-day period beginning on the date of enactment of this Act.
Increases for divisions of retired pay expressed as a dollar amount
Monetary amount adjustment
Section 1408(a)(2)(C) of title 10, United States Code,
is amended by striking expressed in dollars
and inserting
expressed as a specific dollar amount, with such amount, if so ordered,
being adjusted in the same manner and at the same time as retired pay is
adjusted to reflect changes in the Consumer Price Index under section 1401a of
this title,
.
Effective date
The amendment made by subsection (a) shall apply with respect to court orders that become effective after the end of the 90-day period beginning on the date of enactment of this Act.
Prohibit court-ordered payments before retirement based on imputation of retired pay
Authority
Section 1408(c)(3) of title 10, United States Code, is amended—
by inserting
(A)
after (3)
; and
by adding at the end the following new subparagraph:
A court may not order a member to make payments based upon an imputation of a property interest in future retired pay of any kind to a spouse or former spouse before the date of the member’s actual retirement.
.
Effective date
The amendments made by subsection (a) shall apply to final court orders or court orders seeking enforcement of prior final decrees issued on or after the date of the enactment of this Act.
Allow member to waive notice and provide court order upon request
Allow member To waive notice and provide court order upon request
Section 1408(g) of title 10, United States Code, is amended—
by striking
A person
and inserting Unless notice is waived by the
member, a person
; and
by striking
(together with a copy of such order)
and inserting and,
upon request, a copy of such order
.
Effective date
The amendments made by this section shall apply to court orders received by the Secretary concerned after the end of the 90-day period beginning on the date of enactment of this Act.
Lump sum payments to former spouses of members of the uniformed services
Authority for lump sum payment in general
In general
Chapter 74 of title 10, United States Code, is amended by adding at the end the following new section:
Lump sum payments for certain amounts payable to former spouse
If the present value of a periodic amount described in subsection (b) payable to a former spouse does not exceed $5,000, the Secretary concerned shall pay, in a lump sum, an amount equal to such present value to the former spouse eligible for such benefit.
A periodic amount described in this subsection means:
An annuity under the Survivor Benefit Plan (subchapter II of chapter 73 of this title).
Payment of retired pay pursuant to a court order resulting from the treatment by the court under section 1408(c) of this title of disposable retired pay of a member of the uniformed services as the property of the member and his spouse.
With the consent of the former spouse, the Secretary concerned may pay, in a lump sum, an amount equal to the present value of a periodic amount described in subsection (b) in excess of $5,000.
Payment of a lump sum under subsection (a) or (c) of this section shall constitute full payment of the amounts described in subsection (b) to the former spouse.
For purposes of this section, the term present value means the present value calculated by using the mortality table, interest rate, and actuarial assumptions pursuant to regulations prescribed by the Secretary of Defense.
If a former spouse eligible for a payment under subsection (b) or (c) of this section elects to have all or a portion of such payment paid directly to an eligible retirement plan, and specifies the eligible retirement plan to which such payment is to be paid (in such form and at such time as the Secretary concerned may prescribe), such payment shall be made in the form of a transfer by the Secretary concerned to the trustee of the eligible retirement plan so specified. For purposes of the preceding sentence, the term eligible retirement plan has the same meaning as eligible retirement plan for purposes of section 414(v)(2)(B) of the Internal Revenue Code of 1986 (26 U.S.C. 414(v)(2)(B)).
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
1468. Lump sum payments for certain amounts payable to former spouse.
.
Rollover treatment for lump sum payments paid to former spouses of members of the uniformed services
Section 414 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following new subsection:
Lump sum payments to former spouses of members of the uniformed services
Eligible for rollover treatment
For purposes of this part including section 408, relating to individual retirement accounts, any amount of a lump sum payment paid to an individual under the authority of section 1468 of title 10, United States Code, shall be considered an amount paid out of an individual retirement account to the individual for whose benefit the account is maintained and eligible for rollover treatment under section 402(c)(6).
Transfer by secretary concerned to trustee
Any amount of lump sum payment transferred by the Secretary concerned to a trustee of an eligible retirement plan in accordance with section 1468 of title 10, United States Code, shall be treated as an amount transferred in a direct trustee-to-trustee transfer in accordance with section 401(a)(31) and, as a result, shall not be includible in gross income for the taxable year of such transfer. For purposes of this paragraph, the term eligible retirement plan has the meaning given such term by section 401(a)(31)(D).
.
Other Matters
Permanent retention of eligibility for the earned income tax credit by servicemembers deployed to a combat zone
Section 32(c)(2)(B)(vi) of the Internal Revenue Code of 1986 (relating to the definition of earned income) is amended to read as follows:
the earned income of a member of the Armed Forces of the United States shall include wages that are excluded from taxation by application of section 112.
.
Exclusion from gross incomes of adjustments to the family separation allowance
Section 134(b)(3) of the Internal Revenue Code of 1986 (relating to the exclusion of qualified military benefits from gross income) is amended—
in subparagraph
(A), by striking subparagraphs (B) and (C)
and inserting
subparagraphs (B), (C), and (D)
; and
by adding at the end the following new subparagraph:
Exception for family separation allowance adjustments made by law
Subparagraph (A) shall not apply to any adjustment to the amount of Family Separation Allowance payable under section 427 of title 37, United States Code, which is made pursuant to a provision of law enacted after September 9, 1986.
.
Family pet shipment during evacuation of non-essential personnel
Section 406(b)(1) of title 37, United States Code, is amended by adding at the end the following new subparagraph:
Except as provided in paragraph (2), in connection with an evacuation from a permanent station located in a foreign area, a member is entitled to transportation of no more than two family household pets (to include shipment and the payment of quarantine costs, if any). Alternatively, the member may be paid reimbursement or a monetary allowance under subparagraph (F) if other commercial transportation means have been used. Exotic pets, endangered species, horses or livestock, or large pets weighing in excess of 150 pounds are not authorized.
.
HEALTH CARE PROVISIONS
TRICARE Program Improvements
Revising TRICARE program cost sharing amounts
Authority
Section 1086(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
Notwithstanding paragraphs (1) through (4), the Secretary of Defense shall promulgate regulations to revise the requirements for payments by beneficiaries under this subsection in order to reflect increases in health care costs. Such requirements, which may include a revised deductible amount, an enrollment fee, and future indexing, need not be uniform for all such beneficiaries. Any such enrollment fee may be a condition of eligibility for health care benefits under chapter 55 of this title.
.
Implementation
The Secretary of Defense shall promulgate the regulations required by section 1086(b)(5) of title 10, United States Code, as added by subsection (a), after first considering the recommendations of the Task Force on the Future of Military Health Care regarding the beneficiary and Government cost sharing structure required to sustain military health benefits over the long term, as required by subsection (c)(3)(H) of section 711 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2083). The regulations shall become effective not later than 90 days after the date of enactment of this Act. The Secretary shall submit the regulations, and a report describing the rationale for the changes promulgated, to the Committees on Armed Services of the Senate and House of Representatives at least 30 days before such regulations become effective.
Changes in payment options for TRICARE Prime
Monthly deductions
Section 1097a(c) of title 10, United States Code, is amended to read as follows:
Enrollment fee payments
The Secretary of Defense shall establish procedures for the collection of enrollment fees charged for an enrollment in TRICARE Prime to a member or former member of the uniformed services eligible for medical care under section 1074(b) of this title from the member’s retired pay, retainer pay, or equivalent pay, as the case may be. To the maximum extent practicable, the enrollment fee payable by a member entitled to such pay shall be deducted and withheld from the retired pay of the member (if pay is available to the member).
.
Charges for health care
Section 1097(e) of such title is amended by striking
shall permit such covered beneficiaries to pay, on a quarterly
basis,
and inserting may permit such covered beneficiaries whose
retired pay, retainer pay, or equivalent pay, as the case may be, is
insufficient for them to pay enrollment fees by deduction from such pay as
specified in section 1097a of this title to pay, in full at the beginning of
the enrollment period or on a quarterly basis, by check, money order, credit
card, or electronic funds transfer
.
Obstetrical travel for command-sponsored dependents of uniformed members assigned to very remote areas outside the continental United States
Section 1040 of title 10, United States Code, is amended—
in subsection (a),
by inserting , and subject to subsection (e)
after
subsection (b)
; and
by adding at the end the following new subsection:
With respect to the provision of obstetrical care, appropriate medical attention includes the availability or provision of obstetrical anesthesia equal to the services available in a Military Treatment Facility located in the United States. If these services are not available in remote areas outside the continental United States and air transportation would be needed to travel to the nearest appropriate medical facility in which adequate medical care is available, then the Secretary may authorize the beneficiary to choose to receive transportation to the continental United States and be treated at a Military Treatment Facility, that can provide appropriate obstetrical services, nearest to the closest port of entry into the continental United States. All other benefits of subsection (a) shall apply, provided that the United States shall incur no greater cost than would be incurred in connection with transportation (including per diem) to the nearest appropriate medical facility in which adequate medical care is available outside the continental United States.
.
Other Matters
Mental health evaluations of members of the Armed Forces by masters-level clinical social workers with an independent license
Section 546(g)(3) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2419), is
amended by striking doctorate
and inserting
license
.
ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Acquisition Policy and Management
Revision to the requirement for 15-day waiting period to issue solicitations after publication of synopsis
Amendment of small business act 15-day solicitation issuance delay
Section
8(e)(3)(A) of the Small Business Act (15 U.S.C. 637(e)(3)(A)) is amended by
striking 15 days
and inserting ten days
.
Amendment of the Office of Federal Procurement Policy Act 15-day solicitation issuance delay
Section 18(a)(3)(A) of the Office of Federal Procurement
Policy Act (41 U.S.C. 416(a)(3)(A)) is amended by striking 15
day
and inserting ten days
.
Repeal of Small Business Competitiveness Demonstration Program
Sections 701 through 722 of the Business Opportunity Development Reform Act of 1988 (Public Law 100–656; 15 U.S.C. 644 note), as amended, are repealed.
Amendments to General Contracting Authorities, Procedures, and Limitations
Unmanned systems
Section 941 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2083) is amended—
by amending subsection (a) to read as follows:
The Department of Defense shall develop a policy, to be applicable throughout the Department of Defense on research, development, test and evaluation, and procurement, of unmanned systems in a manner that is fiscally responsible and enhances war fighter capability.
;
in subsection (b)—
by amending paragraph (1) to read as follows:
An identification of Joint Capability Areas in which unmanned systems can potentially provide the means to address potential capability gaps.
;
by amending paragraph (2) to read as follows:
Deliberate consideration of unmanned systems as potential candidates for acquisition when a materiel solution has been deemed appropriate for satisfying a capability requirement.
; and
in paragraph (5),
by striking , including
and all that follows through
systems
; and
by amending subsection (d) to read as follows:
Roadmap
The Department of Defense shall develop and implement a roadmap that includes—
goals for the development of unmanned system technologies to address capabilities identified pursuant to subsection (b)(1); and
the establishment of programs to address technical, operational, and production challenges, and gaps in capabilities, with respect to unmanned systems.
.
Enhanced transfer of technology developed at DoD laboratories
Definitions
As used in this section—
The terms department and military department have the meaning specified at section 101 of title 10, United States Code.
The term DoD laboratory or laboratory means any facility or group of facilities that is owned, leased, operated, or otherwise used by the Department of Defense and that meets the definition of laboratory at section 3710a(d)(2), of title 15, United States Code.
Authority
The Secretary of Defense and the Secretaries of the military departments each—
may authorize the heads of DoD laboratories to grant nonexclusive, exclusive, or partially exclusive licenses, royalty free or for royalties or for rights to other intellectual property, for computer software and its related documentation developed at a DoD laboratory, provided that—
the computer software and related documentation would be a trade secret under the meaning of section 552(b)(4) of title 5, United States Code, if the information had been obtained from a non-Federal party;
the public is notified of the availability of the software and related documentation for licensing and interested parties have a fair opportunity to submit applications for licensing;
such licensing activities and licenses shall comply with the requirements under section 209 of title 35, United States Code; and
the software originally was developed to meet the military needs of the Department of Defense; and
shall provide appropriate precautions against the unauthorized disclosure of any computer software or documentation covered by paragraph (1)(A), including exemption from section 552 of title 5, United States Code, for a period of up to 5 years after the development of the computer software by the DoD laboratory.
