Duncan Hunter National Defense Authorization Act for Fiscal Year 2009/Division A/Title III

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== TITLE III — OPERATION AND MAINTENANCE ==

Contents

Subtitle A—Authorization of Appropriations[edit]

SEC. 301. OPERATION AND MAINTENANCE FUNDING.[edit]

Funds are hereby authorized to be appropriated for fiscal year 2009 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:

(1) For the Army, $31,251,702,000.
(2) For the Navy, $34,850,310,000.
(3) For the Marine Corps, $5,604,254,000.
(4) For the Air Force, $35,454,487,000.
(5) For Defense-wide activities, $25,948,864,000.
(6) For the Army Reserve, $2,642,341,000.
(7) For the Naval Reserve, $1,311,085,000.
(8) For the Marine Corps Reserve, $213,131,000.
(9) For the Air Force Reserve, $3,150,692,000.
(10) For the Army National Guard, $5,893,546,000.
(11) For the Air National Guard, $5,882,326,000.
(12) For the United States Court of Appeals for the Armed Forces, $13,254,000.
(13) For Environmental Restoration, Army, $447,776,000.
(14) For Environmental Restoration, Navy, $290,819,000.
(15) For Environmental Restoration, Air Force, $496,277,000.
(16) For Environmental Restoration, Defense-wide, $13,175,000.
(17) For Environmental Restoration, Formerly Used Defense Sites, $257,796,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid programs, $83,273,000.
(19) For Cooperative Threat Reduction programs, $434,135,000.
(20) For the Overseas Contingency Operations Transfer Fund, $9,101,000.

Subtitle B—Environmental Provisions[edit]

SEC. 311. AUTHORIZATION FOR DEPARTMENT OF DEFENSE PARTICIPATION IN CONSERVATION BANKING PROGRAMS.[edit]

(a) Participation Authorized- Chapter 159 of title 10, United States Code, is amended by inserting after section 2694b the following new section:
`Sec. 2694c. Participation in conservation banking programs
`(a) Authority to Participate- Subject to the availability of appropriated funds to carry out this section, the Secretary concerned, when engaged or proposing to engage in an activity described in subsection (b) that may or will result in an adverse impact to one or more species protected (or pending protection) under any applicable provision of law, or habitat for such species, may make payments to a conservation banking program or `in-lieu-fee' mitigation sponsor approved in accordance with--
`(1) the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995);
`(2) the Guidance for the Establishment, Use, and Operation of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003);
`(3) the Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act (65 Fed. Reg. 66915; November 7, 2000); or
`(4) any successor or related administrative guidance or regulation.
`(b) Covered Activities- Payments to a conservation banking program or `in-lieu-fee' mitigation sponsor under subsection (a) may be made only for the purpose of facilitating one or more of the following activities:
`(1) Military testing, operations, training, or other military activity.
`(2) Military construction.
`(c) Treatment of Amounts for Conservation Banking- Payments made under subsection (a) to a conservation banking program or `in-lieu-fee' mitigation sponsor for the purpose of facilitating military construction may be treated as eligible costs of the military construction project.
`(d) Secretary Concerned Defined- In this section, the term `Secretary concerned' means--
`(1) the Secretary of a military department; and
`(2) the Secretary of Defense with respect to a Defense Agency.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2694b the following new item:
`2694c. Participation in conservation banking programs.'.
(c) Effective Date- Section 2694c of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2008, and only funds appropriated for fiscal years beginning after September 30, 2008, may be used to carry out such section.

SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE, WASHINGTON.[edit]

(a) Authority To Reimburse-
(1) TRANSFER AMOUNT- Using funds described in subsection (b) and notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $64,049.40 during fiscal year 2009 to the Moses Lake Wellfield Superfund Site 10-6J Special Account.
(2) PURPOSE OF REIMBURSEMENT- The payment under paragraph (1) is to reimburse the Environmental Protection Agency for its costs incurred in overseeing a remedial investigation/feasibility study performed by the Department of the Army under the Defense Environmental Restoration Program at the former Larson Air Force Base, Moses Lake Superfund Site, Moses Lake, Washington.
(3) INTERAGENCY AGREEMENT- The reimbursement described in paragraph (2) is provided for in the interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Moses Lake Wellfield Superfund Site in March 1999.
(b) Source of Funds- Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(17) for operation and maintenance for Environmental Restoration, Formerly Used Defense Sites.
(c) Use of Funds- The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the Agency at the Moses Lake Wellfield Superfund Site.

SEC. 313. EXPAND COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF NATURAL RESOURCES TO INCLUDE OFF-INSTALLATION MITIGATION.[edit]

Section 103a(a) of the Sikes Act (16 U.S.C. 670c-1(a)) is amended--

(1) by striking `to provide for the' and inserting `to provide for the following:
`(1) The'; and
(2) by adding at the end the following new paragraph:
`(2) The maintenance and improvement of natural resources located off of a Department of Defense installation if the purpose of the cooperative agreement is to relieve or eliminate current or anticipated challenges that could restrict, impede, or otherwise interfere with, whether directly or indirectly, current or anticipated military activities.'.

