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

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== TITLE XII — MATTERS RELATING TO FOREIGN NATIONS ==

Contents

Subtitle A--Assistance and Training[edit]

SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CAPACITY OF THE PAKISTAN FRONTIER CORPS.[edit]

(a) Authority- Subsection (a) of section 1206 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 366) is amended by striking `during fiscal year 2008' and inserting `during fiscal years 2008 and 2009'.
(b) Funding Limitation- Subsection (c)(1) of such section is amended by inserting after `fiscal year 2008' the following: `and up to $25,000,000 of funds available to the Department of Defense for operation and maintenance for fiscal year 2009'.

SEC. 1202. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS FOR MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.[edit]

(a) In General- Section 168(e) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(5) Funds available to carry out this section shall be available, to the extent provided in appropriations Acts, for programs or activities under this section that begin in a fiscal year and end in the following fiscal year.'.
(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2008, and shall apply with respect to programs and activities under section 168 of title 10, United States Code, as so amended, that begin on or after that date.

SEC. 1203. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS TO PAY INCREMENTAL EXPENSES FOR PARTICIPATION OF DEVELOPING COUNTRIES IN COMBINED EXERCISES.[edit]

(a) In General- Section 2010 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection:
`(d) Funds available to carry out this section shall be available, to the extent provided in appropriations Acts, for bilateral or multilateral military exercises that begin in a fiscal year and end in the following fiscal year.'.
(b) Effective Date- The amendments made by subsection (a) shall take effect on October 1, 2008, and shall apply with respect to bilateral and multilateral military exercises described in section 2010 of title 10, United States Code, as so amended, that begin on or after that date.

SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND MILITARY EQUIPMENT FOR PERSONNEL PROTECTION AND SURVIVABILITY.[edit]

(a) Semiannual Reports to Congressional Committees- Subsection (b)(3) of section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2412) is amended by adding at the end the following new subparagraph:
`(E) With respect to equipment provided to each foreign force that is not returned to the United States, a description of the terms of disposition of the equipment to the foreign force.
`(F) The percentage of equipment provided to foreign forces under the authority of this section that is not returned to the United States.'.
(b) Expiration- Subsection (e) of such section, as amended by section 1252(b) of National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 402), is further amended by striking `September 30, 2009' and inserting `September 30, 2011'.

SEC. 1205. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN PERSONNEL OF EDUCATION AND TRAINING MATERIALS AND INFORMATION TECHNOLOGY TO ENHANCE MILITARY INTEROPERABILITY WITH THE ARMED FORCES.[edit]

(a) Authority for Distribution-
(1) IN GENERAL- Subchapter I of chapter 134 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 2249d. Distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability with the armed forces
`(a) 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--
`(1) provide to personnel referred to in subsection (b) electronically-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
`(2) 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.
`(b) 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.
`(c) Education and Training- Any education and training provided under subsection (a) shall include the following:
`(1) Internet-based education and training.
`(2) Advanced distributed learning and similar Internet learning tools, as well as distributed training and computer-assisted exercises.
`(d) 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.
`(e) Guidance on Utilization of Authority-
`(1) GUIDANCE REQUIRED- The Secretary of Defense shall develop and issue guidance on the procedures for the use of the authority in this section.
`(2) MODIFICATION- If the Secretary modifies the guidance issued under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report setting forth the modified guidance not later than 30 days after the date of such modification.
`(f) Annual Report-
`(1) REPORT REQUIRED- Not later than October 31 following each fiscal year in which the authority in this section is used, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the exercise of the authority during such fiscal year.
`(2) ELEMENTS- Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following:
`(A) A statement of the recipients of learning content and information technology provided under this section.
`(B) A description of the type, quantity, and value of the learning content and information technology provided under this section.
`(g) Appropriate Committees of Congress Defined- In this section, the term `appropriate committees of Congress' means--
`(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
`(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter I of chapter 134 of such title is amended by adding at the end the following new item:
`2249d. Distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability with the armed forces.'.
(b) Guidance on Utilization of Authority-
(1) SUBMITTAL TO CONGRESS- Not later than 30 days after issuing the guidance required by section 2249d(e) of title 10, United States Code, as added by subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth such guidance.
(2) UTILIZATION OF SIMILAR GUIDANCE- In developing the guidance required by section 2249d(e) of title 10, United States Code, as so added, the Secretary may utilize applicable portions of the current guidance developed by the Secretary under subsection (f) of section 1207 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2419) for purposes of the exercise of the authority in such section 1207.
(c) Repeal of Superseded Authority-
(1) IN GENERAL- Section 1207 of the John Warner National Defense Authorization Act for Fiscal Year 2007 is repealed.
(2) SUBMITTAL OF FINAL REPORT ON EXERCISE OF AUTHORITY- If the Secretary of Defense exercised the authority in section 1207 of the John Warner National Defense Authorization Act for Fiscal Year 2007 during fiscal year 2008, the Secretary shall submit the report required by subsection (g) of such section for such fiscal year in accordance with the provisions of such subsection (g) without regard to the repeal of such section under paragraph (1).
(d) Effective Date- This section and the amendments made by this section shall take effect on October 1, 2008.

SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.[edit]

(a) Building of Capacity of Additional Foreign Forces- Subsection (a) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as amended by section 1206 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2418), is further amended by striking `a program' and all that follows and inserting `a program or programs as follows:
`(1) To build the capacity of a foreign country's national military forces in order for that country to--
`(A) conduct counterterrorism operations; or
`(B) participate in or support military and stability operations in which the United States Armed Forces are participating.
`(2) To build the capacity of a foreign country's maritime security forces to conduct counterterrorism operations.'.
(b) Funding- Subsection (c) of such section, as so amended, is further amended--
(1) in paragraph (1), by striking `$300,000,000' and inserting `$350,000,000'; and
(2) by adding at the end the following new paragraph:
`(4) AVAILABILITY OF FUNDS FOR ACTIVITIES ACROSS FISCAL YEARS- Amounts available under this subsection for the authority in subsection (a) for a fiscal year may be used for programs under that authority that begin in such fiscal year but end in the next fiscal year.'.
(c) Three-Year Extension of Authority- Subsection (g) of such section, as so amended, is further amended--
(1) by striking `September 30, 2008' and inserting `September 30, 2011'; and
(2) by striking `fiscal year 2006, 2007, or 2008' and inserting `fiscal years 2006 through 2011'.
(d) Effective Date- The amendment made by subsection (b)(2) shall take effect on October 1, 2008, and shall apply with respect to programs under the authority in subsection (a) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006, as so amended, that begin on or after that date.

SEC. 1207. EXTENSION OF AUTHORITY AND INCREASED FUNDING FOR SECURITY AND STABILIZATION ASSISTANCE.[edit]

(a) Prohibition on Budget Support- Subsection (a) of section 1207 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458) is amended--
(1) by striking `The Secretary of Defense' and inserting the following:
`(1) IN GENERAL- The Secretary of Defense'; and
(2) by adding at the end the following new paragraph:
`(2) PROHIBITION ON BUDGET SUPPORT- Nothing in this section shall be construed to authorize the provision of budget support to any foreign country.'.
(b) Assistance to Georgia During Fiscal Year 2009- Subsection (b) of such section is amended--
(1) by striking `The aggregate value' and inserting the following:
`(1) IN GENERAL- Except as provided in paragraph (2), the aggregate value'; and
(2) by adding at the end the following new paragraph:
`(2) ASSISTANCE TO GEORGIA DURING FISCAL YEAR 2009-
`(A) IN GENERAL- The Secretary of Defense is authorized during fiscal year 2009 to exercise the authority of subsection (a) to provide services to, and transfer defense articles and funds to, the Secretary of State for the purposes of facilitating the provision by the Secretary of State of reconstruction, security, or stabilization assistance to the country of Georgia.
`(B) LIMITATION- The aggregate value of all services, defense articles, and funds provided or transferred to the Secretary of State under this section for Georgia in fiscal year 2009--
`(i) may not exceed $50,000,000; and
`(ii) shall not count against the dollar amount limitation specified in paragraph (1) for such fiscal year.'.
(c) Extension of Authority- Subsection (g) of such section, as amended by section 1210(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 369), is further amended by striking `September 30, 2008' and inserting `September 30, 2009'.
(d) Effective Date- The amendments made by this section shall take effect on October 1, 2008.

SEC. 1208. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.[edit]

(a) In General- Subsection (a) of section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086) is amended--
(1) by inserting `, with the concurrence of the relevant Chief of Mission,' after `may'; and
(2) by striking `$25,000,000' and inserting `$35,000,000'.
(b) Timing of Notice on Provision of Support- Subsection (c) of such section is amended by striking `in not less than 48 hours' and inserting `within 48 hours'.
(c) Extension- Subsection (h) of such section, as amended by section 1202(c) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 364), is further amended by striking `2010' and inserting `2013'.
(d) Technical Amendment- The heading of such section is amended by striking `military operations' and inserting `special operations'.
(e) Effective Date- The amendments made by this section shall take effect on October 1, 2008.

SEC. 1209. INCREASE IN AMOUNT AVAILABLE FOR COSTS OF EDUCATION AND TRAINING OF FOREIGN MILITARY FORCES UNDER REGIONAL DEFENSE COMBATING TERRORISM FELLOWSHIP PROGRAM.[edit]

(a) Increase in Amount- Section 2249c(b) of title 10, United States Code, is amended by striking `$25,000,000' and inserting `$35,000,000'.
(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2008, and shall apply with respect to fiscal years beginning on or after that date.

Subtitle B--Matters Relating to Iraq and Afghanistan[edit]

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES RELATING TO IRAQ.[edit]

No funds appropriated pursuant to an authorization of appropriations in this Act may be obligated or expended for a purpose as follows:

(1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.
(2) To exercise United States control of the oil resources of Iraq.

