" ! HOUSE OF REPRESENTATIVES 110TH CONGRESS

2d Session 

HASC NO. 

10 

DUNCAN HUNTER 

NATIONAL DEFENSE AUTHORIZATION ACT 

FOR FISCAL YEAR 2009 

COMMITTEE PRINT 

OF THE

HOUSE OF REPRESENTATIVES 

COMMITTEE ON ARMED SERVICES 

JOINT EXPLANATORY STATEMENT 

TO ACCOMPANY

S. 3001 

SEPTEMBER 2008 


wwoods2 on PRODPC68 with HEARINGcongress.#13
DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 

2009 


wwoods2 on PRODPC68 with HEARING
U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

44–707 

" ! HOUSE OF REPRESENTATIVES 110TH CONGRESS

2d Session 

HASC NO. 

2008

10 

DUNCAN HUNTER 

NATIONAL DEFENSE AUTHORIZATION ACT 

FOR FISCAL YEAR 2009 

COMMITTEE PRINT 

OF THE

HOUSE OF REPRESENTATIVES 

COMMITTEE ON ARMED SERVICES 

JOINT EXPLANATORY STATEMENT 

TO ACCOMPANY

S. 3001 

SEPTEMBER 2008 


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wwoods2 on PRODPC68 with HEARING
(III)

NOTE FROM THE DIRECTOR OF LEGISLATIVE OPERATIONS

This committee print contains the legislative text of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 2009 as 

passed by the House of Representatives on September 24, 2008, the 

Senate on September 27, 2008, and enrolled for the President’s signature. In addition, it includes the Joint Explanatory Statement 

submitted in the Congressional Record on September 23, 2008, by 

Mr. Skelton, Chairman of the House Committee on Armed Services 

(for himself, Mr. Hunter, Ranking Member of the House Committee 

on Armed Services, Mr. Levin, Chairman of the Senate Committee 

on Armed Services and Mr. Warner, Acting Ranking Member of the 

Senate Committee on Armed Services). 

On May 22, 2008, the House passed H.R. 5658, the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 2009. 

On September 17, 2008, the Senate passed S. 3001, the National 

Defense Authorization Act for Fiscal Year 2009. Following precedent in previous years regarding Defense Authorization Acts, the 

Senate would have traditionally taken up H.R. 5658, struck and replaced its contents with the recently passed S. 3001, passed it 

under unanimous consent, insisted upon its amendment, motioned 

to go to conference, and appointed conferees. However, because of 

opposition in the Senate to initiate a formal conference, managers 

of the bill in the House of Representatives and the Senate, in collaboration with chairmen and ranking members, or their designees, 

of committees who would have been outside conferees had there 

been a formal conference, reconciled the differences between H.R. 

5658 and S. 3001 through an informal conference. The result of 

these negotiations comprised the House amendment to S. 3001, 

which was considered and passed under suspension of the Rules of 

the House of Representatives on September 24, 2008, by a vote of 

392–39. By unanimous consent, the Senate agreed with the House 

amendment to S. 3001 on September 27, 2008. 

The following pages are organized in the manner of a traditional 

conference report to maintain legislative history and transparency. 


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(V) 

C O N T E N T S 

Page 

JOINT EXPLANATORY STATEMENT SUBMITTED BY MR. SKELTON, 

CHAIRMAN OF THE COMMITTEE ON ARMED SERVICES, REGARDING THE AMENDMENT OF THE HOUSE OF REPRESENTATIVES TO 

S. 3001 (As printed in the Congressional Record on September 23, 2008) ..... 393 

CONGRESSIONAL DEFENSE COMMITTEES ................................................... 400 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS ................. 400 

TITLE I—PROCUREMENT .......................................................................................... 400 

Procurement Overview ...................................................................... 400 

Budget Items ..................................................................................................... 485 

Shipbuilding ....................................................................................... 485 

Items of Special Interest .................................................................................. 486 

Intelligence, surveillance, and reconnaissance task force ............... 486 

Legislative Provisions Adopted ........................................................................ 486 

Subtitle A—Authorization of Appropriations .......................................... 486 

Authorization of appropriations (secs. 101–105) ............................. 486 

Subtitle B—Army Programs ..................................................................... 487 

Separate procurement line items for Future Combat Systems 

program (sec. 111) .......................................................................... 487 

Clarification of status of Future Combat Systems program lead 

system integrator (sec. 112) ........................................................... 487 

Restriction on obligation of funds for Army tactical radio pending 

report (sec. 113) .............................................................................. 487 

Restriction on obligation of procurement funds for Armed Reconnaissance Helicopter program pending certification (sec. 114) ... 488 

Stryker Mobile Gun System (sec. 115) ............................................. 488 

Subtitle C—Navy Programs ..................................................................... 488 

Refueling and complex overhaul of the U.S.S. Theodore Roosevelt 

(sec. 121) .......................................................................................... 488 

Littoral Combat Ship (LCS) program (sec. 122) .............................. 489 

Report on F/A-18 procurement costs, comparing multiyear to annual (sec. 123) ................................................................................. 489 

Authority for advanced procurement and construction of components for the Virginia-class submarine program (sec. 124) ........ 489 

Subtitle D—Air Force Programs .............................................................. 489 

Maintenance of retired KC-135E aircraft (sec. 131) ........................ 489 

Repeal of multi-year contract authority for procurement of tanker aircraft (sec. 132) ....................................................................... 490 

Report on processes used for requirements development for KC- 

(X) tanker aircraft (sec. 133) .......................................................... 490 

F-22A fighter aircraft (sec. 134) ........................................................ 490 

Subtitle E—Joint and Multiservice Matters ........................................... 491 

Annual long-term plan for the procurement of aircraft for the 

Navy and the Air Force (sec. 141) ................................................. 491 

Report on body armor acquisition strategy (sec. 142) ..................... 491 

Small arms acquisition strategy and requirements review (sec. 

143) .................................................................................................. 491 

Requirement for common ground stations and payloads for 

manned and unmanned aerial vehicle systems (sec. 144) .......... 492 

Report on future jet carrier training requirements of the Navy 

(sec. 145) .......................................................................................... 492 

Legislative Provisions Not Adopted ................................................................ 492 

Rapid acquisition fund ....................................................................... 492 

Applicability of previous teaming agreements for Virginia-class 

submarine program ........................................................................ 493 


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VI 

TITLE I—PROCUREMENT—Continued 

Legislative Provisions Not Adopted—Continued 

Limitation on retiring C-5 aircraft ................................................... 493 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION ............................. 493 

Budget Items ..................................................................................................... 493 

Research, Development, Test and Evaluation overview ................. 493 

Network science, technology and experimentation center .............. 568 

Items of Special Interest .................................................................................. 568 

Executive helicopter program (VH-71A) ........................................... 568 

Missile defense force structure and Joint Capabilities Mix studies ..................................................................................................... 569 

Missile defense tests and targets ...................................................... 570 

Upper tier follow-on to Arrow ........................................................... 570 

Wide area airborne surveillance ....................................................... 571 

Subtitle A—Authorization of Appropriations .......................................... 572 

Authorization of appropriations (sec. 201) ....................................... 572 

Authorization for defense science and technology (sec. 202) .......... 572 

Subtitle B—Program Requirements, Restrictions, and Limitations ..... 572 

Additional determinations to be made as part of Future Combat 

Systems milestone review (sec. 211) ............................................. 572 

Analysis of Future Combat Systems communications network 

and software (sec. 212) ................................................................... 573 

Future Combat Systems manned ground vehicle selected acquisition reports (sec. 213) ..................................................................... 573 

Separate procurement and research, development, test, and evaluation line items and program elements for Sky Warrior unmanned aerial systems (sec. 214) .................................................. 573 

Restriction on obligation of funds for the Warfighter Information 

Network-Tactical program (sec. 215) ............................................ 573 

Limitation on source of funds for certain Joint Cargo Aircraft 

expenditures (sec. 216) ................................................................... 574 

Requirement for plan on overhead nonimaging infrared systems 

(sec. 217) .......................................................................................... 574 

Advanced energy storage technology and manufacturing (sec. 

218) .................................................................................................. 575 

Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions 

(sec. 219) .......................................................................................... 575 

Requirements for certain airborne intelligence collection systems 

(sec. 220) .......................................................................................... 575 

Limitation on obligation of funds for enhance AN/TPQ-36 Radar 

System pending submission of report (sec. 221) .......................... 576 

Subtitle C—Missile Defense Programs .................................................... 576 

Annual Director of Operational Test and Evaluation characterization of operational effectiveness, suitability, and survivability of the Ballistic Missile Defense System (sec. 231) ........... 576 

Independent study of boost-phase missile defense (sec. 232) ......... 576 

Limitation on availability of funds for procurement, construction, 

and deployment of missile defenses in Europe (sec. 233) ........... 576 

Review of the ballistic missile defense policy and strategy of 

the United States (sec. 234) ........................................................... 577 

Airborne Laser System (sec. 235) ..................................................... 577 

Activation and deployment of AN/TPY-2 forward-based X-band 

radar (sec. 236) ............................................................................... 578 

Subtitle D—Reports .................................................................................. 578 

Biennial reports on joint and service concept development and 

experimentation (sec. 241) ............................................................. 578 

Report on the participation of the historically black colleges and 

universities and minority serving institutions in research and 

educational programs and activities of the Department of Defense (sec. 242) ................................................................................ 578 

Report on Department of Defense response to findings and recommendations of the Defense Science Board Task Force on 

Directed Energy Weapons (sec. 243) ............................................. 579 

Subtitle E—Other Matters ....................................................................... 579 

Modification of systems subject to survivability testing oversight 

by the Director of Operational Test and Evaluation (sec. 251) .. 579 


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VII 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION—Continued 

Items of Special Interest—Continued 

Subtitle E—Other Matters—Continued 

Technology-neutral information technology guidelines and standards to support fully interoperable electronic personal health 

information for the Department of Defense and Department 

of Veterans Affairs (sec. 252) ......................................................... 579 

Assessment of Technology transition programs and repeal of reporting requirement (sec. 253) ...................................................... 580 

Trusted defense systems (sec. 254) ................................................... 581 

Capabilities-based assessment to outline a joint approach for 

future development of vertical lift aircraft and rotorcraft (sec. 

255) .................................................................................................. 581 

Executive agent for printed circuit board technology (sec. 256) ..... 581 

Review of conventional prompt global strike technology applications and concepts (sec. 257) .......................................................... 582 

Legislative Provisions Not Adopted ................................................................ 583 

Assured funding for certain information security and information 

assurance programs of the Department of Defense ..................... 583 

Study on space-based interceptor element of ballistic missile defense system .................................................................................... 583 

Visiting National Institutes of Health senior neuroscience fellowship program ................................................................................... 584 

TITLE III—OPERATION AND MAINTENANCE ............................................................ 584 

Subtitle A—Authorization of Appropriations .......................................... 620 

Operation and maintenance funding (sec. 301) ............................... 620 

Subtitle B—Environmental Provisions .................................................... 620 

Authorization for Department of Defense participation in conservation banking programs (sec. 311) ......................................... 620 

Reimbursement of Environmental Protection Agency for certain 

costs in connection with Moses Lake Wellfield Superfund Site, 

Moses Lake, Washington (sec. 312) .............................................. 620 

Expand cooperative agreement authority for management of natural resources to include off-installation mitigation (sec. 313) ... 620 

Expedited use of appropriate technology related to unexploded 

ordnance detection (sec. 314) ......................................................... 620 

Closed loop re-refining of used motor vehicle lubricating oil (sec. 

315) .................................................................................................. 621 

Comprehensive program for the eradication of the brown tree 

snake population from military facilities in Guam (sec. 316) ..... 621 

Subtitle C—Workplace and Depot Issues ................................................ 621 

Comprehensive analysis and development of single governmentwide definition of inherently governmental function and criteria for critical functions (sec. 321) ............................................. 621 

Study on future depot capability (sec. 322) ...................................... 621 

Government Accountability Office review of high-performing organizations (sec. 323) ..................................................................... 622 

Consolidation of Air Force and Air National Guard aircraft maintenance (sec. 324) ............................................................................ 622 

Report on Air Force civilian personnel consolidation plan (sec. 

325) .................................................................................................. 622 

Report on reduction in number of firefighters on Air Forces bases 

(sec. 326) .......................................................................................... 623 

Minimum capital investment for certain depots (sec. 327) ............. 623 

Subtitle D—Energy Security .................................................................... 623 

Annual report on operational energy management and implementation of operational energy strategy (sec. 331) .................... 623 

Consideration of fuel logistics support requirements in planning, 

requirements development, and acquisition processes (sec. 

332) .................................................................................................. 623 

Study on solar and wind energy for use for expeditionary forces 

(sec. 333) .......................................................................................... 624 

Study on alternative and synthetic fuels (sec. 334) ........................ 624 

Mitigation of power outage risks for Department of Defense facilities and activities (sec. 335) ...................................................... 624 

Subtitle E—Reports .................................................................................. 625 


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VIII 

TITLE III—OPERATION AND MAINTENANCE—Continued 

Subtitle E—Reports—Continued 

Comptroller General report on readiness of armed forces (sec. 

341) .................................................................................................. 625 

Report on plan to enhance combat skills of Navy and Air Force 

personnel (sec. 342) ........................................................................ 625 

Comptroller General report on the use of the Army Reserve 

and National Guard as an operational reserve (sec. 343) ........... 625 

Comptroller General report on link between preparation and use 

of Army reserve component forces to support ongoing operations (sec. 344) .............................................................................. 625 

Comptroller General report on adequacy of funding, staffing, and 

organization of Department of Defense military munitions response program (sec. 345) .............................................................. 625 

Subtitle F—Other Matters ....................................................................... 626 

Extension of enterprise transition plan reporting requirement 

(sec. 351) .......................................................................................... 626 

Demilitarization of loaned, given, or exchanged documents, historical artifacts, and condemned or obsolete combat materiel 

(sec. 352) .......................................................................................... 626 

Repeal of requirement that Secretary of Air Force provide training and support to other military departments for A-10 aircraft 

(sec. 353) .......................................................................................... 626 

Display of annual budget requirements for air sovereignty alert 

mission (sec. 354) ............................................................................ 626 

Revision of Certain Air Force regulations required (sec. 355) ....... 626 

Transfer of C-12 aircraft to California Department of Forestry 

and Fire Protection (sec. 356) ........................................................ 627 

Limitation on treatment of retired B-52 aircraft for Air Combat 

Command Headquarters (sec. 357) ............................................... 627 

Increase of domestic breeding of military working dogs used by 

the Department of Defense (sec. 358) ........................................... 627 

Legislative Provisions Not Adopted ................................................................ 627 

Time limitation on duration of public-private competitions ........... 627 

Authority to consider depot-level maintenance and repair using 

contractor furnished equipment or leased facilities as core logistics ............................................................................................... 628 

Temporary suspension of studies and public-private competitions 

regarding conversion of functions of the Department of Defense 

performed by civilian employees to contractor performance ....... 628 

Exception to alternative fuel procurement requirement ................. 628 

Study of consideration of greenhouse gas emissions ....................... 629 

Increased authority to accept financial and other incentives related to energy savings and new authority related to energy 

systems ............................................................................................ 629 

Recovery of improperly disposed of Department of Defense property ................................................................................................... 629 

Report on options for providing ship repair capabilities to support ships operating near Guam ................................................... 629 

Sense of Congress that air sovereignty alert mission should receive sufficient funding and resources .......................................... 629 

Availability of funds for Irregular Warfare Support program ........ 629 

Sense of Congress regarding procurement and use of munitions .. 630 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS ............................................... 630 

Subtitle A—Active Forces ......................................................................... 630 

End strengths for active forces (sec. 401) ......................................... 630 

Revision in permanent active duty end strength minimum levels 

(sec. 402) .......................................................................................... 631 

Subtitle B—Reserve Forces ...................................................................... 631 

End strengths for Selected Reserve (sec. 411) ................................. 631 

End strength for reserves on active duty in support of the reserves (sec. 412) .............................................................................. 632 

End strengths for military technicians (dual status) (sec. 413) ..... 632 

Fiscal year 2009 limitation on number of non-dual status technicians (sec. 414) ................................................................................ 633 

Maximum number of reserve personnel authorized to be on active duty for operational support (sec. 415) .................................. 633 


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IX 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS—Continued 

Subtitle B—Reserve Forces—Continued 

Additional waiver authority of limitation on number of reserve 

component members authorized to be on active duty (sec. 416) . 633 

Subtitle C—Authorization of appropriations .......................................... 633 

Military personnel (sec. 421) ............................................................. 633 

Legislative Provision Not Adopted .................................................................. 634 

Increased end strengths for Reserves on active duty in support 

of the Army National Guard and Army Reserve and military 

technicians (dual status) of the Army National Guard ............... 634 

TITLE V—MILITARY PERSONNEL POLICY ................................................................ 634 

Subtitle A—Officer Personnel Policy Generally ...................................... 634 

Mandatory separation requirements for regular warrant officers 

for length of service (sec. 501) ....................................................... 634 

Requirements for issuance of posthumous commissions and warrants (sec. 502) ................................................................................ 634 

Authorized number of general officers on active duty in the Army 

and Marine Corps, limited exclusion for joint duty requirements, and increase in number of officers serving in grades 

above major general and rear admiral (sec. 503) ......................... 634 

Modification of authority on Staff Judge Advocate to the Commandant of the Marine Corps (sec. 504) ...................................... 635 

Eligibility of reserve officers to serve on boards of inquiry for 

separation of regular officers for substandard performance and 

other reasons (sec. 505) .................................................................. 635 

Delayed authority to alter distribution requirements for commissioned officers on active duty in general officer and flag officer 

grades and limitations on authorized strengths of general and 

flag officers (sec. 506) ..................................................................... 636 

Subtitle B—Reserve Component Management ....................................... 636 

Extension to other reserve components of Army authority for 

deferral of a mandatory separation of military technicians 

(dual status) until age 60 (sec. 511) .............................................. 636 

Modification of authorized strengths for certain Army National 

Guard Marine Corps Reserve, and Air National Guard officers 

and Army National Guard enlisted personnel serving on fulltime reserve component duty (sec. 512) ........................................ 636 

Clarification of authority to consider for a vacancy promotion 

National Guard officers ordered to active duty in support of 

a contingency operation (sec. 513) ................................................. 637 

Increase in mandatory retirement age for certain Reserve Officers (sec. 514) .................................................................................. 637 

Age limit for retention of certain Reserve officers on active-status 

list as exception to removal for years of commissioned service 

(sec. 515) .......................................................................................... 637 

Authority to retain Reserve chaplains and officers in medical 

and related specialties until age 68 (sec. 516) ............................. 637 

Modification of authorities on dual duty status of National Guard 

officers (sec. 517) ............................................................................. 638 

Study and report regarding Marine Corps personnel policies regarding assignments in Individual Ready Reserve (sec. 518) ..... 638 

Report on collection of information on civilian skills of members 

of the reserve components of the armed forces (sec. 519) ........... 638 

Subtitle C—Joint Qualified Officers and Requirements ........................ 638 

Joint duty requirements for promotion to general of flag officer 

(sec. 521) .......................................................................................... 638 

Technical, conforming, and clerical changes to joint specialty terminology (sec. 522) ......................................................................... 638 

Promotion policy objectives for joint qualified officers (sec. 523) ... 639 

Length of joint duty assignments (sec. 524) .................................... 639 

Designation of general and flag officer positions on Joint Staff 

as positions to be held only by reserve component officers 

(sec. 525) .......................................................................................... 639 

Modification of limitations on authorized strengths of reserve 

general and flag officers in active status serving in joint duty 

assignments (sec. 526) .................................................................... 639 


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X 

TITLE V—MILITARY PERSONNEL POLICY—Continued 

Subtitle C—Joint Qualified Officers and Requirements—Continued 

Reports on joint education courses available through the Department of Defense (sec. 527) ............................................................. 640 

Subtitle D—General Service Authorities ................................................ 640 

Increase in maximum period of reenlistment of regular members 

of the armed forces (sec. 531) ........................................................ 640 

Paternity leave for members of the armed forces (sec. 532) ........... 641 

Pilot programs on career flexibility to enhance retention of members of the armed forces (sec. 533) ................................................ 641 

Subtitle E—Education and Training ....................................................... 641 

Authorized strength of military service academies and repeal 

of prohibition on phased increase in midshipmen and cadet 

strength limit at Naval Academy and Air Force Academy (sec. 

540) .................................................................................................. 641 

Promotion of foreign and cultural exchange activities at military 

service academies (sec. 541) ........................................................... 642 

Increased authority to enroll defense industry employees in defense product development program (sec. 542) ............................ 642 

Expanded authority for institutions of professional military education to award degrees (sec. 543) ................................................. 642 

Tuition for attendance of federal employees at the United States 

Air Force Institute of Technology (sec. 544) ................................. 643 

Increase in number of permanent professors at the United States 

Air Force academy (sec. 545) ......................................................... 643 

Requirement of completion of service under honorable conditions 

for purposes of entitlement to educational assistance for reserve component members supporting contingency operations 

(sec. 546) .......................................................................................... 643 

Consistent education loan repayment authority for health professionals in regular components and Selected Reserve (sec. 547) . 643 

Increase in number of units of Junior Reserve Officers’ Training 

Corps (sec. 548) ............................................................................... 644 

Correction of erroneous Army college Fund benefit amounts (sec. 

549) .................................................................................................. 644 

Enhancing education partnerships to improve accessibility and 

flexibility for members of the Armed Forces (sec. 550) ............... 644 

Subtitle F—Defense Dependents’ Education .......................................... 645 

Continuation of authority to assist local educational agencies 

that benefit dependents of members of the armed forces and 

Department of Defense civilian employees (sec. 551) .................. 645 

Impact aid for children with severe disabilities (sec. 552) ............. 645 

Transition of military dependent students among local educational agencies (sec. 553) ............................................................ 645 

Calculation of payments for eligible federally connected children 

under Department of Education’s impact aid program (sec. 

554) .................................................................................................. 645 

Subtitle G—Military Justice ..................................................................... 646 

Effective period of military protective orders (sec. 561) .................. 646 

Mandatory notification of issuance of military protective order 

to civilian law enforcement (sec. 562) ........................................... 646 

Implementation of information database on sexual assault incidents in the armed forces (sec. 563) .............................................. 646 

Subtitle H—Decorations, Awards, and Honorary Promotions ............... 646 

Replacement of military decorations (sec. 571) ............................... 646 

Authorization and request for award of Medal of Honor to Richard L. Etchberger for acts of valor during the Vietnam War 

(sec. 572) .......................................................................................... 647 

Subtitle I—Military Families ................................................................... 647 

Presentation of burial flag to the surviving spouse and children 

of deceased member of the armed forces (sec. 581) ..................... 647 

Education and training opportunities for military spouses (sec. 

582) .................................................................................................. 647 

Sense of the Congress regarding honor guard details for funerals 

of veterans (sec. 583) ...................................................................... 648 

Subtitle J—Other Matters ........................................................................ 648 


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XI 

TITLE V—MILITARY PERSONNEL POLICY—Continued 

Subtitle J—Other Matters—Continued 

Prohibition on interference in independent legal advice by the 

Legal Counsel to the Chairman of the Joint Chiefs of Staff 

(sec. 591) .......................................................................................... 648 

Interest payments on certain claims arising from correction of 

military records (sec. 592) .............................................................. 648 

Extension of limitation on reductions of personnel of agencies 

responsible for review and correction of military records (sec. 

593) .................................................................................................. 648 

Modification of matching fund requirements under National 

Guard Youth Challenge Program (sec. 594) ................................. 649 

Military salute for the flag during the national anthem by members of the armed forces not in uniform and by veterans (sec. 

595) .................................................................................................. 649 

Military Leadership Diversity Commission (sec. 596) .................... 649 

Demonstration project on service of retired nurse corps officers 

as faculty at civilian nursing schools (sec. 597) ........................... 649 

Report on planning for participation and hosting of the Department of Defense in international sports activities, competitions, 

and events (sec. 598) ...................................................................... 650 

Legislative Provisions Not Adopted ................................................................ 650 

Extension of authority to reduce minimum length of active service required for voluntary retirement as an officer ..................... 650 

Compensation for civilian President of naval Postgraduate 

School ............................................................................................... 650 

Advancement of Brigadier General Charles E. Yeager, United 

States Air Force (Retired), on the retired list .............................. 651 

Advancement of Rear Admiral Wayne E. Meyer, United States 

Navy (Retired), on the retired list ................................................. 651 

Award of Vietnam Service Medal to veterans who participated 

in Mayaguez rescue operation ....................................................... 651 

Retroactive award of Army Combat Action Badge .......................... 651 

Inclusion of Reserves in providing federal aid for State governments, enforcing federal authority, and responding to major 

public emergencies ......................................................................... 652 

Authority to order Reserve units to active duty to provide assistance in response to a major disaster or emergency ..................... 652 

Limitation on simultaneous deployment to combat zones of dualmilitary couples who have minor dependents .............................. 653 

Additional funds to carry out funeral honor functions at funerals 

for veterans ..................................................................................... 653 

Protection of child custody arrangements for parents who are 

members of the armed forces deployed in support of a contingency operation ............................................................................... 653 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS ............................. 654 

Subtitle A—Pay and Allowances .............................................................. 654 

Fiscal year 2009 increase in military basic pay (sec. 601) .............. 654 

Permanent extension of prohibition on charges for meals received 

at military treatment facilities by members receiving continuous care (sec. 602) ........................................................................ 654 

Increase in maximum authorized payment or reimbursement 

amount for temporary lodging expenses (sec. 603) ...................... 654 

Availability of second family separation allowance for married 

couples with dependents (sec. 604) ............................................... 654 

Extension of authority for income replacement payments for reserve component members experiencing extended and frequent 

mobilization for active duty service (sec. 605) .............................. 654 

Subtitle B—Bonuses and Special and Incentive Pays ............................ 655 

Extension of certain bonus and special pay authorities for reserve forces (sec. 611) ..................................................................... 655 

Extension of certain bonus and special pay authorities for health 

care professionals (sec. 612) ........................................................... 655 

Extension of special pay and bonus authorities for nuclear officers (sec. 613) .................................................................................. 655 

Extension of authorities relating to payment of other title 37 

bonuses and special pays (sec. 614) .............................................. 655 


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XII 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS—Continued 

Subtitle B—Bonuses and Special and Incentive Pays—Continued 

Extension of authorities relating to payment of referral bonuses 

(sec. 615) .......................................................................................... 656 

Increase in maximum bonus and stipend amounts authorized 

under nurse officer candidate accession program and Health 

Professions Stipend Program (sec. 616) ........................................ 656 

Maximum length of nuclear officer incentive pay agreements 

for service (sec. 617) ....................................................................... 656 

Technical changes regarding consolidation of special pay, incentive pay, and bonus authorities of the uniformed services (sec. 

618) .................................................................................................. 656 

Use of new skill incentive pay and proficiency bonus authorities 

to encourage training in critical foreign languages and foreign 

cultural studies and authorization of incentive pay for members of precommissioning programs pursuing foreign language 

proficiency (sec. 619) ...................................................................... 657 

Accession and retention bonuses for the recruitment and retention of officers in certain health professions (sec. 620) ................ 657 

Subtitle C—Travel and Transportation Allowances ............................... 658 

Special weight allowance for transportation of professional books 

and equipment for spouses (sec. 621) ........................................... 658 

Shipment of family pets during evacuation of personnel (sec. 

622) .................................................................................................. 658 

Subtitle D—Retired Pay and Survivor Benefits ..................................... 658 

Extension to survivors of certain members who die on active 

duty of special survivor indemnity allowance for persons affected by required Survivor Benefit Plan annuity offset for 

Dependency and Indemnity Compensation (sec. 631) ................. 658 

Correction of unintended reduction in survivor Benefit Plan annuities due to phased elimination of two-tier annuity computation and supplemental annuity (sec. 632) .................................... 658 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality 

Benefits and Operations ........................................................................ 659 

Use of commissary stores surcharges derived from temporary 

commissary initiatives for reserve components and retired 

members (sec. 641) ......................................................................... 659 

Enhanced enforcement of prohibition on sale or rental of sexually 

explicit material on military installations (sec. 642) ................... 659 

Subtitle F—Other Matters ....................................................................... 659 

Continuation of entitlement to bonuses and similar benefits for 

members of the uniformed services who die, are separated 

or retired for disability, or meet other criteria (sec. 651) ............ 659 

Legislative Provisions Not Adopted ................................................................ 660 

Equitable treatment of senior enlisted members in computation 

of basic allowance for housing ....................................................... 660 

Stabilization of pay and allowances for senior enlisted members 

and warrant officers appointed as officers and officers reappointed in a lower grade ............................................................ 660 

Guaranteed pay increase for members of the armed forces of 

one-half of one percentage point higher than employment cost 

index ................................................................................................ 660 

Increased weight allowance for transportation of baggage and 

household effects for certain enlisted members ........................... 660 

Travel and transportation allowances for members of the reserve 

components of the armed forces on leave for suspension of 

training ............................................................................................ 660 

Equity in computation of disability retired pay for reserve component members wounded in action ................................................. 661 

Effect of termination of subsequent marriage on payment of Survivor Benefit Plan annuity to surviving spouse or former 

spouse who previously transferred annuity to dependent children .................................................................................................. 661 

Repeal of requirement of reduction of SBP survivor annuities 

by Dependency and Indemnity Compensation ............................. 661 


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TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS—Continued 

Legislative Provisions Not Adopted—Continued 

Election to receive retired pay for non-regular service upon retirement for service in an active reserve status performed after 

attaining eligibility for regular retirement ................................... 661 

Recomputation of retired pay and adjustment of retired grade 

of Reserve retirees to reflect service after retirement ................. 662 

Presumption of death for participants in Survivor Benefit Plan 

in missing status ............................................................................ 662 

Eligibility for disability retired pay and separation pay of certain 

former cadets and midshipmen with prior enlisted service ........ 662 

Separation pay, transitional health care, and transitional commissary and exchange benefits for members of the armed 

forces separated under surviving son or daughter policy ............ 662 

Requirements for private operation of commissary store functions ................................................................................................. 663 

Additional exception to limitation on use of appropriated funds 

for Department of Defense golf courses ........................................ 663 

Use of appropriated funds to pay post allowance or overseas 

cost of living allowances to nonapropriated fund instrumentality employees serving overseas ................................................. 663 

Study regarding sale of alcoholic wine and beer in commissary 

stores in addition to exchange stores ............................................ 664 

Bonus to encourage Army personnel and other persons to refer 

persons for enlistment in the Army .............................................. 664 

Providing injured members of the armed forces information concerning benefits ............................................................................... 664 

Postal benefits program for members of the armed forces serving 

in Iraq or Afghanistan ................................................................... 664 

TITLE VII—HEALTH CARE AND WOUNDED WARRIOR PROVISIONS ........................ 665 

Subtitle A—Improvements to Health Benefits ....................................... 665 

One-year extension of prohibition on increases in certain health 

care costs for members of the uniformed services (sec. 701) ...... 665 

Temporary prohibition on increase in copayments under retail 

pharmacy system of pharmacy benefits program (sec. 702) ....... 665 

Chiropractic health care for members on active duty (sec. 703) .... 665 

Calculation of monthly premiums for coverage under TRICARE 

Reserve Select after 2008 (sec. 704) .............................................. 665 

Program for health care delivery at military installations projected to grow (sec. 705) ................................................................. 666 

Guidelines for combined medical facilities of the Department 

of Defense and the Department of Veterans Affairs (sec. 706) ... 666 

Subtitle B—Preventive Care .................................................................... 667 

Waiver of copayments for preventive services for certain 

TRICARE beneficiaries (sec. 711) ................................................. 667 

Military health risk management demonstration project (sec. 

712) .................................................................................................. 667 

Smoking cessation program under TRICARE (sec. 713) ................. 667 

Preventive health allowance (sec. 714) ............................................. 668 

Additional authority for studies and demonstration projects relating to delivery of health and medical care (sec. 715) .................. 668 

Subtitle C—Wounded Warrior Matters ................................................... 669 

Center of excellence in prevention, diagnosis, mitigation, treatment, and rehabilitation of hearing loss and auditory system 

injuries (sec. 721) ............................................................................ 669 

Clarification to center of excellence relating to military eye injuries (sec. 722) .................................................................................. 669 

Center of excellence in the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations (sec. 

723) .................................................................................................. 669 

Additional responsibilities for the Wounded Warrior Resource 

Center (sec. 724) ............................................................................. 670 

Sense of Congress on research on traumatic brain injury (sec. 

725) .................................................................................................. 670 

Extension of Senior Oversight Committee with respect to wounded warrior matters (sec. 726) ......................................................... 670 


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TITLE VII—HEALTH CARE AND WOUNDED WARRIOR PROVISIONS—Continued 

Subtitle C—Wounded Warrior Matters—Continued 

Modification of utilization of veterans’ presumption of sound condition in establishing eligibility of members of the armed forces 

for retirement for disability (sec. 727) .......................................... 671 

Subtitle D—Other Matters ....................................................................... 671 

Report on providing the Extended Care Health Option program 

to dependents of military retirees (sec. 731) ................................ 671 

Increase in cap on extended benefits under Extended Health 

Care Option (ECHO) (sec. 732) ..................................................... 671 

Department of Defense task force on the prevention of suicides 

by members of the armed forces (sec. 733) ................................... 672 

Transitional health care for certain members of the armed forces 

who agree to serve in the Selected Reserve of the Ready Reserve (sec. 734) ................................................................................ 672 

Enhancement of medical and dental readiness of members of 

the armed forces (sec. 735) ............................................................ 672 

Legislative Provisions Not Adopted ................................................................ 673 

Prohibition on conversion of military medical and dental positions to civilian medical and dental positions .............................. 673 

Reserve component behavioral health care provider locator and 

appointment assistance demonstration project ............................ 674 

Travel for anesthesia services for childbirth for dependents of 

members assigned to very remote locations outside the continental United States ...................................................................... 674 

National Casualty Care Research Center ........................................ 674 

Review of policies and processes related to the delivery of mail 

to wounded members of the armed forces .................................... 674 

Post-deployment mental health screening demonstration project . 675 

Report on stipend for members of reserve components for health 

care for certain dependents ........................................................... 675 

Report on implementation of recommendations contained in report on health effects of exposure to depleted uranium .............. 675 

Implementation of recommendations of Department of Defense 

Mental health Task Force .............................................................. 675 

Inclusion of service members in inpatient status in wounded 

warrior policies and protections .................................................... 675 

Clarification of certain information sharing between the Department of Defense and Department of Veterans Affairs for 

wounded warrior purposes ............................................................. 676 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED

MATTERS ................................................................................................................ 676 

Subtitle A—Acquisition Policy and Management ................................... 676 

Assessment of urgent operational needs fulfillment (sec. 801) ...... 676 

Implementation of statutory requirements regarding the national 

technology and industrial base (sec. 802) ..................................... 676 

Commercial software reuse preference (sec. 803) ............................ 676 

Internal controls for procurements on behalf of the Department 

of Defense by certain non-defense agencies (sec. 804) ................. 677 

Subtitle B—Provisions Relating to Major Defense Acquisition Programs ...................................................................................................... 677 

Inclusion of major subprograms to major defense acquisition programs under acquisition reporting requirements (sec. 811) ....... 677 

Inclusion of certain major information technology investments 

in acquisition oversight authorities for major automated information system programs (sec. 812) ............................................... 677 

Transfer of sections of title 10 relating to milestone A and milestone B for clarity (sec. 813) .......................................................... 677 

Configuration Steering Boards for cost control under major defense acquisition programs (sec. 814) ........................................... 678 

Preservation of tooling for major defense acquisition programs 

(sec. 815) .......................................................................................... 678 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and Limitations .......................................................................... 678 

Definition of system for defense acquisition challenge program 

(sec. 821) .......................................................................................... 678 

Technical data rights (sec. 822) ........................................................ 678 


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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED

MATTERS—Continued 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and Limitations—Continued 

Revision to the application of cost accounting standards (sec. 

823) .................................................................................................. 678 

Modification and extension of pilot program for transition to 

follow-on contracts under authority to carry out certain prototype projects (sec. 824) ................................................................... 679 

Clarification of status of Government rights in designs of Department of Defense vessels, boats, craft, and components thereof 

(sec. 825) .......................................................................................... 679 

Subtitle D—Provisions Relating to Acquisition Workforce and Inherently Governmental Functions ............................................................. 679 

Development of guidance on personal services contracts (sec. 

831) .................................................................................................. 679 

Sense of Congress on the performance by private security contractors of certain functions in an area of combat operations 

(sec. 832) .......................................................................................... 679 

Acquisition workforce expedited hiring authority (sec. 833) .......... 680 

Career path and other requirements for military personnel in 

the acquisition field (sec. 834) ....................................................... 680 

Subtitle E—Department of Defense Contractor Matters ....................... 680 

Ethics safeguards related to conflicts of interest (sec. 841) ............ 680 

Information for Department of Defense contractor employees on 

their whistleblower rights (sec. 842) ............................................. 681 

Requirement for Department of Defense to adopt an acquisition 

strategy for Defense Base Act insurance (sec. 843) ..................... 681 

Report on use of off-shore subsidiaries by defense contractors 

(sec. 844) .......................................................................................... 681 

Defense industrial security (sec. 845) ............................................... 682 

Subtitle F—Matters Relating to Iraq and Afghanistan ......................... 682 

Clarification and modification of authorities relating to the Commission on Wartime Contracting in Iraq and Afghanistan (sec. 

851) .................................................................................................. 682 

Comprehensive audit of spare parts purchases and depot overhaul and maintenance of equipment for operations in Iraq 

and Afghanistan (sec. 852) ............................................................. 682 

Additional matters required to be reported by contractors performing security functions in areas of combat operations (sec. 

853) .................................................................................................. 682 

Additional contractor requirements and responsibilities personnel in Iraq and Afghanistan (sec. 854) .................................... 683 

Suspension of statutes of limitations when Congress authorizes 

the use of military force (sec. 855) ................................................ 683 

Subtitle G—Governmentwide Acquisition Improvements ..................... 683 

Short title (sec. 861) ........................................................................... 683 

Limitation on length of certain noncompetitive contracts (sec. 

862) .................................................................................................. 683 

Requirements for purchase of property and services pursuant 

to multiple award contracts (sec. 863) .......................................... 683 

Regulations on the use of cost-reimbursement contracts (sec. 

864) .................................................................................................. 684 

Preventing the abuse of interagency contracts (sec. 865) ............... 684 

Limitations on tiering of subcontractors (sec. 866) ......................... 684 

Linking of award and incentive fees to acquisition outcomes (sec. 

867) .................................................................................................. 684 

Minimizing abuse of commercial services item authority (sec. 

868) .................................................................................................. 684 

Acquisition workforce development strategic plan (sec. 869) ......... 685 

Contingency contracting corps (sec. 870) ......................................... 685 

Access of Government Accountability Office to contractor employees (sec. 871) ................................................................................... 685 

Database for federal agency contract and grant officers and suspension and debarment officials (sec. 872) ................................... 685 

Role of interagency committee on debarment and suspension 

(sec. 873) .......................................................................................... 686 


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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED

MATTERS—Continued 

Subtitle G—Governmentwide Acquisition Improvements—Continued 

Improvements to the Federal Procurement Data System (sec. 

874) .................................................................................................. 686 

Subtitle H—Other Matters ....................................................................... 686 

Expansion of authority to retain fees from licensing of intellectual property (sec. 881) .................................................................. 686 

Report on market research (sec. 882) ............................................... 686 

Report relating to munitions (sec. 883) ............................................ 686 

Motor carrier fuel surcharges (sec. 884) ........................................... 687 

Procurement by State and local governments of equipment for 

homeland security and emergency response activities through 

the Department of Defense (sec. 885) ........................................... 687 

Review of impact of covered subsidies on acquisition of KC-45 

aircraft (sec. 886) ............................................................................ 687 

Report on the implementation of earned value management at 

the Department of Defense (sec. 887) ........................................... 687 

Legislative Provisions Not Adopted ................................................................ 688 

Authorization of appropriations ........................................................ 688 

Authorization of independent agencies ............................................ 688 

Comprehensive proposal analysis required during source selection ................................................................................................... 688 

Disclosure of CEO salaries ................................................................ 688 

Limitation on performance of product support integrator functions ................................................................................................. 688 

Mandatory fraud reporting ................................................................ 688 

Minimizing sole-source contracts ...................................................... 689 

Multiyear procurement authority for the Department of Defense 

for the purchase of alternative and synthetic fuels ..................... 689 

Prohibition on procurement from beneficiaries of foreign subsidies ................................................................................................ 689 

Prohibitions on the use of lead systems integrators ....................... 689 

Protection of contractor employees from reprisal for disclosure 

of certain information ..................................................................... 689 

Repeal of requirements relating to the military system essential 

item breakout list ........................................................................... 689 

Requirement to buy military decorations, ribbons, badges, medals, insignia, and other uniform accoutrements produced in 

the United States ............................................................................ 690 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT ........... 690 

Subtitle A—Department of Defense Management ................................. 690 

Plan required for personnel management of special operations 

forces (sec. 901) ............................................................................... 690 

Director of Operational Energy Plans and Programs (sec. 902) .... 690 

Corrosion control and prevention executives for the military departments (sec. 903) ....................................................................... 691 

Participation of Deputy Chief Management Officer of the Department of Defense on Defense Business System Management 

Committee (sec. 904) ...................................................................... 691 

Modification of status of Assistant to the Secretary of Defense 

for Nuclear and Chemical and Biological Defense Programs 

(sec. 905) .......................................................................................... 691 

Requirement for the Secretary of Defense to prepare a strategic 

plan to enhance the role of the National Guard and Reserves 

(sec. 906) .......................................................................................... 691 

General Counsel to the Inspector General of the Department 

of Defense (sec. 907) ....................................................................... 691 

Business transportation initiatives for the military departments 

(sec. 908) .......................................................................................... 692 

Subtitle B—Space Activities ..................................................................... 692 

Extension of authority for pilot program for provision of space 

surveillance network services to entities outside United States 

Government (sec. 911) .................................................................... 692 

Investment and acquisition strategy for commercial satellite capabilities (sec. 912) ......................................................................... 692 

Space posture review (sec. 913) ........................................................ 692 


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TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT—Continued 

Subtitle C—Chemical Demilitarization Program ................................... 693 

Responsibilities for Chemical Demilitarization Citizens’ Advisory 

Commissions in Colorado and Kentucky (sec. 921) ..................... 693 

Cost-benefit analysis of future treatment of hydrolysate at Pueblo Chemical Depot, Colorado (sec. 922) ......................................... 693 

Subtitle D—Intelligence-Related Matters ............................................... 693 

Technical changes following the re-designation of National Imagery and Mapping Agency as National Geospatial-Intelligence 

Agency (sec. 931) ............................................................................ 693 

Technical amendments to title 10, United States Code, arising 

from enactment of the Intelligence Reform and Terrorism Prevention Act of 2004 (sec. 932) ........................................................ 693 

Technical amendments relating to the Associate Director of the 

CIA for Military Affairs (sec. 933) ................................................. 694 

Subtitle E—Other Matters ....................................................................... 694 

Enhancement of authorities relating to Department of Defense 

regional centers for security studies (sec. 941) ............................ 694 

Restriction on obligation of funds for United States Southern 

Command development assistance activities (sec. 942) .............. 694 

Authorization of non-conventional assisted recovery capabilities 

(sec. 943) .......................................................................................... 694 

Report on homeland defense and civil support issues (sec. 944) .... 695 

Report on National Guard resource requirements (sec. 945) ......... 695 

Legislative Provisions Not Adopted ................................................................ 696 

Revisions in functions and activities of Special Operations Command ................................................................................................ 696 

Requirement to designate officials for irregular warfare ................ 696 

Redesignation of the Department of the Navy as the Department 

of the Navy and Marine Corps ...................................................... 696 

Support to committee to review ........................................................ 696 

Requirement for certain officers of the armed forces on active 

duty in certain intelligence positions ............................................ 697 

Transfer of management of Intelligence Systems Support Office .. 697 

Program on advanced sensor applications ....................................... 697 

Findings and sense of Congress regarding the Western Hemisphere Institute for Security Cooperation .................................... 697 

TITLE X—GENERAL PROVISIONS .............................................................................. 698 

Subtitle A—Financial Matters ................................................................. 698 

General Transfer authority (sec. 1001) ............................................ 698 

One-time shift of military retirement payments (sec. 1002) .......... 698 

Management of purchase cards (sec. 1003) ...................................... 698 

Codification of recurring authority on United States contributions to the North Atlantic Treaty Organization common-funded budgets (sec. 1004) .................................................................... 698 

Incorporation of funding decisions into law (sec. 1005) .................. 699 

Subtitle B—Policy Relating to Vessels and Shipyards ........................... 699 

Conveyance, Navy drydock, Aransas Pass, Texas (sec. 1011) ........ 699 

Report on repair of naval vessels in foreign shipyards (sec. 1012) 699 

Report on plan for disposal of certain vessels stricken from the 

Naval Vessel Register (sec. 1013) .................................................. 700 

Reimbursement of expenses for certain Navy mess operations 

(sec. 1014) ........................................................................................ 700 

Policy relating to major combatant vessels of the strike forces 

of the United States Navy (sec. 1015) ........................................... 700 

Subtitle C—Counter-Drug Activities ....................................................... 700 

Extension of reporting requirement regarding Department of Defense expenditures to support foreign counter-drug activities 

(sec. 1021) ........................................................................................ 700 

Extension of authority for joint task forces to provide support 

to law enforcement agencies conducting counter-terrorism activities (sec. 1022 ............................................................................ 701 

Extension of authority to support unified counter-drug and 

counter-terrorism campaign in Colombia and continuation of 

numerical limitation on assignment of United States personnel 

(sec. 1023) ........................................................................................ 701 


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TITLE X—GENERAL PROVISIONS—Continued 

Subtitle C—Counter-Drug Activities—Continued 

Expansion and extension of authority to provide additional support for counter-drug activities of certain foreign governments 

(sec. 1024) ........................................................................................ 701 

Comprehensive Department of Defense strategy for counter-narcotics efforts for United States Africa Command (sec. 1025) ...... 702 

Comprehensive Department of Defense strategy for counter-narcotics efforts in South and Central Asian regions (sec. 1026) .... 702 

Subtitle D—Miscellaneous Authorities and Limitations ........................ 702 

Enhancement of the capacity of the United States Government 

to conduct complex operations (sec. 1031) .................................... 702 

Crediting of admiralty claim receipts for damage to property 

funded from a Department of defense working capital fund 

(sec. 1032) ........................................................................................ 702 

Minimum annual purchase requirement for charter air transportation services from carriers participating in the Civil Reserve 

Air Fleet (sec. 1033) ....................................................................... 703 

Semi-annual reports on status of Navy next Generation Enterprise Networks (NGEN) program (sec. 1034) ............................... 703 

Sense of Congress on nuclear weapons management (sec. 1035) .. 703 

Sense of Congress on joint Department of Defense-Federal Aviation Administration executive committee on conflict and dispute resolution (sec. 1036) ............................................................. 704 

Sense of Congress on sale of new outsize cargo, strategic airlift 

aircraft for civilian use (sec. 1037) ................................................ 704 

Subtitle E—Studies and Reports ............................................................. 704 

Report on corrosion control and prevention (sec. 1041) .................. 704 

Study on using Modular Airborne Fire Fighting Systems 

(MAFFS) in a Federal response to wildfires (sec. 1042) .............. 705 

Study on rotorcraft survivability (sec. 1043) .................................... 705 

Report on nuclear weapons (sec. 1044) ............................................ 705 

Report on compliance by Department of Defense with Guam 

tax and licensing laws (sec. 1045) ................................................. 706 

Report on detention operations in Iraq (sec. 1046) ......................... 706 

Review of bandwidth capacity requirements of the Department 

of Defense and the intelligence community (sec. 1047) ............... 706 

Review of findings and recommendations applicable to the Department of Defense regarding electromagnetic pulse attack 

(sec. 1048) ........................................................................................ 707 

Subtitle F—Other Matters ....................................................................... 707 

Additional information under annual submissions of information 

regarding information technology capital assets (sec. 1051) ....... 707 

Submission to Congress of revision to regulation on enemy prisoners of war, retained personnel, civilian internees, and other 

detainees (sec. 1052) ....................................................................... 707 

Barnegat Inlet to Little Egg Inlet, New Jersey (sec. 1053) ............ 708 

Standing advisory panel on improving coordination among the 

Department of Defense, the Department of State, and the 

United States Agency for International Development on matters of national security (sec. 1054) .............................................. 708 

Reports on strategic communication and public diplomacy activities of the Federal Government (sec. 1055) .................................. 708 

Prohibitions relating to propaganda (sec. 1056) .............................. 709 

Sense of Congress on interrogation of detainees by contractor 

personnel (sec. 1057) ...................................................................... 709 

Sense of Congress with respect to videotaping or otherwise electronically recording strategic intelligence interrogations of persons in the custody of or under the effective control of the 

Department of Defense (sec. 1058) ................................................ 709 

Modification of deadlines for standards required for entry to 

military installations in the United States (sec. 1059) ............... 709 

Extension of certain dates for Congressional Commission on the 

Strategic Posture of the United States (sec. 1060) ...................... 710 

Technical and clarifying amendments (sec. 1061) ........................... 710 

Notification of Committees on Armed Services with respect to 

certain non-proliferation and proliferation activities (sec. 1062) 710 


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TITLE X—GENERAL PROVISIONS—Continued 

Subtitle F—Other Matters—Continued 

Assessment of security measures at consolidated center for North 

American Aerospace Defense Command and United States 

Northern Command (sec. 1073) ..................................................... 710 

Legislative Provisions Not Adopted ................................................................ 711 

Strategic Communication Management Board ................................ 711 

Studies to analyze alternative models for acquisition and funding 

of interconnected cyberspace systems ........................................... 711 

Study on national defense implications of section 1083 ................. 711 

Study on methods to verifiably reduce the likelihood of accidental 

nuclear launch ................................................................................ 711 

Sense of Congress honoring the Honorable Duncan Hunter .......... 712 

Sense of Congress in honor of the Honorable Jim Saxton, a 

Member of the House of Representatives ..................................... 712 

Sense of Congress honoring the Honorable Terry Everett, a 

Member of the House of Representatives ..................................... 712 

Sense of Congress honoring the Honorable Jo Ann Davis, a Member of the House of Representatives ............................................. 712 

Authorization of appropriations for payments to Portuguese nationals employed by the Department of Defense ......................... 712 

State defense force improvement ...................................................... 712 

Sense of Congress regarding the roles and missions of the Department of Defense and other national security institutions .... 713 

Sense of Congress relating to 2008 supplemental appropriations . 713 

Sense of Congress regarding defense requirements of the United 

States ............................................................................................... 713 

Non-applicability of the Federal Advisory Committee Act to the 

Congressional Commission on the Strategic Posture of the 

United States .................................................................................. 713 

Study and report on the use of power management software ........ 713 

Public disclosure of names of students and instructors at Western Hemisphere Institute for Security Cooperation .................... 714 

TITLE XI—CIVILIAN PERSONNEL MATTERS ............................................................. 714 

Authority to waive annual limitation on premium pay and aggregate limitation on pay for federal civilian employees working 

overseas (sec. 1101) ........................................................................ 714 

Temporary discretionary authority to grant allowances, benefits, 

and gratuities to personnel on official duty in a combat zone 

(sec. 1102) ........................................................................................ 714 

Election of insurance coverage by federal civilian employees deployed in support of a contingency operation (sec. 1103) ............ 715 

Extension of authority to make lump-sum severance payments 

(sec. 1104) ........................................................................................ 715 

Extension of voluntary reduction-in-force authority of Department of Defense (sec. 1105) ........................................................... 715 

Enhancement of authorities relating to additional positions 

under the National Security Personnel System (sec. 1106) ........ 715 

Expedited hiring authority for health care professionals (sec. 

