69–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–666 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5658) TO AUTHORIZE 

APPROPRIATIONS FOR FISCAL YEAR 2009 FOR MILITARY ACTIVITIES OF 

THE DEPARTMENT OF DEFENSE, TO PRESCRIBE MILITARY PERSONNEL 

STRENGTHS FOR FISCAL YEAR 2009, AND FOR OTHER PURPOSES 

MAY 21, 2008.—Referred to the House Calendar and ordered to be printed 

Mr. CARDOZA, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 1218] 

The Committee on Rules, having had under consideration House 

Resolution 1218, by a record vote of 8 to 4, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for further consideration of H.R. 5658, 

the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009, under a structured rule without further general debate. 

The resolution considers as an original bill for the purpose of 

amendment the amendment in the nature of a substitute recommended by the Committee on Armed Services. The committee 

amendment shall be considered as read. The resolution waives all 

points of order against the committee amendment except those 

arising under clause 10 of rule XXI. This waiver does not affect the 

point of order available under clause 9 of rule XXI (regarding earmark disclosure). 

The resolution makes in order only those amendments printed in 

this report and waives all points of order against such amendments 

except those arising under clause 9 or 10 of rule XXI. The amendments made in order shall be considered as read, shall be debatable for the time specified in this report equally divided by the proponent and an opponent, shall not be subject to amendment, and 

shall not be subject to a demand for a division of the question. 

The resolution permits the chairman of the Committee on Armed 

Services or his designee to offer amendments en bloc if those 

amendments have been printed in this report and not earlier disposed of. The Chairman of the Committee of the Whole may recognize for consideration any amendment printed in this report out of 

the order it was printed but not sooner than 30 minutes after the 

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chairman of the Committee on Armed Services announces from the 

floor a request to that effect. The resolution provides one motion 

to recommit with or without instructions. The rule provides that, 

notwithstanding the operation of the previous question, the chair 

may postpone further consideration until a time designated by the 

Speaker. The rule provides that in the engrossment of H.R. 5658, 

the text of H.R. 6048, as passed the House, shall be added at the 

end of H.R. 5658. The resolution authorizes the Speaker to entertain motions that the House suspend the rules at any time through 

the legislative day of Thursday, May 22, 2008, relating to any 

measure pertaining to agricultural programs. 

EXPLANATION OF WAIVERS

The waiver of all points of order against the committee amendment (except for those arising under clause 10 of rule XXI) includes 

waivers of: (1) clause 7 of rule XVI (germaneness), (2) clause 4 of 

rule XXI (appropriating on legislative bills), and (3) section 303 of 

the Congressional Budget Act (mistimed changes in direct spending). 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 507 

Date: May 21, 2008. 

Measure: H.R. 5658. 

Motion by: Mr. Dreier. 

Summary of motion: To strike section 8 of the rule. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea; Slaughter—Nay. 

Rules Committee record vote No. 508 

Date: May 21, 2008. 

Measure: H.R. 5658. 

Motion by: Mr. Diaz-Balart. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Brown-Waite (FL), #27, which 

provides for the concurrent payment of voluntary separation incentives and veterans disability compensation to eligible veterans. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea; Slaughter—Nay. 

Rules Committee record vote No. 509 

Date: May 21, 2008. 

Measure: H.R. 5658. 

Motion by: Mr. Diaz-Balart. 

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Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Akin (MO), #46, which would 

add H.R. 6023, the Freedom to Serve Act, to title V of the bill. The 

amendment would make it a federal criminal offense (1) to interfere with or intimidate any person providing military recruiting 

services, (2) to intimidate or interfere with anyone inquiring about 

service in the U.S. armed services or National Guard of any state, 

or (3) to damage or destroy any recruiting facility or attempt to do 

so. A penalty includes a fine, imprisonment, or both. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions— Yea; Slaughter—Nay. 

Rules Committee record vote No. 510 

Date: May 21, 2008. 

Measure: H.R. 5658. 

Motion by: Mr. Hastings (WA). 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Bishop, Rob (UT), #78, which 

provides the Secretary of Defense (or his designee) authority to procure fuels from alternative fuel sources, such as coals-to-liquids, tar 

sands, and oil shale, if the Secretary determines that it is in the 

best interest of defense readiness and national security. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions— Yea; Slaughter—Nay. 

Rules Committee record vote No. 511 

Date: May 21, 2008. 

Measure: H.R. 5658. 

Motion by: Mr. Sessions. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Sessions (TX), #102, which 

states a Sense of Congress that the United States Congress needs 

to support the development, testing, and fielding of the capability 

to intercept ballistic missiles in their boost phase. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea; Slaughter—Nay. 

Rules Committee record vote No. 512 

Date: May 21, 2008. 

Measure: H.R. 5658. 

Motion by: Mr. Sessions. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Hunter (CA), #124, which provides that the President shall provide for expedited permitting 

processes for the construction and operation of petroleum refineries 

on military installations. Permits the Defense Secretary to enter 

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into agreement with a U.S. person to build and operate a petroleum refinery on a military installation. It requires the President 

to notify Congress if the President utilizes the permitting authority. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea; Slaughter—Nay. 

Rules Committee record vote No. 513 

Date: May 21, 2008. 

Measure: H.R. 5658. 

Motion by: Mr. Sessions. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Terry (NE), #36, which would 

provide the Department of Defense multi-year procurement authority for the purchase of alternative and synthetic aviation fuel. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea; Slaughter—Nay. 

Rules Committee record vote No. 514 

Date: May 21, 2008. 

Measure: H.R. 5658. 

Motion by: Mr. Sessions. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Fortenberry (NE), #66, which 

would replace the TRICARE Reserve Select premium recalculation 

and upper limit with a refund of premiums beyond 28% of program 

cost when premiums collected exceed 33% of actual program cost 

for the year. Refunds would be issued in 2010 and every year 

thereafter. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea; Slaughter—Nay. 

Rules Committee record vote No. 515 

Date: May 21, 2008. 

Measure: H.R. 5658. 

Motion by: Mr. McGovern. 

Summary of motion: To report the rule. 

Results: Adopted 8–4. 

Vote by Members: McGovern—Yea; Hastings (FL)—Yea; Matsui—Yea; Cardoza—Yea; Welch—Yea; Arcuri—Yea; Sutton—Yea; 

Dreier—Nay; Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—

Nay; Slaughter—Yea. 

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SUMMARY OF AMENDMENTS MADE IN ORDER

1. Skelton (MO): Manager’s Amendment. Makes a series of technical corrections to H.R. 5658, as reported by the Committee on 

Armed Services on May 16, 2008. (5 minutes) 

2. Skelton (MO)/Berman (CA)/Lowey (NY): Requires the Defense 

Secretary, Secretary of State, and USAID Administrator to establish a standing advisory panel to improve integration on matters of 

national security. The twelve-member panel, appointed by the 

three agency heads, will look closely at how the three agencies collaborate on specific overseas national security issues. (20 minutes) 

3. Akin (MO): Would increase funding for Future Combat Systems by $193 million. The increase would be offset by (1) a $30 million reduction in Navy research, development, test, and evaluation; 

(2) a $138 million reduction in DOD military personnel; and $25 

million from the Defense Health Program. (10 minutes) 

4. Spratt (SC): Requires the DNI, on an annual basis, to submit 

to Congress an update of the National Intelligence Estimate entitled ‘‘Iran: Nuclear Intentions and Capabilities’’ and dated November 2007. Such update may be submitted in classified form. The 

President shall notify Congress in writing within 15 days of determining that Iran has met or surpassed any major milestone in its 

nuclear weapons program or that Iran has undertaken to accelerate, decelerate, or cease the development of any significant element within its nuclear weapons program. (20 minutes) 

5. Smith, Adam (WA): Would require the President to develop 

and submit to Congress a comprehensive interagency strategy for 

strategic communication and public diplomacy by December 31, 

2009. It also requires the President to submit a report describing 

the current roles and activities of the Departments of Defense and 

State in those areas, as well as to assess and report on a key recommendation by the Defense Science Board, by June 30, 2009. (5 

minutes) 

6. Franks (AZ): Would add $719 million to the Missile Defense 

Agency’s budget. This amendment directs the Department of Defense to utilize the $719 million for Theater High-Altitude Area Defense (THAAD), Aegis Ballistic Missile Defense, and Tests & Targets within the Missile Defense Agency account portfolio. The offset 

for the $719 million is to be determined by the Secretary of Defense 

from title II of the bill (Research, Development, Test, and Evaluation). (20 minutes) 

7. Tauscher (CA): Clarifies that the Federal Advisory Committee 

Act (FACA) does not apply to the Congressional Commission on the 

Strategic Posture of the United States, which was established by 

section 1062 of the National Defense Authorization Act for FY 

2008. (5 minutes) 

8. Boren (OK): Would amend Sec. 526 of the Energy Independence and Security Act of 2007 to include clarifying language regarding the procurement by a federal agency of alternative or synthetic fuels. Would clarify the conditions in Sec. 526 by which DOD 

and other federal agencies would be allowed to enter into a contract to purchase a generally available fuel, if it is not predominantly an alternative or synthetic fuel. The amendment would also 

set forth a set of conditions pursuant to these changes. (20 minutes) 

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9. Cummings (MD)/Watson (CA): Revises section 595 of the bill 

(Senior Military Leadership Diversity Commission) to add two 

Coast Guard officers to the membership of the Commission. (5 minutes) 

10. Sestak (PA): Would provide that autistic children of members 

of the Armed Forces, who are enrolled in the Extended Care Health 

Option program, receive a minimum of $5,000 per month of autistic 

therapy services. (5 minutes) 

11. Sestak (PA): Would establish the Visiting NIH Senior Neuroscience Fellowship Program at the Defense Advanced Research 

Projects Agency (DARPA) and the Defense Center of Excellence for 

Psychological Health and Traumatic Brain Injury (DCoE). (5 minutes) 

12. Buyer (IN): Would provide $22.3 million for Army Reserve first term dental readiness and $8.5 million for Army Reserve demobilization dental treatment. (5 minutes) 

13. Slaughter (NY)/Poe (TX): Would require defense contractors 

supporting the missions in Iraq and Afghanistan to report violent 

crimes committed against or by Defense Department contract employees and require that the information be made public. Would require defense contractors to provide victims with medical and psychological assistance. (5 minutes) 

14. Castle (DE)/Hinojosa (TX): Would give the secretary of a military department authority to authorize military installations to 

enter into partnerships with colleges, universities, and technical 

schools for the purposes of improving the accessibility and flexibility of college courses available to active duty service members. 

Such partnerships would be used to conduct outreach, develop 

flexible class schedules and locations, assist with academic counseling, and assess how resources may be applied more effectively 

to meet educational needs of service members. (5 minutes) 

15. Waxman (CA): Would (1) require agencies to enhance competition in contracting, (2) limit the use of abuse-prone contracts, 

(3) rebuild the federal acquisition workforce, (4) strengthen antifraud measures, and (5) increase transparency in federal contracting. (20 minutes) 

16. LaHood (IL): Would allow a service member with a minor dependent (child under the age of 19) to request a deferment of a deployment to a combat zone if their spouse is currently deployed to 

a combat zone. (5 minutes) 

17. Woolsey (CA): Requires the Navy Secretary and the Interior 

Secretary to negotiate a memorandum of agreement to transfer the 

decommissioned Naval Security Group Activity, Skaggs Island, 

Sonoma, California, from the Navy to the U.S. Fish and Wildlife 

Refuge for inclusion in the National Wildlife Refuge System. It also 

permits the Navy and the Interior Secretary to accept donations 

from the State of California and other entities to cover the costs of 

building removal and environmental remediation. It provides that 

funds received may be merged with other amounts available to 

carry out the section and shall remain available, without appropriation and until expended. (5 minutes) 

18. Berman (CA): Adds an additional finding to title XVI of the 

bill (Reconstruction and Stabilization Civilian Management) to reflect the Administration’s request for stabilization activities. It also 

modifies the amendment to the Foreign Assistance Act made by 

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section 1604 of the bill relating to using otherwise transferred or 

reprogrammed funds for stabilization or reconstruction assistance 

to have it apply to fiscal years 2009, 2010, and 2011 instead of fiscal years 2008, 2009, and 2010. It also increases the amount that 

can be used for these purposes from $100 million to $200 million. 

(10 minutes) 

19. Porter (NV): Finds that Congress and the Secretary of Defense should work to understand and identify the contributing factors related to suicide amongst our service men and women. Additionally, the Amendment strongly encourages the Secretary of Defense to conduct a study related to the mental health risk for noncombative service members, such as Unmanned Aerial Vehicle 

(UAVs) Operators. Moreover, this amendment advises that Congress and the Secretary of Defense provide our military with responsible mental health services and information related to suicide 

prevention. (5 minutes) 

20. Capito (WV): Would increase the amount provided for DOD military personnel by $3 million, one million each for the Army 

Secretary, Navy Secretary, and Air Force Secretary, for the funeral 

honors program. The increase would be offset by a $3 million reduction to be derived from the basic research under the University 

Research Initiatives. (5 minutes) 

21. Cooper (TN): Would require the Secretary of Defense to report to Congress an acquisition strategy for insurance required by 

the Defense Base Act. (5 minutes) 

22. Flake (AZ): Would prohibit any funds appropriated to carry 

out H.R. 5658 from being used for a library/lifelong learning center 

at Marine Corps Base Twentynine Palms, California. (10 minutes) 

23. Tierney (MA): Would reduce funding for the Missile Defense Agency by $966.2 million. It would provide $75 million for the Cooperation Threat Reduction program, $592 million for the nonproliferation and WMD programs of the Energy Department, $30 

million for impact aid to help local educational agencies provide 

support to dependents of service members, $30 million for family 

support of wounded service members, $30 million for suicide prevention programs for service members, and $10 million for a pilot 

program to identify and retrain wounded service members as military health professionals to treat other wounded service members. 

Any remaining funds would be used to fund National Guard and 

Reserve shortfalls, especially in connection with homeland security 

activities. (20 minutes) 

24. Price, Tom (GA): Amends safeguards and internal controls of 

DOD to require that appropriate inventory and property systems 

are updated promptly in response to expenditures charged to a purchase card related to sensitive and pilferable property. It also requires that penalties for violations of the law provide for the reimbursement of charges for unauthorized or erroneous purchases. (5 

minutes) 

25. Price, David (NC): Would prohibit agencies under the Department of Defense from using contractors to perform interrogations. 

The amendment would allow the use of contractors for interpretation. (10 minutes) 

26. Lee (CA): Provides that no provision in any status of forces 

agreement negotiated between the United States and the Government of Iraq that obligates the United States to the defense of Iraq 

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from internal or external threats shall have any legal effect unless 

the agreement is in the form of a treaty requiring the advice and 

consent of the Senate, or is specifically authorized by an Act of 

Congress. (20 minutes) 

27. Fossella (NY): Would direct the Secretary of Defense, in consultation with the United States Postal Service, to provide postal 

benefits to service members serving in Iraq or Afghanistan or currently hospitalized under the care of the Armed Forces. Qualified 

individuals will receive one voucher for every two months their designated service member is overseas. The Department of Defense 

will be appropriated an amount equal to the expenses incurred by 

the program. The Department of Defense will transfer funds to the 

Postal Service in advance of each calendar quarter equal to the estimated costs that the Postal Service will incur. (5 minutes) 

28. Inslee (WA): Directs the Defense Secretary to include the effects of greenhouse gas emissions in planning, requirements development, and acquisition processes. Included is the development of 

a performance parameter to measure greenhouse gas emissions in 

acquisitions. (10 minutes) 

29. Inslee (WA): Directs the Defense Secretary to study the use 

of power management software at DOD facilities to reduce the 

amount of electricity consumed by computers, monitors, and other 

electronic equipment. (5 minutes) 

30. Brown-Waite (FL): Permits the Army Secretary to award the 

Army Combat Action Badge to those soldiers who served during the 

dates ranging from December 7, 1941, to September 18, 2001, if the 

Secretary determines such individuals have not been previously 

recognized in an appropriate manner for such participation. The 

Army Secretary may arrange with suppliers of the Badge so that 

eligible recipients may procure the Badge directly from suppliers. 

(10 minutes) 

31. McGovern (MA)/Bishop, Sanford (GA)/Sestak (PA): Requires 

the Defense Secretary to release to the public, upon request, the 

names, ranks, countries of origin, and other information of students 

and instructors of the Western Hemisphere Institute for Security 

Cooperation (‘‘WHINSEC’’). The amendment covers fiscal years 

2005–2008 and any fiscal year thereafter. (20 minutes) 

32. Holt (NJ)/Tauscher (CA)/Grijalva (AZ)/Schakowsky (IL): 

Would require the videotaping or electronic recording of detainee 

interrogations in the custody of or under the effective control of the 

Department of Defense. Directs the Judge Advocates General of the 

respective military services to develop uniform guidelines for such 

videotaping or electronic recording, and for said guidelines to be 

provided to Congress. (10 minutes) 

33. Pearce (NM): Would amend title XXXI (DOE National Security Programs) to remove $10 million in funding for energy conservation on military installations and increase funding for the Reliable Replacement Warhead program by $10 million. (10 minutes) 

34. McDermott (WA): Would require DOD to report to Congress 

on implementation of the recommendations of the report entitled, 

‘‘Review of the Toxicologic and Radiologic Risks to Military Personnel from Exposure to Depleted Uranium During and After Combat.’’ The Secretary shall expand the depleted uranium registry 

and identify and provide additional health monitoring for Gulf War 

level II personnel who had several hours of unprotected exposure 

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to such munitions in perforated vehicles. The report shall describe 

the progress being made in identifying these veterans and the additional health monitoring being provided. (5 minutes) 

35. King, Steve (IA): Would require the Chief of the National 

Guard Bureau to submit a report to Congress detailing the extent 

to which the various provisions enacted within title XVIII of the 

FY08 National Defense Authorization Act (National Guard Bureau 

Matters) have been effective in giving the National Guard a clearer 

voice in policy and budgetary discussions within the Department of 

Defense and assessing the adequacy of Department of Defense 

funding for the resource requirements of the National Guard. (5 

minutes) 

36. Matsui (CA): Would allow the Defense Department six 

months to review appeals from service members who were denied 

full Army College Fund benefits under Army Incentive Program 

contracts. It also provides that a payment under the amendment 

may be made without regard to any limits on total combined 

amounts under the Army College Fund and the Montgomery GI 

Bill. (5 minutes) 

37. DeFazio (OR): Would require that for any Department of Defense contract for truck transportation or service using fuel, the 

motor carrier, broker, or freight forwarder involved in the transaction must pass any fuel surcharge on to the person responsible 

for paying the cost of fuel and to disclose that surcharge and other 

charges in writing. The amendment also directs the Department of 

Defense to prescribe regulations for the enforcement of this provision, including any necessary penalties or sanctions. (5 minutes) 

38. Turner (OH): Would require a report from the Secretary of 

Defense within 45 days after the date of enactment on laboratory 

personnel demonstration projects. (5 minutes) 

39. Stupak (MI): Would extend eligibility for military disability 

retired pay to individuals who left enlisted service in order to attend a military academy between January 1, 2000 and October 28, 

2004, and who suffered a disabling injury while attending the academy. (5 minutes) 

40. DeLauro (CT)/Courtney (CT): Requires the Defense Secretary 

to conduct a demonstration project to assess the feasibility and efficacy of providing a face to face post-deployment mental health 

screening between a member of the Armed Forces and a mental 

health provider. The project shall be developed by the Defense Secretary in conjunction with the VA Secretary and HHS Secretary. 

The Defense Secretary may coordinate with any accredited college, 

university, hospital-based or community-based mental health center the Secretary deems appropriate. (5 minutes) 

41. Everett (AL): Would expand existing authority for professional military education institutions of the Army, Navy, Air Force, 

and Marine Corps to award degrees to graduates of their schools. 

The amendment also would establish congressional notification requirements for the establishment, modification, redesignation, or 

termination of any new or existing degree programs. It prohibits 

the awarding of a degree unless the Education Secretary has recommended approval of the degree in accordance with the Federal 

Policy Governing Granting of Academic Degrees by Federal 

Agences and the curriculum leading to the degree is accredited by 

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the appropriate civilian agency or organization (as determined by 

the Education Secretary). (5 minutes) 

42. Schakowsky (IL): Would require the Secretary of Defense to 

revise the regulations issued pursuant to section 862 of the Fiscal 

Year 2008 National Defense Authorization Act (contractors performing private security functions in areas of combat operations) to 

ensure that private security contractors are not authorized to perform inherently governmental functions in an area of combat operations. It also requires the Defense Secretary, in coordination with 

other agency heads, to review the performance of private security 

contractors to ensure compliance with the amendment. (5 minutes) 

43. Schiff (CA): Would require the Defense Secretary to study 

methods to verifiably reduce the likelihood of accidental nuclear 

launch by any nation. The Secretary must report to Congress on 

the results of the study within 6 months. (5 minutes) 

44. Blumenauer (OR): Would require the Defense Secretary to establish a program to research and develop unexploded ordnance detection technology and facilitate the deployment of this technology 

in the field. The Secretary may carry out the program via grants 

or other financial arrangements with states, private companies, 

academic institutions, or other nongovernmental entities. (5 minutes) 

45. Bordallo (GU): Would permit the Transportation Secretary, 

acting through the Maritime Administration, to establish a Port of 

Guam Improvement Enterprise Program to provide for the planning, design, and construction of projects for the Port of Guam to 

improve facilities, relieve port congestion, and provide greater access to port facilities. It also establishes in the United States Treasury a separate account known as the Port of Guam Improvement 

Enterprise Fund to carry out the program. It permits funds in the 

account to be deposited and transferred to the Administrator. Provides that nothing in the section shall authorize amounts made 

available under 23 U.S.C. sec. 215 or other funds for highway improvements not eligible for making port improvements to be deposited into the Fund. (5 minutes) 

46. Moore, Gwen (WI): Would require the Comptroller General to 

review, and report to Congress within one year on, the DOD’s implementation of the recommendations of the Department of Defense 

Task Force on Mental Health to ensure a full continuum of psychological health services and care for members of the Armed Forces 

and their families. (5 minutes) 

47. Ortiz (TX): Would require a report be submitted to the congressional defense committees by the Secretary of the Navy not 

later than 120 days after enactment of the act on future jet carrier 

training requirements. The report shall assess the Navy’s plan concerning jet carrier training requirements; assess studies conducted 

by independent organizations concerning jet carrier trainer requirements; and include a cost-benefit analysis between a new start program or modernization of the existing platform. (5 minutes) 

48. Kennedy, Patrick (RI)/Shea-Porter (NH): Requires the Secretary of Defense to conduct a demonstration project to assess the 

feasibility of providing a behavioral health care provider locator 

and appointment assistance service for members of the reserve 

components of the Armed Forces seeking treatment for depression, 

post traumatic stress disorder, substance abuse problems, and 

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other mental illnesses. The demonstration program would include 

a toll-free hotline that would be available 24 hours a day 7 days 

a week to help reservists find behavioral health care providers and 

schedule outpatient appointments within the TRICARE network. (5 

minutes) 

49. Israel (NY): Requires the Secretary of Defense to report to 

Congress on DOD’s policies regarding the sale and disposal of used 

motor vehicle oil, including policies to require closed loop recycling 

of used oil as a means of reducing total indirect energy usage and 

greenhouse gas emissions. The Secretary shall implement such 

policies whenever feasible. (5 minutes) 

50. Israel (NY): Would create a joint Department of Defense/Department of State program for the purpose of hiring Iraqis (who 

supported U.S. efforts in Iraq and who have resettled in the U.S.) 

as translators, interpreters, and cultural awareness instructors for 

various agencies of the federal government. It also requires the Defense Secretary and Secretary of State to work with NGO’s and refugee coordinators of the State Department to ensure Iraqis resettled in the U.S. are informed of the program. (10 minutes) 

51. Schwartz (PA)/Murphy, Patrick (PA): Would prevent future 

use of the airfield at NASJRB Willow Grove, Pennsylvania, for 

commercial passenger operations; commercial cargo operations; 

commercial, business, or nongovernment aircraft operations not related to missions of the installation; and as a reliever airport to relieve congestion at other airports. (5 minutes) 

52. Bishop, Sanford (GA): Would provide 180 days of transitional 

health care to those service members who separate honorably from 

active duty and agree to serve in the Guard or Selected Reserve at 

no charge to the service member. It would offset the cost by cutting 

$22 million from the Missile Defense Agency. (10 minutes) 

53. Braley (IA): Requires the President to submit a report to 

Congress on the long-term costs of Operation Iraqi Freedom and 

Operation Enduring Freedom within 90 days of enactment. The 

amendment directs the estimate to be based on certain scenarios; 

make projections through at least Fiscal Year 2068; and take into 

account and specify various factors, including operational costs, reconstruction costs, and the cost of providing health care and disability benefits. (10 minutes) 

54. Carney (PA): Would express the sense of Congress that each 

military department should, to the maximum extent practicable, 

provide honor guard details for the funerals of veterans. (5 minutes) 

55. Ellsworth (IN)/Emanuel (IL): Would revise the Federal Acquisition Regulation by requiring each contract awarded by the Department of Defense to contain a clause prohibiting the contractor 

from performing the contract using a subsidiary or subcontractor 

that is a foreign shell company if the foreign shell company will 

perform the work of the contract or subcontract using United 

States citizens or permanent residents of the United States. A foreign shell company is an entity that is incorporated outside the 

United States or Canada and does not manage, direct, or exercise 

operational control over personnel performing work under a contract of the entity. (10 minutes) 

56. Hodes (NH)/DeFazio (OR)/DeLauro (CT): Provides that no 

funds authorized in the bill may be used for propaganda purposes, 

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and directs the DOD Inspector General and GAO to report on 

whether or not the defense analysts program violated propaganda 

provisions of Department of Defense appropriations bills for Fiscal 

Years 2002 through 2008. (20 minutes) 

57. Yarmuth (KY)/Klein (FL): Would make it the policy of the 

United States that any Status of Forces Agreement (SOFA) negotiated between the U.S. and Iraq include measures requiring the 

Iraqi Government to provide financial or other types of support for 

U.S. Armed Forces stationed in Iraq. (10 minutes) 

58. Foster (IL)/Schiff (CA): Amends title XXXI of the bill (DOE 

National Security Programs) to require the Administrator for Nuclear Security to establish a fellowship program for Ph.D. candidates in nuclear chemistry. The amendment would support research and development of our nation’s nuclear forensics capability, 

call for the enhancement and linkage of international nuclear material databases to enable prompt data access, establish a joint 

independent Nuclear Forensics Advisory Panel of recognized experts, and require the President to report to Congress on Cabinetlevel participation in nuclear terrorism preparedness exercises that 

include nuclear forensics analysis. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SKELTON

OF MISSOURI, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

In section 201(1), strike the dollar amount and insert the following: ‘‘$10,688,695,000’’. 