SEC. 314. EXPEDITED USE OF APPROPRIATE TECHNOLOGY RELATED TO UNEXPLODED ORDNANCE DETECTION.[edit]

(a) Expedited Use of Appropriate Technologies- The Secretary shall expedite the use of appropriate unexploded ordnance detection instrument technology developed through research funded by the Department of Defense or developed by entities other than the Department of Defense.
(b) Report- Not later than October 1, 2009, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report describing and evaluating the following:
(1) The amounts allocated for research, development, test, and evaluation for unexploded ordnance detection technologies.
(2) The amounts allocated for transition of new unexploded ordnance detection technologies.
(3) Activities undertaken by the Department to transition such technologies and train operators on emerging detection instrument technologies.
(4) Any impediments to the transition of new unexploded ordnance detection instrument technologies to regular operation in remediation programs.
(5) The transfer of such technologies to private sector entities involved in the detection of unexploded ordnance.
(6) Activities undertaken by the Department to raise public awareness regarding unexploded ordnance.
(c) Unexploded Ordnance Defined- In this section, the term `unexploded ordnance' has the meaning given such term in section 101(e)(5) of title 10, United States Code.

SEC. 315. CLOSED LOOP RE-REFINING OF USED MOTOR VEHICLE LUBRICATING OIL.[edit]

(a) Study and Evaluation- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report which reviews the Department of Defense's policies concerning the re-use, recycling, sale, and disposal of used motor vehicle lubricating oil, and shall include in the report an evaluation of the feasibility and desirability of implementing policies to require re-use or recycling through closed loop re-refining of used oil as a means of reducing total indirect energy usage and greenhouse gas emissions.
(b) Definition- For purposes of this section, the term `closed loop re-refining' means the sale of used oil to entities that re-refine used oil into base oil and vehicle lubricants that meet Department of Defense and industry standards, and the purchase of re-refined oil produced through such re-refining process.

SEC. 316. COMPREHENSIVE PROGRAM FOR THE ERADICATION OF THE BROWN TREE SNAKE POPULATION FROM MILITARY FACILITIES IN GUAM.[edit]

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

Subtitle C—Workplace and Depot Issues[edit]

Sec. 321. COMPREHENSIVE ANALYSIS AND DEVELOPMENT OF SINGLE GOVERNMENT-WIDE DEFINITION OF INHERENTLY GOVERNMENTAL FUNCTION AND CRITERIA FOR CRITICAL FUNCTIONS.[edit]

(a) Development and Implementation.—
The Director of the Office of Management and Budget, in consultation with appropriate representatives of the Chief Acquisition Officers Council under section 16A of the Office of Federal Procurement Policy Act (41 U.S.C. 414b) and the Chief Human Capital Officers Council under section 1401 of title 5, United States Code, shall—
(1) review the definitions of the term `inherently governmental function' described in subsection (b) to determine whether such definitions are sufficiently focused to ensure that only officers or employees of the Federal Government or members of the Armed Forces perform inherently governmental functions or other critical functions necessary for the mission of a Federal department or agency;
(2) develop a single consistent definition for such term that would—
(A) address any deficiencies in the existing definitions, as determined pursuant to paragraph (1);
(B) reasonably apply to all Federal departments and agencies; and
(C) ensure that the head of each such department or agency is able to identify each position within that department or agency that exercises an inherently governmental function and should only be performed by officers or employees of the Federal Government or members of the Armed Forces;
(3) develop criteria to be used by the head of each such department or agency to—
(A) identify critical functions with respect to the unique missions and structure of that department or agency; and
(B) identify each position within that department or agency that, while the position may not exercise an inherently governmental function, nevertheless should only be performed by officers or employees of the Federal Government or members of the Armed Forces to ensure the department or agency maintains control of its mission and operations;
(4) in addition to the actions described under paragraphs (1), (2), and (3), provide criteria that would identify positions within Federal departments and agencies that are to be performed by officers or employees of the Federal Government or members of the Armed Forces to ensure that the head of each Federal department or agency—
(A) develops and maintains sufficient organic expertise and technical capability;
(B) develops guidance to implement the definition of inherently governmental as described in paragraph (2) and the criteria for critical functions as described in paragraph (3) in a manner that is consistent with agency missions and operational goals; and
(C) develops guidance to manage internal decisions regarding staffing in an integrated manner to ensure officers or employees of the Federal Government or members of the Armed Forces are filling critical management roles by identifying—
(i) functions, activities, or positions, or some combination thereof, or
(ii) additional mechanisms and factors, including the management or oversight of awarded contracts, statutory mandates, and international obligations; and
(5) solicit the views of the public regarding the matters identified in this section.
(b) Definitions of Inherently Governmental Function.—
The definitions of inherently governmental function described in this subsection are the definitions of such term that are contained in—
(1) the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270]; 31 U.S.C. 501 note);
(2) section 2383 of title 10, United States Code;
(3) Office of Management and Budget Circular A-76;
(4) the Federal Acquisition Regulation; and
(5) any other relevant Federal law or regulation, as determined by the Director of the Office of Management and Budget in consultation with the Chief Acquisition Officers Council and the Chief Human Capital Officers Council.
(c) Report to Congress.—
Not later than one year after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Chief Acquisition Officers Council and the Chief Human Capital Officers Council, shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Homeland Security and Governmental Affairs in the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report on the actions taken by the Director under this section. Such report shall contain each of the following:
(1) A description of the actions taken by the Director under this section to develop a single definition of inherently governmental function and criteria for critical functions.
(2) Such legislative recommendations as the Director determines are necessary to further the purposes of this section.
(3) A description of such steps as may be necessary—
(A) to ensure that the single definition and criteria developed under this section are consistently applied through all Federal regulations, circulars, policy letters, agency guidance, and other documents;
(B) to repeal any existing Federal regulations, circular, policy letters, agency guidance and other documents determined to be superseded by the definition and criteria developed under this section; and
(C) to develop any necessary implementing guidance under this section for agency staffing and contracting decisions, along with appropriate milestones.
(d) Regulations.—
Not later than 180 days after submission of the report required by subsection (c), the Director of the Office of Management and Budget shall issue regulations to implement actions taken under this section to develop a single definition of inherently governmental function and criteria for critical functions.