1107) ................................................................................................ 716 

Direct hire authority at personnel demonstration laboratories 

for certain candidates (sec. 1108) .................................................. 716 

Status reports relating to laboratory personnel demonstration 

projects (sec. 1109) .......................................................................... 716 

Technical amendment relating to definition of professional accounting position for purposes of certification and credentialing 

standards (sec. 1110) ...................................................................... 717 

Exceptions and adjustments to limitations on personnel and reports on such exceptions and adjustments (sec. 1111) ................ 717 

Legislative Provisions Not Adopted ................................................................ 717 

Department of Defense strategic human capital plans ................... 717 

Conditional increase in authorized number of Defense Intelligence Senior Executive Service personnel ................................. 717 

Requirement relating to furloughs during the time of a contingency operation ............................................................................... 717 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS ......................................... 718 

Subtitle A—Assistance and Training ...................................................... 718 


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TITLE XII—MATTERS RELATING TO FOREIGN NATIONS—Continued 

Subtitle A—Assistance and Training—Continued 

Extension of authority to build the capacity of the Pakistan 

Frontier Corps (sec. 1201) .............................................................. 718 

Availability across fiscal years of funds for military-to-military 

contacts and comparable activities (sec. 1202) ............................. 718 

Availability across fiscal years of funds to pay incremental expenses for participation of developing counties in combined 

exercises (sec. 1203) ........................................................................ 718 

Extension of temporary authority to use acquisition and crossservicing agreements to lend military equipment for personnel 

protection and survivability (sec. 1204) ........................................ 718 

Authority for distribution to certain foreign personnel of education and training materials and information technology tot 

enhance military interoperability with the armed forces (sec. 

1205) ................................................................................................ 719 

Modification and extension of authorities relating to program 

to build the capacity of foreign military forces (sec. 1206) .......... 719 

Extension of authority and increased funding for security and 

stabilization assistance (sec. 1207) ............................................... 720 

Extension and expansion of authority for support of special operations to combat terrorism (sec. 1208) .......................................... 721 

Increase in amount available for costs of education and training 

of foreign military forces under Regional Defense Combating 

Terrorism Fellowship Program (sec. 1209) ................................... 721 

Subtitle B—Matters Relating to Iraq and Afghanistan ......................... 721 

Limitation on availability of funds for certain purposes relating 

to Iraq (sec. 1211) ........................................................................... 721 

Report on status of forces agreements between the United States 

and Iraq (sec. 1212) ........................................................................ 721 

Strategy for United States-led Provincial Reconstruction Teams 

in Iraq (sec. 1213) ........................................................................... 722 

Commanders’ Emergency Response Program (sec. 1214) ............... 722 

Performance monitoring system for United States-led Provincial 

Reconstruction Teams in Afghanistan (sec. 1215) ....................... 723 

Report on command and control structure for military forces 

operating in Afghanistan (sec. 1216) ............................................ 723 

Reports on enhancing security and stability in the region along 

the border of Afghanistan and Pakistan (sec. 1217) .................... 723 

Study and report on Police Transition Teams to train, assist, 

and advise units of the Iraqi Police Service (sec. 1218) .............. 724 

Subtitle C—Other Matters ....................................................................... 724 

Payment of personnel expenses for multilateral cooperation programs (sec. 1231) ............................................................................ 724 

Participation of the Department of Defense in multinational military centers of excellence (sec. 1232) ............................................ 725 

Review of security risks of participation by defense contractors 

in certain space activities of the People’s Republic of China 

(sec. 1233) ........................................................................................ 725 

Report on Iran’s capability to produce nuclear weapons (sec. 

1234) ................................................................................................ 726 

Employment for resettled Iraqis (sec. 1235) .................................... 726 

Extension and modification of updates on report on claims relating to the bombing of the Labelle Discotheque (sec. 1236) ......... 726 

Report on utilization of certain global partnership authorities 

(sec. 1237) ........................................................................................ 727 

Modification and repeal of requirement to submit certain annual 

reports to Congress regarding allied contributions to the common defense (sec. 1238) .................................................................. 727 

Legislative Provisions Not Adopted ................................................................ 727 

Declaration of policy relating to status of forces agreements between the United States and Iraq ................................................. 727 

Limitation on certain status of forces agreements between the 

United States and Iraq .................................................................. 728 

Report on long-term costs of Operation Iraqi Freedom and Operation Enduring Freedom ................................................................ 728 

Waiver of certain sanctions against North Korea ........................... 728 


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TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER

SOVIET UNION ....................................................................................................... 729 

Specification of Cooperative Threat Reduction programs and 

funds (sec. 1301) ............................................................................. 729 

Funding allocations (sec. 1302) ......................................................... 729 

TITLE XIV—OTHER AUTHORIZATIONS ..................................................................... 729 

Subtitle A—Military Programs ................................................................ 734 

Working capital funds (sec. 1401) ..................................................... 734 

National Defense Sealift Fund (sec. 1402) ....................................... 734 

Defense Health Program (sec. 1403) ................................................ 734 

Chemical agents and munitions destruction, Defense (sec. 1404) . 734 

Drug Interdiction and Counterdrug Activities, Defense-wide (sec. 

1405) ................................................................................................ 734 

Defense Inspector General (sec. 1406) .............................................. 734 

National Defense Sealift Fund amendments (sec. 1407) ................ 734 

Subtitle B—National Defense Stockpile .................................................. 735 

Authorized uses of National Defense Stockpile funds (sec. 1411) .. 735 

Revisions to previously authorized disposals from the National 

Defense Stockpile (sec. 1412) ......................................................... 735 

Subtitle C—Armed Forces Retirement Home ......................................... 735 

Authorization of appropriations for Armed Forces Retirement 

Home (sec. 1421) ............................................................................. 735 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION

IRAQI FREEDOM AND OPERATION ENDURING FREEDOM ...................................... 736 

Legislative Provisions Adopted ........................................................................ 736 

Authorization of additional appropriations for operations in Afghanistan and Iraq for fiscal year 2009 (sec. 1501) ..................... 736 

Requirement for separate display of budgets for Afghanistan and 

Iraq (sec. 1502) ............................................................................... 736 

Joint improvised explosive device defeat fund (sec. 1503) .............. 736 

Science & technology investment strategy to defeat or counter 

improvised explosive devices (sec. 1504) ....................................... 737 

Limitation on Iraq Security Forces Fund (sec. 1505) ...................... 738 

Limitations on Afghanistan Security Forces Fund (sec. 1506) ....... 738 

Special transfer authority (sec. 1507) ............................................... 738 

Prohibition on use of United States funds for certain facilities 

projects in Iraq and contributions by Iraq to combined operations and other activities in Iraq (sec. 1508) .............................. 738 

Legislative Provisions Not Adopted ................................................................ 739 

Limitation on use of funds ................................................................ 739 

Treatment as additional authorizations ........................................... 739 

Limitation on use of funds ................................................................ 739 

TITLE XVI—RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT ....... 739 

Legislative Provisions Adopted ........................................................................ 739 

Short title (sec. 1601) ......................................................................... 739 

Findings (sec. 1602) ........................................................................... 740 

Definitions (sec. 1603) ........................................................................ 740 

Authority to provide assistance for reconstruction and stabilization crises (sec. 1604) ..................................................................... 740 

Reconstruction and stabilization (sec. 1605) .................................... 740 

Authorities related to personnel (sec. 1606) .................................... 741 

Reconstruction and Stabilization Strategy (sec. 1607) .................... 741 

Annual reports to Congress (sec. 1608) ............................................ 741 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS ................... 741 

Legislative Provisions Adopted ........................................................................ 760 

Short title (sec. 2001) ......................................................................... 760 

Expiration of authorizations and amounts required to be specified by law (sec. 2002) .................................................................... 760 

Effective date (sec. 2003) ................................................................... 760 

TITLE XXI—ARMY .................................................................................................... 760 

Legislative Provisions Adopted ........................................................................ 760 

Authorized Army construction and land acquisition projects (sec. 

2101) ................................................................................................ 760 

Family housing (sec. 2102) ................................................................ 760 

Improvements to military family housing units (sec. 2103) ........... 761 

Authorization of appropriations, Army (sec. 2104) .......................... 761 


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XXII 

TITLE XXI—ARMY—Continued 

Legislative Provisions Adopted—Continued 

Modification of authority to carry out certain fiscal year 2008 

projects (sec. 2105) .......................................................................... 761 

Modification of authority to carry out certain fiscal year 2007 

projects (sec. 2106) .......................................................................... 761 

Extension of authorizations of certain fiscal year 2006 projects 

(sec. 2107) ........................................................................................ 761 

Extension of authorizations of certain fiscal year 2005 project 

(sec. 2108) ........................................................................................ 761 

TITLE XXII—NAVY ................................................................................................... 762 

Legislative Provisions Adopted ........................................................................ 762 

Authorized Navy construction and land acquisition projects (sec. 

2201) ................................................................................................ 762 

Family housing (sec. 2202) ................................................................ 762 

Improvements to military family housing units (sec. 2203) ........... 762 

Authorization of appropriations, Navy (sec. 2204) .......................... 762 

Modification of authority to carry out certain fiscal year 2005 

project (sec. 2205) ........................................................................... 762 

Modification of authority to carry out certain fiscal year 2007 

projects (sec. 2206) .......................................................................... 763 

Legislative Provisions Not Adopted ................................................................ 763 

Report on impacts of surface ship homeporting alternatives ......... 763 

TITLE XXIII—AIR FORCE ......................................................................................... 763 

Legislative Provisions Adopted ........................................................................ 763 

Authorized Air Force construction and land acquisition projects 

(sec. 2301) ........................................................................................ 763 

Family housing (sec. 2302) ................................................................ 763 

Improvements to military family housing units (sec. 2303) ........... 763 

Authorization of appropriations, Air Force (sec. 2304) ................... 764 

Extension of authorizations of certain fiscal year 2006 projects 

(sec. 2305) ........................................................................................ 764 

Extension of authorizations of certain fiscal year 2005 projects 

(sec. 2306) ........................................................................................ 764 

TITLE XXIV—DEFENSE AGENCIES .......................................................................... 764 

Subtitle A—Defense Agency Authorizations ........................................... 764 

Authorized defense agencies construction and land acquisition 

projects (sec. 2401) .......................................................................... 764 

Energy conservation projects (sec. 2402) .......................................... 764 

Authorization of appropriations, defense agencies (sec. 2403) ....... 765 

Modification of authority to carry out certain fiscal year 2007 

projects (sec. 2404) .......................................................................... 765 

Modification of authority to carry out certain fiscal year 2005 

projects (sec. 2405) .......................................................................... 765 

Extension of authorization of certain fiscal year 2006 project 

(sec. 2406) ........................................................................................ 765 

Subtitle B—Chemical Demilitarization Authorizations ......................... 765 

Authorized chemical demilitarization program construction and 

land acquisition projects (sec. 2411) ............................................. 765 

Authorization of appropriations, chemical demilitarization construction, defense-wide (sec. 2412) ................................................ 766 

Modification of authority to carry out certain fiscal year 1997 

project (sec. 2413) ........................................................................... 766 

Modification of authority to carry out certain fiscal year 2000 

project (sec. 2414) ........................................................................... 766 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT

PROGRAM ............................................................................................................... 766 

Legislative Provisions Adopted ........................................................................ 766 

Authorized NATO construction and land acquisition projects (sec. 

2501) ................................................................................................ 766 

Authorization of appropriations, NATO (sec. 2502) ........................ 766 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES ....................................... 767 

Legislative Provisions Adopted ........................................................................ 767 

Authorized Army National Guard construction and land acquisition projects (sec. 2601) .................................................................. 767 

Authorized Army Reserve construction and land acquisition 

projects (sec. 2602) .......................................................................... 767 


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XXIII 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES—Continued 

Legislative Provisions Adopted—Continued 

Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects (sec. 2603) .............................. 767 

Authorized Air National Guard construction and land acquisition 

projects (sec. 2604) .......................................................................... 767 

Authorized Air Force Reserve construction and land acquisition 

projects (sec. 2605) .......................................................................... 768 

Authorization of appropriations, National Guard and Reserve 

(sec. 2606) ........................................................................................ 768 

Modification of authority to carry out certain fiscal year 2008 

project (sec. 2607) ........................................................................... 768 

Extension of authorizations of certain fiscal year 2006 projects 

(sec. 2608) ........................................................................................ 768 

Extension of authorization of certain fiscal year 2005 project 

(sec. 2609) ........................................................................................ 768 

TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES ............................. 768 

Subtitle A—Authorizations ....................................................................... 777 

Authorization of appropriations for base closure and realignment 

activities funded through Department of Defense base closure 

account 1990 (sec. 2701) ................................................................. 777 

Authorized base closure and realignment activities funded 

through Department of Defense base closure account 2005 (sec. 

2702) ................................................................................................ 777 

Authorization of appropriations for base closure and realignment 

activities funded through Department of Defense base closure 

account 2005 (sec. 2703) ................................................................. 777 

Subtitle B—Amendments to Base Closure and Related Laws .............. 777 

Modification of annual base closure and realignment reporting 

requirements (sec. 2711) ................................................................ 777 

Technical corrections regarding authorized cost and scope of 

work variations for military construction and military family 

housing projects related to base closures and realignments 

(sec. 2712) ........................................................................................ 778 

Subtitle C—Other Matters ....................................................................... 778 

Independent design review of National Naval Medical Center 

and military hospital at Fort Belvoir (sec. 2721) ......................... 778 

Report on use of BRAC properties as sites for refineries or nuclear power plants (sec. 2722) ....................................................... 778 

Legislative Provision Not Adopted .................................................................. 778 

Repeal of commission approach for development of recommendations in any future round of base closures and realignments ..... 778 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS ......................... 779 

Subtitle A—Military Construction Program and Military Family 

Housing Changes ................................................................................... 779 

Incorporation of principles of sustainable design in documents 

submitted as part of proposed military construction projects 

(sec. 2801) ........................................................................................ 779 

Revision of maximum lease amount applicable to certain domestic Army family housing leases to reflect previously made annual adjustments in amount (sec. 2802) ....................................... 779 

Use of military family housing constructed under build and lease 

authority to house members without dependents (sec. 2803) ..... 779 

Leasing of military family housing to Secretary of Defense (sec. 

2804) ................................................................................................ 779 

Improved oversight and accountability for military housing privatization initiative projects (sec. 2805) ....................................... 779 

Authority to use operation and maintenance funds for construction projects inside the United States Central Command and 

United States Africa Command areas of responsibility (sec. 

2806) ................................................................................................ 780 

Cost-benefit analysis of dissolution of Patrick Family Housing 

LLC (sec. 2807) ............................................................................... 780 

Subtitle B—Real Property and Facilities Administration ..................... 781 

Clarification of congressional reporting requirements for certain 

real property transactions (sec. 2811) ........................................... 781 


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XXIV 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS—Continued 

Subtitle B—Real Property and Facilities Administration—Continued 

Authority to lease non-excess property of military departments 

and Defense Agencies (sec. 2812) .................................................. 781 

Modification of utility system conveyance authority (sec. 2813) .... 781 

Defense access roads (sec. 2814) ....................................................... 781 

Report on application of force protection and anti-terrorism 

standards to gates and entry points on military installations 

(sec. 2815) ........................................................................................ 782 

Subtitle C—Provisions Related to Guam Realignment .......................... 782 

Sense of Congress regarding military housing and utilities related to Guam realignment (sec. 2821) ......................................... 782 

Federal assistance to Guam (sec. 2822) ........................................... 783 

Eligibility of the Commonwealth of the Northern Mariana Islands for military base reuse studies and community planning 

assistance (sec. 2823) ..................................................................... 783 

Support for realignment of military installations and relocation 

of military personnel on Guam (sec. 2824) ................................... 783 

Subtitle D—Energy Security .................................................................... 783 

Certification of enhanced use leases for energy-related projects 

(sec. 2831) ........................................................................................ 783 

Annual report on Department of Defense installations energy 

management (sec. 2832) ................................................................. 784 

Subtitle E—Land Conveyances ................................................................ 784 

Land conveyance, former Naval Air Station, Alameda, California 

(sec. 2841) ........................................................................................ 784 

Transfer of administrative jurisdiction, decommissioned Naval 

Security Group Activity, Skaggs Island, California (sec. 2842) .. 784 

Transfer of proceeds from property conveyance, Marine Corps 

Logistics Base, Albany, Georgia (sec. 2843) ................................. 785 

Land conveyance, Sergeant First Class M.L. Downs Army Reserve Center, Springfield, Ohio (sec. 2844) .................................. 785 

Land conveyance, John Sevier Range, Knox county, Tennessee 

(sec. 2845) ........................................................................................ 785 

Land conveyance, Army property, Camp Williams, Utah (sec. 

2846) ................................................................................................ 785 

Extension of Potomac Heritage National Scenic Trail through 

Fort Belvoir, Virginia (sec. 2847) .................................................. 785 

Subtitle F—Other Matters ....................................................................... 786 

Revised deadline for transfer of Arlington Naval Annex to Arlington National Cemetery (sec. 2851) ................................................ 786 

Acceptance and use of gifts for construction of additional building 

at National Museum of the United States Air Force, WrightPatterson Air Force Base (sec. 2852) ............................................ 786 

Lease involving pier on Ford Island, Pearl Harbor Naval Base, 

Hawaii (sec. 2853) .......................................................................... 786 

Use of runway at NASJRB Willow Grove, Pennsylvania (sec. 

2854) ................................................................................................ 786 

Naming of health facility, Fort Rucker, Alabama (sec. 2855) ........ 786 

Legislative Provisions Not Adopted ................................................................ 787 

Increase in threshold for unspecified minor military construction 

projects ............................................................................................ 787 

Repeal of reporting requirement in connection with installation 

vulnerability assessments .............................................................. 787 

Modification of land management restrictions applicable to Utah 

national defense lands .................................................................... 787 

Permanent authority to purchase municipal services for military 

installations .................................................................................... 787 

Protecting private property rights during Department of Defense 

land acquisitions ............................................................................. 787 

Energy and environmental design initiatives in Guam military 

construction and installations ....................................................... 788 

Department of Defense Inspector General report regarding Guam 

realignment ..................................................................................... 788 

Prevailing wage applicable to Guam ................................................ 788 

Expansion of authority of the military departments to develop 

energy on military lands ................................................................ 788 


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TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS—Continued 

Legislative Provisions Not Adopted—Continued 

Land conveyance, Norwalk Defense Fuel Supply Point, Norwalk, 

California ......................................................................................... 788 

Land conveyance, former Naval Station, Treasure Island, California ............................................................................................... 788 

Condition on lease involving Naval Air Station, Barbers Point, 

Hawaii ............................................................................................. 789 

Land conveyance, Bureau of Land Management land, Camp Williams, Utah ..................................................................................... 789 

Decontamination and use of former bombardment area on island 

of Culebra ........................................................................................ 789 

Establishment of memorial to American Rangers at Fort Belvoir, 

Virginia ............................................................................................ 789 

TITLE XXIX—WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION AUTHORIZATIONS ........................................................................................................ 789 

Subtitle A—Fiscal Year 2008 Projects ..................................................... 793 

Authorized Army construction and land acquisition projects (sec. 

2901) ................................................................................................ 793 

Authorized Navy construction and land acquisition projects (sec. 

2902) ................................................................................................ 793 

Authorized Air Force construction and land acquisition projects 

(sec. 2903) ........................................................................................ 793 

Authorized Defense Agencies construction and land acquisition 

projects (sec. 2904) .......................................................................... 793 

Termination of authority to carry out fiscal year 2008 Army 

projects (sec. 2905) .......................................................................... 793 

Subtitle B—Fiscal Year 2009 Projects ..................................................... 794 

Authorized Army Construction and land acquisition projects (sec. 

2911) ................................................................................................ 794 

Authorized Navy construction and land acquisition projects (sec. 

2912) ................................................................................................ 794 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS ...................................... 794 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS ............ 794 

Subtitle A—National Security Programs Authorizations ...................... 794 

Overview ............................................................................................. 794 

Legislative Provisions Adopted ........................................................................ 795 

National Nuclear Security Administration (sec. 3101) ................... 816 

Defense environmental cleanup (sec. 3102) ..................................... 817 

Other defense activities (sec. 3103) .................................................. 818 

Defense nuclear waste disposal (sec. 3104) ...................................... 818 

Energy security and assurance (sec. 3105) ...................................... 818 

Subtitle B—Program Authorizations, Restrictions, and Limitations .... 818 

Modification of functions of Administrator for Nuclear Security 

to include elimination of surplus fissile materials usable for 

nuclear weapons (sec. 3111) .......................................................... 818 

Limitation on funding for project 04-D-125 Chemistry and Metallurgy Research Replacement facility project, Los Alamos National Laboratory, Los Alamos, New Mexico, (sec. 3112) ............ 819 

Nonproliferation and national security scholarship and fellowship 

program (sec. 3113) ........................................................................ 819 

Enhancing nuclear forensics capabilities (sec. 3114) ...................... 819 

Utilization of contributions to International Nuclear Materials 

Protection and Cooperation program and Russian plutonium 

Disposition program (sec. 3115) .................................................... 820 

Review of and reports on Global Initiatives for Proliferation Prevention program (sec. 3116) ........................................................... 821 

Limitation on availability of funds for Global Nuclear Energy 

Partnership (sec. 3117) .................................................................. 822 

Subtitle C—Reports .................................................................................. 822 

Extension of deadline for Comptroller General report on Department of Energy protective force management (sec. 3121) ........... 822 

Report on compliance with Design Basis Threat issued by the 

Department of Energy in 2005 (sec. 3122) ................................... 822 

Modification of submittal of reports on inadvertent releases of 

restricted data (sec. 3123) .............................................................. 823 


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XXVI 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD ............................. 823 

Authorization (sec. 3201) ................................................................... 823 

TITLE XXXIV—NAVAL PETROLEUM RESERVES ....................................................... 823 

Authorization of appropriations (sec. 3401) ..................................... 823 

TITLE XXXV—MARITIME ADMINISTRATION ............................................................ 823 

Legislative Provisions Adopted ........................................................................ 823 

Authorization of appropriations for fiscal year 2009 (sec. 3501) .... 823 

Limitation on export of vessels owned by the Government of 

the United States for the purpose of dismantling, recycling, 

or scrapping (sec. 3502) .................................................................. 824 

Student incentive payment agreements (sec. 3503) ........................ 824 

Riding gang member requirements (sec. 3504) ............................... 824 

Maintenance and repair reimbursement program for the maritime security fleet (sec. 3505) ........................................................ 824 

Temporary program authorizing contracts with adjunct professors at the United States Merchant Marine Academy (sec. 

3506) ................................................................................................ 824 

Actions to address sexual harassment and violence at the United 

States Merchant Marine Academy (sec. 3507) ............................. 825 

Assistance for small shipyards and maritime communities (sec. 

3508) ................................................................................................ 825 

Marine war risk insurance (sec. 3509) ............................................. 825 

MARAD consultation on Jones Act Waivers (sec. 3510) ................. 825 

Transportation in American vessels of government personnel and 

certain cargoes (sec. 3511) ............................................................. 825 

Port of Guam improvement enterprise program (sec. 3512) .......... 825 


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(1) 

[Note from the Director of Legislative Operations: The following 

text is the reconciled agreement between H.R. 5658 and S. 3001, 

as passed by the House of Representatives on September 24, 2008, 

the Senate on September 27, 2008, and enrolled for the President’s 

signature.] 

S. 3001, as amended 

AN ACT 

To authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, 

and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for 

other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; FINDINGS; SENSE OF CONGRESS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009’’. 

(b) FINDINGS.—Congress makes the following findings: 

(1) Representative Duncan Hunter was elected to serve 

northern and eastern San Diego in 1980 and served in the 

House of Representatives until the end of the 110th Congress 

in 2009, representing the people of California’s 52d Congressional district. 

(2) Previous to his service in Congress, Representative 

Hunter served in the Army’s 173rd Airborne and 75th Ranger 

Regiment from 1969 to 1971. 

(3) During the Vietnam conflict, Representative Hunter’s distinguished service was recognized by the award of the Bronze 

Star and Air Medal, as well as the National Defense Service 

Medal and the Vietnam Service Medal. 

(4) Representative Hunter served on the Committee on 

Armed Services of the House of Representatives for 28 years, 

including service as Chairman of the Subcommittee on Military 

Research and Development from 2001 through 2002 and the 

Subcommittee on Military Procurement from 1995 through 

2000, the Chairman of the full committee from 2003 through 

2006, and the ranking member of the full committee from 2007 

through 2008. 

(5) Representative Hunter has persistently advocated for a 

more efficient military organization on behalf of the American 

people, to ensure maximum war-fighting capability and troop 

safety. 

(6) Representative Hunter is known by his colleagues to put 

the security of the Nation above all else and to provide for the 


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men and women in uniform who valiantly dedicate and sacrifice themselves for the protection of the Nation. 

(7) Representative Hunter has demonstrated this devotion to 

the troops by working to authorize and ensure quick deployment of add-on vehicle armor and improvised explosive device 

jammers, which have been invaluable in protecting the troops 

from attack in Iraq. 

(8) Representative Hunter worked to increase the size of the 

U.S. Armed Forces, which resulted in significant increases in 

the size of the Army and Marine Corps. 

(9) Representative Hunter has been a leader in ensuring sufficient force structure and end-strength, including through the 

2006 Committee Defense Review, to meet any challenges to the 

Nation. His efforts to increase the size of the Army and Marine 

Corps contributed to the enactment by the Congress and the 

subsequent implementation by the Administration of the larger 

forces. 

(10) Representative Hunter is a leading advocate for securing America’s borders. 

(11) Representative Hunter led efforts to strengthen the 

United States Industrial Base by working to enact legislation 

that ensures that the national industrial base will be able to 

design and manufacture those products critical to America’s 

national security. 

(c) SENSE OF CONGRESS.—It is the sense of Congress that the 

Honorable Duncan Hunter, Representative from California, has 

discharged his official duties with integrity and distinction, has 

served the House of Representatives and the American people selflessly, and deserves the sincere and humble gratitude of Congress 

and the Nation. 

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 

(a) DIVISIONS.—This Act is organized into three divisions as follows: 

(1) Division A—Department of Defense Authorizations. 

(2) Division B—Military Construction Authorizations. 

(3) Division C—Department of Energy National Security Authorizations and Other Authorizations. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title; findings; sense of Congress. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

Sec. 4. Explanatory statement. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. National Guard and Reserve equipment. 

Subtitle B—Army Programs 

Sec. 111. Separate procurement line items for Future Combat Systems program. 


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Sec. 112. Clarification of status of Future Combat Systems program lead system integrator. 

Sec. 113. Restriction on obligation of funds for Army tactical radio pending report. 

Sec. 114. Restriction on obligation of procurement funds for Armed Reconnaissance 

Helicopter program pending certification. 

Sec. 115. Stryker Mobile Gun System. 

Subtitle C—Navy Programs 

Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt. 

Sec. 122. Littoral Combat Ship (LCS) program. 

Sec. 123. Report on F/A–18 procurement costs, comparing multiyear to annual. 

Sec. 124. Authority for advanced procurement and construction of components for 

the Virginia-class submarine program. 

Subtitle D—Air Force Programs 

Sec. 131. Maintenance of retired KC–135E aircraft. 

Sec. 132. Repeal of multi-year contract authority for procurement of tanker aircraft. 

Sec. 133. Reports on KC–(X) tanker aircraft requirements. 

Sec. 134. F-22A fighter aircraft. 

Subtitle E—Joint and Multiservice Matters 

Sec. 141. Annual long-term plan for the procurement of aircraft for the Navy and 

the Air Force. 

Sec. 142. Report on body armor acquisition strategy. 

Sec. 143. Small arms acquisition strategy and requirements review. 

Sec. 144. Requirement for common ground stations and payloads for manned and 

unmanned aerial vehicle systems. 

Sec. 145. Report on future jet carrier trainer requirements of the Navy. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Additional determinations to be made as part of Future Combat Systems 

milestone review. 

Sec. 212. Analysis of Future Combat Systems communications network and software. 

Sec. 213. Future Combat Systems manned ground vehicle Selected Acquisition Reports. 

Sec. 214. Separate procurement and research, development, test, and evaluation 

line items and program elements for Sky Warrior Unmanned Aerial 

Systems project. 

Sec. 215. Restriction on obligation of funds for the Warfighter Information Network–Tactical program. 

Sec. 216. Limitation on source of funds for certain Joint Cargo Aircraft expenditures. 

Sec. 217. Requirement for plan on overhead nonimaging infrared systems. 

Sec. 218. Advanced energy storage technology and manufacturing. 

Sec. 219. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. 

Sec. 220. Requirements for certain airborne intelligence collection systems. 

Sec. 221. Limitation on obligation of funds for Enhanced AN/TPQ–36 radar system 

pending submission of report. 

Subtitle C—Missile Defense Programs 

Sec. 231. Annual Director of Operational Test and Evaluation characterization of 

operational effectiveness, suitability, and survivability of the ballistic 

missile defense system. 

Sec. 232. Independent study of boost-phase missile defense. 

Sec. 233. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe. 

Sec. 234. Review of the ballistic missile defense policy and strategy of the United 

States. 


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Sec. 235. Airborne Laser System. 

Sec. 236. Activation and deployment of AN/TPY–2 forward-based X-band radar. 

Subtitle D—Reports 

Sec. 241. Biennial reports on joint and service concept development and experimentation. 

Sec. 242. Report on participation of the historically black colleges and universities 

and minority-serving institutions in research and educational programs 

and activities of the Department of Defense. 

Sec. 243. Report on Department of Defense response to findings and recommendations of the Defense Science Board Task Force on Directed Energy 

Weapons. 

Subtitle E—Other Matters 

Sec. 251. Modification of systems subject to survivability testing oversight by the 

Director of Operational Test and evaluation. 

Sec. 252. Technology-neutral information technology guidelines and standards to 

support fully interoperable electronic personal health information for 

the Department of Defense and Department of Veterans Affairs. 

Sec. 253. Assessment of technology transition programs and repeal of reporting requirement. 

Sec. 254. Trusted defense systems. 

Sec. 255. Capabilities-based assessment to outline a joint approach for future development of vertical lift aircraft and rotorcraft. 

Sec. 256. Executive agent for printed circuit board technology. 

Sec. 257. Review of conventional prompt global strike technology applications and 

concepts. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Environmental Provisions 

Sec. 311. Authorization for Department of Defense participation in conservation 

banking programs. 

Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in 

connection with Moses Lake Wellfield Superfund Site, Moses Lake, 

Washington. 

Sec. 313. Expand cooperative agreement authority for management of natural resources to include off-installation mitigation. 

Sec. 314. Expedited use of appropriate technology related to unexploded ordnance 

detection. 

Sec. 315. Closed loop re-refining of used motor vehicle lubricating oil. 

Sec. 316. Comprehensive program for the eradication of the brown tree snake population from military facilities in Guam. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Comprehensive analysis and development of single Government-wide definition of inherently governmental function and criteria for critical functions. 

Sec. 322. Study on future depot capability. 

Sec. 323. Government Accountability Office review of high-performing organizations. 

Sec. 324. Consolidation of Air Force and Air National Guard aircraft maintenance. 

Sec. 325. Report on Air Force civilian personnel consolidation plan. 

Sec. 326. Report on reduction in number of firefighters on Air Force bases. 

Sec. 327. Minimum capital investment for certain depots. 

Subtitle D—Energy Security 

Sec. 331. Annual report on operational energy management and implementation of 

operational energy strategy. 

Sec. 332. Consideration of fuel logistics support requirements in planning, requirements development, and acquisition processes. 

Sec. 333. Study on solar and wind energy for use for expeditionary forces. 

Sec. 334. Study on alternative and synthetic fuels. 


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Sec. 335. Mitigation of power outage risks for Department of Defense facilities and 

activities. 

Subtitle E—Reports 

Sec. 341. Comptroller General report on readiness of Armed Forces. 

Sec. 342. Report on plan to enhance combat skills of Navy and Air Force personnel. 

Sec. 343. Comptroller General report on the use of the Army Reserve and National 

Guard as an operational reserve. 

Sec. 344. Comptroller General report on link between preparation and use of Army 

reserve component forces to support ongoing operations. 

Sec. 345. Comptroller General report on adequacy of funding, staffing, and organization of Department of Defense Military Munitions Response Program. 

Subtitle F—Other Matters 

Sec. 351. Extension of Enterprise Transition Plan reporting requirement. 

Sec. 352. Demilitarization of loaned, given, or exchanged documents, historical artifacts, and condemned or obsolete combat materiel. 

Sec. 353. Repeal of requirement that Secretary of Air Force provide training and 

support to other military departments for A–10 aircraft. 

Sec. 354. Display of annual budget requirements for Air Sovereignty Alert Mission. 

Sec. 355. Revision of certain Air Force regulations required. 

Sec. 356. Transfer of C–12 aircraft to California Department of Forestry and Fire 

Protection. 

Sec. 357. Limitation on treatment of retired B–52 aircraft for Air Combat Command headquarters. 

Sec. 358. Increase of domestic breeding of military working dogs used by the Department of Defense. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2009 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active duty 

for operational support. 

Sec. 416. Additional waiver authority of limitation on number of reserve component 

members authorized to be on active duty. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy Generally 

Sec. 501. Mandatory separation requirements for regular warrant officers for 

length of service. 

Sec. 502. Requirements for issuance of posthumous commissions and warrants. 

Sec. 503. Authorized number of general officers on active duty in the Army and 

Marine Corps, limited exclusion for joint duty requirements, and increase in number of officers serving in grades above major general and 

rear admiral. 

Sec. 504. Modification of authority on Staff Judge Advocate to the Commandant of 

the Marine Corps. 

Sec. 505. Eligibility of reserve officers to serve on boards of inquiry for separation 

of regular officers for substandard performance and other reasons. 

Sec. 506. Delayed authority to alter distribution requirements for commissioned officers on active duty in general officer and flag officer grades and limitations on authorized strengths of general and flag officers on active 

duty. 


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Subtitle B—Reserve Component Management 

Sec. 511. Extension to other reserve components of Army authority for deferral of 

mandatory separation of military technicians (dual status) until age 60. 

Sec. 512. Modification of authorized strengths for certain Army National Guard, 

Marine Corps Reserve, and Air National Guard officers and Army National Guard enlisted personnel serving on full-time reserve component 

duty. 

Sec. 513. Clarification of authority to consider for a vacancy promotion National 

Guard officers ordered to active duty in support of a contingency operation. 

Sec. 514. Increase in mandatory retirement age for certain Reserve officers. 

Sec. 515. Age limit for retention of certain Reserve officers on active-status list as 

exception to removal for years of commissioned service. 

Sec. 516. Authority to retain Reserve chaplains and officers in medical and related 

specialties until age 68. 

Sec. 517. Modification of authorities on dual duty status of National Guard officers. 

Sec. 518. Study and report regarding Marine Corps personnel policies regarding assignments in Individual Ready Reserve. 

Sec. 519. Report on collection of information on civilian skills of members of the reserve components of the Armed Forces. 

Subtitle C—Joint Qualified Officers and Requirements 

Sec. 521. Joint duty requirements for promotion to general or flag officer. 

Sec. 522. Technical, conforming, and clerical changes to joint specialty terminology. 

Sec. 523. Promotion policy objectives for joint qualified officers. 

Sec. 524. Length of joint duty assignments. 

Sec. 525. Designation of general and flag officer positions on Joint Staff as positions to be held only by reserve component officers. 

Sec. 526. Modification of limitations on authorized strengths of reserve general and 

flag officers in active status serving in joint duty assignments. 

Sec. 527. Reports on joint education courses available through the Department of 

Defense. 

Subtitle D—General Service Authorities 

Sec. 531. Increase in maximum period of reenlistment of regular members of the 

Armed Forces. 

Sec. 532. Paternity leave for members of the Armed Forces. 

Sec. 533. Pilot programs on career flexibility to enhance retention of members of 

the Armed Forces. 

Subtitle E—Education and Training 

Sec. 540. Authorized strength of military service academies and repeal of prohibition on phased increase in midshipmen and cadet strength limit at 

Naval Academy and Air Force Academy. 

Sec. 541. Promotion of foreign and cultural exchange activities at military service 

academies. 

Sec. 542. Increased authority to enroll defense industry employees in defense product development program. 

Sec. 543. Expanded authority for institutions of professional military education to 

award degrees. 

Sec. 544. Tuition for attendance of Federal employees at the United States Air 

Force Institute of Technology. 

Sec. 545. Increase in number of permanent professors at the United States Air 

Force Academy. 

Sec. 546. Requirement of completion of service under honorable conditions for purposes of entitlement to educational assistance for reserve component 

members supporting contingency operations. 

Sec. 547. Consistent education loan repayment authority for health professionals in 

regular components and Selected Reserve. 

Sec. 548. Increase in number of units of Junior Reserve Officers’ Training Corps. 

Sec. 549. Correction of erroneous Army College Fund benefit amounts. 

Sec. 550. Enhancing education partnerships to improve accessibility and flexibility 

for members of the Armed Forces. 


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Subtitle F—Defense Dependents’ Education 

Sec. 551. Continuation of authority to assist local educational agencies that benefit 

dependents of members of the Armed Forces and Department of Defense civilian employees. 

Sec. 552. Impact aid for children with severe disabilities. 

Sec. 553. Transition of military dependent students among local educational agencies. 

Sec. 554. Calculation of payments for eligible federally connected children under 

Department of Education’s Impact Aid program. 

Subtitle G—Military Justice 

Sec. 561. Effective period of military protective orders. 

Sec. 562. Mandatory notification of issuance of military protective order to civilian 

law enforcement. 

Sec. 563. Implementation of information database on sexual assault incidents in 

the Armed Forces. 

Subtitle H—Decorations, Awards, and Honorary Promotions 

Sec. 571. Replacement of military decorations. 

Sec. 572. Authorization and request for award of Medal of Honor to Richard L. 

Etchberger for acts of valor during the Vietnam War. 

Subtitle I—Military Families 

Sec. 581. Presentation of burial flag to the surviving spouse and children of deceased members of the Armed Forces. 

Sec. 582. Education and training opportunities for military spouses. 

Sec. 583. Sense of Congress regarding honor guard details for funerals of veterans. 

Subtitle J—Other Matters 

Sec. 591. Prohibition on interference in independent legal advice by the Legal 

Counsel to the Chairman of the Joint Chiefs of Staff. 

Sec. 592. Interest payments on certain claims arising from correction of military 

records. 

Sec. 593. Extension of limitation on reductions of personnel of agencies responsible 

for review and correction of military records. 

Sec. 594. Modification of matching fund requirements under National Guard Youth 

Challenge Program. 

Sec. 595. Military salute for the flag during the national anthem by members of the 

Armed Forces not in uniform and by veterans. 

Sec. 596. Military Leadership Diversity Commission. 

Sec. 597. Demonstration project on service of retired nurse corps officers as faculty 

at civilian nursing schools. 

Sec. 598. Report on planning for participation and hosting of the Department of Defense in international sports activities, competitions, and events. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Fiscal year 2009 increase in military basic pay. 

Sec. 602. Permanent extension of prohibition on charges for meals received at military treatment facilities by members receiving continuous care. 

Sec. 603. Increase in maximum authorized payment or reimbursement amount for 

temporary lodging expenses. 

Sec. 604. Availability of second family separation allowance for married couples 

with dependents. 

Sec. 605. Extension of authority for income replacement payments for reserve component members experiencing extended and frequent mobilization for 

active duty service. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces. 

Sec. 612. Extension of certain bonus and special pay authorities for health care professionals. 

Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 

Sec. 614. Extension of authorities relating to payment of other title 37 bonuses and 

special pays. 


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Sec. 615. Extension of authorities relating to payment of referral bonuses. 

Sec. 616. Increase in maximum bonus and stipend amounts authorized under 

Nurse Officer Candidate Accession Program and health professions stipend program. 

Sec. 617. Maximum length of nuclear officer incentive pay agreements for service. 

Sec. 618. Technical changes regarding consolidation of special pay, incentive pay, 

and bonus authorities of the uniformed services. 

Sec. 619. Use of new skill incentive pay and proficiency bonus authorities to encourage training in critical foreign languages and foreign cultural studies and authorization of incentive pay for members of precommissioning 

programs pursuing foreign language proficiency. 

Sec. 620. Accession and retention bonuses for the recruitment and retention of officers in certain health professions. 

Subtitle C—Travel and Transportation Allowances 

Sec. 621. Special weight allowance for transportation of professional books and 

equipment for spouses. 

Sec. 622. Shipment of family pets during evacuation of personnel. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 631. Extension to survivors of certain members who die on active duty of special survivor indemnity allowance for persons affected by required Survivor Benefit Plan annuity offset for dependency and indemnity compensation. 