In section 201(2), strike the dollar amount and insert the following: ‘‘$19,764,738,000’’. 

In section 595(a), strike ‘‘(1) IN GENERAL.—’’. 

In section 713(d)(1)(B), strike ‘‘copayments for smoking cessation 

services had been waived pursuant to subsection (b) during that 

year’’ and insert ‘‘if the beneficiary had not been excluded under 

subsection (a) from the smoking cessation program under that subsection’’. 

In section 714, amend the section heading to read as follows: 

SEC. 714. PREVENTIVE HEALTH ALLOWANCE. 

In section 832, page 329, line 12, strike ‘‘438(c)(1)(A)’’ and insert 

‘‘438(d)(1)’’. 

In section 1001(a)(2), in lieu of the blank underscore after the 

dollar sign, insert ‘‘4,000,000,000’’. 

In section 2902, strike subsection (a) and insert the following 

new subsection: 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in subsection (c)(1), 

the Secretary of the Navy may acquire real property and carry out 

military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

California Camp Pendleton ......................................... $19,962,000 

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Navy: Inside the United States—Continued 

State Installation or Location Amount 

China Lake ................................................. $7,210,000 

Point Mugu ................................................. $7,250,000 

San Diego .................................................... $17,930,000 

San Diego, Marine Corps Recruit Depot .. $43,200,000 

Twentynine Palms ..................................... $12,324,000 

Florida ..... Eglin Air Force Base .................................. $780,000 

Mississippi Gulfport ....................................................... $6,570,000 

North 

Carolina.

Camp Lejeune ............................................. $27,980,000 

Parris Island Marine Corps Recruit 

Depot.

$16,000,000 

Virginia ... Yorktown ..................................................... $8,070,000 

In section 2902(c), strike the dollar amounts in the matter preceding paragraph (1) and in paragraph (1) and insert 

‘‘$197,618,000’’ and ‘‘$171,176,000’’, respectively. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SKELTON

OF MISSOURI, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

At the end of title X, add the following new section: 

SEC. 1071. STANDING ADVISORY PANEL ON IMPROVING INTEGRATION 

BETWEEN THE DEPARTMENT OF DEFENSE, THE DEPARTMENT OF STATE, AND THE UNITED STATES AGENCY FOR 

INTERNATIONAL DEVELOPMENT ON MATTERS OF NATIONAL SECURITY. 

(a) ESTABLISHMENT OF ADVISORY PANEL.—The Secretary of Defense, the Secretary of State, and the Administrator of the United 

States Agency for International Development shall jointly establish 

an advisory panel to review the respective roles and responsibilities 

of the Department of Defense, the Department of State, and the 

United States Agency for International Development in the national security collaborative system. 

(b) MEMBERSHIP.—

(1) COMPOSITION.—The advisory panel shall be composed of 

12 members, of whom—

(A) three shall be appointed by the Secretary of Defense, 

in consultation with the Secretary of State and the Administrator; 

(B) three shall be appointed by the Secretary of Defense, 

in consultation with the Chairman of the Joint Chiefs of 

Staff, the Secretary of State, and the Administrator; 

(C) three shall be appointed by the Secretary of State, in 

consultation with the Secretary of Defense and the Administrator; and 

(D) three shall be appointed by the Administrator, in 

consultation with the Secretary of Defense and the Secretary of State. 

(2) CHAIRMAN.—The Secretary of Defense, the Secretary of 

State, and the Administrator shall jointly designate one member as chairman. 

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(3) VICE CHAIRMAN.—The Secretary of Defense, the Secretary 

of State, and the Administrator shall jointly designate one 

member as vice chairman. The vice chairman may not be a 

member appointed to the advisory panel under paragraph (1) 

by the same Secretary or Administrator that appointed the 

chairman to the advisory panel under paragraph (1). 

(4) EXPERTISE.—Members of the advisory panel shall be private citizens of the United States with national recognition and 

significant experience in the Federal Government, the Armed 

Forces, public administration, foreign affairs, or development. 

(5) DEADLINE FOR APPOINTMENT.—All members of the advisory panel shall be appointed not earlier than January 20, 

2009, and not later than March 20, 2009. 

(6) TERMS.—The term of each member of the advisory panel 

is for the life of the advisory panel. 

(7) VACANCIES.—A vacancy in the advisory panel shall be 

filled not later than 30 days after such vacancy occurs and in 

the manner in which the original appointment was made. 

(8) SECURITY CLEARANCES.—The appropriate departments or 

agencies of the Federal Government shall cooperate with the 

advisory panel in expeditiously providing to the members and 

staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no 

person shall be provided with access to classified information 

under this section without the appropriate security clearances. 

(9) STATUS.—A member of the advisory board who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee, except for the purposes of 

chapter 81 of title 5, United States Code, and chapter 171 of 

title 28, United States Code. 

(10) EXPENSES.—The members of the advisory panel shall be 

allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes 

or regular places of business in the performance of services for 

the advisory panel. 

(c) MEETINGS AND PROCEDURES.— (1) INITIAL MEETING.—The advisory panel shall conduct its 

first meeting not later than 30 days after the date that all appointments to the advisory panel have been made under subsection (b). 

(2) MEETINGS.—The advisory panel shall meet not less often 

than once every three months. The advisory panel may also 

meet at the call of the Secretary of Defense, the Secretary of 

State, or the Administrator. 

(3) PROCEDURES.—The advisory panel shall carry out its duties under procedures established under subsection (d). 

(4) NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE

ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) 

shall not apply to the advisory panel. 

(d) SUPPORT OF FEDERALLY FUNDED RESEARCH AND DEVELOP- MENT CENTER.— (1) IN GENERAL.—The Secretary of Defense, in consultation 

with the Secretary of State and the Administrator, shall enter 

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ment center for the provision of administrative and logistical 

support and assistance to the advisory panel in carrying out its 

duties under this section. Such support and assistance shall include the establishment of the procedures of the advisory panel 

under subsection (c)(3). 

(2) DEADLINE FOR CONTRACT.—The Secretary of Defense 

shall enter into the contract required by this subsection not 

later than 60 days after the date of the enactment of this Act. 

(e) DUTIES OF PANEL.— (1) The advisory panel shall analyze the roles and responsibilities of the Department of Defense, the Department of 

State, and the United States Agency for International Development regarding— (A) stability operations; 

(B) non-proliferation; 

(C) foreign assistance (including security assistance); 

(D) strategic communications; 

(E) public diplomacy; 

(F) the role of contractors; and 

(G) other areas the Secretary of Defense, the Secretary 

of State, and the Administrator consider appropriate. 

(2) In providing advice, guidance, and recommendations to 

improve the national security collaborative system, the advisory panel shall review— (A) the structures and systems that coordinate policymaking; 

(B) the roles and responsibilities of the departments and 

agencies of the Federal Government involved in the national security collaborative system; 

(C) integrating the expertise of the departments and 

agencies of the Federal Government involved in the national security collaborative system; and 

(D) coordinating personnel assigned abroad as part of 

the national security collaborative system. 

(f) COOPERATION OF OTHER AGENCIES.—Upon request by the advisory panel, any department or agency of the Federal Government 

shall provide information that the advisory panel considers necessary to carry out its duties. 

(g) REPORTS.— (1) INTERIM REPORT.—

(A) Not later than 180 days after the first meeting of the 

advisory panel, the advisory panel shall submit to the Secretary of Defense, the Secretary of State, and the Administrator, a report that identifies—

(i) aspects of the national security collaborative system that should take priority during the improvement 

of integration between the Department of Defense, the 

Department of State, and the United States Agency 

for International Development; and 

(ii) methods to better integrate the national security 

collaborative system. 

(2) ANNUAL REPORT.— (A) Not later than December 31 of each year, the advisory panel shall submit to the Secretary of Defense, the 

Secretary of State, and the Administrator, a report on—

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(i) the activities of the advisory panel; 

(ii) any deficiencies in the national security collaborative system; 

(iii) any improvements made to the national security 

collaborative system; 

(iv) methods to better integrate the national security 

collaborative system; and 

(v) such findings, conclusions, and recommendations 

as the advisory panel considers appropriate. 

(3) SUBMISSION OF REPORT TO CONGRESS.—The Secretary of 

Defense, the Secretary of State, and the Administrator shall 

submit to the appropriate committees of Congress the reports 

under this subsection and any additional information considered appropriate. 

(4) CONGRESSIONAL BRIEFINGS.—Not later than 30 days after 

the submission of each report under this subsection, the advisory panel shall meet with the appropriate committees to brief 

such committees on the matters contained in the report. 

(5) APPROPRIATE COMMITTEES.—For the purposes of this subsection, the appropriate committees of Congress are the following: 

(A) The Committees on Foreign Relations, Armed Services, and Appropriations of the Senate. 

(B) The Committees on Foreign Affairs, Armed Services, 

and Appropriations of the House of Representatives. 

(h) TERMINATION OF ADVISORY PANEL.—The advisory panel shall 

terminate on September 30, 2013. 

(i) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the United States Agency for International 

Development. 

(2) NATIONAL SECURITY COLLABORATIVE SYSTEM.—The term 

‘‘national security collaborative system’’ means the structures, 

mechanisms, and processes by which the Department of Defense, the Department of State, and the United States Agency 

for International Development coordinate and integrate their 

policies, capabilities, expertise, and activities to accomplish national security missions overseas. 

(3) STABILITY OPERATIONS.—The term ‘‘stability operations’’

means stability and reconstruction operations conducted by departments or agencies of the Federal Government described by 

Department of Defense Directive 3000.05, National Security 

Presidential Directive 1, or National Security Presidential Directive 44. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE AKIN OF

MISSOURI, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle A of title II, add the following new section: 

SEC. 203. INCREASED FUNDING FOR FUTURE COMBAT SYSTEMS. 

(a) INCREASE.—The amount provided in section 201(1) for research, development, test, and evaluation, Army, is hereby increased by $193,000,000, of which—

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(1) $101,000,000 shall be available for Future Combat Systems, MGV; and (2) $92,000,000 shall be available for Future Combat Systems, SoS Engineering. 

(b) CORRESPONDING OFFSETS.—The amount in section 201(2) for 

research, development, test, and evaluation, Navy, is hereby reduced by $30,000,000, to be derived from PE 0305205N, line 198 

Endurance Unmanned Aerial Vehicles, Broad Area Maritime Surveillance. The amount in section 421, military personnel, is hereby 

reduced by $138,000,000, to be derived from unobligated balances. 

The amount in section 1403, Defense Health Program, is hereby reduced by $25,000,000, to be derived from unobligated balances. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SPRATT OF

SOUTH DAKOTA, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

Strike section 1224 of the bill and insert the following: 

SEC. 1224. REQUIREMENT TO UPDATE NATIONAL INTELLIGENCE ESTIMATE ON IRAN’S NUCLEAR INTENTIONS AND CAPABILITIES. 

(a) REQUIREMENT.—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 an update of the National Intelligence Estimate, entitled ‘‘Iran: Nuclear Intentions and 

Capabilities’’ and dated November 2007. Such update may be submitted in classified form. 

(b) ELEMENTS TO BE CONSIDERED.—Each update submitted 

under subsection (a) shall include the following: 

(1) The locations, types, and number of centrifuges and other 

specialized equipment necessary for the enrichment of nuclear 

material and any plans to develop and operate such equipment 

in the future. 

(2) An estimate of the amount, if any, of enriched to weapons-grade uranium materials acquired or produced to date and 

plutonium acquired or produced and reprocessed into weaponsgrade material to date, an estimate of the amount of plutonium 

that is likely to be produced and reprocessed into weaponsgrade material in the near- and midterms and the amount of 

uranium that is likely to be enriched to weapons-grade levels 

in the near- and midterms, and the number of nuclear weapons 

that could be produced with each category of materials. 

(3) A description of the security and safeguards at any nuclear site that could prevent, slow, verify or monitor the enrichment of uranium or the reprocessing of plutonium into weapons-grade materials. 

(4) A description of the weaponization activities, such as the 

research, design, development, or testing of nuclear weapons or 

weapons-related components. 

(5) A description of programs to construct, acquire, test, or 

improve methods to deliver nuclear weapons, including an assessment of the likely progress of such programs in the nearand mid-terms. 

(6) A summary of assessments made by other allies of the 

United States of Iran’s nuclear weapons program and nuclearcapable delivery systems programs. 

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(c) NOTIFICATION.—The President shall notify Congress, in writing, within 15 days of determining that— (1) the Islamic Republic of Iran has met or surpassed any 

major milestone in its nuclear weapons program; or 

(2) Iran has undertaken to accelerate, decelerate, or cease 

the development of any significant element within its nuclear 

weapons program. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SMITH OF

WASHINGTON, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of title X, add the following new section: 

SEC. 1071. COMPREHENSIVE INTERAGENCY STRATEGY FOR STRATEGIC COMMUNICATION AND PUBLIC DIPLOMACY ACTIVITIES OF THE FEDERAL GOVERNMENT. 

(a) COMPREHENSIVE STRATEGY.— (1) STRATEGY.—The President shall develop a comprehensive 

interagency strategy for public diplomacy and strategic communication that updates and builds upon the strategy outlined 

by the Strategic Communication and Public Diplomacy Policy 

Coordinating Committee in the publication titled ‘‘U.S. National Strategy for Public Diplomacy and Strategic Communication’’ (June, 2007). 

(2) CONTENTS.—The strategy required by this subsection 

shall contain overall objectives, goals, actions to be performed, 

and benchmarks and timetables for the achievement of such 

goals and objectives. 

(3) COMPONENTS.—The strategy shall include the following 

components: 

(A) Prioritizing the mission of supporting specific foreign 

policy objectives, such as counterterrorism and efforts to 

combat extremist ideology, in parallel and in complement 

with, as appropriate, the broad mission of communicating 

the policies and values of the United States to foreign audiences. 

(B) Consolidating and elevating Federal Government 

leadership to prioritize, manage, and implement the strategy required by this subsection, including the consideration of establishing strategic communication and public 

diplomacy positions at the National Security Council and 

establishing a single office to coordinate strategic communication and public diplomacy efforts. 

(C) Improving coordination across departments and 

agencies of the Federal Government on—

(i) strategic planning; 

(ii) research activities, such as research into the attitudes and behaviors of foreign audiences; and 

(iii) the development of editorial content, including 

content for Internet websites and print publications. 

(D) Developing a more rigorous, research-based, targeted 

approach to strategic communication and public diplomacy 

efforts, with efforts differentiated for specific target audiences in various countries and regions. 

(E) Developing more rigorous monitoring and evaluation 

mechanisms. 

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(F) Making greater use of innovative tools in strategic 

communication and public diplomacy research and operations, including new media platforms and social research 

technologies. 

(G) Making greater use of participation from private sector entities, academic institutions, not-for-profit organizations, and other non-governmental organizations in supporting strategic communication and public diplomacy efforts, including the consideration of establishing an independent, not-for-profit organization described in subsection 

(b). 

(H) Increasing resources devoted to strategic communication and public diplomacy efforts. 

(4) REPORTS.—

(A) INITIAL REPORT.—Not later than December 31, 2009, 

the President shall submit to the appropriate committees 

of Congress a report that describes the strategy required 

by this subsection. 

(B) SUBSEQUENT REPORTS.—Not less than once every two 

years after the submission of the initial report under subparagraph (A), the President shall submit to the appropriate committees of Congress a report on—

(i) the status of the implementation of the strategy; 

(ii) progress toward achievement of benchmarks; 

and 

(iii) any changes to the strategy since the submission of the previous report. 

(b) STUDY OF INDEPENDENT ORGANIZATION.— (1) STUDY.—The Secretary of State and the Secretary of Defense shall jointly conduct a study assessing the recommendation from the Defense Science Board’s Task Force on Strategic 

Communication to establish an independent, not-for-profit organization responsible for providing independent assessment 

and strategic guidance to the Federal Government on strategic 

communication and public diplomacy. 

(2) SCOPE.—The study shall include— (A) an assessment of the benefits gained by establishing 

such an organization; and 

(B) an outline of the potential framework of such an organization, including its organization, mission, capabilities, 

and operations. 

(c) REPORT ON ROLES OF DEPARTMENTS OR AGENCIES OF THE

FEDERAL GOVERNMENT.—

(1) REPORT.—Not later than June 30, 2009, the President 

shall submit to the appropriate committees of Congress a report—

(A) describing the roles of the Department of State and 

the Department of Defense regarding strategic communication and public diplomacy; and 

(B) assessing proposals to establish an independent center to support government-wide strategic communication 

and public diplomacy efforts, including the study described 

in subsection (b). 

(2) REPORT ELEMENTS.—The report shall contain the following: 

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(A) A description of activities performed by the Department of Defense as part of strategic communication, including—

(i) efforts to disseminate directly to foreign audiences messages intended to shape the security environment of a combatant command; 

(ii) psychological operations, including those in direct support of contingency operations other than Operation Enduring Freedom or Operation Iraqi Freedom, that are intended to counter extremist and hostile propaganda or promote stability and security; and 

(iii) public affairs programs to shape the opinions of 

foreign audiences. 

(B) A current description of activities conducted by the 

Under Secretary for Public Diplomacy and Public Affairs 

at the Department of State, including—

(i) outreach to mass audiences and strategic audiences, such as opinion makers, youth, and other targeted groups, using media, lectures, information centers, and cultural events; 

(ii) use of interactive media technologies, such as 

Internet blogs and social networking websites, to build 

relationships and to counter extremist groups using 

similar media; 

(iii) education and exchange programs; 

(iv) book translation; and 

(v) work with non-governmental organizations and 

private-sector partners. 

(C) A definition of the roles of the offices within the Department of State and the Department of Defense that are 

engaged in message outreach to audiences abroad. 

(D) A detailed explanation of how the Department of 

State and the Department of Defense perform unique strategic communication activities and public diplomacy activities. 

(E) An explanation of how the Department of State and 

the Department of Defense coordinate strategic communication and public diplomacy activities in—

(i) using polls, focus groups, and other measures to 

learn the attitudes and behavior of foreign audiences; 

(ii) publishing editorial content on Internet websites 

and in print media; 

(iii) organizing field support for military information 

support teams, civil affairs, and other shared activities; 

(iv) using foreign-directed education and training resources; and 

(v) training personnel in both departments by exchanging faculty and students of the Foreign Service 

Institute, the Army War College, the Naval War College, and other similar institutions. 

(d) FORM AND AVAILABILITY OF REPORTS.—

(1) FORM.—The reports required by this section may be submitted in a classified form. 

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(2) AVAILABILITY.—Any unclassified portions of the reports 

required by this section shall be made available to the public. 

(e) APPROPRIATE COMMITTEES.—For the purposes of this section, 

the appropriate committees of Congress are the following: 

(1) The Committees on Foreign Relations, Armed Services, 

and Appropriations of the Senate. 

(2) The Committees on Foreign Affairs, Armed Services, and 

Appropriations of the House of Representatives. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FRANKS OF

ARIZONA, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

At the end of title II, add the following new section: 

SEC. 2ll. INCREASED AMOUNT FOR MISSILE DEFENSE AGENCY. 

(a) INCREASE.—The amount in section 201(4), research, development, test, and evaluation, defense-wide, is hereby increased by 

$719,000,000, to be derived by increasing the amounts, as the Secretary of Defense determines, for— (1) the Terminal High Altitude Area Defense program; 

(2) the Aegis ballistic missile defense program; and 

(3) the ballistic missile defense testing and targets program. 

(b) OFFSET.—The total amount authorized in title II for research, 

development, test, and evaluation is hereby reduced by 

$719,000,000, to be derived from any account other than the Missile Defense Agency, as determined by the Secretary of Defense. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TAUSCHER

OF CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of title X, insert the following new section: 

SEC. 1071. NONAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT TO THE CONGRESSIONAL COMMISSION ON 

THE STRATEGIC POSTURE OF THE UNITED STATES. 

Section 1062 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 476) is amended by adding at the end the following new subsection: ‘‘(h) NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— The Federal Advisory Committee Act (5 U.S.C. App.) does not 

apply to the commission, which advises Congress, because the Federal Advisory Committee Act applies only to commissions that advise the executive branch.’’. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BOREN OF

OKLAHOMA, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

At the end of subtitle D of title III, add the following new section: 

SEC. 335. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT. 

Section 526 of the Energy Independence and Security Act of 2007 

(Public Law 110–140; 42 U.S.C. 17142) is amended—

(1) by striking ‘‘No Federal agency’’ and inserting ‘‘(a) REQUIREMENT.—Except as provided in subsection (b), no Federal 

agency’’; and 

(2) by adding at the end the following: 

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‘‘(b) EXCEPTION.—Subsection (a) does not prohibit a Federal agency from entering into a contract to purchase a generally available 

fuel that is not an alternative or synthetic fuel or predominantly 

produced from a nonconventional petroleum source, if— ‘‘(1) the contract does not specifically require the contractor 

to provide an alternative or synthetic fuel or fuel from a nonconventional petroleum source; ‘‘(2) the purpose of the contract is not to obtain an alternative or synthetic fuel or fuel from a nonconventional petroleum source; and 

‘‘(3) the contract does not provide incentives for a refinery 

upgrade or expansion to allow a refinery to use or increase its 

use of fuel from a nonconventional petroleum source.’’. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CUMMINGS

OF MARYLAND, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

In section 595, redesignate subsection (h) as subsection (i) and 

insert after subsection (g) the following new subsection: 

(h) INCLUSION OF COAST GUARD IN SENIOR MILITARY LEADERSHIP

DIVERSITY COMMISSION.—

(1) EXPANSION OF COMMISSION.—The commission shall include two additional members, as follows: 

(A) 1 retired flag officer of the Coast Guard appointed by 

the Secretary of Homeland Security, in consultation with 

the Commandant of the Coast Guard. 