SEC. 322. STUDY ON FUTURE DEPOT CAPABILITY.[edit]

(a) Study Required- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an independent research entity that is a not-for-profit entity or a federally-funded research and development center with appropriate expertise in logistics and logistics analytical capability to carry out a study on the capability and efficiency of the depots of the Department of Defense to provide the logistics capabilities and capacity necessary for national defense.
(b) Contents of Study- The study carried out under subsection (a) shall--
(1) be a quantitative analysis of the post-reset Department of Defense depot capability required to provide life cycle sustainment of military legacy systems and new systems and military equipment;
(2) take into consideration direct input from the Secretary of Defense and the logistics and acquisition leadership of the military departments, including materiel support and depot commanders;
(3) take into consideration input from regular and reserve components of the Armed Forces, both with respect to requirements for sustainment-level maintenance and the capability and capacity to perform depot-level maintenance and repair;
(4) identify and address each type of activity carried out at depots, installation directorates of logistics, regional sustainment-level maintenance sites, reserve component maintenance capability sites, theater equipment support centers, and Army field support brigade capabilities;
(5) examine relevant guidance provided and regulations prescribed by the Secretary of Defense and the Secretary of each of the military departments, including with respect to programming and budgeting and the annual budget displays provided to Congress; and
(6) examine any relevant applicable laws, including the relevant body of work performed by the Government Accountability Office.
(c) Issues to Be Addressed- The study required under subsection (a) shall address each of the following issues with respect to depots and depot capabilities:
(1) The life cycle sustainment maintenance strategies and implementation plans of the Department of Defense and the military departments that cover--
(A) the role of each type of maintenance activity;
(B) business operations;
(C) workload projection;
(D) outcome-based performance management objectives;
(E) the adequacy of information technology systems, including workload management systems;
(F) the workforce, including skills required and development;
(G) budget and fiscal planning policies; and
(H) capital investment strategies, including the implementation of section 2476 of title 10, United States Code.
(2) Current and future maintenance environments, including--
(A) performance-based logistics;
(B) supply chain management;
(C) condition-based maintenance;
(D) reliability-based maintenance;
(E) consolidation and centralization, including--
(i) regionalization;
(ii) two-level maintenance; and
(iii) forward-based depot capacity;
(F) public-private partnerships;
(G) private-sector depot capability and capacity; and
(H) the impact of proprietary technical documentation.
(3) The adequate visibility of the maintenance workload of each military department in reports submitted to Congress, including--
(A) whether the depot budget lines in current budget displays accurately reflect depot level workloads;
(B) the accuracy of core and 50/50 calculations;
(C) the usefulness of current reporting requirements to the oversight function of senior military and congressional leaders; and
(D) whether current budgetary guidelines provide sufficient financial flexibility during the year of execution to permit the heads of the military departments to make best-value decisions between maintenance activities.
(4) Such other information as determined relevant by the entity carrying out the study.
(d) Availability of Information- The Secretary of Defense and the Secretaries of each of the military departments shall make available to the entity carrying out the study under subsection (a) all necessary and relevant information to allow the entity to conduct the study in a quantitative and analytical manner.
(e) Reports to Committees on Armed Services-
(1) INTERIM REPORT- The contract that the Secretary enters into under subsection (a) shall provide that not later than one year after the commencement of the study conducted under this section, the chief executive officer of the entity that carries out the study pursuant to the contract shall submit to the Committees on Armed Services of the Senate and House of Representatives an interim report on the study.
(2) FINAL REPORT- Such contract shall provide that not later than 22 months after the date on which the Secretary of Defense enters into the contract under subsection (a), the chief executive officer of the entity that carries out the study pursuant to the contract shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report on the study. The report shall include each of the following:
(A) A description of the depot maintenance environment, as of the date of the conclusion of the study, and the anticipated future environment, together with the quantitative data used in conducting the assessment of such environments under the study.
(B) Recommendations with respect to what would be required to maintain, in a post-reset environment, an efficient and enduring Department of Defense depot capability necessary for national defense.
(C) Recommendations with respect to any changes to any applicable law that would be appropriate for a post-reset depot maintenance environment.
(D) Recommendations with respect to the methodology of the Department of Defense for determining core logistics requirements, including an assessment of risk.
(E) Proposed business rules that would provide incentives for the Secretary of Defense and the Secretaries of the military departments to keep Department of Defense depots efficient and cost effective, including the workload level required for efficiency.
(F) A proposed strategy for enabling, requiring, and monitoring the ability of the Department of Defense depots to produce performance-driven outcomes and meet materiel readiness goals with respect to availability, reliability, total ownership cost, and repair cycle time.
(G) Comments provided by the Secretary of Defense and the Secretaries of the military departments on the findings and recommendations of the study.
(f) Comptroller General Review- Not later than 90 days after the date on which the report under subsection (e)(2) is submitted, the Comptroller General shall review the report and submit to the Committees on Armed Services of the Senate and House of Representatives an assessment of the feasibility of the recommendations and whether the findings are supported by the data and information examined.
(g) Definitions- In this section:
(1) The term `depot-level maintenance and repair' has the meaning given that term under section 2460 of title 10, United States Code.
(2) The term `reset' means actions taken to repair, enhance, or replace military equipment used in support of operations underway as of the date of the enactment of this Act and associated sustainment.
(3) The term `military equipment' includes all weapon systems, weapon platforms, vehicles and munitions of the Department of Defense, and the components of such items.