Sec. 632. Correction of unintended reduction in survivor benefit plan annuities due 

to phased elimination of two-tier annuity computation and supplemental annuity. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 

Operations 

Sec. 641. Use of commissary stores surcharges derived from temporary commissary 

initiatives for reserve component and retired members. 

Sec. 642. Enhanced enforcement of prohibition on sale or rental of sexually explicit 

material on military installations. 

Subtitle F—Other Matters 

Sec. 651. Continuation of entitlement to bonuses and similar benefits for members 

of the uniformed services who die, are separated or retired for disability, or meet other criteria. 

TITLE VII—HEALTH CARE AND WOUNDED WARRIOR PROVISIONS 

Subtitle A—Improvements to Health Benefits 

Sec. 701. One-year extension of prohibition on increases in certain health care costs 

for members of the uniformed services. 

Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy 

system of pharmacy benefits program. 

Sec. 703. Chiropractic health care for members on active duty. 

Sec. 704. Calculation of monthly premiums for coverage under TRICARE Reserve 

Select after 2008. 

Sec. 705. Program for health care delivery at military installations projected to 

grow. 

Sec. 706. Guidelines for combined medical facilities of the Department of Defense 

and the Department of Veterans Affairs. 

Subtitle B—Preventive Care 

Sec. 711. Waiver of copayments for preventive services for certain TRICARE beneficiaries. 

Sec. 712. Military health risk management demonstration project. 

Sec. 713. Smoking cessation program under TRICARE. 

Sec. 714. Preventive health allowance. 

Sec. 715. Additional authority for studies and demonstration projects relating to delivery of health and medical care. 

Subtitle C—Wounded Warrior Matters 

Sec. 721. Center of excellence in prevention, diagnosis, mitigation, treatment, and 

rehabilitation of hearing loss and auditory system injuries. 


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Sec. 722. Clarification to center of excellence relating to military eye injuries. 

Sec. 723. Center of Excellence in the Mitigation, Treatment, and Rehabilitation of 

Traumatic Extremity Injuries and Amputations. 

Sec. 724. Additional responsibilities for the wounded warrior resource center. 

Sec. 725. Sense of Congress on research on traumatic brain injury. 

Sec. 726. Extension of Senior Oversight Committee with respect to wounded warrior matters. 

Sec. 727. Modification of utilization of veterans’ presumption of sound condition in 

establishing eligibility of members of the Armed Forces for retirement 

for disability. 

Subtitle D—Other Matters 

Sec. 731. Report on providing the Extended Care Health Option Program to dependents of military retirees. 

Sec. 732. Increase in cap on extended benefits under extended health care option 

(ECHO). 

Sec. 733. Department of Defense task force on the prevention of suicide by members of the Armed Forces. 

Sec. 734. Transitional health care for certain members of the Armed Forces who 

agree to serve in the Selected Reserve of the Ready Reserve. 

Sec. 735. Enhancement of medical and dental readiness of members of the Armed 

Forces. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Assessment of urgent operational needs fulfillment. 

Sec. 802. Implementation of statutory requirements regarding the national technology and industrial base. 

Sec. 803. Commercial software reuse preference. 

Sec. 804. Internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies. 

Subtitle B—Provisions Relating to Major Defense Acquisition Programs 

Sec. 811. Inclusion of major subprograms to major defense acquisition programs 

under acquisition reporting requirements. 

Sec. 812. Inclusion of certain major information technology investments in acquisition oversight authorities for major automated information system programs. 

Sec. 813. Transfer of sections of title 10 relating to Milestone A and Milestone B 

for clarity. 

Sec. 814. Configuration steering boards for cost control under major defense acquisition programs. 

Sec. 815. Preservation of tooling for major defense acquisition programs. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 821. Definition of system for Defense Acquisition Challenge Program. 

Sec. 822. Technical data rights. 

Sec. 823. Revision to the application of Cost Accounting Standards. 

Sec. 824. Modification and extension of pilot program for transition to follow-on 

contracts under authority to carry out certain prototype projects. 

Sec. 825. Clarification of status of Government rights in the designs of Department 

of Defense vessels, boats, craft, and components thereof. 

Subtitle D—Provisions Relating to Acquisition Workforce and Inherently 

Governmental Functions 

Sec. 831. Development of guidance on personal services contracts. 

Sec. 832. Sense of Congress on performance by private security contractors of certain functions in an area of combat operations. 

Sec. 833. Acquisition workforce expedited hiring authority. 

Sec. 834. Career path and other requirements for military personnel in the acquisition field. 

Subtitle E—Department of Defense Contractor Matters 

Sec. 841. Ethics safeguards related to contractor conflicts of interest. 


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Sec. 842. Information for Department of Defense contractor employees on their 

whistleblower rights. 

Sec. 843. Requirement for Department of Defense to adopt an acquisition strategy 

for Defense Base Act insurance. 

Sec. 844. Report on use of off-shore subsidiaries by defense contractors. 

Sec. 845. Defense industrial security. 

Subtitle F—Matters Relating to Iraq and Afghanistan 

Sec. 851. Clarification and modification of authorities relating to the Commission 

on Wartime Contracting in Iraq and Afghanistan. 

Sec. 852. Comprehensive audit of spare parts purchases and depot overhaul and 

maintenance of equipment for operations in Iraq and Afghanistan. 

Sec. 853. Additional matters required to be reported by contractors performing security functions in areas of combat operations. 

Sec. 854. Additional contractor requirements and responsibilities relating to alleged 

crimes by or against contractor personnel in Iraq and Afghanistan. 

Sec. 855. Suspension of statutes of limitations when Congress authorizes the use 

of military force. 

Subtitle G—Governmentwide Acquisition Improvements 

Sec. 861. Short title. 

Sec. 862. Limitation on length of certain noncompetitive contracts. 

Sec. 863. Requirements for purchase of property and services pursuant to multiple 

award contracts. 

Sec. 864. Regulations on the use of cost-reimbursement contracts. 

Sec. 865. Preventing abuse of interagency contracts. 

Sec. 866. Limitations on tiering of subcontractors. 

Sec. 867. Linking of award and incentive fees to acquisition outcomes. 

Sec. 868. Minimizing abuse of commercial services item authority. 

Sec. 869. Acquisition workforce development strategic plan. 

Sec. 870. Contingency Contracting Corps. 

Sec. 871. Access of Government Accountability Office to contractor employees. 

Sec. 872. Database for Federal agency contract and grant officers and suspension 

and debarment officials. 

Sec. 873. Role of Interagency Committee on Debarment and Suspension. 

Sec. 874. Improvements to the Federal procurement data system. 

Subtitle H—Other Matters 

Sec. 881. Expansion of authority to retain fees from licensing of intellectual property. 

Sec. 882. Report on market research. 

Sec. 883. Report relating to munitions. 

Sec. 884. Motor carrier fuel surcharges. 

Sec. 885. Procurement by State and local governments of equipment for homeland 

security and emergency response activities through the Department of 

Defense. 

Sec. 886. Review of impact of covered subsidies on acquisition of KC-45 aircraft. 

Sec. 887. Report on the implementation of earned value management at the Department of Defense. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Plan required for personnel management of special operations forces. 

Sec. 902. Director of Operational Energy Plans and Programs. 

Sec. 903. Corrosion control and prevention executives for the military departments. 

Sec. 904. Participation of Deputy Chief Management Officer of the Department of 

Defense on Defense Business System Management Committee. 

Sec. 905. Modification of status of Assistant to the Secretary of Defense for Nuclear 

and Chemical and Biological Defense Programs. 

Sec. 906. Requirement for the Secretary of Defense to prepare a strategic plan to 

enhance the role of the National Guard and Reserves. 

Sec. 907. General Counsel to the Inspector General of the Department of Defense. 

Sec. 908. Business transformation initiatives for the military departments. 


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Subtitle B—Space Activities 

Sec. 911. Extension of authority for pilot program for provision of space surveillance network services to entities outside United States Government. 

Sec. 912. Investment and acquisition strategy for commercial satellite capabilities. 

Sec. 913. Space posture review. 

Subtitle C—Chemical Demilitarization Program 

Sec. 921. Responsibilities for Chemical Demilitarization Citizens’ Advisory Commissions in Colorado and Kentucky. 

Sec. 922. Cost-benefit analysis of future treatment of hydrolysate at Pueblo Chemical Depot, Colorado. 

Subtitle D—Intelligence-Related Matters 

Sec. 931. Technical changes following the redesignation of National Imagery and 

Mapping Agency as National Geospatial-Intelligence Agency. 

Sec. 932. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 

2004. 

Sec. 933. Technical amendments relating to the Associate Director of the CIA for 

Military Affairs. 

Subtitle E—Other Matters 

Sec. 941. Enhancement of authorities relating to Department of Defense regional 

centers for security studies. 

Sec. 942. Restriction on obligation of funds for United States Southern Command 

development assistance activities. 

Sec. 943. Authorization of non-conventional assisted recovery capabilities. 

Sec. 944. Report on homeland defense and civil support issues. 

Sec. 945. Report on National Guard resource requirements. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. One-time shift of military retirement payments. 

Sec. 1003. Management of purchase cards. 

Sec. 1004. Codification of recurring authority on United States contributions to the 

North Atlantic Treaty Organization common-funded budgets. 

Sec. 1005. Incorporation of funding decisions into law. 

Subtitle B—Policy Relating to Vessels and Shipyards 

Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas. 

Sec. 1012. Report on repair of naval vessel in foreign shipyards. 

Sec. 1013. Report on plan for disposal of certain vessels stricken from the Naval 

Vessel Register. 

Sec. 1014. Reimbursement of expenses for certain Navy mess operations. 

Sec. 1015. Policy relating to major combatant vessels of the strike forces of the 

United States Navy. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension of reporting requirement regarding Department of Defense expenditures to support foreign counter-drug activities. 

Sec. 1022. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. 

Sec. 1023. Extension of authority to support unified counter-drug and 

counterterrorism campaign in Colombia and continuation of numerical 

limitation on assignment of United States personnel. 

Sec. 1024. Expansion and extension of authority to provide additional support for 

counter-drug activities of certain foreign governments. 

Sec. 1025. Comprehensive Department of Defense strategy for counter-narcotics efforts for United States Africa Command. 

Sec. 1026. Comprehensive Department of Defense strategy for counter-narcotics efforts in South and Central Asian regions. 


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Subtitle D—Miscellaneous Authorities and Limitations 

Sec. 1031. Enhancement of the capacity of the United States Government to conduct complex operations. 

Sec. 1032. Crediting of admiralty claim receipts for damage to property funded 

from a Department of Defense working capital fund. 

Sec. 1033. Minimum annual purchase requirements for charter air transportation 

services from carriers participating in the Civil Reserve Air Fleet. 

Sec. 1034. Semi-annual reports on status of Navy Next Generation Enterprise Networks program. 

Sec. 1035. Sense of Congress on nuclear weapons management. 

Sec. 1036. Sense of Congress on joint Department of Defense-Federal Aviation Administration executive committee on conflict and dispute resolution. 

Sec. 1037. Sense of Congress on sale of new outsize cargo, strategic airlift aircraft 

for civilian use. 

Subtitle E—Studies and Reports 

Sec. 1041. Report on corrosion control and prevention. 

Sec. 1042. Study on using Modular Airborne Fire Fighting Systems (MAFFS) in a 

Federal response to wildfires. 

Sec. 1043. Study on rotorcraft survivability. 

Sec. 1044. Report on nuclear weapons. 

Sec. 1045. Report on compliance by Department of Defense with Guam tax and licensing laws. 

Sec. 1046. Report on detention operations in Iraq. 

Sec. 1047. Review of bandwidth capacity requirements of the Department of Defense and the intelligence community. 

Sec. 1048. Review of findings and recommendations applicable to the Department 

of Defense regarding electromagnetic pulse attack. 

Subtitle F—Other Matters 

Sec. 1051. Additional information under annual submissions of information regarding information technology capital assets. 

Sec. 1052. Submission to Congress of revision to regulation on enemy prisoners of 

war, retained personnel, civilian internees, and other detainees. 

Sec. 1053. Barnegat Inlet to Little Egg Inlet, New Jersey. 

Sec. 1054. Standing advisory panel on improving coordination among the Department of Defense, the Department of State, and the United States Agency for International Development on matters of national security. 

Sec. 1055. Reports on strategic communication and public diplomacy activities of 

the Federal Government. 

Sec. 1056. Prohibitions relating to propaganda. 

Sec. 1057. Sense of Congress on interrogation of detainees by contractor personnel. 

Sec. 1058. Sense of Congress with respect to videotaping or otherwise electronically 

recording strategic intelligence interrogations of persons in the custody 

of or under the effective control of the Department of Defense. 

Sec. 1059. Modification of deadlines for standards required for entry to military installations in the United States. 

Sec. 1060. Extension of certain dates for Congressional Commission on the Strategic Posture of the United States. 

Sec. 1061. Technical and clerical amendments. 

Sec. 1062. Notification of Committees on Armed Services with respect to certain 

nonproliferation and proliferation activities. 

Sec. 1063. Assessment of security measures at consolidated center for North American Aerospace Defense Command and United States Northern Command. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Authority to waive annual limitation on premium pay and aggregate 

limitation on pay for Federal civilian employees working overseas. 

Sec. 1102. Temporary discretionary authority to grant allowances, benefits, and 

gratuities to personnel on official duty in a combat zone. 

Sec. 1103. Election of insurance coverage by Federal civilian employees deployed in 

support of a contingency operation. 

Sec. 1104. Extension of authority to make lump-sum severance payments. 

Sec. 1105. Extension of voluntary reduction-in-force authority of Department of Defense. 


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Sec. 1106. Enhancement of authorities relating to additional positions under the 

national security personnel system. 

Sec. 1107. Expedited hiring authority for health care professionals. 

Sec. 1108. Direct hire authority at personnel demonstration laboratories for certain 

candidates. 

Sec. 1109. Status reports relating to laboratory personnel demonstration projects. 

Sec. 1110. Technical amendment relating to definition of professional accounting 

position for purposes of certification and credentialing standards. 

Sec. 1111. Exceptions and adjustments to limitations on personnel and reports on 

such exceptions and adjustments. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Extension of authority to build the capacity of the Pakistan Frontier 

Corps. 

Sec. 1202. Availability across fiscal years of funds for military-to-military contacts 

and comparable activities. 

Sec. 1203. Availability across fiscal years of funds to pay incremental expenses for 

participation of developing countries in combined exercises. 

Sec. 1204. Extension of temporary authority to use acquisition and cross-servicing 

agreements to lend military equipment for personnel protection and 

survivability. 

Sec. 1205. Authority for distribution to certain foreign personnel of education and 

training materials and information technology to enhance military 

interoperability with the Armed Forces. 

Sec. 1206. Modification and extension of authorities relating to program to build 

the capacity of foreign military forces. 

Sec. 1207. Extension of authority and increased funding for security and stabilization assistance. 

Sec. 1208. Extension and expansion of authority for support of special operations 

to combat terrorism. 

Sec. 1209. Increase in amount available for costs of education and training of foreign military forces under Regional Defense Combating Terrorism Fellowship Program. 

Subtitle B—Matters Relating to Iraq and Afghanistan 

Sec. 1211. Limitation on availability of funds for certain purposes relating to Iraq. 

Sec. 1212. Report on status of forces agreements between the United States and 

Iraq. 

Sec. 1213. Strategy for United States-led Provincial Reconstruction Teams in Iraq. 

Sec. 1214. Commanders’ Emergency Response Program. 

Sec. 1215. Performance monitoring system for United States-led Provincial Reconstruction Teams in Afghanistan. 

Sec. 1216. Report on command and control structure for military forces operating 

in Afghanistan. 

Sec. 1217. Reports on enhancing security and stability in the region along the border of Afghanistan and Pakistan. 

Sec. 1218. Study and report on Police Transition Teams to train, assist, and advise 

units of the Iraqi Police Service. 

Subtitle C—Other Matters 

Sec. 1231. Payment of personnel expenses for multilateral cooperation programs. 

Sec. 1232. Participation of the Department of Defense in multinational military 

centers of excellence. 

Sec. 1233. Review of security risks of participation by defense contractors in certain 

space activities of the People’s Republic of China. 

Sec. 1234. Report on Iran’s capability to produce nuclear weapons. 

Sec. 1235. Employment for resettled Iraqis. 

Sec. 1236. Extension and modification of updates on report on claims relating to 

the bombing of the Labelle Discotheque. 

Sec. 1237. Report on utilization of certain global partnership authorities. 

Sec. 1238. Modification and repeal of requirement to submit certain annual reports 

to Congress regarding allied contributions to the common defense. 


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TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE 

FORMER SOVIET UNION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Defense Health Program. 

Sec. 1404. Chemical agents and munitions destruction, defense. 

Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1406. Defense Inspector General. 

Sec. 1407. National Defense Sealift Fund amendments. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authorized uses of National Defense Stockpile funds. 

Sec. 1412. Revisions to previously authorized disposals from the National Defense 

Stockpile. 

Subtitle C—Armed Forces Retirement Home 

Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 

Sec. 1501. Authorization of additional appropriations for operations in Afghanistan 

and Iraq for fiscal year 2009. 

Sec. 1502. Requirement for separate display of budgets for Afghanistan and Iraq. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Science and technology investment strategy to defeat or counter improvised explosive devices. 

Sec. 1505. Limitations on Iraq Security Forces Fund. 

Sec. 1506. Limitations on Afghanistan Security Forces Fund. 

Sec. 1507. Special transfer authority. 

Sec. 1508. Prohibition on use of United States funds for certain facilities projects 

in Iraq and contributions by the Government of Iraq to combined operations and other activities in Iraq. 

TITLE XVI—RECONSTRUCTION AND STABILIZATION CIVILIAN 

MANAGEMENT 

Sec. 1601. Short title. 

Sec. 1602. Findings. 

Sec. 1603. Definitions. 

Sec. 1604. Authority to provide assistance for reconstruction and stabilization crises. 

Sec. 1605. Reconstruction and stabilization. 

Sec. 1606. Authorities related to personnel. 

Sec. 1607. Reconstruction and stabilization strategy. 

Sec. 1608. Annual reports to Congress. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified by 

law. 

Sec. 2003. Effective date. 

TITLE XXI—ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2008 projects. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2007 projects. 

Sec. 2107. Extension of authorizations of certain fiscal year 2006 projects. 

Sec. 2108. Extension of authorization of certain fiscal year 2005 project. 


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TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification of authority to carry out certain fiscal year 2005 project. 

Sec. 2206. Modification of authority to carry out certain fiscal year 2007 projects. 

TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Extension of authorizations of certain fiscal year 2006 projects. 

Sec. 2306. Extension of authorizations of certain fiscal year 2005 projects. 

TITLE XXIV—DEFENSE AGENCIES 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. Modification of authority to carry out certain fiscal year 2007 project. 

Sec. 2405. Modification of authority to carry out certain fiscal year 2005 projects. 

Sec. 2406. Extension of authorization of certain fiscal year 2006 project. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorized chemical demilitarization program construction and land acquisition projects. 

Sec. 2412. Authorization of appropriations, chemical demilitarization construction, 

defense-wide. 

Sec. 2413. Modification of authority to carry out certain fiscal year 1997 project. 

Sec. 2414. Modification of authority to carry out certain fiscal year 2000 project. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 

INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Sec. 2607. Modification of authority to carry out certain fiscal year 2008 project. 

Sec. 2608. Extension of authorizations of certain fiscal year 2006 projects. 

Sec. 2609. Extension of Authorization of certain fiscal year 2005 project. 

TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES 

Subtitle A—Authorizations 

Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990. 

Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005. 

Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005. 

Subtitle B—Amendments to Base Closure and Related Laws 

Sec. 2711. Modification of annual base closure and realignment reporting requirements. 


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Sec. 2712. Technical corrections regarding authorized cost and scope of work variations for military construction and military family housing projects related to base closures and realignments. 

Subtitle C—Other Matters 

Sec. 2721. Independent design review of National Naval Medical Center and military hospital at Fort Belvoir. 

Sec. 2722. Report on use of BRAC properties as sites for refineries or nuclear power 

plants. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Incorporation of principles of sustainable design in documents submitted 

as part of proposed military construction projects. 

Sec. 2802. Revision of maximum lease amount applicable to certain domestic Army 

family housing leases to reflect previously made annual adjustments in 

amount. 

Sec. 2803. Use of military family housing constructed under build and lease authority to house members without dependents. 

Sec. 2804. Leasing of military family housing to Secretary of Defense. 

Sec. 2805. Improved oversight and accountability for military housing privatization 

initiative projects. 

Sec. 2806. Authority to use operation and maintenance funds for construction 

projects inside the United States Central Command and United States 

Africa Command areas of responsibility. 

Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family Housing LLC. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Clarification of congressional reporting requirements for certain real 

property transactions. 

Sec. 2812. Authority to lease non-excess property of military departments and Defense Agencies. 

Sec. 2813. Modification of utility system conveyance authority. 

Sec. 2814. Defense access roads. 

Sec. 2815. Report on application of force protection and anti-terrorism standards to 

gates and entry points on military installations. 

Subtitle C—Provisions Related to Guam Realignment 

Sec. 2821. Sense of Congress regarding military housing and utilities related to 

Guam realignment. 

Sec. 2822. Federal assistance to Guam. 

Sec. 2823. Eligibility of the Commonwealth of the Northern Mariana Islands for 

military base reuse studies and community planning assistance. 

Sec. 2824. Support for realignment of military installations and relocation of military personnel on Guam. 

Subtitle D—Energy Security 

Sec. 2831. Certification of enhanced use leases for energy-related projects. 

Sec. 2832. Annual report on Department of Defense installations energy management. 

Subtitle E—Land Conveyances 

Sec. 2841. Land conveyance, former Naval Air Station, Alameda, California. 

Sec. 2842. Transfer of administrative jurisdiction, decommissioned Naval Security 

Group Activity, Skaggs Island, California. 

Sec. 2843. Transfer of proceeds from property conveyance, Marine Corps Logistics 

Base, Albany, Georgia. 

Sec. 2844. Land conveyance, Sergeant First Class M.L. Downs Army Reserve Center, Springfield, Ohio. 

Sec. 2845. Land conveyance, John Sevier Range, Knox County, Tennessee. 

Sec. 2846. Land conveyance, Army property, Camp Williams, Utah. 

Sec. 2847. Extension of Potomac Heritage National Scenic Trail through Fort 

Belvoir, Virginia. 


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Subtitle F—Other Matters 

Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to Arlington National Cemetery. 

Sec. 2852. Acceptance and use of gifts for construction of additional building at National Museum of the United States Air Force, Wright-Patterson Air 

Force Base. 

Sec. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval Base, Hawaii. 

Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania. 

Sec. 2855. Naming of health facility, Fort Rucker, Alabama. 

TITLE XXIX—WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS 

Subtitle A—Fiscal Year 2008 Projects 

Sec. 2901. Authorized Army construction and land acquisition projects. 

Sec. 2902. Authorized Navy construction and land acquisition projects. 

Sec. 2903. Authorized Air Force construction and land acquisition projects. 

Sec. 2904. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2905. Termination of authority to carry out fiscal year 2008 Army projects. 

Subtitle B—Fiscal Year 2009 Projects 

Sec. 2911. Authorized Army construction and land acquisition projects. 

Sec. 2912. Authorized Navy construction and land acquisition projects. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Sec. 3105. Energy security and assurance. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Modification of functions of Administrator for Nuclear Security to include elimination of surplus fissile materials usable for nuclear weapons. 

Sec. 3112. Limitation on Funding for Project 04-D-125 Chemistry and Metallurgy 

Research Replacement facility project, Los Alamos National Laboratory, 

Los Alamos, New Mexico. 

Sec. 3113. Nonproliferation and national security scholarship and fellowship program. 

Sec. 3114. Enhancing nuclear forensics capabilities. 

Sec. 3115. Utilization of contributions to International Nuclear Materials Protection and Cooperation program and Russian plutonium disposition program. 

Sec. 3116. Review of and reports on Global Initiatives for Proliferation Prevention 

program. 

Sec. 3117. Limitation on availability of funds for Global Nuclear Energy Partnership. 

Subtitle C—Reports 

Sec. 3121. Extension of deadline for Comptroller General report on Department of 

Energy protective force management. 

Sec. 3122. Report on compliance with Design Basis Threat issued by the Department of Energy in 2005. 

Sec. 3123. Modification of submittal of reports on inadvertent releases of restricted 

data. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 


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TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of appropriations for fiscal year 2009. 

Sec. 3502. Limitation on export of vessels owned by the Government of the United 

States for the purpose of dismantling, recycling, or scrapping. 

Sec. 3503. Student incentive payment agreements. 

Sec. 3504. Riding gang member requirements. 

Sec. 3505. Maintenance and Repair Reimbursement Program for the Maritime Security Fleet. 

Sec. 3506. Temporary program authorizing contracts with adjunct professors at the 

United States Merchant Marine Academy and for other purposes. 

Sec. 3507. Actions to address sexual harassment and violence at the United States 

Merchant Marine Academy. 

Sec. 3508. Assistance for small shipyards and maritime communities. 

Sec. 3509. Marine war risk insurance. 

Sec. 3510. MarAd consultation on Jones Act Waivers. 

Sec. 3511. Transportation in American vessels of government personnel and certain 

cargoes. 

Sec. 3512. Port of Guam Improvement Enterprise Program. 

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

For purposes of this Act, the term ‘‘congressional defense committees’’ has the meaning given that term in section 101(a)(16) of title 

10, United States Code. 

SEC. 4. EXPLANATORY STATEMENT. 

The explanatory statement regarding S. 3001, the National Defense Authorization Act for Fiscal Year 2009, as amended by the 

House of Representatives, printed in the House section of the Congressional Record on or about September 30, 2008, by the Chairman of the Committee on Armed Services of the House, shall have 

the same effect with respect to the implementation of this Act as 

if it were a joint explanatory statement of a committee of conference. 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. National Guard and Reserve equipment. 

Subtitle B—Army Programs 

Sec. 111. Separate procurement line items for Future Combat Systems program. 

Sec. 112. Clarification of status of Future Combat Systems program lead system integrator. 

Sec. 113. Restriction on obligation of funds for Army tactical radio pending report. 

Sec. 114. Restriction on obligation of procurement funds for Armed Reconnaissance 

Helicopter program pending certification. 

Sec. 115. Stryker Mobile Gun System. 

Subtitle C—Navy Programs 

Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt. 

Sec. 122. Littoral Combat Ship (LCS) program. 

Sec. 123. Report on F/A–18 procurement costs, comparing multiyear to annual. 

Sec. 124. Authority for advanced procurement and construction of components for 

the Virginia-class submarine program. 

Subtitle D—Air Force Programs 

Sec. 131. Maintenance of retired KC–135E aircraft. 

Sec. 132. Repeal of multi-year contract authority for procurement of tanker aircraft. 


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Sec. 133. Reports on KC–(X) tanker aircraft requirements. 

Sec. 134. F-22A fighter aircraft. 

Subtitle E—Joint and Multiservice Matters 

Sec. 141. Annual long-term plan for the procurement of aircraft for the Navy and 

the Air Force. 

Sec. 142. Report on body armor acquisition strategy. 

Sec. 143. Small arms acquisition strategy and requirements review. 

Sec. 144. Requirement for common ground stations and payloads for manned and 

unmanned aerial vehicle systems. 

Sec. 145. Report on future jet carrier trainer requirements of the Navy. 

Subtitle A—Authorization of 

Appropriations 

SEC. 101. ARMY. 

Funds are hereby authorized to be appropriated for fiscal year 

2009 for procurement for the Army as follows: 

(1) For aircraft, $4,848,835,000. 

(2) For missiles, $2,207,460,000. 

(3) For weapons and tracked combat vehicles, 

$3,516,398,000. 

(4) For ammunition, $2,280,791,000. 

(5) For other procurement, $11,143,076,000. 

(6) For the Joint Improvised Explosive Device Defeat Fund, 

$200,000,000. 

SEC. 102. NAVY AND MARINE CORPS. 

(a) NAVY.—Funds are hereby authorized to be appropriated for 

fiscal year 2009 for procurement for the Navy as follows: 

(1) For aircraft, $14,557,874,000. 

(2) For weapons, including missiles and torpedoes, 

$3,553,282,000. 

(3) For shipbuilding and conversion, $14,057,022,000. 

(4) For other procurement, $5,463,565,000. 

(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2009 for procurement for the Marine Corps 

in the amount of $1,486,189,000. 

(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 

authorized to be appropriated for fiscal year 2009 for procurement 

of ammunition for the Navy and the Marine Corps in the amount 

of $1,110,012,000. 

SEC. 103. AIR FORCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2009 for procurement for the Air Force as follows: 

(1) For aircraft, $12,826,858,000. 

(2) For ammunition, $894,478,000. 

(3) For missiles, $5,553,528,000. 

(4) For other procurement, $16,087,887,000. 

SEC. 104. DEFENSE-WIDE ACTIVITIES. 

Funds are hereby authorized to be appropriated for fiscal year 

2009 for Defense-wide procurement in the amount of 

$3,382,628,000. 


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SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2009 for the procurement of aircraft, missiles, wheeled and tracked 

combat vehicles, tactical wheeled vehicles, ammunition, other 

weapons, and other procurement for the reserve components of the 

Armed Forces in the amount of $800,000,000. 

Subtitle B—Army Programs 

SEC. 111. SEPARATE PROCUREMENT LINE ITEMS FOR FUTURE COMBAT SYSTEMS PROGRAM. 

Effective for the budget of the President submitted to Congress 

under section 1105(a) of title 31, United States Code, for fiscal year 

2011 and for each fiscal year thereafter, the Secretary of Defense 

shall ensure that a separate, dedicated procurement line item is 

designated for each of the following elements of the Future Combat 

Systems program (in this section referred to as ‘‘FCS’’), to the extent the budget includes funding for such elements: 

(1) FCS Manned Ground Vehicles. 

(2) FCS Unmanned Ground Vehicles. 

(3) FCS Unmanned Aerial Systems. 

(4) FCS Unattended Ground Systems. 

(5) Other FCS elements. 

SEC. 112. CLARIFICATION OF STATUS OF FUTURE COMBAT SYSTEMS 

PROGRAM LEAD SYSTEM INTEGRATOR. 

Section 802 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 206; 10 U.S.C. 2410p 

note) is amended by adding at the end the following new subsection: 

‘‘(e) STATUS OF FUTURE COMBAT SYSTEMS PROGRAM LEAD SYSTEM

INTEGRATOR.— 

‘‘(1) LEAD SYSTEMS INTEGRATOR.—In the case of the Future 

Combat Systems program, the prime contractor of the program 

shall be considered to be a lead systems integrator until 45 

days after the Secretary of the Army certifies in writing to the 

congressional defense committees that such contractor is no 

longer serving as the lead systems integrator. 

‘‘(2) NEW CONTRACTS.—In applying subsection (a)(1) or (a)(2), 

any modification to the existing contract for the Future Combat Systems program, for the purpose of entering into full-rate 

production of major systems or subsystems, shall be considered 

a new contract.’’. 

SEC. 113. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY TACTICAL RADIO PENDING REPORT. 

(a) REPORT REQUIRED.—Not later than March 30, 2009, the Assistant Secretary of Defense for Networks and Information Integration shall submit to the congressional defense committees a report 

on Army tactical radio fielding plans. The report shall include the 

following: 

(1) A description of the Army tactical radio fielding strategy, 

including a description of the overall combination of various 

tactical radio systems and how they integrate to provide communications and network capability. 


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(2) A detailed description of the combination of various tactical radio systems in use or planned for use for Army infantry 

brigade combat teams, heavy brigade combat teams, Stryker 

brigade combat teams, and Future Combat Systems brigade 

combat teams. 

(3) A description of the combination of various tactical radio 

systems in use or planned for use for Army support brigades, 

headquarters elements, and training units. 

(4) A description of the plan by the Army to integrate joint 

tactical radio systems, including the number of each type of 

joint tactical radio the Army plans to procure. 

(5) An assessment of the total cost of the tactical radio fielding strategy of the Army, including procurement of joint tactical radio systems. 

(b) RESTRICTION ON OBLIGATION OF FUNDS PENDING REPORT.—Of 

the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for fiscal year 

2009 for other procurement, Army, for tactical radio systems, not 

more than 75 percent may be obligated or expended until 30 days 

after the report required by subsection (a) is received by the congressional defense committees. 

SEC. 114. RESTRICTION ON OBLIGATION OF PROCUREMENT FUNDS 

FOR ARMED RECONNAISSANCE HELICOPTER PROGRAM 

PENDING CERTIFICATION. 

(a) CERTIFICATION REQUIRED.—The Under Secretary of Defense 

for Acquisition, Technology, and Logistics shall certify to the congressional defense committees that the Armed Reconnaissance Helicopter has— 

(1) satisfactorily been certified under section 2433(e)(2) of 

title 10, United States Code; 

(2) been restructured as an acquisition program by the 

Army; 

(3) satisfactorily completed a Limited User Test; and 

(4) been approved to enter Milestone C. 

(b) RESTRICTION ON OBLIGATION OF FUNDS PENDING CERTIFI- CATION.—Of the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for 

fiscal year 2009 for aircraft procurement, Army, for the Armed Reconnaissance Helicopter, not more than 20 percent may be obligated until 30 days after the certification required by subsection (a) 

is received by the congressional defense committees. 

SEC. 115. STRYKER MOBILE GUN SYSTEM. 

(a) LIMITATION ON AVAILABILITY OF FUNDS.—None of the 

amounts authorized to be appropriated by this Act for procurement 

of weapons and tracked combat vehicles for the Army may be obligated or expended for purposes of the procurement of the Stryker 

Mobile Gun System until the Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the congressional defense committees a written certification that the Under Secretary 

has approved a plan for the Army to mitigate all Stryker Mobile 

Gun System deficiencies. 

(b) REPORTS REQUIRED.—Not later than 60 days after the date of 

the enactment of this Act, and every 180 days thereafter until December 31, 2011, the Secretary of the Army, in consultation with 


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the Director of Operational Test and Evaluation, shall submit to 

the congressional defense committees a report on the status of actions by the Army to mitigate all Stryker Mobile Gun System deficiencies. Each report shall include the following: 

(1) An explanation of the plan by the Army to mitigate all 

Stryker Mobile Gun System deficiencies. 

(2) The cost estimate for implementing each mitigating action, and the status of funding for each mitigating action. 

(3) An inventory of the Stryker Mobile Gun System vehicle 

fleet that specifies which mitigating actions have been implemented. 

(4) An updated production and fielding schedule for Stryker 

Mobile Gun System vehicles required by the Army but not yet 

fielded as of the date of the report. 

(c) WAIVER AUTHORITY.—The Secretary of Defense may waive the 

limitation in subsection (a) if the Secretary— 

(1) determines that continued procurement of Stryker Mobile 

Gun System vehicles will provide a vital combat capability to 

the Armed Forces; and 

(2) submits to the congressional defense committees written 

notification of the waiver and a discussion of the reasons for 

the determination made under paragraph (1). 

(d) STRYKER MOBILE GUN SYSTEM DEFICIENCIES DEFINED.—In 

this section, the term ‘‘Stryker Mobile Gun System deficiencies’’ 

means deficiencies of the Stryker Mobile Gun System specified in 

the memorandum by the Department of Defense titled ‘‘Stryker 

Mobile Gun System (MGS) Acquisition Decision Memorandum’’ and 

dated August 5, 2008. 

Subtitle C—Navy Programs 

SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. THEODORE ROOSEVELT. 

(a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—Of the amount 

appropriated pursuant to the authorization of appropriations in 

section 102 or otherwise made available for shipbuilding, conversion, and repair, Navy, for fiscal year 2009, $124,500,000 is available for the commencement of the nuclear refueling and complex 

overhaul of the U.S.S. Theodore Roosevelt (CVN–71) during fiscal 

year 2009. The amount made available in the preceding sentence 

is the first increment in the three-year funding planned for the nuclear refueling and complex overhaul of that vessel. 

(b) CONTRACT AUTHORITY.—The Secretary of the Navy is authorized to enter into a contract during fiscal year 2009 for the nuclear 

refueling and overhaul of the U.S.S. Theodore Roosevelt (CVN–71). 

(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 

entered into under subsection (b) shall provide that any obligation 

of the United States to make a payment under the contract for a 

fiscal year after fiscal year 2009 is subject to the availability of appropriations for that purpose for that later fiscal year. 

SEC. 122. LITTORAL COMBAT SHIP (LCS) PROGRAM. 

Section 124 of the National Defense Authorization Act for fiscal 

Year 2006 (Public Law 109–163; 119 Stat. 3157), as amended by 


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section 125 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 29), is further amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘post-2007 LCS vessels’’ 

and inserting ‘‘post-2009 LCS vessels’’; and 

(B) in paragraph (3)— 

(i) in the paragraph heading, by striking ‘‘POST-2007

LCS VESSELS’’ and inserting ‘‘POST-2009 LCS VESSELS’’; 

and 

(ii) by striking ‘‘ ‘post-2007 LCS vessel’ ’’ and inserting ‘‘ ‘post-2009 LCS vessel’ ’’; 

(2) in subsection (b), by striking ‘‘post-2007 LCS vessels’’ and 

inserting ‘‘post-2009 LCS vessels’’; and 

(3) in subsection (c), by striking ‘‘post-2007 LCS vessels’’ and 

inserting ‘‘post-2009 LCS vessels’’. 

SEC. 123. REPORT ON F/A–18 PROCUREMENT COSTS, COMPARING 

MULTIYEAR TO ANNUAL. 

(a) IN GENERAL.—Not later than March 1, 2009, the Secretary of 

Defense shall submit to the congressional defense committees a report on F/A–18 procurement. The report shall include the following: 

(1) The number of F/A–18E/F and EA–18G aircraft programmed for procurement for fiscal years 2010 through 2015. 

(2) The estimated procurement costs for those aircraft, if procured through annual procurement contracts. 

(3) The estimated procurement costs for those aircraft, if procured through a multiyear procurement contract. 

(4) The estimated savings that could be derived from the procurement of those aircraft through a multiyear procurement 

contract, and whether the Secretary considers the amount of 

those savings to be substantial. 

(5) A discussion comparing the costs and benefits of obtaining those aircraft through annual procurement contracts with 

the costs and benefits of obtaining those aircraft through a 

multiyear procurement contract. 

(6) The recommendations of the Secretary regarding whether 

Congress should authorize a multiyear procurement contract 

for those aircraft. 

(b) CERTIFICATIONS REQUIRED.—If the Secretary recommends 

under subsection (a)(6) that Congress authorize a multiyear procurement contract for the aircraft, the Secretary shall include in 

the report under subsection (a) the certifications required by section 2306b of title 10, United States Code, to enable the award of 

a multiyear contract beginning with fiscal year 2010. 

SEC. 124. AUTHORITY FOR ADVANCED PROCUREMENT AND CONSTRUCTION OF COMPONENTS FOR THE VIRGINIA-CLASS 

SUBMARINE PROGRAM. 

Section 121 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 26) is amended— 

(1) by redesignating subsection (b) as subsection (c); and 

(2) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) ADVANCE PROCUREMENT AND CONSTRUCTION OF COMPONENTS.—The Secretary may enter into one or more contracts for 


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advance procurement and advance construction of those components for the Virginia-class submarine program for which authorization to enter into a multiyear procurement contract is granted 

under subsection (a) if the Secretary determines that cost savings 

or construction efficiencies may be achieved for Virginia-class submarines through the use of such contracts.’’. 

Subtitle D—Air Force Programs 

SEC. 131. MAINTENANCE OF RETIRED KC–135E AIRCRAFT. 

Section 135(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2114) 

is amended by striking ‘‘each KC–135E aircraft that is retired’’ and 

inserting ‘‘at least 74 of the KC–135E aircraft retired’’. 

SEC. 132. REPEAL OF MULTI-YEAR CONTRACT AUTHORITY FOR PROCUREMENT OF TANKER AIRCRAFT. 

Section 135 of the National Defense Authorization Act for Fiscal 

Year 2004 (10 U.S.C. 2401a note) is repealed. 

SEC. 133. REPORTS ON KC–(X) TANKER AIRCRAFT REQUIREMENTS. 

(a) REPORT REQUIRED.—Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report regarding the competition for the KC-(X) tanker aircraft that was terminated on September 10, 2008. The report shall 

include the following: 

(1) An examination of original requirements for the KC–(X) 

tanker aircraft, including an explanation for the use of the 

KC–135R tanker aircraft as the baseline for the KC–(X) tanker 

aircraft. 

(2) A summary of commercial derivative or commercial offthe-shelf aircraft available as potential aerial refueling platforms using aerial refueling capabilities (such as range, offload 

at range, and passenger and cargo capacity) in each of the following ranges: 

(A) Maximum gross take-off weight that is less than 

300,000 pounds. 

(B) Maximum gross take-off weight in the range from 

301,000 pounds maximum gross take-off weight to 550,000 

pound maximum gross take-off weight. 

(C) Maximum gross take-off weight in the range from 

551,000 pounds maximum gross take-off weight to 

1,000,000 pound maximum gross take-off weight. 

(D) Maximum gross take-off weight that is greater than 

1,000,000 pounds. 

(b) REASSESSMENT REQUIRED.—The Secretary of Defense shall reassess the requirements for aerial refueling that were validated by 

the Joint Requirements Oversight Council on December 27, 2006. 

Not later than 30 days after the reassessment, the Secretary shall 

submit to the congressional defense committees a report containing 

the complete results of the reassessment. 

SEC. 134. F-22A FIGHTER AIRCRAFT. 

(a) AVAILABILITY OF FUNDS.—Subject to subsection (b), of the 

amount authorized to be appropriated for procurement of aircraft 


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for the Air Force, $523,000,000 shall be available for advance procurement of F-22A fighter aircraft. 

(b) RESTRICTION ON OBLIGATION OF FUNDS PENDING CERTIFI- CATION.—Of the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for 

fiscal year 2009 for advance procurement, Air Force, for the F-22A, 

not more than $140,000,000 may be obligated until 15 days after 

the certification required by subsection (c) is received by the congressional defense committees. 

(c) CERTIFICATION.— (1) IN GENERAL.—Of the amount referred to in subsection (a), 

$383,000,000 shall not be available until the President certifies 

to the congressional defense committees that— 

(A) the procurement of F-22A fighter aircraft is in the 

national interest of the United States; or 

(B) the termination of the production line for F-22A 

fighter aircraft is in the national interest of the United 

States. 

(2) DATE OF SUBMITTAL.—Any certification submitted under 

this subsection may not be submitted before January 21, 2009, 

and must be submitted not later than March 1, 2009. 

Subtitle E—Joint and Multiservice Matters 

SEC. 141. ANNUAL LONG-TERM PLAN FOR THE PROCUREMENT OF AIRCRAFT FOR THE NAVY AND THE AIR FORCE. 

(a) IN GENERAL.—Chapter 9 of title 10, United States Code, is 

amended by inserting after section 231 the following new section: 

‘‘§ 231a. Budgeting for procurement of aircraft for the Navy 

and Air Force: annual plan and certification 

‘‘(a) ANNUAL AIRCRAFT PROCUREMENT PLAN AND CERTIFI- CATION.—The Secretary of Defense shall include with the defense 

budget materials for each fiscal year— 

‘‘(1) a plan for the procurement of the aircraft specified in 

subsection (b) for the Department of the Navy and the Department of the Air Force developed in accordance with this section; and 

‘‘(2) a certification by the Secretary that both the budget for 

such fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 

221 of this title provide for funding of the procurement of aircraft at a level that is sufficient for the procurement of the aircraft provided for in the plan under paragraph (1) on the 

schedule provided in the plan. 

‘‘(b) COVERED AIRCRAFT.—The aircraft specified in this subsection 

are the aircraft as follows: 

‘‘(1) Fighter aircraft. 

‘‘(2) Attack aircraft. 

‘‘(3) Bomber aircraft. 

‘‘(4) Strategic lift aircraft. 

‘‘(5) Intratheater lift aircraft. 

‘‘(6) Intelligence, surveillance, and reconnaissance aircraft. 

‘‘(7) Tanker aircraft. 


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‘‘(8) Any other major support aircraft designated by the Secretary of Defense for purposes of this section. 

‘‘(c) ANNUAL AIRCRAFT PROCUREMENT PLAN.—(1) The annual aircraft procurement plan developed for a fiscal year for purposes of 

subsection (a)(1) should be designed so that the aviation force provided for under the plan is capable of supporting the national security strategy of the United States as set forth in the most recent 

national security strategy report of the President under section 108 

of the National Security Act of 1947 (50 U.S.C. 404a), except that, 

if at the time the plan is submitted with the defense budget materials for that fiscal year, a national security strategy report required under such section 108 has not been submitted to Congress 

as required by paragraph (2) or paragraph (3), if applicable, of subsection (a) of such section, then the plan should be designed so that 

the aviation force provided for under the plan is capable of supporting the aviation force structure recommended in the report of 

the most recent Quadrennial Defense Review. 

‘‘(2) Each annual aircraft procurement plan shall include the following: 

‘‘(A) A detailed program for the procurement of the aircraft 

specified in subsection (b) for each of the Department of the 

Navy and the Department of the Air Force over the next 30 fiscal years. 

‘‘(B) A description of the necessary aviation force structure to 

meet the requirements of the national security strategy of the 

United States or the most recent Quadrennial Defense Review, 

whichever is applicable under paragraph (1). 

‘‘(C) The estimated levels of annual funding necessary to 

carry out the program, together with a discussion of the procurement strategies on which such estimated levels of annual 

funding are based. 

‘‘(D) An assessment by the Secretary of Defense of the extent 

to which the combined aircraft forces of the Department of the 

Navy and the Department of the Air Force meet the national 

security requirements of the United States. 

‘‘(d) ASSESSMENT WHEN AIRCRAFT PROCUREMENT BUDGET IS IN- SUFFICIENT TO MEET APPLICABLE REQUIREMENTS.—If the budget 

for a fiscal year provides for funding of the procurement of aircraft 

for either the Department of the Navy or the Department of the Air 

Force at a level that is not sufficient to sustain the aviation force 

structure specified in the aircraft procurement plan for such Department for that fiscal year under subsection (a), the Secretary 

shall include with the defense budget materials for that fiscal year 

an assessment that describes and discusses the risks associated 

with the reduced force structure of aircraft that will result from 

funding aircraft procurement at such level. Such assessment shall 

be coordinated in advance with the commanders of the combatant 

commands. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘budget’, with respect to a fiscal year, means 

the budget for that fiscal year that is submitted to Congress 

by the President under section 1105(a) of title 31. 