(B) 1 senior commissioned officer or noncommissioned officer of the Coast Guard on active duty appointed by the 

Secretary of Homeland Security, in consultation with the 

Commandant of the Coast Guard. 

(2) ARMED FORCES DEFINED.—In this section, the term 

‘‘Armed Forces’’ means the Army, Navy, Air Force, Marine 

Corps, and Coast Guard. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SESTAK

OF PENNSYLVANIA, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

Page 282, insert after line 2 the following: 

(a) MINIMUM COST SHARE PER MONTH.—The Secretary of Defense shall ensure that autistic children of members of the Armed 

Forces enrolled in the Extended Care Health Option program shall 

be eligible to receive a minimum of $5,000 per month of autistic 

therapy services. 

Page 282, line 3, strike ‘‘(a)’’ and insert ‘‘(b)’’. 

Page 282, line 8, strike ‘‘(b)’’ and insert ‘‘(c)’’. 

Page 282, line 23, strike ‘‘(c)’’ and insert ‘‘(d)’’. 

Page 282, insert after line 3 the following: 

(3) EXTENDED CARE HEALTH OPTION.—The term ‘‘Extended 

Care Health Option’’ means the program of extended benefits 

provided pursuant to subsections (d), (e), and (f) of section 1079 

of title 10, United States Code. 

(e) FUNDING.—Of the amount authorized to be appropriated by section 1511(a), $29,000,000 is authorized to be used to carry out 

this section. 

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11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SESTAK

OF PENNSYLVANIA, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of title II, insert the following new section: 

SEC. 239. VISITING NIH SENIOR NEUROSCIENCE FELLOWSHIP PROGRAM. 

(a) REQUIREMENT TO ESTABLISH.—The Secretary of Defense may 

establish a program to be known as the Visiting NIH Senior Neuroscience Fellowship Program (in this section referred to as the ‘‘Program’’) at the Defense Advanced Research Projects Agency 

(DARPA) and the Defense Center of Excellence for Psychological 

Health and Traumatic Brain Injury (DCoE). 

(b) ACTIVITIES OF THE PROGRAM.—The Program may—

(1) provide a partnership between the National Institutes of 

Health (NIH) and DARPA that will enable identification and 

funding of the broadest range of innovative, highest quality 

clinical and experimental neuroscience studies for the benefit 

of men and women in the Armed Forces; 

(2) provide a partnership between the NIH and the DCoE 

that will enable identification and funding of clinical and experimental neuroscience studies for the benefit of men and 

women in the Armed Forces; 

(3) provide a technology transfer mechanism whereby the results of such studies can, where appropriate, be used to enhance the health mission of the NIH for the benefit of the public; and 

(4) provide a military/civilian collaborative environment for 

neuroscience-based medical problem-solving in critical areas 

impacting both military and civilian life, particularly post-traumatic stress disorder. 

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BUYER OF

INDIANA, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of title III, add the following new section: 

SEC. 362. FUNDING FOR PROGRAMS RELATING TO DENTAL READINESS FOR THE ARMY RESERVE. 

Of the amount authorized in section 301(6) to be appropriated for 

fiscal year 2009 for the Army Reserve—

(1) $22,300,000 is authorized for first term dental readiness; 

and 

(2) $8,500,000 is authorized for demobilization dental treatment. 

13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SLAUGHTER OF NEW YORK, OR HER DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of title VIII, add the following new section: 

SEC. 849. ADDITIONAL CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES RELATING TO ALLEGED CRIMES BY OR 

AGAINST CONTRACTOR PERSONNEL IN IRAQ AND AFGHANISTAN. 

(a) REQUIREMENTS FOR DEFENSE CONTRACTORS.—

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(1) IN GENERAL.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of Defense shall develop 

requirements relating to covered offenses allegedly perpetrated 

by or against contractor personnel in the case of defense contractors performing covered contracts. 

(2) SPECIFIC MATTERS COVERED.— The requirements developed under paragraph (1) shall include the following: 

(A) REPORTING REQUIREMENT.—A requirement for defense contractors to report, in a manner prescribed by the 

Secretary of Defense, covered offenses allegedly perpetrated by or against contractor personnel. 

(B) ASSISTANCE.—A requirement for defense contractors 

to provide for victim and witness safety, medical assistance, and psychological assistance in the case of a covered 

offense. The Secretary of Defense shall prescribe regulations to carry out this subparagraph, and the regulations 

shall be in accordance with regulations of the Department 

of Defense relating to restricted reporting for sexual assaults. 

(C) INFORMATION.—A requirement that the contractor 

provide to all contractor personnel who will perform work 

on the contract, before beginning such work, information 

on the following: 

(i) How and where to report an alleged covered offense. 

(ii) Where to seek the assistance required by subparagraph (B). 

(3) IMPLEMENTATION AS CONDITION OF CURRENT AND FUTURE

CONTRACTS.—

(A) CURRENT CONTRACTS.—With respect to any covered 

contract in effect on the date of the enactment of this Act, 

the contract shall be modified to include the requirements 

under paragraph (1) as a condition of the contract. 

(B) FUTURE CONTRACTS.—With respect to any covered 

contract entered into by the Department of Defense after 

the date of the enactment of this Act, the requirements developed under paragraph (1) shall be included as a condition of the covered contract. 

(b) GOVERNMENT REQUIREMENTS.—Beginning not later than 180 

days after the date of the enactment of this Act, the Secretary of 

Defense shall make publicly available a numerical accounting of alleged covered offenses reported under this section. The information 

shall be updated no less frequently than quarterly. 

(c) DEFINITIONS.—In this section: 

(1) COVERED CONTRACT.—The term ‘‘covered contract’’—

(A) means a contract with the Department of Defense 

performed—

(i) in Iraq or Afghanistan; or 

(ii) in any area designated by the Secretary as being 

in support of the United States mission in Iraq or Afghanistan; and 

(B) includes—

(i) any subcontract at any tier under the contract; 

and 

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(ii) any task order or delivery order issued under the 

contract or such a subcontract. 

(2) COVERED OFFENSE.—The term ‘‘covered offense’’, with respect to a covered contract, means an offense under chapter 

212 of title 18, United States Code—

(A) that is a crime of violence (as defined in section 16 

of such title 18); and 

(B) that is committed—

(i) by or against contractor personnel; and 

(ii) in geographic areas where the covered contract 

is performed. 

(3) CONTRACTOR PERSONNEL.—The term ‘‘contractor personnel’’ means any person performing work under a covered 

contract, including individuals and subcontractors at any tier. 

14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTLE

OF DELWARE, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

Add at the end of subtitle E of title V, the following new section: 

SEC. 5ll. ENHANCING EDUCATION PARTNERSHIPS TO IMPROVE ACCESSIBILITY AND FLEXIBILITY FOR MEMBERS OF THE 

ARMED FORCES. 

(a) AUTHORITY.—The Secretary of a military department may 

enter into one or more education partnership agreements with educational institutions in the United States for the purpose of—

(1) developing plans to improve the accessibility and flexibility of college courses available to eligible members of the 

Armed Forces; 

(2) improving the application process for the Armed Forces 

tuition assistance programs and raising awareness regarding 

educational opportunities available to such members; 

(3) developing curriculum, distance education programs, and 

career counseling designed to meet the professional, financial, 

academic, and social needs of such members; and 

(4) assessing how resources may be applied more effectively 

to meet the educational needs of such members. 

(b) COST.—Except as provided in this section, execution of an 

education partnership agreement with an educational institution 

shall be at no cost to the Government. 

(c) EDUCATIONAL INSTITUTION DEFINED.—In this section, the 

term ‘‘educational institution’’ means an accredited college, university, or technical school in the United States. 

15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WAXMAN

OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

Add at the end of the bill the following new division: 

DIVISION D—GOVERNMENTWIDE 

ACQUISITION IMPROVEMENTS 

Sec. 4001. Short title. 

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TITLE XLI—ENHANCED COMPETITION 

Sec. 4101. Minimizing sole-source contracts. 

Sec. 4102. Limitation on length of certain noncompetitive contracts. 

Sec. 4103. Requirement for purchase of property and services pursuant to multiple 

award contracts. 

TITLE XLII—CURBING ABUSE-PRONE CONTRACTS 

Sec. 4201. Regulations to minimize the inappropriate use of cost-reimbursement 

contracts. 

Sec. 4202. Preventing abuse of interagency contracts. 

Sec. 4203. Prohibitions on the use of lead systems integrators. 

Sec. 4204. Regulations on excessive pass-through charges. 

Sec. 4205. Linking of award and incentive fees to acquisition outcomes. 

Sec. 4206. Minimizing abuse of commercial services item authority. 

TITLE XLIII—ACQUISITION WORKFORCE 

Sec. 4301. Acquisition workforce development fund. 

Sec. 4302. Contingency contracting corps. 

TITLE XLIV—ANTI-FRAUD PROVISIONS 

Sec. 4401. Protection for contractor employees from reprisal for disclosure of certain 

information. 

Sec. 4402. Mandatory Fraud Reporting. 

Sec. 4403. Access of General Accounting Office to Contractor Employees. 

Sec. 4404. Preventing conflicts of interest. 

TITLE XLV—ENHANCED CONTRACT TRANSPARENCY 

Sec. 4501. Disclosure of CEO salaries. 

Sec. 4502. Database for contracting officers and suspension and debarment officials. 

Sec. 4503. Review of database. 

Sec. 4504. Disclosure in applications. 

Sec. 4505. Role of interagency committee. 

Sec. 4506. Authorization of independent agencies. 

Sec. 4507. Authorization of appropriations. 

Sec. 4508. Report to Congress. 

Sec. 4509. Improvements to the Federal procurement data system. 

SEC. 4001. SHORT TITLE. 

This division may be cited as the ‘‘Clean Contracting Act of 

2008’’. 

TITLE XLI—ENHANCED COMPETITION 

SEC. 4101. MINIMIZING SOLE-SOURCE CONTRACTS. 

(a) PLANS REQUIRED.—Subject to subsection (c), the head of each 

executive agency covered by title III of the Federal Property and 

Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) or, in 

the case of the Department of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall develop and 

implement a plan to minimize, to the maximum extent practicable, 

the use of contracts entered into using procedures other than competitive procedures by the agency or department concerned. The 

plan shall contain measurable goals and shall be completed and 

submitted to the Committee on Oversight and Government Reform 

of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees 

on Appropriations of the House of Representatives and the Senate 

and, in the case of the Department of Defense and the Department 

of Energy, the Committees on Armed Services of the Senate and 

the House of Representatives, with a copy provided to the Compmstockstill on PROD1PC66 with HEARING

27 

troller General, not later than 1 year after the date of the enactment of this Act. 

(b) COMPTROLLER GENERAL REVIEW.—The Comptroller General 

shall review the plans provided under subsection (a) and submit a 

report to Congress on the plans not later than 18 months after the 

date of the enactment of this Act. 

(c) REQUIREMENT LIMITED TO CERTAIN AGENCIES.—The requirement of subsection (a) shall apply only to those agencies that 

awarded contracts in a total amount of at least $1,000,000,000 in 

the fiscal year preceding the fiscal year in which the report is submitted. 

(d) CERTAIN CONTRACTS EXCLUDED.—The contracts entered into 

under the authority of the Small Business Act shall not be included 

in the plans developed and implemented under subsection (a), except contracts that are awarded pursuant to section 602 of Public 

Law 100–656 (as amended by section 22 of Public Law 101–37 (103 

Stat. 75), section 2 of title V of Public Law 101–515 (104 Stat. 

2140), section 205 of Public Law 101–574 (104 Stat. 2819), and section 608 of Public Law 103–403 (108 Stat. 4204)). 

SEC. 4102. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE 

CONTRACTS. 

(a) CIVILIAN AGENCY CONTRACTS.—Section 303(d) of the Federal 

Property and Administrative Services Act of 1949 (41 U.S.C. 

253(d)) is amended by adding at the end the following new paragraph: 

‘‘(3)(A) The contract period of a contract described in subparagraph (B) that is entered into by an executive agency pursuant to the authority provided under subsection (c)(2)—

‘‘(i) may not exceed the time necessary—

‘‘(I) to meet the unusual and compelling requirements of the work to be performed under the contract; 

and 

‘‘(II) for the executive agency to enter into another 

contract for the required goods or services through the 

use of competitive procedures; and 

‘‘(ii) may not exceed 270 days unless the head of the executive agency entering into such contract determines that 

exceptional circumstances apply. 

‘‘(B) This paragraph applies to any contract in an amount 

greater than $1,000,000.’’. 

(b) DEFENSE CONTRACTS.—Section 2304(d) of title 10, United 

States Code, is amended by adding at the end the following new 

paragraph: 

‘‘(3)(A) The contract period of a contract described in subparagraph (B) that is entered into by an agency pursuant to 

the authority provided under subsection (c)(2)—

‘‘(i) may not exceed the time necessary—

‘‘(I) to meet the unusual and compelling requirements of the work to be performed under the contract; 

and 

‘‘(II) for the agency to enter into another contract for 

the required goods or services through the use of competitive procedures; and 

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‘‘(ii) may not exceed 270 days unless the head of the 

agency entering into such contract determines that exceptional circumstances apply. ‘‘(B) This paragraph applies to any contract in an amount greater than $1,000,000.’’. 

SEC. 4103. REQUIREMENT FOR PURCHASE OF PROPERTY AND SERVICES PURSUANT TO MULTIPLE AWARD CONTRACTS. 

(a) REGULATIONS REQUIRED.—Not later than 12 months after the 

date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to require enhanced competition in the purchase of property and services by all executive agencies pursuant 

to multiple award contracts. 

(b) CONTENT OF REGULATIONS.— (1) IN GENERAL.—The regulations required by subsection (a) 

shall provide, at a minimum, that each individual purchase of 

property or services in excess of the simplified acquisition 

threshold that is made under a multiple award contract shall 

be made on a competitive basis unless a contracting officer— (A) waives the requirement on the basis of a determination that—(i) one of the circumstances described in paragraphs 

(1) through (4) of section 303J(b) of the Federal Property and Administrative Services Act of 1949 (41 

U.S.C. 253j(b)) or section 2304c(b) of title 10, United 

States Code, applies to such individual purchase; or 

(ii) a law expressly authorizes or requires that the 

purchase be made from a specified source; and 

(B) justifies the determination in writing. 

(2) COMPETITIVE BASIS PROCEDURES.—For purposes of this 

subsection, an individual purchase of property or services is 

made on a competitive basis only if it is made pursuant to procedures that—

(A) except as provided in paragraph (3), require fair notice of the intent to make that purchase (including a description of the work to be performed and the basis on 

which the selection will be made) to be provided to all contractors offering such property or services under the multiple award contract; and 

(B) afford all contractors responding to the notice a fair 

opportunity to make an offer and have that offer fairly 

considered by the official making the purchase. 

(3) EXCEPTION TO NOTICE REQUIREMENT.—

(A) IN GENERAL.—Notwithstanding paragraph (2), and 

subject to subparagraph (B), notice may be provided to 

fewer than all contractors offering such property or services under a multiple award contract as described in subsection (d)(2) if notice is provided to as many contractors 

as practicable. 

(B) LIMITATION ON EXCEPTION.—A purchase may not be 

made pursuant to a notice that is provided to fewer than 

all contractors under subparagraph (A) unless— (i) offers were received from at least 3 qualified contractors; or 

(ii) a contracting officer of the executive agency determines in writing that no additional qualified conmstockstill on PROD1PC66 with HEARING

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tractors were able to be identified despite reasonable 

efforts to do so. 

(c) PUBLIC NOTICE REQUIREMENTS RELATED TO SOLE SOURCE

TASK OR DELIVERY ORDERS.—Not later than 12 months after the 

date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to require the head of each executive agency 

to publish on—

(1) FedBizOpps notice of all sole source task or delivery orders in excess of the simplified acquisition threshold that are 

placed against multiple award contracts not later than 14 days 

after such orders are placed, except in the event of extraordinary circumstances or classified orders; and 

(2) the website of the agency and through a Governmentwide 

website selected by the Administrator for Federal Procurement 

Policy the determinations required by (b)(1)(B) related to sole 

source task or delivery orders placed against multiple award 

contracts not later than 14 days after such orders are placed, 

except in the event of extraordinary circumstances or classified 

orders. 

(3) This subsection does not require the public availability of 

information that is exempt from public disclosure under section 

552(b) of title 5, United States Code. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘individual purchase’’ means a task order, delivery order, or other purchase. 

(2) The term ‘‘multiple award contract’’ means—

(A) a contract that is entered into by the Administrator 

of General Services under the multiple award schedule 

program referred to in section 2302(2)(C) of title 10, 

United States Code; 

(B) a multiple award task order contract that is entered 

into under the authority of sections 2304a through 2304d 

of title 10, United States Code, or sections 303H through 

303K of the Federal Property and Administrative Services 

Act of 1949 (41 U.S.C. 253h through 253k); and 

(C) any other indefinite delivery, indefinite quantity contract that is entered into by the head of an executive agency with 2 or more sources pursuant to the same solicitation. 

(3) The term ‘‘sole source task or delivery order’’ means any 

order that does not follow the competitive base procedures in 

paragraphs (b)(2) or (b)(3). 

(e) APPLICABILITY.—The regulations required by subsection (a) 

shall apply to all individual purchases of property or services that 

are made under multiple award contracts on or after such effective 

date, without regard to whether the multiple award contracts were 

entered into before, on, or after such effective date. 

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TITLE XLII—CURBING ABUSE-PRONE 

CONTRACTS 

SEC. 4201. REGULATIONS TO MINIMIZE THE INAPPROPRIATE USE OF 

COST-REIMBURSEMENT CONTRACTS. 

(a) IN GENERAL.—Not later than 12 months after the date of the 

enactment of this Act, the Federal Acquisition Regulation shall be 

amended to minimize the inappropriate use of cost-reimbursement 

contracts and to ensure the proper use of such contracts. 

(b) CONTENT.—The regulations required under subsection (a) 

shall—

(1) identify, at a minimum— (A) the circumstances under which cost reimbursement 

contracts or task or delivery orders are appropriate; 

(B) the acquisition plan facts necessary to support a decision to use cost reimbursement contracts; 

(C) the acquisition workforce resources necessary to 

award and manage cost reimbursement contracts; and 

(2) establish a requirement for each executive agency to— (A) annually assess its use of cost-reimbursement contracts; 

(B) establish and implement metrics to measure 

progress toward minimizing any inappropriate use of costreimbursement contracts identified during the assessment 

process; and 

(C) prepare and submit an annual report to the Office of 

Management and Budget assessing progress in meeting 

the metrics established in (B). 

(c) COMPTROLLER GENERAL EVALUATIONS.—Within one year of 

the completion of the first annual reports required by subsection 

(b)(2)(C), the Comptroller General shall review the progress of 

agencies in implementing the regulations required by (a). 

(d) REPORT.—Subject to subsection (f), the Director of the Office 

of Management and Budget shall submit an annual report to Congressional committees identified in subparagraph (e) and the 

Comptroller General on the use of cost-reimbursement contracts 

and task or delivery orders by all Federal agencies, including the 

Department of Defense. The report shall be submitted no later 

than March 1 and will cover the fiscal year ending September 30 

of the prior year. The report shall include—

(1) the total number and value of contracts awarded and orders issued during the covered fiscal year; 

(2) the number and value of cost-reimbursement contracts 

awarded and orders issued during the covered fiscal year; 

(3) a list of contracts and task and delivery orders identified 

in subparagraph (2) exceeding ten million dollars 

($10,000,000), whose period of performance, including options, 

exceeded three years; the reasons why such contracts or orders 

could not be priced or converted to a fixed-price basis; and the 

actions being taken by the agency to do so; 

(4) a certification by the contracting agency that for each 

contract identified in subparagraph (3) that an appropriate 

number of trained acquisition personnel, consistent with the 

complexity and risk associated with the contract or order, have 

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been assigned to provide oversight of the contractor’s performance; and 

(5) a description of each agency’s actions to assure the appropriate use of cost-reimbursement contracts. 

(e) CONGRESSIONAL COMMITTEES DEFINED.—The report required 

by subsection (d) shall be submitted to the Committee on Oversight 

and Government Reform of the House of Representatives; the Committee on Homeland Security and Governmental Affairs of the Senate; the Committees on Appropriations of the House of Representatives and the Senate; and, in the case of the Department of Defense 

and the Department of Energy, the Committees on Armed Services 

of the Senate and the House of Representatives. 

(f) REQUIREMENTS LIMITED TO CERTAIN AGENCIES.—The requirements of subsections (b) and (d) shall apply only to those agencies 

that awarded contracts and issued orders in a total amount of at 

least $1,000,000,000 in the fiscal year proceeding the fiscal year in 

which the assessments and reports are submitted. 

SEC. 4202. PREVENTING ABUSE OF INTERAGENCY CONTRACTS. 

(a) OFFICE OF MANAGEMENT AND BUDGET POLICY GUIDANCE.— (1) REPORT AND GUIDELINES.—Not later than one year after 

the date of the enactment of this Act, the Director of the Office 

of Management and Budget shall— (A) submit to Congress a comprehensive report on interagency acquisitions, including their frequency of use, management controls, cost-effectiveness, and savings generated; and 

(B) issue guidelines to assist the heads of executive 

agencies in improving the management of interagency acquisitions. 

(2) MATTERS COVERED BY GUIDELINES.—For purposes of paragraph (1)(B), the Director shall include guidelines on the following matters: 

(A) Procedures for the use of interagency acquisitions to 

maximize competition, deliver best value to executive 

agencies, and minimize waste, fraud, and abuse. 

(B) Categories of contracting inappropriate for interagency acquisition, due to high risk of waste, fraud, or 

abuse. 

(C) Requirements for training acquisition workforce personnel in the proper use of interagency acquisitions. 

(b) REGULATIONS REQUIRED.—Not later than one year after the 

date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require that all interagency acquisitions—

(1) include a written agreement between the requesting 

agency and the servicing agency assigning responsibility for 

the administration and management of the contract; 

(2) include a determination that an interagency acquisition 

is the best procurement alternative; and 

(3) include sufficient documentation to ensure an adequate 

audit. 

(c) AGENCY REPORTING REQUIREMENT.—The senior procurement 

executive for each executive agency shall, as directed by the Director of the Office of Management and Budget, submit to the Director 

annual reports on the actions taken by the executive agency pursuant to the guidelines issued under subsection (a). 

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(d) DEFINITIONS.—In this section: 

(1) The term ‘‘executive agency’’ has the meaning given such 

term in section 4(1) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 403(1)). 

(2) The term ‘‘head of executive agency’’ means the head of 

an executive agency except that, in the case of a military department, the term means the Secretary of Defense. 

(3) The term ‘‘interagency acquisition’’ means a procedure by 

which an executive agency needing supplies or services (the requesting agency) obtains them from another executive agency 

(the servicing agency). The term includes acquisitions under 

section 1535 of title 31, United States Code (commonly referred 

to as the ‘‘Economy Act’’, Federal Supply Schedules above $500,000, and Governmentwide acquisition contracts. 

SEC. 4203. PROHIBITIONS ON THE USE OF LEAD SYSTEMS INTEGRATORS. 

(a) PROHIBITION ON NEW LEAD SYSTEMS INTEGRATORS.—(1) Effective October 1, 2010, the head of an executive agency may not 

award a new contract for lead systems integrator functions in the 

acquisition of a major system. 

(2) PROHIBITION ON LEAD SYSTEMS INTEGRATORS BEYOND DEM- ONSTRATION LEVEL PHASE.—Effective on the date of the enactment 

of this Act, an executive agency may award a new contract for lead 

systems integrator functions in the acquisition of a major system 

only if—

(A) the contract for the major system does not proceed beyond the demonstration phase-level; or 

(B) the head of the agency determines in writing that it 

would not be practicable to carry out acquisition without continuing to use a contractor to perform lead systems integrator 

functions and that doing so is in the best interest of the agency. 