SEC. 1212. REPORT ON STATUS OF FORCES AGREEMENTS BETWEEN THE UNITED STATES AND IRAQ.[edit]

(a) Requirement for Report-
(1) IN GENERAL- (A) Not later than 90 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report on any agreement that has been completed between the United States and Iraq relating to--
(i) the legal status of United States military personnel, civilian personnel, and contractor personnel of contracts awarded by any department or agency of the United States Government;
(ii) the establishment of or access to military bases;
(iii) the rules of engagement under which United States Armed Forces operate in Iraq; and
(iv) any security commitment, arrangement, or assurance that obligates the United States to respond to internal or external threats against Iraq.
(B) If, on the date that is 90 days after the date of the enactment of this Act, no agreement between the United States and Iraq described in subparagraph (A) has been completed, the President shall notify the appropriate congressional committees that no such agreement has been completed, and shall transmit to the appropriate congressional committees the report required under subparagraph (A) as soon as practicable after such an agreement or agreements are completed.
(2) UPDATE OF REPORT- The President shall transmit to the appropriate congressional committees an update of the report required under paragraph (1) whenever an agreement between the United States and Iraq relating to the matters described in the report is substantially revised.
(b) Matters to Be Included- The report required under subsection (a) shall include, with respect to each agreement described in subsection (a), the following:
(1) A description of any conditions placed on United States combat operations by the Government of Iraq, including required coordination, if any, before such operations can be undertaken.
(2) A description of any constraints placed on United States military personnel, civilian personnel, and contractor personnel of contracts awarded by any department or agency of the United States Government as a result of such conditions.
(3) A description of the conditions under which United States military personnel, civilian personnel, or contractor personnel of contracts awarded by any department or agency of the United States Government could be tried by an Iraqi court for alleged crimes occurring both during the performance of official duties and during other such times, and the protections that such personnel would be extended in an Iraqi court, if applicable.
(4) An assessment of authorities under the agreement for United States Armed Forces and Coalition partners to apprehend, detain, and interrogate prisoners and otherwise collect intelligence.
(5) A description of any security commitment, arrangement, or assurance that obligates the United States to respond to internal or external threats against Iraq, including the manner in which such commitment, arrangement, or assurance may be implemented.
(6) An assessment of any payments required under the agreement to be paid to the Government of Iraq or other Iraqi entities for rights, access, or support for bases and facilities.
(7) An assessment of any payments required under the agreement for any claims for deaths and damages caused by United States military personnel, civilian personnel, and contractor personnel of contracts awarded by any department or agency of the United States Government in the performance of their official duties.
(8) A description of the arrangements required under the agreement to resolve disputes arising over matters contained in the agreement or to consider changes to the agreement.
(9) A discussion of the extent to which the agreement applies to other Coalition partners.
(10) A description of how the agreement can be terminated by the United States or Iraq.
(c) Form- The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined- In this section, the term `appropriate congressional committees' means--
(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
(e) Termination of Requirement-
(1) IN GENERAL- Except as provided in paragraph (2), the requirement to transmit the report and updates of the report under subsection (a) terminates on December 31, 2009.
(2) EXCEPTION- The requirement to transmit the report and updates of the report under subsection (a) terminates before December 31, 2009, if the following conditions are met:
(A) The President transmits to the appropriate congressional committees the text of any agreement between the United States and Iraq described in subsection (a)(1)(A) and any amendment or update thereto.
(B) Within 30 days of transmission of the agreement, the President makes available appropriate senior officials to brief the appropriate congressional committees on the matters covered by the agreement or any amendment or update thereto.

SEC. 1213. STRATEGY FOR UNITED STATES-LED PROVINCIAL RECONSTRUCTION TEAMS IN IRAQ.[edit]

(a) In General- The President shall establish and implement a strategy for United States-led Provincial Reconstruction Teams (PRTs), including embedded PRTs and Provincial Support Teams, in Iraq that ensures that such United States-led PRTs are--
(1) supporting the operational and strategic goals of the Multi-National Force-Iraq; and
(2) developing the capacity of national, provincial, and local government and other civil institutions in Iraq to assume increasing responsibility for the formulation, implementation, and oversight of reconstruction and development activities.
(b) Elements of Strategy- At a minimum, the strategy required under subsection (a) shall include--
(1) a mission statement and clearly defined objectives for United States-led PRTs as a whole;
(2) a mission statement and clearly defined objectives for each United States-led PRT; and
(3) measures of effectiveness and performance indicators for meeting the objectives of each United States-led PRT as described in paragraph (2).
(c) Report-
(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter through the end of fiscal year 2010, the President shall transmit to the appropriate congressional committees a report on the implementation of the strategy required under subsection (a), including an assessment of the specific contributions United States-led PRTs are making to implement the strategy. The initial report required under this subsection should include a general description of the strategy required under subsection (a) and a general discussion of the elements of the strategy required under subsection (b).
(2) INCLUSION IN OTHER REPORT- The report required under this subsection may be included in the report required by section 1227 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465).
(d) Appropriate Congressional Committees Defined- In this section, the term `appropriate congressional committees' means--
(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate.

SEC. 1214. COMMANDERS' EMERGENCY RESPONSE PROGRAM.[edit]