Royalties
Except as provided in paragraph (2), any royalties or other payments received by the department from licensing computer software or documentation under subsection (b)(1) shall be retained by the department and shall be disposed of as follows:
The department shall pay each year the first $2,000, and thereafter at least 15 percent, of the royalties or other payments to be divided among the employees who developed the computer software.
The department may provide appropriate lesser incentives, from royalties or other payments, to laboratory employees who are not developers of such computer software, but who substantially increased the technical value of the software.
The department shall retain the royalties and other payments received until it makes payments to employees of a DoD laboratory under clause (i) or (ii).
The department may retain an amount reasonably necessary to pay expenses incidental to the administration and distribution of royalties or other payments under this section by an organizational unit of the department other than its laboratories.
The balance of the royalties or other payments shall be transferred by the department to its laboratories, with the majority share of the royalties or other payments going to the laboratory where the development occurred. The royalties or other payments so transferred to any DoD laboratory may be used or obligated by that laboratory during the fiscal year in which they are received or during the 2 succeeding fiscal years—
to reward scientific, engineering, and technical employees of the DoD laboratory, including developers of sensitive or classified technology, regardless of whether the technology has commercial applications;
to further scientific exchange among the laboratories of the agency;
for education and training of employees consistent with the research and development missions and objectives of the department or DoD laboratory, and for other activities that increase the potential for transfer of the technology of the laboratories;
for payment of expenses incidental to the administration and licensing of computer software or other intellectual property made at that DoD laboratory, including the fees or other costs for the services of other agencies, persons, or organizations for intellectual property management and licensing services; or
for scientific research and development consistent with the research and development missions and objectives of the DoD laboratory.
All royalties or other payments retained by the department or DoD laboratory after payments have been made pursuant to subparagraphs (A) and (B) that are unobligated and unexpended at the end of the second fiscal year succeeding the fiscal year in which the royalties and other payments were received shall be paid into the Treasury.
If, after payments under paragraph (1)(A), the balance of the royalties or other payments received by the department in any fiscal year exceed 5 percent of the funds received for use by the DoD laboratory for research, development, engineering, testing and evaluation or other related administrative, processing or value-added activities for that year, 75 percent of such excess shall be paid to the Treasury of the United States and the remaining 25 percent may be used or obligated under paragraph (1)(B). Any funds not so used or obligated shall be paid into the Treasury of the United States.
Any payment made to an employee under this section shall be in addition to the regular pay of the employee and to any other awards made to the employee, and shall not affect the entitlement of the employee to any regular pay, annuity, or award to which he is otherwise entitled or for which he is otherwise eligible or limit the amount thereof except that the monetary value of an award for the same project or effort shall be deducted from the amount otherwise available under this paragraph. Payments, determined under the terms of this paragraph and made to an employee developer as such, may continue after the developer leaves the DoD laboratory or department. Payments made under this section shall not exceed $75,000 per year to any one person unless the President approves a larger award (with the excess over $75,000 being treated as a Presidential award under section 4504 of title 5, United States Code).
Information in report
The report required by section 2515(d) of title 10, United States Code, shall include information regarding the implementation and effectiveness of this section.
Effective date and expiration
The authority provided for in this section is for a pilot program to test the effectiveness of this authority and shall expire on December 31, 2013.
Other Matters
Extension of length of contracts for renewable energy sources and associated services
Section 501(b)(1)(B) of title 40, United States Code, is amended to read as follows:
Public utility contracts
In general
A contract for public utility services may be made for a period of not more than 10 years.
Renewable energy contracts
A contract for renewable energy may be made for a period of not more than 20 years. All such contracts are to be subject to availability of annual appropriations.
Definitions
In this paragraph:
Public utility services
The term public utility services means generation, transmission, distribution, or other services directly used in providing public utility services.
Renewable energy
The term renewable energy means electric energy generated from solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency, or additional new capacity at an existing hydroelectric project, and the transmission, distribution, or other services directly used in providing electricity from renewable energy sources.
.
Modification of authority to accept financial and other incentives related to energy savings and similar new authority related to energy systems
Energy savings
Section 2913(c) of title 10, United States Code, is
amended by inserting , State or local government
after
gas or electric utility
.
Energy systems
Section 2915 of such title is amended by adding at the end the following new subsection:
Acceptance of financial incentive, financial assistance, or services
The Secretary of Defense may authorize any military installation to accept any financial incentive, financial assistance, or services generally available from a State or local government, gas or electric utility, to use or construct an energy system using solar energy or other renewable form of energy if the use or construction of the system is consistent with the energy performance goals and energy performance plan for the Department of Defense developed under section 2911 of this title.
.
Timeliness requirements on post-award bid protest jurisdiction of the Court of Federal Claims
Section 1491(b)(3) of
title 28, United States Code, is amended by adding at the end the following new
sentences: Every action under this subsection, other than those based
either upon alleged improprieties in a solicitation which are apparent prior to
bid opening or the time set for receipt of initial proposals, shall be barred
unless the action is filed no later than 10 days after the basis for the action
is known or should have been known, whichever is earlier. Excepted are actions
challenging a procurement conducted on the basis of competitive proposals under
which a debriefing is requested and, when requested, is required. In such
cases, with respect to any basis for action which is known or should have been
known either before or as a result of the debriefing, the action shall be
barred unless filed no later than 10 days after the date on which the
debriefing is held.
.
Other Matters
Applicability of the restriction on specialty metals
In general
Section 2533b(k) of title 10, United States Code, is amended to read as follows:
National security exception
Subsection (a) does not apply to procurements for which the Secretary of Defense or the Secretary of the military department concerned determines in writing that an exception is in the national security interest of the United States.
.
Conforming amendment
Subsection (a) of such section is amended by striking
(j)
and inserting (k)
.
Clarification of jurisdiction of the United States district courts to hear bid protest disputes involving maritime contracts
Section 1491 of title 28, United States Code, is amended by adding at the end the following new subsection:
Jurisdiction over
any actions described under subsection (b)(1) of this section arising out of a
maritime contract or a proposed maritime contract shall be governed by this
section, and shall not be subject to the jurisdiction of the District Courts of
the United States under the Act of March 9, 1920, commonly known as the
Suits in Admiralty Act
(41 Stat. 525; 46 U.S.C. App. 741 et
seq.), or the Act of March 3, 1925, commonly known as the Public Vessels
Act
(43 Stat. 1112; 46 U.S.C. App. 781 et
seq.).
.
Streamline jurisdiction over government contract claims, disputes and appeals arising out of maritime contracts
Section 4 of the Contract Disputes Act of 1978 (41 U.S.C. 603) is amended to read as follows:
Appeals under subsection (g) of section 8 and suits under section 10 arising out of maritime contracts shall be governed exclusively by this Act.
.
Repeal of the military system breakout list
Section 813 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1543) is repealed.
DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Department of Defense Management
Permanent authority to accept gifts to benefit members of the Armed Forces and Department of Defense employees injured or killed in line of duty and their dependents
Section 2601(b) of title 10, United States Code, is amended by striking paragraph (4).
Modification of procedures to preserve the search and rescue capabilities of the Federal Government consistent with military requirements
Section 1085 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2065) is amended—
in the matter before paragraph (1)—
by striking
capabilities at any military installation
and inserting
units at any military installation
;
by striking
equivalent
and inserting adequate
; and
by striking
by—
and inserting by one or a combination
of—
;
by striking
or
at the end of paragraph (1);
in paragraph (2)—
by inserting
, through active-duty, Reserve component, or National Guard
assets,
after directly
; and
by striking the
period at the end and inserting ; or
; and
by adding at the end the following new paragraph:
State and local government agencies in the relevant area.
.
Chemical Demilitarization Program
Chemical Demilitarization Citizens’ Advisory Commission in Colorado and Kentucky
Section 172 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2341) is amended by adding at the end the following new subsection:
Colorado and Kentucky chemical demilitarization citizens advisory commissions
Notwithstanding subsections (b), (f), and (g), and consistent with the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 1920) and the Department of Defense Appropriations Act, 2003 (Public Law 107–248; 116 Stat. 1519), responsibilities for the Chemical Demilitarization Citizens Advisory Commissions in Colorado and Kentucky will be transferred from the Secretary of the Army to the Program Manager for Assembled Chemical Weapons Alternatives. The Program Manager for Assembled Chemical Weapons Alternatives will ensure the ability to receive citizen and State concerns regarding the ongoing chemical destruction program in these States. A representative from the Office of the Assistant to the Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs will meet with these commissions not less often than twice a year. Funds appropriated for the Assembled Chemical Weapons Alternatives Program will be used for travel and associated travel cost for these Citizens’ Advisory Commissioners, when such travel is conducted at the invitation of the Department of Defense Special Assistant for Chemical and Biological Defense and Chemical Demilitarization Programs.
.
Modify the termination requirements for assistance to State and local governments under the Chemical Stockpile Emergency Preparedness Program
Subparagraph (B) of section 1412(c)(5) of the Department of Defense Authorization Act, 1986 (Public Law 99–145; 99 Stat. 748; 50 U.S.C. 1521), as amended, is further amended to read as follows:
Assistance may be provided under this paragraph until all activities associated with the close-out of grants and cooperative agreements provided pursuant to subparagraph (A) between the Federal Emergency Management Agency and State and local governments are complete, but such assistance may not be provided after 6 months from the date agent destruction operations have been completed in such jurisdiction.
.
Intelligence-Related Matters
Operational files of the Defense Intelligence Agency
Section 705 of the National Security Act of 1947 (50 U.S.C. 432c) is amended by striking subsection (g).
Prohibition on disclosure of certain geodetic products
Section 455 of title 10, United States Code, is amended by adding at the end the following new subsections:
Prohibition on disclosure of geodetic products
Any person, including any current and former government and contractor personnel, who, without authorization, knowingly distributes, transfers, or engages in the sale of any product that the Secretary of Defense has withheld from the public in accordance with subsection (b) shall be subject to the penalties and administrative actions set forth in subsection (e).
Penalties and administrative sanctions
Criminal penalties
Whoever engages in conduct constituting a violation of subsection (b) or (d) shall be imprisoned for not more than 5 years or fined as provided under title 18, or both.
Civil penalties
The Attorney General may bring a civil action in an appropriate United States district court against any person who engages in conduct constituting a violation of subsection (b) or (d). Upon proof of such conduct by a preponderance of the evidence, the person is subject to a civil penalty. An individual who engages in such conduct is subject to a civil penalty of not more than $50,000 for each violation plus twice the amount of compensation that the individual received or offered for the prohibited conduct. An organization that engages in such conduct is subject to a civil penalty of not more than $500,000 for each violation plus twice the amount of compensation that the organization received or offered for the prohibited conduct.
.
Technical changes following the redesignation of National Imagery and Mapping Agency as National Geospatial-Intelligence Agency
Technical changes to united states code
Titles 5 and 44, United States
Code, are amended by striking National Imagery and Mapping
Agency
each place it appears and inserting National
Geospatial-Intelligence Agency
.
Technical changes to other acts
Section 105(a) of the
Ethics in Government Act of 1978 (Public Law 95–521; 5 U.S.C. App. 4) is
amended by striking National Imagery and Mapping Agency
and
inserting National Geospatial-Intelligence Agency
.
Section 8(h) of the Inspector General
Act of 1978 (Public Law 95–452; 5 U.S.C. Appendix) is amended by striking
National Imagery and Mapping Agency
and inserting
National Geospatial-Intelligence Agency
.
Section 7(b)(2)(A)(i) of the Employee
Polygraph Protection Act of 1988 (Public Law 100–347; 29 U.S.C.