(3) REQUIREMENTS RELATING TO DETERMINATIONS.—A determination under paragraph (2)(A)—

(A) shall specify the reasons why it would not be practicable 

to carry out the acquisition continuing to use a contractor to 

perform lead integrator functions (including a discussion of alternatives, such as the use of the agency workforce, or a system engineering and technical assistance contractor); 

(B) shall include a plan for phasing out the use of contracted 

lead systems integrator functions over the shortest period of 

time consistent with the interest of the government; 

(C) may not be delegated below the level of the Chief Acquisition Officer; and 

(D) shall be provided to the Committee on Oversight and 

Government Reform in the House of Representatives and the 

Committee on Homeland Security and Governmental Affairs in 

the Senate at least 45 days before the award of a contract pursuant to the determination. 

(b) ACQUISITION WORKFORCE.—

(1) REQUIREMENT.—The head of an executive agency shall 

ensure that the acquisition workforce is of the appropriate size 

and skill level necessary—

(A) to accomplish inherently governmental functions related to acquisition of major systems; and 

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(B) to effectuate the purpose of subsection (a) to minimize and eventually eliminate the use of contractors to 

perform lead systems integrator functions. 

(2) REPORT.—The head of the agency shall annually include 

an update on the progress made in complying with paragraph 

(1) in the agency’s Performance and Accountability Report. 

(c) EXCEPTION FOR CONTRACTS FOR OTHER MANAGEMENT SERV- ICES.—The head of an executive agency may continue to award contracts for the procurement of services the primary purpose of which 

is to perform acquisition support functions with respect to the development or production of a major system, if the following conditions are met with respect to each such contract: 

(1) The contract prohibits the contractor from performing inherently governmental functions. 

(2) The head of the agency responsible for the development 

or production of the major system ensures that Federal employees are responsible for determining courses of action to be 

taken in the best interest of the government. 

(3) The contract requires that the prime contractor for the 

contract may not advise or recommend the award of a contract 

or subcontract for the development or production of the major 

system to an entity owned in whole or in part by the prime 

contractor. 

(d) DEFINITIONS.—In this section: 

(1) LEAD SYSTEMS INTEGRATOR.—The term ‘‘lead systems integrator’’ means— (A) a prime contractor for the development or production 

of a major system, if the prime contractor is not expected 

at the time of award to perform a substantial portion of 

the work on the system and the major subsystems; or 

(B) a prime contractor under a contract for procurement 

of services the primary purpose of which to perform acquisition functions closely associated with inherently governmental functions with respect to the development or production of a major system. 

(2) MAJOR SYSTEM.—The term ‘‘major system’’ has the meaning given such term in section 2302d of title 10, United States 

Code. 

(3) DEMONSTRATION PHASE LEVEL.—For purposes of this section, the term ‘‘demonstration phase level’’ means— (A) work performed prior to first article testing and approval (as defined in part 9.3 of the Federal Acquisition 

Regulation; or 

(B) a level comparable to the level identified in subparagraph (A) which the FAR Council determines, by regulation, after consideration of the definition of low-rate initial 

production (as defined in section 2400 of title 10, United 

States Code. 

(e) INAPPLICABILITY TO DEPARTMENT OF DEFENSE.—This section 

does not apply to the Department of Defense. 

SEC. 4204. REGULATIONS ON EXCESSIVE PASS-THROUGH CHARGES. 

(a) REGULATIONS REQUIRED.—

(1) Not later than 180 days after the date of enactment of 

this Act, the Federal Acquisition Regulation shall be amended 

ensure that excessive pass-through charges on contracts or (or 

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task or delivery orders) are not paid by the Federal Government. 

(2) SCOPE OF REGULATIONS.—The regulations prescribed 

under this subsection— (A) shall not apply to any firm, fixed-price contract or 

subcontract (or task or delivery order) that is— (i) awarded on the basis of adequate price competition; or 

(ii) for the acquisition of a commercial item, as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)); and 

(B) may include such additional exceptions as the Federal Acquisition Regulation Council determines to be necessary in the interest of the government. 

(3) DEFINITION.—In this section, the term ‘‘excessive passthrough charge’’ means a charge to the Government by the contractor or subcontractor that is for overhead or profit on work 

performed by a lower-tier contractor or subcontractor (other 

than charges for the direct costs of managing lower-tier contracts and subcontracts and overhead and profit based on such 

direct costs) and for which the contractor or subcontractor adds 

no, or negligible, value to a contract or subcontract. 

(b) INAPPLICABILITY TO DEPARTMENT OF DEFENSE.—This section 

does not apply to the Department of Defense. 

SEC. 4205. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION 

OUTCOMES. 

(a) GUIDANCE ON LINKING OF AWARD AND INCENTIVE FEES TO AC- QUISITION OUTCOMES.—Not later than 12 months after the date of 

the enactment of this Act, the Federal Acquisition Regulation shall 

be amended to provide executive agencies with instructions, including definitions, on the appropriate use of award and incentive fees 

in Federal acquisition programs. 

(b) ELEMENTS.—The regulations under subsection (a) shall— (1) ensure that all new contracts using award fees link such 

fees to acquisition outcomes (which shall be defined in terms 

of program cost, schedule, and performance); 

(2) establish standards for identifying the appropriate level 

of officials authorized to approve the use of award and incentive fees in new contracts; 

(3) provide guidance on the circumstances in which contractor performance may be judged to be ‘‘excellent’’ or ‘‘superior’’ and the percentage of the available award fee which contractors should be paid for such performance; 

(4) establish standards for determining the percentage of the 

available award fee, if any, which contractors should be paid 

for performance that is judged to be ‘‘acceptable’’, ‘‘average’’, 

‘‘expected’’, ‘‘good’’, or ‘‘satisfactory’’; 

(5) ensure that no award fee may be paid for contractor performance that is judged to be below satisfactory performance 

or performance that does not meet the basic requirements of 

the contract; 

(6) provide specific direction on the circumstances, if any, in 

which it may be appropriate to roll over award fees that are 

not earned in one award fee period to a subsequent award fee 

period or periods; 

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(7) ensure consistent use of guidelines and definitions relating to award and incentive fees across the Federal Government; 

(8) ensure that each executive agency—

(A) collects relevant data on award and incentive fees 

paid to contractors; and 

(B) has mechanisms in place to evaluate such data on a 

regular basis; 

(9) include performance measures to evaluate the effectiveness of award and incentive fees as a tool for improving contractor performance and achieving desired program outcomes; 

and 

(10) provide mechanisms for sharing proven incentive strategies for the acquisition of different types of products and services among contracting and program management officials. 

SEC. 4206. MINIMIZING ABUSE OF COMMERCIAL SERVICES ITEM AUTHORITY. 

(a) REGULATIONS REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Federal Acquisition Regulation shall be amended for the procurement of commercial services. 

(b) APPLICABILITY OF COMMERCIAL PROCEDURES.—

(1) SERVICES OF A TYPE SOLD IN MARKETPLACE.—The regulations modified pursuant to subsection (a) shall ensure that 

services that are not offered and sold competitively in substantial quantities in the commercial marketplace, but are of a type 

offered and sold competitively in substantial quantities in the 

commercial marketplace, may be treated as commercial items 

for purposes of section 254b of title 41, United States Code (relating to truth in negotiations), only if the contracting officer 

determines in writing that the offeror has submitted sufficient 

information to evaluate, through price analysis, the reasonableness of the price for such services. 

(2) INFORMATION SUBMITTED.—To the extent necessary to 

make a determination under paragraph (1), the contracting officer may request the offeror to submit—

(A) prices paid for the same or similar commercial items 

under comparable terms and conditions by both government and commercial customers; and 

(B) if the contracting officer determines that the information described in subparagraph (A) is not sufficient to 

determine the reasonableness of price, other relevant information regarding the basis for price or cost, including information on labor costs, material costs, and overhead 

rates. 

(c) TIME-AND-MATERIALS CONTRACTS.—

(1) COMMERCIAL ITEM ACQUISITIONS.—The regulations pursuant to subsection (a) shall ensure that procedures applicable to 

time-and-materials contracts and labor-hour contracts for commercial item acquisitions may be used only for the following: 

(A) Services procured for support of a commercial item, 

as described in section 4(12)(E) of the Office Federal Procurement Policy Act (41 U.S.C. 403(12)(E)). 

(B) Emergency repair services. 

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(C) Any other commercial services only to the extent 

that the head of the agency concerned approves a determination in writing by the contracting officer that— (i) the services to be acquired are commercial services as defined in section 4(12)(F) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(F)); 

(ii) if the services to be acquired are subject to subsection (b), the offeror of the services has submitted 

sufficient information in accordance with that subsection; 

(iii) such services are commonly sold to the general 

public through use of time-and-materials or labor-hour 

contracts; and 

(iv) the use of a time-and-materials or labor-hour 

contract type is in the best interest of the Government. 

(2) NON-COMMERCIAL ITEM ACQUISITIONS.—Nothing in this 

subsection shall be construed to preclude the use of procedures 

applicable to time-and-materials contracts and labor-hour contracts for non-commercial item acquisitions for the acquisition 

of any category of services. 

TITLE XLIII—ACQUISITION 

WORKFORCE 

SEC. 4301. ACQUISITION WORKFORCE DEVELOPMENT FUND. 

(a) PURPOSE.—The purpose of this section is to ensure that there 

are resources available to recruit, hire, educate, train and retain 

members of the Federal acquisition workforce with the requisite 

competencies and skills to ensure that the government receives 

best value property and services in its acquisitions. 

(b) ESTABLISHMENT OF FUND.—Title III of the Federal Property 

and Administrative Services Act of 1949 (40 U.S.C. 101, et seq.) is 

amended by adding at the end the following new section: 

‘‘SEC. 324. ACQUISITION WORKFORCE DEVELOPMENT FUND. 

‘‘(a) The Administrator of General Services shall establish an acquisition workforce development fund. ‘‘(1) The Administrator shall manage the fund through the 

Federal Acquisition Institute to recruit, hire, educate, train 

and retain members of the acquisition workforce of the executive agencies other than the Department of Defense. ‘‘(2) The Administrator, in consultation with the Administrator for Federal Procurement Policy and the Chief Acquisition Officers or Senior Procurement Executives, as appropriate, 

of the executive agencies, other than the Department of Defense, shall issue detailed guidance for the administration and 

use of the Fund. Such guidance shall include provisions— ‘‘(A) requiring agencies to identify members of their acquisition workforce consistent with section 433(i) of title 

41. ‘‘(B) identifying areas of need in the acquisition workforce for which amounts in the Fund may be used, including—

‘‘(i) changes to the types of skills needed; 

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‘‘(ii) incentives to retain qualified, experienced personnel; and 

‘‘(iii) incentives for attracting new, high-quality personnel; 

‘‘(C) describing the manner and timing for applications 

for amounts in the Fund to be submitted; 

‘‘(D) describing the evaluation criteria to be used for approving or prioritizing applications for amounts in the 

Fund in any fiscal year; and 

‘‘(E) describing measurable objectives of performance for 

determining whether amounts in the Fund are being used 

in compliance with this section. 

‘‘(3) The Director of the Office of Management and Budget 

shall be the approving official for any disbursements from the 

Fund. 

‘‘(4) The costs of administering the fund, including the direct 

and indirect costs of those employees, not to exceed 5 percent 

per annum, shall be paid out of the fund. 

‘‘(5) Amounts in the fund may not be used to pay the base 

salary of any full-time equivalent position currently filled as of 

date of enactment of the Clean Contracting Act of 2008. 

‘‘(b) There shall be credited to the acquisition workforce development fund the following percentages of the value of funds expended 

by executive agencies for service contracts, other than services relating to research and development and services relating to construction: 

‘‘(1) for fiscal year 2009, 0.5 percent. 

‘‘(2) for fiscal year 2010, 1 percent. 

‘‘(3) for fiscal year 2011, 1.5 percent. 

‘‘(4) for any fiscal year after fiscal year 2011, 2 percent. 

‘‘(c) The Director of the Office and Management and Budget may 

reduce the amount to be credited upon a determination that the 

funds being credited are excess to the needs of the acquisition 

workforce development fund. In no event shall the Director of the 

Office of Management Budget reduce the percentage for any fiscal 

year below a percentage that results in the deposit in a fiscal year 

of an amount equal to the following 

‘‘(1) for fiscal year 2009, 75,000,000. 

‘‘(2) for fiscal year 2010, 100,000,000. 

‘‘(3) for fiscal year 2011, 125,000,000. 

‘‘(4) for an fiscal year after 2011, 150,000,000. 

‘‘(d) Not later than 30 days after the end of fiscal year 2008, and 

30 days after the end of each fiscal year quarter thereafter, the 

head of each executive agency shall remit to the General Services 

Administration the amount required to be credited to the fund with 

respect to the contracts, leases, task and delivery order described 

in subsection (b). 

‘‘(e) The Administrator of General Services, through the Office of 

the Chief Acquisition Officer, shall ensure that funds collected 

under this section are not used for any purposes other than the 

purposes specified in subsection (a). 

‘‘(f) Amounts credited to the fund shall be in addition to funds 

requested and appropriated for salaries, benefits, education and 

training for all current acquisition workforce members. 

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‘‘(g) Amounts credited to the fund shall remain available until expended. 

‘‘(h) Not later than 60 days after the end of each fiscal year beginning with fiscal year 2008, the Administrator of General Services shall submit to the congressional committees identified in subsection (i) a report on the operation of the fund during such fiscal 

year. Each report shall include, for the fiscal year covered by such 

report, the following: 

‘‘(1) A statement of the amounts remitted to the Administrator for crediting to the Fund for such fiscal year by each executive agency and a statement of the amounts credited to the 

Fund. 

‘‘(2) A description of the expenditures made from the Fund, 

including the purpose of such expenditures. 

‘‘(3) A description and assessment of improvements in the 

Federal acquisition workforce resulting from such expenditures, including the extent to which the fund has been used to 

increase the number of individuals in the acquisition workforce 

relative to the number of individuals in the acquisition workforce as of the date of enactment. 

‘‘(4) Recommendations for additional authorities to fulfill the 

purpose of the Fund. ‘‘(5) A statement of the balance remaining in the Fund at the 

end of such fiscal year. 

‘‘(i) The report required by subsection (h) shall be submitted to 

the Committee on Oversight and Government Reform of the House 

of Representatives; the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committees on Appropriations of the House of Representatives and the Senate. 

‘‘(j) No expired balances appropriated prior to the date of the enactment of the Clean Contracting Act of 2008 may be used to make 

any payment to the Acquisition Workforce Development Fund.’’. 

(c) EXCEPTION.—This section and the amendments made by this 

section shall not apply to the acquisition workforce of the Department of Defense. 

SEC. 4302. CONTINGENCY CONTRACTING CORPS. 

The Office of Federal Procurement Policy Act (41 U.S.C. 403 et 

seq.), as amended by section 102, is further amended by adding at 

the end the following new section: 

‘‘SEC. 44. CONTINGENCY CONTRACTING CORPS. 

‘‘(a) ESTABLISHMENT.—The Administrator of General Services in 

consultation with the Director of the Office of Management and 

Budget, the Secretary of Defense and the Secretary of Homeland 

Security, shall establish a Governmentwide Contingency Contracting Corps (in this section, referred to as the ‘Corps’). The 

members of the Corps shall be available for deployment in responding to an emergency or major disaster, or a contingency operation, 

within or outside the continental United States. 

‘‘(b) APPLICABILITY.—The authorities provided in this section 

apply with respect to any procurement of property or services by 

or for an executive agency that, as determined by the head of such 

executive agency, are to be used—

‘‘(1) in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code; or 

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‘‘(2) to respond to an emergency or major disaster as defined 

in section 5122 of title 41, United States Code. 

‘‘(c) MEMBERSHIP.—Membership in the Corps shall be voluntary 

and open to all Federal employees and uniformed members of the 

Armed Services, who are currently members of the Federal acquisition workforce. As a condition precedent to membership in the 

Corps, each volunteer will execute a mobility agreement consistent 

with the provisions included in sections 3371 through 3375 of title 

5, United States Code. 

‘‘(d) EDUCATION AND TRAINING.—The Director of the Federal Acquisition Institute, in consultation with the Chief Acquisition Officers Council shall establish educational and training requirements 

for members of the Corps, and shall pay for these additional requirements from funds available in the acquisition workforce development fund or the Department of Defense Acquisition Workforce 

Development Fund. 

‘‘(e) CLOTHING AND EQUIPMENT.—The Administrator shall identify any necessary clothing and equipment requirements, and shall 

pay for this clothing and equipment from funds available in the acquisition workforce development fund or the Department of Defense Acquisition Workforce Development Fund. 

‘‘(f) SALARY.—The salaries for members of the Corps shall be paid 

by their parent agencies out of funds available. 

‘‘(g) AUTHORITY TO DEPLOY THE CORPS.—The Director of the Office of Management and Budget shall have the authority to determine when members of the Corps shall be deployed, in consultation 

with the head of the agency or agencies employing the members to 

be deployed. 

‘‘(h) ANNUAL REPORT.—

‘‘(1) IN GENERAL.—The Administrator of General Services 

shall provide to the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the 

Senate and the Committee on Oversight and Government Reform and the Committee on Armed Services of the House of 

Representatives an annual report on the status of the Contingency Contracting Corps as of September 30 of each fiscal year. 

‘‘(2) CONTENT.—At a minimum, each report under paragraph 

(1) shall include the number of members of the Contingency 

Contracting Corps, the total cost of operating the program, the 

number of deployments of members of the program, and the 

performance of members of the program in deployment.’’. 

TITLE XLIV—ANTI-FRAUD PROVISIONS 

SEC. 4401. PROTECTION FOR CONTRACTOR EMPLOYEES FROM REPRISAL FOR DISCLOSURE OF CERTAIN INFORMATION. 

(a) INCREASED PROTECTION FROM REPRISAL.—Subsection (a) of 

section 315 of the Federal Property and Administrative Services 

Act of 1949 (41 U.S.C. 265(a), is amended—

(1) by striking ‘‘disclosing to a Member of Congress’’ and inserting ‘‘disclosing to a Member of Congress, a representative 

of a committee of Congress, an Inspector General, the Government Accountability Office, an employee of an executive agency 

responsible for contract oversight or management,’’; and 

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(2) by striking ‘‘information relating to a substantial violation of law related to a contract (including the competition for 

or negotiation of a contract)’’ and inserting ‘‘information that 

the employee reasonably believes is evidence of gross mismanagement of an executive agency contract or grant, a gross 

waste of executive agency funds, a substantial and specific 

danger to public health or safety, or a violation of law related 

to an executive agency contract (including the competition for 

or negotiation of a contract) or grant’’. 

(b) CLARIFICATION OF INSPECTOR GENERAL DETERMINATION.—

Subsection (b) of such section is amended—

(1) by inserting ‘‘(1)’’ after ‘‘INVESTIGATION OF COMPLAINTS.—

’’ and 

(2) by adding at the end the following new paragraph: 

‘‘(2)(A) Except as provided under subparagraph (B), the Inspector 

General shall make a determination that a complaint is frivolous 

or submit a report under paragraph (1) within 180 days after receiving the complaint. 

‘‘(B) If the Inspector General is unable to complete an investigation in time to submit a report within the 180-day period specified 

in subparagraph (A) and the person submitting the complaint 

agrees to an extension of time, the Inspector General shall submit 

a report under paragraph (1) within such additional period of time 

as shall be agreed upon between the Inspector General and the 

person submitting the complaint.’’. 

(c) ACCELERATION OF SCHEDULE FOR DENYING RELIEF OR PROVIDING REMEDY.—Subsection (c) of such section is amended in 

paragraph (1), by striking ‘‘If the head of an executive agency determines that a contractor has subjected a person to a reprisal prohibited by subsection (a), the head of the agency may’’ and inserting after ‘‘(1)’’ the following: ‘‘Not later than 30 days after receiving 

an Inspector General report pursuant to subsection (b), the head of 

an executive agency concerned shall determine whether there is 

sufficient basis to conclude that the contractor concerned has subjected the complainant to a reprisal prohibited by subsection (a) 

and shall either issue an order denying relief or shall’’. 

(d) DEFINITIONS.—Subsection (e) of such section is amended in 

paragraph (2), by inserting ‘‘or a grant’’ after ‘‘a contract’’. 

SEC. 4402. MANDATORY FRAUD REPORTING. 

(a) AMENDMENT OF FEDERAL ACQUISITION REGULATION.—The 

Federal Acquisition Regulation shall be amended within 180 days 

after the date of the enactment of this Act pursuant to FAR Case 

2007–006 (as published at 72 Fed Reg. 64019, November 14, 2007) 

or any follow-on FAR case to include provisions that require timely 

notification by Federal contractors of violations of Federal criminal 

law or overpayments in connection with the award or performance 

of covered contracts or subcontracts, including those performed outside the United States and those for commercial items. 

(b) COVERED CONTRACT DEFINED.—In this section, the term ‘‘covered contract’’ means any contract in an amount greater than 

$5,000,000 and more than 120 days in duration. 

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SEC. 4403. ACCESS OF GENERAL ACCOUNTING OFFICE TO CONTRACTOR EMPLOYEES. 

(a) CIVILIAN AGENCIES.—Section 304C of the Federal Property 

and Administrative Services Act of 1949 (41 U.S.C. 254d) is amended in subsection (c)(1) by inserting after ‘‘records’’ ‘‘, or interview 

any employee,’’. (b) DEFENSE AGENCIES.—Section 2313 of title 10, United States 

Code, is amended in subsection (c)(1) by inserting after ‘‘records’’ ‘‘, or interview any employee,’’. 

SEC. 4404. PREVENTING CONFLICTS OF INTEREST. 

(a) ORGANIZATIONAL CONFLICTS OF INTEREST.—Not later than 12 

months after the date of the enactment of this Act, the Administrator of the Office of Federal Procurement Policy shall review the 

Federal Acquisition Regulation to determine whether it contains 

sufficiently rigorous, comprehensive, and uniform Governmentwide 

policies to prevent and mitigate organizational conflicts of interest 

in Federal contracting. In reviewing such regulations, the Administrator and the Federal Acquisition Regulatory Council, in consultation with the Office of Government Ethics, shall, at a minimum, 

make appropriate revisions to the regulations to— (1) establish a standard organizational conflict of interest 

clause, or a set of standard organizational conflict of interest 

clauses, for inclusion in solicitations and contracts that set 

forth the contractor’s responsibilities with respect to its employees, subcontractors, partners, and any other affiliated organizations or individuals; 

(2) address conflicts that may arise in the context of developing requirements and statements of work, the selection process, and contract administration; 

(3) ensure that adequate organizational conflict of interest 

safeguards are enacted in situations in which contractors are 

employed by the Federal Government to oversee other contractors or are hired to assist in the acquisition process; and 

(4) ensure that any policies or clauses developed address conflicts of interest that may arise from financial interests, unfair 

competitive advantages, and impaired objectivity. 

(b) PERSONAL CONFLICTS OF INTEREST.—Not later than 12 

months after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to establish uniform, Governmentwide policies to prevent personal conflicts of interest by 

contractor employees in Federal contracting. In developing such 

regulations, the Federal Acquisition Regulatory Council, in consultation with the Office of Government Ethics, shall, at a minimum—

(1) develop a standard contractor employee personal conflicts 

of interest clause or a set of standard clauses for inclusion in 

solicitations and contracts that set forth the contractor’s responsibility to ensure that employees who are performing contracted services for the Federal Government are free of personal conflicts of interest; 

(2) identify the contracting methods, types and services that 

raise heightened concerns for potential conflicts of interest; and 

(3) establish specified principles, examples, a definition of 

personal conflicts of interest relevant to contractor employees 

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tions, and where applicable, greater disclosure for certain contractor employees, that will accomplish the end objective of 

ethical behavior. 

(c) BEST PRACTICES.—The Administrator of the Office of Federal 

Procurement Policy, in consultation with the Office of Governmentwide Ethics, shall develop and maintain a repository of best practices relating to the prevention and mitigation of organizational 

and personal conflicts of interest. 