(a) Authority for Fiscal Years 2008 and 2009- Subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as amended by section 1205 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 366), is further amended in the matter preceding paragraph (1)--
(1) by striking `$977,441,000' and inserting `$1,700,000,000 in fiscal year 2008 and $1,500,000,000 in fiscal year 2009,'; and
(2) by striking `in such fiscal year'.
(b) Quarterly Reports- Subsection (b) of such section, as so amended, is further amended--
(1) in the heading, by inserting `and Briefings' after `Reports';
(2) by striking `Not later than' and inserting the following:
`(1) IN GENERAL- Not later than'; and
(3) by adding at the end the following new paragraphs:
`(2) ADDITIONAL MATTERS TO BE INCLUDED- In addition to the information described in paragraph (1), each report required under paragraph (1) that contains information on projects carried out using funds authorized under the Commanders' Emergency Response Program in Iraq shall include the following:
`(A) A listing of each project for which amounts in excess of $500,000 provided through the Commanders' Emergency Response Program in Iraq were expended.
`(B) A written statement by the Secretary of Defense, or the Deputy Secretary of Defense if the authority under subsection (f) is delegated to the Deputy Secretary of Defense, affirming that the certification required under subsection (f) was issued for each project in Iraq for which amounts in excess of $1,000,000 provided through the Commanders' Emergency Response Program in Iraq were expended.
`(C) For each project listed in subparagraph (A), the following information:
`(i) A description and justification for carrying out the project
`(ii) A description of the extent of involvement by the Government of Iraq in the project, including--
`(I) the amount of funds provided by the Government of Iraq for the project; and
`(II) a description of the plan for the transition of such project upon completion to the people of Iraq and for the sustainment of any completed facilities, including any commitments by the Government of Iraq to sustain projects requiring the support of the Government of Iraq for sustainment.
`(iii) A description of the current status of the project, including, where appropriate, the projected completion date.
`(D) A description of the status of transitioning activities carried out under the Commanders' Emergency Response Program in Iraq to the Government of Iraq, including--
`(i) the level of funding provided by the Government of Iraq for the Government of Iraq Commanders' Emergency Response Program (commonly known as `I-CERP');
`(ii) the level of funding provided and expended by the Government of Iraq in other programs designed to meet urgent humanitarian relief and reconstruction requirements that immediately assist the Iraqi people; and
`(iii) a description of the progress made in transitioning the responsibility for the Sons of Iraq Program to the Government of Iraq.
`(3) BRIEFINGS- Not later than 15 days after the submission of each report under paragraph (1), appropriate officials of the Department of Defense shall meet with the congressional defense committees to brief such committees on the matters contained in the report.'.
(c) Prohibition on Certain Projects Under the Commanders' Emergency Response Program in Iraq- Such section, as so amended, is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new subsection:
`(e) Prohibition on Certain Projects Under the Commanders' Emergency Response Program in Iraq-
`(1) PROHIBITION- Except as provided in paragraph (2), funds made available under this section for the Commanders' Emergency Response Program in Iraq may not be obligated or expended to carry out any project commenced after the date of the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 if the total amount of such funds made available for the purpose of carrying out the project exceeds $2,000,000.
`(2) EXCEPTION- The prohibition contained in paragraph (1) shall not apply with respect to funds managed or controlled by the Department of Defense that were otherwise provided by another department or agency of the United States Government, the Government of Iraq, 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), or any source in the private sector of the United States or a foreign country.
`(3) WAIVER- The Secretary of Defense may waive the prohibition contained in paragraph (1) if the Secretary of Defense--
`(A) determines that such a waiver is required to meet urgent humanitarian relief and reconstruction requirements that will immediately assist the Iraqi people; and
`(B) submits in writing, within 15 days of issuing such waiver, to the congressional defense committees a notification of the waiver, together with a discussion of--
`(i) the unmet and urgent needs to be addressed by the project; and
`(ii) any arrangements between the Government of the United States and the Government of Iraq regarding the provision of Iraqi funds for carrying out and sustaining the project .'.
(d) Certification on Certain Projects Under the Commanders' Emergency Response Program in Iraq- Such section, as so amended, is further amended--
(1) by redesignating subsection (f), as redesignated by subsection (c) of this section, as subsection (g); and
(2) by inserting after subsection (e), as added by subsection (c) of this section, the following new subsection:
`(f) Certification on Certain Projects Under the Commanders' Emergency Response Program in Iraq-
`(1) CERTIFICATION- Funds made available under this section for the Commanders' Emergency Response Program in Iraq may not be obligated or expended to carry out any project commenced after the date of the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 if the total amount of such funds made available for the purpose of carrying out the project exceeds $1,000,000 unless the Secretary of Defense certifies that the project addresses urgent humanitarian relief and reconstruction requirements that will immediately assist the Iraqi people.
`(2) DELEGATION- The Secretary may delegate the authority under paragraph (1) to the Deputy Secretary of Defense.'.
(e) Sense of Congress- It is the sense of Congress that the Government of Iraq should assume increasing responsibility for funding and carrying out projects currently funded by the United States through the Commanders' Emergency Response Program, and should assume all costs associated with the Sons of Iraq program as expeditiously as possible.

SEC. 1215. PERFORMANCE MONITORING SYSTEM FOR UNITED STATES-LED PROVINCIAL RECONSTRUCTION TEAMS IN AFGHANISTAN.[edit]

(a) In General- The President, acting through the Secretary of Defense and the Secretary of State, shall develop and implement a system to monitor the performance of United States-led Provincial Reconstruction Teams (PRTs) in Afghanistan.
(b) Elements of Performance Monitoring System- The performance monitoring system required under subsection (a) shall include--
(1) PRT-specific work plans that incorporate the long-term strategy, mission, and clearly defined objectives required by section 1230(c)(3) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 386), and include plans for developing the capacity of national, provincial, and local government and other civil institutions in Afghanistan to assume increasing responsibility for the formulation, implementation, and oversight of reconstruction and development activities; and
(2) comprehensive performance indicators and measures of progress toward sustainable long-term security and stability in Afghanistan, and include performance standards and progress goals together with a notional timetable for achieving such goals, consistent with the requirements of section 1230(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 388).
(c) Report- Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the implementation of the performance monitoring system required under subsection (a).
(d) Appropriate Congressional Committees Defined- In this section, the term `appropriate congressional committees' means--
(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate.