‘‘(2) The term ‘defense budget materials’, with respect to a 

fiscal year, means the materials submitted to Congress by the 


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Secretary of Defense in support of the budget for that fiscal 

year. 

‘‘(3) The term ‘Quadrennial Defense Review’ means the review of the defense programs and policies of the United States 

that is carried out every 4 years under section 118 of this 

title.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 9 of such title is amended by inserting after the 

item relating to section 231 the following new item: 

‘‘231a. Budgeting for procurement of aircraft for the Navy and Air Force: annual 

plan and certification.’’. 

SEC. 142. REPORT ON BODY ARMOR ACQUISITION STRATEGY. 

Not later than 120 days after the date of the enactment of this 

Act, the Secretary of Defense shall submit to the congressional defense committees a report that provides— 

(1) a survey and assessment of the capabilities, capacities, 

and risks of the domestic industrial base of the United States, 

including critical subcontractor suppliers, in meeting the requirements of the military departments for body armor during 

the 20 years following the date of the report; 

(2) an assessment of the long-term maintenance requirements of the body armor industrial base in the United States; 

(3) an assessment of body armor and related research, development, and acquisition objectives, priorities, and funding profiles for— 

(A) advances in the level of protection; 

(B) weight reduction; and 

(C) manufacturing productivity; 

(4) an assessment of the feasibility and advisability of establishing a separate, dedicated procurement line item for the acquisition of body armor and associated components for fiscal 

year 2011 and for each fiscal year thereafter; 

(5) an assessment of the feasibility and advisability of establishing an executive agent for the acquisition of body armor 

and associated components for the military departments beginning in fiscal year 2011; and 

(6) an assessment of existing initiatives used by the military 

departments to manage or execute body armor programs, including the Cross-Service Warfighter Equipment Board, the 

Joint Clothing and Textiles Governance Board, and advanced 

planning briefings for industry. 

SEC. 143. SMALL ARMS ACQUISITION STRATEGY AND REQUIREMENTS 

REVIEW. 

(a) SECRETARY OF DEFENSE REPORT.—Not later than 120 days 

after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report 

on the small arms requirements of the Armed Forces and the industrial base of the United States. The report shall include the following: 

(1) An assessment of Department of Defense-wide small 

arms requirements in terms of capabilities and quantities, 

based on an analysis of the small arms capability assessments 

of each military department. 


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(2) An assessment of plans for small arms research, development, and acquisition programs to meet the requirements identified under paragraph (1). 

(3) An assessment of capabilities, capacities, and risks in the 

small arms industrial base of the United States to meet the requirements of the Department of Defense for pistols, carbines, 

rifles, and light, medium, and heavy machine guns during the 

20 years following the date of the report. 

(4) An assessment of the costs, benefits, and risks of full and 

open competition for the procurement of non-developmental 

pistols and carbines that are not technically compatible with 

the M9 pistol or M4 carbine to meet the requirements identified under paragraph (1). 

(b) COMPETITION FOR A NEW INDIVIDUAL WEAPON.— 

(1) COMPETITION REQUIRED.—If the small arms capabilities 

based assessments by the Army identifies gaps in small arms 

capabilities and the Secretary of the Army determines that a 

new individual weapon is required to address such gaps, the 

Secretary shall procure the new individual weapon using full 

and open competition as described in paragraph (2). 

(2) FULL AND OPEN COMPETITION.—The full and open competition described in this paragraph is competition among all 

responsible manufacturers that— 

(A) is open to all developmental item solutions and nondevelopmental item solutions; and 

(B) provides for the award of a contract based on selection criteria that reflect the key performance parameters 

and attributes identified in a service requirements document approved by the Army. 

(c) SMALL ARMS DEFINED.—In this section, the term ‘‘small 

arms’’— 

(1) means man-portable or vehicle-mounted light weapons, 

designed primarily for use by individual military personnel for 

anti-personnel use; and 

(2) includes pistols, carbines, rifles, and light, medium, and 

heavy machine guns. 

SEC. 144. REQUIREMENT FOR COMMON GROUND STATIONS AND PAYLOADS FOR MANNED AND UNMANNED AERIAL VEHICLE 

SYSTEMS. 

(a) POLICY AND ACQUISITION STRATEGY REQUIRED.—The Secretary of Defense, in consultation with the Chairman of the Joint 

Chiefs of Staff, shall establish a policy and an acquisition strategy 

for intelligence, surveillance, and reconnaissance payloads and 

ground stations for manned and unmanned aerial vehicle systems. 

The policy and acquisition strategy shall be applicable throughout 

the Department of Defense and shall achieve integrated research, 

development, test, and evaluation, and procurement commonality. 

(b) OBJECTIVES.—The policy and acquisition strategy required by 

subsection (a) shall have the following objectives: 

(1) Procurement of common payloads by vehicle class, including— 

(A) signals intelligence; 

(B) electro optical; 

(C) synthetic aperture radar; 


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(D) ground moving target indicator; 

(E) conventional explosive detection; 

(F) foliage penetrating radar; 

(G) laser designator; 

(H) chemical, biological, radiological, nuclear, explosive 

detection; and 

(I) national airspace operations avionics or sensors, or 

both. 

(2) Commonality of ground system architecture by vehicle 

class. 

(3) Common management of vehicle and payloads procurement. 

(4) Ground station interoperability standardization. 

(5) Maximum use of commercial standard hardware and 

interfaces. 

(6) Open architecture software. 

(7) Acquisition of technical data rights in accordance with 

section 2320 of title 10, United States Code. 

(8) Acquisition of vehicles, payloads, and ground stations 

through competitive procurement. 

(9) Common standards for exchange of data and metadata. 

(c) AFFECTED SYSTEMS.—For the purposes of this section, the 

Secretary shall establish manned and unmanned aerial vehicle 

classes for all intelligence, surveillance, and reconnaissance programs of record based on factors such as vehicle weight, payload 

capacity, and mission. 

(d) REPORT.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the congressional 

defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee 

on Intelligence of the Senate a report containing— 

(1) the policy required by subsection (a); and 

(2) the acquisition strategy required by subsection (a). 

SEC. 145. 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. In addressing such requirements, the report shall include a 

plan based on the following: 

(1) Studies conducted by independent organizations concerning future jet carrier trainer requirements. 

(2) The results of a cost-benefit analysis comparing the creation of a new jet carrier trainer program with the modification of the current jet carrier trainer program in order to fulfill 

future jet carrier trainer requirements. 

TITLE II—RESEARCH, DEVELOPMENT, 

TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 


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Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Additional determinations to be made as part of Future Combat Systems 

milestone review. 

Sec. 212. Analysis of Future Combat Systems communications network and software. 

Sec. 213. Future Combat Systems manned ground vehicle Selected Acquisition Reports. 

Sec. 214. Separate procurement and research, development, test, and evaluation 

line items and program elements for Sky Warrior Unmanned Aerial 

Systems project. 

Sec. 215. Restriction on obligation of funds for the Warfighter Information Network–Tactical program. 

Sec. 216. Limitation on source of funds for certain Joint Cargo Aircraft expenditures. 

Sec. 217. Requirement for plan on overhead nonimaging infrared systems. 

Sec. 218. Advanced energy storage technology and manufacturing. 

Sec. 219. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. 

Sec. 220. Requirements for certain airborne intelligence collection systems. 

Sec. 221. Limitation on obligation of funds for Enhanced AN/TPQ–36 radar system 

pending submission of report. 

Subtitle C—Missile Defense Programs 

Sec. 231. Annual Director of Operational Test and Evaluation characterization of 

operational effectiveness, suitability, and survivability of the ballistic 

missile defense system. 

Sec. 232. Independent study of boost-phase missile defense. 

Sec. 233. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe. 

Sec. 234. Review of the ballistic missile defense policy and strategy of the United 

States. 

Sec. 235. Airborne Laser System. 

Sec. 236. Activation and deployment of AN/TPY–2 forward-based X-band radar. 

Subtitle D—Reports 

Sec. 241. Biennial reports on joint and service concept development and experimentation. 

Sec. 242. Report on participation of the historically black colleges and universities 

and minority-serving institutions in research and educational programs 

and activities of the Department of Defense. 

Sec. 243. Report on Department of Defense response to findings and recommendations of the Defense Science Board Task Force on Directed Energy 

Weapons. 

Subtitle E—Other Matters 

Sec. 251. Modification of systems subject to survivability testing oversight by the 

Director of Operational Test and evaluation. 

Sec. 252. Technology-neutral information technology guidelines and standards to 

support fully interoperable electronic personal health information for 

the Department of Defense and Department of Veterans Affairs. 

Sec. 253. Assessment of technology transition programs and repeal of reporting requirement. 

Sec. 254. Trusted defense systems. 

Sec. 255. Capabilities-based assessment to outline a joint approach for future development of vertical lift aircraft and rotorcraft. 

Sec. 256. Executive agent for printed circuit board technology. 

Sec. 257. Review of conventional prompt global strike technology applications and 

concepts. 


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1 House Concurrent Resolution 442, as agreed to in the House of Representatives by voice vote 

on October 2, 2008, and agreed to in the Senate by unanimous consent pursuant to the order 

of the Senate of October 2, 2008, directed the Secretary of the Senate to correct the enrollment 

of sections 201(1) and 202(a) as correctly reflected above. 

Subtitle A—Authorization of 

Appropriations 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2009 for the use of the Department of Defense for research, development, test, and evaluation as follows: 

(1) For the Army, $10,943,840,000 1. 

(2) For the Navy, $19,345,603,000. 

(3) For the Air Force, $26,289,508,000. 

(4) For Defense-wide activities, $21,131,501,000, of which 

$188,772,000 is authorized for the Director of Operational Test 

and Evaluation. 

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY. 

(a) FISCAL YEAR 2009.—Of the amounts authorized to be appropriated by section 201, $11,799,660,000 1 shall be available for the 

Defense Science and Technology Program, including basic research, 

applied research, and advanced technology development projects. 

(b) BASIC RESEARCH, APPLIED RESEARCH, AND ADVANCED TECHNOLOGY DEVELOPMENT DEFINED.—For purposes of this section, the 

term ‘‘basic research, applied research, and advanced technology 

development’’ means work funded in programs elements for defense 

research and development under Department of Defense budget activity 1, 2, or 3. 

Subtitle B—Program Requirements, 

Restrictions, and Limitations 

SEC. 211. ADDITIONAL DETERMINATIONS TO BE MADE AS PART OF FUTURE COMBAT SYSTEMS MILESTONE REVIEW. 

Section 214(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2123) 

is amended by striking paragraphs (4) through (6) and inserting 

the following new paragraphs: 

‘‘(4) Whether actual demonstrations, rather than simulations, have shown that the software for the program is on a 

path to achieve threshold requirements on cost and schedule. 

‘‘(5) Whether the program’s planned major communications 

network demonstrations are sufficiently complex and realistic 

to inform major program decision points. 

‘‘(6) The extent to which Future Combat Systems manned 

ground vehicle survivability is likely to be reduced in a degraded Future Combat Systems communications network environment. 

‘‘(7) The level of network degradation at which Future Combat Systems manned ground vehicle crew survivability is significantly reduced. 


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‘‘(8) The extent to which the Future Combat Systems communications network is capable of withstanding network attack, jamming, or other interference. 

‘‘(9) What the cost estimate for the program is, including all 

spin outs, and an assessment of the confidence level for that 

estimate. 

‘‘(10) What the affordability assessment for the program is, 

given projected Army budgets, based on the cost estimate referred to in paragraph (9).’’. 

SEC. 212. ANALYSIS OF FUTURE COMBAT SYSTEMS COMMUNICATIONS 

NETWORK AND SOFTWARE. 

(a) REPORT REQUIRED.—Not later than September 30, 2009, the 

Assistant Secretary of Defense for Networks and Information Integration shall submit to the congressional defense committees a report on the Future Combat Systems communications network and 

software. The report shall include the following: 

(1) An assessment of the vulnerability of the Future Combat 

Systems communications network and software to enemy network attack, in particular the effect of the use of significant 

amounts of commercial software in Future Combat Systems 

software. 

(2) An assessment of the vulnerability of the Future Combat 

Systems communications network to electronic warfare, jamming, and other potential enemy interference. 

(3) An assessment of the vulnerability of the Future Combat 

Systems communications network to adverse weather and complex terrain. 

(4) An assessment of the Future Combat Systems communication network’s dependence on satellite communications 

support, and an assessment of the network’s performance in 

the absence of assumed levels of satellite communications support. 

(5) An assessment of the performance of the Future Combat 

Systems communications network when operating in a degraded condition due to the factors analyzed in paragraphs (1), 

(2), (3), and (4), and how such a degraded network environment would affect the performance of Future Combat Systems 

brigades and the survivability of Future Combat Systems 

manned ground vehicles. 

(6) An assessment, developed in coordination with the Director of Operational Test and Evaluation, of the adequacy of the 

Future Combat Systems communications network testing 

schedule. 

(7) An assessment, developed in coordination with the Director of Operational Test and Evaluation, of the synchronization 

of the funding, schedule, and technology maturity of the 

Warfighter Information Network-Tactical and Joint Tactical 

Radio System programs in relation to the Future Combat Systems program, including any planned Future Combat Systems 

spin outs. 

(b) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 


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SEC. 213. FUTURE COMBAT SYSTEMS MANNED GROUND VEHICLE SELECTED ACQUISITION REPORTS. 

(a) REPORT REQUIRED.—Not later than February 15 of each of 

the years 2009 through 2015, the Secretary of the Army shall submit a Selected Acquisition Report under section 2432 of title 10, 

United States Code, to Congress for each Future Combat Systems 

manned ground vehicle variant. 

(b) REQUIRED ELEMENTS.—Each report required by subsection (a) 

shall include the same information required in comprehensive annual Selected Acquisition Reports under section 2432(c) of title 10, 

United States Code. 

(c) DEFINITION.—In this section, the term ‘‘manned ground vehicle variant’’ means— 

(1) the eight distinct variants of manned ground vehicles 

designated on pages seven and eight of the Future Combat 

Systems Selected Acquisition Report of the Department of Defense dated December 31, 2007; and 

(2) any additional manned ground vehicle variants designated in Future Combat Systems Acquisition Reports of the 

Department of Defense after the date of the enactment of this 

Act. 

SEC. 214. SEPARATE PROCUREMENT AND RESEARCH, DEVELOPMENT, 

TEST, AND EVALUATION LINE ITEMS AND PROGRAM ELEMENTS FOR SKY WARRIOR UNMANNED AERIAL SYSTEMS 

PROJECT. 

Effective for fiscal year 2010 and for each fiscal year thereafter, 

the Secretary of Defense shall ensure that, in the annual budget 

submission of the Department of Defense to the President, within 

both the account for procurement and the account for research, development, test, and evaluation, a separate, dedicated line item 

and program element is designated for the Sky Warrior Unmanned 

Aerial Systems project, to the extent such accounts include funding 

for such project. 

SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS FOR THE 

WARFIGHTER INFORMATION NETWORK–TACTICAL PROGRAM. 

(a) NOTIFICATION REQUIRED.—Not later than five days after the 

completion of all actions described in subsection (b), the Under Secretary of Defense for Acquisition, Technology, and Logistics shall 

submit to the congressional defense committees notice in writing of 

such completion. 

(b) COVERED ACTIONS.—An action described in this subsection is 

any of the following: 

(1) Approval by the Under Secretary of a new acquisition 

program baseline for the Warfighter Information Network–Tactical Increment 3 program (in this section referred to as the 

‘‘WIN-T Increment 3 program’’). 

(2) Completion of the independent cost estimate for the 

WIN–T Increment 3 program by the Cost Analysis Improvement Group, as required by the June 5, 2007, recertification by 

the Under Secretary. 

(3) Completion of the technology readiness assessment of the 

WIN–T Increment 3 program by the Director, Defense Research and Engineering, as required by the June 5, 2007, recertification by the Under Secretary. 


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(c) RESTRICTION ON OBLIGATION OF FUNDS PENDING NOTIFICATION.—Of the amounts appropriated pursuant to an authorization 

of appropriations in this Act or otherwise made available for research, development, test, and evaluation, Army, for fiscal year 

2009 for the WIN–T Increment 3 program, not more than 50 percent of those amounts may be obligated or expended until 15 days 

after the date on which the notification required by subsection (a) 

is received by the congressional defense committees. 

SEC. 216. LIMITATION ON SOURCE OF FUNDS FOR CERTAIN JOINT 

CARGO AIRCRAFT EXPENDITURES. 

(a) LIMITATION.—Of the amounts appropriated pursuant to an 

authorization of appropriations in this Act or otherwise made available for fiscal year 2009 or any fiscal year thereafter for the Army 

or the Air Force, the Secretary of the Army and the Secretary of 

the Air Force may fund relevant expenditures for the Joint Cargo 

Aircraft only through amounts made available for procurement or 

for research, development, test, and evaluation. 

(b) RELEVANT EXPENDITURES FOR THE JOINT CARGO AIRCRAFT

DEFINED.—In this section, the term ‘‘relevant expenditures for the 

Joint Cargo Aircraft’’ means expenditures relating to— 

(1) support equipment; 

(2) initial spares; 

(3) training simulators; 

(4) systems engineering and management; and 

(5) post-production modifications. 

SEC. 217. REQUIREMENT FOR PLAN ON OVERHEAD NONIMAGING INFRARED SYSTEMS. 

(a) IN GENERAL.—The Secretary of Defense, in consultation with 

the Director of National Intelligence, shall develop a comprehensive 

plan to conduct and support research, development, and demonstration of technologies that could evolve into the next generation of overhead nonimaging infrared systems. 

(b) ELEMENTS.—The plan required by subsection (a) shall include 

the following: 

(1) The research objectives to be achieved under the plan. 

(2) A description of the research, development, and demonstration activities under the plan. 

(3) An estimate of the duration of the research, development, 

and demonstration of technologies under the plan. 

(4) The cost and duration of any flight or on-orbit demonstrations of the technologies being developed. 

(5) A plan for implementing any acquisition programs with 

respect to technologies determined to be successful under the 

plan. 

(6) An identification of the date by which a decision must be 

made to begin any follow-on programs and a justification for 

the date identified. 

(7) A schedule for completion of a full analysis of the on-orbit 

performance characteristics of the Space-Based Infrared System and the Space Tracking and Surveillance System, and an 

assessment of how the performance characteristics of such systems will inform the decision to proceed to a next generation 

overhead nonimaging infrared system. 


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(c) LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS FOR

THIRD GENERATION INFRARED SURVEILLANCE PROGRAM.—Not more 

than 50 percent of the amounts authorized to be appropriated for 

fiscal year 2009 by section 201(3) for research, development, test, 

and evaluation for the Air Force and available for the Third Generation Infrared Surveillance program may be obligated or expended until the date that is 30 days after the date on which the 

Secretary submits to Congress the plan required by subsection (a). 

SEC. 218. ADVANCED ENERGY STORAGE TECHNOLOGY AND MANUFACTURING. 

(a) ROADMAP REQUIRED.—The Secretary of Defense, acting 

through the Director of Defense Research and Engineering, the 

Deputy Under Secretary of Defense for Industrial Policy, and service acquisition executives, shall, in coordination with the Secretary 

of Energy, develop a multi-year roadmap to develop advanced energy storage technologies and sustain domestic advanced energy 

storage technology manufacturing capabilities and an assured supply chain necessary to ensure that the Department of Defense has 

assured access to advanced energy storage technologies to support 

current military requirements and emerging military needs. 

(b) ELEMENTS.—The roadmap required by subsection (a) shall include, but not be limited to, the following: 

(1) An identification of current and future capability gaps, 

performance enhancements, cost savings goals, and assured 

technology access goals that require advances in energy storage technology and manufacturing capabilities. 

(2) Specific research, technology, and manufacturing goals 

and milestones, and timelines and estimates of funding necessary for achieving such goals and milestones. 

(3) A summary of applications for energy storage technologies by the Department of Defense and, for each type of 

application, an assessment of the demand for such technologies, in terms of quantity and military need. 

(4) Specific mechanisms for coordinating the activities of 

Federal agencies, State and local governments, coalition partners, private industry, and academia covered by the roadmap. 

(5) Such other matters as the Secretary of Defense and the 

Secretary of Energy consider appropriate for purposes of the 

roadmap. 

(c) COORDINATION.— 

(1) IN GENERAL.—The roadmap required by subsection (a) 

shall be developed in coordination with the military departments, appropriate Defense Agencies and other elements and 

organizations of the Department of Defense, other appropriate 

Federal, State, and local government organizations, and appropriate representatives of private industry and academia. 

(2) DEPARTMENT OF DEFENSE SUPPORT.—The Secretary of Defense shall ensure that appropriate elements and organizations 

of the Department of Defense provide such information and 

other support as is required for the development of the roadmap. 

(d) SUBMITTAL TO CONGRESS.—The Secretary of Defense shall 

submit to the congressional defense committees the roadmap reVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00063 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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quired by subsection (a) not later than one year after the date of 

the enactment of this Act. 

(e) ADVANCED ENERGY STORAGE TECHNOLOGY INITIATIVE INVESTMENT SUMMARY.—Not later than 6 months after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the expenditures for energy storage technologies within the Department of Defense, Defense Agencies, and military departments, for fiscal years 2008 and 

2009 and the projected expenditures for such technologies for fiscal 

year 2010. 

SEC. 219. MECHANISMS TO PROVIDE FUNDS FOR DEFENSE LABORATORIES FOR RESEARCH AND DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MISSIONS. 

(a) MECHANISMS TO PROVIDE FUNDS.— 

(1) IN GENERAL.—The Secretary of Defense, in consultation 

with the Secretaries of the military departments, shall establish mechanisms under which the director of a defense laboratory may use an amount of funds equal to not more than three 

percent of all funds available to the defense laboratory for the 

following purposes: 

(A) To fund innovative basic and applied research that 

is conducted at the defense laboratory and supports military missions. 

(B) To fund development programs that support the 

transition of technologies developed by the defense laboratory into operational use. 

(C) To fund workforce development activities that improve the capacity of the defense laboratory to recruit and 

retain personnel with needed scientific and engineering expertise. 

(2) CONSULTATION REQUIRED.—The mechanisms established 

under paragraph (1) shall provide that funding shall be used 

under paragraph (1) at the discretion of the director of a defense laboratory in consultation with the science and technology executive of the military department concerned. 

(b) ANNUAL REPORT ON USE OF AUTHORITY.— 

(1) IN GENERAL.—Not later than March 1 of each year, the 

Secretary of Defense shall submit to the congressional defense 

committees a report on the use of the authority under subsection (a) during the preceding year. 

(2) ELEMENTS.—Each report under paragraph (1) shall include, with respect to the year covered by such report, the following: 

(A) A description of the mechanisms used to provide 

funding under subsection (a)(1). 

(B) A statement of the amount of funding made available to each defense laboratory for research described 

under such subsection. 

(C) A description of the investments made by each defense laboratory using funds under such subsection. 

(D) A description and assessment of any improvements 

in the performance of the defense laboratories as a result 

of investments under such subsection. 


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(E) A description and assessment of the contributions to 

the development of needed military capabilities provided 

by research using funds under such subsection. 

(F) A description of any modification to the mechanisms 

under subsection (a) that would improve the efficacy of the 

authority under such subsection to support military missions. 

(c) SUNSET.—The authority under subsection (a) shall expire on 

October 1, 2013. 

SEC. 220. REQUIREMENTS FOR CERTAIN AIRBORNE INTELLIGENCE 

COLLECTION SYSTEMS. 

(a) IN GENERAL.—Except as provided pursuant to subsection (b), 

effective as of October 1, 2012, each airborne intelligence collection 

system of the Department of Defense that is connected to the Distributed Common Ground/Surface System shall have the capability 

to operate with the Network-Centric Collaborative Targeting System. 

(b) EXCEPTIONS.—The requirement in subsection (a) with respect 

to a particular airborne intelligence collection system may be 

waived by the Chairman of the Joint Requirements Oversight 

Council under section 181 of title 10, United States Code. Waivers 

under this subsection shall be made on a case-by-case basis. 

SEC. 221. LIMITATION ON OBLIGATION OF FUNDS FOR ENHANCED AN/ 

TPQ–36 RADAR SYSTEM PENDING SUBMISSION OF REPORT. 

Of the amounts appropriated pursuant to section 201(1) of this 

Act or otherwise made available for fiscal year 2009 for research, 

development, test, and evaluation, Army, for the Enhanced AN/ 

TPQ–36 radar system, not more than 70 percent of the amounts remaining unobligated as of the date of the enactment of this Act 

may be obligated until the Secretary of the Army submits to the 

congressional defense committees a report describing the plan to 

transition the Counter-Rockets, Artillery, and Mortars program to 

a program of record. 

Subtitle C—Missile Defense Programs 

SEC. 231. ANNUAL DIRECTOR OF OPERATIONAL TEST AND EVALUATION CHARACTERIZATION OF OPERATIONAL EFFECTIVENESS, SUITABILITY, AND SURVIVABILITY OF THE BALLISTIC MISSILE DEFENSE SYSTEM. 

(a) ANNUAL CHARACTERIZATION.—Section 232(h) of the National 

Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 

note) is amended— 

(1) by redesignating paragraph (2) as paragraph (3); 

(2) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) The Director of Operational Test and Evaluation shall also 

each year characterize the operational effectiveness, suitability, 

and survivability of the ballistic missile defense system, and its elements, that have been fielded or tested before the end of the preceding fiscal year.’’; and 


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(3) in paragraph (3), as redesignated by paragraph (1) of this 

subsection, by inserting ‘‘and the characterization under paragraph (2)’’ after ‘‘the assessment under paragraph (1)’’. 

(b) CONFORMING AMENDMENT.—The heading of such section is 

amended to read as follows: ‘‘ANNUAL OT&E ASSESSMENT AND

CHARACTERIZATION OF CERTAIN BALLISTIC MISSILE DEFENSE MAT- TERS.—’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2008, and shall apply with respect 

to fiscal years beginning on or after that date. 

SEC. 232. INDEPENDENT STUDY OF BOOST-PHASE MISSILE DEFENSE. 

(a) STUDY.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an 

agreement with the National Academy of Sciences to conduct an 

independent study of concepts and systems for boost-phase missile 

defense. 

(b) ELEMENTS.— (1) CONTENT.—The study required by subsection (a) shall address the following: 

(A) The extent to which boost-phase missile defense is 

technically feasible and practical. 

(B) Whether any demonstration efforts by the Department of Defense of boost-phase missile defense technology 

existing as of the date of the study (including the Airborne 

Laser and the Kinetic Energy Interceptor) have a high 

probability of performing a boost-phase missile defense 

mission in an operationally effective, suitable, and survivable manner. 

(2) SYSTEMS TO BE EXAMINED.—The study required by subsection (a) shall examine each of the following systems: 

(A) The Airborne Laser. 

(B) The Kinetic Energy Interceptor (land-based and seabased options). 

(C) Other existing boost-phase technology demonstration 

programs. 

(3) FACTORS TO BE EVALUATED.—The study shall evaluate 

each system identified in paragraph (2) based on the following 

factors: 

(A) Technical capability of the system against scenarios 

identified in paragraph (4). 

(B) Operational issues, including operational effectiveness. 

(C) The results of key milestone tests conducted prior to 

preparation of the report under subsection (c). 

(D) Survivability. 

(E) Suitability. 

(F) Concept of operations, including basing considerations. 

(G) Operations and maintenance support. 

(H) Command and control considerations, including 

timelines for detection, decision-making, and engagement. 

(I) Shortfall from intercepts. 

(J) Force structure requirements. 

(K) Effectiveness against countermeasures. 


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(L) Estimated cost of sustaining the system in the field. 

(M) Reliability, availability, and maintainability. 

(N) Geographic considerations, including limitations on 

the ability to deploy systems within operational range of 

potential targets. 

(O) Cost and cost-effectiveness, including total lifecycle 

cost estimates. 

(4) SCENARIOS TO BE ASSESSED.—The study shall include an 

assessment of each system identified in paragraph (2) regarding the performance and operational capabilities of the system— 

(A) to counter short-range, medium-range, and intermediate-range ballistic missile threats from rogue states to 

the deployed forces of the United States and its allies; and 

(B) to defend the territory of the United States against 

limited ballistic missile attack. 

(5) COMPARISON WITH NON-BOOST SYSTEMS.—The study shall 

include an assessment of the performance and operational capabilities of non-boost missile defense systems to counter the 

scenarios identified in paragraph (4). The results under this 

paragraph shall be compared to the results under paragraph 

(4). For purposes of this paragraph, non-boost missile defense 

systems include— 

(A) the Patriot PAC–3 system and the Medium Extended 

Air Defense System follow-on system; 

(B) the Aegis Ballistic Missile Defense system, with all 

variants of the Standard Missile-3 interceptor; 

(C) the Terminal High Altitude Area Defense system; 

and 

(D) the Ground-based Midcourse Defense system. 

(c) REPORT.— 

(1) IN GENERAL.—Upon the completion of the study required 

by subsection (a), but not later than October 31, 2010, the National Academy of Sciences shall submit to the Secretary of Defense and the congressional defense committees a report on the 

study. The report shall include such recommendations regarding the future direction of the boost-phase ballistic missile defense programs of the United States as the Academy considers 

appropriate. 

(2) FORM.—The report under paragraph (1) shall be submitted to the congressional defense committees in unclassified 

form, but may include a classified annex. 

(d) FUNDING.—Of the funds appropriated pursuant to the authorization of appropriations in section 201(4) for research, development, test, and evaluation, Defense-wide, and available for the Missile Defense Agency, $3,500,000 may be available to conduct the 

study required by subsection (a). 

(e) COOPERATION FROM GOVERNMENT.—In carrying out the 

study, the National Academy of Sciences shall receive the full and 

timely cooperation of the Secretary of Defense and any other Federal Government official in providing the Academy with analyses, 

briefings, and other information necessary for the fulfillment of its 

responsibilities. 


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SEC. 233. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT, CONSTRUCTION, AND DEPLOYMENT OF MISSILE 

DEFENSES IN EUROPE. 

(a) GENERAL LIMITATION.—No funds authorized to be appropriated by this Act or otherwise made available for the Department 

of Defense for fiscal year 2009 or any fiscal year thereafter may be 

obligated or expended for procurement, site activation, construction, preparation of equipment for, or deployment of a long-range 

missile defense system in Europe until the following conditions 

have been met: 

(1) In the case of the proposed midcourse radar element of 

such missile defense system, the host nation has signed and 

ratified the missile defense basing agreement and status of 

forces agreement that allow for the stationing in such nation 

of the radar and personnel to carry out the proposed deployment. 

(2) In the case of the proposed long-range missile defense interceptor site element of such missile defense system— 

(A) the condition in paragraph (1) has been met; and 

(B) the host nation has signed and ratified the missile 

defense basing agreement and status of forces agreement 

that allow for the stationing in such nation of the interceptor site and personnel to carry out the proposed deployment. 

(3) In the case of either element of such missile defense system described in paragraph (1) or (2), 45 days have elapsed following the receipt by the congressional defense committees of 

the report required by section 226(c)(6) of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 

122 Stat. 42). 

(b) ADDITIONAL LIMITATION.—In addition to the limitation in subsection (a), no funds authorized to be appropriated by this Act or 

otherwise made available for the Department of Defense for fiscal 

year 2009 may be obligated or expended for the acquisition (other 

than initial long-lead procurement) or deployment of operational 

missiles of a long-range missile defense system in Europe until the 

Secretary of Defense, after receiving the views of the Director of 

Operational Test and Evaluation, submits to the congressional defense committees a report certifying that the proposed interceptor 

to be deployed as part of such missile defense system has demonstrated, through successful, operationally realistic flight testing, 

a high probability of working in an operationally effective manner 

and the ability to accomplish the mission. 

(c) CONSTRUCTION.—Nothing in this section shall be construed to 

limit continuing obligation and expenditure of funds for missile defense, including for research and development and for other activities not otherwise limited by subsection (a) or (b), including, but 

not limited to, site surveys, studies, analysis, and planning and design for the proposed missile defense deployment in Europe. 

SEC. 234. REVIEW OF THE BALLISTIC MISSILE DEFENSE POLICY AND 

STRATEGY OF THE UNITED STATES. 

(a) REVIEW REQUIRED.—The Secretary of Defense shall conduct a 

review of the ballistic missile defense policy and strategy of the 

United States. 


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(b) ELEMENTS.—The matters addressed by the review required by 

subsection (a) shall include the following: 

(1) The ballistic missile defense policy of the United States 

in relation to the overall national security policy of the United 

States. 

(2) The ballistic missile defense strategy and objectives of the 

United States in relation to the national security strategy of 

the United States and the military strategy of the United 

States. 

(3) The ballistic missile threat to the United States, deployed 

forces of the United States, and friends and allies of the United 

States from short, medium, intermediate, and long-range ballistic missile threats. 

(4) The organization, discharge, and oversight of acquisition 

for the ballistic missile defense programs of the United States. 

(5) The roles and responsibilities of the Office of the Secretary of Defense, defense agencies, combatant commands, the 

Joint Chiefs of Staff, and the military departments in such programs. 

(6) The process for determining requirements for missile defense capabilities under such programs, including input from 

the joint military requirements process. 

(7) The process for determining the force structure and inventory objectives for such programs. 

(8) Standards for the military utility, operational effectiveness, suitability, and survivability of the ballistic missile defense systems of the United States. 

(9) The method in which resources for the ballistic missile 

defense mission are planned, programmed, and budgeted within the Department of Defense. 

(10) The near-term and long-term affordability and cost-effectiveness of such programs. 

(11) The objectives, requirements, and standards for test and 

evaluation with respect to such programs. 

(12) Accountability, transparency, and oversight with respect 

to such programs. 

(13) The role of international cooperation on missile defense 

in the ballistic missile defense policy and strategy of the 

United States. 

(14) Any other matters the Secretary determines relevant. 

(c) REPORT.— 

(1) IN GENERAL.—Not later than January 31, 2010, the Secretary shall submit to Congress a report setting forth the results of the review required by subsection (a). 

(2) FORM.—The report required by this subsection shall be in 

unclassified form, but may include a classified annex. 

SEC. 235. AIRBORNE LASER SYSTEM. 

(a) REPORT ON DIRECTOR OF OPERATIONAL TEST AND EVALUATION

ASSESSMENT OF TESTING.—Not later than January 15, 2010, the 

Director of Operational Test and Evaluation shall— 

(1) review and evaluate the testing conducted on the first 

Airborne Laser System aircraft, including the planned shootdown demonstration testing; and 


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(2) submit to the Secretary of Defense and to Congress an 

assessment by the Director of the operational effectiveness, 

suitability, and survivability of the Airborne Laser System. 

(b) LIMITATION ON AVAILABILITY OF FUNDS FOR LATER AIRBORNE

LASER SYSTEM AIRCRAFT.—No funds appropriated pursuant to an 

authorization of appropriations or otherwise made available for the 

Department of Defense may be obligated or expended for the procurement of a second or subsequent aircraft for the Airborne Laser 

System program until the later of the following dates: 

(1) The date on which the Secretary of Defense, after receiving the assessment under subsection (a)(2), submits to Congress a certification that the Airborne Laser System has demonstrated, through successful testing and operational and cost 

analysis, a high probability of being operationally effective, 

suitable, survivable, and affordable. 

(2) The date that is 60 days after the date on which Congress 

receives the independent assessment of boost-phase missile defense required by section 232. 

SEC. 236. ACTIVATION AND DEPLOYMENT OF AN/TPY–2 FORWARDBASED X-BAND RADAR. 

(a) AVAILABILITY OF FUNDS.—Subject to subsection (b), of the 

amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defense-wide activities, 

up to $89,000,000 may be available for Ballistic Missile Defense 

Sensors for the activation and deployment of the AN/TPY–2 forward-based X-band radar to a classified location. 

(b) LIMITATION.— 

(1) IN GENERAL.—Funds may not be available under subsection (a) for the purpose specified in that subsection until the 

Secretary of Defense submits to the Committees on Armed 

Services of the Senate and the House of Representatives a report on the deployment of the AN/TPY–2 forward-based X-band 

radar as described in that subsection, including: 

(A) The location of deployment of the radar. 

(B) A description of the operational parameters of the 

deployment of the radar, including planning for force protection. 

(C) A description of any recurring and non-recurring expenses associated with the deployment of the radar. 

(D) A description of the cost-sharing arrangements between the United States and the country in which the 

radar will be deployed regarding the expenses described in 

subparagraph (C). 

(E) A description of the other terms and conditions of the 

agreement between the United States and such country regarding the deployment of the radar. 

(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 


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Subtitle D—Reports 

SEC. 241. BIENNIAL REPORTS ON JOINT AND SERVICE CONCEPT DEVELOPMENT AND EXPERIMENTATION. 

(a) IN GENERAL.—Section 485 of title 10, United States Code, is 

amended to read as follows: 

‘‘§ 485. Joint and service concept development and experimentation 

‘‘(a) BIENNIAL REPORTS REQUIRED.—Not later than January 1 of 

each even numbered-year, the Secretary of Defense or the Secretary’s designee shall submit to the congressional defense committees a report on the conduct and outcomes of joint and service concept development and experimentation. 

‘‘(b) MATTERS TO BE INCLUDED.—Each report under subsection 

(a) shall include the following: 

‘‘(1) A description of any changes since the latest report submitted under this section to each of the following: 

‘‘(A) The organization of the Department of Defense responsible for executing the mission of joint concept development and experimentation, or its specific authorities related to that mission. 

‘‘(B) The process for tasking forces (including forces designated as joint experimentation forces) to participate in 

joint concept development and experimentation, and the 

specific authority of the organization responsible for executing the mission of joint concept development and experimentation over those forces. 

‘‘(C) The resources provided for initial implementation of 

joint concept development and experimentation, the process for providing such resources to the organization responsible for executing the mission of joint concept development and experimentation, the categories of funding for 

joint concept development and experimentation, and the 

authority of the organization responsible for executing the 

mission of joint concept development and experimentation 

for budget execution for such activities. 

‘‘(D) The assigned role of the organization responsible for 

executing the mission of joint concept development and experimentation for— 

‘‘(i) integrating and testing in joint concept development and experimentation the systems that emerge 

from warfighting experimentation by the armed forces 

and the Defense Agencies; 

‘‘(ii) assessing the effectiveness of organizational 

structures, operational concepts, and technologies relating to joint concept development and experimentation; and 

‘‘(iii) assisting the Secretary of Defense and the 

Chairman of the Joint Chiefs of Staff in setting priorities for requirements or acquisition programs in light 

of joint concept development and experimentation. 

‘‘(2) A description of the conduct of joint concept development 

and experimentation activities, and of concept development 


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and experimentation activities of each of the military departments, during the two-year period ending on the date of such 

report, including— 

‘‘(A) the funding involved; 

‘‘(B) the number of activities engaged in; 

‘‘(C) the forces involved; 

‘‘(D) the national and homeland security challenges addressed; 

‘‘(E) the operational concepts assessed; 

‘‘(F) the technologies assessed; 

‘‘(G) the scenarios and measures of effectiveness utilized; 

and 

‘‘(H) specific interactions under such activities with the 

commanders of the combatant commands and with other 

organizations and entities inside and outside the Department. 

‘‘(3) A description of the conduct of joint concept development 

and experimentation, and of the conduct of concept development and experimentation by each of the military departments, during the two-year period ending on the date of such 

report with respect to the development of warfighting concepts 

for operational scenarios more than 10 years in the future, including— 

‘‘(A) the funding involved; 

‘‘(B) the number of activities engaged in; 

‘‘(C) the forces involved; 

‘‘(D) the challenges addressed; 

‘‘(E) the operational concepts assessed; 

‘‘(F) the technologies assessed; 

‘‘(G) the scenarios and measures of effectiveness utilized; 

and 

‘‘(H) specific interactions with the commanders of the 

combatant commands and with other organizations and 

entities inside and outside the Department. 

‘‘(4) A description of the mechanisms used to coordinate joint, 

service, interagency, Coalition, and other appropriate concept 

development and experimentation activities. 

‘‘(5) An assessment of the return on investment in concept 

development and experimentation activities, including a description of the following: 

‘‘(A) Specific outcomes and impacts within the Department of the results of past joint and service concept development and experimentation in terms of new doctrine, 

operational concepts, organization, training, materiel, leadership, personnel, or the allocation of resources, or in activities that terminated support for legacy concepts, programs, or systems. 

‘‘(B) Specific actions taken to implement the recommendations of the Commander of United States Joint 

Forces Command based on joint concept development and 

experimentation activities. 

‘‘(6) Such recommendations (based primarily on the results of 

joint and service concept development and experimentation) as 

the Secretary considers appropriate for enhancing the developVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00072 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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ment of joint warfighting capabilities by modifying activities 

throughout the Department relating to— 

‘‘(A) the development or acquisition of specific advanced 

technologies, systems, or weapons or systems platforms; 

‘‘(B) key systems attributes and key performance parameters for the development or acquisition of advanced technologies and systems; 

‘‘(C) joint or service doctrine, organization, training, materiel, leadership development, personnel, or facilities; 

‘‘(D) the reduction or elimination of redundant equipment and forces, including the synchronization of the development and fielding of advanced technologies among 

the armed forces to enable the development and execution 

of joint operational concepts; and 

‘‘(E) the development or modification of initial capabilities documents, operational requirements, and relative priorities for acquisition programs to meet joint requirements. 

‘‘(7) With respect to improving the effectiveness of joint concept development and experimentation capabilities, such recommendations (based primarily on the results of joint 

warfighting experimentation) as the Secretary considers appropriate regarding— 

‘‘(A) the conduct of, adequacy of resources for, or development of technologies to support such capabilities; and 

‘‘(B) changes in support from other elements of the Department responsible for concept development and experimentation by joint or service organizations. 

‘‘(8) The coordination of the concept development and experimentation activities of the Commander of the United States 

Joint Forces Command with the activities of the Commander 

of the North Atlantic Treaty Organization Supreme Allied 

Command Transformation. 

‘‘(9) Any other matters that the Secretary consider appropriate. 

‘‘(c) COORDINATION AND SUPPORT.—The Secretary of Defense 

shall ensure that the Secretaries of the military departments and 

the heads of other appropriate elements of the Department of Defense provide such information and support as is required for the 

preparation of the reports required by this section.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 485 and inserting the following new item: 

‘‘485. Joint and service concept development and experimentation.’’. 

SEC. 242. REPORT ON PARTICIPATION OF THE HISTORICALLY BLACK 

COLLEGES AND UNIVERSITIES AND MINORITY-SERVING 

INSTITUTIONS IN RESEARCH AND EDUCATIONAL PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—The Secretary of Defense shall carry out an 

independent assessment of the participation of covered educational 

institutions in research and educational programs and activities of 

the Department of Defense. 

(b) REPORT.—Not later than 12 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the 


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congressional defense committees a report on the assessment required under subsection (a). 

(c) MATTERS INCLUDED.—The report required under subsection 

(b) shall include the following: 

(1) A description of research, training, technical assistance, 

infrastructure support, and educational programs and activities conducted by the Department of Defense in support of covered educational institutions. 

(2) A survey of the level of participation of covered educational institutions in programs described in paragraph (1), 

and lessons learned from the survey. 

(3) An assessment of the relevance, including outcomes and 

effects, of the programs and activities identified in paragraph 

(1) to the research and educational programs, activities, and 

missions of the Department of Defense. 

(4) An assessment of additional activities by the Department 

of Defense that support covered educational institutions whose 

primary focus is the training and educating of minority scientists, engineers, and technicians. 

(5) An assessment of barriers to the participation of covered 

educational institutions in the research and educational programs and activities of the Department of Defense. 

(6) Recommendations to increase the capacity of covered educational institutions to participate in research and educational 

programs and activities that are critical to the national security functions of the Department of Defense. 

(7) Any other matters the Secretary of Defense considers appropriate. 

(d) COOPERATION OF DEFENSE ORGANIZATIONS.—The Secretary of 

Defense shall ensure that the relevant elements of the Department 

of Defense provide all information necessary for the completion of 

the assessment required under subsection (a). 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘covered educational institutions’’ means— 

(A) a historically Black college or university that is a 

part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); 

(B) a minority institution, as defined in section 365(3) of 

that Act (20 U.S.C. 1067k(3)); 

(C) a Hispanic-serving institution, as defined in section 

502(a)(5) of that Act (20 U.S.C. 1101a(a)(5)); 

(D) a Tribal College or University, as defined in section 

316(b)(3) of that Act (20 U.S.C. 1059c(b)(3)); and 

(E) other minority postsecondary institutions. 

(2) The term ‘‘research and educational programs and activities’’ includes programs and activities relating to research, development, test, and evaluation and education. 

SEC. 243. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO FINDINGS AND RECOMMENDATIONS OF THE DEFENSE 

SCIENCE BOARD TASK FORCE ON DIRECTED ENERGY 

WEAPONS. 

(a) REPORT REQUIRED.—Not later than January 1, 2010, the Secretary of Defense shall submit to the Committee on Armed Services 

of the Senate and the Committee on Armed Services of the House 


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of Representatives a report on the implementation of the recommendations of the Defense Science Board Task Force on Directed Energy Weapons. 

(b) ELEMENTS.—The report required by subsection (a) shall include the following: 

(1) An analysis of each of the findings and recommendations 

of the Defense Science Board Task Force on Directed Energy 

Weapons. 

(2) A detailed description of the response of the Department 

of Defense to each finding and recommendation of the Task 

Force, including— 

(A) for each recommendation that is being implemented 

or that the Secretary plans to implement— 

(i) a summary of actions that have been taken to implement such recommendation; and 

(ii) a schedule, with specific milestones, for completing the implementation of such recommendation; 

and 

(B) for each recommendation that the Secretary does not 

plan to implement— 

(i) the reasons for the decision not to implement 

such recommendation; and 

(ii) a summary of the alternative actions the Secretary plans to take to address the purposes underlying such recommendation. 

(3) A summary of any additional actions the Secretary plans 

to take to address concerns raised by the Task Force. 

Subtitle E—Other Matters 

SEC. 251. MODIFICATION OF SYSTEMS SUBJECT TO SURVIVABILITY 

TESTING OVERSIGHT BY THE DIRECTOR OF OPERATIONAL TEST AND EVALUATION. 