2006(b)(2)(A)(i)) is amended by striking National Imagery and Mapping
Agency
and inserting National Geospatial-Intelligence
Agency
.
Section 207(a)(2)(B) of the
Legislative Branch Appropriations Act, 1993 (Public Law 102–392; 44 U.S.C. 501
note), is amended by striking National Imagery and Mapping
Agency
and inserting National Geospatial-Intelligence
Agency
.
Section 201 of the Homeland Security
Act of 2002 (Public Law 107–296; 6 U.S.C. 121) is amended by striking
National Imagery and Mapping Agency
and inserting
National Geospatial-Intelligence Agency
.
GENERAL PROVISIONS
Financial Matters
Increase limitation on advance billing of working capital fund customers
Section 2208(l)(3) of title 10, United
States Code, is amended by striking $1,000,000,000
and inserting
$2,000,000,000
.
Crediting of admiralty claim receipts for damage to DoD working capital fund account property
Section 7623(b) of
title 10, United States Code, is amended by striking the last sentence and
inserting the following new sentence: Amounts received under this
section shall be covered into the Treasury as miscellaneous receipts, except
that amounts received for damage or loss to property operated and maintained
with funds from a Department of Defense working capital fund account shall be
credited to that account.
.
Licensing of intellectual property; definitions
Section 2260 of title 10, United States Code, is amended—
in subsection (a),
by inserting or the Secretary of Homeland Security
after
Secretary of Defense;
and
by amending subsection (e) to read as follows:
Definitions
In this section:
The terms trademark, service mark, certification mark, and collective mark have the meanings given such terms in section 45 of the Act of July 5, 1946 (commonly referred to as the Trademark Act of 1946; 15 U.S.C. 1127).
The term Secretary concerned means the Secretary of a military department, the Secretary of Defense, with respect to matters concerning the Defense Agencies and Defense Field Activities, and the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
.
Policy Relating to Vessels and Shipyards
Temporary waiver of the minimum aircraft carrier requirement
Section
5062(b) of title 10, United States Code, is amended by inserting after the
first sentence the following new sentence: Notwithstanding the preceding
sentence or any other provision of law, the naval combat forces of the Navy may
include less than 11 operational aircraft carriers for the period of time
between the decommissioning of the USS ENTERPRISE (CVN 65) and the
commissioning of the CVN 78.
.
Clarification of status of government rights in the designs of Department of Defense vessels, boats, craft, and components thereof
In general
Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section:
Status of Government rights in the designs of vessels, boats, craft, and components thereof
Notwithstanding any other provision of law, Government rights in the design of a vessel, boat, or craft, and its components, including the hull, decks, superstructure, and all shipboard equipment and systems, shall be determined solely by operation of section 2320 of this title or by the instrument under which the design was developed for the Government.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
7317. Status of Government rights in the designs of vessels, boats, craft, and components thereof.
.
Counter-Drug Activities
Expansion and extension of authority to provide additional support for counter-drug activities of certain foreign governments
Extension of authority
Paragraph (2) of subsection (a) of section 1033 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111
Stat. 1881), as amended by section 1021 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108–136, 117 Stat. 1593) and section 1022
of the National Defense Authorization Act for Fiscal Year 2007 (Public Law
109–364; 120 Stat. 2137), is amended by striking 2008
and
inserting 2011
.
Additional governments eligible To receive support
Subsection (b) of such section is amended by adding at the end the following new paragraphs:
The Government of Niger.
The Government of Mauritania.
The Government of Mali.
The Government of Chad.
The Government of Indonesia.
The Government of Philippines.
The Government of Honduras.
The Government of Nicaragua.
The Government of El Salvador.
.
Types of support
Subsection (c)(2) of such section is amended by striking
, subject to section 484(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291c(a)),
.
Maximum annual amount of support
Subsection (e)(2) of such section is amended
by striking
$60,000,000
and inserting $80,000,000
; and
by striking
or $60,000,000 during either of the fiscal years 2007 and 2008
and inserting $80,000,000 during years 2008 through 2011
.
Matters Related to Homeland Security
Reserve support for responses to certain emergencies
Section 12304(b) of title 10, United States Code, is amended—
by striking
or
at the end of paragraph (1);
by striking the
period at the end of paragraph (2) and inserting ; or
;
and
by adding at the end the following new paragraph:
in the case of the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, and the Coast Guard Reserve, a major disaster or emergency as those terms are defined in section 5122 of title 42.
.
Reserve support to major public emergencies
Section 333 of title 10, United States Code,
is amended by inserting and order to active duty units or members of the
Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, and Coast
Guard Reserve,
after Federal service,
.
Reserve support to enforcement of Federal authority
Section 332 of title 10, United States Code,
is amended by inserting order to active duty units or members of the
Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, and Coast
Guard Reserve,
after militia of any State,
.
Reserve support to Federal aid for State Governments
Section 331 of title 10, United States Code,
is amended by inserting order to active duty units or members of the
Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, and Coast
Guard Reserve,
after requested by that State,
.
Procurement of equipment by State and local governments
In general
Section 381 of title 10, United States Code, is amended—
in subsection (a)(1)—
in the matter preceding subparagraph (A)—
by
striking law enforcement
; and
by
inserting , homeland security, counter-terrorism, and emergency
response
after counter-drug
;
in subparagraph (A)—
in
the matter preceding clause (i), by inserting , homeland security,
counter-terrorism, and emergency response
after
counter-drug
; and
in
clause (i), by striking law enforcement
;
in subparagraph
(C), by striking law enforcement
each place it appears;
and
in subparagraph
(D), by striking law enforcement
;
in subsection (c)—
by striking
law enforcement
; and
by inserting
, homeland security, counter-terrorism, and emergency response
after counter-drug
; and
in subsection (d)—
in paragraph (2),
by inserting or emergency response
after law
enforcement
both places it appears; and
in paragraph (3)—
by
striking law enforcement
;
by
inserting , homeland security, counter-terrorism, and emergency
response
after counter-drug
; and
by
inserting and, in the case of homeland security, may not include any
equipment that is not found on the Authorized Equipment List as published by
the Department of Homeland Security
after
purposes
.
Clerical amendments
The heading of such section is amended to read as follows:
Procurement by State and local governments of equipment suitable for counter-drug, homeland security, counter-terrorism, and emergency response activities through the Department of Defense
.
The table of sections at the beginning of chapter 18 of such title is amended by striking the item relating to section 381 and inserting the following new item:
381. Procurement by State and local governments of equipment suitable for counter-drug, homeland security, counter-terrorism, and emergency response activities through the Department of Defense.
.
Confidential business and homeland security information sharing
In general
Section 130d of title 10, United States Code, is amended to read as follows:
Treatment under the Freedom of Information Act of confidential business information and homeland security information shared with State and local personnel
The sharing of confidential business information or homeland security information, pursuant to section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482), by any Federal agency, with State and local personnel (as defined in such section) shall not be considered release of such information to the public, and shall not constitute a waiver of any applicable exemption to the release of such information under section 552 of title 5.
.
Clerical amendment
The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 130d and inserting the following new item:
130d. Treatment under the Freedom of Information Act of confidential business information and homeland security information shared with State and local personnel.
.
Miscellaneous Authorities and Limitations
Minimum annual purchase amounts for airlift from carriers participating in the Civil Reserve Air Fleet
In general
Chapter 931 of title 10, United States Code, is amended by adding at the end the following new section:
Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet
In general
The Secretary of Defense may award to air carriers or air carrier contractor team arrangements (carriers) participating in the Civil Reserve Air Fleet on a fiscal year basis a one-year contract for airlift services with a minimum purchase amount determined in accordance with this section.
Minimum purchase amount
The aggregate amount of the minimum purchase amount for all contracts awarded under subsection (a) for a fiscal year shall be based on forecast needs, but may not exceed the amount equal to 80 percent of the annual average expenditure of the Department of Defense for commercial airlift during the five-fiscal year period ending in the fiscal year before the fiscal year for which such contracts are awarded.
In calculating the annual average expenditure of the Department of Defense for airlift for purposes of paragraph (1), the Secretary of Defense shall omit from the calculation any fiscal year exhibiting unusually high demand for commercial airlift if the Secretary determines that the omission of such fiscal year from the calculation will result in a more accurate forecast of anticipated commercial airlift for purposes of that paragraph.
The aggregate amount of the minimum purchase amount for all contracts awarded under subsection (a) for a fiscal year, as determined under paragraph (1), shall be allocated among all carriers awarded contracts under that subsection for such fiscal year in proportion to the commitments of such carriers to the Civil Reserve Air Fleet for such fiscal year.
Adjustment to minimum purchase amount for periods of unavailability of airlift
In determining the minimum purchase amount payable under a contract under subsection (a) for airlift provided by a carrier during the fiscal year covered by such contract, the Secretary of Defense may adjust the amount allocated to the carrier under subsection (b)(3) to take into account periods during such fiscal year when services of the carrier are unavailable for usage by the Department of Defense, including during periods of refused business or suspended operations or when the carrier is placed in nonuse status pursuant to section 2640 of this title for safety issues.
Distribution of amounts
If any amount available under this section for the minimum purchase of airlift from a carrier for a fiscal year under a contract under subsection (a) is not utilized to purchase airlift from the carrier in such fiscal year, such amount shall be provided to the carrier before the first day of the following fiscal year.
Commitment of funds
The Secretary of each military department shall transfer to the transportation working capital fund a percentage of the total amount anticipated to be required in such fiscal year for payment of minimum purchase amounts under all contracts awarded under subsection (a) for such fiscal year equivalent to the percentage of the anticipated use of airlift by such military department during such fiscal year from all carriers under contracts awarded under subsection (a) for such fiscal year. All such amounts will be transferred by the last day of the fiscal year to meet the requirements of (d) above unless minimum purchase amounts have already been met by the Department.
Availability of airlift
From the total amount of airlift available for a fiscal year under all contracts awarded under subsection (a) for such fiscal year, a military department shall be entitled to obtain a percentage of such airlift equivalent to the percentage of the contribution of the military department to the transportation working capital fund for such fiscal year under subsection (e).
A military department may transfer any entitlement to airlift under paragraph (1) to any other military department or to any other agency, element, or component of the Department of Defense.
Eligibility
In order to be eligible for the higher minimal business guarantees authorized by this section, carriers must—
have an average on-time pickup rate, based on factors within the air carrier’s control, of at least 90 percent if under contract with the Department in the prior year;
offer some amount of commitment to the Civil Reserve Air Fleet in excess of the minimum required for participation; and
not have refused a DOD request to act as a host for other CRAF carriers at intermediate staging bases during the prior year.
Sunset
The authorities in this section shall expire on December 31, 2015.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet.
.
Other Matters
Presentation of burial flag to spouses
Section 1482(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
Presentation of a flag of equal size to the flag presented under paragraph (10) to the surviving spouse (including a remarried surviving spouse) of the deceased member if the person to be presented a flag under paragraph (10) is other than the spouse.
.
Defense Production Act Amendments of 2008
Section 717(a) of
the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by
striking September 30, 2008
and inserting September 30,
2013
.
Section 711(b) of
the Defense Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended by
striking 2003 through 2008
and inserting 2009 through
2013
.
Section 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2093) is amended—
in subsection (a)(6)—
by amending subparagraph (A) to read as follows:
In general
Except as provided in paragraph (7), the President shall take no action under this section unless the industrial resource shortfall which such action is intended to correct has been identified in writing and transmitted to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. Such notification shall be accompanied by a statement from the President demonstrating that the notification is in accordance with the provisions of paragraph (5).
;
in subparagraph
(B), by striking 60 days
and inserting 30 days
;
and
in subparagraph
(C), by striking $50,000,000
and inserting
$200,000,000
; and
by amending subsection (e) to read as follows:
Installation of equipment in industrial facilities
When in his judgment it will aid the national defense, the President is authorized to install additional equipment, facilities, processes or improvements to plants, factories, and other industrial facilities owned by the United States Government, and to install government-owned equipment in plants, factories, and other industrial facilities owned by private persons. The President may also provide for the modification or expansion of facilities in which such equipment will be installed, including the modification or improvement of production processes. When it will aid the national defense, the President may also sell or otherwise transfer such government-owned equipment to the owners of such plants, factories or other industrial facilities.