SEC. 323. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF HIGH-PERFORMING ORGANIZATIONS.[edit]

Not later than 120 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a review on the high-performing organization initiatives of the Department of Defense. The review shall include each of the following for each such initiative reviewed:

(1) Any policies or guidance developed to implement the initiative.
(2) Whether the initiative was undertaken pursuant to the pilot project under section 337 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 113 note) or under Office of Management and Budget Circular A-76.
(3) The cost of development and implementation of the initiative.
(4) Any cost savings and overall financial improvements promised or realized by reason of the initiative and an analysis of how such savings or improvements were calculated.
(5) Whether criteria were developed to measure the performance, efficiency, and effectiveness improvements of the initiative.
(6) The effect of the initiative on the workforce, including any relocations, change in collective bargaining status, or reductions in force that may have resulted.
(7) Whether and to what extent employees and their representatives were consulted in the development and implementation of the initiative.

SEC. 324. CONSOLIDATION OF AIR FORCE AND AIR NATIONAL GUARD AIRCRAFT MAINTENANCE.[edit]

(a) Restriction on Implementation of Consolidation- The Secretary of the Air Force shall not implement the consolidation of aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard or the consolidation of aircraft repair facilities and personnel of the Air National Guard with aircraft repair facilities and personnel of the active Air Force unless and until the Secretary of the Air Force submits the reports required by (b) and (c), the Chief of the National Guard Bureau submits the assessment required by subsection (d), and the Secretary of Defense submits the certification required by subsection (e).
(b) Report on Criteria- Not later than 30 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report stating all the criteria being used by the Department of the Air Force and the Rand Corporation to evaluate the feasibility of consolidating Air Force maintenance functions into organizations that would integrate active, Guard, and Reserve components into a total-force approach. The report shall include the assumptions that were provided to or developed by the Rand Corporation for their study of the feasibility of the consolidation proposal.
(c) Report on Feasibility Study- At least 90 days before any consolidation of aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the findings of the Rand Corporation feasibility study and the Rand Corporation's recommendations, the Air Force's assessment of the findings and recommendations, any plans developed for implementation of the consolidation, and a delineation of all infrastructure costs anticipated as a result of implementation.
(d) Assessment by Chief of the National Guard Bureau- Not later than 30 days after the date on which the report required by subsection (c) is submitted, the Chief of the National Guard Bureau shall submit to the Committees on Armed Services of the Senate and House of Representatives a written assessment of--
(1) the proposed actions to consolidate aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard by the Secretary of the Air Force; and
(2) the information included in the report required by subsection (c).
(e) Certification by the Secretary of Defense- After the Secretary of the Air Force submits the reports required by subsections (b) and (c), and before any consolidation of aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard by the Secretary of the Air Force, the Secretary of Defense shall certify that such consolidation is in the national interest and will not adversely affect recruitment, retention, or execution of the Air National Guard mission in the individual States.

SEC. 325. REPORT ON AIR FORCE CIVILIAN PERSONNEL CONSOLIDATION PLAN.[edit]

(a) Report Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the Air Force plan for implementing the direction of the Base Realignment and Closure Commission for the consolidation of transactional workloads from the civilian personnel offices within the service components and defense agencies, retaining sufficient positions and personnel at the large civilian centers to perform the personnel management advisory services, including non-transactional functions, necessary to support the civilian workforce.
(b) Contents of Report- At a minimum, the report required by subsection (a) shall address the steps taken by the Air Force to ensure that such direction is implemented in a manner that best meets the future needs of the Air Force, and shall address each of the following:
(1) The anticipated positive or negative effect on the productivity and mission accomplishment of the managed workforces at the different commands.
(2) The potential future efficiencies to be achieved through an enterprise-wide transformation of civilian personnel services.
(3) The size and complexity of the civilian workforce.
(4) The extent to which mission accomplishment is dependent upon the productivity of the civilian workforce.
(5) Input from the commanders of the large civilian centers regarding the effect of consolidation on workforce productivity and costs.
(6) The status of ongoing consolidation efforts at the Air Force Personnel Center at Randolph Air Force Base, Texas, and the target timelines for delivery of services to the various installations.
(7) The advantages and disadvantages of retaining certain personnel management and advisory services functions at the large civilian centers under local command authority to include on-site control of staffing of positions filled through internal or external recruitment processes, employee management relations, labor force planning and management, and managing workers compensation programs.
(8) The standards and timeliness for transitioning the personnel classifications currently performed by large civilian centers, the transition plan, particularly as it assures ready access to classifications needed for staffing and other purposes by the large civilian centers, and the expected performance and evaluation standards for providing classification services to the large civilian centers once the transition is complete.
(c) Updates of Report- The Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives biannual updates of the report required under subsection (a) until January 3, 2012.