(a) AUTHORITY TO DESIGNATE ADDITIONAL SYSTEMS AS MAJOR

SYSTEMS AND PROGRAMS SUBJECT TO TESTING.—Section 2366(e)(1) 

of title 10, United States Code, is amended to read as follows: 

‘‘(1) The term ‘covered system’ means— 

‘‘(A) a vehicle, weapon platform, or conventional weapon 

system that— 

‘‘(i) includes features designed to provide some degree of protection to users in combat; and 

‘‘(ii) is a major system as defined in section 2302(5) 

of this title; or 

‘‘(B) any other system or program designated by the Secretary of Defense for purposes of this section.’’. 

(b) REVISION TO REPORT REQUIREMENT.—Section 2366(d) of such 

title is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘At the conclusion’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) If a decision is made within the Department of Defense to 

proceed to operational use of a system, or to make procurement 

funds available for a system, before Milestone C approval of that 

system, the Secretary of Defense shall submit to the congressional 


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defense committees, as soon as practicable after such decision, the 

following: 

‘‘(A) A report describing the status of survivability and live 

fire testing of that system. 

‘‘(B) The report required under paragraph (1).’’. 

(c) FORCE PROTECTION EQUIPMENT.—Section 139(b) of such title 

is amended— 

(1) by striking paragraph (3); and 

(2) by redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively. 

SEC. 252. TECHNOLOGY-NEUTRAL INFORMATION TECHNOLOGY 

GUIDELINES AND STANDARDS TO SUPPORT FULLY INTEROPERABLE ELECTRONIC PERSONAL HEALTH INFORMATION FOR THE DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS. 

Section 1635 of the Wounded Warrior Act (title XVI of Public 

Law 110–181; 122 Stat. 460; 10 U.S.C. 1071 note) is amended— 

(1) in subsection (h)(1), by adding at the end the following 

new subparagraphs: 

‘‘(C) A description and analysis of the level of interoperability and security of technologies for sharing healthcare 

information among the Department of Defense, the Department of Veterans Affairs, and their transaction partners. 

‘‘(D) A description and analysis of the problems the Department of Defense and the Department of Veterans Affairs are having with, and the progress such departments 

are making toward, ensuring interoperable and secure 

healthcare information systems and electronic healthcare 

records.’’; and 

(2) by adding at the end the following new subsection: 

‘‘(j) TECHNOLOGY-NEUTRAL GUIDELINES AND STANDARDS.—The 

Director, in consultation with industry and appropriate Federal 

agencies, shall develop, or shall adopt from industry, technologyneutral information technology infrastructure guidelines and standards for use by the Department of Defense and the Department of 

Veterans Affairs to enable those departments to effectively select 

and utilize information technologies to meet the requirements of 

this section.’’. 

SEC. 253. ASSESSMENT OF TECHNOLOGY TRANSITION PROGRAMS AND 

REPEAL OF REPORTING REQUIREMENT. 

(a) ASSESSMENT AND REPORT REQUIRED.— 

(1) IN GENERAL.—The Under Secretary of Defense for Acquisition, Technology, and Logistics shall assess the feasibility of 

consolidating the various technology transition programs in the 

Department of Defense into a unified effort managed by a senior official of the Department. 

(2) PROGRAMS INCLUDED.—The assessment required by paragraph (1) shall include— 

(A) the technology transition programs managed or overseen by the Secretary of Defense; and 

(B) as the Under Secretary considers appropriate, the 

technology transition programs of the military departments. 


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(3) REPORT.—Not later than October 1, 2009, the Under Secretary shall submit to the congressional defense committees a 

report on the assessment required by paragraph (1). The report 

shall include the following: 

(A) A description of each of the technology transition 

programs considered as part of the assessment. 

(B) An evaluation of the extent to which each technology 

transition program fulfills its intended mission and supports effective and efficient technology transition. 

(C) For each technology transition program considered in 

the assessment, a summary of the funding available for 

the five fiscal years preceding the date on which the report 

is submitted. 

(D) The conclusion of the Under Secretary as to whether 

there are any benefits in consolidating the technology transition programs into a unified effort managed by a senior 

official of the Department of Defense. 

(E) Recommendations to add, repeal, or amend statutes 

or regulations in order to more effectively enable technology transition. 

(F) Recommendations regarding the appropriate management structure, fiscal controls, and stakeholder engagement required to ensure that a unified technology transition program will cost-effectively and efficiently enable 

technology transition. 

(b) REPORTING REQUIREMENT REPEALED.—Section 2359a of title 

10, United States Code, is amended— 

(1) by striking subsection (h); and 

(2) by redesignating subsection (i) as subsection (h). 

SEC. 254. TRUSTED DEFENSE SYSTEMS. 

(a) VULNERABILITY ASSESSMENT REQUIRED.—The Secretary of 

Defense shall conduct an assessment of selected covered acquisition 

programs to identify vulnerabilities in the supply chain of each program’s electronics and information processing systems that potentially compromise the level of trust in the systems. Such assessment shall— 

(1) identify vulnerabilities at multiple levels of the electronics and information processing systems of the selected programs, including microcircuits, software, and firmware; 

(2) prioritize the potential vulnerabilities and effects of the 

various elements and stages of the system supply chain to 

identify the most effective balance of investments to minimize 

the effects of compromise; 

(3) provide recommendations regarding ways of managing 

supply chain risk for covered acquisition programs; and 

(4) identify the appropriate lead person, and supporting elements, within the Department of Defense for the development 

of an integrated strategy for managing risk in the supply chain 

for covered acquisition programs. 

(b) ASSESSMENT OF METHODS FOR VERIFYING THE TRUST OF SEMICONDUCTORS PROCURED FROM COMMERCIAL SOURCES.—The Under 

Secretary of Defense for Acquisition, Technology, and Logistics, in 

consultation with appropriate elements of the Department of Defense, the intelligence community, private industry, and academia, 


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shall conduct an assessment of various methods of verifying the 

trust of semiconductors procured by the Department of Defense 

from commercial sources for use in mission-critical components of 

potentially vulnerable defense systems. The assessment shall include the following: 

(1) An identification of various methods of verifying the trust 

of semiconductors, including methods under development at 

the Defense Agencies, government laboratories, institutions of 

higher education, and in the private sector. 

(2) A determination of the methods identified under paragraph (1) that are most suitable for the Department of Defense. 

(3) An assessment of the additional research and technology 

development needed to develop methods of verifying the trust 

of semiconductors that meet the needs of the Department of 

Defense. 

(4) Any other matters that the Under Secretary considers appropriate. 

(c) STRATEGY REQUIRED.— 

(1) IN GENERAL.—The lead person identified under subsection (a)(4), in cooperation with the supporting elements also 

identified under such subsection, shall develop an integrated 

strategy— 

(A) for managing risk— 

(i) in the supply chain of electronics and information 

processing systems for covered acquisition programs; 

and 

(ii) in the procurement of semiconductors; and 

(B) that ensures dependable, continuous, long-term access and trust for all mission-critical semiconductors procured from both foreign and domestic sources. 

(2) REQUIREMENTS.—At a minimum, the strategy shall— 

(A) address the vulnerabilities identified by the assessment under subsection (a); 

(B) reflect the priorities identified by such assessment; 

(C) provide guidance for the planning, programming, 

budgeting, and execution process in order to ensure that 

covered acquisition programs have the necessary resources 

to implement all appropriate elements of the strategy; 

(D) promote the use of verification tools, as appropriate, 

for ensuring trust of commercially acquired systems; 

(E) increase use of trusted foundry services, as appropriate; and 

(F) ensure sufficient oversight in implementation of the 

plan. 

(d) POLICIES AND ACTIONS FOR ASSURING TRUST IN INTEGRATED

CIRCUITS.—Not later than 180 days after the date of the enactment 

of this Act, the Secretary of Defense shall— 

(1) develop policy requiring that trust assurance be a high 

priority for covered acquisition programs in all phases of the 

electronic component supply chain and integrated circuit development and production process, including design and design 

tools, fabrication of the semiconductors, packaging, final assembly, and test; 


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(2) develop policy requiring that programs whose electronics 

and information systems are determined to be vital to operational readiness or mission effectiveness are to employ trusted 

foundry services to fabricate their custom designed integrated 

circuits, unless the Secretary specifically authorizes otherwise; 

(3) incorporate the strategies and policies of the Department 

of Defense regarding development and use of trusted integrated circuits into all relevant Department directives and instructions related to the acquisition of integrated circuits and 

programs that use such circuits; and 

(4) take actions to promote the use and development of tools 

that verify the trust in all phases of the integrated circuit development and production process of mission-critical parts acquired from non-trusted sources. 

(e) SUBMISSION TO CONGRESS.—Not later than 12 months after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees— 

(1) the assessments required by subsections (a) and (b); 

(2) the strategy required by subsection (c); and 

(3) a description of the policies developed and actions taken 

under subsection (d). 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘covered acquisition programs’’ means an acquisition program of the Department of Defense that is a major 

system for purposes of section 2302(5) of title 10, United States 

Code. 

(2) The terms ‘‘trust’’ and ‘‘trusted’’ refer, with respect to 

electronic and information processing systems, to the ability of 

the Department of Defense to have confidence that the systems 

function as intended and are free of exploitable vulnerabilities, 

either intentionally or unintentionally designed or inserted as 

part of the system at any time during its life cycle. 

(3) The term ‘‘trusted foundry services’’ means the program 

of the National Security Agency and the Department of Defense, or any similar program approved by the Secretary of Defense, for the development and manufacture of integrated circuits for critical defense systems in secure industrial environments. 

SEC. 255. CAPABILITIES-BASED ASSESSMENT TO OUTLINE A JOINT APPROACH FOR FUTURE DEVELOPMENT OF VERTICAL LIFT 

AIRCRAFT AND ROTORCRAFT. 

(a) ASSESSMENT REQUIRED.—The Secretary of Defense and the 

Chairman of the Joint Chiefs of Staff shall carry out a capabilitiesbased assessment that outlines a joint approach to the future development of vertical lift aircraft and rotorcraft for all of the Armed 

Forces. The assessment shall— 

(1) address critical technologies required for future development, including a technology roadmap; 

(2) include the development of a detailed science and technology investment and implementation plan and an identification of the resources required to implement such plan; and 

(3) include the development of a strategic plan that— 


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(A) formalizes the strategic vision of the Department of 

Defense for the next generation of vertical lift aircraft and 

rotorcraft; 

(B) establishes joint requirements for the next generation of vertical lift aircraft and rotorcraft technology; and 

(C) emphasizes the development of common service requirements. 

(b) REPORT.—The Secretary and the Chairman shall submit to 

the congressional defense committees a report on the assessment 

under subsection (a). The report shall include— 

(1) the technology roadmap referred to in subsection (a)(1); 

(2) the plan and the identification of resources referred to in 

subsection (a)(2); 

(3) the strategic plan referred to in subsection (a)(3); and 

(4) a detailed plan to establish a Joint Vertical Lift Aircraft/ 

Rotorcraft Office based on lessons learned from the Joint Advanced Strike Technology Office. 

SEC. 256. EXECUTIVE AGENT FOR PRINTED CIRCUIT BOARD TECHNOLOGY. 

(a) EXECUTIVE AGENT.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall designate 

a senior official of the Department of Defense to act as the executive agent for printed circuit board technology. 

(b) ROLES, RESPONSIBILITIES, AND AUTHORITIES.— (1) ESTABLISHMENT.—Not later than one year after the date 

of the enactment of this Act, and in accordance with Directive 

5101.1, the Secretary of Defense shall prescribe the roles, responsibilities, and authorities of the executive agent designated 

under subsection (a). 

(2) SPECIFICATION.—The roles and responsibilities of the executive agent designated under subsection (a) shall include 

each of the following: 

(A) Development and maintenance of a printed circuit 

board and interconnect technology roadmap that ensures 

that the Department of Defense has access to the manufacturing capabilities and technical expertise necessary to 

meet future military requirements regarding such technology. 

(B) Development of recommended funding strategies necessary to meet the requirements of the roadmap developed 

under subparagraph (A). 

(C) Assessment of the vulnerabilities, trustworthiness, 

and diversity of the printed circuit board supply chain, including the development of trustworthiness requirements 

for printed circuit boards used in defense systems, and to 

develop strategies to address matters that are identified as 

a result of such assessment. 

(D) Such other roles and responsibilities as the Secretary 

of Defense considers appropriate. 

(c) SUPPORT WITHIN DEPARTMENT OF DEFENSE.—In accordance 

with Directive 5101.1, the Secretary of Defense shall ensure that 

the military departments, Defense Agencies, and other components 

of the Department of Defense provide the executive agent designated under subsection (a) with the appropriate support and reVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00080 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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sources needed to perform the roles, responsibilities, and authorities of the executive agent. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘Directive 5101.1’’ means Department of Defense Directive 5101.1, or any successor directive relating to 

the responsibilities of an executive agent of the Department of 

Defense. 

(2) The term ‘‘executive agent’’ has the meaning given the 

term ‘‘DoD Executive Agent’’ in Directive 5101.1. 

SEC. 257. REVIEW OF CONVENTIONAL PROMPT GLOBAL STRIKE TECHNOLOGY APPLICATIONS AND CONCEPTS. 

(a) AVAILABILITY OF FUNDS FOR PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT.—Notwithstanding any other provision of this 

Act, funds for conventional prompt global strike capability development are authorized by this Act only for those activities expressly 

delineated in the expenditure plan for fiscal years 2008 and 2009 

that was required by section 243 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 51; 

10 U.S.C. 113 note) and submitted to the congressional defense 

committees and dated March 24, 2008, those activities for which 

funds are authorized to be appropriated in this Act, or those activities otherwise expressly authorized by Congress. 

(b) REPORT ON TECHNOLOGY APPLICATIONS.—Not later than April 

1, 2009, the Secretary of Defense shall submit to the congressional 

defense committees a report that contains— 

(1) a description of the technology applications developed 

pursuant to conventional prompt global strike activities during 

fiscal year 2009; and 

(2) for each such technology application, the conventional 

prompt global strike concept towards which the application 

could be applied. 

(c) REVIEW OF CONVENTIONAL PROMPT GLOBAL STRIKE CONCEPTS.—The Secretary of Defense shall, in consultation with the 

Secretary of State, conduct a review of each nonnuclear prompt 

global strike concept with respect to which the President requests 

funding in the budget of the President for fiscal year 2010 (as submitted to Congress pursuant to section 1105 of title 31, United 

States Code). 

(d) ELEMENTS OF REVIEW.—The review required by subsection (c) 

shall include, for each concept described in that subsection, the following: 

(1) The full cost of demonstrating such concept. 

(2) An assessment of any policy, legal, or treaty-related 

issues that could arise during the course of, or as a result of, 

deployment of each concept and recommendations to address 

such issues. 

(3) The extent to which the concept could be misconstrued as 

a nuclear weapon or delivery system and recommendations to 

mitigate the risk of such a misconstrual. 

(4) An assessment of the potential basing and deployment 

options for the concept. 

(5) A description of the types of targets against which the 

concept might be used. 


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(6) An assessment of the adequacy of the intelligence that 

would be needed to support an attack involving the concept. 

(e) REPORT ON CONVENTIONAL PROMPT GLOBAL STRIKE CON- CEPTS.—Not later than September 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report 

setting forth the results of the review required by subsection (c). 

TITLE III—OPERATION AND 

MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Environmental Provisions 

Sec. 311. Authorization for Department of Defense participation in conservation 

banking programs. 

Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in 

connection with Moses Lake Wellfield Superfund Site, Moses Lake, 

Washington. 

Sec. 313. Expand cooperative agreement authority for management of natural resources to include off-installation mitigation. 

Sec. 314. Expedited use of appropriate technology related to unexploded ordnance 

detection. 

Sec. 315. Closed loop re-refining of used motor vehicle lubricating oil. 

Sec. 316. Comprehensive program for the eradication of the brown tree snake population from military facilities in Guam. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Comprehensive analysis and development of single Government-wide definition of inherently governmental function and criteria for critical functions. 

Sec. 322. Study on future depot capability. 

Sec. 323. Government Accountability Office review of high-performing organizations. 

Sec. 324. Consolidation of Air Force and Air National Guard aircraft maintenance. 

Sec. 325. Report on Air Force civilian personnel consolidation plan. 

Sec. 326. Report on reduction in number of firefighters on Air Force bases. 

Sec. 327. Minimum capital investment for certain depots. 

Subtitle D—Energy Security 

Sec. 331. Annual report on operational energy management and implementation of 

operational energy strategy. 

Sec. 332. Consideration of fuel logistics support requirements in planning, requirements development, and acquisition processes. 

Sec. 333. Study on solar and wind energy for use for expeditionary forces. 

Sec. 334. Study on alternative and synthetic fuels. 

Sec. 335. Mitigation of power outage risks for Department of Defense facilities and 

activities. 

Subtitle E—Reports 

Sec. 341. Comptroller General report on readiness of Armed Forces. 

Sec. 342. Report on plan to enhance combat skills of Navy and Air Force personnel. 

Sec. 343. Comptroller General report on the use of the Army Reserve and National 

Guard as an operational reserve. 

Sec. 344. Comptroller General report on link between preparation and use of Army 

reserve component forces to support ongoing operations. 

Sec. 345. Comptroller General report on adequacy of funding, staffing, and organization of Department of Defense Military Munitions Response Program. 

Subtitle F—Other Matters 

Sec. 351. Extension of Enterprise Transition Plan reporting requirement. 


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Sec. 352. Demilitarization of loaned, given, or exchanged documents, historical artifacts, and condemned or obsolete combat materiel. 

Sec. 353. Repeal of requirement that Secretary of Air Force provide training and 

support to other military departments for A–10 aircraft. 

Sec. 354. Display of annual budget requirements for Air Sovereignty Alert Mission. 

Sec. 355. Revision of certain Air Force regulations required. 

Sec. 356. Transfer of C–12 aircraft to California Department of Forestry and Fire 

Protection. 

Sec. 357. Limitation on treatment of retired B–52 aircraft for Air Combat Command headquarters. 

Sec. 358. Increase of domestic breeding of military working dogs used by the Department of Defense. 

Subtitle A—Authorization of 

Appropriations 

SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

Funds are hereby authorized to be appropriated for fiscal year 

2009 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows: (1) For the Army, $31,251,702,000. 

(2) For the Navy, $34,850,310,000. 

(3) For the Marine Corps, $5,604,254,000. 

(4) For the Air Force, $35,454,487,000. 

(5) For Defense-wide activities, $25,948,864,000. 

(6) For the Army Reserve, $2,642,341,000. 

(7) For the Naval Reserve, $1,311,085,000. 

(8) For the Marine Corps Reserve, $213,131,000. 

(9) For the Air Force Reserve, $3,150,692,000. 

(10) For the Army National Guard, $5,893,546,000. 

(11) For the Air National Guard, $5,882,326,000. 

(12) For the United States Court of Appeals for the Armed Forces, $13,254,000. 

(13) For Environmental Restoration, Army, $447,776,000. 

(14) For Environmental Restoration, Navy, $290,819,000. 

(15) For Environmental Restoration, Air Force, $496,277,000. 

(16) For Environmental Restoration, Defense-wide, 

$13,175,000. 

(17) For Environmental Restoration, Formerly Used Defense Sites, $257,796,000. 

(18) For Overseas Humanitarian, Disaster, and Civic Aid 

programs, $83,273,000. 

(19) For Cooperative Threat Reduction programs, $434,135,000. 

(20) For the Overseas Contingency Operations Transfer Fund, $9,101,000. 

Subtitle B—Environmental Provisions 

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

(a) PARTICIPATION AUTHORIZED.—Chapter 159 of title 10, United 

States Code, is amended by inserting after section 2694b the following new section: 


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‘‘§ 2694c. Participation in conservation banking programs 

‘‘(a) AUTHORITY TO PARTICIPATE.—Subject to the availability of 

appropriated funds to carry out this section, the Secretary concerned, when engaged or proposing to engage in an activity described in subsection (b) that may or will result in an adverse impact to one or more species protected (or pending protection) under 

any applicable provision of law, or habitat for such species, may 

make payments to a conservation banking program or ‘in-lieu-fee’ 

mitigation sponsor approved in accordance with— 

‘‘(1) the Federal Guidance for the Establishment, Use and 

Operation of Mitigation Banks (60 Fed. Reg. 58605; November 

28, 1995); 

‘‘(2) the Guidance for the Establishment, Use, and Operation 

of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003); 

‘‘(3) the Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of 

the Clean Water Act and Section 10 of the Rivers and Harbors 

Act (65 Fed. Reg. 66915; November 7, 2000); or 

‘‘(4) any successor or related administrative guidance or regulation. 

‘‘(b) COVERED ACTIVITIES.—Payments to a conservation banking 

program or ‘in-lieu-fee’ mitigation sponsor under subsection (a) may 

be made only for the purpose of facilitating one or more of the following activities: 

‘‘(1) Military testing, operations, training, or other military 

activity. 

‘‘(2) Military construction. 

‘‘(c) TREATMENT OF AMOUNTS FOR CONSERVATION BANKING.—Payments made under subsection (a) to a conservation banking program or ‘in-lieu-fee’ mitigation sponsor for the purpose of facilitating military construction may be treated as eligible costs of the 

military construction project. 

‘‘(d) SECRETARY CONCERNED DEFINED.—In this section, the term 

‘Secretary concerned’ means— 

‘‘(1) the Secretary of a military department; and 

‘‘(2) the Secretary of Defense with respect to a Defense Agency.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2694b the following new item: 

‘‘2694c. Participation in conservation banking programs.’’. 

(c) EFFECTIVE DATE.—Section 2694c of title 10, United States 

Code, as added by subsection (a), shall take effect on October 1, 

2008, and only funds appropriated for fiscal years beginning after 

September 30, 2008, may be used to carry out such section. 

SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH MOSES 

LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE, WASHINGTON. 

(a) AUTHORITY TO REIMBURSE.— (1) TRANSFER AMOUNT.—Using funds described in subsection 

(b) and notwithstanding section 2215 of title 10, United States 

Code, the Secretary of Defense may transfer not more than 


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$64,049.40 during fiscal year 2009 to the Moses Lake Wellfield 

Superfund Site 10–6J Special Account. 

(2) PURPOSE OF REIMBURSEMENT.—The payment under paragraph (1) is to reimburse the Environmental Protection Agency 

for its costs incurred in overseeing a remedial investigation/feasibility study performed by the Department of the Army under 

the Defense Environmental Restoration Program at the former 

Larson Air Force Base, Moses Lake Superfund Site, Moses 

Lake, Washington. 

(3) INTERAGENCY AGREEMENT.—The reimbursement described in paragraph (2) is provided for in the interagency 

agreement entered into by the Department of the Army and 

the Environmental Protection Agency for the Moses Lake 

Wellfield Superfund Site in March 1999. 

(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall 

be made using funds authorized to be appropriated by section 

301(17) for operation and maintenance for Environmental Restoration, Formerly Used Defense Sites. 

(c) USE OF FUNDS.—The Environmental Protection Agency shall 

use the amount transferred under subsection (a) to pay costs incurred by the Agency at the Moses Lake Wellfield Superfund Site. 

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

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

(1) by striking ‘‘to provide for the’’ and inserting ‘‘to provide 

for the following: 

‘‘(1) The’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The maintenance and improvement of natural resources 

located off of a Department of Defense installation if the purpose of the cooperative agreement is to relieve or eliminate current or anticipated challenges that could restrict, impede, or 

otherwise interfere with, whether directly or indirectly, current 

or anticipated military activities.’’. 

SEC. 314. EXPEDITED USE OF APPROPRIATE TECHNOLOGY RELATED 

TO UNEXPLODED ORDNANCE DETECTION. 

(a) EXPEDITED USE OF APPROPRIATE TECHNOLOGIES.—The Secretary shall expedite the use of appropriate unexploded ordnance 

detection instrument technology developed through research funded by the Department of Defense or developed by entities other 

than the Department of Defense. 

(b) REPORT.—Not later than October 1, 2009, the Secretary shall 

submit to the Committee on Armed Services of the Senate and the 

Committee on Armed Services of the House of Representatives a 

report describing and evaluating the following: 

(1) The amounts allocated for research, development, test, 

and evaluation for unexploded ordnance detection technologies. 

(2) The amounts allocated for transition of new unexploded 

ordnance detection technologies. 

(3) Activities undertaken by the Department to transition 

such technologies and train operators on emerging detection instrument technologies. 


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(4) Any impediments to the transition of new unexploded 

ordnance detection instrument technologies to regular operation in remediation programs. 

(5) The transfer of such technologies to private sector entities 

involved in the detection of unexploded ordnance. 

(6) Activities undertaken by the Department to raise public 

awareness regarding unexploded ordnance. 

(c) UNEXPLODED ORDNANCE DEFINED.—In this section, the term 

‘‘unexploded ordnance’’ has the meaning given such term in section 

101(e)(5) of title 10, United States Code. 

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

(a) STUDY AND EVALUATION.—Not later than one year after the 

date of the enactment of this Act, the Secretary of Defense shall 

submit to Congress a report which reviews the Department of Defense’s policies concerning the re-use, recycling, sale, and disposal 

of used motor vehicle lubricating oil, and shall include in the report 

an evaluation of the feasibility and desirability of implementing 

policies to require re-use or recycling through closed loop re-refining of used oil as a means of reducing total indirect energy usage 

and greenhouse gas emissions. 

(b) DEFINITION.— For purposes of this section, the term ‘‘closed 

loop re-refining’’ means the sale of used oil to entities that re-refine 

used oil into base oil and vehicle lubricants that meet Department 

of Defense and industry standards, and the purchase of re-refined 

oil produced through such re-refining process. 

SEC. 316. COMPREHENSIVE PROGRAM FOR THE ERADICATION OF THE 

BROWN TREE SNAKE POPULATION FROM MILITARY FACILITIES IN GUAM. 

The Secretary of Defense shall establish a comprehensive program to control and, to the extent practicable, eradicate the brown 

tree snake population from military facilities in Guam and to ensure that military activities, including the transport of civilian and 

military personnel and equipment to and from Guam, do not contribute to the spread of brown tree snakes. 

Subtitle C—Workplace and Depot Issues 

SEC. 321. COMPREHENSIVE ANALYSIS AND DEVELOPMENT OF SINGLE 

GOVERNMENT-WIDE DEFINITION OF INHERENTLY GOVERNMENTAL FUNCTION AND CRITERIA FOR CRITICAL 

FUNCTIONS. 

(a) DEVELOPMENT AND IMPLEMENTATION.—The Director of the Office of Management and Budget, in consultation with appropriate 

representatives of the Chief Acquisition Officers Council under section 16A of the Office of Federal Procurement Policy Act (41 U.S.C. 

414b) and the Chief Human Capital Officers Council under section 

1401 of title 5, United States Code, shall— 

(1) review the definitions of the term ‘‘inherently governmental function’’ described in subsection (b) to determine 

whether such definitions are sufficiently focused to ensure that 

only officers or employees of the Federal Government or members of the Armed Forces perform inherently governmental 


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functions or other critical functions necessary for the mission 

of a Federal department or agency; 

(2) develop a single consistent definition for such term that 

would— 

(A) address any deficiencies in the existing definitions, 

as determined pursuant to paragraph (1); 

(B) reasonably apply to all Federal departments and 

agencies; and 

(C) ensure that the head of each such department or 

agency is able to identify each position within that department or agency that exercises an inherently governmental 

function and should only be performed by officers or employees of the Federal Government or members of the 

Armed Forces; 

(3) develop criteria to be used by the head of each such department or agency to— 

(A) identify critical functions with respect to the unique 

missions and structure of that department or agency; and 

(B) identify each position within that department or 

agency that, while the position may not exercise an inherently governmental function, nevertheless should only be 

performed by officers or employees of the Federal Government or members of the Armed Forces to ensure the department or agency maintains control of its mission and 

operations; 

(4) in addition to the actions described under paragraphs (1), 

(2), and (3), provide criteria that would identify positions within Federal departments and agencies that are to be performed 

by officers or employees of the Federal Government or members of the Armed Forces to ensure that the head of each Federal department or agency— 

(A) develops and maintains sufficient organic expertise 

and technical capability; 

(B) develops guidance to implement the definition of inherently governmental as described in paragraph (2) and 

the criteria for critical functions as described in paragraph 

(3) in a manner that is consistent with agency missions 

and operational goals; and 

(C) develops guidance to manage internal decisions regarding staffing in an integrated manner to ensure officers 

or employees of the Federal Government or members of 

the Armed Forces are filling critical management roles by 

identifying— 

(i) functions, activities, or positions, or some combination thereof, or 

(ii) additional mechanisms and factors, including the 

management or oversight of awarded contracts, statutory mandates, and international obligations; and 

(5) solicit the views of the public regarding the matters identified in this section. 

(b) DEFINITIONS OF INHERENTLY GOVERNMENTAL FUNCTION.—The 

definitions of inherently governmental function described in this 

subsection are the definitions of such term that are contained in— 


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(1) the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 note); 

(2) section 2383 of title 10, United States Code; 

(3) Office of Management and Budget Circular A–76; 

(4) the Federal Acquisition Regulation; and 

(5) any other relevant Federal law or regulation, as determined by the Director of the Office of Management and Budget 

in consultation with the Chief Acquisition Officers Council and 

the Chief Human Capital Officers Council. 

(c) REPORT TO CONGRESS.—Not later than one year after the date 

of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Chief Acquisition Officers Council and the Chief Human Capital Officers Council, shall 

submit to the Committees on Armed Services of the Senate and 

House of Representatives, the Committee on Homeland Security 

and Governmental Affairs in the Senate, and the Committee on 

Oversight and Government Reform of the House of Representatives 

a report on the actions taken by the Director under this section. 

Such report shall contain each of the following: 

(1) A description of the actions taken by the Director under 

this section to develop a single definition of inherently governmental function and criteria for critical functions. 

(2) Such legislative recommendations as the Director determines are necessary to further the purposes of this section. 

(3) A description of such steps as may be necessary— 

(A) to ensure that the single definition and criteria developed under this section are consistently applied through 

all Federal regulations, circulars, policy letters, agency 

guidance, and other documents; 

(B) to repeal any existing Federal regulations, circular, 

policy letters, agency guidance and other documents determined to be superseded by the definition and criteria developed under this section; and 

(C) to develop any necessary implementing guidance 

under this section for agency staffing and contracting decisions, along with appropriate milestones. 

(d) REGULATIONS.—Not later than 180 days after submission of 

the report required by subsection (c), the Director of the Office of 

Management and Budget shall issue regulations to implement actions taken under this section to develop a single definition of inherently governmental function and criteria for critical functions. 

SEC. 322. STUDY ON FUTURE DEPOT CAPABILITY. 

(a) STUDY REQUIRED.—Not later than 30 days after the date of 

the enactment of this Act, the Secretary of Defense shall enter into 

a contract with an independent research entity that is a not-forprofit entity or a federally-funded research and development center 

with appropriate expertise in logistics and logistics analytical capability to carry out a study on the capability and efficiency of the 

depots of the Department of Defense to provide the logistics capabilities and capacity necessary for national defense. 

(b) CONTENTS OF STUDY.—The study carried out under subsection (a) shall— 

(1) be a quantitative analysis of the post-reset Department 

of Defense depot capability required to provide life cycle 


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sustainment of military legacy systems and new systems and 

military equipment; 

(2) take into consideration direct input from the Secretary of 

Defense and the logistics and acquisition leadership of the military departments, including materiel support and depot commanders; 

(3) take into consideration input from regular and reserve 

components of the Armed Forces, both with respect to requirements for sustainment-level maintenance and the capability 

and capacity to perform depot-level maintenance and repair; 

(4) identify and address each type of activity carried out at 

depots, installation directorates of logistics, regional 

sustainment-level maintenance sites, reserve component maintenance capability sites, theater equipment support centers, 

and Army field support brigade capabilities; 

(5) examine relevant guidance provided and regulations prescribed by the Secretary of Defense and the Secretary of each 

of the military departments, including with respect to programming and budgeting and the annual budget displays provided 

to Congress; and 

(6) examine any relevant applicable laws, including the relevant body of work performed by the Government Accountability Office. 

(c) ISSUES TO BE ADDRESSED.—The study required under subsection (a) shall address each of the following issues with respect 

to depots and depot capabilities: 

(1) The life cycle sustainment maintenance strategies and 

implementation plans of the Department of Defense and the 

military departments that cover— 

(A) the role of each type of maintenance activity; 

(B) business operations; 

(C) workload projection; 

(D) outcome-based performance management objectives; 

(E) the adequacy of information technology systems, including workload management systems; 

(F) the workforce, including skills required and development; 

(G) budget and fiscal planning policies; and 

(H) capital investment strategies, including the implementation of section 2476 of title 10, United States Code. 

(2) Current and future maintenance environments, including— 

(A) performance-based logistics; 

(B) supply chain management; 

(C) condition-based maintenance; 

(D) reliability-based maintenance; 

(E) consolidation and centralization, including— 

(i) regionalization; 

(ii) two-level maintenance; and 

(iii) forward-based depot capacity; 

(F) public-private partnerships; 

(G) private-sector depot capability and capacity; and 

(H) the impact of proprietary technical documentation. 


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(3) The adequate visibility of the maintenance workload of 

each military department in reports submitted to Congress, including— 

(A) whether the depot budget lines in current budget 

displays accurately reflect depot level workloads; 

(B) the accuracy of core and 50/50 calculations; 

(C) the usefulness of current reporting requirements to 

the oversight function of senior military and congressional 

leaders; and 

(D) whether current budgetary guidelines provide sufficient financial flexibility during the year of execution to 

permit the heads of the military departments to make 

best-value decisions between maintenance activities. 

(4) Such other information as determined relevant by the entity carrying out the study. 

(d) AVAILABILITY OF INFORMATION.—The Secretary of Defense 

and the Secretaries of each of the military departments shall make 

available to the entity carrying out the study under subsection (a) 

all necessary and relevant information to allow the entity to conduct the study in a quantitative and analytical manner. 

(e) REPORTS TO COMMITTEES ON ARMED SERVICES.— (1) INTERIM REPORT.—The contract that the Secretary enters 

into under subsection (a) shall provide that not later than one 

year after the commencement of the study conducted under 

this section, the chief executive officer of the entity that carries 

out the study pursuant to the contract shall submit to the 

Committees on Armed Services of the Senate and House of 

Representatives an interim report on the study. 

(2) FINAL REPORT.—Such contract shall provide that not later 

than 22 months after the date on which the Secretary of Defense enters into the contract under subsection (a), the chief 

executive officer of the entity that carries out the study pursuant to the contract shall submit to the Committees on Armed 

Services of the Senate and House of Representatives a final report on the study. The report shall include each of the following: 

(A) A description of the depot maintenance environment, 

as of the date of the conclusion of the study, and the anticipated future environment, together with the quantitative data used in conducting the assessment of such environments under the study. 

(B) Recommendations with respect to what would be required to maintain, in a post-reset environment, an efficient and enduring Department of Defense depot capability 

necessary for national defense. 

(C) Recommendations with respect to any changes to 

any applicable law that would be appropriate for a postreset depot maintenance environment. 

(D) Recommendations with respect to the methodology of 

the Department of Defense for determining core logistics 

requirements, including an assessment of risk. 

(E) Proposed business rules that would provide incentives for the Secretary of Defense and the Secretaries of 

the military departments to keep Department of Defense 


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depots efficient and cost effective, including the workload 

level required for efficiency. 

(F) A proposed strategy for enabling, requiring, and 

monitoring the ability of the Department of Defense depots 

to produce performance-driven outcomes and meet materiel readiness goals with respect to availability, reliability, 

total ownership cost, and repair cycle time. 

(G) Comments provided by the Secretary of Defense and 

the Secretaries of the military departments on the findings 

and recommendations of the study. 

(f) COMPTROLLER GENERAL REVIEW.—Not later than 90 days 

after the date on which the report under subsection (e)(2) is submitted, the Comptroller General shall review the report and submit 

to the Committees on Armed Services of the Senate and House of 

Representatives an assessment of the feasibility of the recommendations and whether the findings are supported by the data 

and information examined. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘depot-level maintenance and repair’’ has the 

meaning given that term under section 2460 of title 10, United 

States Code. 

(2) The term ‘‘reset’’ means actions taken to repair, enhance, 

or replace military equipment used in support of operations 

underway as of the date of the enactment of this Act and associated sustainment. 

(3) The term ‘‘military equipment’’ includes all weapon systems, weapon platforms, vehicles and munitions of the Department of Defense, and the components of such items. 

SEC. 323. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF HIGHPERFORMING ORGANIZATIONS. 

Not later than 120 days after the date of the enactment of this 

Act, the Comptroller General shall submit to the congressional defense committees a review on the high-performing organization initiatives of the Department of Defense. The review shall include 

each of the following for each such initiative reviewed: 

(1) Any policies or guidance developed to implement the initiative. 

(2) Whether the initiative was undertaken pursuant to the 

pilot project under section 337 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 

U.S.C. 113 note) or under Office of Management and Budget 

Circular A–76. 

(3) The cost of development and implementation of the initiative. 

(4) Any cost savings and overall financial improvements 

promised or realized by reason of the initiative and an analysis 

of how such savings or improvements were calculated. 

(5) Whether criteria were developed to measure the performance, efficiency, and effectiveness improvements of the initiative. 

(6) The effect of the initiative on the workforce, including 

any relocations, change in collective bargaining status, or reductions in force that may have resulted. 


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(7) Whether and to what extent employees and their representatives were consulted in the development and implementation of the initiative. 

SEC. 324. CONSOLIDATION OF AIR FORCE AND AIR NATIONAL GUARD 

AIRCRAFT MAINTENANCE. 

(a) RESTRICTION ON IMPLEMENTATION OF CONSOLIDATION.—The 

Secretary of the Air Force shall not implement the consolidation of 

aircraft repair facilities and personnel of the active Air Force with 

aircraft repair facilities and personnel of the Air National Guard or 

the consolidation of aircraft repair facilities and personnel of the 

Air National Guard with aircraft repair facilities and personnel of 

the active Air Force unless and until the Secretary of the Air Force 

submits the reports required by (b) and (c), the Chief of the National Guard Bureau submits the assessment required by subsection (d), and the Secretary of Defense submits the certification 

required by subsection (e). 

(b) REPORT ON CRITERIA.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of the Air Force shall 

submit to the Committees on Armed Services of the Senate and 

House of Representatives a report stating all the criteria being 

used by the Department of the Air Force and the Rand Corporation 

to evaluate the feasibility of consolidating Air Force maintenance 

functions into organizations that would integrate active, Guard, 

and Reserve components into a total-force approach. The report 

shall include the assumptions that were provided to or developed 

by the Rand Corporation for their study of the feasibility of the 

consolidation proposal. 

(c) REPORT ON FEASIBILITY STUDY.—At least 90 days before any 

consolidation of aircraft repair facilities and personnel of the active 

Air Force with aircraft repair facilities and personnel of the Air National Guard, the Secretary of the Air Force shall submit to the 

Committees on Armed Services of the Senate and House of Representatives a report on the findings of the Rand Corporation feasibility study and the Rand Corporation’s recommendations, the Air 

Force’s assessment of the findings and recommendations, any plans 

developed for implementation of the consolidation, and a delineation of all infrastructure costs anticipated as a result of implementation. 

(d) ASSESSMENT BY CHIEF OF THE NATIONAL GUARD BUREAU.— 

Not later than 30 days after the date on which the report required 

by subsection (c) is submitted, the Chief of the National Guard Bureau shall submit to the Committees on Armed Services of the Senate and House of Representatives a written assessment of— 

(1) the proposed actions to consolidate aircraft repair facilities and personnel of the active Air Force with aircraft repair 

facilities and personnel of the Air National Guard by the Secretary of the Air Force; and 

(2) the information included in the report required by subsection (c). 

(e) CERTIFICATION BY THE SECRETARY OF DEFENSE.—After the 

Secretary of the Air Force submits the reports required by subsections (b) and (c), and before any consolidation of aircraft repair 

facilities and personnel of the active Air Force with aircraft repair 

facilities and personnel of the Air National Guard by the Secretary 


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of the Air Force, the Secretary of Defense shall certify that such 

consolidation is in the national interest and will not adversely affect recruitment, retention, or execution of the Air National Guard 

mission in the individual States. 

SEC. 325. REPORT ON AIR FORCE CIVILIAN PERSONNEL CONSOLIDATION PLAN. 

(a) REPORT REQUIRED.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House 

of Representatives a report on the Air Force plan for implementing 

the direction of the Base Realignment and Closure Commission for 

the consolidation of transactional workloads from the civilian personnel offices within the service components and defense agencies, 

retaining sufficient positions and personnel at the large civilian 

centers to perform the personnel management advisory services, including non-transactional functions, necessary to support the civilian workforce. 

(b) CONTENTS OF REPORT.—At a minimum, the report required 

by subsection (a) shall address the steps taken by the Air Force to 

ensure that such direction is implemented in a manner that best 

meets the future needs of the Air Force, and shall address each of 

the following: 

(1) The anticipated positive or negative effect on the productivity and mission accomplishment of the managed workforces 

at the different commands. 

(2) The potential future efficiencies to be achieved through 

an enterprise-wide transformation of civilian personnel services. 

(3) The size and complexity of the civilian workforce. 

(4) The extent to which mission accomplishment is dependent upon the productivity of the civilian workforce. 

(5) Input from the commanders of the large civilian centers 

regarding the effect of consolidation on workforce productivity 

and costs. 

(6) The status of ongoing consolidation efforts at the Air 

Force Personnel Center at Randolph Air Force Base, Texas, 

and the target timelines for delivery of services to the various 

installations. 

(7) The advantages and disadvantages of retaining certain 

personnel management and advisory services functions at the 

large civilian centers under local command authority to include 

on-site control of staffing of positions filled through internal or 

external recruitment processes, employee management relations, labor force planning and management, and managing 

workers compensation programs. 

(8) The standards and timeliness for transitioning the personnel classifications currently performed by large civilian centers, the transition plan, particularly as it assures ready access 

to classifications needed for staffing and other purposes by the 

large civilian centers, and the expected performance and evaluation standards for providing classification services to the 

large civilian centers once the transition is complete. 

(c) UPDATES OF REPORT.—The Secretary of the Air Force shall 

submit to the Committees on Armed Services of the Senate and 


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House of Representatives biannual updates of the report required 

under subsection (a) until January 3, 2012. 

SEC. 326. REPORT ON REDUCTION IN NUMBER OF FIREFIGHTERS ON 

AIR FORCE BASES. 

To ensure that the Air Force is meeting the minimum safety 

standards for staffing, equipment, and training, as required by Department of Defense Installation and Environment Instruction 

6055.6, the Secretary of the Air Force shall submit to Congress, by 

not later than 90 days after the date of the enactment of this Act, 

a report on the effects of the reduction in the number of fire fighters on Air Force bases during the three fiscal years preceding the 

fiscal year in which the report is submitted. Such report shall include each of the following: 

(1) An evaluation of current fire fighting capability of the Air 

Force and whether the reduction in the number of fire fighters 

on Air Force bases has increased the risk of harm to either fire 

fighters or those they may serve in response to an emergency. 

(2) An evaluation of whether adequate capability exists in 

the municipal communities surrounding the Air Force bases 

covered by the report to support a base aircraft rescue or to respond to a fire involving a combat aircraft, cargo aircraft, or 

weapon system. 

(3) An evaluation of the effects that the reductions in fire 

fighting personnel or functions have had on the certifications 

of Air Force base fire departments. 

(4) If the Secretary determines that reductions in the number of fire fighting personnel during the fiscal years covered by 

the report have negatively affected the ability of fire fighters 

on Air Forces bases to perform their missions, a plan to restore 

the fire fighting personnel needed to adequately support such 

missions. 

SEC. 327. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS. 

(a) ADDITIONAL ARMY DEPOTS.—Subsection (e)(1) of section 2476 

of title 10, United States Code, is amended by adding at the end 

the following new subparagraphs: 

‘‘(F) Watervliet Arsenal, New York. 

‘‘(G) Rock Island Arsenal, Illinois. 

‘‘(H) Pine Bluff Arsenal, Arkansas.’’. 

(b) SEPARATE CONSIDERATION AND REPORTING OF NAVY DEPOTS

AND MARINE CORPS DEPOTS.—Such section is further amended— 

(1) in subsection (d)(2), by adding at the end the following 

new subparagraph: 

‘‘(D) Separate consideration and reporting of Navy Depots 

and Marine Corps depots.’’; and 

(2) in subsection (e)(2)— 

(A) by redesignating subparagraphs (A) through (G) as 

clauses (i) through (vii), respectively, and indenting the 

margins of such clauses, as so redesignated, 6 ems from 

the left margin; 

(B) by inserting after ‘‘Department of the Navy:’’ the following: 

‘‘(A) The following Navy depots:’’; 


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(C) by inserting after clause (vii), as redesignated by 

subparagraph (A), the following: 

‘‘(B) The following Marine Corps depots:’’; and 

(D) by redesignating subparagraphs (H) and (I) as 

clauses (i) and (ii), respectively, and indenting the margins 

of such clauses, as so redesignated, 6 ems from the left 

margin. 

Subtitle D—Energy Security 

SEC. 331. ANNUAL REPORT ON OPERATIONAL ENERGY MANAGEMENT 

AND IMPLEMENTATION OF OPERATIONAL ENERGY 

STRATEGY. 

(a) REPORT REQUIRED.—Section 2925 of title 10, United States 

Code, is amended by striking subsection (b) and inserting the following new subsection: 

‘‘(b) ANNUAL REPORT RELATED TO OPERATIONAL ENERGY.—(1) Simultaneous with the annual report required by subsection (a), the 

Secretary of Defense, acting through the Director of Operational 

Energy Plans and Programs, shall submit to the congressional defense committees a report on operational energy management and 

the implementation of the operational energy strategy established 

pursuant to section 139b of this title. 

‘‘(2) The annual report under this subsection shall address and 

include the following: 

‘‘(A) Statistical information on operational energy demands, 

in terms of expenditures and consumption, for the preceding 

five fiscal years, including funding made available in regular 

defense appropriations Acts and any supplemental appropriation Acts. 

‘‘(B) An estimate of operational energy demands for the current fiscal year and next fiscal year, including funding requested to meet operational energy demands in the budget 

submitted to Congress under section 1105 of title 31 and in 

any supplemental requests. 

‘‘(C) A description of each initiative related to the operational 

energy strategy and a summary of funds appropriated for each 

initiative in the previous fiscal year and current fiscal year and 

requested for each initiative for the next five fiscal years. 