.
Section 304(b)(2) of the Defense Production Act of 1950 (50 U.S.C. App. 2094(b)(2)) is amended to read as follows:
all moneys received by the Federal Government on transactions entered into pursuant to section 303.
.
Amendment to annual submission of information regarding information technology capital assets
Section 351(a)(2) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2516), is amended to read as follows:
Information technology capital assets that have an estimated total cost for the fiscal year for which the budget is submitted in excess of $30,000,000 and been determined by the Department of Defense Chief Information Officer and the Office of Management and Budget to be significant investments and are required to submit a Capital Asset Plan (Exhibit 300) to OMB in accordance with OMB Circular A–11, Section 300.
.
CIVILIAN PERSONNEL MATTERS
Increase in authorized number of Defense Intelligence Senior Executive Service employees
Section 1606(a) of
title 10, United States Code, is amended by striking 594
and
inserting 694
.
Permanent extension of Department of Defense voluntary reduction in force authority
Section 3502(f) of title 5, United States Code, is amended by striking paragraph (5).
Flexibility in paying annuity to Federal retirees who return to work
Section 9902(j) of title 5, United States Code, is amended to read as follows:
Provisions relating to reemployment
The Secretary of Defense may, under procedures and criteria prescribed under paragraph (2), waive the application of the provisions of section 8344 or 8468 of this title on a case-by-case or group basis for employment of an annuitant in a position in the Department of Defense.
The Secretary shall prescribe procedures for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for a delegation of authority.
An employee as to whom a waiver under this subsection is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84 of this title.
.
Direct hire authority for healthcare professionals of the Deparment of Defense
Authority
Chapter 99 of title 5, United States Code, is amended by adding at the end the following new section:
Direct hire authority for healthcare professionals
Authority
The Secretary may appoint in the competitive civil service an individual described in subsection (b) or identified under subsection (c) for a position within the Department of Defense without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, (other than section 3303 and 3328 of such title).
Preference
In using the authority provided by this subsection, the Secretary shall apply the principles of preference for the hiring of veterans and other persons established in such subchapter.
Eligible individuals
The following individuals may be appointed under subsection (a):
Physicians.
Dentists.
Podiatrists.
Optometrists.
Registered nurses.
Physician assistants.
Expanded-function dental auxiliaries.
Chiropractors.
Occupational, physical, recreation/creative arts, and respiratory therapists.
Nuclear medicine, medical instrument, health, environmental health, medical, pathology, psychology, pharmacy, and medical records technicians.
Diagnostic radiologic, therapeutic radiologic, medical, and cytotechnologists.
Social service, rehabilitation therapist, nursing, and medical support assistants.
Psychologists.
Social workers.
Dietitians.
Industrial hygienists.
Microbiologists.
Chemists.
Biostatisticians.
Health system specialists.
Health system specialists/administrators.
Orthotist/prosthetists.
Medical records specialists/administrators.
Biomedical engineers.
Pharmacists.
Audiologist/speech pathologists.
Licensed practical nurses.
Additional eligible individuals
The Secretary may identify other individuals in a healthcare occupation or profession who may be appointed under the authority in subsection (a) when the Secretary determines the use of such authority is necessary because of an expansion or other change in the healthcare mission of the Department or difficulty in employing individuals in such healthcare occupation or profession for service in the Department as a result of competing sources of employment or other reasons.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
9905. Direct hire authority for healthcare professionals.
.
Extension of authority to make lump sum severance payments
Section 5595(i)(4) of title 5, United States
Code, is amended by striking October 1, 2010
and inserting
October 1, 2014
.
Technical change to the definition of a professional accounting position
Section 1599d(e) of title 10, United States
Code, is amended by striking GS–510, GS–511, and GS–505
and
inserting 0505, 0510, 0511, or equivalent
.
MATTERS RELATING TO FOREIGN NATIONS
Assistance and Training
Fund foreign visitors to the service academy international programs and establish per diem for faculty and cadets in study abroad programs
In general
Chapter 53 of title 10, United States Code, is amended by adding the following new section:
Service academy international programs language and cultural immersion and foreign exchange and cooperation activities
The superintendents of the United States Military Academy, United States Naval Academy, and United States Air Force Academy may pay the travel, subsistence, and special compensation of officers, students, and representatives of foreign countries and other hosting and entertainment expenses of foreign visitors that the superintendent concerned considers necessary for international cooperation. When United States Air Force Academy and United States Military Academy cadets, and United States Naval Academy midshipmen, travel or study abroad in programs to enhance language skills and cultural understanding, the superintendent concerned may determine that a rate lower than the per diem authorized in accordance with the Joint Federal Travel Regulations should be used.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
1060c. Service academy international programs language and cultural immersion and foreign exchange and cooperation activities.
.
Nonproliferation Matters and Countries of Concern
Waiver of certain sanctions against North Korea
Annual waiver authority
Except as provided in subsection (b), the President may waive in whole or in part, with respect to North Korea, the application of any sanction contained in section 102(b) of the Arms Export Control Act (22 U.S.C. 2799aa–1(b)), for the purpose of—
assisting in the
implementation of the North Korean commitment, undertaken in the Joint
Statement of September 19, 2005, to abandoning all nuclear weapons and
existing nuclear programs
as part of the verifiable denuclearization of
the Korean Peninsula, and verification thereof; and
promoting the elimination of the capability of North Korea to develop, deploy, transfer, or maintain weapons of mass destruction, or their delivery systems.
Any waiver issued pursuant to this subsection shall expire at the end of the calendar year in which it was issued.
Exceptions
The authority under subsection (a) shall not apply with respect to a sanction or prohibition contained in subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export Control Act unless the President determines, and so certifies to the appropriate congressional committees, that—
all reasonable steps will be taken to assure that the articles or services exported or otherwise provided will not be used to improve the military capabilities of the North Korean armed forces; and
such waiver is in the national security interests of the United States.
The authority under subsection (a) shall not apply with respect to—
an activity described in subparagraph (A) or (C) of section 102(b)(1) of the Arms Export Control Act that occurred after September 19, 2005; or
an activity described in subparagraph (D) of section 102(b)(1) of such Act that occurs after the date of enactment of this Act,
The authority under subsection (a) shall not apply with respect to an activity described in subparagraph (B) of section 102(b)(1) of such Act that occurs after the date of enactment of this Act.
Notifications and reports
Any waiver pursuant to subsection (a) shall be notified in writing to the appropriate congressional committees.
No later than August 31, 2008, and annually thereafter, the President shall submit to the appropriate congressional committees a report that—
lists all waivers issued pursuant to this section in the preceding twelve months;
describes in
detail the progress that is being made in the implementation of the commitment
undertaken by North Korea, in the Joint Statement of September 19, 2005,
to abandoning all nuclear weapons and existing nuclear programs
as part of the verifiable denuclearization of the Korean Peninsula;
discusses specifically any shortcomings in North Korea’s implementation of that commitment; and
lists and describes the progress and shortcomings, in the preceding twelve months, of all other programs promoting the elimination of North Korea’s capability to develop, deploy, transfer, or maintain weapons of mass destruction or their delivery systems.
Appropriate congressional committees defined
In this section, the term
appropriate congressional committees
means—
the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate; and
the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives.
Other Matters
Sales of defense services to be performed overseas to support direct commercial sales by United States companies
In general
Section 30(a) of the Arms Export Control Act (22 U.S.C.
2770) is amended by striking : Provided, however, That
such services may be performed only in the United States
.
Clerical amendment
The heading of chapter 2B of the Arms Export Control Act (Public Law 97–392; 96 Stat. 1962) is amended to read as follows:
SALES OF DEFENSE ARTICLES AND SERVICES TO UNITED STATES COMPANIES
.
MATTERS RELATING TO BUILDING PARTNER CAPABILITIES TO COMBAT TERRORISM AND ENHANCE STABILITY
Building Security Capacity and Non-military Stabilization Support
Building the partnership capacity of foreign military and other security forces
In general
Chapter 20 of title 10, United States Code, is amended by adding at the end the following new section:
Authority to build the capacity of foreign military and security forces
Authority
The Secretary of Defense, with the concurrence of the Secretary of State, may authorize programs to build the capacity of a foreign country’s national military forces and other security forces, including gendarmerie, constabulary, internal defense, infrastructure protection, civil defense, homeland defense, coast guard, border protection, and counterterrorism forces, in order for that country to—
conduct counterterrorist operations; or
participate in or support military and stability operations that are consistent with the security interests of the United States.
Types of capacity building
Authorized elements
Programs authorized under subsection (a) may be carried out by grant or otherwise, and may include the provision of equipment, supplies, and training, and minimal construction incidental to the provision of equipment.
Required elements
Programs authorized under subsection (a) shall include elements that promote—
observance of and respect for human rights and fundamental freedoms; and
respect for legitimate civilian authority within that country.
Preparation elements
In preparation of execution of programs authorized under subsection (a), United States armed forces may participate in training activities authorized by section 2011 of this title in nations where training pursuant to such section is on-going.
Limitations
Availability of funds
The Secretary of Defense may use, or transfer to the Department of State or any other Federal agency, up to $750,000,000 of funds in any fiscal year to conduct or support activities authorized under subsection (a).
Amounts available for the authority in subsection (a) for a fiscal year may be used for programs under that authority that begin in that fiscal year but end in the next fiscal year.
Assistance otherwise prohibited by law
The Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in subsection (b) that is otherwise prohibited by any provision of law.
Limitation on eligible countries
The Secretary of Defense may not use the authority in subsection (a) to provide assistance described in subsection (b) to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.
Waiver authority
Notwithstanding any other provision of law, the President or the Secretary of State, as appropriate, may waive any restrictions that may apply to assistance for military or other security forces provided under this section upon determining that the applicable standard for any such waiver already available under existing law is met, or otherwise upon determining that it is in the national security interests of the United States to do so.
Formulation and execution of program
The Department of Defense and the Department of State shall jointly formulate any program authorized under subsection (a). The Secretary of Defense shall coordinate with the Secretary of State in the implementation of any program authorized under subsection (a).
Congressional notification
Activities in a country
Not less than 15 days before initiating activities authorized under subsection (a) in any country, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional committees specified in paragraph (2) a notice of the following:
The country being assisted pursuant to subsection (a).
The budget, implementation timeline with milestones, and completion date for completing the program authorized under subsection (a).
The source and planned expenditure of funds to complete the program authorized under subsection (a).
Specified congressional committees
The congressional committees specified in this paragraph are the following:
The Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.
The Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
409. Authority to build the capacity of foreign military and security forces.
.
Enhancing Partners' Capacity for Effective Operations
Loans of significant military equipment
Section 2350(1) of title 10, United States
Code, is amended by inserting before the period at the end the following:
, except that such items of significant military equipment may be
provided for temporary use, not to exceed one year, to security forces of
nations participating in combined operations with the United States armed
forces for personnel protection or to aid in personnel survivability, if the
Secretary of Defense, with the concurrence of the Secretary of State,
determines in writing that it is in the national security interests of the
United States to provide such support
.
Grants of non-lethal excess defense articles by geographic combatant commanders
In general
Chapter 6 of title 10, United States Code, is amended by inserting after section 166b the following new section:
Geographic combatant commander's authority to transfer excess defense articles
Authorization
A geographic combatant commander, with the concurrence of the Secretary of State, is authorized to transfer, on a grant basis, a total of $25,000 per year of non-lethal excess defense articles to each country within that commander's area of responsibility for the purpose of building the capacity of such countries to conduct counterterrorist operations, or to participate in or support military and stability operations consistent with the security interests of the United States.