SEC. 326. REPORT ON REDUCTION IN NUMBER OF FIREFIGHTERS ON AIR FORCE BASES.[edit]

To ensure that the Air Force is meeting the minimum safety standards for staffing, equipment, and training, as required by Department of Defense Installation and Environment Instruction 6055.6, the Secretary of the Air Force shall submit to Congress, by not later than 90 days after the date of the enactment of this Act, a report on the effects of the reduction in the number of fire fighters on Air Force bases during the three fiscal years preceding the fiscal year in which the report is submitted. Such report shall include each of the following:

(1) An evaluation of current fire fighting capability of the Air Force and whether the reduction in the number of fire fighters on Air Force bases has increased the risk of harm to either fire fighters or those they may serve in response to an emergency.
(2) An evaluation of whether adequate capability exists in the municipal communities surrounding the Air Force bases covered by the report to support a base aircraft rescue or to respond to a fire involving a combat aircraft, cargo aircraft, or weapon system.
(3) An evaluation of the effects that the reductions in fire fighting personnel or functions have had on the certifications of Air Force base fire departments.
(4) If the Secretary determines that reductions in the number of fire fighting personnel during the fiscal years covered by the report have negatively affected the ability of fire fighters on Air Forces bases to perform their missions, a plan to restore the fire fighting personnel needed to adequately support such missions.

SEC. 327. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.[edit]

(a) Additional Army Depots- Subsection (e)(1) of section 2476 of title 10, United States Code, is amended by adding at the end the following new subparagraphs:
`(F) Watervliet Arsenal, New York.
`(G) Rock Island Arsenal, Illinois.
`(H) Pine Bluff Arsenal, Arkansas.'.
(b) Separate Consideration and Reporting of Navy Depots and Marine Corps Depots- Such section is further amended--
(1) in subsection (d)(2), by adding at the end the following new subparagraph:
`(D) Separate consideration and reporting of Navy Depots and Marine Corps depots.'; and
(2) in subsection (e)(2)--
(A) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively, and indenting the margins of such clauses, as so redesignated, 6 ems from the left margin;
(B) by inserting after `Department of the Navy:' the following:
`(A) The following Navy depots:';
(C) by inserting after clause (vii), as redesignated by subparagraph (A), the following:
`(B) The following Marine Corps depots:'; and
(D) by redesignating subparagraphs (H) and (I) as clauses (i) and (ii), respectively, and indenting the margins of such clauses, as so redesignated, 6 ems from the left margin.

Subtitle D—Energy Security[edit]

SEC. 331. ANNUAL REPORT ON OPERATIONAL ENERGY MANAGEMENT AND IMPLEMENTATION OF OPERATIONAL ENERGY STRATEGY.[edit]

(a) Report Required- Section 2925 of title 10, United States Code, is amended by striking subsection (b) and inserting the following new subsection:
`(b) Annual Report Related to Operational Energy- (1) Simultaneous with the annual report required by subsection (a), the Secretary of Defense, acting through the Director of Operational Energy Plans and Programs, shall submit to the congressional defense committees a report on operational energy management and the implementation of the operational energy strategy established pursuant to section 139b of this title.
`(2) The annual report under this subsection shall address and include the following:
`(A) Statistical information on operational energy demands, in terms of expenditures and consumption, for the preceding five fiscal years, including funding made available in regular defense appropriations Acts and any supplemental appropriation Acts.
`(B) An estimate of operational energy demands for the current fiscal year and next fiscal year, including funding requested to meet operational energy demands in the budget submitted to Congress under section 1105 of title 31 and in any supplemental requests.
`(C) A description of each initiative related to the operational energy strategy and a summary of funds appropriated for each initiative in the previous fiscal year and current fiscal year and requested for each initiative for the next five fiscal years.
`(D) An evaluation of progress made by the Department of Defense--
`(i) in implementing the operational energy strategy, including the progress of key initiatives and technology investments related to operational energy demand and management; and
`(ii) in meeting the operational energy goals set forth in the strategy.
`(E) Such recommendations as the Director considers appropriate for additional changes in organization or authority within the Department of Defense to enable further implementation of the energy strategy and such other comments and recommendations as the Director considers appropriate.
`(3) If a report under this subsection is submitted in a classified form, the Secretary shall concurrently submit to the congressional defense committees an unclassified version of the information required by this subsection.
`(4) In this subsection, the term `operational energy' means the energy required for training, moving, and sustaining military forces and weapons platforms for military operations. The term includes energy used by tactical power systems and generators and weapons platforms.'.
(b) Clerical Amendments-
(1) SECTION HEADING- The heading of such section is amended to read as follows:
`Sec. 2925. Annual Department of Defense energy management reports'.
(2) TABLE OF SECTIONS- The table of sections at the beginning of subchapter III of chapter 173 of such title is amended by striking the item relating to section 2925 and inserting the following new item:
`2925. Annual Department of Defense energy management reports.'.

