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

TITLE XV — AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

SEC. 1501. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN AFGHANISTAN AND IRAQ FOR FISCAL YEAR 2009.

(a) Authorization of Previously Appropriated Amounts- In addition to the amounts otherwise authorized to be appropriated by division A of this Act, the amounts appropriated for fiscal year 2009 in chapter 2 of title IX of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2405-2414) are hereby authorized to be appropriated.

(b) Additional Authorization- In addition to the amounts otherwise authorized to be appropriated by division A of this Act and subsection (a), funds in the amount of $2,076,000,000 are hereby authorized to be appropriated for aircraft procurement, Air Force, for the purpose of acquiring six C-17 aircraft.

SEC. 1502. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGETS FOR AFGHANISTAN AND IRAQ.

(a) Operations in Iraq and Afghanistan- In any annual or supplemental budget request for the Department of Defense that is submitted to Congress after the date of the enactment of this Act, the Secretary of Defense shall set forth separately any funding requested in such budget request for--

(1) operations of the Department of Defense in Afghanistan; and

(2) operations of the Department of Defense in Iraq.

(b) Specificity of Display- Each budget request covered by subsection (a) shall, for any funding requested for operations in Iraq or Afghanistan--

(1) clearly display the amount of such funding at the appropriation account level and at the program, project, or activity level; and

(2) include a detailed description of the assumptions underlying the funding for the period covered by the budget request, including the anticipated troop levels, the operations intended to be carried out, and the equipment reset requirements necessary to support such operations.

SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

(a) Use and Transfer of Funds- Subsections (b) and (c) of section 1514 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439), as amended by subsection (b), shall apply to the funds appropriated pursuant to the authorization of appropriations in section 1501 of this Act and made available to the Department of Defense for the Joint Improvised Explosive Device Defeat Fund.

(b) Modification of Funds Transfer Authority- Section 1514(c)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439) is amended--

(1) by striking subparagraph (A); and

(2) by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively.

(c) Prior Notice of Transfer of Funds- Section 1514(c)(4) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439) is amended by inserting after `five days' the following: `(in the case of the obligation of funds) or 15 days (in the case of a transfer of funds)'.

(d) Monthly Obligations and Expenditure Reports- Not later than 15 days after the end of each month of fiscal year 2009, the Secretary of Defense shall provide to the congressional defense committees a report on the Joint Improvised Explosive Device Defeat Fund explaining monthly commitments, obligations, and expenditures by line of action.

(e) Modification of Submittal Date of Other Reports- Section 1514(e) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2440) is amended by striking `30 days' and inserting `60 days'.

SEC. 1504. SCIENCE AND TECHNOLOGY INVESTMENT STRATEGY TO DEFEAT OR COUNTER IMPROVISED EXPLOSIVE DEVICES.

(a) Strategy Required- The Director of the Joint Improvised Explosive Device Defeat Organization (JIEDDO), jointly with the Director of Defense Research and Engineering, shall develop a comprehensive science and technology investment strategy for countering the threat of improvised explosive devices (IEDs).

(b) Elements- The strategy developed under subsection (a) shall include the following:

(1) Identification of counter-IED capability gaps.

(2) A taxonomy describing the major technical areas for the Department of Defense to address the counter-IED capability gaps and in which science and technology funding investments should be made.

(3) Identification of funded programs to develop or mature technologies from or to the level of system or subsystem model or prototype demonstration in a relevant environment, and investment levels for those initiatives.

(4) Identification of JIEDDO's mechanisms for coordinating Department of Defense and Federal Government science and technology activities in areas covered by the strategy.

(5) Identification of technology transition mechanisms developed or utilized to efficiently transition technologies to acquisition programs of the Department of Defense or into operational use, including a summary of counter-IED technologies transitioned from JIEDDO, the military departments, and other Defense Agencies to the acquisition programs or into operational use.

(6) Identification of high priority basic research efforts that should be addressed through JIEDDO or other Department of Defense activities to support development of next generation IED defeat capabilities.