Limitations on transfers
A geographic combatant commander may transfer excess defense articles under this section only if—
such articles are drawn from existing stocks of the Department of Defense;
funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the transfer; and
the transfer of such articles will not have an adverse impact on the military readiness of the United States.
Transportation and related costs
In general
Except as provided in paragraph (2), funds available to the Department of Defense may not be expended for crating, packing, handling, and transporting excess defense articles transferred under the authority of this section.
Exception
A geographic combatant commander may provide for the transportation of excess defense articles without charge to a country for the costs of such transportation if—
it is determined that it is in the national interest of the United States to do so;
the recipient is a developing country;
the total weight of the transfer does not exceed 50,000 pounds; and
such transportation is accomplished on a space available basis.
Prohibited transfers
A geographic combatant commander may not transfer under the authority in section (a) excess defense articles that are significant military equipment as defined in section 47(9) of the Arms Export Control Act (22 U.S.C. 2794(9)).
Excess coast guard property
For purposes of this section, the term
excess defense articles
shall be deemed to include excess
property of the Coast Guard. The term Department of Defense
shall be deemed, with respect to such excess property, to include the Coast
Guard.
Definitions
In this section:
The term
geographic combatant commander
means the commander of a
combatant command (as such term is defined in section 161(c) of this title)
with a geographic area of responsibility.
The term
excess defense articles
has the meaning set forth in section
644(g) of the Foreign Assistance Act of 1961, as amended (22 U.S.C.
2403(g)).
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 166b the following new item:
166c. Geographic combatant commander's authority to transfer excess defense articles.
.
Establishment of a defense coalition support account to maintain inventory of critical items for coalition partners
In general
The Arms Export Control Act is amended—
by striking
Special Defense Acquisition Fund
each place it appears and
inserting Defense Coalition Support Fund
;
in section 51 (22 U.S.C. 2795)—
in subsection (a)—
in paragraph (1)—
by
striking in consultation with
and inserting with the
concurrence of
;
by inserting
and management
after control
;
by inserting
temporary use or
after anticipation of their
;
and
by inserting
, including to support coalition or international military stability or
counter-terrorist operations
after international
organizations
;
in
paragraph (3), by inserting (including temporary use)
after
transfer
;
in paragraph (4)—
by striking
narcotics control purposes
and inserting building partner
capacity
; and
by striking
such as small boats, planes (including helicopters), and communication
equipment
;
in subsection (b)—
by
striking and
at the end of paragraph (2);
by inserting after paragraph (3) the following new paragraphs:
collections from leases made pursuant to section 61 of this Act; and
contributions of money or property from any United States or foreign person or entity, foreign government, or international organization for use for purposes of the Fund,
; and
in
the matter after paragraph (5), as added by clause (ii), by inserting to
the Department of State or the Department of Defense
after
authorized and appropriated
;
by amending subsection (c) to read as follows:
Except during a period of active hostilities, the value of property purchased and held in inventory under this section may not exceed $200,000,000. Amounts credited to the Fund under subsection (b) shall remain available until expended.
; and
by adding at the end the following new subsection:
Transfer of funds
In order to carry out the purposes of this Fund, amounts in the Fund may be transferred to any current appropriation, fund, or account of the Department of Defense or the Department of State, and shall be merged with the appropriation, fund, or account to which transferred.
; and
in section 52 (22 U.S.C. 2795a)—
in subsection (a),
by inserting (including temporary use)
after
transfer
; and
in subsection (b),
by striking The President may
and inserting The Secretary
of Defense with the concurrence of the Secretary of State may
.
Conforming amendments
Section 114 of title 10, United States Code, is amended—
by striking subsection (c); and
by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively.
Reimbursement of salaries for Reserve components in support of security cooperation missions
Notwithstanding provisions concerning the salaries of members of the Armed Forces in sections 503(a)(3) and 632(d) of the Foreign Assistance Act of 1961, the full cost of salaries of military reservists may, during fiscal years 2009 and 2010, be included in calculating pricing or value for reimbursement charged under those sections, respectively.
Enhanced authority to pay incremental expenses for participation of developing countries in combined exercises
Section 2010 of title 10, United States Code, is amended by adding at the end the following new subsection:
Funds available under this section for any fiscal year are available for use for programs that begin in such fiscal year but end in the next fiscal year.
.
Developing Commonality by Expanding Professional Military Education, Training, and Support for Partners
Authority for distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability
Distribution authorized
To enhance interoperability between the Armed Forces and military forces of friendly foreign nations, the Secretary of Defense, with the concurrence of the Secretary of State, may—
provide to personnel referred to in subsection (b) electronic distributed learning content for the education and training of such personnel for the development or enhancement of allied and friendly military and civilian capabilities for multinational operations, including joint exercises and coalition operations; and
provide information technology, including computer software developed for such purpose, but only to the extent necessary to support the use of such learning content for the education and training of such personnel.
Authorized recipients
The personnel to whom learning content and information technology may be provided under subsection (a) are military and civilian personnel of a friendly foreign government, with the permission of that government.
Education and training
Any education and training provided under subsection (a) shall include the following:
Internet-based education and training.
Advanced distributed learning and similar Internet learning tools, as well as distributed training and computer-assisted exercises.
Applicability of export control regimes
The provision of learning content and information technology under this section shall be subject to the provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.) and any other export control regime under law relating to the transfer of military technology to foreign nations.
Secretary of defense guidance
Guidance required
The Secretary of Defense shall develop and issue guidance on the procedures for the use of the authority provided in this section.
Submittal to congressional committees
Not later than 30 days after issuing the guidance required by paragraph (1), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth such guidance.
Modification
If the Secretary modifies the guidance issued under paragraph (1), the Secretary shall submit to the committees named in paragraph (2) a report setting forth the modified guidance not later than 30 days after the date of such modification.
Annual report
Report required
Not later than October 31 following the close of the fiscal year in which the authority granted herein is used, the Secretary of Defense shall submit to the committees named in subsection (f)(1) a report on the exercise of the authority provided in this section during the preceding fiscal year.
Elements
Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following:
A statement of the recipients of learning content and information technology provided under this section.
A description of the type, quantity, and value of the learning content and information technology provided under this section.
Enhancing participation of the Department of Defense in multinational military centers of excellence
In general
Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new section:
Participation in multinational military centers of excellence
Participation authorized
The Secretary of Defense may, with the concurrence of the Secretary of State, authorize the participation of members of the armed forces and Department of Defense civilian personnel in any multinational military center of excellence hosted by any nation or combination of nations referred to in subsection (b) for purposes of—
enhancing the ability of military forces and civilian personnel of the nations participating in such center to engage in joint exercises or coalition or international military operations; or
improving interoperability between the Armed Forces of the United States and the military forces of friendly foreign nations.
Covered nations
The nations referred to in this section are as follows:
The United States.
Any member nation of the North Atlantic Treaty Organization (NATO).
Any major non-NATO ally.
Any other friendly foreign nation identified by the Secretary of Defense, with the concurrence of the Secretary of State, for purposes of this section.
Memorandum of understanding
Requirement
The participation of members of the armed forces or Department of Defense civilian personnel in a multinational military center of excellence under subsection (a) shall be in accordance with the terms of one or more memoranda of understanding entered into by the Secretary of Defense, with the concurrence of the Secretary of State, and the foreign nation or nations concerned.
Scope
If Department of Defense facilities, equipment, or funds are used to support a multinational military center of excellence under subsection (a), the memorandum of understanding under paragraph (1) with respect to that center shall provide details of any cost-sharing arrangement or other funding arrangement.
Availability of appropriated funds
Availability
Funds appropriated to the Department of Defense for operation and maintenance are available as follows:
To pay the United States share of the operating expenses of any multinational military center of excellence in which the United States participates under this section.
To pay the costs of the participation of members of the armed forces and Department of Defense civilian personnel in multinational military centers of excellence under this section, including the costs of expenses of such participants.
Limitation on use of funds
No funds may be used under this section to fund the pay or salaries of members of the armed forces and Department of Defense civilian personnel who participate in multinational military centers of excellence under this section.
Use of Department of Defense facilities and equipment
Facilities and equipment of the Department of Defense may be used for purposes of the support of multinational military centers of excellence under this section that are hosted by the Department.
Report on use of authority
Report required
Not later than October 31 following the close of the fiscal year in which the authority granted herein is used, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the use of the authority in this section during that fiscal year.
Elements
The report required by paragraph (1) shall include the following:
A detailed description of the participation of the Department of Defense, and of members of the armed forces and civilian personnel of the Department, in multinational military centers of excellence under the authority of this section during the fiscal year.
For each multinational military center of excellence in which the Department of Defense, or members of the armed forces or Department of Defense civilian personnel, so participated—
a description of such multinational military center of excellence;
a description of the activities participated in by the Department, or by members of the armed forces or Department of Defense civilian personnel; and
a statement of the costs of the Department for such participation, including—
a statement of the United States share of the expenses of such center, and a statement of the percentage of the United States share of the expenses of such center to the total expenses of such center; and
a statement of the amount of such costs (including a separate statement of the amount of costs paid for under the authority of this section by category of costs).
Definitions
In this section:
The term
multinational military center of excellence
means an entity
sponsored by one or more nations that is accredited and approved by the
Department of Defense as offering recognized expertise and experience to
personnel participating in the activities of such entity for the benefit of
United States forces and the militaries of friendly foreign nations by
providing such personnel opportunities to—
enhance education and training;
improve interoperability and capabilities;
assist in the development of doctrine; and
validate concepts through experimentation.
The term
major non-NATO ally
means a country (other than a member nation
of the North Atlantic Treaty Organization) that is designated as a major
non-NATO ally by the Secretary of Defense, with the concurrence of the
Secretary of State, under section 2350a of this
title.
.
Clerical amendment
The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:
2350m. Participation in multinational military centers of excellence.
.
Regional defense combating terrorism fellowship program
Section 2249c(b) of title 10, United States
Code, is amended by striking $25,000,000
and inserting
$35,000,000
.
Military-to-military contacts and comparable activities
Section 168(e) of title 10, United States Code, is amended by adding at the end the following new paragraph:
Funds available under this section for any fiscal year are available for use for programs that begin in such fiscal year but end in the next fiscal year.
.
Payment of personnel expenses for multilateral cooperation programs
In general
Section 1051 of title 10, United States Code, is amended—
in the heading, by
striking Bilateral
and inserting Multilateral,
bilateral,
;
in subsection (a),
by striking a bilateral
and inserting a multilateral,
bilateral,
;
in subsection (b)—
in paragraph (1)—
by
striking to and
and inserting to, from, and
;
and
by
striking bilateral
and inserting multilateral,
bilateral,
; and
in paragraph (2),
by striking bilateral
and inserting multilateral,
bilateral,
; and
by adding at the end the following new subsection:
Funds available under this section for any fiscal year are available for use for programs that begin in such fiscal year but end in the next fiscal year.
.
Clerical amendment
The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1051 and inserting the following new item:
1051. Multilateral, bilateral, or regional cooperation programs: payment of personnel expenses.
.
Enhancing the ability of the United States Government to conduct complex operations
In general
Chapter 20 of title 10, United States Code, is amended by adding the following new section:
Center for Complex Operations
Authority
The Secretary of Defense may establish a Center for Complex Operations to—
coordinate more effectively the preparation of Department of Defense and other U.S. Government personnel for complex operations;
foster unity of effort among U.S. Government departments and agencies, foreign governments and militaries, international organizations, and non-governmental organizations;
conduct research; collect, analyze, and distribute lessons learned; and compile best practices in the area of complex operations; and
identify education and training gaps of the Department of Defense and other Federal departments and agencies and facilitate efforts to fill those gaps.
Authority To provide support and transfer funds
The heads of other Federal departments and agencies are authorized to provide services, including personnel support, and to transfer funds to the Secretary of Defense to support the operation of the Center for Complex Operations.
Authority To accept gifts and donations
Subject to paragraph (3), the Secretary of Defense may accept from any source specified in paragraph (2) any gift or donation for purposes of defraying the costs or enhancing the operation of the center.