TITLE XLV—ENHANCED CONTRACT 

TRANSPARENCY 

SEC. 4501. DISCLOSURE OF CEO SALARIES. 

(a) DISCLOSURE REQUIREMENTS.—Section 2(b)(1) of the Federal 

Funding Accountability and Transparency Act (Public Law 109– 282; 31 U.S.C. 6101 note) is amended— (1) by striking ‘‘and’’ at the end of subparagraph (E); 

(2) by redesignating subparagraph (F) as subparagraph (G); 

and 

(3) by inserting after subparagraph (E) the following new 

subparagraph: ‘‘(F) the names and total compensation of the five most 

highly compensated officers of the entity if— ‘‘(i) the entity in the preceding fiscal year received— ‘‘(I) 80 percent or more of its annual gross revenues in Federal awards; and ‘‘(II) $25,000,000 or more in annual gross revenues from Federal awards; and ‘‘(ii) the public does not have access to information 

about the compensation of the senior executives of the 

entity through periodic reports filed under section 

13(a) or 15(d) of the Securities Exchange Act of 1934 

(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.’’. 

(b) REGULATIONS REQUIRED.—The Director of the Office of Management and Budget shall promulgate regulations to implement 

the amendment made by this title. Such regulations shall include 

a definition of ‘‘total compensation’’ that is consistent with regulations of the Securities and Exchange Commission at section 402 of 

part 229 of title 17 of the Code of Federal Regulations (or any subsequent regulation). 

SEC. 4502. DATABASE FOR CONTRACTING OFFICERS AND SUSPENSION 

AND DEBARMENT OFFICIALS. 

(a) IN GENERAL.—Subject to the authority, direction, and control 

of the Director of the Office of Management and Budget, the Administrator of General Services shall establish and maintain a 

database of information regarding integrity and performance of 

persons awarded Federal contracts and grants for use by Federal 

officials having authority over contracts and grants. 

(b) PERSONS COVERED.—The database shall cover any person 

awarded a Federal contract or grant if any information described 

in subsection (c) exists with respect to such person. 

(c) INFORMATION INCLUDED.—With respect to a person awarded 

a Federal contract or grant, the database shall include information 

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(in the form of a brief description) for at least the most recent 5- 

year period regarding— (1) any civil or criminal proceeding, or any administrative 

proceeding to the extent that such proceeding results in both 

a finding of fault on the part of the person and the payment 

of restitution to a government of $5,000 or more, concluded by 

the Federal Government or any State government against the 

person, and any amount paid by the person to the Federal Government or a State government; 

(2) all Federal contracts and grants awarded to the person 

that were terminated in such period due to default; 

(3) all Federal suspensions and debarments of the person in 

that period; 

(4) all Federal administrative agreements entered into by the 

person and the Federal Government in that period to resolve 

a suspension or debarment proceeding and, to the maximum 

extent practicable, agreements involving a suspension or debarment proceeding entered into by the person and a State 

government in that period; and 

(5) all final findings by a Federal official in that period that 

the person has been determined not to be a responsible source 

under either subparagraph (C) or (D) of section 4(7) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(7)). 

(d) REQUIREMENTS RELATING TO INFORMATION IN DATABASE.— (1) DIRECT INPUT AND UPDATE.—The Administrator shall design and maintain the database in a manner that allows the 

appropriate officials of each Federal agency to directly input 

and update in the database information relating to actions it 

has taken with regard to contractors or grant recipients. 

(2) TIMELINESS AND ACCURACY.—The Administrator shall develop policies to require— (A) the timely and accurate input of information into the 

database; 

(B) notification of any covered person when information 

relevant to the person is entered into the database; and 

(C) an opportunity for any covered person to append 

comments to information about such person in the database. 

(e) AVAILABILITY.— (1) AVAILABILITY TO ALL FEDERAL AGENCIES.—The Administrator shall make the database available to all Federal agencies. 

(2) AVAILABILITY TO THE PUBLIC.—The Administrator shall 

make the database available to the public by posting the database on the General Services Administration website. 

(3) LIMITATION.—This subsection does not require the public 

availability of information that is exempt from public disclosure under section 552(b) of title 5, United States Code. 

SEC. 4503. REVIEW OF DATABASE. 

(a) REQUIREMENT TO REVIEW DATABASE.—Prior to the award of 

a contract or grant, an official responsible for awarding a contract 

or grant shall review the database established under section 2. 

(b) REQUIREMENT TO DOCUMENT PRESENT RESPONSIBILITY.—In 

the case of a prospective awardee of a contract or grant against 

which a judgment or conviction has been rendered more than once 

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within any 3-year period for the same or similar offences, if each 

judgment or conviction is a cause for debarment, the official responsible for awarding the contract or grant shall document why 

the prospective awardee is considered presently responsible. 

SEC. 4504. DISCLOSURE IN APPLICATIONS. 

(a) REQUIREMENT.—Not later than 180 days after the date of the 

enactment of this Act, Federal regulations shall be amended to require that in applying for any Federal grant or submitting a proposal or bid for any Federal contract a person shall disclose in writing information described in section 2(c). 

(b) COVERED CONTRACTS AND GRANTS.—This section shall apply 

only to contracts and grants in an amount greater than the simplified acquisition threshold, as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 401(11)). 

SEC. 4505. ROLE OF INTERAGENCY COMMITTEE. 

(a) REQUIREMENT.—The Interagency Committee on Debarment 

and Suspension shall—

(1) resolve issues regarding which of several Federal agencies is the lead agency having responsibility to initiate suspension or debarment proceedings; 

(2) coordinate actions among interested agencies with respect 

to such action; 

(3) encourage and assist Federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the Governmentwide suspension and debarment 

system; 

(4) recommend to the Office of Management and Budget 

changes to Government suspension and debarment system and 

its rules, if such recommendations are approved by a majority 

of the Interagency Committee; 

(5) authorize the Office of Management and Budget to issue 

guidelines that implement those recommendations; 

(6) authorize the chair of the Committee to establish subcommittees as appropriate to best enable the Interagency Committee to carry out its functions; and 

(7) submit to the Congress an annual report on—

(A) the progress and efforts to improve the suspension 

and debarment system; 

(B) member agencies’ active participation in the committee’s work; and 

(C) a summary of each agency’s activities and accomplishments in the Governmentwide debarment system. 

(b) DEFINITION.—The term ‘‘Interagency Committee on Debarment and Suspension’’ means such committee constituted under 

sections 4 and 5 and of Executive Order 12549. 

SEC. 4506. AUTHORIZATION OF INDEPENDENT AGENCIES. 

Any agency, commission, or organization of the Federal Government to which Executive Order 12549 does not apply is authorized 

to participate in the Governmentwide suspension and debarment 

system and may recognize the suspension or debarment issued by 

an executive branch agency in its own procurement or assistance 

activities. 

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SEC. 4507. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Administrator of 

General Services such funds as may be necessary to establish the 

database described in section 2. 

SEC. 4508. REPORT TO CONGRESS. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Administrator of General Services 

shall submit to Congress a report. 

(b) CONTENTS OF REPORT.—The report shall contain the following: 

(1) A list of all databases that include information about 

Federal contracting and Federal grants. 

(2) Recommendations for further legislation or administrative action that the Administrator considers appropriate to create a centralized, comprehensive Federal contracting and Federal grant database. 

SEC. 4509. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA 

SYSTEM. 

(a) ENHANCED TRANSPARENCY ON INTERAGENCY CONTRACTING

AND OTHER TRANSACTIONS.—Not later than 12 months after the 

date of the enactment of this Act, the Director of the Office of Management and Budget shall direct appropriate revisions to the Federal Procurement Data System or any successor system to facilitate 

the collection of complete, timely, and reliable data on interagency 

contracting actions and on transactions other than contracts, 

grants, and cooperative agreements issued pursuant to section 

2371 of title 10, United States Code, or similar authorities. The Director shall ensure that data, consistent with what is collected for 

contract actions, is obtained on— (1) interagency contracting actions, including data at the 

task or delivery-order level; and 

(2) other transactions, including the initial award and any 

subsequent modifications awarded or orders issued. 

(b) AMENDMENT.—Subsection (d) of section 19 of the Office of 

Federal Procurement Policy Act (41 U.S.C. 417(d)) is amended to 

read as follows: 

‘‘(d) TRANSMISSION AND DATA ENTRY OF INFORMATION.—The head 

of each executive agency shall ensure the accuracy of the information included in the record established and maintained by such 

agency under subsection (a) and shall timely transmit such information to the General Services Administration for entry into the 

Federal Procurement Data System referred to in section 6(d)(4), or 

any successor system.’’. 

16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LAHOOD

OF ILLINOIS, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of title V, add the following new section: 

SEC. 5ll. LIMITATION ON SIMULTANEOUS DEPLOYMENT TO COMBAT 

ZONES OF DUAL-MILITARY COUPLES WHO HAVE MINOR 

DEPENDENTS. 

(a) AUTHORITY TO OBTAIN DEFERMENT.—In the case of a member 

of the Armed Forces with minor dependents who has a spouse who 

is also a member of the Armed Forces, and the spouse is deployed 

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in an area for which imminent danger pay is authorized under section 310 of title 37, United States Code, the member may request 

a deferment of a deployment to such an area until the spouse returns from such deployment. 

(b) REPEAL OF LIMITED AUTHORITY.—Section 586 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 11– 181; 112 Stat. 132; 10 U.S.C. 991 note) is amended by striking the 

second sentence. 

17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WOOLSEY

OF CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of subtitle E of title XXVIII add the following new 

section: 

SEC. 28ll. TRANSFER OF ADMINISTRATIVE JURISDICTION, DECOMMISSIONED NAVAL SECURITY GROUP ACTIVITY, SKAGGS 

ISLAND, CALIFORNIA. 

(a) TRANSFER MEMORANDUM OF AGREEMENT.—The Secretary of 

the Navy and the Secretary of the Interior shall negotiate a memorandum of agreement that stipulates the conditions upon which the 

decommissioned Naval Security Group Activity, Skaggs Island, 

Sonoma, California shall be transferred from the administrative jurisdiction of the Department of the Navy to the United States Fish 

and Wildlife Service for inclusion in the National Wildlife Refuge 

System. 

(b) ACCEPTANCE OF DONATIONS; USE.—The Secretary of the Navy 

and the Secretary of the Interior may accept contributions from the 

State of California and other entities to help cover the costs of demolishing and removing structures on the property described in 

subsection (a) and to facilitate future environmental restoration 

that furthers the ultimate end use of the property for conservation 

purposes. Amounts received may be merged with other amounts 

available to the Secretaries to carry out this section and shall remain available, without further appropriation and until expended. 

18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BERMAN

OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

In section 1602, add at the end the following new paragraph: 

(5) The President’s Fiscal Year 2009 Budget Request to Congress includes $248.6 million for a Civilian Stabilization Initiative that would vastly improve civilian partnership with 

United States Armed Forces in post-conflict stabilization situations, including by establishing a Active Response Corps of 250 

persons, a Standby Response Corps of 2,000 persons, and a Civilian Response Corps of 2,000 persons. 

In section 1604, in the proposed new section 618 to the Foreign 

Assistance Act of 1961, in the proposed new subsection (b) of such 

proposed new section, strike ‘‘2008, 2009, and 2010’’ and insert ‘‘2009, 2010, and 2011’’. In section 1604, in the proposed new section 618 to the Foreign 

Assistance Act of 1961, in the proposed new subsection (b) of such 

proposed new section, strike ‘‘$100,000,000’’ and insert ‘‘$200,000,000’’. 

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19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PORTER

OF NEVADA, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

Page 283, after line 3, add the following new section: 

SEC. 734. SUICIDE RISK BY MILITARY OCCUPATION. 

(a) STUDY.—The Secretary of Defense shall conduct a study to 

identify the mental health risks associated with the performance of 

military duties. 

(b) ELEMENTS.—The study shall include the following elements: 

(1) An assessment of suicide incidence by military occupation. 

(2) An identification of military occupations with a high incidence of suicide. 

(3) An evaluation of current suicide prevention programs for 

those military occupations with a high incidence of suicide. 

(4) An assessment of the need for additional suicide prevention programs specific to military occupations with a high incidence of suicide. 

(c) REPORT.—Not later than 120 days after the date of enactment 

of this Act, the Secretary of Defense shall submit to the Congressional Defense Committees a report on the findings of the study. 

The report shall include any recommendations for improving suicide prevention programs for military occupations with a high incidence of suicide. 

20. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CAPITO

OF WEST VIRGINIA, OR HER DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of title V, add the following new section: 

SEC. 5ll. ADDITIONAL FUNDS TO CARRY OUT FUNERAL HONOR 

FUNCTIONS AT FUNERALS FOR VETERANS. 

(a) ADDITIONAL FUNDS.—The amount made available in section 

421 is hereby increased by $3,000,000, of which $1,000,000 shall be 

available to the Secretary of the Army, $1,000,000 shall be available to the Secretary of the Navy, and $1,000,000 shall be available 

to the Secretary of the Air Force to comply with the requirements 

of section 1491 of title 10, United States Code. 

(b) CORRESPONDING OFFSET.—The amount provided in section 

201(1) for research, development, test, and evaluation, Army, is 

hereby reduced by $3,000,000, to be derived from the basic research under the University Research Initiatives. 

21. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COOPER

OF TENNESSEE, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

Page 353, after line 11, insert the following: 

SEC. 849. REQUIREMENT FOR DEPARTMENT OF DEFENSE TO ADOPT 

AN ACQUISITION STRATEGY FOR DEFENSE BASE ACT INSURANCE. 

(a) IN GENERAL.—The Secretary of Defense shall adopt an acquisition strategy for insurance required by the Defense Base Act (42 

U.S.C. 1651 et seq.) which minimizes the cost of such insurance to 

the Department of Defense. 

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(b) CRITERIA.—The Secretary shall ensure that the acquisition 

strategy adopted pursuant to subsection (a) addresses the following 

criteria: 

(1) Minimize overhead costs associated with obtaining such 

insurance, such as direct or indirect costs for contract management and contract administration. 

(2) Minimize costs for coverage of such insurance consistent 

with realistic assumptions regarding the likelihood of incurred 

claims by contractors of the Department. 

(3) Provide for a correlation of premiums paid in relation to 

claims incurred that is modeled on best practices in government and industry for similar kinds of insurance. 

(4) Provide for a low level of risk to the Department. 

(5) Provide for a competitive marketplace for insurance required by the Defense Base Act to the maximum extent practicable. 

(c) OPTIONS.—In adopting the acquisition strategy pursuant to 

subsection (a), the Secretary shall consider the following options: 

(1) Entering into a single Defense Base Act insurance contract for the Department of Defense. 

(2) Entering into a single Defense Base Act insurance contract for contracts involving performance in theaters of combat 

operations. 

(3) Entering into a contract vehicle, such as a multiple 

award contract, that provides for competition among contractors for categories of insurance coverage, such as construction, 

aviation, security, and other categories of insurance. 

(4) Using a retrospective rating approach to Defense Base 

Act insurance that adjusts rates according to actual claims incurred on a cost reimbursement basis. 

(5) Adopting a self-insurance approach to Defense Base Act 

insurance for Department of Defense contracts. 

(6) Such other options as the Secretary deems to best satisfy 

the criteria identified under subsection (b). 

(d) REPORT.—(1) Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives, 

the Committee on Homeland Security and Governmental Affairs of 

the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report on the acquisition 

strategy adopted pursuant to subsection (a). 

(2) The report shall include a discussion of each of the options 

considered pursuant to subsection (c) and the extent to which each 

option addresses the criteria identified under subsection (b), and 

shall include a plan to implement within 18 months after the date 

of enactment of this Act the acquisition strategy adopted by the 

Secretary. 

(e) REVIEW OF ACQUISITION STRATEGY.—As considered appropriate by the Secretary, but not less often than once every 3 years, 

the Secretary shall review and, as necessary, update the acquisition strategy adopted pursuant to subsection (a) to ensure that it 

best addresses the criteria identified under subsection (b). 

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22. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FLAKE OF

ARIZONA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end of title XXII the following new section: 

SEC. 2208. PROHIBITING USE OF FUNDS FOR LIBRARY/LIFELONG 

LEARNING CENTER. 

None of the funds appropriated to carry out this Act (or any 

amendment made by this Act) may be used for a library/lifelong 

learning center at Marine Corps Base Twentynine Palms, California. 

23. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TIERNEY

OF MASSACHUSETTS, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

At the end of subtitle C of title II, add the following new section: 

SEC. 2ll. MISSILE DEFENSE FUNDING REDUCTIONS TO PROVIDE ADDITIONAL FUNDS FOR ACTIVITIES TO COUNTER WEAPONS OF MASS DESTRUCTION AND TERRORISM. 

(a) MISSILE DEFENSE FUNDING REDUCTIONS.—The amount in section 201(4) for research, development, test, and evaluation, Defense-wide, is hereby reduced by $996,200,000, to be derived from 

amounts for the Missile Defense agency as follows: (1) $100,000,000 reduction from the Airborne Laser program. 

(2) $100,000,000 reduction from the Kinetic Energy Interceptor (KEI) program. (3) $100,000,000 reduction from the Multiple Kill Vehicle 

(MKV) program. (4) $341,200,000 from the termination of any funding for the 

proposed long-range missile defense sites in Europe. (5) $355,000,000 from the termination of any further deployment in the Ground-Based Midcourse Defense program, with 

this reduction not interfering with development or testing activities under the program. 

(b) ADDITIONAL FUNDS TO COUNTER WEAPONS OF MASS DESTRUCTION AND TERRORISM.—

(1) COOPERATIVE THREAT REDUCTION PROGRAM.—The amount 

provided in section 1302(a) for the Cooperative Threat Reduction is hereby increased by $75,000,000. 

(2) NONPROLIFERATION AND WEAPONS OF MASS DESTRUCTION

PROGRAMS.—The amount provided in section 3101(a)(2) for 

nonproliferation and weapons of mass destruction programs of 

the Department of Energy is hereby increased by $529,000,000, 

which shall be available as follows: 

(A) $50,000,000 for Global Threat Reduction Initiative. 

(B) $30,000,000 for International Nuclear Materials Protection and Cooperation program. 

(C) $60,000,000 for Second Line of Defense program to 

cooperate with other countries to deter, detect, and interdict illicit transfers of nuclear and radioactive materials at 

border crossings and ports. 

(D) $15,000,000 for NNSA’s export control assistance 

program for the purpose of developing a plan for making 

sure all countries fulfill their UNSC 1540 obligation to put 

effective controls in place. 

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(E) $50,000,000 increase of conditional appropriation to 

encourage Russia to blend down additional HEU, to finance such incentives if an agreement is reached that requires such funding. 

(F) $50,000,000 for safeguards work at the Department 

of Energy National Laboratories. 

(G) $100,000,000 increase for non-proliferation research 

and development, such as treaty monitoring and 

verification. 

(H) $10,000,000 for completing the experimental study 

on analyzing the impacts of sabotage of spent-fuel transportation in the United States. 

(I) $50,000,000 for accelerated or further dismantlement 

of nuclear weapons (and removal of pits from nuclear 

weapons). 

(J) $41,000,000 for chemical weapons destruction at the 

Bluegrass facility in Kentucky. 

(K) $73,000,000 for chemical weapons destruction at the 

Pueblo facility in Colorado. 

(c) ADDITIONAL SUPPORT FOR WOUNDED WARRIORS AND THEIR

FAMILIES.—

(1) IMPACT AID.—The amount provided in section 571 is hereby increased by $30,000,000 to increase funding for impact aid 

to help local educational agencies provide support to students 

who are dependents of members of the Armed Forces. 

(2) FAMILY SUPPORT FOR WOUNDED WARRIORS.—Amounts provided for family support of wounded members of the Armed 

Forces is hereby increased by $30,000,000. 

(3) SUICIDE PREVENTION.—Amounts available for programs to 

prevent suicides by members of the Armed Forces is hereby increased by $30,000,000. 

(4) WOUNDED WARRIORS AS HEALTHCARE PROVIDERS.—An 

amount equal to $10,000,000 is authorized to be appropriated 

for a pilot program to identify and retrain wounded members 

as military health professionals who would then treat and care 

for other wounded members. 

(d) NATIONAL GUARD AND RESERVE SHORTFALLS.—The balance of 

amounts reduced under subsection (a), after application of subsections (b) and (c) shall be available to increase amounts available 

for the National Guard and Reserve to fund identified shortfalls, 

especially in connection with homeland security activities. 

24. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PRICE OF

GEORGIA, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

Page 406, after line 18, insert the following new section: 

SEC. 1005. MANAGEMENT OF PURCHASE CARDS. 

(a) REQUIRED SAFEGUARDS AND INTERNAL CONTROLS.—Section 

2784 of title 10, United States Code, is amended in subsection (b)—

(1) by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively; 

(2) by inserting after paragraph (2) the following new paragraph: 

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‘‘(3) That expenditures charged to the purchase card are 

independently received, accepted, or verified by an official with 

authority to authorize expenditures.’’; 

(3) by redesignating paragraphs (9) through paragraph (11) 

(as previously redesignated by paragraph (1)) as paragraphs 

(10) through (12), respectively; and 

(4) by inserting after paragraph (8) (as previously redesignated by paragraph (1)) the following new paragraph: ‘‘(9) That appropriate inventory and property systems are updated promptly in response to expenditures charged to a purchase card related to pilferable property.’’. (b) PENALTIES FOR VIOLATIONS.—Section 2784(c)(1) of title 10, 

United States Code, is amended by striking ‘‘provide for’’ and inserting ‘‘provide for the reimbursement of charges for unauthorized 

or erroneous purchases and for’’. 

25. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PRICE OF

NORTH CAROLINA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end of title X, the following: 

SEC. 10ll. PROHIBITION ON INTERROGATION OF DETAINEES BY 

CONTRACTOR PERSONNEL. 

Effective as of the date that is one year after the date of the enactment of this Act, the Department of Defense manpower mix criteria and the Department of Defense Supplement to the Federal 

Acquisition Regulation shall be revised to provide that—

(1) the interrogation of enemy prisoners of war, civilian internees, retained persons, other detainees, terrorists, and 

criminals when captured, transferred, confined, or detained 

during or in the aftermath of hostilities is an inherently governmental function and cannot be transferred to private sector 

contractors who are beyond the reach of controls otherwise applicable to government personnel; and 

(2) properly trained and cleared contractors may be used as 

linguists, interpreters, report writers, and information technology technicians if their work is properly reviewed by appropriate government officials. 

26. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEE OF

CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 20 MINUTES

At the end of subtitle B of title XII of the bill, add the following 

new section: 

SEC. 12xx. LIMITATION ON CERTAIN STATUS OF FORCES AGREEMENTS BETWEEN THE UNITED STATES AND IRAQ. 

No provision of any agreement between the United States and 

Iraq described in section 1212(a)(1)(A)(iv) shall be in force with respect to the United States unless the agreement—

(1) is in the form of a treaty requiring the advice and consent 

of the Senate (or is intended to take that form in the case of 

an agreement under negotiation); or 

(2) is specifically authorized by an Act of Congress enacted 

after the date of the enactment of this Act. 

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27. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOSSELLA

OF NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of subtitle F of title VI, insert the following new section: 

SEC. 664. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED 

FORCES SERVING IN IRAQ OR AFGHANISTAN. 

(a) AVAILABILITY OF POSTAL BENEFITS.—The Secretary of Defense, in consultation with the United States Postal Service, shall 

provide for a program under which postal benefits are provided to 

qualified individuals in accordance with this section. 

(b) QUALIFIED INDIVIDUAL.—In this section, the term ‘‘qualified 

individual’’ means a member of the Armed Forces on active duty 

(as defined in section 101 of title 10, United States Code) who—

(1) is serving in Iraq or Afghanistan; or 

(2) is hospitalized at a facility under the jurisdiction of the 

Department of Defense as a result of a disease or injury incurred as a result of service in Iraq or Afghanistan. 