(7) Identification of barriers or issues, such as industrial base, workforce, or statutory or regulatory barriers, that could hinder the efficient and effective development and operational use of advanced IED defeat capabilities, and discussion of activities undertaken to address them.

(8) Identification of the measures of effectiveness for the overall Department of Defense science and technology counter-IED effort.

(9) Such other matters as the Director of the JIEDDO and the Director of Defense Research and Engineering consider appropriate.

(c) Report- Not later than March 1, 2009, and each March 1 thereafter through March 1, 2013, the Director of the JIEDDO and the Director of Defense Research and Engineering shall jointly submit to the congressional defense committees a report describing the implementation of the strategy developed under subsection (a). The report may be in unclassified and classified format, as necessary.

SEC. 1505. LIMITATIONS ON IRAQ SECURITY FORCES FUND.

Funds appropriated pursuant to the authorization of appropriations in section 1501 of this Act or in the Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2407) and made available to the Department of Defense for the Iraq Security Forces Fund shall be subject to the conditions contained in subsections (b) through (g) of section 1512 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 426).

SEC. 1506. LIMITATIONS ON AFGHANISTAN SECURITY FORCES FUND.

Funds appropriated pursuant to the authorization of appropriations in section 1501 of this Act or in the Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2407) and made available to the Department of Defense for the Afghanistan Security Forces Fund shall be subject to the conditions contained in subsections (b) through (g) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 428).

SEC. 1507. SPECIAL TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations-

(1) AUTHORITY- Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2009 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2) LIMITATION- The total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $4,000,000,000.

(b) Terms and Conditions- Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001.

(c) Additional Authority- The transfer authority provided by this section is in addition to the transfer authority provided under section 1001.

SEC. 1508. PROHIBITION ON USE OF UNITED STATES FUNDS FOR CERTAIN FACILITIES PROJECTS IN IRAQ AND CONTRIBUTIONS BY THE GOVERNMENT OF IRAQ TO COMBINED OPERATIONS AND OTHER ACTIVITIES IN IRAQ.

(a) Prohibition Related to Facilities for Government of Iraq-

(1) PROHIBITION ON AVAILABILITY OF UNITED STATES FUNDS FOR PROJECTS- Except as provided in paragraph (2), amounts authorized to be appropriated by this title may not be obligated or expended for the acquisition, conversion, rehabilitation, or installation of facilities in Iraq for the use of the Government of Iraq, political subdivisions of Iraq, or agencies, departments, or forces of the Government of Iraq or such political subdivisions.

(2) EXCEPTIONS-

(A) EXCEPTION FOR CERP- The prohibition in paragraph (1) does not apply to amounts authorized to be appropriated by this title for the Commanders' Emergency Response Program (CERP).

(B) EXCEPTION FOR MILITARY CONSTRUCTION- The prohibition in paragraph (1) does not apply to military construction (as defined in section 2801 of title 10, United States Code), carried out in Iraq.

(C) EXCEPTION FOR TECHNICAL ASSISTANCE- The prohibition in paragraph (1) does not apply to the provision of technical assistance necessary to assist the Government of Iraq to carry out facilities projects on its own behalf.

(b) Combined Operations-

(1) COST SHARING- The United States Government shall initiate negotiations with the Government of Iraq on an agreement under which the Government of Iraq shall share with the United States Government the costs of combined operations of the Government of Iraq and the Multi-National Forces Iraq undertaken as part of Operation Iraqi Freedom.

(2) REPORT- Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall, in conjunction with the Secretary of Defense, submit to Congress a report describing the status of negotiations under paragraph (1).

(c) Iraqi Security Forces-

(1) USE OF IRAQ FUNDS- The United States Government shall take actions to ensure that Iraq funds are used to pay the costs of the salaries, training, equipping, and sustainment of Iraqi Security Forces.

(2) REPORTS- Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to Congress a report setting forth an assessment of the progress made in meeting the requirements of paragraph (1).