The sources from which gifts and donations may be accepted under this subsection are the following:
The government of a State or a political subdivision of a State.
The government of a foreign country.
A foundation or other charitable organization, including a foundation or charitable organization that is organized or operates under the laws of a foreign country.
Any source in the private sector of the United States or a foreign country.
Limitation
The Secretary may not accept a gift or donation under this subsection if acceptance of the gift or donation would compromise or appear to compromise—
the ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; or
the integrity of any program of the Department or of any person involved in such a program.
Criteria for acceptance
The Secretary of Defense shall prescribe written guidance setting forth the criteria to be used in determining the applicability of paragraph (3) to any proposed gift or donation under this section.
Crediting of funds
Funds accepted by the Secretary of Defense under this section shall be credited to appropriations available to the Department of Defense for the Center for Complex Operations and shall be available for the same purposes as the appropriations with which merged. Any funds accepted under this section shall remain available until expended.
Definitions
Gift or donation
In this section, the term ‘gift or donation’ means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).
Complex operations
In this section, complex operations are defined as stability, security, transition and reconstruction operations, counterinsurgency, and irregular warfare.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
412. Center for Complex Operations.
.
Setting Conditions Through Support for Local Populations
Amendments of authority for humanitarian assistance
Section 2561(a)(1) of title 10, United
States Code, is amended by inserting and, with the concurrence of the
relevant Chief of Mission, for stabilization purposes
after
other humanitarian purposes
.
Making permanent and global the commanders emergency response program for urgent humanitarian and reconstruction needs in the field
In general
Chapter 20 of title 10, United States Code, is amended by adding at the end the following new section:
Commanders' emergency response program
Authority
Funds made available to the Department of Defense for the Commanders’ Emergency Response Program for any fiscal year may be used by the Secretary of Defense in such fiscal year to provide funds—
for the Commanders’ Emergency Response Program in Iraq and a similar program in Afghanistan; and
for a similar program to assist the people of a developing country where United States forces are operating.
Quarterly report
Not later than 15 days after the end of each fiscal-year quarter, the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that quarter that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes of the programs under subsection (a).
Submission of guidance
Initial submission
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a copy of the guidance issued by the Secretary to the Armed Forces concerning the allocation of funds through the Commanders’ Emergency Response Program and any similar program to assist the people of a developing country.
Modifications
If the guidance in effect for the purpose stated in paragraph (1) is modified, the Secretary shall submit to the congressional defense committees a copy of the modification not later than 15 days after the date on which the Secretary makes the modification.
Waiver authority
For purposes of exercising the authority provided by this section or any other provision of law making funding available for the Commanders’ Emergency Response Program referred to in subsection (a) (including a program referred to in paragraph (2) of that subsection), the Secretary of Defense may waive any provision of law not contained in this section that would (but for the waiver) prohibit, restrict, limit, or otherwise constrain the exercise of that authority.
Execution of program
Within sixty days of the enactment of this provision, the Departments of Defense and State shall jointly develop procedures for the exercise of the authority in subsection (a). Such procedures shall provide for expeditious coordination between the Department of Defense and the Department of State to achieve agile, appropriate, and effective use of this authority to promote the security interests of the United States.
Commanders’ emergency response program defined
In this section, the term Commanders’ Emergency Response Program means the program established by the Administrator of the Coalition Provisional Authority for the purpose of enabling United States military commanders in Iraq to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the Iraqi people.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
410. Commanders' emergency response program.
.
MILITARY CONSTRUCTION AUTHORIZATIONS
Short title
This division may be
cited as the Military Construction Authorization Act for Fiscal Year
2009
.
ARMY
Authorized Army construction and land acquisition projects
Inside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
| Alabama | Anniston Army Depot | 45,000,000 |
| Alaska | Fort Richardson | 15,000,000 |
| Fort Wainwright | 110,400,000 | |
| Arizona | Fort Huachuca | 11,200,000 |
| Yuma Proving Ground | 3,800,000 | |
| California | Fort Irwin | 39,600,000 |
| Presidio, Monterey | 15,000,000 | |
| Sierra Army Depot | 12,400,000 | |
| Colorado | Fort Carson | 534,000,000 |
| Georgia | Fort Benning | 267,800,000 |
| Fort Stewart/Hunter Army Air Field | 432,300,000 | |
| Hawaii | Schofield Barracks | 279,000,000 |
| Wahiawa | 40,000,000 | |
| Kansas | Fort Riley | 155,000,000 |
| Kentucky | Fort Campbell | 108,113,000 |
| Louisiana | Fort Polk | 29,000,000 |
| Missouri | Fort Leonard Wood | 20,850,000 |
| New York | Fort Drum | 90,000,000 |
| United States Military Academy, West Point | 67,000,000 | |
| North Carolina | Fort Bragg | 36,900,000 |
| Oklahoma | Fort Sill | 63,000,000 |
| Pennsylvania | Carlisle Barracks | 13,400,000 |
| Tobyhanna Army Depot | 15,000,000 | |
| South Carolina | Fort Jackson | 30,000,000 |
| Texas | Corpus Christi Storage Complex | 39,000,000 |
| Fort Bliss | 1,031,800,000 | |
| Fort Hood | 32,000,000 | |
| Fort Sam Houston | 96,000,000 | |
| Red River Army Depot | 6,900,000 | |
| Virginia | Fort Belvoir | 7,200,000 |
| Fort Eustis | 14,400,000 | |
| Fort Lee | 100,600,000 | |
| Fort Myer | 14,000,000 | |
| Washington | Fort Lewis | 158,000,000 |
| Total | 3,933,663,000 |
Outside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
| Afghanistan | Bagram Air Base | 67,000,000 |
| Germany | Katterbach | 19,000,000 |
| Wiesbaden Air Base | 119,000,000 | |
| Japan | Camp Zama | 2,350,000 |
| Sagamihara | 17,500,000 | |
| Korea | Camp Humphreys | 20,000,000 |
| Total | 244,850,000 |
Family housing
Construction and acquisition
Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
| Country | Installation or Location | Purpose | Amount |
| Germany | Wiesbaden Air Base | 326 Units | 133,000,000 |
| Korea | Camp Humphreys | 216 Units | 125,000,000 |
| Total | 258,000,000 |
Planning and design
Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $579,000.
Improvements to military family housing units
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may improve existing military family housing units in an amount not to exceed $420,001,000.
Authorization of appropriations, Army
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $6,010,610,000 as follows:
For military construction projects inside the United States authorized by section 2101(a), $3,933,663,000.
For military construction projects outside the United States authorized by section 2101(b), $244,850,000.
For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $23,000,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $200,807,000.
For military family housing functions:
For construction and acquisition, planning and design, and improvement of military family housing and facilities, $678,580,000.
For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $716,110,000.
For the construction of increment 3 of a barracks complex at Fort Lewis, Washington, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2445), $102,000,000.
For the construction of increment 2 of the SOUTHCOM Headquarters at Miami Doral, Florida, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. xxxx), $81,600,000.
For the construction of increment 2 of the BDE Complex—Barracks/Community at Vicenza, Italy, authorized by section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. xxxx), $15,000,000.
For the construction of increment 2 of the BDE Complex—Operations Support Facility, at Vicenza, Italy, authorized by section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. xxxx), $15,000,000.
NAVY
Authorized Navy construction and land acquisition projects
Inside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
| Arizona | Marine Corps Air Station, Yuma | 19,490,000 |
| California | Marine Corps Base, Camp Pendleton | 799,870,000 |
| Marine Corps Logistics Base, Barstow | 7,830,000 | |
| Marine Corps Air Station, Miramar | 48,770,000 | |
| Naval Air Facility, El Centro | 8,900,000 | |
| Naval Facility, San Clemente Island | 34,020,000 | |
| Naval Air Station, North Island | 53,262,000 | |
| Marine Corps Recruit Depot, San Diego | 51,220,000 | |
| Marine Corps Base, Twentynine Palms | 145,550,000 | |
| Connecticut | Naval Submarine Base, Groton | 46,060,000 |
| District of Columbia | Naval Support Activity, Washington | 24,220,000 |
| Florida | Naval Air Station, Jacksonville | 12, 890,000 |
| Naval Station, Mayport | 14,900,000 | |
| Naval Support Activity, Tampa | 29,000,000 | |
| Georgia | Marine Corps Logistics Base, Albany | 15,320,000 |
| Hawaii | Marine Corps Base, Hawaii | 28,200,000 |
| Pacific Missile Range, Barking Sands | 28,900,000 | |
| Naval Station, Pearl Harbor | 80,290,000 | |
| Illinois | Recruit Training Command, Great Lakes | 62,940,000 |
| Maryland | Naval Surface Warfare Center, Indian Head | 13,930,000 |
| Mississippi | Naval Construction Battalion Center, Gulfport | 6,900,000 |
| New Jersey | Naval Air Warfare Center, Lakehurst | 15,440,000 |
| North Carolina | Marine Corps Air Station, Cherry Point | 77,420,000 |
| Marine Corps Air Station, New River | 86,280,000 | |
| Marine Corps Base, Camp Lejeune | 353,090,000 | |
| Pennsylvania | Naval Support Activity, Philadelphia | 22,020,000 |
| Rhode Island | Naval Station, Newport | 29,900,000 |
| South Carolina | Marine Corps Air Station, Beaufort | 5,940,000 |
| Marine Corps Recruit Depot, Parris Island | 64,750,000 | |
| Virginia | Marine Corps Base, Quantico | 144,310,000 |
| Naval Station, Norfolk | 53,330,000 | |
| Total | 2,384,942,000 |
Outside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
| Cuba | Naval Air Station, Guantanamo Bay | 20,600,000 |
| Diego Garcia | Diego Garcia | 35,060,000 |
| Djibouti | Camp Lemonier | 31,410,000 |
| Guam | Naval Activities, Guam | 88,430,000 |
| Total | 175,500,000 |
Unspecified worldwide
Using the amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(3), the Secretary of the Navy may acquire real property and carry out military construction projects for unspecified installations or locations in the amounts set forth in the following table:
| Location | Installation or Location | Amount |
| Worldwide Unspecified | Unspecified Worldwide | 94,020,000 |
| Total | 94,020,000 |
Family housing
Construction and acquisition
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amount set forth in the following table:
| Location | Installation or Location | Purpose | Amount |
| Guantanamo Bay | Naval Air Station, Guantanamo Bay | 146 Units | 62,598,000 |
| Total | 62,598,000 |
Planning and design
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $2,169,000.
Improvements to military family housing units
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $318,011,000.
Authorization of appropriations, Navy
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $3,855,239,000, as follows:
For military construction projects inside the United States authorized by section 2201(a), $2,384,942,000.
For military construction projects outside the United States authorized by section 2201(b), $175,500,000.
For military construction projects at unspecified worldwide locations authorized by section 2201(c), $94,020,000.
For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $13,670,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $239,128,000.
For military family housing functions:
For construction and acquisition, planning and design, and improvement of military family housing and facilities, $382,778,000.
For support of military family housing (including functions described in section 2833 of title 10, United States Code), $376,062,000.
For the construction of increment 2 of kilo wharf extension at Naval Forces Marianas Islands, Guam, authorized by section 2201(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. xxxx), $50,912,000.
For the construction of increment 2 of the sub drive-in magnetic silencing facility at Naval Submarine Base, Pearl Harbor, Hawaii, authorized in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. xxxx), $41,088,000.
For the construction of increment 3 of the National Maritime Intelligence Center, Suitland, Maryland, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2448), $12,439,000.
For the construction of increment 2 of hangar 5 recapitalizations Naval Air Station, Whidbey Island, Washington, authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2448), $34,000,000.
For the construction of increment 5 of the limited area production and storage complex at Naval Submarine Base, Kitsap, Bangor, Washington, authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2106), $50,700,000.