(c) POSTAL BENEFITS DESCRIBED.—

(1) VOUCHERS.—The postal benefits provided under the program shall consist of such coupons or other similar evidence of 

credit, whether in printed, electronic, or other format (in this 

section referred to as a ‘‘voucher’’), as the Secretary of Defense, 

in consultation with the Postal Service, shall determine, which 

entitle the bearer or user to make qualified mailings free of 

postage. 

(2) QUALIFIED MAILING.—In this section, the term ‘‘qualified 

mailing’’ means the mailing of a single mail piece which— (A) is first-class mail (including any sound- or video-recorded communication) not exceeding 13 ounces in weight 

and having the character of personal correspondence or 

parcel post not exceeding 10 pounds in weight; 

(B) is sent from within an area served by a United 

States post office; and 

(C) is addressed to a qualified individual. 

(3) COORDINATION RULE.—Postal benefits under the program 

are in addition to, and not in lieu of, any reduced rates of postage or other similar benefits which might otherwise be available by or under law, including any rates of postage resulting 

from the application of section 3401(b) of title 39, United 

States Code. 

(d) NUMBER OF VOUCHERS.—A member of the Armed Forces shall 

be eligible for one voucher for every second month in which the 

member is a qualified individual. 

(e) LIMITATIONS ON USE; DURATION.—A voucher may not be 

used—

(1) for more than a single qualified mailing; or 

(2) after the earlier of—

(A) the expiration date of the voucher, as designated by 

the Secretary of Defense; or 

(B) the end of the one-year period beginning on the date 

on which the regulations prescribed under subsection (f) 

take effect. 

(f) REGULATIONS.—Not later than 30 days after the date of the 

enactment of this Act, the Secretary of Defense (in consultation 

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with the Postal Service) shall prescribe such regulations as may be 

necessary to carry out the program, including—

(1) procedures by which vouchers will be provided or made 

available in timely manner to qualified individuals; and 

(2) procedures to ensure that the number of vouchers provided or made available with respect to any qualified individual complies with subsection (d). 

(g) TRANSFERS TO POSTAL SERVICE.—

(1) BASED ON ESTIMATES.—The Secretary of Defense shall 

transfer to the Postal Service, out of amounts available to 

carry out the program and in advance of each calendar quarter 

during which postal benefits may be used under the program, 

an amount equal to the amount of postal benefits that the Secretary estimates will be used during such quarter, reduced or 

increased (as the case may be) by any amounts by which the 

Secretary finds that a determination under this section for a 

prior quarter was greater than or less than the amount finally 

determined for such quarter. 

(2) BASED ON FINAL DETERMINATION.—A final determination 

of the amount necessary to correct any previous determination 

under this section, and any transfer of amounts between the 

Postal Service and the Department of Defense based on that 

final determination, shall be made not later than six months 

after the end of the one-year period referred to in subsection 

(e)(2)(B). 

(3) CONSULTATION REQUIRED.—All estimates and determinations under this subsection of the amount of postal benefits 

under the program used in any period shall be made by the 

Secretary of Defense in consultation with the Postal Service. 

(h) FUNDING.—

(1) INCREASE.—The amount authorized to be appropriated by 

section 421 for military personnel is hereby increased by 

$10,000,000, and such amount shall be available for postal 

benefits provided in this section. 

(2) OFFSETTING REDUCTION.—Funds authorized to be appropriated in fiscal year 2009 for Military Personnel are reduced 

by $10,000,000. 

28. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE INSLEE OF

WASHINGTON, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end of subtitle D of title III the following: 

SEC. 335. STUDY OF CONSIDERATION OF GREENHOUSE GAS EMISSIONS IN ACQUISITION PROCESSES. 

(a) STUDY.—The Secretary of Defense shall conduct a study to develop procedures and methods to measure and consider greenhouse 

gas emissions in the acquisition process, and shall include in the 

study an examination of the following: 

(1) The processes and methods which would need to be developed and adopted to allow the Department of Defense to consider greenhouse gas emissions in the planning, requirements 

development, and acquisition processes. 

(2) The internal and external data necessary to allow the Department of Defense to consider greenhouse gas emissions in 

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the planning, requirements development, and acquisition processes. 

(3) A timetable for the implementation of such procedures 

and methods in the acquisition process, as well as an estimate 

of the costs associated with such implementation. 

(4) Such other factors as the Secretary considers appropriate 

with respect to the development and implementation of such 

procedures and methods. 

(b) REPORT.—Not later than one year 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 conducted 

under subsection (a). 

29. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE INSLEE OF

WASHINGTON, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of title X, add the following new section: 

SEC. 1071. STUDY AND REPORT ON USE OF POWER MANAGEMENT 

SOFTWARE. 

(a) STUDY.—The Secretary of Defense shall conduct a study on 

the use of power management software by civilian and military 

personnel and facilities of the Department of Defense to reduce the 

use of electricity in computer monitors and personal computers. 

This study shall include recommendations for baseline electric 

power use, for ensuring robust monitoring and verification of power 

use requirements on a continuing basis, and for potential technological solutions or best practices for achieving these efficiency objectives. 

(b) REPORT.—Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report 

containing the results of the study under subsection (a), including 

a description of the recommendations developed under the study. 

30. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BROWNWAITE OF FLORIDA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end of subtitle G of title V, the following new section: 

SEC. 5ll. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE. 

(a) AUTHORITY TO AWARD.—The Secretary of the Army may 

award the Army Combat Action Badge (established by order of the 

Secretary of the Army through Headquarters, Department of the 

Army Letter 600–05–1, dated June 3, 2005) to a person who, while 

a member of the Army, participated in combat during which the 

person personally engaged, or was personally engaged by, the 

enemy at any time during the period beginning on December 7, 

1941, and ending on September 18, 2001 (the date of the otherwise 

applicable limitation on retroactivity for the award of such decoration), if the Secretary determines that the person has not been previously recognized in an appropriate manner for such participation. 

(b) PROCUREMENT OF BADGE.—The Secretary of the Army may 

make arrangements with suppliers of the Army Combat Action 

Badge so that eligible recipients of the Army Combat Action Badge 

pursuant to subsection (a) may procure the badge directly from 

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suppliers, thereby eliminating or at least substantially reducing administrative costs for the Army to carry out this section. 

31. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCGOVERN OF MASSACHUSETTS, OR HIS DESIGNEE, DEBATABLE FOR 20 

MINUTES

At the end of subtitle G of title X of the bill, add the following 

new section: 

SEC. 10xx. PUBLIC DISCLOSURE OF NAMES OF STUDENTS AND INSTRUCTORS AT WESTERN HEMISPHERE INSTITUTE FOR 

SECURITY COOPERATION. 

Section 2166 of title 10, United States Code, is amended by adding at the end the following new subsection: 

‘‘(j) PUBLIC DISCLOSURE OF STUDENTS AND INSTRUCTORS.—(1) 

The Secretary of Defense shall release to the public, upon request, 

the information described in paragraph (2) for each of fiscal years 

2005, 2006, 2007, and 2008, and any fiscal year thereafter. 

‘‘(2) The information to be released under paragraph (1) shall include the following with respect to the fiscal year covered: 

‘‘(A) The entire name, including the first, middle, and maternal and paternal surnames, with respect to each student and 

instructor at the Institute. 

‘‘(B) The rank of each student and instructor. 

‘‘(C) The country of origin of each student and instructor. 

‘‘(D) The courses taken by each student. 

‘‘(E) The courses taught by each instructor. 

‘‘(F) Any years of attendance by each student in addition to 

the fiscal year covered.’’. 

32. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HOLT OF

NEW JERSEY, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end of title X, the following: 

SEC. 10ll. REQUIREMENT FOR VIDEOTAPING OR OTHERWISE ELECTRONICALLY RECORDING STRATEGIC INTELLIGENCE INTERROGATIONS OF PERSONS IN THE CUSTODY OF OR 

UNDER THE EFFECTIVE CONTROL OF THE DEPARTMENT 

OF DEFENSE. 

(a) IN GENERAL.—In accordance with the Army Field Manual on 

Human Intelligence Collector Operations (FM 2–22.3, September 

2006), or any successor thereto, and the guidelines developed pursuant to subsection (e), the Secretary of Defense shall take such actions as are necessary to ensure the videotaping or otherwise electronically recording of each strategic intelligence interrogation of 

any person who is in the custody or under the effective control of 

the Department of Defense or under detention in a Department of 

Defense facility. 

(b) CLASSIFICATION OF INFORMATION.—To protect United States 

national security, the safety of the individuals conducting or assisting in the conduct of a strategic intelligence interrogation, and the 

privacy of persons described in subsection (a), the Secretary of Defense shall provide for the appropriate classification of video tapes 

or other electronic recordings made pursuant to subsection (a). The 

use of such classified video tapes or other electronic recordings in 

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proceedings conducted under the Detainee Treatment Act of 2005 

(title 14 of Public Law 109–163 and title 10 of Public Law 109–

148), the Military Commissions Act of 2006 (10 U.S.C. 948 et seq.; 

Public Law 109–366), or any other provision of law shall be governed by applicable rules, regulations, and law. 

(c) STRATEGIC INTELLIGENCE INTERROGATION DEFINED.—For purposes of this section, the term ‘‘strategic intelligence interrogation’’

means an interrogation of a person described in subsection (a) conducted at a theater-level detention facility. 

(d) EXCLUSION.—Nothing in this section shall be construed as requiring—

(1) any member of the Armed Forces engaged in direct combat operations to videotape or otherwise electronically record a 

person described in subsection (a); or 

(2) the videotaping or other electronic recording of tactical 

questioning, as such term is defined in the Army Field Manual 

on Human Intelligence Collector Operations (FM 2–22.3, September 2006), or any successor thereto. 

(e) GUIDELINES FOR VIDEOTAPE AND OTHER ELECTRONIC RECORDINGS.—

(1) DEVELOPMENT OF GUIDELINES.—The Secretary of Defense, 

acting through the Judge Advocates General (as defined in section 801(1) of title 10, United States Code, (Article 1 of the 

Uniform Code of Military Justice)), shall develop and adopt 

uniform guidelines designed to ensure that the videotaping or 

other electronic recording required under subsection (a), at a 

minimum— (A) promotes full compliance with the laws of the United 

States; 

(B) is maintained for a length of time that serves the interests of justice in cases for which trials are being or may 

be conducted pursuant to the Detainee Treatment Act of 

2005 (title 14 of Public Law 109–163 and title 10 of Public 

Law 109–148), the Military Commissions Act of 2006 (10 

U.S.C. 948 et seq.; Public Law 109–366), or any other provision of law; 

(C) promotes the exploitation of intelligence; and 

(D) ensures the safety of all participants in the interrogations. 

(2) SUBMITTAL TO CONGRESS.—Not later than 30 days after 

the date of the enactment of this section, the Secretary of Defense shall submit to the Committees on Armed Services of the 

Senate and House of Representatives a report containing the 

guidelines developed under paragraph (1). Such report shall be 

in an unclassified form but may include a classified annex. 

33. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PEARCE

OF NEW MEXICO, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title XXXI, insert the following: 

SEC. 31ll. INCREASED FUNDING FOR RELIABLE REPLACEMENT 

WARHEAD PROGRAM. 

(a) INCREASE.—The amount in section 3101 for weapons activities, National Nuclear Security Administration, is hereby increased 

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by $10,000,000, to be available for the Reliable Replacement Warhead program. 

(b) OFFSET.—The amount in section 2402 is hereby reduced by $10,000,000, to be derived from energy conservation on military installations. 

34. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

MCDERMOTT OF WASHINGTON, OR HIS DESIGNEE, DEBATABLE FOR

5 MINUTES

At the end of title VII, add the following new section: 

SEC. 7ll. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS 

CONTAINED IN REPORT ON HEALTH EFFECTS OF EXPOSURE TO DEPLETED URANIUM. 

Not later than 120 days after the date of the enactment of this 

Act, the Secretary of Defense shall submit to Congress a report describing the measures underway to implement the recommendations contained in the report entitled ‘‘Review of the Toxicologic 

and Radiologic Risks to Military Personnel from Exposure to Depleted Uranium During and After Combat’’, which was conducted 

pursuant to section 716 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

2391). 

35. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KING OF

IOWA, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

Page 401, after line 14, insert the following new section: 

SEC. 947. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS. 

(a) IN GENERAL.—Not later than 6 months after the date of enactment of this Act, the Chief of the National Guard Bureau shall 

submit to the Secretary of Defense a report—

(1) detailing the extent to which the various provisions in 

title XVIII of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181) have been effective in giving 

the National Guard a clearer voice in policy and budgetary discussions in the Department of Defense; and 

(2) assessing the adequacy of Department of Defense funding 

for the resource requirements of the National Guard.’’

(b) REPORT TO CONGRESS.—Not later than 30 days after the Secretary of Defense receives the report under subsection (a), the Secretary shall submit to Congress such report, along with any explanatory comments the Secretary considers necessary. 

36. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MATSUI

OF CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of subtitle E of title V, add the following new section: 

SEC. 5ll. CORRECTION OF ERRONEOUS ARMY COLLEGE FUND BENEFIT AMOUNTS. 

(a) CORRECTION AND PAYMENT AUTHORITY.—During the period 

beginning on January 1, 2009, and ending on June 30, 2009, the 

Secretary of the Army may—

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(1) consider, through the Army Board for the Correction of 

Military Records, a request for the correction of military 

records relating to the amount of the Army College Fund benefit to which a member or former member of the Armed Forces 

may be entitled under an Army Incentive Program contract; 

and 

(2) pay such amounts as the Secretary considers necessary to 

ensure fairness and equity with regard to the request if the 

Secretary determines that the correction of the records is appropriate. 

(b) EXCEPTION TO PAYMENT LIMITS.—A payment under subsection (a)(2) may be made without regard to any limits on the 

total combined amounts established for the Army College Fund and 

the Montgomery G.I. Bill. 

(c) FUNDING SOURCE.—Payments under subsection (a)(2) shall be 

made solely from funds appropriated for military personnel programs for fiscal year 2009. 

37. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DEFAZIO

OF OREGON, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of title VIII, add the following new section: 

SEC. 849. MOTOR CARRIER FUEL SURCHARGES. 

(a) PASS THROUGH AND DISCLOSURE.—Chapter 157 of title 10, 

United States Code, is amended by adding at the end the following 

new section: 

‘‘§ 2652. Motor carrier fuel surcharges 

‘‘(a) PASS THROUGH TO COST BEARER.—In all carriage contracts 

in which a fuel-related adjustment is provided for, the Secretary of 

Defense shall require that a motor carrier, broker, or freight forwarder providing or arranging truck transportation or service using 

fuel for which it does not bear the cost pay to the person who bears 

the cost of such fuel the amount of all charges that relate to the 

cost of fuel that were invoiced or otherwise presented to the person 

responsible directly to the motor carrier, broker, or freight forwarder for payment for the transportation or service. 

‘‘(b) DISCLOSURE.—The Secretary shall require in a contract described in subsection (a) that a motor carrier, broker, or freight forwarder providing or arranging transportation or service using fuel 

not paid for by it disclose any fuel-related adjustment by making 

the amount of the adjustment publicly available, including on the 

Internet. 

‘‘(c) REGULATIONS.—The Secretary shall prescribe regulations to 

ensure contracts described in subsection (a) include measures necessary to ensure enforcement of this section.’’. 

(b) CONFORMING AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following: new item: 

‘‘2652. Motor carrier fuel surcharges.’’. 

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38. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TURNER

OF OHIO, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

Page 481, after line 13, insert the following: 

SEC. 1110. STATUS REPORTS RELATING TO LABORATORY PERSONNEL 

DEMONSTRATION PROJECTS. 

Section 1107 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110-181; 122 Stat. 357) is amended by adding at the end the following: 

‘‘(e) STATUS REPORTS.—

‘‘(1) IN GENERAL.—Not later than 45 days after the date of 

the enactment of this Act and not later than March 1 of each 

year beginning after the date on which the first report under 

this subsection is submitted, the Secretary of Defense shall 

submit to the Committees on Armed Services of the Senate and 

House of Representatives a report providing, with respect to 

the year before the year in which such report is submitted, the 

information described in paragraph (2). 

‘‘(2) INFORMATION REQUIRED.—Each report under this subsection shall describe the following: 

‘‘(A) The actions taken by the Secretary of Defense under 

subsection (a) during the year covered by the report. 

‘‘(B) The progress made by the Secretary of Defense during such year in developing and implementing the plan required by subsection (b), including the anticipated date for 

completion of such plan and a list and description of any 

issues relating to the development or implementation of 

such plan. 

‘‘(C) With respect to any applications by laboratories 

seeking to be designated as a demonstration laboratory or 

to otherwise obtain any of the personnel flexibilities available to a demonstration laboratory—

‘‘(i) the number of applications that were received, 

pending, or acted on during such year; 

‘‘(ii) the status or disposition of any applications 

under clause (i), including, in the case of any application on which a final decision was rendered, the laboratory involved, what the laboratory had requested, 

the decision reached, and the reasons for the decision; 

and 

‘‘(iii) in the case of any applications under clause (i) 

on which a final decision was not rendered, the date 

by which a final decision is anticipated. 

‘‘(3) DEFINITION.—For purposes of this subsection, the term 

‘demonstration laboratory’ means a laboratory designated by 

the Secretary of Defense under the provisions of section 342(b) 

of the National Defense Authorization Act for Fiscal Year 1995 

(as cited in subsection (a)) as a Department of Defense science 

and technology reinvention laboratory.’’. 

39. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE STUPAK

OF MICHIGAN, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

Add at the end of subtitle D of title VI, the following new section: 

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SEC. 6ll. ELIGIBILITY FOR DISABILITY RETIRED PAY AND SEPARATION PAY OF CERTAIN FORMER CADETS AND MIDSHIPMEN WITH PRIOR ENLISTED SERVICE. 

Section 1217(a) of title 10, United States Code, is amended by 

striking ‘‘incurred after October 28, 2004.’’ and inserting ‘‘incurred—

‘‘(1) after October 28, 2004; or 

‘‘(2) after January 1, 2000, in the case of a cadet or midshipman who was discharged from an enlisted grade in order 

to accept an appointment as a cadet or midshipman.’’. 

40. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DELAURO

OF CONNECTICUT, OR HER DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of subtitle C of title VII, add the following new section: 

SEC. 726. POST-DEPLOYMENT MENTAL HEALTH SCREENING DEMONSTRATION PROJECT. 

(a) DEMONSTRATION PROJECT REQUIRED.—The Secretary of Defense shall conduct a demonstration project to assess the feasibility 

and efficacy of providing a face to face post-deployment mental 

health screening between a member of the Armed Forces and a 

mental health provider. 

(b) ELEMENTS.—The demonstration project shall include, at a 

minimum, the following elements: 

(1) A combat stress evaluation conducted in person by a 

qualified mental health professional within 120 to 180 days 

after the date on which the member returns from combat theater. 

(2) Phone follow-ups by a case manager, not necessarily stationed at the military installation, at the following intervals 

after the initial post-deployment screening: 

(A) Six months. 

(B) 12 months. 

(C) 18 months. 

(D) 24 months. 

(c) CONSULTATION.—The Secretary of Defense shall develop the 

demonstration project in consultation with the Secretary of Veterans Affairs and the Secretary of Health and Human Services. 

The Secretary of Defense may also coordinate the program with 

any accredited college, university, hospital-based or communitybased mental health center the Secretary considers appropriate. 

(d) SELECTION OF MILITARY INSTALLATION.—The demonstration 

project shall be conducted at two military installations, one active 

duty and one reserve component demobilization station, selected by 

the Secretary of Defense. The installations selected shall have 

members of the Armed Forces on active duty and members of the 

reserve components that use the installation as a training and operating base, with members routinely deploying in support of operations in Iraq, Afghanistan, and other assignments related to the 

global war on terrorism. 

(e) PERSONNEL REQUIREMENTS.—The Secretary of Defense shall 

ensure an adequate number of the following personnel in the program: 

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(1) Qualified mental health professionals that are licensed 

psychologists, psychiatrists, psychiatric nurses, or clinical social workers. 

(2) Suicide prevention counselors. 

(f) TIMELINE.—

(1) The demonstration project required by this subsection 

shall be implemented not later than September 30, 2009. 

(2) Authority for this demonstration project shall expire on 

September 30, 2011. 

(g) REPORTS.—The Secretary of Defense shall submit to the congressional defense committees—

(1) a plan to implement the demonstration project, including 

site selection and criteria for choosing the site, not later than 

June 1, 2009, 

(2) an interim report every 180 days thereafter; and 

(3) a final report detailing the results not later than January 

1, 2012. 

41. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE EVERETT

OF ALABAMA, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of title subtitle E of title V, insert the following new 

section: 

SEC. 5ll. EXPANDED AUTHORITY FOR INSTITUTIONS OF PROFESSIONAL MILITARY EDUCATION TO AWARD DEGREES. 

(a) NATIONAL DEFENSE INTELLIGENCE COLLEGE.—

(1) IN GENERAL.—Section 2161 of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 2161. Degree granting authority for National Defense Intelligence College 

‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 

of Defense, the President of the National Defense Intelligence College may, upon the recommendation of the faculty of the National 

Defense Intelligence College, confer appropriate degrees upon graduates who meet the degree requirements. 

‘‘(b) LIMITATION.—A degree may not be conferred under this section unless—

‘‘(1) the Secretary of Education has recommended approval of 

the degree in accordance with the Federal Policy Governing 

Granting of Academic Degrees by Federal Agencies; and 

‘‘(2) the curriculum leading to that degree is accredited by 

the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education. 

‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 

seeking to establish degree granting authority under this section, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives—

‘‘(A) a copy of the self assessment questionnaire required by 

the Federal Policy Governing Granting of Academic Degrees by 

Federal Agencies, at the time the assessment is submitted to 

the Department of Education’s National Advisory Committee 

on Institutional Quality and Integrity; and 

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‘‘(B) the subsequent recommendations and rationale of the 

Secretary of Education regarding the establishment of the degree granting authority. 

‘‘(2) Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House 

of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination. 

‘‘(3) The Secretary of Defense shall submit to the Committees on 

Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate 

academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 108 of such title is amended by striking the 

item relating to section 2161 and inserting the following new 

item: 

‘‘2161. Degree granting authority for National Defense Intelligence College.’’. 

(b) NATIONAL DEFENSE UNIVERSITY.—

(1) IN GENERAL.—Section 2163 of such title is amended to 

read as follows: 

‘‘§ 2163. Degree granting authority for National Defense University 

‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 

of Defense, the President of the National Defense University may, 

upon the recommendation of the faculty of the National Defense 

University, confer appropriate degrees upon graduates who meet 

the degree requirements. 

‘‘(b) LIMITATION.—A degree may not be conferred under this section unless—

‘‘(1) the Secretary of Education has recommended approval of 

the degree in accordance with the Federal Policy Governing 

Granting of Academic Degrees by Federal Agencies; and 

‘‘(2) the curriculum leading to that degree is accredited by 

the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education. 

‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 

seeking to establish degree granting authority under this section, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives— ‘‘(A) a copy of the self assessment questionnaire required by 

the Federal Policy Governing Granting of Academic Degrees by 

Federal Agencies, at the time the assessment is submitted to 

the Department of Education’s National Advisory Committee 

on Institutional Quality and Integrity; and 

‘‘(B) the subsequent recommendations and rationale of the 

Secretary of Education regarding the establishment of the degree granting authority. 

‘‘(2) Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House 

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of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination. 

‘‘(3) The Secretary of Defense shall submit to the Committees on 

Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate 

academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 108 of such title is amended by striking the 

item relating to section 2163 and inserting the following new 

item: 

‘‘2163. Degree granting authority for National Defense University.’’. 

(c) UNITED STATES ARMY COMMAND AND GENERAL STAFF COLLEGE.—

(1) IN GENERAL.—Section 4314 of such title is amended to 

read as follows: 

‘‘§ 4314. Degree granting authority for United States Army 

Command and General Staff College 

‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 

of the Army, the Commandant of the United States Army Command and General Staff College may, upon the recommendation of 

the faculty and dean of the college, confer appropriate degrees upon 

graduates who meet the degree requirements. 