SEC. 1216. REPORT ON COMMAND AND CONTROL STRUCTURE FOR MILITARY FORCES OPERATING IN AFGHANISTAN.[edit]

(a) Report Required- Not later than 60 days after the date of the enactment of this Act, or December 1, 2008, whichever occurs later, the Secretary of Defense shall submit to the appropriate congressional committees a report on the command and control structure for military forces operating in Afghanistan.
(b) Matters to Be Included- The report required under subsection (a) shall include the following:
(1) A detailed description of efforts by the Secretary of Defense, in coordination with senior leaders of NATO ISAF forces, including the commander of NATO ISAF forces, to modify the chain of command structure for military forces operating in Afghanistan to better coordinate and de-conflict military operations and achieve unity of command whenever possible in Afghanistan, and the results of such efforts, including--
(A) any United States or NATO ISAF plan for improving the command and control structure for military forces operating in Afghanistan; and
(B) any efforts to establish a headquarters in Afghanistan that is led by a commander--
(i) with command authority over NATO ISAF forces and separate United States forces operating under Operation Enduring Freedom and charged with closely coordinating the efforts of such forces; and
(ii) responsible for coordinating other United States and international security efforts in Afghanistan.
(2) A description of how rules of engagement are determined and managed for United States forces operating under NATO ISAF or Operation Enduring Freedom, and a description of any key differences between rules of engagement for NATO ISAF forces and separate United States forces operating under Operation Enduring Freedom.
(3) An assessment of how any modifications to the command and control structure for military forces operating in Afghanistan would impact coordination of military and civilian efforts in Afghanistan.
(c) Update of Report- The Secretary of Defense shall submit to the appropriate congressional committees an update of the report required under subsection (a) as warranted by any modifications to the command and control structure for military forces operating in Afghanistan as described in the report.
(d) Form- The report required under subsection (a) and any update of the report required under subsection (c) shall be submitted in an unclassified form, but may include a classified annex, if necessary.
(e) Appropriate Congressional Committees Defined- In this section, the term `appropriate congressional committees' means--
(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

SEC. 1217. REPORTS ON ENHANCING SECURITY AND STABILITY IN THE REGION ALONG THE BORDER OF AFGHANISTAN AND PAKISTAN.[edit]

(a) Additional Reports Required- Subsection (a) of section 1232 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 392) is amended--
(1) in the heading of paragraph (1), by striking `IN GENERAL' and inserting `INITIAL REPORT';
(2) by striking paragraph (4);
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new paragraph:
`(3) SUBSEQUENT REPORTS- Concurrent with the submission of each report submitted under section 1230 after the date of the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees, a report on enhancing security and stability in the region along the border of Afghanistan and Pakistan. Each such report shall include the following:
`(A) A description of the matters required to be included in the initial report required under paragraph (1).
`(B) A description of any peace agreements between the Government of Pakistan and tribal leaders from regions along the Afghanistan-Pakistan border that contain commitments to prevent cross-border incursions into Afghanistan and any mechanisms in such agreements to enforce such commitments.
`(C) An assessment of the effectiveness of such peace agreements in preventing cross-border incursions and of the Government of Pakistan in enforcing those agreements.'.
(b) Copy of Notification Relating to Department of Defense Coalition Support Funds for Pakistan- Subsection (b)(1) of such section is amended by adding at the end the following new subparagraph:
`(C) COPY OF NOTIFICATION- The Secretary of Defense shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a copy of each notification required under subparagraph (A).'.
(c) Additional Information on Department of Defense Coalition Support Funds for Pakistan- Subsection (b) of such section is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new paragraph:
`(5) REQUIREMENT TO SUBMIT INFORMATION RELATING TO CLAIMS DISALLOWED OR DEFERRED BY THE UNITED STATES-
`(A) IN GENERAL- The Secretary of Defense shall submit, in the manner specified in subparagraph (B), an itemized description of the costs claimed by the Government of Pakistan for logistical, military, or other support provided by Pakistan to the United States for which the United States will disallow or defer reimbursement to the Government of Pakistan under the authority of any provision of law described in paragraph (1)(B).
`(B) MANNER OF SUBMISSION-
`(i) IN GENERAL- To the maximum extent practicable, the Secretary shall submit each itemized description of costs required under subparagraph (A) as part of the notification required under paragraph (1).
`(ii) ALTERNATIVE SUBMISSION- To the extent that an itemized description of costs required under subparagraph (A) is not submitted in accordance with clause (i), the Secretary shall submit such description not later than 180 days after the date on which a decision to disallow or defer reimbursement for the costs claimed is made.
`(C) FORM- Each itemized description of costs required under subparagraph (B) shall be submitted in an unclassified form, but may include a classified annex, if necessary.'.
(d) Extension of Notification Requirement Relating to Department of Defense Coalition Support Funds for Pakistan- Subsection (b)(6) of such section, as redesignated by subsection (c) of this section, is amended by striking `September 30, 2009' and inserting `September 30, 2010'.
(e) Report Relating to Department of Defense Coalition Support Funds for Pakistan- Such section is further amended by adding at the end the following new subsection:
`(c) Report Relating to Department of Defense Coalition Support Funds for Pakistan-
`(1) REPORT REQUIRED- Not later than 180 days after the date of the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, the Secretary of Defense shall submit to the appropriate congressional committees a report that contains a detailed description of efforts by the Secretary of Defense to address the findings and implement the recommendations made by the Government Accountability Office in its report entitled `Combating Terrorism: Increased Oversight and Accountability Needed Over Pakistan Reimbursement Claims for Coalition Support Funds' (GAO-08-806; June 24, 2008).
`(2) APPROPRIATE CONGRESSIONAL COMMITTEE DEFINED- In this subsection, the term `appropriate congressional committees' has the meaning given the term in subsection (a)(5).'.