‘‘(D) An evaluation of progress made by the Department of 

Defense— 

‘‘(i) in implementing the operational energy strategy, including the progress of key initiatives and technology investments related to operational energy demand and management; and 

‘‘(ii) in meeting the operational energy goals set forth in 

the strategy. 

‘‘(E) Such recommendations as the Director considers appropriate for additional changes in organization or authority within the Department of Defense to enable further implementation of the energy strategy and such other comments and recommendations as the Director considers appropriate. 

‘‘(3) If a report under this subsection is submitted in a classified 

form, the Secretary shall concurrently submit to the congressional 


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defense committees an unclassified version of the information required by this subsection. 

‘‘(4) In this subsection, the term ‘operational energy’ means the 

energy required for training, moving, and sustaining military forces 

and weapons platforms for military operations. The term includes 

energy used by tactical power systems and generators and weapons 

platforms.’’. 

(b) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 2925. Annual Department of Defense energy management 

reports’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of subchapter III of chapter 173 of such title is amended 

by striking the item relating to section 2925 and inserting the 

following new item: 

‘‘2925. Annual Department of Defense energy management reports.’’. 

SEC. 332. CONSIDERATION OF FUEL LOGISTICS SUPPORT REQUIREMENTS IN PLANNING, REQUIREMENTS DEVELOPMENT, 

AND ACQUISITION PROCESSES. 

(a) PLANNING.—In the case of analyses and force planning processes that are used to establish capability requirements and inform 

acquisition decisions, the Secretary of Defense shall require that 

analyses and force planning processes consider the requirements 

for, and vulnerability of, fuel logistics. 

(b) CAPABILITY REQUIREMENTS DEVELOPMENT PROCESS.—The 

Secretary of Defense shall develop and implement a methodology 

to enable the implementation of a fuel efficiency key performance 

parameter in the requirements development process for the modification of existing or development of new fuel consuming systems. 

(c) ACQUISITION PROCESS.—The Secretary of Defense shall require that the life-cycle cost analysis for new capabilities include 

the fully burdened cost of fuel during analysis of alternatives and 

evaluation of alternatives and acquisition program design trades. 

(d) IMPLEMENTATION PLAN.—The Secretary of Defense shall prepare a plan for implementing the requirements of this section. The 

plan shall be completed not later than 180 days after the date of 

the enactment of this Act and provide for the implementation of 

the requirements by not later than three years after the date of the 

enactment of this Act. 

(e) PROGRESS REPORT.—Not later than two years after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report describing 

progress made to implement the requirements of this section, including an assessment of whether the implementation plan required by section (d) is being carried out on schedule. 

(f) NOTIFICATION OF COMPLIANCE.—As soon as practicable during 

the three-year period beginning on the date of the enactment of 

this Act, the Secretary of Defense shall notify the congressional defense committees that the Secretary has complied with the requirements of this section. If the Secretary is unable to provide the notification, the Secretary shall submit to the congressional defense 


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committees at the end of the three-year period a report containing— 

(1) an explanation of the reasons why the requirements, or 

portions of the requirements, have not been implemented; and 

(2) a revised plan under subsection (d) to complete implementation or a rationale regarding why portions of the requirements cannot or should not be implemented. 

(g) FULLY BURDENED COST OF FUEL DEFINED.—In this section, 

the term ‘‘fully burdened cost of fuel’’ means the commodity price 

for fuel plus the total cost of all personnel and assets required to 

move and, when necessary, protect the fuel from the point at which 

the fuel is received from the commercial supplier to the point of 

use. 

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

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct a 

study to examine the feasibility of using solar and wind energy to 

provide electricity for expeditionary forces. 

(b) MATTERS EXAMINED.—In conducting the study required by 

subsection (a), the Secretary shall examine, at a minimum, each of 

the following: 

(1) The potential for solar and wind energy to reduce the fuel 

supply needed to provide electricity for expeditionary forces 

and the extent to which such reduction will decrease the risk 

of casualties by reducing the number of convoys needed to supply fuel to forward operating locations. 

(2) The cost of using solar and wind energy to provide electricity. 

(3) The potential savings of using solar and wind energy to 

provide electricity compared to current methods. 

(4) The environmental benefits of using solar and wind energy to provide electricity instead of the current methods. 

(5) The sustainability and operating requirements of solar 

and wind energy systems for providing electricity compared to 

current methods. 

(6) Potential opportunities for experimenting with the use of 

deployable solar and wind energy systems in current training 

environments, including remote areas of training ranges. 

(c) REPORT.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the congressional 

defense committees a report on the results of the study required by 

subsection (a). 

SEC. 334. STUDY ON ALTERNATIVE AND SYNTHETIC FUELS. 

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct a 

study on alternatives to reduce the life cycle emissions of alternative and synthetic fuels (including coal-to-liquid fuels). 

(b) MATTERS EXAMINED.—The study shall examine, at a minimum, the following: 

(1) The potential clean energy alternatives for powering the 

conversion processes, including nuclear, solar, and wind energies. 

(2) The alternatives for reducing carbon emissions during the 

conversion processes. 


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(3) The military utility of domestically-produced alternative 

and synthetic fuels for military operations and for use by expeditionary forces compared with the military utility and life 

cycle emissions of mobile, in-theater synthetic fuel processes. 

(4) The goals and progress of the military departments related to the research, testing, and certification for use of alternative or synthetic fuels in military vehicles and aircraft. 

(5) An analysis of trends, levels of investment, and the development of refining capacity in the alternative or synthetic fuel 

industry capable of meeting fuel requirements for the Department of Defense. 

(c) USE OF FEDERALLY FUNDED RESEARCH AND DEVELOPMENT

CENTER.—The Secretary of Defense shall select a federally funded 

research and development center to perform the study required by 

subsection (a). 

(d) REPORT.—Not later than March 1, 2009, the federally funded 

research and development center shall submit to the congressional 

defense committees and the Secretary of Defense a report on the 

results of the study required by subsection (a). 

SEC. 335. MITIGATION OF POWER OUTAGE RISKS FOR DEPARTMENT 

OF DEFENSE FACILITIES AND ACTIVITIES. 

(a) RISK ASSESSMENT.—The Secretary of Defense shall conduct a 

comprehensive technical and operational risk assessment of the 

risks posed to mission critical installations, facilities, and activities 

of the Department of Defense by extended power outages resulting 

from failure of the commercial electricity supply or grid and related 

infrastructure. 

(b) RISK MITIGATION PLANS.— 

(1) IN GENERAL.—The Secretary of Defense shall develop integrated prioritized plans to eliminate, reduce, or mitigate significant risks identified in the risk assessment under subsection (a). 

(2) ADDITIONAL CONSIDERATIONS.—In developing the risk 

mitigation plans under paragraph (1), the Secretary of Defense 

shall— 

(A) prioritize the mission critical installations, facilities, 

and activities that are subject to the greatest and most urgent risks; and 

(B) consider the cost effectiveness of risk mitigation options. 

(c) ANNUAL REPORT.— 

(1) IN GENERAL.—The Secretary of Defense shall submit a report on the efforts of the Department of Defense to mitigate 

the risks described in subsection (a) as part of the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2010 and each fiscal 

year thereafter (as submitted with the budget of the President 

under section 1105(a) of title 31, United States Code). 

(2) CONTENT.—Each report submitted under paragraph (1) 

shall describe the integrated prioritized plans developed under 

subsection (b) and the progress made toward achieving the 

goals established under such subsection. 


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Subtitle E—Reports 

SEC. 341. COMPTROLLER GENERAL REPORT ON READINESS OF 

ARMED FORCES. 

(a) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than June 1, 2009, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on 

the readiness of the regular and reserve components of the 

Armed Forces. The report shall be unclassified but may contain a classified annex. 

(2) ONE OR MORE REPORTS.—In complying with the requirements of this section, the Comptroller General may submit a 

single report addressing all the elements specified in subsection (b) or two or more reports addressing any combination 

of such elements. 

(b) ELEMENTS.—The elements specified in this subsection are the 

following: 

(1) An analysis of the readiness status, as of the date of the 

enactment of this Act, of the regular and reserve components 

of the Army and the Marine Corps, including any significant 

changes in any trends with respect to such components since 

2001. 

(2) An analysis of the readiness status, as of such date, of 

the regular and reserve components of the Air Force and the 

Navy, including a description of any major factors that affect 

the ability of the Navy or Air Force to provide trained and 

ready forces for ongoing operations and to meet overall readiness goals. 

(3) An analysis of the efforts of the Secretary of each military 

department to address any major factors affecting the readiness of the regular and reserve components under the jurisdiction of that Secretary. 

SEC. 342. REPORT ON PLAN TO ENHANCE COMBAT SKILLS OF NAVY 

AND AIR FORCE PERSONNEL. 

(a) REPORT REQUIRED.—At the same time as the budget for fiscal 

year 2010 is submitted to Congress under section 1105(a) of title 

31, United States Code, the Secretary of Defense shall submit to 

the Committees on Armed Services of the Senate and House of 

Representatives a report on— 

(1) the plans of the Secretary of the Navy to improve the 

combat skills of the members of the Navy; and 

(2) the plans of the Secretary of the Air Force to improve the 

combat skills of the members of the Air Force. 

(b) ELEMENTS OF REPORT.—The report required under subsection 

(a) shall include each of the following: 

(1) The criteria that the Secretary of the Air Force and the 

Secretary of the Navy use to select permanent sites for their 

Common Battlefield Airmen Training and Expeditionary Combat Skills courses. 

(2) An identification of the extent to which the Secretary of 

the Navy and Secretary of the Air Force coordinated with each 

other and with the Secretary of the Army and the ComVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00099 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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mandant of the Marine Corps with respect to their plans to expand combat skills training for members of the Navy and Air 

Force, respectively, together with a complete list of bases or locations that were considered as possible sites for the coordinated training. 

(3) The estimated implementation and sustainment costs for 

the Air Force Common Battlefield Airmen Training and Navy 

Expeditionary Combat Skills courses. 

(4) The estimated cost savings, if any, which could result by 

carrying out such combat skills training at existing Department of Defense facilities or by using existing ground combat 

training resources. 

SEC. 343. COMPTROLLER GENERAL REPORT ON THE USE OF THE 

ARMY RESERVE AND NATIONAL GUARD AS AN OPERATIONAL RESERVE. 

(a) REPORT REQUIRED.—Not later than June 1, 2009, the Comptroller General shall submit to the Committees on Armed Services 

of the Senate and House of Representatives a report on the use of 

the Army Reserve and Army National Guard forces as an operational reserve. 

(b) ELEMENTS.—The report required by subsection (a) shall include a description of current and programmed resources, force 

structure, and organizational challenges that the Army Reserve 

and Army National Guard forces may face serving as an operational reserve, including— 

(1) force structure; 

(2) manning; 

(3) equipment availability, maintenance, and logistics issues; 

(4) training constraints limiting access to— 

(A) facilities and ranges, including the Combat Training 

Centers; and 

(B) military schools and skill training; and 

(5) any conflicts with requirements under title 32, United 

States Code. 

SEC. 344. COMPTROLLER GENERAL REPORT ON LINK BETWEEN PREPARATION AND USE OF ARMY RESERVE COMPONENT 

FORCES TO SUPPORT ONGOING OPERATIONS. 

(a) REPORT REQUIRED.—Not later than June 1, 2009, the Comptroller General shall submit to the Committees on Armed Services 

of the Senate and House of Representatives a report on the correlation between the preparation and operational use of the Army’s reserve component forces. 

(b) ELEMENTS.—The report required by subsection (a) shall include— 

(1) an analysis of the Army’s training relative to the employment of reserve component units— 

(A) to execute the wartime or primary missions of the 

Army for which the units are designed; and 

(B) to execute missions to which such units are assigned, 

as of the date of the enactment of this Act, in support of 

ongoing operations in Iraq and Afghanistan, including factors affecting unit or individual preparation, the effect of 

notification timelines, and access to training facilities, including the Combat Training Centers; 


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(2) an analysis of the effect of mobilization and deployment 

laws, regulations, goals, and policies on the Army’s ability to 

train and employ reserve component units for the purposes described in paragraph (1); and 

(3) any other information that the Comptroller General determines is relevant. 

SEC. 345. COMPTROLLER GENERAL REPORT ON ADEQUACY OF FUNDING, STAFFING, AND ORGANIZATION OF DEPARTMENT OF 

DEFENSE MILITARY MUNITIONS RESPONSE PROGRAM. 

(a) REPORT REQUIRED.—Not later than one year after the date of 

the enactment of this Act, the Comptroller General shall submit to 

the Committees on Armed Services of the Senate and House of 

Representatives a report on the adequacy of the funding, staffing, 

and organization of the Military Munitions Response Program of 

the Department of Defense. 

(b) ELEMENTS.—The report required by subsection (a) shall include— 

(1) an analysis of the funding, staffing, and organization of 

the Military Munitions Response Program; and 

(2) an assessment of the Program mechanisms for the accountability, reporting, and monitoring of the progress of munitions response projects and methods to reduce the length of 

time of such projects. 

Subtitle F—Other Matters 

SEC. 351. EXTENSION OF ENTERPRISE TRANSITION PLAN REPORTING 

REQUIREMENT. 

Section 2222(i) of title 10, United States Code, is amended by 

striking ‘‘2009’’ and inserting ‘‘2013’’. 

SEC. 352. DEMILITARIZATION OF LOANED, GIVEN, OR EXCHANGED 

DOCUMENTS, HISTORICAL ARTIFACTS, AND CONDEMNED 

OR OBSOLETE COMBAT MATERIEL. 

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

(1) in paragraph (1), by adding at the end the following new 

sentence: ‘‘The Secretary concerned shall ensure that an item 

authorized to be donated under this section is demilitarized in 

the interest of public safety, as determined necessary by the 

Secretary or the Secretary’s delegee.’’; and 

(2) in paragraph (2)(A), by inserting before the period at the 

end the following: ‘‘, including any expense associated with demilitarizing an item under paragraph (1), for which the recipient of the item shall be responsible’’. 

SEC. 353. REPEAL OF REQUIREMENT THAT SECRETARY OF AIR FORCE 

PROVIDE TRAINING AND SUPPORT TO OTHER MILITARY 

DEPARTMENTS FOR A–10 AIRCRAFT. 

(a) REPEAL.—Chapter 901 of title 10, United States Code, is 

amended by striking section 9316. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by striking the item relating to 

section 9316. 


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

(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICATION DOCUMENTS.—For fiscal year 2010 and each subsequent fiscal year, the 

Secretary of Defense shall submit to the President, for consideration by the President for inclusion with the budget materials submitted to Congress under section 1105(a) of title 31, United States 

Code, a consolidated budget justification display that covers all programs and activities of the Air Sovereignty Alert mission of the Air 

Force. 

(b) REQUIREMENTS FOR BUDGET DISPLAY.—The budget display 

under subsection (a) for a fiscal year shall include for such fiscal 

year the following: 

(1) The funding requirements for the Air Sovereignty Alert 

mission, and the associated Command and Control mission, including such requirements for— 

(A) military personnel costs; 

(B) flying hours; and 

(C) any other associated mission costs. 

(2) The amount in the budget for the Air Force for each of 

the items referred to in paragraph (1). 

(3) The amount in the budget for the Air National Guard for 

each such item. 

SEC. 355. REVISION OF CERTAIN AIR FORCE REGULATIONS REQUIRED. 

(a) REVISION REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of the Air Force shall 

revise the Air Freight Transportation Regulation Number 5, dated 

January 15, 1999, to conform with Defense Transportation Regulations to ensure that freight covered by Air Freight Transportation 

Regulation Number 5 is carried in accordance with commercial best 

practices that are based upon a mode-neutral approach. 

(b) MODE-NEUTRAL APPROACH DEFINED.—For purposes of this 

section, the term ‘‘mode-neutral approach’’ means a method of shipment that allows a shipper to choose a carrier with a time-definite 

performance standard for delivery without specifying a particular 

mode of conveyance and allows the carrier to select the mode of 

conveyance using best commercial practices as long as the mode of 

conveyance can reasonably be expected to ensure the time-definite 

delivery requested by the shipper. 

SEC. 356. TRANSFER OF C–12 AIRCRAFT TO CALIFORNIA DEPARTMENT 

OF FORESTRY AND FIRE PROTECTION. 

(a) AUTHORITY.—The Secretary of the Army may convey to the 

California Department of Forestry and Fire Protection (hereinafter 

in this section referred to as ‘‘CAL FIRE’’) all right, title, and interest of the United States in three C–12 aircraft that the Secretary 

has determined are surplus to need. 

(b) CONVEYANCE AT NO COST TO THE UNITED STATES.—The conveyance of an aircraft authorized by this section shall be made at 

no cost to the United States. Any costs associated with such conveyance, costs of determining compliance with terms of the conveyance, and costs of operation and maintenance of the aircraft conveyed shall be borne by CAL FIRE. 


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SEC. 357. LIMITATION ON TREATMENT OF RETIRED B–52 AIRCRAFT 

FOR AIR COMBAT COMMAND HEADQUARTERS. 

Section 131(a)(4) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

2111), as amended by section 137(a)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

32), is further amended by striking ‘‘may use not more than 2 such 

aircraft for maintenance ground training’’ and inserting ‘‘may use 

not more than 4 such aircraft for maintenance ground training’’. 

SEC. 358. INCREASE OF DOMESTIC BREEDING OF MILITARY WORKING 

DOGS USED BY THE DEPARTMENT OF DEFENSE. 

(a) INCREASED CAPACITY.—The Secretary of Defense, acting 

through the Executive Agent for Military Working Dogs (hereinafter in this section referred to as the ‘‘Executive Agent’’), shall— 

(1) identify the number of military working dogs required to 

fulfill the various missions of the Department of Defense for 

which such dogs are used, including force protection, facility 

and check point security, and explosives and drug detection; 

(2) take such steps as are practicable to ensure an adequate 

number of military working dog teams are available to meet 

and sustain the mission requirements identified in paragraph 

(1); 

(3) ensure that the Department’s needs and performance 

standards with respect to military working dogs are readily 

available to dog breeders and trainers; and 

(4) coordinate with other Federal, State, or local agencies, 

nonprofit organizations, universities, or private sector entities, 

as appropriate, to increase the training capacity for military 

working dog teams. 

(b) MILITARY WORKING DOG PROCUREMENT.—The Secretary, acting through the Executive Agent shall work to ensure that military 

working dogs are procured as efficiently as possible and at the best 

value to the Government, while maintaining the necessary level of 

quality and encouraging increased domestic breeding. 

(c) MILITARY WORKING DOG DEFINED.—For purposes of this section, the term ‘‘military working dog’’ means a dog used in any official military capacity, as defined by the Secretary of Defense. 

TITLE IV—MILITARY PERSONNEL 

AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2009 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active duty 

for operational support. 

Sec. 416. Additional waiver authority of limitation on number of reserve component 

members authorized to be on active duty. 


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Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Subtitle A—Active Forces 

SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2009, as follows: 

(1) The Army, 532,400. 

(2) The Navy, 326,323. 

(3) The Marine Corps, 194,000. 

(4) The Air Force, 317,050. 

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 

MINIMUM LEVELS. 

Section 691(b) of title 10, United States Code, is amended by 

striking paragraphs (1) through (4) and inserting the following new 

paragraphs: 

‘‘(1) For the Army, 532,400. 

‘‘(2) For the Navy, 325,300. 

‘‘(3) For the Marine Corps, 194,000. 

‘‘(4) For the Air Force, 317,050.’’. 

Subtitle B—Reserve Forces 

SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

(a) IN GENERAL.—The Armed Forces are authorized strengths for 

Selected Reserve personnel of the reserve components as of September 30, 2009, as follows: 

(1) The Army National Guard of the United States, 352,600. 

(2) The Army Reserve, 205,000. 

(3) The Navy Reserve, 66,700. 

(4) The Marine Corps Reserve, 39,600. 

(5) The Air National Guard of the United States, 106,756. 

(6) The Air Force Reserve, 67,400. 

(7) The Coast Guard Reserve, 10,000. 

(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 

by subsection (a) for the Selected Reserve of any reserve component 

shall be proportionately reduced by— 

(1) the total authorized strength of units organized to serve 

as units of the Selected Reserve of such component which are 

on active duty (other than for training) at the end of the fiscal 

year; and 

(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at 

the end of the fiscal year. 

(c) END STRENGTH INCREASES.—Whenever units or individual 

members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength 

prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total auVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00104 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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thorized strengths of such units and by the total number of such 

individual members. 

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES. 

Within the end strengths prescribed in section 411(a), the reserve 

components of the Armed Forces are authorized, as of September 

30, 2009, the following number of Reserves to be serving on fulltime active duty or full-time duty, in the case of members of the 

National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: 

(1) The Army National Guard of the United States, 32,060. 

(2) The Army Reserve, 16,170. 

(3) The Navy Reserve, 11,099. 

(4) The Marine Corps Reserve, 2,261. 

(5) The Air National Guard of the United States, 14,360. 

(6) The Air Force Reserve, 2,733. 

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS). 

The minimum number of military technicians (dual status) as of 

the last day of fiscal year 2009 for the reserve components of the 

Army and the Air Force (notwithstanding section 129 of title 10, 

United States Code) shall be the following: 

(1) For the Army Reserve, 8,395. 

(2) For the Army National Guard of the United States, 

27,210. 

(3) For the Air Force Reserve, 10,003. 

(4) For the Air National Guard of the United States, 22,452. 

SEC. 414. FISCAL YEAR 2009 LIMITATION ON NUMBER OF NON-DUAL 

STATUS TECHNICIANS. 

(a) LIMITATIONS.— 

(1) NATIONAL GUARD.—Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of 

non-dual status technicians employed by the National Guard 

as of September 30, 2009, may not exceed the following: 

(A) For the Army National Guard of the United States, 

1,600. 

(B) For the Air National Guard of the United States, 

350. 

(2) ARMY RESERVE.—The number of non-dual status technicians employed by the Army Reserve as of September 30, 2009, 

may not exceed 595. 

(3) AIR FORCE RESERVE.—The number of non-dual status 

technicians employed by the Air Force Reserve as of September 

30, 2009, may not exceed 90. 

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 

the term ‘‘non-dual status technician’’ has the meaning given that 

term in section 10217(a) of title 10, United States Code. 

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 

During fiscal year 2009, the maximum number of members of the 

reserve components of the Armed Forces who may be serving at 

any time on full-time operational support duty under section 115(b) 

of title 10, United States Code, is the following: 


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(1) The Army National Guard of the United States, 17,000. 

(2) The Army Reserve, 13,000. 

(3) The Navy Reserve, 6,200. 

(4) The Marine Corps Reserve, 3,000. 

(5) The Air National Guard of the United States, 16,000. 

(6) The Air Force Reserve, 14,000. 

SEC. 416. ADDITIONAL WAIVER AUTHORITY OF LIMITATION ON NUMBER OF RESERVE COMPONENT MEMBERS AUTHORIZED 

TO BE ON ACTIVE DUTY. 

(a) ADDITIONAL WAIVER AUTHORITY.—Subsection (a) of section 

123a of title 10, United States Code, is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘If at the end’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) When a designation of a major disaster or emergency (as 

those terms are defined in section 102 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) is 

in effect, the President may waive any statutory limit that would 

otherwise apply during the period of the designation on the number 

of members of a reserve component who are authorized to be on active duty under subparagraph (A) or (B) of section 115(b)(1) of this 

title, if the President determines the waiver is necessary to provide 

assistance in responding to the major disaster or emergency.’’. 

(b) TERMINATION OF WAIVER.—Subsection (b) of such section is 

amended— 

(1) by striking the subsection heading and inserting the following: ‘‘TERMINATION OF WAIVER.—(1)’’; 

(2) by striking ‘‘subsection (a)’’ and inserting ‘‘subsection 

(a)(1)’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) A waiver granted under subsection (a)(2) shall terminate not 

later than 90 days after the date on which the designation of the 

major disaster or emergency that was the basis for the waiver expires.’’. 

(c) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 123a. Suspension of end-strength and other strength limitations in time of war or national emergency’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 3 of such title is amended by striking the item 

relating to section 123a and inserting the following new item: 

‘‘123a. Suspension of end-strength and other strength limitations in time of war or 

national emergency.’’. 

Subtitle C—Authorization of 

Appropriations 

SEC. 421. MILITARY PERSONNEL. 

There is hereby authorized to be appropriated to the Department 

of Defense for military personnel for fiscal year 2009 a total of 

$124,791,336,000. The authorization in the preceding sentence suVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00106 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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persedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2009. 

TITLE V—MILITARY PERSONNEL 

POLICY 

Subtitle A—Officer Personnel Policy Generally 

Sec. 501. Mandatory separation requirements for regular warrant officers for 

length of service. 

Sec. 502. Requirements for issuance of posthumous commissions and warrants. 

Sec. 503. Authorized number of general officers on active duty in the Army and 

Marine Corps, limited exclusion for joint duty requirements, and increase in number of officers serving in grades above major general and 

rear admiral. 

Sec. 504. Modification of authority on Staff Judge Advocate to the Commandant of 

the Marine Corps. 

Sec. 505. Eligibility of reserve officers to serve on boards of inquiry for separation 

of regular officers for substandard performance and other reasons. 

Sec. 506. Delayed authority to alter distribution requirements for commissioned officers on active duty in general officer and flag officer grades and limitations on authorized strengths of general and flag officers on active 

duty. 

Subtitle B—Reserve Component Management 

Sec. 511. Extension to other reserve components of Army authority for deferral of 

mandatory separation of military technicians (dual status) until age 60. 

Sec. 512. Modification of authorized strengths for certain Army National Guard, 

Marine Corps Reserve, and Air National Guard officers and Army National Guard enlisted personnel serving on full-time reserve component 

duty. 

Sec. 513. Clarification of authority to consider for a vacancy promotion National 

Guard officers ordered to active duty in support of a contingency operation. 

Sec. 514. Increase in mandatory retirement age for certain Reserve officers. 

Sec. 515. Age limit for retention of certain Reserve officers on active-status list as 

exception to removal for years of commissioned service. 

Sec. 516. Authority to retain Reserve chaplains and officers in medical and related 

specialties until age 68. 

Sec. 517. Modification of authorities on dual duty status of National Guard officers. 

Sec. 518. Study and report regarding Marine Corps personnel policies regarding assignments in Individual Ready Reserve. 

Sec. 519. Report on collection of information on civilian skills of members of the reserve components of the Armed Forces. 

Subtitle C—Joint Qualified Officers and Requirements 

Sec. 521. Joint duty requirements for promotion to general or flag officer. 

Sec. 522. Technical, conforming, and clerical changes to joint specialty terminology. 

Sec. 523. Promotion policy objectives for joint qualified officers. 

Sec. 524. Length of joint duty assignments. 

Sec. 525. Designation of general and flag officer positions on Joint Staff as positions to be held only by reserve component officers. 

Sec. 526. Modification of limitations on authorized strengths of reserve general and 

flag officers in active status serving in joint duty assignments. 

Sec. 527. Reports on joint education courses available through the Department of 

Defense. 

Subtitle D—General Service Authorities 

Sec. 531. Increase in maximum period of reenlistment of regular members of the 

Armed Forces. 

Sec. 532. Paternity leave for members of the Armed Forces. 

Sec. 533. Pilot programs on career flexibility to enhance retention of members of 

the Armed Forces. 


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Subtitle E—Education and Training 

Sec. 540. Authorized strength of military service academies and repeal of prohibition on phased increase in midshipmen and cadet strength limit at 

Naval Academy and Air Force Academy. 

Sec. 541. Promotion of foreign and cultural exchange activities at military service 

academies. 

Sec. 542. Increased authority to enroll defense industry employees in defense product development program. 

Sec. 543. Expanded authority for institutions of professional military education to 

award degrees. 

Sec. 544. Tuition for attendance of Federal employees at the United States Air 

Force Institute of Technology. 

Sec. 545. Increase in number of permanent professors at the United States Air 

Force Academy. 

Sec. 546. Requirement of completion of service under honorable conditions for purposes of entitlement to educational assistance for reserve component 

members supporting contingency operations. 

Sec. 547. Consistent education loan repayment authority for health professionals in 

regular components and Selected Reserve. 

Sec. 548. Increase in number of units of Junior Reserve Officers’ Training Corps. 

Sec. 549. Correction of erroneous Army College Fund benefit amounts. 

Sec. 550. Enhancing education partnerships to improve accessibility and flexibility 

for members of the Armed Forces. 

Subtitle F—Defense Dependents’ Education 

Sec. 551. Continuation of authority to assist local educational agencies that benefit 

dependents of members of the Armed Forces and Department of Defense civilian employees. 

Sec. 552. Impact aid for children with severe disabilities. 

Sec. 553. Transition of military dependent students among local educational agencies. 

Sec. 554. Calculation of payments for eligible federally connected children under 

Department of Education’s Impact Aid program. 

Subtitle G—Military Justice 

Sec. 561. Effective period of military protective orders. 

Sec. 562. Mandatory notification of issuance of military protective order to civilian 

law enforcement. 

Sec. 563. Implementation of information database on sexual assault incidents in 

the Armed Forces. 

Subtitle H—Decorations, Awards, and Honorary Promotions 

Sec. 571. Replacement of military decorations. 

Sec. 572. Authorization and request for award of Medal of Honor to Richard L. 

Etchberger for acts of valor during the Vietnam War. 

Subtitle I—Military Families 

Sec. 581. Presentation of burial flag to the surviving spouse and children of deceased members of the Armed Forces. 

Sec. 582. Education and training opportunities for military spouses. 

Sec. 583. Sense of Congress regarding honor guard details for funerals of veterans. 

Subtitle J—Other Matters 

Sec. 591. Prohibition on interference in independent legal advice by the Legal 

Counsel to the Chairman of the Joint Chiefs of Staff. 

Sec. 592. Interest payments on certain claims arising from correction of military 

records. 

Sec. 593. Extension of limitation on reductions of personnel of agencies responsible 

for review and correction of military records. 

Sec. 594. Modification of matching fund requirements under National Guard Youth 

Challenge Program. 

Sec. 595. Military salute for the flag during the national anthem by members of the 

Armed Forces not in uniform and by veterans. 

Sec. 596. Military Leadership Diversity Commission. 

Sec. 597. Demonstration project on service of retired nurse corps officers as faculty 

at civilian nursing schools. 


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Sec. 598. Report on planning for participation and hosting of the Department of Defense in international sports activities, competitions, and events. 

Subtitle A—Officer Personnel Policy 

Generally 

SEC. 501. MANDATORY SEPARATION REQUIREMENTS FOR REGULAR 

WARRANT OFFICERS FOR LENGTH OF SERVICE. 

Section 1305(a) of title 10, United States Code, is amended— 

(1) by striking ‘‘A regular warrant officer who has at least 30 

years of active service as a warrant officer that could be credited to him’’ and inserting ‘‘(1) A regular warrant officer (other 

than a regular Army warrant officer) who has at least 30 years 

of active service that could be credited to the officer’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) In the case of a regular Army warrant officer, the calculation 

of years of active service under paragraph (1) shall include only 

years of active service as a warrant officer.’’. 

SEC. 502. REQUIREMENTS FOR ISSUANCE OF POSTHUMOUS COMMISSIONS AND WARRANTS. 

(a) POSTHUMOUS COMMISSIONS.—Section 1521 of title 10, United 

States Code, is amended— 

(1) in subsection (a), by striking ‘‘in line of duty’’ each place 

it appears; and 

(2) by adding at the end the following new subsection: 

‘‘(c) A commission issued under subsection (a) in connection with 

the promotion of a deceased member to a higher commissioned 

grade shall require certification by the Secretary concerned that, at 

the time of death of the member, the member was qualified for appointment to that higher grade.’’. 

(b) POSTHUMOUS WARRANTS.—Section 1522 of such title is 

amended— 

(1) in subsection (a), by striking ‘‘in line of duty’’; and 

(2) by adding at the end the following new subsection: 

‘‘(c) A warrant issued under subsection (a) in connection with the 

promotion of a deceased member to a higher grade shall require a 

finding by the Secretary concerned that, at the time of death of the 

member, the member was qualified for appointment to that higher 

grade.’’. 

SEC. 503. AUTHORIZED NUMBER OF GENERAL OFFICERS ON ACTIVE 

DUTY IN THE ARMY AND MARINE CORPS, LIMITED EXCLUSION FOR JOINT DUTY REQUIREMENTS, AND INCREASE 

IN NUMBER OF OFFICERS SERVING IN GRADES ABOVE 

MAJOR GENERAL AND REAR ADMIRAL. 

(a) INCREASE IN NUMBER OF ARMY GENERAL OFFICERS.—Section 

526(a)(1) of title 10, United States Code, is amended by striking 

‘‘302’’ and inserting ‘‘307’’. 

(b) INCREASE IN NUMBER OF MARINE CORPS GENERAL OFFICERS.—Section 526(a)(4) of such title is amended by striking ‘‘80’’ 

and inserting ‘‘81’’. 

(c) INCREASE IN EXCLUSION FOR JOINT DUTY REQUIREMENTS.— 

Section 526(b)(1) of such title is amended by striking ‘‘12’’ and inserting ‘‘65’’. 


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(d) INCREASE IN NUMBER OF OFFICERS SERVING IN GRADES

ABOVE MAJOR GENERAL AND REAR ADMIRAL.—Section 525 of such 

title is amended— 

(1) in the first sentence of subsection (a), by striking ‘‘that 

armed force’’ and inserting ‘‘the Army or Air Force, or more 

than 51 percent of the general officers of the Marine Corps,’’; 

and 

(2) in subsection (b)— 

(A) in paragraphs (1) and (2)(A), by striking ‘‘16.3 percent’’ each place it appears and inserting ‘‘16.4 percent’’; 

and 

(B) in paragraph (2)(B), by striking ‘‘17.5 percent’’ and 

inserting ‘‘19 percent’’. 

(e) ACQUISITION AND CONTRACTING BILLETS.— 

(1) RESERVATION OF ARMY INCREASE.—The increase in the 

number of general officers on active duty in the Army, as authorized by the amendment made by subsection (a) is reserved 

for general officers in the Army who serve in an acquisition position. 

(2) RESERVATION OF PORTION OF INCREASE IN JOINT DUTY AS- SIGNMENTS EXCLUDED FROM LIMITATION.—Of the increase in 

the number of general officer and flag officer joint duty assignments that may be designated for exclusion from the limitations on the number of general officers and flag officers on active duty, as authorized by the amendment made by subsection 

(c), five of the designated assignments are reserved for general 

officers or flag officers who serve in an acquisition position, including one assignment in the Defense Contract Management 

Agency. 

SEC. 504. MODIFICATION OF AUTHORITY ON STAFF JUDGE ADVOCATE 

TO THE COMMANDANT OF THE MARINE CORPS. 

(a) GRADE OF STAFF JUDGE ADVOCATE TO THE COMMANDANT OF

THE MARINE CORPS.—Section 5046(a) of title 10, United States 

Code, is amended by striking the last sentence and inserting the 

following new sentence: ‘‘The Staff Judge Advocate to the Commandant of the Marine Corps, while so serving, has the grade of 

major general.’’. 

(b) EXCLUSION FROM GENERAL OFFICER DISTRIBUTION LIMITATIONS.—Section 525(a) of such title, as amended by section 503, is 

further amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) An officer while serving in the position of Staff Judge Advocate to the Commandant of the Marine Corps under section 5046 

of this title is in addition to the number that would otherwise be 

permitted for the Marine Corps for officers in grades above brigadier general under the first sentence of paragraph (1).’’. 

SEC. 505. ELIGIBILITY OF RESERVE OFFICERS TO SERVE ON BOARDS 

OF INQUIRY FOR SEPARATION OF REGULAR OFFICERS 

FOR SUBSTANDARD PERFORMANCE AND OTHER REASONS. 

(a) ELIGIBILITY.—Section 1187 of title 10, United States Code, is 

amended— 

(1) in subsection (a)— 


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(A) by striking paragraph (2); and 

(B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and 

(2) in subsection (b), by striking ‘‘on active duty’’ in the matter preceding paragraph (1). 

(b) CONFORMING AMENDMENT.—The heading of subsection (a) of 

such section is amended by striking ‘‘ACTIVE DUTY OFFICERS’’ and 

inserting ‘‘IN GENERAL’’. 

SEC. 506. DELAYED AUTHORITY TO ALTER DISTRIBUTION REQUIREMENTS FOR COMMISSIONED OFFICERS ON ACTIVE DUTY 

IN GENERAL OFFICER AND FLAG OFFICER GRADES AND 

LIMITATIONS ON AUTHORIZED STRENGTHS OF GENERAL 

AND FLAG OFFICERS ON ACTIVE DUTY. 

(a) IMPLEMENTATION OF SPECIAL GENERAL OFFICER AND FLAG

OFFICER AUTHORITY.— 

(1) REPORT ON PROPOSED IMPLEMENTATION.—The Secretary 

of Defense shall submit to the Committees on Armed Forces of 

the Senate and House of Representatives a report, reflecting 

input from the Armed Forces, containing the following: 

(A) A statement of the total number of validated and required joint duty assignments for general officers and flag 

officers and the total number of validated assignments for 

general officers and flag officers required by the Army, 

Navy, Air Force, and Marine Corps to meet internal (nonjoint) requirements. 

(B) A description of the process used by the Secretary of 

Defense and the Secretary of the military department concerned to validate joint general officer and flag officer requirements and authorizations under the authority provided by this section and how that process will function to 

make adjustments (increases and reductions) in the numbers of general officers and flag officers required for joint 

duty assignments and internal requirements of the Armed 

Force concerned. 

(C) A description of how the Secretary of Defense intends to minimize the incremental approaches to increases 

in the number of general officers and flag officers and the 

use of exemptions to effect such increases. 

(D) A description of how the Secretaries of the military 

departments intend to manage the increase and development of general officer and flag officer positions under the 

authority provided by this section. 

(E) An explanation of and rationale for the grade distribution of the general and flag officers in the joint pool 

authorized by subsection (f)(1). 

(F) A proposal specifying such legislative changes, including technical and conforming changes, as may be necessary to conform sections 525, 526, and 721 of title 10, 

United States Code, and such other provisions of such title 

relating to the management of general officers and flag officers to the authorities provided by this section. 

(2) TIME FOR IMPLEMENTATION.—After the end of the oneyear period beginning on the date on which the Secretary of 

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retary of Defense may implement the authorities provided by 

this section regarding the distribution of commissioned officers 

on active duty in general officer and flag officer grades and altering the limitations on authorized strengths of general and 

flag officers on active duty. 

(3) EFFECT OF IMPLEMENTATION.—After the implementation 

date specified in paragraph (2), the authorities provided by this 

section supersede any requirement of section 525, 526, or 721 

of title 10, United States Code, to the contrary. 

(b) DISTRIBUTION OF GENERAL AND FLAG OFFICERS.—After the 

implementation date specified in subsection (a)(2), no appointment 

of an officer on the active duty list officer may be made— 

(1) in the Army, if that appointment would result in more 

than— 

(A) 225 officers serving on active duty above the grade 

of colonel; 

(B) 7 officers in the grade of general; 

(C) 45 officers in a grade above the grade of major general; or 

(D) 90 officers in the grade of major general; 

(2) in the Air Force, if that appointment would result in 

more than— 

(A) 208 officers serving on active duty in a grade above 

the grade of colonel; 

(B) 9 officers in the grade of general; 

(C) 43 officers in a grade above the grade of major general; or 

(D) 73 officers in the grade of major general; 

(3) in the Navy, if that appointment would result in more 

than— 

(A) 160 officers serving on active duty in a grade above 

the grade of captain; 

(B) 6 officers in the grade of admiral; 

(C) 32 officers in a grade above the grade of rear admiral; or 

(D) 50 officers in the grade of rear admiral; or 

(4) in the Marine Corps, if that appointment would result in 

more than— 

(A) 60 officers serving on active duty in a grade above 

the grade of colonel; 

(B) 2 officers in the grade of general; 

(C) 15 officers in a grade above the grade of major general; or 

(D) 22 officers in the grade of major general. 

(c) EXCLUSION OF CERTAIN OFFICERS FROM DISTRIBUTION LIMITS.— 

(1) JOINT ASSIGNMENTS.—The limitations contained in subsection (b) do not apply to officers serving in joint duty assignments, as designated by the Secretary of Defense under section 

526(b) of title 10, United States Code, or this section or for officers released from joint duty assignments, but only during the 

60-day period beginning on the date the officer departs the 

joint duty assignment. Of the officers serving in such joint duty 

assignments— 


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(A) the number of officers in the grade of general or admiral may not exceed 20; 

(B) the number of officers in a grade above the grade of 

major general or rear admiral may not exceed 68; and 

(C) the number of officers in the grade of major general 

or rear admiral may not exceed 144. 

(2) OFFICERS AFTER RELIEF FROM CERTAIN POSITIONS.—An officer continuing to hold the grade of general or admiral under 

section 601(b)(4) of title 10 United States Code, after relief 

from the position of Chairman of the Joint Chiefs of Staff, 

Chief of Staff of the Army, Chief of Naval Operations, Chief of 

Staff of the Air Force, or Commandant of the Marine Corps 

shall not be counted for purposes of subsection (b). 

(3) ATTENDING PHYSICIAN.—An officer while serving as Attending Physician to the Congress is in addition to the number 

that would otherwise be permitted for that officer’s Armed 

Force for officers serving on active duty in grades above brigadier general or rear admiral (lower half) under subsection (b). 

(4) OFFICERS PENDING RETIREMENT OR AFTER RELIEF AND RELATED CIRCUMSTANCES.—The following officers shall not be 

counted for purposes of subsection (b): 

(A) An officer of an Armed Force in the grade of brigadier general or above or, in the case of the Navy, in the 

grade of rear admiral (lower half) or above, who is on leave 

pending the retirement, separation, or release of that officer from active duty, but only during the 60-day period beginning on the date of the commencement of such leave of 

such officer. 

(B) An officer of an Armed Force who has been relieved 

from a position designated under section 601(a) of title 10, 

United States Code, and is under orders to assume another such position, but only during the 60-day period beginning on the date on which those orders are published. 

(d) APPOINTMENTS IN EXCESS OF DISTRIBUTION LIMITS.— 

(1) APPOINTMENT AUTHORITY.—Subject to paragraph (3), the 

President— 

(A) may make appointments in the Army, Air Force, and 

Marine Corps in the grade of lieutenant general and in the 

Army, Air Force, and Marine Corps in the grade of general 

in excess of the applicable numbers determined under subsection (b) if each such appointment is made in conjunction 

with an offsetting reduction under paragraph (2); and 

(B) may make appointments in the Navy in the grades 

of vice admiral and admiral in excess of the applicable 

numbers determined under subsection (b) if each such appointment is made in conjunction with an offsetting reduction under paragraph (2). 

(2) OFFSETTING REDUCTIONS.—For each appointment made 

under the authority of paragraph (1) in the Army, Air Force, 

or Marine Corps in the grade of lieutenant general or general 

or in the Navy in the grade of vice admiral or admiral, the 

number of appointments that may be made in the equivalent 

grade in one of the other Armed Forces (other than the Coast 

Guard) shall be reduced by one. When such an appointment is 


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made, the President shall specify the Armed Force in which 

the reduction required by this paragraph is to be made. 

(3) MAXIMUM.—The number of officers that may be serving 

on active duty in the grades of lieutenant general and vice admiral by reason of appointments made under the authority of 

paragraph (1) may not exceed 15. The number of officers that 

may be serving on active duty in the grades of general and admiral by reason of appointments made under the authority of 

paragraph (1) may not exceed 5. 

(4) DURATION OF REDUCTION.—Upon the termination of the 

appointment of an officer in the grade of lieutenant general or 

vice admiral or general or admiral that was made in connection with an increase under paragraph (1) in the number of officers that may be serving on active duty in that Armed Force 

in that grade, the reduction made under paragraph (2) in the 

number of appointments permitted in such grade in another 

Armed Force by reason of that increase shall no longer be in 

effect. 

(e) AUTHORIZED STRENGTH LIMITS FOR GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.—After the implementation date specified in 

subsection (a)(2), the number of general officers on active duty in 

the Army, Air Force, and Marine Corps, and the number of flag officers on active duty in the Navy, may not exceed the number specified for the Armed Force concerned as follows: 

(1) For the Army, 225. 

(2) For the Navy, 160. 

(3) For the Air Force, 208. 

(4) For the Marine Corps, 60. 

(f) LIMITED EXCLUSION FOR JOINT DUTY REQUIREMENTS.— 

(1) DESIGNATION OF POSITIONS.—The Secretary of Defense 

may designate up to 324 general officer and flag officer positions that are joint duty assignments for the purposes of chapter 38 of title 10, United States Code, for exclusion from the 

limitations in subsection (e). The Secretary of Defense will allocate these exclusions to the Armed Forces based on the number of general or flag officers required from each Armed Force 

for assignment to these designated positions. 

(2) MINIMUM NUMBER OF POSITIONS.—Unless the Secretary of 

Defense determines that a lower number is in the best interests of the United States, the minimum number of officers 

serving in positions designated under paragraph (1) for each 

Armed Force shall be as follows: 

(A) For the Army, 85. 

(B) For the Navy, 61. 

(C) For the Air Force, 76. 

(D) For the Marine Corps, 21. 

(g) TEMPORARY EXCLUSION FOR ASSIGNMENT TO CERTAIN TEM- PORARY BILLETS.—The limitations in subsection (e) do not apply to 

a general or flag officer assigned to a temporary joint duty assignment billet designated by the Secretary of Defense for purposes of 

this section. A general or flag officer assigned to a temporary joint 

duty assignment as described in this subsection may not be excluded under this subsection from the limitations in subsection (e) 

for a period longer than one year. 


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(h) EXCLUSION OF CERTAIN RESERVE OFFICERS.— (1) DISTRIBUTION LIMITS.—The limitations of subsection (b) 

do not apply to a reserve component general or flag officer who 

is on active duty and serving in billets other than joint duty 

assignments under a call or order specifying a period of not 

longer than two years. 

(2) AUTHORIZED STRENGTH LIMITS.—The limitations in subsection (e) do not apply to a reserve component general or flag 

officer who is on active duty and serving in a position that is 

a joint duty assignment for the purposes of chapter 38 of title 

10, United States Code, for a period not to exceed three years. 