SEC. 332. CONSIDERATION OF FUEL LOGISTICS SUPPORT REQUIREMENTS IN PLANNING, REQUIREMENTS DEVELOPMENT, AND ACQUISITION PROCESSES.[edit]

(a) Planning- In the case of analyses and force planning processes that are used to establish capability requirements and inform acquisition decisions, the Secretary of Defense shall require that analyses and force planning processes consider the requirements for, and vulnerability of, fuel logistics.
(b) Capability Requirements Development Process- The Secretary of Defense shall develop and implement a methodology to enable the implementation of a fuel efficiency key performance parameter in the requirements development process for the modification of existing or development of new fuel consuming systems.
(c) Acquisition Process- The Secretary of Defense shall require that the life-cycle cost analysis for new capabilities include the fully burdened cost of fuel during analysis of alternatives and evaluation of alternatives and acquisition program design trades.
(d) Implementation Plan- The Secretary of Defense shall prepare a plan for implementing the requirements of this section. The plan shall be completed not later than 180 days after the date of the enactment of this Act and provide for the implementation of the requirements by not later than three years after the date of the enactment of this Act.
(e) Progress Report- Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing progress made to implement the requirements of this section, including an assessment of whether the implementation plan required by section (d) is being carried out on schedule.
(f) Notification of Compliance- As soon as practicable during the three-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall notify the congressional defense committees that the Secretary has complied with the requirements of this section. If the Secretary is unable to provide the notification, the Secretary shall submit to the congressional defense committees at the end of the three-year period a report containing--
(1) an explanation of the reasons why the requirements, or portions of the requirements, have not been implemented; and
(2) a revised plan under subsection (d) to complete implementation or a rationale regarding why portions of the requirements cannot or should not be implemented.
(g) Fully Burdened Cost of Fuel Defined- In this section, the term `fully burdened cost of fuel' means the commodity price for fuel plus the total cost of all personnel and assets required to move and, when necessary, protect the fuel from the point at which the fuel is received from the commercial supplier to the point of use.

SEC. 333. STUDY ON SOLAR AND WIND ENERGY FOR USE FOR EXPEDITIONARY FORCES.[edit]

(a) Study Required- The Secretary of Defense shall conduct a study to examine the feasibility of using solar and wind energy to provide electricity for expeditionary forces.
(b) Matters Examined- In conducting the study required by subsection (a), the Secretary shall examine, at a minimum, each of the following:
(1) The potential for solar and wind energy to reduce the fuel supply needed to provide electricity for expeditionary forces and the extent to which such reduction will decrease the risk of casualties by reducing the number of convoys needed to supply fuel to forward operating locations.
(2) The cost of using solar and wind energy to provide electricity.
(3) The potential savings of using solar and wind energy to provide electricity compared to current methods.
(4) The environmental benefits of using solar and wind energy to provide electricity instead of the current methods.
(5) The sustainability and operating requirements of solar and wind energy systems for providing electricity compared to current methods.
(6) Potential opportunities for experimenting with the use of deployable solar and wind energy systems in current training environments, including remote areas of training ranges.
(c) Report- Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the study required by subsection (a).

SEC. 334. STUDY ON ALTERNATIVE AND SYNTHETIC FUELS.[edit]

(a) Study Required- The Secretary of Defense shall conduct a study on alternatives to reduce the life cycle emissions of alternative and synthetic fuels (including coal-to-liquid fuels).
(b) Matters Examined- The study shall examine, at a minimum, the following:
(1) The potential clean energy alternatives for powering the conversion processes, including nuclear, solar, and wind energies.
(2) The alternatives for reducing carbon emissions during the conversion processes.
(3) The military utility of domestically-produced alternative and synthetic fuels for military operations and for use by expeditionary forces compared with the military utility and life cycle emissions of mobile, in-theater synthetic fuel processes.
(4) The goals and progress of the military departments related to the research, testing, and certification for use of alternative or synthetic fuels in military vehicles and aircraft.
(5) An analysis of trends, levels of investment, and the development of refining capacity in the alternative or synthetic fuel industry capable of meeting fuel requirements for the Department of Defense.
(c) Use of Federally Funded Research and Development Center- The Secretary of Defense shall select a federally funded research and development center to perform the study required by subsection (a).
(d) Report- Not later than March 1, 2009, the federally funded research and development center shall submit to the congressional defense committees and the Secretary of Defense a report on the results of the study required by subsection (a).

SEC. 335. MITIGATION OF POWER OUTAGE RISKS FOR DEPARTMENT OF DEFENSE FACILITIES AND ACTIVITIES.[edit]

(a) Risk Assessment- The Secretary of Defense shall conduct a comprehensive technical and operational risk assessment of the risks posed to mission critical installations, facilities, and activities of the Department of Defense by extended power outages resulting from failure of the commercial electricity supply or grid and related infrastructure.
(b) Risk Mitigation Plans-
(1) IN GENERAL- The Secretary of Defense shall develop integrated prioritized plans to eliminate, reduce, or mitigate significant risks identified in the risk assessment under subsection (a).
(2) ADDITIONAL CONSIDERATIONS- In developing the risk mitigation plans under paragraph (1), the Secretary of Defense shall--
(A) prioritize the mission critical installations, facilities, and activities that are subject to the greatest and most urgent risks; and
(B) consider the cost effectiveness of risk mitigation options.
(c) Annual Report-
(1) IN GENERAL- The Secretary of Defense shall submit a report on the efforts of the Department of Defense to mitigate the risks described in subsection (a) as part of the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2010 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31, United States Code).
(2) CONTENT- Each report submitted under paragraph (1) shall describe the integrated prioritized plans developed under subsection (b) and the progress made toward achieving the goals established under such subsection.