SEC. 1218. STUDY AND REPORT ON POLICE TRANSITION TEAMS TO TRAIN, ASSIST, AND ADVISE UNITS OF THE IRAQI POLICE SERVICE.[edit]

(a) Study and Report- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Government of Iraq, shall conduct a study and submit to the appropriate congressional committees a report containing the recommendations of the Secretary of Defense on--
(1) the number of personnel required for Police Transition Teams to train, assist, and advise units of the Iraqi Police Service in fiscal year 2009 and in fiscal year 2010;
(2) the funding required to support the level of personnel described in paragraph (1) in fiscal year 2009 and in fiscal year 2010; and
(3) the feasibility of transferring responsibility for the provision of the personnel described in paragraph (1) and the support described in paragraph (2) from the Department of Defense to the Department of State.
(b) Form- The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex if required.
(c) Appropriate Congressional Committees Defined- In this section, the term `appropriate congressional committees' means--
(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

Subtitle C--Other Matters[edit]

SEC. 1231. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL COOPERATION PROGRAMS.[edit]

(a) Expansion of Authority for Bilateral and Regional Programs to Cover Multilateral Programs- Section 1051 of title 10, United States Code, is amended--
(1) in subsection (a), by striking `a bilateral' and inserting `a multilateral, bilateral,'; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking `to and' and inserting `to, from, and'; and
(ii) by striking `bilateral' and inserting `multilateral, bilateral,'; and
(B) in paragraph (2), by striking `bilateral' and inserting `multilateral, bilateral,'.
(b) Availability of Funds for Programs and Activities Across Fiscal Years-
(1) IN GENERAL- Such section is further amended by adding at the end the following new subsection:
`(e) Funds available to carry out this section shall be available, to the extent provided in appropriations Acts, for programs and activities under this section that begin in a fiscal year and end in the following fiscal year.'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on October 1, 2008, and shall apply with respect to programs and activities under section 1051 of title 10, United States Code, as so amended, that begin on or after that date.
(c) Conforming and Clerical Amendments-
(1) HEADING AMENDMENT- The heading of such section is amended to read as follows:
`Sec. 1051. Multilateral, bilateral, or regional cooperation programs: payment of personnel expenses'.
(2) 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.'.

SEC. 1232. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN MULTINATIONAL MILITARY CENTERS OF EXCELLENCE.[edit]

(a) Participation Authorized-
(1) IN GENERAL- Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 2350m. Participation in multinational military centers of excellence
`(a) 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 for purposes of--
`(1) 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
`(2) improving interoperability between the armed forces and the military forces of friendly foreign nations.
`(b) Memorandum of Understanding- (1) 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.
`(2) If Department of Defense facilities, equipment, or funds are used to support a multinational military center of excellence under subsection (a), the memoranda of understanding under paragraph (1) with respect to that center shall provide details of any cost-sharing arrangement or other funding arrangement.
`(c) Availability of Appropriated Funds- (1) Funds appropriated to the Department of Defense for operation and maintenance are available as follows:
`(A) 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.
`(B) 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.
`(2) 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.
`(d) 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.
`(e) Annual Reports on Use of Authority- (1) Not later than October 31, 2009, and annually thereafter, 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 the preceding fiscal year.
`(2) Each report required by paragraph (1) shall include, for the fiscal year covered by such report, the following:
`(A) 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.
`(B) For each multinational military center of excellence in which the Department of Defense, or members of the armed forces or civilian personnel of the Department, so participated--
`(i) a description of such multinational military center of excellence;
`(ii) a description of the activities participated in by the Department, or by members of the armed forces or civilian personnel of the Department; and
`(iii) a statement of the costs of the Department for such participation, including--
`(I) 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
`(II) 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).
`(f) Multinational Military Center of Excellence Defined- 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 Military Committee of the North Atlantic Treaty Organization (NATO) as offering recognized expertise and experience to personnel participating in the activities of such entity for the benefit of NATO by providing such personnel opportunities to--
`(1) enhance education and training;
`(2) improve interoperability and capabilities;
`(3) assist in the development of doctrine; and
`(4) validate concepts through experimentation.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter II of chapter 138 of such title is amended by adding at the end the following new item:
`2350m. Participation in multinational military centers of excellence.'.
(b) Repeal of Superseded Authority- Section 1205 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2416) is repealed.
(c) Effective Date- The amendments made by this section shall take effect on October 1, 2008.

SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY DEFENSE CONTRACTORS IN CERTAIN SPACE ACTIVITIES OF THE PEOPLE'S REPUBLIC OF CHINA.[edit]

(a) Review Required- The Secretary of Defense shall conduct a review to determine whether there are any security risks associated with participation by covered contractors in certain space activities of the People's Republic of China.
(b) Matters to Be Included- The review required under subsection (a) shall include, at a minimum, a review of the following:
(1) Whether there have been any incidents with respect to which a determination has been made that an improper disclosure of covered information by a covered contractor has occurred during the five-year period ending on the date of the enactment of this Act.
(2) The increase, if any, in the number of covered contractors expected to occur during the 5-year period beginning on the date of the enactment of this Act.
(3) The extent to which the policies and procedures of the Department of Defense are sufficient to protect against the improper disclosure of covered information by a covered contractor during the 5-year period beginning on the date of the enactment of this Act.
(4) The Secretary's conclusions regarding awards of contracts by the Department of Defense to covered contractors after the date of the enactment of this Act.
(5) Any other matters that the Secretary determines to be appropriate to include in the review.
(c) Cooperation From Other Departments and Agencies- The Secretary of State, the Director of National Intelligence, and the head of any other United States Government department or agency shall cooperate in a complete and timely manner to provide the Secretary of Defense with data and other information necessary for the Secretary of Defense to carry out the review required under subsection (a).
(d) Report-
(1) IN GENERAL- Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the review required under subsection (a).
(2) FORM- The report required under this subsection shall include a summary in unclassified form to the maximum extent practicable.
(e) Definitions- In this section:
(1) CERTAIN SPACE ACTIVITIES OF THE PEOPLE'S REPUBLIC OF CHINA- The term `certain space activities of the People's Republic of China' means--
(A) the development or manufacture of satellites for launch from the People's Republic of China; and
(B) the launch of satellites from the People's Republic of China.
(2) COVERED CONTRACTOR- The term `covered contractor' means a contractor of the Department of Defense, and any subcontractor (at any tier) of the contractor, that--
(A) has access to covered information; and
(B) participates, or is part of a joint venture that participates, or whose parent, sister, subsidiary, or affiliate company participates, in certain space activities in the People's Republic of China.
(3) COVERED INFORMATION- The term `covered information' means classified information and sensitive controlled unclassified information obtained under contracts (or subcontracts of such contracts) of the Department of Defense.

SEC. 1234. REPORT ON IRAN'S CAPABILITY TO PRODUCE NUCLEAR WEAPONS.[edit]

(a) Report Required- Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to Congress a report on Iran's capability to produce nuclear weapons. The report required under this subsection may be submitted in classified form.
(b) Matters to Be Included- The report required under subsection (a) shall include the following:
(1) The locations, types, and number of centrifuges and other specialized equipment necessary for the enrichment of uranium and any plans to acquire, manufacture, and operate such equipment in the future.
(2) An estimate of the amount, if any, of highly enriched uranium and weapons grade plutonium acquired or produced to date, an estimate of the amount of weapons grade plutonium that is likely to be produced or acquired in the near- and midterms and the amount of highly enriched uranium that is likely to be produced or acquired in the near- and midterms, and the number of nuclear weapons that could be produced with such materials.
(3) A evaluation of the extent to which security and safeguards at any nuclear site prevent, slow, verify, or help monitor the enrichment of uranium or the reprocessing of plutonium into weapons-grade materials.
(4) A description of any weaponization activities, such as the research, design, development, or testing of nuclear weapons or weapons-related components.
(5) A description of any programs to construct, acquire, test, or improve methods to deliver nuclear weapons, including an assessment of the likely progress of such programs in the near- and mid-terms.
(6) A summary of assessments made by allies of the United States of Iran's nuclear weapons program and nuclear-capable delivery systems programs.
(c) Notification- The President shall notify Congress, in writing, within 15 days of determining that--
(1) Iran has resumed a nuclear weapons program;
(2) Iran has met or surpassed any major milestone in its nuclear weapons program; or
(3) Iran has undertaken to accelerate, decelerate, or cease the development of any significant element within its nuclear weapons program.

SEC. 1235. EMPLOYMENT FOR RESETTLED IRAQIS.[edit]

(a) In General- The Secretary of Defense and the Secretary of State are authorized to jointly establish and operate a temporary program to offer employment as translators, interpreters, or cultural awareness instructors to individuals described in subsection (b). Individuals described in such subsection may be appointed to temporary positions of one year or less outside Iraq with either the Department of Defense or the Department of State, without competition and without regard for the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code. Such individuals may also be hired as personal services contractors by either of such Departments to provide translation, interpreting, or cultural awareness instruction, except that such individuals so hired shall not by virtue of such employment be considered employees of the United States Government, except for purposes of chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.
(b) Eligibility- Individuals referred to in subsection (a) are Iraqi nationals who--
(1) have received a special immigrant visa issued pursuant to section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) or section 1244 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181); and
(2) are lawfully present in the United States.
(c) Funding-
(1) IN GENERAL- Except as provided in paragraph (2), the program established under subsection (a) shall be funded from the annual general operating budget of the Department of Defense.
(2) EXCEPTION- The Secretary of State shall reimburse the Department of Defense for any costs associated with individuals described in subsection (b) whose work is for or on behalf of the Department of State.
(d) Rule of Construction Regarding Access to Classified Information- Nothing in this section may be construed as affecting in any manner practices and procedures regarding the handling of or access to classified information.
(e) Information Sharing- The Secretary of Defense and the Secretary of State shall work with the Secretary of Homeland Security and the Office of Refugee Resettlement of the Department of Health and Human Services to ensure that individuals described in subsection (b) are informed of the program established under subsection (a).
(f) Regulation- The Secretary of Defense, jointly with the Secretary of State and with the concurrence of the Director of the Office of Personnel Management, shall prescribe such regulations as are necessary to carry out the program established under subsection (a), including ensuring the suitability for employment described in subsection (a) of individuals described in subsection (b), determining the number of positions, and establishing pay scales and hiring procedures.
(g) Termination-
(1) IN GENERAL- Except as provided in paragraph (2), the program established under subsection (a) shall terminate on December 31, 2014.
(2) EARLIER TERMINATION- If the Secretary of Defense, jointly with the Secretary of State, determines that the program established under subsection (a) should terminate before the date specified in paragraph (1), the Secretaries may terminate the program if the Secretaries notify Congress in writing of such termination at least 180 days before such termination.