Modification of authority to carry out certain fiscal year 2005 project inside the United States
The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2105), as amended by section 2206 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3493) and section 2206 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. xxxx), is further amended—
in the item
relating to Strategic Weapons Facility Pacific, Bangor, Washington, by striking
$295,000,000
in the amount column and inserting
$311,670,000
; and
by
striking the amount identified as the total in the amount column and inserting
$1,084,497,000
.
Modification of authority to carry out certain fiscal year 2007 projects inside the United States
Modifications
The table in section
2201(a) of the Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109–364, 120 Stat. 2083) is amended in the item
relating to NMIC/Naval Support Activity, Suitland, Maryland, by striking
$67,939,000
in the amount column and inserting
$76,288,000
.
Section 2205(a)(17) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. xxxx), is amended—
in the item relating to Naval Air
Station, Whidbey Island, Washington, by striking $57,653,000
in
the amount column and inserting $60,500,000
; and
by striking the amount identified as
the total in the amount column and inserting
$772,761,000
.
Conforming amendments
Section 2204(b) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2452), is amended—
in
paragraph (1), by striking $56,159,000
and inserting
$64,508,000
; and
in paragraph (2),
by striking $31,153,000
and inserting
$34,000,000
.
AIR FORCE
Authorized Air Force construction and land acquisition projects
Inside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
| Alabama | Maxwell Air Force Base | 15,556,000 |
| Alaska | Elmendorf Air Force Base | 138,300,000 |
| California | Edwards Air Force Base | 3,100,000 |
| Colorado | United States Air Force Academy | 18,000,000 |
| Delaware | Dover Air Force Base | 19,000,000 |
| Florida | Eglin Air Force Base | 19,000,000 |
| MacDill Air Force Base | 21,000,000 | |
| Georgia | Robins Air Force Base | 24,100,000 |
| Maryland | Andrews Air Force Base | 77,648,000 |
| Mississippi | Columbus Air Force Base | 8,100,000 |
| Nevada | Creech Air Force Base | 48,500,000 |
| Nellis Air Force Base | 53,300,000 | |
| New Mexico | Holloman Air Force Base | 25,450,000 |
| Oklahoma | Tinker Air Force Base | 48,600,000 |
| South Carolina | Charleston Air Force Base | 4,500,000 |
| Texas | Fort Hood | 10,800,000 |
| Lackland Air Force Base | 75,515,000 | |
| Utah | Hill Air Force Base | 36,000,000 |
| Washington | McChord Air Force Base | 5,500,000 |
| Wyoming | Francis E. Warren Air Force Base | 8,600,000 |
| Total | 660,569,000 |
Outside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
| Afghanistan | Bagram Airfield | 57,200,000 |
| Guam | Andersen Air Force Base | 5,200,000 |
| Kyrgyzstan | Manas Air Base | 6,000,000 |
| Qatar | Qatar | 59,638,000 |
| United Kingdom | Royal Air Force Lakenheath | 7,400,000 |
| Total | 135,438,000 |
Unspecified worldwide
Using the amounts appropriated pursuant to the authorization of appropriations in section 2304(3), the Secretary of the Air Force may acquire real property and carry out military construction projects for unspecified installations or locations in the amounts set forth in the following table:
| Location | Installation or Location | Amount |
| Worldwide Classified | Classified Location | 891,000 |
| Worldwide Unspecified | Unspecified Worldwide Locations | 52,500,000 |
| Total | 53,391,000 |
Family housing
Construction and acquisition
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(6)(A), the Secretary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations, in the number of units, and in the amounts set forth in the following table:
| State | Installation or Location | Purpose | Amount |
| United Kingdom | Royal Air Force Lakenheath | 182 Units | 71,828,000 |
| Total | 71,828,000 |
Planning and design
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(6)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $7,708,000.
Improvements to military family housing units
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(6)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $316,343,000.
Authorization of appropriations, Air Force
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,930,236,000, as follows:
For military construction projects inside the United States authorized by section 2301(a), $660,569,000.
For military construction projects outside the United States authorized by section 2301(b), $135,438,000.
For the military construction projects at unspecified worldwide locations authorized by section 2301(c), $53,391,000.
For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $15,000,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $70,494,000.
For military family housing functions:
For construction and acquisition, planning and design, and improvement of military family housing and facilities, $395,879,000.
For support of military family housing (including functions described in section 2833 of title 10, United States Code), $599,465,000.
DEFENSE AGENCIES
Authorized Defense Agencies construction and land acquisition projects
Inside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2404(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| Agency | Installation or Location | Amount |
| Defense Education Activity | Fort Campbell, Kentucky | 21,400,000 |
| Fort Bragg, North Carolina | 78,471,000 | |
| Defense Intelligence Agency | Scott Air Force Base, Illinois | 13,977,000 |
| Defense Logistics Agency | Defense Distribution Depot, Tracy, California | 50,300,000 |
| Defense Fuel Supply Center, Dover Air Force Base, Delaware | 3,373,000 | |
| Defense Fuel Support Point, Jacksonville, Florida | 34,000,000 | |
| Hunter Army Air Field, Georgia | 3,500,000 | |
| Pearl Harbor, Hawaii | 27,700,000 | |
| Kirtland Air Force Base, New Mexico | 14,400,000 | |
| Altus Air Force Base, Oklahoma | 2,850,000 | |
| Philadelphia, Pennsylvania | 1,200,000 | |
| Hill Air Force Base, Utah | 20,400,000 | |
| Craney Island, Virginia | 39,900,000 | |
| National Security Agency | Fort Meade, Maryland | 31,000,000 |
| Special Operations Command | Naval Amphibious Base, Coronado, California | 9,800,000 |
| Eglin Air Force Base, Florida | 40,000,000 | |
| Hurlburt Field, Florida | 8,900,000 | |
| MacDill Air Force Base, Florida | 10,500,000 | |
| Fort Campbell, Kentucky | 15,000,000 | |
| Cannon Air Force Base, New Mexico | 18,100,000 | |
| Fort Bragg, North Carolina | 38,250,000 | |
| Fort Story, Virginia | 11,600,000 | |
| Fort Lewis, Washington | 38,000,000 | |
| TRICARE Management Activity | Fort Richardson, Alaska | 6,300,000 |
| Buckley Air Force Base, Colorado | 3,000,000 | |
| Fort Benning, Georgia | 3,900,000 | |
| Fort Riley, Kansas | 52,000,000 | |
| Fort Campbell, Kentucky | 24,000,000 | |
| Aberdeen Proving Ground, Maryland | 430,000,000 | |
| Fort Leonard Wood, Missouri | 22,000,000 | |
| Tinker Air Force Base, Oklahoma | 65,000,000 | |
| Fort Sam Houston, Texas | 13,000,000 | |
| Washington Headquarters Services | Pentagon Reservation, Virginia | 38,940,000 |
| Total | 1,190,761,000 |
Outside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2404(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Agency | Installation or Location | Amount |
| Defense Logistics Agency | Germersheim, Germany | 48,000,000 |
| Souda Bay, Greece | 27,761,000 | |
| Special Operations Command | Al Udeid, Qatar | 9,200,000 |
| TRICARE Management Activity | Naval Activities, Guam | 30,000,000 |
| Total | 114,961,000 |
Unspecified worldwide
Using the amounts appropriated pursuant to the authorization of appropriations in section 2404(3), the Secretary of Defense may acquire real property and carry out military construction projects for unspecified installations or locations in the amount set forth in the following table:
| Location | Installation or Location | Amount |
| Worldwide Unspecified | Unspecified Locations | 862,980,000 |
| Total | 862,980,000 |
Energy conservation projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2404(7), the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, in the amount of $80,000,000.
Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005
Using amounts appropriated pursuant to the authorization of appropriations in section 2404(9), the Secretary of Defense may carry out base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 2005 established by section 2906A of such Act, in the amount of $7,138,021,000.
Authorization of appropriations, Defense Agencies
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $11,297,342,000, as follows:
For military construction projects inside the United States authorized by section 2401(a), $784,511,000.
For military construction projects outside the United States authorized by section 2401(b), $114,961,000.
For the military construction projects at unspecified worldwide locations authorized by section 2401(c), $266,660,000.
For unspecified minor military construction projects under section 2805 of title 10, United States Code, $31,853,000.
For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $155,793,000.
For energy conservation projects authorized by section 2402 of this Act, $80,000,000.
For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act, $393,377,000.
For base closure and realignment activities authorized by section 2403 of this Act and funded through the Department of Defense Base Closure Account 2005 established by section 2906A of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), $9,065,386,000.
For support of military family housing (including functions described in section 2833 of title 10, United States Code), $54,581,000.
For the construction of increment 4 of the National Security Agency/Central Security Service replacement at Augusta, Georgia, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3497), as amended by section 7016 of the Emergency Supplemental Appropriation Act for Defense, Global War on Terrorism and Hurricane Relief (Public Law 109–234; 120 Stat. 485), $100,220,000.
For the construction of increment 2 of the U.S. Army Medical Research Institute for Infectious Diseases Stage 1 at Fort Detrick, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2457), $209,000,000.
For the construction of increment 2 of the SOF Operational Facility at Dam Neck, Virginia, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. xxxx), $150,000,000.
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Authorized NATO construction and land acquisition projects
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
Authorization of appropriations, NATO
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $240,867,000.
CHEMICAL DEMILITARIZATION PROGRAM
Authorized Chemical Demilitarization Program construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2602(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| Agency | Installation or Location | Amount |
| Army | Blue Grass Army Depot, Kentucky | 12,000,000 |
| Total | 12,000,000 |
Authorization of appropriations, Chemical Demilitarization Construction, Defense-wide
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for military construction and land acquisition for Chemical Demilitarization in the total amount of $134,278,000, as follows:
For military construction projects inside the United States authorized by section 2601(a), $12,000,000.
For the construction of phase 10 of a munitions demilitarization facility at Pueblo Chemical Activity, Colorado, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat. 2775), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 839), and section 2407 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), $65,060,000.
For the construction of phase 9 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298), and section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), $57,218,000.
Modification of authority to carry out certain fiscal year 1997 project
Modifications
The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat. 2775), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 839) and section 2407 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2699), is amended—
under the agency
heading relating to Chemical Demilitarization Program, in the item relating to
Pueblo Army Depot, Colorado, by striking $261,000,000
in the
amount column and inserting $484,000,000
; and
by striking the
amount identified as the total in the amount column and inserting
$830,454,000
.
Conforming amendment
Section 2406(b)(2) of the Military Construction
Authorization Act for Fiscal Year 1997 (110 Stat. 2779), as so amended, is
further amended by striking $261,000,000
and inserting
$484,000,000
.
Modification of authority to carry out certain fiscal year 2000 project
Modifications
The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298) and section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), is amended—
under the agency
heading relating to Chemical Demilitarization, in the item relating to Blue
Grass Army Depot, Kentucky, by striking $290,325,000
in the
amount column and inserting $492,000,000
; and
by striking the
amount identified as the total in the amount column and inserting
$949,920,000
.
Conforming amendment
Section 2405(b)(3) of the Military Construction
Authorization Act for Fiscal Year 2000 (113 Stat. 839), as so amended, is
further amended by striking $267,525,000
and inserting
$469,200,000
.
Modification of authority to carry out certain fiscal year 2007 project
Modification
The
table in section 2401 of the Military Construction Authorization Act for Fiscal
Year 2007 (division B of Public Law 109–364; 120 Stat. 2457), is amended under
the agency heading relating to the TRICARE Management Activity, in the item
relating to Fort Detrick, Maryland, by striking $550,000,000
in
the amount column and inserting $683,000,000
.
Conforming amendment
Section 2405(b)(3) of the Military Construction
Authorization Act of Fiscal Year 2007 (120 Stat. 2461) is amended by striking
$521,000,000
and inserting $654,000,000
.
GUARD AND RESERVE FORCES FACILITIES
Authorized Guard and Reserve construction and land acquisition projects
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Reserve components, and for contributions therefore, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), in the following amounts:
For the Department of the Army—
for the Army National Guard of the United States, $539,296,000; and
for the Army Reserve, $281,687,000.