Subtitle E—Reports[edit]

SEC. 341. COMPTROLLER GENERAL REPORT ON READINESS OF ARMED FORCES.[edit]

(a) Report Required-
(1) IN GENERAL- Not later than June 1, 2009, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the readiness of the regular and reserve components of the Armed Forces. The report shall be unclassified but may contain a classified annex.
(2) ONE OR MORE REPORTS- In complying with the requirements of this section, the Comptroller General may submit a single report addressing all the elements specified in subsection (b) or two or more reports addressing any combination of such elements.
(b) Elements- The elements specified in this subsection are the following:
(1) An analysis of the readiness status, as of the date of the enactment of this Act, of the regular and reserve components of the Army and the Marine Corps, including any significant changes in any trends with respect to such components since 2001.
(2) An analysis of the readiness status, as of such date, of the regular and reserve components of the Air Force and the Navy, including a description of any major factors that affect the ability of the Navy or Air Force to provide trained and ready forces for ongoing operations and to meet overall readiness goals.
(3) An analysis of the efforts of the Secretary of each military department to address any major factors affecting the readiness of the regular and reserve components under the jurisdiction of that Secretary.

SEC. 342. REPORT ON PLAN TO ENHANCE COMBAT SKILLS OF NAVY AND AIR FORCE PERSONNEL.[edit]

(a) Report Required- At the same time as the budget for fiscal year 2010 is submitted to Congress under section 1105(a) of title 31, United States Code, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on--
(1) the plans of the Secretary of the Navy to improve the combat skills of the members of the Navy; and
(2) the plans of the Secretary of the Air Force to improve the combat skills of the members of the Air Force.
(b) Elements of Report- The report required under subsection (a) shall include each of the following:
(1) The criteria that the Secretary of the Air Force and the Secretary of the Navy use to select permanent sites for their Common Battlefield Airmen Training and Expeditionary Combat Skills courses.
(2) An identification of the extent to which the Secretary of the Navy and Secretary of the Air Force coordinated with each other and with the Secretary of the Army and the Commandant of the Marine Corps with respect to their plans to expand combat skills training for members of the Navy and Air Force, respectively, together with a complete list of bases or locations that were considered as possible sites for the coordinated training.
(3) The estimated implementation and sustainment costs for the Air Force Common Battlefield Airmen Training and Navy Expeditionary Combat Skills courses.
(4) The estimated cost savings, if any, which could result by carrying out such combat skills training at existing Department of Defense facilities or by using existing ground combat training resources.

SEC. 343. COMPTROLLER GENERAL REPORT ON THE USE OF THE ARMY RESERVE AND NATIONAL GUARD AS AN OPERATIONAL RESERVE.[edit]

(a) Report Required- Not later than June 1, 2009, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of the Army Reserve and Army National Guard forces as an operational reserve.
(b) Elements- The report required by subsection (a) shall include a description of current and programmed resources, force structure, and organizational challenges that the Army Reserve and Army National Guard forces may face serving as an operational reserve, including--
(1) force structure;
(2) manning;
(3) equipment availability, maintenance, and logistics issues;
(4) training constraints limiting access to--
(A) facilities and ranges, including the Combat Training Centers; and
(B) military schools and skill training; and
(5) any conflicts with requirements under title 32, United States Code.

SEC. 344. COMPTROLLER GENERAL REPORT ON LINK BETWEEN PREPARATION AND USE OF ARMY RESERVE COMPONENT FORCES TO SUPPORT ONGOING OPERATIONS.[edit]

(a) Report Required- Not later than June 1, 2009, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the correlation between the preparation and operational use of the Army's reserve component forces.
(b) Elements- The report required by subsection (a) shall include--
(1) an analysis of the Army's training relative to the employment of reserve component units--
(A) to execute the wartime or primary missions of the Army for which the units are designed; and
(B) to execute missions to which such units are assigned, as of the date of the enactment of this Act, in support of ongoing operations in Iraq and Afghanistan, including factors affecting unit or individual preparation, the effect of notification timelines, and access to training facilities, including the Combat Training Centers;
(2) an analysis of the effect of mobilization and deployment laws, regulations, goals, and policies on the Army's ability to train and employ reserve component units for the purposes described in paragraph (1); and
(3) any other information that the Comptroller General determines is relevant.

SEC. 345. COMPTROLLER GENERAL REPORT ON ADEQUACY OF FUNDING, STAFFING, AND ORGANIZATION OF DEPARTMENT OF DEFENSE MILITARY MUNITIONS RESPONSE PROGRAM.[edit]

(a) Report Required- Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the adequacy of the funding, staffing, and organization of the Military Munitions Response Program of the Department of Defense.
(b) Elements- The report required by subsection (a) shall include--
(1) an analysis of the funding, staffing, and organization of the Military Munitions Response Program; and
(2) an assessment of the Program mechanisms for the accountability, reporting, and monitoring of the progress of munitions response projects and methods to reduce the length of time of such projects.