‘‘(b) LIMITATION.—A degree may not be conferred under this section unless—

‘‘(1) the Secretary of Education has recommended approval of 

the degree in accordance with the Federal Policy Governing 

Granting of Academic Degrees by Federal Agencies; and 

‘‘(2) the curriculum leading to that degree is accredited by 

the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education. 

‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 

seeking to establish degree granting authority under this section, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives—

‘‘(A) a copy of the self assessment questionnaire required by 

the Federal Policy Governing Granting of Academic Degrees by 

Federal Agencies, at the time the assessment is submitted to 

the Department of Education’s National Advisory Committee 

on Institutional Quality and Integrity; and 

‘‘(B) the subsequent recommendations and rationale of the 

Secretary of Education regarding the establishment of the degree granting authority. 

‘‘(2) Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House 

of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination. 

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‘‘(3) The Secretary of Defense shall submit to the Committees on 

Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate 

academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 401 of such title is amended by striking the 

item relating to section 4314 and inserting the following new 

item: 

‘‘4314. Degree granting authority for United States Army Command and General 

Staff College.’’. 

(d) UNITED STATES ARMY WAR COLLEGE.—

(1) IN GENERAL.—Section 4321 of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 4321. Degree granting authority for United States Army 

War College 

‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 

of the Army, the Commandant of the United States Army War College may, upon the recommendation of the faculty and dean of the 

college, confer appropriate degrees upon graduates who meet the 

degree requirements. 

‘‘(b) LIMITATION.—A degree may not be conferred under this section unless—

‘‘(1) the Secretary of Education has recommended approval of 

the degree in accordance with the Federal Policy Governing 

Granting of Academic Degrees by Federal Agencies; and 

‘‘(2) the curriculum leading to that degree is accredited by 

the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education. 

‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 

seeking to establish degree granting authority under this section, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives—

‘‘(A) a copy of the self assessment questionnaire required by 

the Federal Policy Governing Granting of Academic Degrees by 

Federal Agencies, at the time the assessment is submitted to 

the Department of Education’s National Advisory Committee 

on Institutional Quality and Integrity; and 

‘‘(B) the subsequent recommendations and rationale of the 

Secretary of Education regarding the establishment of the degree granting authority. 

‘‘(2) Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House 

of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination. 

‘‘(3) The Secretary of Defense shall submit to the Committees on 

Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate 

academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.’’. 

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(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 401 of such title is amended by striking the 

item relating to section 4321 and inserting the following new 

item: 

‘‘4321. Degree granting authority for United States Army War College.’’. 

(e) UNITED STATES NAVAL POSTGRADUATE SCHOOL.— (1) IN GENERAL.—Section 7048 of such title is amended to 

read as follows: 

‘‘§ 7048. Degree granting authority for United States Naval 

Postgraduate School 

‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 

of the Navy, the President of the Naval Postgraduate School may, 

upon the recommendation of the faculty of the Naval Postgraduate 

School, confer appropriate degrees upon graduates who meet the 

degree requirements. ‘‘(b) LIMITATION.—A degree may not be conferred under this section unless— ‘‘(1) the Secretary of Education has recommended approval of 

the degree in accordance with the Federal Policy Governing 

Granting of Academic Degrees by Federal Agencies; and ‘‘(2) the curriculum leading to that degree is accredited by 

the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education. 

‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 

seeking to establish degree granting authority under this section, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives—

‘‘(A) a copy of the self assessment questionnaire required by 

the Federal Policy Governing Granting of Academic Degrees by 

Federal Agencies, at the time the assessment is submitted to 

the Department of Education’s National Advisory Committee 

on Institutional Quality and Integrity; and 

‘‘(B) the subsequent recommendations and rationale of the 

Secretary of Education regarding the establishment of the degree granting authority. 

‘‘(2) Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House 

of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination. 

‘‘(3) The Secretary of Defense shall submit to the Committees on 

Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate 

academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 605 of such title is amended by striking the 

item relating to section 7048 and inserting the following new 

item: 

‘‘7048. Degree granting authority for United States Naval Postgraduate School.’’. 

(f) NAVAL WAR COLLEGE.—

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(1) IN GENERAL.—Section 7101 of such title is amended to 

read as follows: 

‘‘§ 7101. Degree granting authority for Naval War College 

‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 

of the Navy, the President of the Naval War College may, upon the 

recommendation of the faculty of the Naval War College components, confer appropriate degrees upon graduates who meet the degree requirements. 

‘‘(b) LIMITATION.—A degree may not be conferred under this section unless—

‘‘(1) the Secretary of Education has recommended approval of 

the degree in accordance with the Federal Policy Governing 

Granting of Academic Degrees by Federal Agencies; and 

‘‘(2) the curriculum leading to that degree is accredited by 

the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education. 

‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 

seeking to establish degree granting authority under this section, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives—

‘‘(A) a copy of the self assessment questionnaire required by 

the Federal Policy Governing Granting of Academic Degrees by 

Federal Agencies, at the time the assessment is submitted to 

the Department of Education’s National Advisory Committee 

on Institutional Quality and Integrity; and 

‘‘(B) the subsequent recommendations and rationale of the 

Secretary of Education regarding the establishment of the degree granting authority. 

‘‘(2) Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House 

of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination. 

‘‘(3) The Secretary of Defense shall submit to the Committees on 

Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate 

academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 609 of such title is amended by striking the 

item relating to section 7101 and inserting the following new 

item: 

‘‘7101. Degree granting authority for Naval War College.’’. 

(g) MARINE CORPS UNIVERSITY.—

(1) IN GENERAL.—Section 7102 of such title is amended to 

read as follows: 

‘‘§ 7102. Degree granting authority for Marine Corps University 

‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 

of the Navy, the President of the Marine Corps University may, 

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upon the recommendation of the directors and faculty of the Marine Corps University, confer appropriate degrees upon graduates 

who meet the degree requirements. 

‘‘(b) LIMITATION.—A degree may not be conferred under this section unless—

‘‘(1) the Secretary of Education has recommended approval of 

the degree in accordance with the Federal Policy Governing 

Granting of Academic Degrees by Federal Agencies; and 

‘‘(2) the curriculum leading to that degree is accredited by 

the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education. 

‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 

seeking to establish degree granting authority under this section, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives—

‘‘(A) a copy of the self assessment questionnaire required by 

the Federal Policy Governing Granting of Academic Degrees by 

Federal Agencies, at the time the assessment is submitted to 

the Department of Education’s National Advisory Committee 

on Institutional Quality and Integrity; and 

‘‘(B) the subsequent recommendations and rationale of the 

Secretary of Education regarding the establishment of the degree granting authority. 

‘‘(2) Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House 

of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination. 

‘‘(3) The Secretary of Defense shall submit to the Committees on 

Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate 

academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree. 

‘‘(d) BOARD OF ADVISORS.—The Secretary of the Navy shall establish a board of advisors for the Marine Corps University. The Secretary shall ensure that the board is established so as to meet all 

requirements of the appropriate regional accrediting association.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 609 of such title is amended by striking the 

item relating to section 7102 and inserting the following new 

item: 

‘‘7102. Degree granting authority for Marine Corps University.’’. 

(h) UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.—

(1) IN GENERAL.—Section 9314 of such title is amended to 

read as follows: 

‘‘§ 9314. Degree granting authority for United States Air 

Force Institute of Technology 

‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 

of the Air Force, the commander of Air University may, upon the 

recommendation of the faculty of the United States Air Force Institute of Technology, confer appropriate degrees upon graduates of 

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the United States Air Force Institute of Technology who meet the 

degree requirements. ‘‘(b) LIMITATION.—A degree may not be conferred under this section unless— ‘‘(1) the Secretary of Education has recommended approval of 

the degree in accordance with the Federal Policy Governing 

Granting of Academic Degrees by Federal Agencies; and ‘‘(2) the curriculum leading to that degree is accredited by 

the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education. ‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 

seeking to establish degree granting authority under this section, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives— ‘‘(A) a copy of the self assessment questionnaire required by 

the Federal Policy Governing Granting of Academic Degrees by 

Federal Agencies, at the time the assessment is submitted to 

the Department of Education’s National Advisory Committee 

on Institutional Quality and Integrity; and ‘‘(B) the subsequent recommendations and rationale of the 

Secretary of Education regarding the establishment of the degree granting authority. ‘‘(2) Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House 

of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination. ‘‘(3) The Secretary of Defense shall submit to the Committees on 

Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate 

academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree. 

‘‘(d) CIVILIAN FACULTY.—(1) The Secretary of the Air Force may 

employ as many civilian faculty members at the United States Air 

Force Institute of Technology as is consistent with the needs of the 

Air Force and with Department of Defense personnel limits. ‘‘(2) The Secretary shall prescribe regulations determining— ‘‘(A) titles and duties of civilian members of the faculty; and 

‘‘(B) pay of civilian members of the faculty, notwithstanding 

chapter 53 of title 5, but subject to the limitation set out in 

section 5373 of title 5. ‘‘(e) REIMBURSEMENT.—(1) The Department of the Army, the Department of the Navy, and the Department of Homeland Security 

shall bear the cost of the instruction at the Air Force Institute of 

Technology that is received by members of the armed forces detailed for that instruction by the Secretaries of the Army, Navy, 

and Homeland Security, respectively. ‘‘(2) Members of the Army, Navy, Marine Corps, and Coast 

Guard may only be detailed for instruction at the Institute on a 

space-available basis. ‘‘(3) In the case of an enlisted member of the Army, Navy, Marine Corps, and Coast Guard permitted to receive instruction at the 

Institute, the Secretary of the Air Force shall charge that member 

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only for such costs and fees as the Secretary considers appropriate 

(taking into consideration the admission of enlisted members on a 

space-available basis). ‘‘(f) ACCEPTANCE OF RESEARCH GRANTS.—(1) The Secretary of the 

Air Force may authorize the Commandant of the United States Air 

Force Institute of Technology to accept qualifying research grants. 

Any such grant may only be accepted if the work under the grant 

is to be carried out by a professor or instructor of the Institute for 

a scientific, literary, or educational purpose. ‘‘(2) A qualifying research grant under this subsection is a grant 

that is awarded on a competitive basis by an entity referred to in 

paragraph (3) for a research project with a scientific, literary, or 

educational purpose. ‘‘(3) A grant may be accepted under this subsection only from a 

corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, 

or educational purposes. ‘‘(4) The Secretary shall establish an account for administering 

funds received as research grants under this section. The Commandant of the Institute shall use the funds in the account in accordance with applicable provisions of the regulations and the 

terms and condition of the grants received. ‘‘(5) Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Institute may be used 

to pay expenses incurred by the Institute in applying for, and otherwise pursuing, the award of qualifying research grants. ‘‘(6) The Secretary shall prescribe regulations for the administration of this subsection.’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 901 of such title is amended by striking the 

item relating to section 9314 and inserting the following new 

item: 

‘‘9314. Degree granting authority for United States Air Force Institute of Technology.’’. 

(i) AIR UNIVERSITY.— (1) IN GENERAL.—Section 9317 of such title is amended to 

read as follows: 

‘‘§ 9317. Degree granting authority for Air University 

‘‘(a) AUTHORITY.—Except as provided in sections 9314 and 9315 

of this title, under regulations prescribed by the Secretary of the 

Air Force, the commander of Air University may, upon the recommendation of the faculty of the Air University components, confer appropriate degrees upon graduates who meet the degree requirements. 

‘‘(b) LIMITATION.—A degree may not be conferred under this section unless—

‘‘(1) the Secretary of Education has recommended approval of 

the degree in accordance with the Federal Policy Governing 

Granting of Academic Degrees by Federal Agencies; and 

‘‘(2) the curriculum leading to that degree is accredited by 

the appropriate civilian academic accrediting agency or organization, as determined by the Secretary of Education. 

‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 

seeking to establish degree granting authority under this section, 

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the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives—

‘‘(A) a copy of the self assessment questionnaire required by 

the Federal Policy Governing Granting of Academic Degrees by 

Federal Agencies, at the time the assessment is submitted to 

the Department of Education’s National Advisory Committee 

on Institutional Quality and Integrity; and 

‘‘(B) the subsequent recommendations and rationale of the 

Secretary of Education regarding the establishment of the degree granting authority. 

‘‘(2) Upon any modification, redesignation or termination of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House 

of Representatives a report containing the rationale for the proposed modification, redesignation or termination and any subsequent recommendation of the Secretary of Education on the proposed modification, redesignation or termination. 

‘‘(3) The Secretary of Defense shall submit to the Committees on 

Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate 

academic accrediting agency or organization not to accredit the curriculum leading to any new or existing degree.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 901 of such title is amended by striking the 

item relating to section 9317 and inserting the following new 

item: 

‘‘9317. Degree granting authority for Air University.’’. 

(j) EFFECTIVE DATE.—This section shall apply to any degree 

granting authority established, modified, redesignated or terminated on or after the date of enactment of this Act. 

42. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

SCHAKOWSKY OF ILLINOIS, OR HER DESIGNEE, DEBATABLE FOR 5 

MINUTES

At the end of subtitle C, add the following new section: 

SEC. 824. PERFORMANCE BY PRIVATE SECURITY CONTRACTORS OF 

INHERENTLY GOVERNMENTAL FUNCTIONS IN AN AREA 

OF COMBAT OPERATIONS. 

(a) MODIFICATION OF REGULATIONS.—Not later than 60 days 

after the date of the enactment of this Act, the regulations prescribed by the Secretary of Defense pursuant to section 862(a) of 

the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 254; 10 U.S.C. 2302 note) shall be modified to ensure that private security contractors are not authorized 

to perform inherently governmental functions in an area of combat 

operations. 

(b) GUIDANCE.—After the issuance of regulations to implement 

the actions required by section 322 of this Act, the Secretary of Defense shall issue supplementary guidance to describe functions that 

should not be performed by private security contractors because 

they constitute inherently governmental functions. 

(c) PERIODIC REVIEW OF PERFORMANCE OF FUNCTIONS.—

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(1) IN GENERAL.—The Secretary of Defense shall, in coordination with the heads of other appropriate agencies, periodically 

review the performance of private security functions in areas 

of combat operations to ensure that such functions are authorized and performed in a manner consistent with the requirements of this section. 

(2) REPORTS.—Not later than June 1 of each of 2009, 2010, 

and 2011, the Secretary shall submit to the congressional defense committees a report on the results of the most recent review conducted under paragraph (1). 

43. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCHIFF OF

CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

Page 438, after line 6, insert the following (and make such technical and conforming changes as may be appropriate): 

SEC. 1048. STUDY ON METHODS TO VERIFIABLY REDUCE THE LIKELIHOOD OF ACCIDENTAL NUCLEAR LAUNCH. 

(a) STUDY REQUIRED.—The Secretary of Defense shall carry out 

a study to evaluate procedural and physical options for introducing 

into the nuclear weapons launch procedures of the United States, 

Russia, China, and any other strategically appropriate nations determined by the Secretary, a time-delay before a launch command 

can be executed that would be transparent to and verifiable by the 

other nations. The options studied shall encompass a wide range of 

possible time-delays and shall include, for each option, an analysis 

of—

(1) the increased time, over current procedures, before a 

launch command can be executed; 

(2) the strategic risk to United States national security, including the survivability of the United States arsenal under a 

range of verification failures; 

(3) the range of possible inspection regimes, including the degree of verifiability that each would afford; and 

(4) the availability of parallel options in the other nations included in such study. 

(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Secretary shall submit to the congressional 

defense committees a report on the results of the study. If a report 

under this subsection is submitted in classified form, the Secretary 

shall concurrently submit to the congressional defense committees 

an unclassified version of such report. 

44. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

BLUMENAUER OF OREGON, OR HIS DESIGNEE, DEBATABLE FOR 5 

MINUTES

At the end of subtitle B of title III, add the following new section: 

SEC. 314. DETECTION INSTRUMENT TECHNOLOGY RESEARCH AND DEPLOYMENT OF RESULTING DETECTION INSTRUMENTS 

AND TECHNOLOGICAL IMPROVEMENTS. 

(a) RESEARCH REQUIRED.—The Secretary of Defense shall—

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(1) make the research, development, testing, and evaluation 

of technology related to unexploded ordnance detection a priority; and 

(2) accelerate the transition of promising detection instrument technology across the Department of Defense. 

(b) DEPLOYMENT AND TRAINING.—The Secretary shall facilitate 

the deployment of unexploded ordnance detection instrument technology developed through research funded by the Department of 

Defense or developed by entities other than the Department of Defense. The Secretary may consider allocating a portion of the 

amount appropriated for such research and development activities 

to assist in the training of operators of unexploded ordnance detection instruments on the use of new detection instruments. 

(c) REPORT.—Not later than February 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 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 companies involved in the detection of unexploded ordnance. 

(6) Activities undertaken by the Department to raise public 

awareness regarding unexploded ordnance. 

(d) 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. 

45. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

BORDALLO OF GUAM, OR HER DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of subtitle C of title XXVIII, insert the following new 

section: 

SEC. 2829. PORT OF GUAM IMPROVEMENT ENTERPRISE PROGRAM. 

(a) IN GENERAL.—The Secretary of Transportation, acting 

through the Administrator of the Maritime Administration (in this 

section referred to as the ‘‘Administrator’’), may establish a Port of 

Guam Improvement Enterprise Program (in this section referred to 

as the ‘‘Program’’) to provide for the planning, design, and construction of projects for the Port of Guam to improve facilities, relieve 

port congestion, and provide greater access to port facilities. 

(b) AUTHORITIES OF THE ADMINISTRATOR.—In carrying out the 

Program, the Administrator may—

(1) receive funds provided for the Program from non-Federal 

entities, including private entities; 

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(2) provide for coordination among appropriate governmental 

agencies to expedite the review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 

projects carried out under the Program; 

(3) provide for coordination among appropriate governmental 

agencies in connection with other reviews and requirements 

applicable to projects carried out under the Program; and 

(4) provide technical assistance to the Port Authority of 

Guam (and its agents) as needed for projects carried out under 

the Program. 

(c) PORT OF GUAM IMPROVEMENT ENTERPRISE FUND.— (1) ESTABLISHMENT.—There is established in the Treasury of 

the United States a separate account to be known as the ‘‘Port 

of Guam Improvement Enterprise Fund’’ (in this section referred to as the ‘‘Fund’’). 

(2) DEPOSITS.—There shall be deposited into the Fund— (A) amounts received by the Administrator from nonFederal sources under subsection (b)(1); 

(B) amounts transferred to the Administrator under subsection (d); and 

(C) amounts appropriated to carry out this section under 

subsection (f). 

(3) USE OF AMOUNTS.—Amounts in the Fund shall be available to the Administrator to carry out the Program. 

(4) ADMINISTRATIVE EXPENSES.—Not to exceed 3 percent of 

the amounts appropriated to the Fund for a fiscal year may be 

used for administrative expenses of the Administrator. 

(5) AVAILABILITY OF AMOUNTS.—Amounts in the Fund shall 

remain available until expended. 

(d) TRANSFERS OF AMOUNTS.—Amounts appropriated or otherwise made available for any fiscal year for an intermodal or marine 

facility comprising a component of the Program shall be transferred 

to and administered by the Administrator. 

(e) LIMITATION.—Nothing in this section shall be construed to authorize amounts made available under section 215 of title 23, 

United States Code, or any other amounts made available for the 

construction of highways or amounts otherwise not eligible for 

making port improvements to be deposited into the Fund. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Fund such sums as may be necessary to 

carry out this section. 

46. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MOORE

OF WISCONSIN, OR HER DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of title VII, add the following new section: 

SEC. 7ll. IMPLEMENTATION OF RECOMMENDATIONS OF DEPARTMENT OF DEFENSE MENTAL HEALTH TASK FORCE. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall conduct a review of the implementation by the Department 

of Defense of recommendations made by the Department of Defense 

Task Force on Mental Health (in this section referred to as the 

‘‘Task Force’’) developed pursuant to section 723 of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 109–

163; 119 Stat. 3348) to ensure a full continuum of psychological 

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health services and care for members of the Armed Forces and 

their families. 

(b) REPORT REQUIRED.—Not later than one year after the date of 

the enactment of this Act, the Comptroller General shall submit to 

the congressional defense committees a report on the results of the 

review required by this section. The report shall include such recommendations as the Comptroller General considers appropriate. 

47. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ORTIZ OF

TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of title I, add the following new section: 

SEC. 144. REPORT ON FUTURE JET CARRIER TRAINER REQUIREMENTS OF THE NAVY. 

Not later than 120 days after the date of the enactment of this 

Act, the Secretary of the Navy shall submit to the congressional defense committees a report on future jet carrier trainer requirements. The report shall include—

(1) an assessment of the Navy Strategic Planning Study concerning future jet carrier trainer requirements; 

(2) an assessment of studies conducted by independent organizations concerning future jet carrier trainer requirements; 

(3) a cost-benefit analysis of creating a new program to fulfill 

future jet carrier trainer requirements; 

(4) a cost-benefit analysis of modifying current programs to 

fulfill future jet carrier trainer requirements; and 

(5) a plan to address future jet carrier trainer requirements 

beginning fiscal year 2010. 

48. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KENNEDY

OF RHODE ISLAND, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

At the end of subtitle A of title VII, add the following new section: 

SEC. 708. RESERVE COMPONENT BEHAVIORAL HEALTH CARE PROVIDER LOCATOR AND APPOINTMENT ASSISTANCE DEMONSTRATION PROJECT. 

(a) DEMONSTRATION PROJECT.—The Secretary of Defense shall 

conduct a demonstration project to assess the feasibility and efficacy of providing a behavioral health care provider locator and appointment assistance service to members of the reserve components 

of the Armed Forces. 

(b) ELEMENTS.—The demonstration project shall include, at a 

minimum, a toll-free hotline, staffed and available 24 hours a day 

7 days a week, to help members of the reserve components find behavioral health care providers and schedule outpatient appointments in the TRICARE network. 

(c) ELIGIBILITY.—In order to be eligible for the demonstration 

project, a member of the Armed Forces shall meet the following requirements: 

(1) Be a member of the Selected Reserve. 

(2) Be enrolled in TRICARE Reserve Select. 

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(d) IMPLEMENTATION.—The demonstration project shall be implemented not later than 180 days after the date of the enactment of 

this Act. 

(e) SUNSET.—The authority for the demonstration project required by this section shall expire on September 30, 2011. 

(f) REPORTS.—The Secretary of Defense shall submit to the congressional defense committees the following reports: 

(1) PLAN.—Not later than 90 days after the date of the enactment of this Act, a report containing a plan to implement the 

demonstration project required by this section. 

(2) UPDATES.—Not later than 180 days after such date of enactment and every 180 days thereafter, a report containing an 

update on the demonstration project. 

(3) FINAL EVALUATION.—Not later than January 1, 2012, a 

report containing a final written evaluation, including recommendations for the extension or expansion of the demonstration project. 

49. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ISRAEL OF

NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

Add at the end of subtitle B of title III the following new section: 

SEC. 314. CLOSED LOOP RECYCLING FOR MOTOR VEHICLE LUBRICATING OIL. 

(a) STUDY AND EVALUATION.—Not later than 90 days 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 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 

closed loop recycling of used oil as a means of reducing total indirect energy usage and greenhouse gas emissions. 

(b) IMPLEMENTATION.—To the extent that the evaluation included 

in the report submitted under subsection (a) indicates that closed 

loop recycling of used motor vehicle lubricating oil can reduce total 

indirect energy usage and greenhouse gas emissions without significant increase in overall cost to the Department of Defense, the 

Secretary shall implement policies to require closed loop recycling 

of used oil whenever feasible. 

(c) DEFINITION.—For purposes of this section, the term ‘‘closed 

loop recycling’’ 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. 

50. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ISRAEL OF

NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title XII, add the following new section: 

SEC. 12ll. EMPLOYMENT FOR RESETTLED IRAQIS. 

(a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of 

State shall jointly establish and operate a temporary program to 

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offer employment as translators, interpreters, or cultural awareness instructors to individuals described in subsection (b). 