SEC. 1236. EXTENSION AND MODIFICATION OF UPDATES ON REPORT ON CLAIMS RELATING TO THE BOMBING OF THE LABELLE DISCOTHEQUE.[edit]

Section 1225(b) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465), as amended by section 1261(1)(B) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 405), is further amended--

(1) in paragraph (2)--
(A) by striking `Not later than one year after enactment of this Act, and not later than two years after enactment of this Act' and inserting `Not later than 90 days after the date of the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, and every 180 days thereafter'; and
(B) by adding at the end the following new sentence: `Each update under this paragraph after the date of the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 shall be submitted in unclassified form, but may include a classified annex.'; and
(2) by adding at the end the following new paragraph:
`(3) TERMINATION- The requirement to submit updates under paragraph (2) shall terminate upon submission by the Secretary of State to Congress of the certification described in section 5(a)(2) of the Libya Claims Resolution Act (Public Law 110-301; 122 Stat. 3000).'.

SEC. 1237. REPORT ON UTILIZATION OF CERTAIN GLOBAL PARTNERSHIP AUTHORITIES.[edit]

(a) In General- Not later than December 31, 2010, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a report on the implementation of the Building Global Partnership authorities during the period beginning on the date of the enactment of this Act and ending on September 30, 2010.
(b) Elements- The report required by subsection (a) shall include the following:
(1) A detailed summary of the programs conducted under the Building Global Partnership authorities during the period covered by the report, including, for each country receiving assistance under such a program, a description of the assistance provided and its cost.
(2) An assessment of the impact of the assistance provided under the Building Global Partnership authorities with respect to each country receiving assistance under such authorities.
(3) A description of--
(A) the processes used by the Department of Defense and the Department of State to jointly formulate, prioritize, and select projects to be funded under the Building Global Partnership authorities; and
(B) the processes, if any, used by the Department of Defense and the Department of State to evaluate the success of each project so funded after its completion.
(4) A statement of the projects initiated under the Building Global Partnership authorities that were subsequently transitioned to and sustained under the authorities of the Foreign Assistance Act of 1961 or other authorities.
(5) An assessment of the utility of the Building Global Partnership authorities, and of any gaps in such authorities, including an assessment of the feasability and advisability of continuing such authorities beyond their current dates of expiration (whether in their current form or with such modifications as the Secretary of Defense and the Secretary of State jointly consider appropriate).
(c) Definitions- In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS- The term `appropriate committees of Congress' means--
(A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.
(2) BUILDING GLOBAL PARTNERSHIP AUTHORITIES- The term `Building Global Partnership authorities' means the following:
(A) AUTHORITY FOR BUILDING CAPACITY OF FOREIGN MILITARY FORCES- The authorities provided in section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as amended by section 1206 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2418) and section 1206 of this Act.
(B) AUTHORITY FOR SECURITY AND STABILIZATION ASSISTANCE- The authorities provided in section 1207 of the National Defense Authorization Act for Fiscal Year 2006 (119 Stat. 3458), as amended by section 1210 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 369) and section 1207 of this Act.
(C) CIVIC ASSISTANCE AUTHORITIES UNDER COMBATANT COMMANDER INITIATIVE FUND- The authority to engage in urgent and unanticipated civic assistance under the Combatant Commander Initiative Fund under section 166a(b)(6) of title 10, United States Code, as a result of the amendments made by section 902 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2351).

SEC. 1238. MODIFICATION AND REPEAL OF REQUIREMENT TO SUBMIT CERTAIN ANNUAL REPORTS TO CONGRESS REGARDING ALLIED CONTRIBUTIONS TO THE COMMON DEFENSE.[edit]

(a) Modification of Certain Reports on Allied Contributions to the Common Defense- Section 1003 of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2576) is amended--
(1) by striking subsections (c) and (d); and
(2) adding at the end the following new subsections:
`(c) 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 each year, not later than March 1, a report containing a description of--
`(1) annual defense spending by each member nation of NATO, by each member nation of the Euro-Atlantic Partnership Council (EAPC), and by Japan, including available nominal budget figures and defense spending as a percentage of the respective nation's gross domestic product for the fiscal year immediately preceding the fiscal year in which the report is submitted;
`(2) activities of each NATO member nation, each EAPC member nation, and Japan to contribute to military or stability operations in which the United States Armed Forces are a participant;
`(3) any limitations that such nations place on the use of their national contributions described in paragraph (2); and
`(4) any actions undertaken by the United States Government to minimize those limitations described in paragraph (3).
`(d) The report required under subsection (c) shall be submitted in unclassified form, but may include a classified annex.'
(b) Repeal of Report on Cost-Sharing- Section 1313 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2894) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsections (c).