Subtitle F—Other Matters[edit]

SEC. 351. EXTENSION OF ENTERPRISE TRANSITION PLAN REPORTING REQUIREMENT.[edit]

Section 2222(i) of title 10, United States Code, is amended by striking `2009' and inserting `2013'.

SEC. 352. DEMILITARIZATION OF LOANED, GIVEN, OR EXCHANGED DOCUMENTS, HISTORICAL ARTIFACTS, AND CONDEMNED OR OBSOLETE COMBAT MATERIEL.[edit]

Section 2572(d) of title 10, United States Code, is amended--

(1) in paragraph (1), by adding at the end the following new sentence: `The Secretary concerned shall ensure that an item authorized to be donated under this section is demilitarized in the interest of public safety, as determined necessary by the Secretary or the Secretary's delegee.'; and
(2) in paragraph (2)(A), by inserting before the period at the end the following: `, including any expense associated with demilitarizing an item under paragraph (1), for which the recipient of the item shall be responsible'.

SEC. 353. REPEAL OF REQUIREMENT THAT SECRETARY OF AIR FORCE PROVIDE TRAINING AND SUPPORT TO OTHER MILITARY DEPARTMENTS FOR A-10 AIRCRAFT.[edit]

(a) Repeal- Chapter 901 of title 10, United States Code, is amended by striking section 9316.
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by striking the item relating to section 9316.

SEC. 354. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR AIR SOVEREIGNTY ALERT MISSION.[edit]

(a) Submission With Annual Budget Justification Documents- For fiscal year 2010 and each subsequent fiscal year, the Secretary of Defense shall submit to the President, for consideration by the President for inclusion with the budget materials submitted to Congress under section 1105(a) of title 31, United States Code, a consolidated budget justification display that covers all programs and activities of the Air Sovereignty Alert mission of the Air Force.
(b) Requirements for Budget Display- The budget display under subsection (a) for a fiscal year shall include for such fiscal year the following:
(1) The funding requirements for the Air Sovereignty Alert mission, and the associated Command and Control mission, including such requirements for--
(A) military personnel costs;
(B) flying hours; and
(C) any other associated mission costs.
(2) The amount in the budget for the Air Force for each of the items referred to in paragraph (1).
(3) The amount in the budget for the Air National Guard for each such item.

SEC. 355. REVISION OF CERTAIN AIR FORCE REGULATIONS REQUIRED.[edit]

(a) Revision Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall revise the Air Freight Transportation Regulation Number 5, dated January 15, 1999, to conform with Defense Transportation Regulations to ensure that freight covered by Air Freight Transportation Regulation Number 5 is carried in accordance with commercial best practices that are based upon a mode-neutral approach.
(b) Mode-Neutral Approach Defined- For purposes of this section, the term `mode-neutral approach' means a method of shipment that allows a shipper to choose a carrier with a time-definite performance standard for delivery without specifying a particular mode of conveyance and allows the carrier to select the mode of conveyance using best commercial practices as long as the mode of conveyance can reasonably be expected to ensure the time-definite delivery requested by the shipper.

SEC. 356. TRANSFER OF C-12 AIRCRAFT TO CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION.[edit]

(a) Authority- The Secretary of the Army may convey to the California Department of Forestry and Fire Protection (hereinafter in this section referred to as `CAL FIRE') all right, title, and interest of the United States in three C-12 aircraft that the Secretary has determined are surplus to need.
(b) Conveyance at No Cost to the United States- The conveyance of an aircraft authorized by this section shall be made at no cost to the United States. Any costs associated with such conveyance, costs of determining compliance with terms of the conveyance, and costs of operation and maintenance of the aircraft conveyed shall be borne by CAL FIRE.

SEC. 357. LIMITATION ON TREATMENT OF RETIRED B-52 AIRCRAFT FOR AIR COMBAT COMMAND HEADQUARTERS.[edit]

Section 131(a)(4) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2111), as amended by section 137(a)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 32), is further amended by striking `may use not more than 2 such aircraft for maintenance ground training' and inserting `may use not more than 4 such aircraft for maintenance ground training'.

SEC. 358. INCREASE OF DOMESTIC BREEDING OF MILITARY WORKING DOGS USED BY THE DEPARTMENT OF DEFENSE.[edit]

(a) Increased Capacity- The Secretary of Defense, acting through the Executive Agent for Military Working Dogs (hereinafter in this section referred to as the `Executive Agent'), shall--
(1) identify the number of military working dogs required to fulfill the various missions of the Department of Defense for which such dogs are used, including force protection, facility and check point security, and explosives and drug detection;
(2) take such steps as are practicable to ensure an adequate number of military working dog teams are available to meet and sustain the mission requirements identified in paragraph (1);
(3) ensure that the Department's needs and performance standards with respect to military working dogs are readily available to dog breeders and trainers; and
(4) coordinate with other Federal, State, or local agencies, nonprofit organizations, universities, or private sector entities, as appropriate, to increase the training capacity for military working dog teams.
(b) Military Working Dog Procurement- The Secretary, acting through the Executive Agent shall work to ensure that military working dogs are procured as efficiently as possible and at the best value to the Government, while maintaining the necessary level of quality and encouraging increased domestic breeding.
(c) Military Working Dog Defined- For purposes of this section, the term `military working dog' means a dog used in any official military capacity, as defined by the Secretary of Defense.