(b) ELIGIBILITY.—Individuals referred to in subsection (a) are individuals, in the determination of the Secretary of State, in coordination with the Secretary of Defense and the Secretary of Homeland Security, who—

(1) are Iraqi nationals lawfully present in the United States; 

and 

(2) worked, for at least 12 months since 2003, as translators 

in the Republic of Iraq for the United States Armed Forces or 

other agency of the United States Government. 

(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 was for 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, the Office of Refugee Resettlement of the Department of 

Health and Human Services, and nongovernmental organizations 

to ensure that Iraqis resettled in the United States are informed 

of the program established under subsection (a). 

(f) REGULATIONS.—The Secretary of Defense, in coordination with 

the Secretary of State, shall prescribe such regulations as are necessary to carry out the program established under subsection (a), 

including establishing pay scales and hiring procedures, and determining the number of positions required to be filled. 

(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, in 

coordination 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. 

51. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

SCHWARTZ OF PENNSYLVANIA, OR HER DESIGNEE, DEBATABLE FOR

5 MINUTES

Add at the end of title X the following new section: 

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SEC. 1071. USE OF RUNWAY AT NASJRB WILLOW GROVE, PENNSYLVANIA. 

(a) CONDITIONS ON CONVEYANCE, GRANT, LEASE, OR LICENSE.—

Any conveyance, grant, lease, or license from the United States to 

the Commonwealth of Pennsylvania or other legal entity that includes the airfield property located at NASJRB Willow Grove and 

designated for operation as a Joint Interagency Installation pursuant to section 3703 of the U.S. Troop Readiness, Veterans’ Care, 

Katrina Recovery, and Iraq Accountability Appropriations Act, 

2007 (121 Stat. 145) shall be subject to the restrictions on the use 

of the airfield set forth in subsection (b).

(b) RESTRICTIONS ON USE.—The airfield at the installation shall 

not be used for any of the following purposes: 

(1) Commercial passenger operations. 

(2) Commercial cargo operations. 

(3) Commercial, business, or nongovernment aircraft operations for purposes not related to the missions of the installation, except that this paragraph shall not apply in exigent circumstances or prohibit use of the airfield by or on behalf of any 

associated user which is a tenant of the installation. 

(4) As a reliever airport to relieve congestion at other airports or to provide improved general aviation access to the 

overall community, except that this paragraph shall not apply 

in exigent circumstances. 

(c) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed to diminish or alter authorized uses of 

the installation, including the military enclave that is part thereof, 

by the United States or its agencies or instrumentalities or to limit 

use of the property in exigent circumstances. 

(d) DEFINITIONS.—In this section, the following definitions apply: 

(1) AIRFIELD.—The term ‘‘airfield’’ means the airfield referred to in subsection (a). 

(2) ASSOCIATED USERS.—The term ‘‘associated users’’ means

nongovernmental organizations and private entities that use 

the airfield for purposes related to the national defense, homeland security, and emergency preparedness missions of the installation. 

(3) EXIGENT CIRCUMSTANCES.—The term ‘‘exigent circumstances’’ means unusual conditions, including adverse or 

unusual weather conditions, alerts, and actual or threatened 

emergencies that are determined by the installation to require 

limited-duration use of the installation or its airfield for operations, including flying operations, for uses otherwise restricted under subsection (b). 

(4) COMMERCIAL CARGO OPERATIONS.—The term ‘‘commercial 

cargo operations’’ means aircraft operations by a commercial 

cargo or freight carrier in cases in which cargo is delivered to 

or flown from the installation under established schedules, except that the term does not include any cargo operations undertaken by or on behalf of any user of the installation or cargo 

operations related to the national defense, homeland security, 

and emergency preparedness missions of the installation. 

(5) COMMERCIAL PASSENGER OPERATIONS.—The term ‘‘commercial passenger operations’’ means aircraft passenger operations by commercial passenger carriers involving flights 

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where passengers are boarded or enplaned at the installation, 

except that the term does not include passenger operations undertaken by or on behalf of any user of the installation or passenger operations related to the national defense, homeland security, and emergency preparedness missions of the installation. 

(6) INSTALLATION.—The term ‘‘installation’’ means the Joint 

Interagency Installation referred to in subsection (a). 

52. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BISHOP

OF GEORGIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VII, add the following new section: 

SEC. 734. TRANSITIONAL HEALTH CARE FOR CERTAIN MEMBERS OF 

THE ARMED FORCES WHO AGREE TO SERVE IN THE SELECTED RESERVE OF THE READY RESERVE. 

(a) PROVISION OF TRANSITIONAL HEALTH CARE.—Section 

1145(a)(2) of title 10, United States Code, is amended by adding at 

the end the following new subparagraph: 

‘‘(E) A member who is separated from active duty who agrees 

to become a member of the Selected Reserve of the Ready Reserve of a reserve component.’’. 

(b) EFFECTIVE DATE.—Subparagraph (E) of section 1145(a)(2) of 

title 10, United States Code, as added by subsection (a), shall apply 

with respect to members of the Armed Forces separated from active 

duty after the date of the enactment of this Act. 

(c) OFFSET.—The amount in section 201(4) for research, development, test, and evaluation, Defense-wide, is hereby reduced by 

$22,000,000, to be derived from the Missile Defense Agency. 

53. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BRALEY

OF IOWA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle B of title XII, insert the following new section: 

SEC. 12ll. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI 

FREEDOM AND OPERATION ENDURING FREEDOM. 

(a) FINDINGS.—Congress finds the following: 

(1) The United States has been engaged in military operations in Afghanistan since October 2001 and in military operations in Iraq since March 2003. 

(2) According to the Congressional Research Service, to date, 

Congress has appropriated $700,000,000,000 from fiscal year 

2001 through fiscal year 2008 for the Department of Defense, 

the State Department, and for medical costs paid by the Department of Veterans Affairs. This amount includes 

$526,000,000,000 for Iraq and $140,000,000,000 for Afghanistan and other counterterror operations. Among other expenditures, this amount includes funding for combat operations; deploying, transporting, feeding, and housing troops; deployment 

of National Guard and Reserve troops; the equipping and 

training of Iraqi and Afghani forces; purchasing, upgrading, 

and repairing weapons, munitions and other equipment; supplemental combat pay and benefits; providing medical care to 

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troops on active duty and returning veterans; reconstruction 

and foreign aid; and payments to other countries for logistical 

assistance. 

(3) Over 90 percent of Department of Defense funds for operations in Iraq and Afghanistan have been provided as emergency funds in supplemental or additional appropriations. 

(4) The Congressional Budget Office and the Congressional 

Research Service have stated that future war costs are difficult 

to estimate because the Department of Defense has provided 

little detailed information on costs incurred to date, does not 

report outlays or actual expenditures for war because war and 

baseline funds are mixed in the same accounts, and does not 

provide information on many key factors which determine 

costs, including personnel levels or the pace of operations. 

(5) To date, the administration has not provided any longterm estimates of war costs, despite a statutory reporting requirement that the President submit a cost estimate for fiscal 

year 2006 through fiscal year 2011 that was enacted in 2004. 

(6) Operating costs in Iraq and Afghanistan have been increasing steadily since 2003, and war costs in Iraq have sharply increased from $50,000,000,000 in 2003 to approximately 

$134,000,000,000 for fiscal year 2007, to the $154,000,000,000 

request for fiscal year 2008. 

(7) The Iraq Study Group Report states that, ‘‘the United 

States has made a massive commitment to the future of Iraq 

in both blood and treasure,’’ warns that ‘‘the United States 

must expect significant ‘tail costs’ to come’’, and predicts that 

‘‘Caring for veterans and replacing lost equipment will run into 

the hundreds of billions of dollars. Estimates run as high as $2 

trillion for the final cost of the U.S. involvement in Iraq’’. 

(8) The Iraq Study Group Report also finds that ‘‘This level 

of expense is not sustainable over an extended period. . .’’. 

(9) The use of government contractors and private military 

firms has reached unprecedented levels, with over 100,000 contractors operating in Iraq. 

(10) Over 1,600,000 American troops have served in Afghanistan and Iraq since the beginning of the conflicts. 

(11) Over 4,050 United States troops and Department of Defense civilian personnel have been killed in Operation Iraqi 

Freedom, and over 490 United States troops and Department 

of Defense civilian personnel have been killed in Operation Enduring Freedom. 

(12) National Guard and Reserve troops are being deployed 

in support of these conflicts at unprecedented levels. 

(13) Many troops are serving multiple deployments, and onethird of those serving in the Iraq war have been deployed two 

or more times. 

(14) Over 1,100 service members have suffered amputations 

as a result of their service in Afghanistan and Iraq. 

(15) More than 100,000 Iraq and Afghanistan veterans have 

been treated for mental health conditions. 

(16) 52,000 Iraq and Afghanistan veterans have been diagnosed with Post-Traumatic Stress Disorder. 

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(17) Nearly 37 percent of soldiers returning from Iraq and 

Afghanistan have sought treatment at Department of Veterans 

Affairs hospitals and clinics. 

(18) Many troops have suffered multiple injuries, with veterans claiming an average of five separate conditions. 

(19) The Independent Review Group on Rehabilitative Care 

and Administrative Processes at Walter Reed Army Medical 

Center and National Naval Medical Center identified Traumatic Brain Injury, Post-Traumatic Stress Disorder, increased 

survival of severe burns, and traumatic amputations as the 

four signature wounds of the current conflicts, and found that 

the ‘‘numbers of servicemembers surviving with. . .complex injuries have challenged our modern military medical system and 

exposed weakness and breakdowns in access to care, as well as 

continuity of care management and follow-on administrative 

processes’’. 

(20) The Independent Review Group report also states that 

the recovery process ‘‘can take months or years and must accommodate recurring or delayed manifestations of symptoms, 

extended rehabilitation and all the life complications that 

emerge over time from such trauma’’. 

(b) REPORT REQUIREMENT; SCENARIOS.—Not later than 90 days 

after the date of the enactment of this Act, the President, with contributions from the Secretary of Defense, the Secretary of State, 

and the Secretary of the Department of Veterans Affairs, shall submit a report to Congress containing an estimate of the long-term 

costs of Operation Iraqi Freedom and Operation Enduring Freedom. The report shall contain estimates for the following scenarios: 

(1) The number of personnel deployed in support of Operation Iraqi Freedom and Operation Enduring Freedom is reduced from current levels to 30,000 by the beginning of fiscal 

year 2010 and remains at that level through fiscal year 2017. 

(2) The number of personnel deployed in support of Operation Iraqi Freedom and Operation Enduring Freedom is reduced from current levels to 75,000 by the beginning of fiscal 

year 2013 and remains at that level through 2017. 

(3) An alternative scenario, defined by the President and 

based on current war plans, which takes into account expected 

troop levels and the expected length of time that troops will be 

deployed in support of Operation Iraqi Freedom and Operation 

Enduring Freedom. 

(c) SPECIAL CONSIDERATIONS.—The estimates required for each 

scenario shall make projections through at least fiscal year 2068, 

shall be adjusted appropriately for inflation, and shall take into account and specify the following: 

(1) The total number of troops expected to be activated and 

deployed to Iraq and Afghanistan during the course of Operation Iraqi Freedom and Operation Enduring Freedom. This 

number shall include all troops deployed in the region in support of Operation Iraqi Freedom and Operation Enduring Freedom and activated reservists in the United States who are 

training, backfilling for deployed troops, or supporting other 

Department of Defense missions directly or indirectly related 

to Operation Iraqi Freedom and Operation Enduring Freedom. 

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This number shall also break down activations and deployments of Active Duty, Reservists, and National Guard troops. 

(2) The number of troops, including National Guard and Reserve troops, who have served and who are expected to serve 

multiple deployments. 

(3) The number of contractors and private military security 

firms that have been utilized and are expected to be utilized 

during the course of the conflicts in Iraq and Afghanistan. 

(4) The number of veterans currently suffering and expected 

to suffer from Post-Traumatic Stress Disorder, Traumatic 

Brain Injury, or other mental injuries. 

(5) The number of veterans currently in need of and expected 

to be in need of prosthetic care and treatment because of amputations incurred during Operation Iraqi Freedom and Operation Enduring Freedom. 

(6) The current number of pending Department of Veterans 

Affairs claims from Iraq and Afghanistan veterans, and the 

total number of Iraq and Afghanistan veterans expected to 

seek disability compensation benefits from the Department of 

Veterans Affairs. 

(7) The total number of troops who have been killed and 

wounded in Iraq and Afghanistan to date, including noncombat 

casualties, the total number of troops expected to suffer injuries in Iraq and Afghanistan, and the total number of troops 

expected to be killed in Iraq and Afghanistan, including noncombat casualties. 

(8) Funding already appropriated for the Department of Defense, the Department of State, and the Department of Veterans Affairs for costs related to the wars in Iraq and Afghanistan. This shall include an account of the amount of funding 

from regular Department of Defense, Department of State, and 

Department of Veterans Affairs budgets that has gone and will 

go to Iraq and Afghanistan. 

(9) Current and future operational expenditures, including 

funding for combat operations; deploying, transporting, feeding, and housing troops (including fuel costs); deployment of 

National Guard and Reserve troops; the equipping and training of Iraqi and Afghani forces; purchasing, upgrading, and repairing weapons, munitions and other equipment; and payments to other countries for logistical assistance. 

(10) Past, current, and future cost of government contractors 

and private military security firms. 

(11) Average annual cost for each troop deployed in support 

of Operation Iraqi Freedom and Operation Enduring Freedom, 

including room and board, equipment and body armor, transportation of troops and equipment (including fuel costs), and 

operational costs. 

(12) Current and future cost of combat-related special pays 

and benefits, including reenlistment bonuses. 

(13) Current and future cost of activating National Guard 

and Reserve forces and paying them on a full-time basis. 

(14) Current and future cost for reconstruction, embassy operations and construction, and foreign aid programs for Iraq 

and Afghanistan. 

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(15) Current and future cost of bases and other infrastructure to support United States troops in Iraq and Afghanistan. 

(16) Current and future cost of providing healthcare for returning veterans. This estimate shall include the cost of mental health treatment for veterans suffering from Post-Traumatic Stress Disorder and Traumatic Brain Injury, and other 

mental problems as a result of their service in Operation Iraqi 

Freedom and Operation Enduring Freedom. This estimate 

shall also include the cost of lifetime prosthetics care and 

treatment for veterans suffering from amputations as a result 

of their service in Operation Iraqi Freedom and Operation Enduring Freedom. 

(17) Current and future cost of providing Department of Veterans Affairs disability benefits for lifetime of veterans. 

(18) Current and future cost of providing survivors’ benefits 

to survivors of service members. 

(19) Cost of bringing troops and equipment home at the end 

of the wars, including cost of demobilizing troops, transporting 

troops home (including fuel costs), providing transition services 

from active duty to veteran status, transporting equipment, 

weapons, and munitions (including fuel costs), and an estimate 

of the value of equipment which will be left behind. 

(20) Cost to restore the military and military equipment, including the National Guard and National Guard equipment, to 

full strength after the wars. 

(21) Cost of the administration’s plan to permanently increase the Army and Marine Corps by 92,000 over the next six 

years. 

(22) Amount of money borrowed to pay for the wars in Iraq 

and Afghanistan, and the sources of that money. 

(23) Interest on borrowed money, including interest for 

money already borrowed and anticipated interest payments on 

future borrowing for the war in Iraq and the war in Afghanistan. 

54. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CARNEY

OF PENNSYLVANIA, OR HIS DESIGNEE, DEBATABLE FOR 5 MINUTES

Page 187, after the matter at the end of the page, add the following (and make such technical and conforming changes as may 

be appropriate): 

SEC. 583. SENSE OF THE CONGRESS REGARDING HONOR GUARD DETAILS FOR FUNERALS OF VETERANS. 

It is the sense of the Congress that the Secretaries of the military departments should, to the maximum extent practicable, provide honor guard details for the funerals of veterans as is required 

under section 1491 of title 10, United States Code, as added by section 567(b) of Public Law 105–261 (112 Stat. 2030). 

55. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ELLS- WORTH OF INDIANA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

In the appropriate place in title VIII, insert the following: 

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SEC. 8ll. REQUIREMENT FOR DEFENSE CONTRACT CLAUSE PROHIBITING CERTAIN USES OF FOREIGN SHELL COMPANIES. 

(a) CONTRACT CLAUSE REQUIREMENT.—Not later than 180 days 

after the date of the enactment of this Act, the Federal Acquisition 

Regulation shall be revised to require each contract awarded by the 

Department of Defense to contain a clause prohibiting the contractor from performing the contract using a subsidiary or subcontractor that is a foreign shell company if the foreign shell company 

will perform the work of the contract or subcontract using United 

States citizens or permanent residents of the United States. 

(b) FOREIGN SHELL COMPANY.—In this section, the term ‘‘foreign 

shell company’’ means an entity—

(1) that is incorporated outside the United States or Canada; 

and 

(2) that does not manage, direct, or exercise operational control over personnel performing work under a contract of the entity. 

(c) APPLICABILITY.—The contract clause required by this section 

shall apply to contracts in amounts greater than the simplified acquisition threshold (as defined in section 2302a of title 10, United 

States Code) entered into after the 210-day period beginning on the 

date of the enactment of this Act. 

56. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HODES OF

NEW HAMPSHIRE, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

At the end of title X, add the following new section: 

SEC. 1071. PROHIBITIONS RELATING TO PROPAGANDA. 

(a) PROHIBITION.—No part of any funds authorized to be appropriated in this or any other Act shall be used by the Department 

of Defense for propaganda purposes within the United States not 

otherwise specifically authorized by law. 

(b) REPORTS.—Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Department of Defense and the Comptroller General of the United States shall each 

conduct a study of, and submit to the Congress a report on, the extent to which the Department of Defense has violated the prohibition on propaganda established in section 8001 of Public Laws 107–

117, 107–248, 108–87, 108–287, 109–148, 109–289, and 110–116, 

the Department of Defense Appropriations Acts for fiscal years 

2002 through 2008. 

(c) DEFINITION.—For purposes of this section, the term ‘‘propaganda’’ means any form of communication in support of national 

objectives designed to influence the opinions, emotions, attitudes, 

or behavior of the people of the United States in order to benefit 

the sponsor, either directly or indirectly. 

57. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE YARMUTH

OF KENTUCKY, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle B of title XII of the bill, add the following 

new section: 

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SEC. 12xx. DECLARATION OF POLICY RELATING TO STATUS OF 

FORCES AGREEMENTS BETWEEN THE UNITED STATES 

AND IRAQ. 

(a) DECLARATION OF POLICY.—It shall be the policy of the United 

States to ensure that any agreement between the United States 

and the Republic of Iraq relating to the legal status of United 

States military personnel or the establishment of or access to military bases includes as part of the agreement measures requiring 

the provision of support by the Government of Iraq for United 

States Armed Forces stationed in Iraq. 

(b) SUPPORT DESCRIBED.—Support referred to in subsection (a) 

may include the provision of financial or other types of support to 

assist United States Armed Forces stationed in Iraq in the conduct 

of their assigned mission. 

58. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOSTER

OF ILLINOIS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title XXXI, insert the following: 

SEC. 3113. ENHANCING NUCLEAR FORENSICS CAPABILITIES. 

(a) NNSA FELLOWSHIP PROGRAM FOR GRADUATE STUDENTS IN

NUCLEAR CHEMISTRY.— (1) IN GENERAL.—The Administrator for Nuclear Security 

shall establish a fellowship program for graduate students who 

are Ph.D. candidates in the field of nuclear chemistry. 

(2) SENSE OF CONGRESS.—It is the sense of Congress that the 

fellowship program should— (A) support at least six graduate students per year; and 

(B) require each graduate student to spend at least two 

summers in a national security laboratory over the course 

of the program. 

(3) FUNDING.—Of the amounts appropriated pursuant to an 

authorization of appropriations in this Act or otherwise made 

available from amounts for weapons activities from the National Nuclear Security Administration for national technical 

nuclear forensics for fiscal year 2009, $3,000,000 shall be available to establish the fellowship program. 

(4) PLAN.—No later than February 1, 2009, the Administrator shall submit to the congressional defense committees a 

plan describing the costs of continuing the program for fiscal 

year 2010 and thereafter. 

(b) NNSA RESEARCH AND DEVELOPMENT PROGRAM ON NUCLEAR

FORENSICS RADIATION-MEASUREMENT EQUIPMENT.—

(1) IN GENERAL.—The Administrator for Nuclear Security 

shall carry out a research and development program to improve the speed and accuracy of nuclear forensics radiationmeasurement equipment. 

(2) FUNDING.—Of the amounts appropriated pursuant to an 

authorization of appropriations in this Act or otherwise made 

available from amounts for weapons activities from the National Nuclear Security Administration for national technical 

nuclear forensics for fiscal year 2009, $2,000,000 shall be available to carry out the research and development program. 

(3) PLAN.—No later than February 1, 2009, the Administrator shall submit to the congressional defense committees a 

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plan for the research and development program, including a 

description of the costs of continuing the program for fiscal 

year 2010 and thereafter. 

(c) RESEARCH AND DEVELOPMENT PLAN FOR NUCLEAR FORENSICS

AND ATTRIBUTION.— (1) RESEARCH AND DEVELOPMENT.—The Secretary of Energy 

shall prepare a research and development plan to prioritize research and development efforts in the Department of Energy, 

and at the national laboratories overseen by offices of the Department of Energy, on the technical capabilities required— (A) to enable a robust and timely nuclear forensic response to a nuclear explosion or to the interdiction of nuclear material or a nuclear weapon anywhere in the world; 

and 

(B) to develop an international database containing data 

on nuclear material, to enable the attribution of nuclear 

material or a nuclear weapon to its source. 

(2) REPORTS.— (A) The Secretary of Energy shall submit to the congressional defense committees— (i) not later than 6 months after the date of enactment of this Act, a report on the contents of the research and development plan described in paragraph 

(1), and any legislative changes required to implement 

the plan; and 

(ii) not later than 18 months after the date of enactment of this Act, a report on the implementation status of the plan. 

(B) The Secretary shall submit each report required by 

this subsection in unclassified form, but may include a 

classified annex with such report. 

(d) ADDITIONAL INFORMATION TO BE INCLUDED IN REPORT ON NUCLEAR FORENSICS CAPABILITIES.—Section 3129(b) of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 181; 122 Stat. 585) is amended— (1) in paragraph (2), by striking ‘‘and’’ at the end; 

(2) in paragraph (3), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(4) any legislative, regulatory, or treaty actions necessary to 

facilitate international cooperation in enhancement of international nuclear-material databases and the linking of those 

databases to enable prompt data access.’’. (e) REPORT ON NUCLEAR FORENSICS ADVISORY PANEL.—

(1) ESTABLISHMENT.—The Secretary of Defense, in consultation with the Secretary of Energy and the Secretary of Homeland Security, shall submit a report describing a joint recommendation for establishing an independent Nuclear 

Forensics Advisory Panel of recognized experts not directly associated with the Federal laboratories. 

(2) ROLE OF INDEPENDENT PANEL.—The function of such an 

independent panel should be to provide independent validation 

of any Federal nuclear forensics analysis. 

(3) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretaries referred to in paragraph 

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(1) shall submit a report on the structure and membership of 

the panel required by that paragraph. The report shall be submitted to— (A) the Committee on Appropriations, Committee on 

Armed Services, and Committee on Homeland Security of 

the House of Representatives; and 

(B) the Committee on Appropriations, Committee on 

Armed Services, and Committee on Homeland Security 

and Government Affairs of the Senate. 

(f) PRESIDENTIAL REPORT ON INVOLVEMENT OF SENIOR-LEVEL EX- ECUTIVE BRANCH LEADERSHIP IN CERTAIN EXERCISES THAT INCLUDE NUCLEAR FORENSICS ANALYSIS.—Not later than 90 days 

after the date of the enactment of this Act, the President shall submit a report on the involvement of senior-level executive branch 

leadership in planned nuclear terrorism preparedness exercises 

that have nuclear forensics analysis as a component of the exercise. 

The report shall be submitted to—

(1) the Committee on Appropriations, the Committee on 

Armed Services, and the Committee on Homeland Security of 

the House of Representatives; and 

(2) the Committee on Appropriations, the Committee on 

Armed Services, and the Committee on Homeland Security and 

Government Affairs of the Senate. 

Æ 

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