(i) PENDING OR AFTER JOINT DUTY ASSIGNMENTS.—Upon determination by the Secretary of Defense that such action is in the national interest, the Secretary may allow the Secretary of a military 

department to exceed the distribution of general and flag officers 

established under subsection (b) and the limitation in subsection 

(e) for up to one year for officers pending assignment to or return 

from joint duty assignments designated under section 526(b) of title 

10, United States Code, or this section. 

Subtitle B—Reserve Component 

Management 

SEC. 511. EXTENSION TO OTHER RESERVE COMPONENTS OF ARMY AUTHORITY FOR DEFERRAL OF MANDATORY SEPARATION 

OF MILITARY TECHNICIANS (DUAL STATUS) UNTIL AGE 60. 

Section 10216(f) of title 10, United States Code, is amended by 

inserting ‘‘and the Secretary of the Air Force’’ after ‘‘Secretary of 

the Army’’. 

SEC. 512. MODIFICATION OF AUTHORIZED STRENGTHS FOR CERTAIN 

ARMY NATIONAL GUARD, MARINE CORPS RESERVE, AND 

AIR NATIONAL GUARD OFFICERS AND ARMY NATIONAL 

GUARD ENLISTED PERSONNEL SERVING ON FULL-TIME 

RESERVE COMPONENT DUTY. 

(a) ARMY NATIONAL GUARD AND MARINE CORPS RESERVE OFFI- CERS.—The table in section 12011(a) of title 10, United States 

Code, relating to the number of officers of a reserve component who 

may be serving in the grades of major, lieutenant colonel, or colonel 

given the total number of members of that reserve component serving on full-time reserve component duty, is amended by striking 

the portion of the table relating to the Army National Guard and 

the Marine Corps Reserve and inserting the following: 

‘‘Army National Guard: 

20,000 .............................. 1,500 850 325 

22,000 .............................. 1,650 930 350 

24,000 .............................. 1,790 1,010 378 

26,000 .............................. 1,930 1,085 395 

28,000 .............................. 2,070 1,168 420 

30,000 .............................. 2,200 1,245 445 

32,000 .............................. 2,330 1,315 460 


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‘‘Army National Guard: 

34,000 .............................. 2,450 1,385 470 

36,000 .............................. 2,570 1,455 480 

38,000 .............................. 2,670 1,527 490 

40,000 .............................. 2,770 1,590 500 

42,000 .............................. 2,837 1,655 505 

‘‘Marine Corps Reserve: 

1,000 ................................ 99 63 20

1,200 ................................ 103 67 21

1,300 ................................ 107 70 22

1,400 ................................ 111 73 23

1,500 ................................ 114 76 24

1,600 ................................ 117 79 25

1,700 ................................ 120 82 26

1,800 ................................ 123 85 27

1,900 ................................ 126 88 28

2,000 ................................ 129 91 29

2,100 ................................ 132 94 30

2,200 ................................ 134 97 31

2,300 ................................ 136 100 32

2,400 ................................ 138 103 33

2,500 ................................ 140 106 34

2,600 ................................ 142 109 35’’. 

(b) AIR NATIONAL GUARD OFFICERS.—The table in such section is 

further amended by striking the portion of the table relating to the 

Air National Guard and inserting the following: 

‘‘Air National Guard: 

5,000 ................................ 333 335 251

6,000 ................................ 403 394 260

7,000 ................................ 472 453 269

8,000 ................................ 539 512 278

9,000 ................................ 606 571 287

10,000 .............................. 673 665 313

11,000 .............................. 740 759 339

12,000 .............................. 807 827 353

13,000 .............................. 873 886 363

14,000 .............................. 939 945 374

15,000 .............................. 1,005 1,001 384

16,000 .............................. 1,067 1,057 394

17,000 .............................. 1,126 1,113 404

18,000 .............................. 1,185 1,169 414


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‘‘Air National Guard: 

19,000 .............................. 1,235 1,224 424

20,000 .............................. 1,283 1,280 428’’. 

(c) ARMY NATIONAL GUARD ENLISTED PERSONNEL.—The table in 

section 12012(a) of such title, relating to the number of members 

of a reserve component who may be serving in the grade of E–8 or 

E–9 given the total number of members of that reserve component 

serving on full-time reserve component duty, is amended by striking the portion of the table relating to the Army National Guard 

and inserting the following: 

‘‘Army National Guard: 

20,000 ...................................................... 1,650 550

22,000 ...................................................... 1,775 615

24,000 ...................................................... 1,950 645

26,000 ...................................................... 2,100 675

28,000 ...................................................... 2,250 715

30,000 ...................................................... 2,400 735

32,000 ...................................................... 2,500 760

34,000 ...................................................... 2,600 780

36,000 ...................................................... 2,700 800

38,000 ...................................................... 2,800 820

40,000 ...................................................... 2,900 830

42,000 ...................................................... 3,000 840’’. 

SEC. 513. CLARIFICATION OF AUTHORITY TO CONSIDER FOR A VACANCY PROMOTION NATIONAL GUARD OFFICERS ORDERED TO ACTIVE DUTY IN SUPPORT OF A CONTINGENCY 

OPERATION. 

(a) ADDITIONAL EXCEPTION.—Subsection (d) of section 14317 of 

title 10, United States Code, is amended— 

(1) in the first sentence— 

(A) by striking ‘‘Except’’ and inserting ‘‘(1) Except’’; 

(B) by striking ‘‘unless the officer is ordered’’ and inserting ‘‘unless the officer— 

‘‘(A) is ordered’’; 

(C) by striking the period at the end and inserting ‘‘; or’’; 

and 

(D) by adding at the end the following new subparagraph: 

‘‘(B) has been ordered to or is serving on active duty in support of a contingency operation.’’; and 

(2) in the second sentence, by striking ‘‘If’’ and inserting the 

following: 

‘‘(2) If’’. 

(b) CONSIDERATION FOR PROMOTION BY EXAMINATION FOR FED- ERAL RECOGNITION.—Subsection (e)(1)(B) of such section is amended by inserting before the period at the end the following: ‘‘, or by 

examination for Federal recognition under title 32’’. 


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SEC. 514. INCREASE IN MANDATORY RETIREMENT AGE FOR CERTAIN 

RESERVE OFFICERS. 

(a) SELECTIVE SERVICE AND PROPERTY AND FISCAL OFFICERS.— 

Section 12647 of title 10, United States Code, is amended by striking ‘‘60 years’’ and inserting ‘‘62 years’’. 

(b) CERTAIN RESERVE OFFICERS IN GRADES OF MAJOR THROUGH

BRIGADIER GENERAL.—Section 14702(b) of such title is amended— 

(1) in the subsection heading, by striking ‘‘AT AGE 60’’ and 

inserting ‘‘FOR AGE’’; and 

(2) by striking ‘‘subsection (a)(1) or (a)(2).’’ and all that follows through the period at the end of the last sentence and inserting the following: ‘‘paragraph (1) or (2) of subsection (a). An 

officer described in paragraph (1) of such subsection may not 

be retained under this section after the last day of the month 

in which the officer becomes 62 years of age. An officer described in paragraph (2) of such subsection may not be retained under this section after the last day of the month in 

which the officer becomes 60 years of age.’’. 

(c) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading of section 14702 of such 

title is amended to read as follows: 

‘‘§ 14702. Retention on reserve active-status list of certain officers in the grade of major, lieutenant colonel, 

colonel, or brigadier general’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 1409 of such title is amended by striking the 

item relating to section 14702 and inserting the following new 

item: 

‘‘14702. Retention on reserve active-status list of certain officers in the grade of 

major, lieutenant colonel, colonel, or brigadier general.’’. 

SEC. 515. AGE LIMIT FOR RETENTION OF CERTAIN RESERVE OFFICERS ON ACTIVE-STATUS LIST AS EXCEPTION TO REMOVAL FOR YEARS OF COMMISSIONED SERVICE. 

Section 14508 of title 10, United States Code, is amended— 

(1) by redesignating subsection (g) as subsection (h); and 

(2) by inserting after subsection (f) the following new subsection (g): 

‘‘(g) RETENTION OF LIEUTENANT GENERALS.—A reserve officer of 

the Army or Air Force in the grade of lieutenant general who 

would otherwise be removed from an active status under subsection 

(c) may, in the discretion of the Secretary of the Army or the Secretary of the Air Force, as the case may be, be retained in an active 

status, but not later than the date on which the officer becomes 66 

years of age.’’. 

SEC. 516. AUTHORITY TO RETAIN RESERVE CHAPLAINS AND OFFICERS IN MEDICAL AND RELATED SPECIALTIES UNTIL 

AGE 68. 

(a) RESERVE CHAPLAINS AND MEDICAL OFFICERS.—Section 

14703(b) of title 10, United States Code, is amended by striking ‘‘67 

years’’ and inserting ‘‘68 years’’. 

(b) NATIONAL GUARD CHAPLAINS AND MEDICAL OFFICERS.—Section 324 of title 32, United States Code, is amended by adding at 

the end the following new subsection: 


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‘‘(c) Notwithstanding subsection (a)(1), an officer of the National 

Guard serving as a chaplain, medical officer, dental officer, nurse, 

veterinarian, Medical Service Corps officer, or biomedical sciences 

officer may be retained, with the officer’s consent, until the date on 

which the officer becomes 68 years of age.’’. 

SEC. 517. MODIFICATION OF AUTHORITIES ON DUAL DUTY STATUS OF 

NATIONAL GUARD OFFICERS. 

(a) DUAL DUTY STATUS AUTHORIZED FOR ANY OFFICER ON ACTIVE

DUTY.—Subsection (a)(2) of section 325 of title 32, United States 

Code, is amended by striking ‘‘in command of a National Guard 

unit’’. 

(b) ADVANCE AUTHORIZATION AND CONSENT TO DUAL DUTY STATUS.—Such section is further amended— 

(1) by redesignating subsection (b) as subsection (c); and 

(2) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) ADVANCE AUTHORIZATION AND CONSENT.—The President and 

the Governor of a State or Territory, or of the Commonwealth of 

Puerto Rico, or the commanding general of the District of Columbia 

National Guard, as applicable, may give the authorization or consent required by subsection (a)(2) with respect to an officer in advance for the purpose of establishing the succession of command of 

a unit.’’. 

SEC. 518. STUDY AND REPORT REGARDING MARINE CORPS PERSONNEL POLICIES REGARDING ASSIGNMENTS IN INDIVIDUAL READY RESERVE. 

(a) STUDY.—The Secretary of the Navy shall conduct a study to 

analyze the policies and procedures used by the Marine Corps Reserve during fiscal years 2001 through 2008 to govern the assignment of members of the Marine Corps Reserve in the Individual 

Ready Reserve. 

(b) ELEMENTS.—The study shall contain, at a minimum, the following elements: 

(1) A summary of the actual policies and procedures used to 

assign members of the Marine Corps Reserve to the Individual 

Ready Reserve and to remove members from the Individual 

Ready Reserve, to include the grade and authority of the official responsible for making the decision regarding the assignment. 

(2) The number of members of the Marine Corps Reserve assigned to the Individual Ready Reserve during fiscal years 

2001 through 2008. 

(3) The number of members of the Marine Corps Reserve 

who spent less than 12 months in the Individual Ready Reserve during fiscal years 2001 through 2008, categorized by the 

reason provided for assigning the members to the Individual 

Ready Reserve. 

(4) The impact of assigning a member of the Marine Corps 

Reserve to the Individual Ready Reserve on the eligibility of 

the member for health care coverage under TRICARE. 

(5) The policies and procedures used to account for members 

of the Marine Corps Reserve who are excess to a unit’s authorization document, to include members selected for promotion or 


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command who have not yet been promoted or assumed duties 

as officers in command. 

(6) Recommendations for improvements to policies and procedures used to assign members of the Marine Corps Reserve to 

the Individual Ready Reserve and to remove members from the 

Individual Ready Reserve. 

(c) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the 

Committee on Armed Services of the Senate and House of Representatives a report containing the results of the study. 

SEC. 519. REPORT ON COLLECTION OF INFORMATION ON CIVILIAN 

SKILLS OF MEMBERS OF THE RESERVE COMPONENTS OF 

THE ARMED FORCES. 

Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability, utility, and cost effectiveness of the following: 

(1) The collection by the Department of Defense of information on the civilian skills, qualifications, and professional certifications of members of the reserve components of the Armed 

Forces that are relevant to military manpower requirements. 

(2) The establishment by each military department, and by 

the Department of Defense generally, of a system that would 

match billets and personnel requirements with members of the 

reserve components of the Armed Forces who have skills, 

qualifications, and certifications relevant to such billets and requirements. 

(3) The establishment by the Department of Defense of one 

or more systems accessible by private employers who employ 

individuals with skills, qualifications, and certifications possessed by members of the reserve components of the Armed 

Forces to assist such employers in hiring and employing such 

members. 

(4) Actions to ensure that employment information collected 

for and maintained in the Civilian Employment Information 

database of the Department of Defense is current and accurate. 

(5) Actions to incorporate any matter determined feasible 

and advisable under paragraphs (1) through (4) into the Defense Integrated Military Human Resources System. 

Subtitle C—Joint Qualified Officers and 

Requirements 

SEC. 521. JOINT DUTY REQUIREMENTS FOR PROMOTION TO GENERAL 

OR FLAG OFFICER. 

(a) IN GENERAL.—Section 619a of title 10, United States Code, is 

amended— 

(1) in subsection (a), by striking ‘‘unless—’’ and all that follows through ‘‘the joint specialty’’ and inserting ‘‘unless the officer has been designated as a joint qualified officer’’; 

(2) in subsection (b)— 

(A) by striking ‘‘paragraph (1) or paragraph (2) of subsection (a), or both paragraphs (1) and (2) of subsection 


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(a),’’ in the matter preceding paragraph (1) and inserting 

‘‘subsection (a)’’; and 

(B) in paragraph (4), by striking ‘‘within that immediate 

organization is not less than two years’’ and inserting ‘‘is 

not less than two years and the officer has successfully 

completed a program of education described in subsections 

(b) and (c) of section 2155 of this title’’; and 

(3) by striking subsection (h). 

(b) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 619a. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to general or flag grade; exceptions’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of subchapter II of chapter 36 of such title is amended by 

striking the item relating to section 619a and inserting the following new item: 

‘‘619a. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to general or flag grade; exceptions.’’. 

SEC. 522. TECHNICAL, CONFORMING, AND CLERICAL CHANGES TO 

JOINT SPECIALTY TERMINOLOGY. 

(a) REFERENCE TO JOINT QUALIFIED OFFICER.— 

(1) IN GENERAL.—Subsection (a) of section 661 of title 10, 

United States Code, is amended in the second sentence by 

striking ‘‘in such manner as the Secretary of Defense directs’’ 

and inserting ‘‘as a joint qualified officer or in such other manner as the Secretary of Defense directs’’. 

(2) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 661. Management policies for joint qualified officers’’. 

(3) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 38 of such title is amended by striking the item 

related to section 661 and inserting the following new item: 

‘‘661. Management policies for joint qualified officers.’’. 

(b) JOINT DUTY ASSIGNMENTS AFTER COMPLETION OF JOINT PROFESSIONAL MILITARY EDUCATION.—Section 663 of such title is 

amended— 

(1) in subsection (a)— 

(A) in the subsection heading, by striking ‘‘JOINT SPECIALTY’’ and inserting ‘‘JOINT QUALIFIED’’; and 

(B) by striking ‘‘with the joint specialty’’ and inserting 

‘‘designated as a joint qualified officer’’; and 

(2) in subsection (b)(1), by striking ‘‘do not have the joint specialty’’ and inserting ‘‘are not designated as a joint qualified officer’’. 

(c) PROCEDURES FOR MONITORING CAREERS OF JOINT QUALIFIED

OFFICERS.— 

(1) IN GENERAL.—Section 665 of such title is amended— 


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(A) in subsection (a)(1)(A), by striking ‘‘with the joint 

specialty’’ and inserting ‘‘designated as a joint qualified officer’’; and 

(B) in subsection (b)(1), by striking ‘‘with the joint specialty’’ and inserting ‘‘designated as a joint qualified officer’’. 

(2) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 665. Procedures for monitoring careers of joint qualified 

officers’’. 

(3) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 38 of such title is amended by striking the item 

related to section 665 and inserting the following new item: 

‘‘665. Procedures for monitoring careers of joint qualified officers.’’. 

(d) JOINT SPECIALTY TERMINOLOGY IN ANNUAL REPORT.—Section 

667 of such title is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A), by striking ‘‘selected for the 

joint specialty’’ and inserting ‘‘designated as a joint qualified officer’’; and 

(B) in subparagraph (B), by striking ‘‘selection for the 

joint specialty’’ and inserting ‘‘designation as a joint qualified officer,’’; 

(2) in paragraph (2), by striking ‘‘with the joint specialty’’ 

and inserting ‘‘designated as a joint qualified officer’’; 

(3) in paragraph (3), by striking ‘‘selected for the joint specialty’’ each place it appears and inserting ‘‘designated as a 

joint qualified officer’’; 

(4) in paragraph (4)— 

(A) in subparagraph (A), by striking ‘‘selected for the 

joint specialty’’ and inserting ‘‘designated as a joint qualified officer’’; and 

(B) by striking subparagraph (B) and inserting the following new subparagraph: 

‘‘(B) a comparison of the number of officers who were 

designated as a joint qualified officer who had served in a 

Joint Duty Assignment List billet and completed Joint Professional Military Education Phase II, with the number 

designated as a joint qualified officer based on their aggregated joint experiences and completion of Joint Professional Military Education Phase II.’’; 

(5) by striking paragraphs (5) through (10), (13), and (16), 

and redesignating paragraphs (11), (12), (14) (15), (17), and 

(18) as paragraphs (7), (8), (9), (10), (12), and (13), respectively; 

(6) by inserting after paragraph (4) the following new paragraphs: 

‘‘(5) The promotion rate for officers designated as a joint 

qualified officer, compared with the promotion rate for other officers considered for promotion from within the promotion zone 

in the same pay grade and the same competitive category. A 

similar comparison will be made for officers both below the 

promotion zone and above the promotion zone. 


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‘‘(6) An analysis of assignments of officers after their designation as a joint qualified officer.’’; and 

(7) by inserting after paragraph (10), as redesignated by 

paragraph (5) of this subsection, the following new paragraph 

(11): 

‘‘(11) The number of officers in the grade of captain (or in the 

case of the Navy, lieutenant) and above certified at each level 

of joint qualification as established in regulation and policy by 

the Secretary of Defense with the advice of the Chairman of 

the Joint Chiefs of Staff. Such numbers shall be reported by 

service and grade of the officer.’’. 

SEC. 523. PROMOTION POLICY OBJECTIVES FOR JOINT QUALIFIED OFFICERS. 

Section 662 of title 10, United States Code, is amended— 

(1) in subsection (a)(2), by striking ‘‘officers who are serving 

or have served in joint duty assignments’’ and inserting ‘‘officers in the grade of major (or in the case of the Navy, lieutenant commander) or above who have been designated as a joint 

qualified officer’’; and 

(2) in subsection (b), by inserting after ‘‘joint duty assignments’’ the following: ‘‘or on the Joint Staff, and officers who 

have been designated as a joint qualified officer in the grades 

of major (or in the case of the Navy, lieutenant commander) 

through colonel (or in the case of the Navy, captain)’’. 

SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS. 

(a) SERVICE EXCLUDED FROM TOUR LENGTH.—Subsection (d) of 

section 664 of title 10, United States Code, is amended— 

(1) in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph (D): 

‘‘(D) a qualifying reassignment from a joint duty assignment— 

‘‘(i) for unusual personal reasons, including extreme 

hardship and medical conditions, beyond the control of 

the officer or the armed forces; or 

‘‘(ii) to another joint duty assignment immediately 

after— 

‘‘(I) the officer was promoted to a higher grade, 

if the reassignment was made because no joint 

duty assignment was available within the same 

organization that was commensurate with the officer’s new grade; or 

‘‘(II) the officer’s position was eliminated in a reorganization.’’; and 

(2) by striking paragraph (3) and inserting the following new 

paragraph (3): 

‘‘(3) Service in a joint duty assignment in a case in which the 

officer’s tour of duty in that assignment brings the officer’s accrued service for purposes of subsection (f)(3) to the applicable 

standard prescribed in subsection (a).’’. 

(b) COMPUTING AVERAGE LENGTH OF JOINT DUTY ASSIGNMENTS.—Subsection (e) of such section is amended by striking 

paragraph (2) and inserting the following new paragraph (2): 


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‘‘(2) In computing the average length of joint duty assignments 

for purposes of paragraph (1), the Secretary may exclude the following service: 

‘‘(A) Service described in subsection (c). 

‘‘(B) Service described in subsection (d). 

‘‘(C) Service described in subsection (f)(6).’’. 

(c) COMPLETION OF TOUR OF DUTY.—Subsection (f) of such section 

is amended— 

(1) in paragraph (3), by striking ‘‘Cumulative service’’ and inserting ‘‘Accrued joint experience’’; 

(2) in paragraph (4), by striking ‘‘(except’’ and all that follows 

through ‘‘any time)’’; and 

(3) by striking paragraph (6) and inserting the following new 

paragraph (6): 

‘‘(6) A second and subsequent joint duty assignment that is 

less than the period required under subsection (a), but not less 

than two years.’’. 

(d) ACCRUED JOINT EXPERIENCE AS FULL TOUR OF DUTY.—Subsection (g) of such section is amended to read as follows: 

‘‘(g) ACCRUED JOINT EXPERIENCE.—For the purposes of subsection (f)(3), the Secretary of Defense may prescribe, by regulation, 

certain joint experience, such as temporary duty in joint assignments, joint individual training, and participation in joint exercises, that may be aggregated to equal a full tour of duty. The Secretary shall prescribe the regulations with the advice of the Chairman of the Joint Chiefs of Staff.’’. 

(e) CONSTRUCTIVE CREDIT.—Subsection (h) of such section is 

amended— 

(1) in paragraph (1), by striking ‘‘subsection (f)(1), (f)(2), 

(f)(4), or (g)(2)’’ and inserting ‘‘paragraphs (1), (2), and (4) of 

subsection (f)’’; and 

(2) by striking paragraph (3). 

(f) REPEAL OF JOINT DUTY CREDIT FOR CERTAIN JOINT TASK

FORCE ASSIGNMENTS.—Such section is further amended by striking 

subsection (i). 

SEC. 525. DESIGNATION OF GENERAL AND FLAG OFFICER POSITIONS 

ON JOINT STAFF AS POSITIONS TO BE HELD ONLY BY RESERVE COMPONENT OFFICERS. 

Section 526(b)(2)(A) of title 10, United States Code, is amended 

by striking ‘‘a general and flag officer position’’ and inserting ‘‘up 

to three general and flag officer positions’’. 

SEC. 526. MODIFICATION OF LIMITATIONS ON AUTHORIZED 

STRENGTHS OF RESERVE GENERAL AND FLAG OFFICERS 

IN ACTIVE STATUS SERVING IN JOINT DUTY ASSIGNMENTS. 

(a) EXCLUSION OF ARMY AND AIR FORCE OFFICERS SERVING IN

JOINT DUTY ASSIGNMENTS.—Subsection (b) of section 12004 of title 

10, United States Code, is amended by adding at the end the following new paragraph; 

‘‘(4) Those serving in a joint duty assignment for purposes of 

chapter 38 of this title, except that the number of officers who 

may be excluded under this paragraph may not exceed the 

number equal to 20 percent of the number of officers authorized for the armed force concerned by subsection (a).’’. 


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(b) EXCLUSION OF NAVY OFFICERS SERVING IN JOINT DUTY ASSIGNMENTS.—Subsection (c) of such section is amended— 

(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and 

(2) in paragraph (1), by striking ‘‘(1)’’ and all that follows 

through ‘‘as follows:’’ and inserting the following: 

‘‘(1) The following Navy reserve officers shall not be counted for 

purposes of this section: 

‘‘(A) Those counted under section 526 of this title. 

‘‘(B) Those serving in a joint duty assignment for purposes 

of chapter 38 of this title, except that the number of officers 

who may be excluded under this paragraph may not exceed the 

number equal to 20 percent of the number of officers authorized for the Navy in subsection (a). 

‘‘(2) Of the number of Navy reserve officers authorized by subsection (a), 40 are distributed among the line and staff corps as follows:’’. 

(c) EXCLUSION OF MARINE CORPS OFFICERS SERVING IN JOINT

DUTY ASSIGNMENTS.—Subsection (d) of such section is amended to 

read as follows: 

‘‘(d) The following Marine Corps reserve officers shall not be 

counted for purposes of this section: 

‘‘(1) Those counted under section 526 of this title. 

‘‘(2) Those serving in a joint duty assignment for purposes of 

chapter 38 of this title, except that the number of officers who 

may be excluded under this paragraph may not exceed the 

number equal to 20 percent of the number of officers authorized for the Marine Corps in subsection (a).’’. 

SEC. 527. REPORTS ON JOINT EDUCATION COURSES AVAILABLE 

THROUGH THE DEPARTMENT OF DEFENSE. 

(a) REPORTS REQUIRED.—Not later than April 1 of each of 2009, 

2010, and 2011, the Chairman of the Joint Chiefs of Staff shall 

submit to Congress a report setting forth information on the joint 

education courses available through the Department of Defense for 

purposes of the pursuit of joint careers by officers in the Armed 

Forces. 

(b) ELEMENTS.—Each report under subsection (a) shall include, 

for the preceding year covered by the report, the following: 

(1) A list and description of the joint education courses available during the year covered by the report. 

(2) A list and description of the joint education courses listed 

under paragraph (1) that are available to, and may be completed by, officers of the reserve components of the Armed 

Forces in other than an in-resident duty status under title 10 

or 32, United States Code. 

(3) For each joint education course listed under paragraph 

(1), the number of officers from each Armed Force who pursued 

the course during the year covered by the report, including the 

number of officers of the Army National Guard and Air National Guard who pursued the course. 


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Subtitle D—General Service Authorities 

SEC. 531. INCREASE IN MAXIMUM PERIOD OF REENLISTMENT OF REGULAR MEMBERS OF THE ARMED FORCES. 

(a) INCREASE TO EIGHT-YEAR MAXIMUM.—Section 505(d) of title 

10, United States Code, is amended— 

(1) in paragraph (2), by striking ‘‘six years’’ and inserting 

‘‘eight years’’; and 

(2) in paragraph (3)(A), by striking ‘‘six years’’ and inserting 

‘‘eight years’’. 

(b) CONFORMING AMENDMENT REGARDING REENLISTMENT

BONUS.—Section 308(a)(2)(A)(ii) of title 37, United States Code, is 

amended by striking ‘‘not to exceed six’’. 

SEC. 532. PATERNITY LEAVE FOR MEMBERS OF THE ARMED FORCES. 

(a) LEAVE AUTHORIZED.—Section 701 of title 10, United States 

Code, is amended by adding at the end the following new subsection: 

‘‘(j)(1) Under regulations prescribed by the Secretary concerned, 

a married member of the armed forces on active duty whose wife 

gives birth to a child shall receive 10 days of leave to be used in 

connection with the birth of the child. 

‘‘(2) Leave under paragraph (1) is in addition to other leave authorized under this section.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the date of the enactment of this Act and applies only with respect to children born on or after that date. 

SEC. 533. PILOT PROGRAMS ON CAREER FLEXIBILITY TO ENHANCE 

RETENTION OF MEMBERS OF THE ARMED FORCES. 

(a) PILOT PROGRAMS AUTHORIZED.— (1) IN GENERAL.—Each Secretary of a military department 

may carry out pilot programs under which officers and enlisted 

members of the regular components of the Armed Forces under 

the jurisdiction of such Secretary may be inactivated from active duty in order to meet personal or professional needs and 

returned to active duty at the end of such period of inactivation from active duty. 

(2) PURPOSE.—The purpose of the pilot programs under this 

section shall be to evaluate whether permitting inactivation 

from active duty and greater flexibility in career paths for 

members of the Armed Forces will provide an effective means 

to enhance retention of members of the Armed Forces and the 

capacity of the Department of Defense to respond to the personal and professional needs of individual members of the 

Armed Forces. 

(b) LIMITATION ON ELIGIBLE MEMBERS.—A member of the Armed 

Forces is not eligible to participate in a pilot program under this 

section during any period of service required of the member— 

(1) under an agreement upon entry of the member on active 

duty; or 

(2) due to receipt by the member of a retention bonus as a 

member qualified in a critical military skill or assigned to a 

high priority unit under section 355 of title 37, United States 

Code. 


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(c) LIMITATION ON NUMBER OF PARTICIPANTS.—Not more than 20 

officers and 20 enlisted members of each Armed Force may be selected during each of calendar years 2009 through 2012 to participate in the pilot programs under this section. 

(d) PERIOD OF INACTIVATION FROM ACTIVE DUTY; EFFECT OF INACTIVATION.— 

(1) LIMITATION.—The period of inactivation from active duty 

under a pilot program under this section of a member participating in the pilot program shall be such period as the Secretary of the military department concerned shall specify in 

the agreement of the member under subsection (e), except that 

such period may not exceed three years. 

(2) EXCLUSION FROM COMPUTATION OF RESERVE OFFICER’S

TOTAL YEARS OF SERVICE.—Any service by a Reserve officer 

while participating in a pilot program under this section shall 

be excluded from computation of the officer’s total years of 

service pursuant to section 14706(a) of title 10, United States 

Code. 

(3) RETIREMENT AND RELATED PURPOSES.—Any period of participation of a member in a pilot program under this section 

shall not count toward— 

(A) eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of title 10, United 

States Code; or 

(B) computation of retired or retainer pay under chapter 

71 or 1223 of title 10, United States Code. 

(e) AGREEMENT.—Each member of the Armed Forces who participates in a pilot program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows: 

(1) To accept an appointment or enlist, as applicable, and 

serve in the Ready Reserve of the Armed Force concerned during the period of the member’s inactivation from active duty 

under the pilot program. 

(2) To undergo during the period of the inactivation of the 

member from active duty under the pilot program such inactive duty training as the Secretary concerned shall require in 

order to ensure that the member retains proficiency, at a level 

determined by the Secretary concerned to be sufficient, in the 

member’s military skills, professional qualifications, and physical readiness during the inactivation of the member from active duty. 

(3) Following completion of the period of the inactivation of 

the member from active duty under the pilot program, to serve 

two months as a member of the Armed Forces on active duty 

for each month of the period of the inactivation of the member 

from active duty under the pilot program. 

(f) CONDITIONS OF RELEASE.—The Secretary of Defense shall 

issue regulations specifying the guidelines regarding the conditions 

of release that must be considered and addressed in the agreement 

required by subsection (e). At a minimum, the Secretary shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paraVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00127 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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graph (2) of such subsection while the member is released from active duty. 

(g) ORDER TO ACTIVE DUTY.—Under regulations prescribed by 

the Secretary of the military department concerned, a member of 

the Armed Forces participating in a pilot program under this section may, in the discretion of such Secretary, be required to terminate participation in the pilot program and be ordered to active 

duty. 

(h) PAY AND ALLOWANCES.— 

(1) BASIC PAY.—During each month of participation in a pilot 

program under this section, a member who participates in the 

pilot program shall be paid basic pay in an amount equal to 

two-thirtieths of the amount of monthly basic pay to which the 

member would otherwise be entitled under section 204 of title 

37, United States Code, as a member of the uniformed services 

on active duty in the grade and years of service of the member 

when the member commences participation in the pilot program. 

(2) PROHIBITION ON RECEIPT OF SPECIAL AND INCENTIVE

PAYS.— 

(A) PROHIBITION ON RECEIPT DURING PARTICIPATION.—A 

member who participates in a pilot program shall not, 

while participating in the pilot program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of 

title 37, United States Code, that is in force when the 

member commences participation in the pilot program. 

(B) TREATMENT OF REQUIRED SERVICE.—The inactivation 

from active duty of a member participating in a pilot program shall not be treated as a failure of the member to 

perform any period of service required of the member in 

connection with an agreement for a special or incentive 

pay or bonus under chapter 5 of title 37, United States 

Code, that is in force when the member commences participation in the pilot program. 

(3) REVIVAL OF SPECIAL PAYS UPON RETURN TO ACTIVE

DUTY.— 

(A) REVIVAL REQUIRED.—Subject to subparagraph (B), 

upon the return of a member to active duty after completion by the member of participation in a pilot program— 

(i) any agreement entered into by the member under 

chapter 5 of title 37, United States Code, for the payment of a special or incentive pay or bonus that was 

in force when the member commenced participation in 

the pilot program shall be revived, with the term of 

such agreement after revival being the period of the 

agreement remaining to run when the member commenced participation in the pilot program; and 

(ii) any special or incentive pay or bonus shall be 

payable to the member in accordance with the terms 

of the agreement concerned for the term specified in 

clause (i). 

(B) LIMITATIONS.— 


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(i) LIMITATION AT TIME OF RETURN TO ACTIVE

DUTY.—Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by 

that subparagraph with respect to a member if, at the 

time of the return of the member to active duty as described in that subparagraph— 

(I) such pay or bonus is no longer authorized by 

law; or 

(II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time 

of the return of the member to active duty. 

(ii) CESSATION DURING LATER SERVICE.—Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of 

the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law. 

(C) REPAYMENT.—A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) 

shall be subject to the requirements for repayment of such 

pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37, 

United States Code. 

(D) CONSTRUCTION OF REQUIRED SERVICE.—Any service 

required of a member under an agreement covered by this 

paragraph after the member returns to active duty as described in subparagraph (A) shall be in addition to any 

service required of the member under an agreement under 

subsection (e). 

(4) CERTAIN TRAVEL AND TRANSPORTATION ALLOWANCES.— 

(A) IN GENERAL.—Subject to subparagraph (B), a member who participates in a pilot program is entitled, while 

participating in the pilot program, to the travel and transportation allowances authorized by section 404 of title 37, 

United States Code, for— 

(i) travel performed from the member’s residence, at 

the time of release from active duty to participate in 

the pilot program, to the location in the United States 

designated by the member as his residence during the 

period of participation in the pilot program; and 

(ii) travel performed to the member’s residence upon 

return to active duty at the end of the member’s participation in the pilot program. 

(B) LIMITATION.—An allowance is payable under this 

paragraph only with respect to travel of a member to and 

from a single residence. 

(i) PROMOTION.— 

(1) OFFICERS.— 

(A) LIMITATION ON PROMOTION.—An officer participating 

in a pilot program under this section shall not, while participating in the pilot program, be eligible for consideration 


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for promotion under chapter 36 or 1405 of title 10, United 

States Code. 

(B) PROMOTION AND RANK UPON RETURN TO ACTIVE

DUTY.—Upon the return of an officer to active duty after 

completion by the officer of participation in a pilot program— 

(i) the Secretary of the military department concerned shall adjust the officer’s date of rank in such 

manner as the Secretary of Defense shall prescribe in 

regulations for purposes of this section; and 

(ii) the officer shall be eligible for consideration for 

promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion. 

(2) ENLISTED MEMBERS.—An enlisted member participating 

in a pilot program shall not be eligible for consideration for 

promotion during the period that— 

(A) begins on the date of the member’s inactivation from 

active duty under the pilot program; and 

(B) ends at such time after the return of the member to 

active duty under the pilot program that the member is 

treatable as eligible for promotion by reason of time in 

grade and such other requirements as the Secretary of the 

military department concerned shall prescribe in regulations for purposes of the pilot program. 

(j) MEDICAL AND DENTAL CARE.—A member participating in a 

pilot program under this section shall, while participating in the 

pilot program, be treated as a member of the Armed Forces on active duty for a period of more than 30 days for purposes of the entitlement of the member and the member’s dependents to medical 

and dental care under the provisions of chapter 55 of title 10, 

United States Code. 

(k) REPORTS.— (1) INTERIM REPORTS.—Not later than June 1, 2011, and 

June 1, 2013, the Secretary of each military department shall 

submit to the congressional defense committees a report on the 

implementation and current status of the pilot programs conducted by such Secretary under this section. 

(2) FINAL REPORT.—Not later than March 1, 2016, the Secretary of Defense shall submit to the congressional defense 

committees a report on the pilot programs conducted under 

this section. 

(3) ELEMENTS OF REPORT.—Each interim report and the final 

report under this subsection shall include the following: 

(A) A description of each pilot program conducted under 

this section, including a description of the number of applicants for such pilot program and the criteria used to select 

individuals for participation in such pilot program. 

(B) An assessment by the Secretary concerned of the 

pilot programs, including an evaluation of whether— 

(i) the authorities of the pilot programs provided an 

effective means to enhance the retention of members 

of the Armed Forces possessing critical skills, talents, 

and leadership abilities; 


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(ii) the career progression in the Armed Forces of individuals who participate in the pilot program has 

been or will be adversely affected; and 

(iii) the usefulness of the pilot program in responding to the personal and professional needs of individual members of the Armed Forces. 

(C) Such recommendations for legislative or administrative action as the Secretary concerned considers appropriate for the modification or continuation of the pilot programs. 

(l) DURATION OF PROGRAM AUTHORITY.—The authority to conduct 

a pilot program under this section shall commence on January 1, 

2009. No member of the Armed Forces may be released from active 

duty under a pilot program under this section after December 31, 

2012. 

Subtitle E—Education and Training 

SEC. 540. AUTHORIZED STRENGTH OF MILITARY SERVICE ACADEMIES 

AND REPEAL OF PROHIBITION ON PHASED INCREASE IN 

MIDSHIPMEN AND CADET STRENGTH LIMIT AT NAVAL 

ACADEMY AND AIR FORCE ACADEMY. 

(a) MILITARY ACADEMY.—Section 4342(a) of title 10, United 

States Code, is amended by striking ‘‘4,000 or such higher number’’ 

and inserting ‘‘4,400 or such lower number’’. 

(b) NAVAL ACADEMY.—Section 6954 of such title is amended— 

(1) in subsection (a), by striking ‘‘4,000 or such higher number’’ and inserting ‘‘4,400 or such lower number’’; and 

(2) in subsection (h)(1), by striking the last sentence. 

(c) AIR FORCE ACADEMY.—Section 9342 of such title is amended— 

(1) in subsection (a), by striking ‘‘4,000 or such higher number’’ and inserting ‘‘4,400 or such lower number’’; and 

(2) in subsection (j)(1), by striking the last sentence. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to academic years at the United States 

Military Academy, the United States Naval Academy, and the Air 

Force Academy after the 2007-2008 academic year. 

SEC. 541. PROMOTION OF FOREIGN AND CULTURAL EXCHANGE ACTIVITIES AT MILITARY SERVICE ACADEMIES. 

(a) UNITED STATES MILITARY ACADEMY.— 

(1) IN GENERAL.—Chapter 403 of title 10, United States 

Code, is amended by inserting after section 4345 the following 

new section: 

‘‘§ 4345a. Foreign and cultural exchange activities 

‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of the Army may 

authorize the Academy to permit students, officers, and other representatives of a foreign country to attend the Academy for periods 

of not more than two weeks if the Secretary determines that the 

attendance of such persons contributes significantly to the development of foreign language, cross cultural interactions and understanding, and cultural immersion of cadets. 


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‘‘(b) COSTS AND EXPENSES.—The Secretary may pay the travel, 

subsistence, and similar personal expenses of persons incurred to 

attend the Academy under subsection (a). 

‘‘(c) EFFECT OF ATTENDANCE.—Persons attending the Academy 

under subsection (a) are not considered to be students enrolled at 

the Academy and are in addition to persons receiving instruction 

at the Academy under section 4344 or 4345 of this title. 

‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The Academy shall bear 

the costs of the attendance of persons under subsection (a) from 

funds appropriated for the Academy and from such additional 

funds as may be available to the Academy from a source, other 

than appropriated funds, to support cultural immersion, regional 

awareness, or foreign language training activities in connection 

with their attendance. 

‘‘(2) Expenditures from appropriated funds in support of activities under this section may not exceed $40,000 during any fiscal 

year.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item 

relating to section 4345 the following new item: 

‘‘4345a. Foreign and cultural exchange activities.’’. 

(b) NAVAL ACADEMY.— 

(1) IN GENERAL.—Chapter 603 of title 10, United States 

Code, is amended by inserting after section 6957a the following 

new section: 

‘‘§ 6957b. Foreign and cultural exchange activities 

‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of the Navy may 

authorize the Naval Academy to permit students, officers, and 

other representatives of a foreign country to attend the Naval 

Academy for periods of not more than two weeks if the Secretary 

determines that the attendance of such persons contributes significantly to the development of foreign language, cross cultural interactions and understanding, and cultural immersion of midshipmen. 

‘‘(b) COSTS AND EXPENSES.—The Secretary may pay the travel, 

subsistence, and similar personal expenses of persons incurred to 

attend the Naval Academy under subsection (a). 

‘‘(c) EFFECT OF ATTENDANCE.—Persons attending the Naval 

Academy under subsection (a) are not considered to be students enrolled at the Naval Academy and are in addition to persons receiving instruction at the Naval Academy under section 6957 or 6957a 

of this title. 

‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The Naval Academy 

shall bear the costs of the attendance of persons under subsection 

(a) from funds appropriated for the Naval Academy and from such 

additional funds as may be available to the Naval Academy from 

a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in 

connection with their attendance. 

‘‘(2) Expenditures from appropriated funds in support of activities under this section may not exceed $40,000 during any fiscal 

year.’’. 


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(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item 

relating to section 6957a the following new item: 

‘‘6957b. Foreign and cultural exchange activities.’’. 

(c) AIR FORCE ACADEMY.— 

(1) IN GENERAL.—Chapter 903 of title 10, United States 

Code, is amended by inserting after section 9345 the following 

new section: 

‘‘§ 9345a. Foreign and cultural exchange activities 

‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of the Air Force 

may authorize the Air Force Academy to permit students, officers, 

and other representatives of a foreign country to attend the Air 

Force Academy for periods of not more than two weeks if the Secretary determines that the attendance of such persons contributes 

significantly to the development of foreign language, cross cultural 

interactions and understanding, and cultural immersion of cadets. 

‘‘(b) COSTS AND EXPENSES.—The Secretary may pay the travel, 

subsistence, and similar personal expenses of persons incurred to 

attend the Air Force Academy under subsection (a). 

‘‘(c) EFFECT OF ATTENDANCE.—Persons attending the Air Force 

Academy under subsection (a) are not considered to be students enrolled at the Air Force Academy and are in addition to persons receiving instruction at the Air Force Academy under section 9344 or 

9345 of this title. 

‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The Air Force Academy 

shall bear the costs of the attendance of persons under subsection 

(a) from funds appropriated for the Air Force Academy and from 

such additional funds as may be available to the Air Force Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training 

activities in connection with their attendance. 

‘‘(2) Expenditures from appropriated funds in support of activities under this section may not exceed $40,000 during any fiscal 

year.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item 

relating to section 9345 the following new item: 

‘‘9345a. Foreign and cultural exchange activities.’’. 

SEC. 542. INCREASED AUTHORITY TO ENROLL DEFENSE INDUSTRY 

EMPLOYEES IN DEFENSE PRODUCT DEVELOPMENT PROGRAM. 

Section 7049(a) of title 10, United States Code, is amended by 

striking ‘‘25’’ and inserting ‘‘125’’. 

SEC. 543. 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: 


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‘‘§ 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 National Defense Intelligence College is accredited 

by the appropriate civilian academic accrediting agency or organization to award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation 

of the Secretary of Education on the proposed modification or redesignation. 

‘‘(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 National Defense Intelligence College to award 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: 


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‘‘§ 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 National Defense University is accredited by the appropriate civilian academic accrediting agency or organization 

to award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation 

of the Secretary of Education on the proposed modification or redesignation. 

‘‘(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 National Defense University to award 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: 


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‘‘§ 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 United States Army Command and General Staff 

College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation 

of the Secretary of Education on the proposed modification or redesignation. 

‘‘(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 

United States Army Command and General Staff College to award 

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: 


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‘‘§ 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 United States Army War College is accredited by the 

appropriate civilian academic accrediting agency or organization to award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation 

of the Secretary of Education on the proposed modification or redesignation. 

‘‘(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 

United States Army War College to award 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 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: 


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‘‘§ 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 Naval Postgraduate School is accredited by the appropriate civilian academic accrediting agency or organization 

to award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation 

of the Secretary of Education on the proposed modification or redesignation. 

‘‘(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 

Naval Postgraduate School to award 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.— 

(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 

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nents, 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 Naval War College is accredited by the appropriate 

civilian academic accrediting agency or organization to award 

the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation 

of the Secretary of Education on the proposed modification or redesignation. 

‘‘(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 

Naval War College to award 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, 

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— 


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‘‘(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 Marine Corps University is accredited by the appropriate civilian academic accrediting agency or organization to 

award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation 

of the Secretary of Education on the proposed modification or redesignation. 

‘‘(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 Marine Corps University to award 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 the Air University may, upon 

the recommendation of the faculty of the United States Air Force 

Institute of Technology, confer appropriate degrees upon graduates 

of the United States Air Force Institute of Technology who meet 

the degree requirements. 


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‘‘(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 United States Air Force Institute of Technology is 

accredited by the appropriate civilian academic accrediting 

agency or organization to award the degree, 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 or redesignation 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 or redesignation and any subsequent recommendation 

of the Secretary of Education on the proposed modification or redesignation. 

‘‘(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 

United States Air Force Institute of Technology to award 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 AND TUITION.—(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 


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Institute, the Secretary of the Air Force shall charge that member 

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 the 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 Air University is accredited by the appropriate civilian academic accrediting agency or organization to award the 

degree, as determined by the Secretary of Education. 


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‘‘(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 or redesignation 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 or redesignation and any subsequent recommendation 

of the Secretary of Education on the proposed modification or redesignation. 

‘‘(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 Air 

University to award 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.—The amendments made by this section 

shall apply to any degree granting authority established, modified, 

or redesignated on or after the date of enactment of this Act for an 

institution of professional military education referred to in such 

amendments. 

SEC. 544. TUITION FOR ATTENDANCE OF FEDERAL EMPLOYEES AT 

THE UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY. 

Subsection (e) of section 9314 of title 10, United States Code, as 

amended by section 543(h), is further amended by adding at the 

end the following new paragraphs: 

‘‘(4)(A) The Institute shall charge tuition for the cost of providing 

instruction at the Institute for any civilian employee of a military 

department (other than a civilian employee of the Department of 

the Air Force), of another component of the Department of Defense, 

or of another Federal agency who receives instruction at the Institute. 

‘‘(B) The cost of any tuition charged an individual under this 

paragraph shall be borne by the department, agency, or component 

sending the individual for instruction at the Institute. 