For the Department of the Navy, for the Navy Reserve and Marine Corps Reserve, $57,045,000.
For the Department of the Air Force—
for the Air National Guard of the United States, $34,374,000; and
for the Air Force Reserve, $19,265,000.
EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Expiration of authorizations and amounts required to be specified by law
Expiration of authorizations after three years
Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefore) shall expire on the later of—
October 1, 2011; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2012.
Exception
Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefore), for which appropriated funds have been obligated before the later of—
October 1, 2011; or
the date of the enactment of an Act authorizing funds for fiscal year 2012 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
Extension of authorizations of certain fiscal year 2006 projects
Extension
Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3501), authorizations set forth in the tables in subsection (b), as provided in sections 2101, 2302, and 2601 of that Act, shall remain in effect until October 1, 2009, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2010, whichever is later.
Tables
The tables referred to in subsection (a) are as follows:
| State | Installation
or Location | Project | Amount |
| Hawaii | Pohakuloa | Tactical Vehicle Wash Facility | 9,207,000 |
| Battle Area Complex | 33,660,000 | ||
| Virginia | Fort Belvoir | Defense Access Road | 18,000,000 |
| State | Installation
or Location | Project | Amount |
| Alaska | Eielson Air Force Base | Replace Family Housing (92 units) | 37,650,000 |
| Purchase Build/Lease Housing (300 units) | 18,144,000 | ||
| California | Edwards Air Force Base | Replace Family Housing (226 units) | 59,699,000 |
| Florida | MacDill Air Force Base | Replace Family Housing (109 units) | 40,982,000 |
| Missouri | Whiteman Air Force Base | Replace Family Housing (111 units) | 26,917,000 |
| North Carolina | Seymour Johnson Air Force Base | Replace Family Housing (255 units) | 48,868,000 |
| North Dakota | Grand Forks Air Force Base | Replace Family Housing (150 units) | 43,353,000 |
| State | Installation
or Location | Project | Amount |
| California | Camp Roberts | Urban Assault Course | 1,485,000 |
| Idaho | Gowen Field | Railhead, Phase 1 | 8,331,000 |
| Mississippi | Biloxi | Readiness Center | 16,987,000 |
| Camp Shelby | Modified Record Fire Range | 2,970,000 | |
| Montana | Townsend | Automated Qualification Training Range | 2,532,000 |
| Pennsylvania | Philadelphia | Stryker Brigade Combat Team Readiness Center | 11,806,000 |
| Organizational Maintenance Shop #7 | 6,144,930 |
| Agency | Installation
or Location | Project | Amount |
| Defense Logistics Agency | Defense Distribution Depot Susquehanna, New Cumberland, Pennsylvania | Replace Physical Fitness Facility | 6,500,000 |
Extension of authorizations of certain fiscal year 2005 projects
Extension
Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2116), authorizations set forth in the tables in subsection (b), as provided in sections 2101, 2301, 2302, and 2601 of that Act, shall remain in effect until October 1, 2009, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2010, whichever is later.
Tables
The tables referred to in subsection (a) are as follows:
| State | Installation
or Location | Project | Amount |
| Hawaii | Schofield Barracks | Combined Arms Collective Training Facility | 32,542,000 |
| State/Country | Installation or Location | Project | Amount |
| Arizona | Davis-Monthan Air Force Base | Replace Family Housing (250 units) | 48,500,000 |
| California | Vandenberg Air Force Base | Replace Family Housing (120 units) | 30,906,000 |
| Florida | MacDill Air Force Base | Construct Housing Maintenance Facility | 1,250,000 |
| Missouri | Whiteman Air Force Base | Replace Family Housing (160 units) | 37,087,000 |
| North Carolina | Seymour Johnson Air Force Base | Replace Family Housing (167 units) | 32,693,000 |
| Germany | Ramstein Air Base | USAFE Theater Aerospace Operations Support Center | 24,204,000 |
| State | Installation
or Location | Project | Amount |
| California | Dublin | Readiness Center, Add/Alt (ADRS) | 11,318,000 |
MILITARY CONSTRUCTION GENERAL PROVISIONS
Military Construction Program and Military Family Housing Changes
Modification of long-term leasing authority for military family housing
Authority
Section 2835 of title 10, United States Code, is amended by adding at the end the following new subsections:
Housing of other personnel
At any point in the lease term, to the extent that housing constructed and leased under this section is not required by military families, the Secretary of a military department may assign military members, without dependents, to such housing without rental charge to the member so assigned.
A member, without dependents, who is assigned to housing pursuant to this section shall be considered to be assigned to quarters pursuant to section 403(e) of title 37.
Conversion to long-term leasing of military unaccompanied housing
During the period of the lease term, if the Secretary concerned determines that the housing constructed and leased under this section is excess to the long-term needs of the Family Housing Program of the Department of Defense, the Secretary concerned may convert the lease to a long-term lease of military unaccompanied housing.
The term of the conversion to military unaccompanied housing under paragraph (1) may not exceed the remaining term of the existing long-term lease of family housing being converted.
Advance notice of intent To convert
The Secretary concerned may not convert the long-term family housing lease to unaccompanied housing under subsection (j) until—
the secretary concerned submits to the congressional defense committees, in writing, a notice of the intent to accomplish such conversion to unaccompanied housing, including—
a justification for the conversion;
a description of the long-term lease to be converted;
the lease amount; and
the lease expiration date; and
a period of 21 days has expired following the date on which the justification is received by the committees or, if over sooner, a period of 14 days has expired following the date on which a copy of the justification is provided in an electronic medium pursuant to section 480 of this title.
Section 801 housing
Subsections (i), (j), and (k) also shall apply to housing leased by a military department pursuant to authority contained in section 801 of the Military Construction Authorization Act, 1984 (Public Law 98–115; 97 Stat. 782).
.
Unspecified minor construction
Section 2805 of title 10, United States Code, is amended—
In subsection (a)(1)—
by striking
$1,500,000
and inserting $2,500,000
; and
by striking
$3,000,000
in the last sentence and inserting
$4,250,000
;
in
subsection (b)(1), by striking $750,000
and inserting
$1,000,000
; and
In subsection (c)(1)—
in subparagraph
(A), by striking $1,500,000
and inserting
$2,000,000
; and
in subparagraph
(B), by striking $750,000
and inserting
$1,000,000
.
Flexibility in determining domestic family housing lease maximums
Section 2828(b) of title 10, United States Code, is amended—
in paragraph (2),
by striking paragraphs (3) and (4)
and inserting
paragraphs (3), (4), and (7)
; and
by adding at the end the following new paragraph:
The Secretary of the Army may lease not more than 600 of the 10,000 family housing units provided in paragraph (1) at an amount not greater than 33 percent above the maximum lease amount under paragraph (3), as adjusted under paragraph (5) for the fiscal year in which a unit is leased under this paragraph. The maximum lease amount provided in this paragraph shall apply only to Army family housing in areas designated by the Secretary of the Army and for leases not to exceed a term of 2 years.
.
Transfer of proceeds from property conveyance, Marine Corps Logistics Base, Albany, Georgia
Transfer authorized
The Secretary of Defense may transfer any proceeds from the sale of approximately 120.375 acres of improved land located at the former Boyett Village Family Housing Complex at the Marine Corps Logistics Base, Albany, Georgia, into the Department of Defense Family Housing Improvement Fund established under section 2883(a) of title 10, United States Code, for carrying out activities under subchapter IV of chapter 169 of that title with respect to military family housing.
Notification requirement
A transfer of proceeds under subsection (a) may be made only after the end of the 30-day period beginning on the date the Secretary of Defense submits written notice of the transfer to the appropriate committees of Congress.
Real Property and Facilities Administration
Modification of utility system conveyance authority
Section 2688 of title 10, United States Code, is amended—
by redesignating subsection (j) as subsection (k); and
by inserting after subsection (i) the following new subsection (j):
Conveyance or construction of utility infrastructure after privatization of a utility system
The Secretary of a military department may convey, using other than competitive procedures, utility infrastructure under the jurisdiction of the Secretary on a military installation to a utility or entity to which a utility system for the installation has been conveyed under subsection (a) if the Secretary determines the infrastructure will be part of the utility system and the military department receives as consideration an amount equal to the fair market value of the utility infrastructure determined in the same manner as the consideration the Secretary could require under subsection (c) for a conveyance under subsection (a). The conveyance may consist of all right, title, and interest of the United States or such lesser estate as the Secretary considers appropriate to serve the interests of the United States.
In lieu of carrying out a military construction project to construct, repair, or replace utility infrastructure to be used with a utility system that has been conveyed to a utility or entity under subsection (a), the Secretary concerned may provide funds authorized and appropriated for the project to such utility or entity for use by the utility or entity to construct, repair, or replace the utility infrastructure if the Secretary determines the infrastructure will be part of the utility system. As consideration for the provision of such funds, the Secretary may require a reduction in charges for utility services in the same manner as a reduction in charges may be required under subsection (c) for a conveyance under subsection (a).
.
Repeal of requirement to follow State law governing the provision of electric utility service
In general
Section 591 of title 40, United States Code, is repealed.
Conforming amendment
The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 591.
Permanent authority to purchase municipal services for military installations in the United States
Permanent authority
Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:
Procurement of municipal services for military installations in the United States
Authority
The Secretary of a Military Department may procure municipal services (to include public works and utility services) for any Military installation under the jurisdiction of the Secretary in the United States from a county or municipal government for the geographic area in which the installation is located.
The Secretary may acquire such services using procedures other than competitive procedures if the Secretary determines the price for such services is fair and reasonable and—
the business case supporting the determination—
describes the availability, benefits, and drawbacks of alternative sources; and
establishes that performance by the county or municipal government will not increase costs to the Federal Government when compared to the cost of continued performance by the current provider and represents the best value to the Federal Government; and
at least 14 days prior to entering into a contract with the county or municipal government, written notification is provided to the congressional defense committees that includes a summary of the business case and explains how the adverse impact, if any, on the Federal workforce is being minimized.
The determination described in subparagraph (A) shall not be delegated to a level lower than a Deputy Assistant Secretary for Installations and Environment or another official at an equivalent level.
Guidance
The Secretary of Defense shall issue guidance to address the implementation of this section.
.
Conforming amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
2410q. Procurement of municipal services for military installations in the United States.
.
Clarification of congressional reporting requirements for certain real property transactions of the military departments
Section 2662(c) of title 10, United States Code, is amended—
by striking
river and harbor projects or flood control projects
and
inserting Army civil works water resource development projects
;
and
by striking
acquisition specifically authorized in a Military Construction
Authorization Act
and inserting transaction specifically
authorized in a Military Construction Authorization Act or other Act
authorizing or directing the activities of the Department of
Defense
.
Base Closure and Realignment
Annual base closure and realignment report
Section 2907 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), as amended, is amended—
in paragraph (1),
by striking and realignment
each place it appears;
in paragraph (2),
by striking and realignments
each place it appears; and
in paragraphs (3),
(4), (5), (6), and (7), by striking or realignment
each place it
appears.
Other Matters
Expand cooperative agreement authority for management of cultural resources to include off-installation mitigation
Expanded authority
Section 2684(a) of title 10, United States Code, is amended to read as follows:
Authority
The Secretary of Defense or the secretary of a military department, to the extent permitted by the establishment clause, may enter into a cooperative agreement with a State, local or tribal government or other entity—
for the preservation, management, maintenance, and improvement of cultural resources; and
for the conduct of research regarding cultural resources.
Such cultural resources must be located—
on a military installation; or
off a military installation, but only if the cooperative agreement directly relieves or eliminates current or anticipated restrictions that would or might restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or operations on the installation.
Activities under the cooperative agreement shall be subject to the availability of funds to carry out the cooperative agreement.
.
Cultural resources
Subsection (c) of such section is amended by adding at the end the following new paragraph:
An Indian sacred site, as that term is defined in section 1(b)(iii) of Executive Order 13007.
.