‘‘(5) Amounts received by the Institute for the instruction of students under this subsection shall be retained by the Institute. Such 

amounts shall be available to the Institute to cover the costs of 


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such instruction. The source and disposition of such amounts shall 

be specifically identified in the records of the Institute.’’. 

SEC. 545. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE 

UNITED STATES AIR FORCE ACADEMY. 

Section 9331(b)(4) of title 10, United States Code, is amended by 

striking ‘‘21 permanent professors’’ and inserting ‘‘23 permanent 

professors’’. 

SEC. 546. REQUIREMENT OF COMPLETION OF SERVICE UNDER HONORABLE CONDITIONS FOR PURPOSES OF ENTITLEMENT 

TO EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS. 

(a) REQUIREMENT OF HONORABLE SERVICE.—Section 16164(a)(2) 

of title 10, United States Code, is amended by striking ‘‘other than 

dishonorable conditions’’ and inserting ‘‘honorable conditions’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the date of the enactment of this Act and shall 

apply to a person described in section 16163 of title 10, United 

States Code, who— 

(1) separates from a reserve component on or after January 

28, 2008, the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2008; and 

(2) as of the date of the enactment of this Act, has not used 

any of the person’s entitlement to educational assistance under 

chapter 1607 of such title. 

SEC. 547. CONSISTENT EDUCATION LOAN REPAYMENT AUTHORITY 

FOR HEALTH PROFESSIONALS IN REGULAR COMPONENTS AND SELECTED RESERVE. 

Section 16302(c) of title 10, United States Code, is amended by 

striking paragraphs (2) and (3) and inserting the following new 

paragraph: 

‘‘(2) The annual maximum amount of a loan that may be repaid 

under this section shall be the same as the maximum amount in 

effect for the same year under subsection (e)(2) of section 2173 of 

this title for the education loan repayment program under such section.’’. 

SEC. 548. INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE OFFICERS’ TRAINING CORPS. 

(a) PLAN FOR INCREASE.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop 

and implement a plan to establish and support, not later than September 30, 2020, not less than 3,700 units of the Junior Reserve 

Officers’ Training Corps. 

(b) EXCEPTIONS.—The requirement imposed in subsection (a) 

shall not apply— 

(1) if the Secretary fails to receive an adequate number or 

requests for Junior Reserve Officers’ Training Corps units by 

public and private secondary educational institutions; or 

(2) during a time of national emergency when the Secretaries 

of the military departments determine that funding must be 

allocated elsewhere. 

(c) COOPERATION.—The Secretary of Defense, as part of the plan 

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crease the employment in Junior Reserve Officers’ Training Corps 

units of retired members of the Armed Forces who are retired 

under chapter 61 of title 10, United States Code, especially members who were wounded or injured while deployed in a contingency 

operation. 

(d) REPORT ON PLAN.—Upon completion of the plan, the Secretary of Defense shall provide a report to the congressional defense committees containing, at a minimum, the following: 

(1) A description of how the Secretaries of the military departments expect to achieve the number of units of the Junior 

Reserve Officers’ Training Corps specified in subsection (a), including how many units will be established per year by each 

service. 

(2) The annual funding necessary to support the increase in 

units, including the personnel costs associated. 

(3) The number of qualified private and public schools, if 

any, who have requested a Junior Reserve Officers’ Training 

Corps unit that are on a waiting list. 

(4) Efforts to improve the increased distribution of units geographically across the United States. 

(5) Efforts to increase distribution of units in educationally 

and economically deprived areas. 

(6) Efforts to enhance employment opportunities for qualified 

former military members retired for disability, especially those 

wounded while deployed in a contingency operation. 

(e) TIME FOR SUBMISSION.—The plan required under subsection 

(a), along with the report required by subsection (d), shall be submitted to the congressional defense committees not later than 

March 31, 2009. The Secretary of Defense shall submit an up-dated 

report annually thereafter until the minimum number of units of 

the Junior Reserve Officers’ Training Corps specified in subsection 

(a) is achieved. 

SEC. 549. CORRECTION OF ERRONEOUS ARMY COLLEGE FUND BENEFIT AMOUNTS. 

(a) CORRECTION AND PAYMENT AUTHORITY.— 

(1) CONSIDERATION OF REQUESTS FOR CORRECTION.—The Secretary of the Army may 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. 

(2) PAYMENT AUTHORITY.—If the Secretary of the Army determines that the correction of military records is appropriate 

in response to a request received under paragraph (1), the Secretary may pay such amounts as the Secretary considers necessary to ensure fairness and equity with regard to the request. 

(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. 


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(c) FUNDING SOURCE.—Payments under subsection (a)(2) shall be 

made solely from funds appropriated for military personnel programs for fiscal year 2009. 

(d) TERMINATION DATE.—No payment may be made under subsection (a)(2) after December 31, 2009. 

SEC. 550. 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. 

Subtitle F—Defense Dependents’ 

Education 

SEC. 551. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 

MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 

DEFENSE CIVILIAN EMPLOYEES. 

(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF

MILITARY DEPENDENT STUDENTS.—Of the amount authorized to be 

appropriated for fiscal year 2009 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $35,000,000 

shall be available only for the purpose of providing assistance to 

local educational agencies under subsection (a) of section 572 of the 

National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b). 

(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE

TO BASE CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE RELOCATIONS.—Of the amount authorized to be appropriated for fiscal 

year 2009 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $15,000,000 shall be available 

only for the purpose of providing assistance to local educational 

agencies under subsection (b) of such section 572. 

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

term ‘‘local educational agency’’ has the meaning given that term 


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in section 8013(9) of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7713(9)). 

SEC. 552. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 

Of the amount authorized to be appropriated for fiscal year 2009 

pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments 

under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 

106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 

SEC. 553. TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG 

LOCAL EDUCATIONAL AGENCIES. 

Subsection (d) of section 574 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 

120 Stat. 2227; 20 U.S.C. 7703b note) is amended to read as follows: 

‘‘(d) TRANSITION OF MILITARY DEPENDENTS AMONG LOCAL EDUCATIONAL AGENCIES.—(1) The Secretary of Defense shall work collaboratively with the Secretary of Education in any efforts to ease 

the transitions of military dependent students from Department of 

Defense dependent schools to other schools and among schools of 

local educational agencies. 

‘‘(2) The Secretary of Defense may use funds of the Department 

of Defense Education Activity for the following purposes: 

‘‘(A) To share expertise and experience of the Activity with 

local educational agencies as military dependent students 

make the transitions described in paragraph (1), including 

transitions resulting from the closure or realignment of military installations under a base closure law, global rebasing, 

and force restructuring. 

‘‘(B) To provide programs for local educational agencies with 

military dependent students undergoing the transitions described in paragraph (1), including— 

‘‘(i) distance learning programs; and 

‘‘(ii) training programs to improve the ability of military 

dependent students who attend public schools in the 

United States and their teachers to meet the educational 

needs of such students. 

‘‘(3) The authority provided by this subsection expires September 

30, 2013.’’. 

SEC. 554. CALCULATION OF PAYMENTS FOR ELIGIBLE FEDERALLY 

CONNECTED CHILDREN UNDER DEPARTMENT OF EDUCATION’S IMPACT AID PROGRAM. 

In fiscal year 2009, section 8003(a)(2)(C)(i) of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) shall 

be applied by substituting ‘‘5,000’’ for ‘‘6,500’’. 

Subtitle G—Military Justice 

SEC. 561. EFFECTIVE PERIOD OF MILITARY PROTECTIVE ORDERS. 

(a) IN GENERAL.—Chapter 80 of title 10, United States Code, is 

amended by adding at the end the following new section: 


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‘‘SEC. 1567. DURATION OF MILITARY PROTECTIVE ORDERS. 

‘‘A military protective order issued by a military commander 

shall remain in effect until such time as the military commander 

terminates the order or issues a replacement order.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘1567. Duration of military protective orders.’’. 

SEC. 562. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY 

PROTECTIVE ORDER TO CIVILIAN LAW ENFORCEMENT. 

(a) IN GENERAL.—Chapter 80 of title 10, United States Code, is 

amended by inserting after section 1567, as added by section 561, 

the following new section: 

‘‘SEC. 1567a. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY 

PROTECTIVE ORDER TO CIVILIAN LAW ENFORCEMENT. 

‘‘(a) INITIAL NOTIFICATION.—In the event a military protective 

order is issued against a member of the armed forces and any individual involved in the order does not reside on a military installation at any time during the duration of the military protective 

order, the commander of the military installation shall notify the 

appropriate civilian authorities of— 

‘‘(1) the issuance of the protective order; and 

‘‘(2) the individuals involved in the order. 

‘‘(b) NOTIFICATION OF CHANGES OR TERMINATION.—The commander of the military installation also shall notify the appropriate 

civilian authorities of— 

‘‘(1) any change made in a protective order covered by subsection (a); and 

‘‘(2) the termination of the protective order.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1567 the following new item: 

‘‘1567a. Mandatory notification of issuance of military protective order to civilian 

law enforcement.’’. 

SEC. 563. IMPLEMENTATION OF INFORMATION DATABASE ON SEXUAL 

ASSAULT INCIDENTS IN THE ARMED FORCES. 

(a) DATABASE REQUIRED.—The Secretary of Defense shall implement a centralized, case-level database for the collection, in a manner consistent with Department of Defense regulations for restricted reporting, and maintenance of information regarding sexual assaults involving a member of the Armed Forces, including information, if available, about the nature of the assault, the victim, 

the offender, and the outcome of any legal proceedings in connection with the assault. 

(b) AVAILABILITY OF DATABASE.—The database required by subsection (a) shall be available to personnel of the Sexual Assault 

Prevention and Response Office of the Department of Defense. 

(c) IMPLEMENTATION.— (1) PLAN FOR IMPLEMENTATION.—Not later than 90 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a plan to 

provide for the implementation of the database required by 

subsection (a). 


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(2) RELATION TO DEFENSE INCIDENT-BASED REPORTING SYSTEM.—Not later than 180 days after the date of enactment of 

this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing— 

(A) a description of the current status of the Defense Incident-Based Reporting System; and 

(B) an explanation of how the Defense Incident-Based 

Reporting System will relate to the database required by 

subsection (a) 

(3) COMPLETION.—Not later than 15 months after the date of 

enactment of this Act, the Secretary shall complete implementation of the database required by subsection (a). 

(d) REPORTS.—The database required by subsection (a) shall be 

used to develop and implement congressional reports, as required 

by— 

(1) section 577(f) of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375); 

(2) section 596(c) of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163); 

(3) section 532 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364); and 

(4) sections 4361, 6980, and 9361 of title 10, United States 

Code. 

(e) TERMINOLOGY.—Section 577(b) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 

108–375) is amended by adding at the end the following new paragraph: 

‘‘(12) The Secretary shall implement clear, consistent, and 

streamlined sexual assault terminology for use throughout the 

Department of Defense.’’. 

Subtitle H—Decorations, Awards, and 

Honorary Promotions 

SEC. 571. REPLACEMENT OF MILITARY DECORATIONS. 

(a) REPLACEMENT REQUIRED.—Chapter 57 of title 10, United 

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

section: 

‘‘§ 1135. Replacement of military decorations 

‘‘(a) REPLACEMENT.—In addition to other authorities available to 

the Secretary concerned to replace a military decoration, the Secretary concerned shall replace, on a one-time basis and without 

charge, a military decoration upon the request of the recipient of 

the military decoration or the immediate next of kin of a deceased 

recipient. 

‘‘(b) MILITARY DECORATION DEFINED.—In this section, the term 

‘decoration’ means any decoration or award (other than the medal 

of honor) that may be presented or awarded by the President or the 

Secretary concerned to a member of the armed forces.’’. 


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(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘1135. Replacement of military decorations.’’. 

SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 

HONOR TO RICHARD L. ETCHBERGER FOR ACTS OF 

VALOR DURING THE VIETNAM WAR. 

(a) AUTHORIZATION.—Notwithstanding the time limitations specified in section 8744 of title 10, United States Code, or any other 

time limitation with respect to the awarding of certain medals to 

persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 

8741 of such title to former Chief Master Sergeant Richard L. 

Etchberger for the acts of valor during the Vietnam War described 

in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred to in 

subsection (a) are the actions of then Chief Master Sergeant Richard L. Etchberger as Ground Radar Superintendent of Detachment 

1, 1043rd Radar Evaluation Squadron on March 11, 1968, during 

the Vietnam War for which he was originally awarded the Air 

Force Cross. 

Subtitle I—Military Families 

SEC. 581. PRESENTATION OF BURIAL FLAG TO THE SURVIVING 

SPOUSE AND CHILDREN OF DECEASED MEMBERS OF THE 

ARMED FORCES. 

(a) INCLUSION OF SURVIVING SPOUSE AND CHILDREN; CONSOLIDA- TION OF FLAG-RELATED AUTHORITIES.—Subsection (e) of section 

1482 of title 10, United States Code, is amended— 

(1) by designating the current text as paragraph (2) and redesignating current paragraphs (1) and (2) as subparagraphs 

(A) and (B), respectively; 

(2) by inserting before paragraph (2), as so designated, the 

following: 

‘‘(e) PRESENTATION OF FLAG OF THE UNITED STATES.—(1) In the 

case of a decedent covered by section 1481 of this title, the Secretary concerned may pay the necessary expenses for the presentation of a flag of the United States to the following persons: 

‘‘(A) The person designated under subsection (c) to direct disposition of the remains of the decedent. 

‘‘(B) The parents or parent of the decedent, if the person to 

be presented a flag under subparagraph (A) is other than a 

parent of the decedent. 

‘‘(C) The surviving spouse of the decedent (including a surviving spouse who remarries after the decedent’s death), if the 

person to be presented a flag under subparagraph (A) is other 

than the surviving spouse. 

‘‘(D) Each child of the decedent, regardless of whether the 

person to be presented a flag under subparagraph (A) is a child 

of the decedent.’’; and 

(3) by inserting at the end the following new paragraphs: 

‘‘(3) A flag to be presented to a person under subparagraph (B), 

(C), or (D) of paragraph (1) shall be of equal size to the flag preVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00150 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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sented under subparagraph (A) of such paragraph to the person 

designated to direct disposition of the remains of the decedent. 

‘‘(4) This subsection does not apply to a military prisoner who 

dies while in the custody of the Secretary concerned and while 

under a sentence that includes a discharge. 

‘‘(5) In this subsection: 

‘‘(A) The term ‘parent’ includes a natural parent, a stepparent, a parent by adoption, or a person who for a period of 

not less than one year before the death of the decedent stood 

in loco parentis to the decedent. Preference under paragraph 

(1)(B) shall be given to the persons who exercised a parental 

relationship at the time of, or most nearly before, the death of 

the decedent. 

‘‘(B) The term ‘child’ has the meaning prescribed by section 

1477(d) of this title.’’. 

(b) REPEAL OF SUPERSEDED PROVISIONS.—Subsection (a) of such 

section is amended by striking paragraphs (10) and (11). 

SEC. 582. EDUCATION AND TRAINING OPPORTUNITIES FOR MILITARY 

SPOUSES. 

(a) EMPLOYMENT AND PORTABLE CAREER OPPORTUNITIES FOR

SPOUSES.—Subchapter I of chapter 88 of title 10, United States 

Code, is amended by inserting after section 1784 the following new 

section: 

‘‘§ 1784a. Education and training opportunities for military 

spouses to expand employment and portable career opportunities 

‘‘(a) PROGRAMS AND TUITION ASSISTANCE.—(1) The Secretary of 

Defense may establish programs to assist the spouse of a member 

of the armed forces described in subsection (b) in achieving— 

‘‘(A) the education and training required for a degree or credential at an accredited college, university, or technical school 

in the United States that expands employment and portable 

career opportunities for the spouse; or 

‘‘(B) the education prerequisites and professional licensure or 

credential required, by a government or government sanctioned 

licensing body, for an occupation that expands employment and 

portable career opportunities for the spouse. 

‘‘(2) As an alternative to, or in addition to, establishing a program under this subsection, the Secretary may provide tuition assistance to an eligible spouse who is pursuing education, training, 

or a license or credential to expand the spouse’s employment and 

portable career opportunities. 

‘‘(b) ELIGIBLE SPOUSES.—Assistance under this section is limited 

to a spouse of a member of the armed forces who is serving on active duty. 

‘‘(c) EXCEPTIONS.—Subsection (b) does not include— 

‘‘(1) a person who is married to, but legally separated from, 

a member of the armed forces under court order or statute of 

any State or territorial possession of the United States; and 

‘‘(2) a spouse of a member of the armed forces who is also 

a member of the armed forces. 

‘‘(d) PORTABLE CAREER OPPORTUNITIES DEFINED.—In this section, 

the term ‘portable career’ includes an occupation identified by the 


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Secretary of Defense, in consultation with the Secretary of Labor, 

as requiring education and training that results in a credential 

that is recognized nationwide by industry or specific businesses. 

‘‘(e) REGULATIONS.—The Secretary of Defense shall prescribe regulations to govern the availability and use of assistance under this 

section. The Secretary shall ensure that programs established 

under this section do not result in inequitable treatment for 

spouses of members of the armed forces who are also members, 

since they are excluded from participation in the programs under 

subsection (c)(2).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1784 the following new item: 

‘‘1784a. Education and training opportunities for military spouses to expand employment and portable career opportunities.’’. 

SEC. 583. SENSE OF CONGRESS REGARDING HONOR GUARD DETAILS 

FOR FUNERALS OF VETERANS. 

It is the sense of 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). 

Subtitle J—Other Matters 

SEC. 591. PROHIBITION ON INTERFERENCE IN INDEPENDENT LEGAL 

ADVICE BY THE LEGAL COUNSEL TO THE CHAIRMAN OF 

THE JOINT CHIEFS OF STAFF. 

Section 156(d) of title 10, United States Code, is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘The Legal Counsel’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) No officer or employee of the Department of Defense may 

interfere with the ability of the Legal Counsel to give independent 

legal advice to the Chairman of the Joint Chiefs of Staff and to the 

Joint Chiefs of Staff.’’. 

SEC. 592. INTEREST PAYMENTS ON CERTAIN CLAIMS ARISING FROM 

CORRECTION OF MILITARY RECORDS. 

(a) INTEREST PAYABLE ON CLAIMS.—Subsection (c) of section 1552 

of title 10, United States Code, is amended by adding at the end 

the following new paragraph: 

‘‘(4) If the correction of military records under this section involves setting aside a conviction by court-martial, the payment of 

a claim under this subsection in connection with the correction of 

the records shall include interest at a rate to be determined by the 

Secretary concerned, unless the Secretary determines that the payment of interest is inappropriate under the circumstances. If the 

payment of the claim is to include interest, the interest shall be 

calculated on an annual basis, and compounded, using the amount 

of the lost pay, allowances, compensation, emoluments, or other pecuniary benefits involved, and the amount of any fine or forfeiture 

paid, beginning from the date of the conviction through the date on 

which the payment is made.’’. 


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(b) CLERICAL AMENDMENTS.—Subsection (c) of such section is further amended— 

(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; 

(2) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

(3) by striking ‘‘If the claimant’’ and inserting the following: 

‘‘(2) If the claimant’’; and 

(4) by striking ‘‘A claimant’s acceptance’’ and inserting the 

following: 

‘‘(3) A claimant’s acceptance’’. 

(c) RETROACTIVE EFFECTIVENESS OF AMENDMENTS.—The amendment made by subsection (a) shall apply with respect to any sentence of a court-martial set aside by a Corrections Board on or after 

October 1, 2007, when the Corrections Board includes an order or 

recommendation for the payment of a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, 

or for the repayment of a fine or forfeiture, that arose as a result 

of the conviction. In this subsection, the term ‘‘Corrections Board’’ 

has the meaning given that term in section 1557 of title 10, United 

States Code. 

SEC. 593. EXTENSION OF LIMITATION ON REDUCTIONS OF PERSONNEL OF AGENCIES RESPONSIBLE FOR REVIEW AND 

CORRECTION OF MILITARY RECORDS. 

Section 1559(a) of title 10, United States Code, is amended by 

striking ‘‘October 1, 2008’’ and inserting ‘‘December 31, 2010’’. 

SEC. 594. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER 

NATIONAL GUARD YOUTH CHALLENGE PROGRAM. 

(a) IN GENERAL.—Subsection (d) of section 509 of title 32, United 

States Code, is amended to read as follows: 

‘‘(d) MATCHING FUNDS REQUIRED.—(1) The amount of assistance 

provided by the Secretary of Defense to a State program of the Program for a fiscal year under this section may not exceed 60 percent 

of the costs of operating the State program during that fiscal year. 

‘‘(2) The limitation in paragraph (1) may not be construed as a 

limitation on the amount of assistance that may be provided to a 

State program of the Program for a fiscal year from sources other 

than the Department of Defense.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on October 1, 2008, and shall apply with respect 

to fiscal years beginning on or after that date. 

SEC. 595. MILITARY SALUTE FOR THE FLAG DURING THE NATIONAL 

ANTHEM BY MEMBERS OF THE ARMED FORCES NOT IN 

UNIFORM AND BY VETERANS. 

Section 301(b)(1) of title 36, United States Code, is amended by 

striking subparagraphs (A) through (C) and inserting the following 

new subparagraphs: 

‘‘(A) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note; 

‘‘(B) members of the Armed Forces and veterans who are 

present but not in uniform may render the military salute 

in the manner provided for individuals in uniform; and 

‘‘(C) all other persons present should face the flag and 

stand at attention with their right hand over the heart, 


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and men not in uniform, if applicable, should remove their 

headdress with their right hand and hold it at the left 

shoulder, the hand being over the heart; and’’. 

SEC. 596. MILITARY LEADERSHIP DIVERSITY COMMISSION. 

(a) ESTABLISHMENT OF COMMISSION.—There is hereby established 

a commission to be known as the ‘‘Military Leadership Diversity 

Commission’’ (in this section referred to as the ‘‘commission’’). 

(b) COMPOSITION.— (1) MEMBERSHIP.—The commission shall be composed of the 

following members: 

(A) The Director of the Defense Manpower Management 

Center. 

(B) The Director of the Defense Equal Opportunity Management Institute. 

(C) A commissioned officer from each of the Army, Navy, 

Air Force, and Marine Corps who serves or has served in 

a leadership position with either a military department 

command or combatant command. 

(D) A retired general or flag officer from each of the 

Army, Navy, Air Force, and Marine Corps. 

(E) A retired noncommissioned officer from each of the 

Army, Navy, Air Force, and Marine Corps. 

(F) Five retired commissioned officers who served in 

leadership positions with either a military department 

command or combatant command, of whom no less than 

three shall represent the views of minority veterans. 

(G) Four individuals with expertise in cultivating diverse 

leaders in private or non-profit organizations. 

(H) An attorney with appropriate experience and expertise in constitutional and legal matters related to the duties and responsibilities of the commission. 

(2) APPOINTMENT.—The members of the commission referred 

to in subparagraphs (C) through (H) of paragraph (1) shall be 

appointed by the Secretary of Defense. 

(3) CHAIRMAN.—The Secretary of Defense shall designate one 

member described in paragraphs (1)(F) or (1)(G) as chairman 

of the commission. 

(4) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be 

appointed for the life of the commission. Any vacancy in the 

commission shall be filled in the same manner as the original 

appointment. 

(5) DEADLINE FOR APPOINTMENT.—All members of the commission shall be appointed not later than 60 days after the 

date of the enactment of this Act. 

(6) QUORUM.—Fifteen members of the commission shall constitute a quorum but a lesser number may hold hearings. 

(c) MEETINGS.— 

(1) INITIAL MEETING.—The commission shall conduct its first 

meeting not later than 30 days after the date on which a majority of the appointed members of the commission have been 

appointed. 

(2) MEETINGS.—The commission shall meet at the call of the 

chairman. 

(d) DUTIES.— 


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(1) STUDY.—The commission shall conduct a comprehensive 

evaluation and assessment of policies that provide opportunities for the promotion and advancement of minority members 

of the Armed Forces, including minority members who are senior officers. 

(2) SCOPE OF STUDY.—In carrying out the study, the commission shall examine the following: 

(A) The efforts to develop and maintain diverse leadership at all levels of the Armed Forces. 

(B) The successes and failures of developing and maintaining a diverse leadership, particularly at the general 

and flag officer positions. 

(C) The effect of expanding Department of Defense secondary educational programs to diverse civilian populations, to include military service academy preparatory 

schools. 

(D) The ability of current recruitment and retention 

practices to attract and maintain a diverse pool of qualified individuals in sufficient numbers in officer pre-commissioning programs. 

(E) The ability of current activities to increase continuation rates for ethnic- and gender-specific members of the 

Armed Forces. 

(F) The benefits of conducting an annual conference attended by civilian military, active-duty and retired military, and corporate leaders on diversity, to include a review of current policy and the annual demographic data 

from the Defense Equal Opportunity Management Institute. 

(G) The status of prior recommendations made to the 

Department of Defense and to Congress concerning diversity initiatives within the Armed Forces. 

(H) The incorporation of private sector practices that 

have been successful in cultivating diverse leadership. 

(I) The establishment and maintenance of fair promotion 

and command opportunities for ethnic- and gender-specific 

members of the Armed Forces at the O–5 grade level and 

above. 

(J) An assessment of pre-command billet assignments of 

ethnic-specific members of the Armed Forces. 

(K) An assessment of command selection of ethnic-specific members of the Armed Forces. 

(L) The development of a uniform definition, to be used 

throughout the Department of Defense, of diversity that is 

congruent with the core values and vision of the Department for the future workforce. 

(M) The existing metrics and milestones for evaluating 

the diversity plans of the Department (including the plans 

of the military departments) and for facilitating future 

evaluation and oversight. 

(N) The existence and maintenance of fair promotion, assignment, and command opportunities for ethnic- and gender-specific members of the Armed Forces at the levels of 


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warrant officer, chief warrant officer, company and junior 

grade, field and mid-grade, and general and flag officer. 

(O) The current institutional structure of the Office of 

Diversity Management and Equal Opportunity of the Department, and of similar officers of the military departments, and their ability to ensure effective and accountable diversity management across the Department. 

(P) The options available for improving the substance or 

implementation of current plans and policies of the Department and the military departments. 

(3) CONSULTATION WITH PRIVATE PARTIES.—In carrying out 

the study under this subsection, the commission may consult 

with appropriate private, for profit, and non-profit organizations and advocacy groups to learn methods for developing, implementing, and sustaining senior diverse leadership within 

the Department of Defense. 

(e) REPORTS.— 

(1) IN GENERAL.—Not later than 12 months after the date on 

which the commission first meets, the commission shall submit 

to the President and Congress a report on the study. The report shall include the following: 

(A) The findings and conclusions of the commission. 

(B) The recommendations of the commission for improving diversity within the Armed Forces. 

(C) Such other information and recommendations as the 

commission considers appropriate. 

(2) INTERIM REPORTS.—The commission may submit to the 

President and Congress interim reports as the Commission 

considers appropriate. 

(f) POWERS OF THE COMMISSION.— 

(1) HEARINGS.—The commission may hold such hearings, sit 

and act at such times and places, take such testimony, and receive such evidence as the commission considers appropriate. 

(2) INFORMATION FROM FEDERAL AGENCIES.—Upon request by 

the chairman of the commission, any department or agency of 

the Federal Government may provide information that the 

commission considers necessary to carry out its duties. 

(g) INCLUSION OF COAST GUARD.— 

(1) COAST GUARD REPRESENTATION.—In addition to the members of the commission required by subsection (b), the commission shall include two additional members, appointed by the 

Secretary of Homeland Security, in consultation with the Commandant of the Coast Guard, as follows: 

(A) A retired flag officer of the Coast Guard. 

(B) A commissioned officer or noncommissioned officer of 

the Coast Guard on active duty. 

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

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

Corps, and Coast Guard. 

(h) TERMINATION OF COMMISSION.—The commission shall terminate 60 days after the date on which the commission submits the 

report under subsection (e)(1). 


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SEC. 597. DEMONSTRATION PROJECT ON SERVICE OF RETIRED NURSE 

CORPS OFFICERS AS FACULTY AT CIVILIAN NURSING 

SCHOOLS. 

(a) IN GENERAL.—The Secretary of Defense may conduct a demonstration project to encourage retired military nurses to serve as 

faculty at civilian nursing schools. 

(b) ELIGIBILITY REQUIREMENTS.— 

(1) INDIVIDUAL.—An individual is eligible to participate in 

the demonstration project if the individual— 

(A) is a retired nurse corps officer of one of the Armed 

Forces; 

(B) has had at least 26 years of active Federal commissioned service before retiring; and 

(C) possesses a doctoral or master degree in nursing that 

qualifies the officer to become a full faculty member of an 

accredited school of nursing. 

(2) INSTITUTION.—An accredited school of nursing is eligible 

to participate in the demonstration project if the school or its 

parent institution of higher education— 

(A) is a school of nursing that is accredited to award, at 

a minimum, a bachelor of science in nursing and provides 

educational programs leading to such degree; 

(B) has a resident Reserve Officers’ Training Corps unit 

at the institution of higher education that fulfils the requirements of sections 2101 and 2102 of title 10, United 

States Code; 

(C) does not prevent Reserve Officers’ Training Corps access or military recruiting on campus, as defined in section 

983 of title 10, United States Code; 

(D) provides any retired nurse corps officer participating 

in the demonstration project a salary and other compensation at the level to which other similarly situated faculty 

members of the accredited school of nursing are entitled, 

as determined by the Secretary of Defense; and 

(E) agrees to comply with subsection (d). 

(c) COMPENSATION.—The Secretary of Defense may authorize a 

Secretary of a military department to authorize qualified institutions of higher education to employ as faculty those eligible individuals (as described in subsection (b)) who are receiving retired pay, 

whose qualifications are approved by the Secretary and the institution of higher education concerned, and who request such employment, subject to the following: 

(1) A retired nurse corps officer so employed is entitled to receive the officer’s retired pay without reduction by reason of 

any additional amount paid to the officer by the institution of 

higher education concerned. In the case of payment of any such 

additional amount by the institution of higher education concerned, the Secretary of the military department concerned 

may pay to that institution the amount equal to one-half the 

amount paid to the retired officer by the institution for any period, up to a maximum of one-half of the difference between 

the officer’s retired pay for that period and the active duty pay 

and allowances that the officer would have received for that 

period if on active duty. Payments by the Secretary concerned 


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under this paragraph shall be made from funds specifically appropriated for that purpose. 

(2) Notwithstanding any other provision of law contained in 

title 10, title 32, or title 37, United States Code, such a retired 

nurse corps officer is not, while so employed, considered to be 

on active duty or inactive duty training for any purpose. 

(d) SCHOLARSHIPS FOR NURSE OFFICER CANDIDATES.—For purposes of the eligibility of an institution under subsection (b)(2)(E), 

the following requirements apply: 

(1) Each accredited school of nursing at which a retired 

nurse corps officer serves on the faculty under this section 

shall provide full academic scholarships to individuals undertaking an educational program at such school leading to a 

bachelor of science in nursing degree who agree, upon completion of such program, to accept a commission as an officer in 

the nurse corps of one of the Armed Forces. 

(2) The total number of scholarships provided by an accredited school of nursing under paragraph (1) for each officer serving on the faculty of that school under this section shall be 

such number as the Secretary of Defense shall specify for purposes of this section. 

(3) Each accredited school of nursing shall pay to the Department of Defense an amount equal to the value of the scholarship for every nurse officer candidate who fails to be accessed 

as a nurse corps officer into one of the Armed Forces within 

one year of receiving a bachelor of science degree in nursing 

from that school. 

(4) The Secretary concerned is authorized to discontinue the 

demonstration project authorized in this section at any institution of higher education that fails to fulfill the requirements of 

paragraph (3). 

(e) REPORT.— 

(1) IN GENERAL.—Not later than 24 months after the commencement of any demonstration project under this section, 

the Secretary of Defense shall submit to the congressional defense committees a report on the demonstration project. The 

report shall include a description of the project and a description of plans for the continuation of the project, if any. 

(2) ELEMENTS.—The report shall also include, at a minimum, 

the following: 

(A) The current number of retired nurse corps officers 

who have at least 26 years of active Federal commissioned 

service who would be eligible to participate in the program. 

(B) The number of retired nurse corps officers participating in the demonstration project. 

(C) The number of accredited schools of nursing participating in the demonstration project. 

(D) The number of nurse officer candidates who have 

accessed into the military as commissioned nurse corps officers. 

(E) The number of scholarships awarded to nurse officer 

candidates. 


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(F) The number of nurse officer candidates who have 

failed to access into the military, if any. 

(G) The amount paid to the Department of Defense in 

the event any nurse officer candidates awarded scholarships by the accredited school of nursing fail to access into 

the military as commissioned nurse corps officers. 

(H) The funds expended in the operation of the demonstration project. 

(I) The recommendation of the Secretary of Defense as 

to whether the demonstration project should be extended. 

(f) DEFINITIONS.—In this section, the terms ‘‘school of nursing’’ 

and ‘‘accredited’’ have the meeting given those terms in section 801 

of the Public Health Service Act (42 U.S.C. 296). 

(g) SUNSET.—The authority in this section shall expire on June 

30, 2014. 

SEC. 598. REPORT ON PLANNING FOR PARTICIPATION AND HOSTING 

OF THE DEPARTMENT OF DEFENSE IN INTERNATIONAL 

SPORTS ACTIVITIES, COMPETITIONS, AND EVENTS. 

(a) REPORT REQUIRED.—Not later than October 1, 2009, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a comprehensive plan for the following: 

(1) The participation by personnel of the Department of Defense in international sports activities, competitions, and 

events (including the Pan American Games, the Olympic 

Games, the Paralympic Games, the Military World Games, 

other activities of the International Military Sports Council 

(CISM), and the Interallied Confederation of Reserve Officers 

(CIOR)) through fiscal year 2015. 

(2) The hosting by the Department of Defense of military 

international sports activities, competitions, and events 

through fiscal year 2015. 

(b) ELEMENTS.—The report required by subsection (a) shall include the following: 

(1) A discussion of the military international sports activities, competitions, and events that the Department of Defense 

intends to seek to host, an estimate of the costs of hosting such 

activities, competitions, and events that the Department intends to seek to host, and a description of the sources of funding for such costs. 

(2) A discussion of the use and replenishment of funds in the 

account in the Treasury for the Support for International 

Sporting Competitions for the hosting of such activities, competitions, and events that the Department intends to seek to 

host. 

(3) A discussion of the support that may be obtained from 

other departments and agencies of the Federal Government, 

State and local governments, and private entities in encouraging participation of members of the Armed Forces in international sports activities, competitions, and events or in 

hosting of military international sports activities, competitions, 

and events. 


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(4) Such recommendations for legislative or administrative 

action as the Secretary considers appropriate to implement or 

enhance planning for the matters described in subsection (a). 

TITLE VI—COMPENSATION AND OTHER 

PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Fiscal year 2009 increase in military basic pay. 

Sec. 602. Permanent extension of prohibition on charges for meals received at military treatment facilities by members receiving continuous care. 

Sec. 603. Increase in maximum authorized payment or reimbursement amount for 

temporary lodging expenses. 

Sec. 604. Availability of second family separation allowance for married couples 

with dependents. 

Sec. 605. Extension of authority for income replacement payments for reserve component members experiencing extended and frequent mobilization for 

active duty service. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces. 

Sec. 612. Extension of certain bonus and special pay authorities for health care professionals. 

Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 

Sec. 614. Extension of authorities relating to payment of other title 37 bonuses and 

special pays. 

Sec. 615. Extension of authorities relating to payment of referral bonuses. 

Sec. 616. Increase in maximum bonus and stipend amounts authorized under 

Nurse Officer Candidate Accession Program and health professions stipend program. 

Sec. 617. Maximum length of nuclear officer incentive pay agreements for service. 

Sec. 618. Technical changes regarding consolidation of special pay, incentive pay, 

and bonus authorities of the uniformed services. 

Sec. 619. Use of new skill incentive pay and proficiency bonus authorities to encourage training in critical foreign languages and foreign cultural studies and authorization of incentive pay for members of precommissioning 

programs pursuing foreign language proficiency. 

Sec. 620. Accession and retention bonuses for the recruitment and retention of officers in certain health professions. 

Subtitle C—Travel and Transportation Allowances 

Sec. 621. Special weight allowance for transportation of professional books and 

equipment for spouses. 

Sec. 622. Shipment of family pets during evacuation of personnel. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 631. Extension to survivors of certain members who die on active duty of special survivor indemnity allowance for persons affected by required Survivor Benefit Plan annuity offset for dependency and indemnity compensation. 

Sec. 632. Correction of unintended reduction in survivor benefit plan annuities due 

to phased elimination of two-tier annuity computation and supplemental annuity. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 

Operations 

Sec. 641. Use of commissary stores surcharges derived from temporary commissary 

initiatives for reserve component and retired members. 

Sec. 642. Enhanced enforcement of prohibition on sale or rental of sexually explicit 

material on military installations. 


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Subtitle F—Other Matters 

Sec. 651. Continuation of entitlement to bonuses and similar benefits for members 

of the uniformed services who die, are separated or retired for disability, or meet other criteria. 

Subtitle A—Pay and Allowances 

SEC. 601. FISCAL YEAR 2009 INCREASE IN MILITARY BASIC PAY. 

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment to 

become effective during fiscal year 2009 required by section 1009 

of title 37, United States Code, in the rates of monthly basic pay 

authorized members of the uniformed services shall not be made. 

(b) INCREASE IN BASIC PAY.—Effective on January 1, 2009, the 

rates of monthly basic pay for members of the uniformed services 

are increased by 3.9 percent. 

SEC. 602. PERMANENT EXTENSION OF PROHIBITION ON CHARGES 

FOR MEALS RECEIVED AT MILITARY TREATMENT FACILITIES BY MEMBERS RECEIVING CONTINUOUS CARE. 

Section 402(h) of title 37, United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘during any month covered 

by paragraph (3)’’ and all that follows through ‘‘this section’’; 

and 

(2) by striking paragraph (3). 

SEC. 603. INCREASE IN MAXIMUM AUTHORIZED PAYMENT OR REIMBURSEMENT AMOUNT FOR TEMPORARY LODGING EXPENSES. 

Section 404a(e) of title 37, United States Code, is amended by 

striking ‘‘$180 a day’’ and inserting ‘‘$290 a day’’. 

SEC. 604. AVAILABILITY OF SECOND FAMILY SEPARATION ALLOWANCE FOR MARRIED COUPLES WITH DEPENDENTS. 

(a) AVAILABILITY.—Section 427(d) of title 37, United States Code, 

is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘A member’’; 

(2) by striking ‘‘Section 421’’ and inserting the following: 

‘‘(3) Section 421’’; 

(3) by striking ‘‘However’’ and inserting ‘‘Except as provided 

in paragraph (2)’’; and 

(4) by inserting before paragraph (3), as so designated, the 

following new paragraph: 

‘‘(2) If a married couple, both of whom are members of the uniformed services, with dependents are simultaneously assigned to 

duties described in subparagraph (A), (B), or (C) of subsection (a)(1) 

and the members resided together with their dependents immediately before their assignments, the Secretary concerned shall pay 

each of the members the full amount of the monthly allowance 

specified in such subsection until one of the members is no longer 

assigned to duties described in such subparagraphs. Upon expiration of the additional allowance, paragraph (1) shall continue to 

apply to the remaining member so long as the member is assigned 

to duties described in subparagraph (A), (B), or (C) of such subsection.’’. 

(b) APPLICATION OF AMENDMENT.—Paragraph (2) of subsection 

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section (a), shall apply with respect to members of the uniformed 

services described in such paragraph who perform service covered 

by subparagraph (A), (B), or (C) of subsection (a)(1) such section on 

or after October 1, 2008. 

SEC. 605. EXTENSION OF AUTHORITY FOR INCOME REPLACEMENT 

PAYMENTS FOR RESERVE COMPONENT MEMBERS EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION 

FOR ACTIVE DUTY SERVICE. 

Section 910(g) of title 37, United States Code, is amended by 

striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

Subtitle B—Bonuses and Special and 

Incentive Pays 

SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES. 

(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(g) 

of title 37, United States Code, is amended by striking ‘‘December 

31, 2008’’ and inserting ‘‘December 31, 2009’’. 

(b) SELECTED RESERVE AFFILIATION OR ENLISTMENT BONUS.— 

Section 308c(i) of such title is amended by striking ‘‘December 31, 

2008’’ and inserting ‘‘December 31, 2009’’. 

(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN

HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended by 

striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

(d) READY RESERVE ENLISTMENT BONUS FOR PERSONS WITHOUT

PRIOR SERVICE.—Section 308g(f)(2) of such title is amended by 

striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

(e) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS FOR

PERSONS WITH PRIOR SERVICE.—Section 308h(e) of such title is 

amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 

31, 2009’’. 

(f) SELECTED RESERVE ENLISTMENT BONUS FOR PERSONS WITH

PRIOR SERVICE.—Section 308i(f) of such title is amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS. 

(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 

2130a(a)(1) of title 10, United States Code, is amended by striking 

‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section 

16302(d) of such title is amended— 

(1) by striking ‘‘before’’ and inserting ‘‘on or before’’; and 

(2) by striking ‘‘January 1, 2009’’ and inserting ‘‘December 

31, 2009’’. 

(c) ACCESSION BONUS FOR REGISTERED NURSES.—Section 

302d(a)(1) of title 37, United States Code, is amended by striking 

‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

(d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 

302e(a)(1) of such title is amended by striking ‘‘December 31, 2008’’ 

and inserting ‘‘December 31, 2009’’. 


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(e) SPECIAL PAY FOR SELECTED RESERVE HEALTH PROFESSIONALS

IN CRITICALLY SHORT WARTIME SPECIALTIES.—Section 302g(e) of 

such title is amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

(f) ACCESSION BONUS FOR DENTAL OFFICERS.—Section 302h(a)(1) 

of such title is amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

(g) ACCESSION BONUS FOR PHARMACY OFFICERS.—Section 302j(a) 

of such title is amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

(h) ACCESSION BONUS FOR MEDICAL OFFICERS IN CRITICALLY

SHORT WARTIME SPECIALTIES.—Section 302k(f) of such title is 

amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 

31, 2009’’. 

(i) ACCESSION BONUS FOR DENTAL SPECIALIST OFFICERS IN CRITI- CALLY SHORT WARTIME SPECIALTIES.—Section 302l(g) of such title 

is amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR 

NUCLEAR OFFICERS. 

(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING

PERIOD OF ACTIVE SERVICE.—Section 312(f) of title 37, United 

States Code, is amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of such 

title is amended by striking ‘‘December 31, 2008’’ and inserting 

‘‘December 31, 2009’’. 

(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—Section 

312c(d) of such title is amended by striking ‘‘December 31, 2008’’ 

and inserting ‘‘December 31, 2009’’. 

SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 

OTHER TITLE 37 BONUSES AND SPECIAL PAYS. 

(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of 

title 37, United States Code, is amended by striking ‘‘December 31, 

2008’’ and inserting ‘‘December 31, 2009’’. 

(b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) of such title is 

amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 

31, 2009’’. 

(c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 308(g) 

of such title is amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

(d) ENLISTMENT BONUS.—Section 309(e) of such title is amended 

by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 

2009’’. 

(e) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.— 

Section 324(g) of such title is amended by striking ‘‘December 31, 

2008’’ and inserting ‘‘December 31, 2009’’. 

(f) INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL SHORTAGE.—Section 326(g) 

of such title is amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

(g) ACCESSION BONUS FOR OFFICER CANDIDATES.—Section 330(f) 

of such title is amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 


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(h) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY

SKILLS OR ASSIGNED TO HIGH PRIORITY UNITS.—Section 355(i) of 

such title, as redesignated by section 661(c) of the National Defense 

Authorization Act for Fiscal Year 2008, is amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 

REFERRAL BONUSES. 

(a) HEALTH PROFESSIONS REFERRAL BONUS.—Subsection (i) of 

section 1030 of title 10, United States Code, as added by section 

671(b) of the National Defense Authorization Act for Fiscal Year 

2008, is amended by striking ‘‘December 31, 2008’’ and inserting 

‘‘December 31, 2009’’. 

(b) ARMY REFERRAL BONUS.—Subsection (h) of section 3252 of 

title 10, United States Code, as added by section 671(a) of the National Defense Authorization Act for Fiscal Year 2008, is amended 

by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 

2009’’. 

SEC. 616. INCREASE IN MAXIMUM BONUS AND STIPEND AMOUNTS AUTHORIZED UNDER NURSE OFFICER CANDIDATE ACCESSION PROGRAM AND HEALTH PROFESSIONS STIPEND 

PROGRAM. 

(a) BONUS UNDER NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 2130a(a)(1) of title 10, United States Code, is 

amended— 

(1) by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’; and 

(2) by striking ‘‘$5,000’’ and inserting ‘‘$10,000’’. 

(b) MONTHLY STIPEND UNDER NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 2130a(a)(2) of title is amended by striking 

‘‘of not more than $1,000’’ and inserting ‘‘in an amount not to exceed the stipend rate in effect under section 2121(d) of this title’’. 

(c) MONTHLY STIPEND FOR STUDENTS IN NURSING OR OTHER

HEALTH PROFESSIONS UNDER HEALTH PROFESSIONS STIPEND PROGRAM.—Section 16201(e)(2)(A) of title is amended by striking ‘‘stipend of $100 per month’’ and inserting ‘‘monthly stipend in an 

amount not to exceed the stipend rate in effect under section 

2121(d) of this title’’. 

SEC. 617. MAXIMUM LENGTH OF NUCLEAR OFFICER INCENTIVE PAY 

AGREEMENTS FOR SERVICE. 

Section 312(a)(3) of title 37, United States Code, is amended by 

striking ‘‘three, four, or five years’’ and inserting ‘‘not less than 

three years’’. 

SEC. 618. TECHNICAL CHANGES REGARDING CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES OF 

THE UNIFORMED SERVICES. 

(a) ELIGIBILITY REQUIREMENTS FOR NUCLEAR OFFICER BONUS

AND INCENTIVE PAY.—Section 333 of title 37, United States Code, 

is amended— 

(1) in subsection (a)(2), by striking ‘‘and operational’’; and 

(2) in subsection (b)(2), by striking ‘‘and operational’’. 

(b) RELATIONSHIP OF AVIATION INCENTIVE PAY TO OTHER PAY

AND ALLOWANCES.—Section 334(f)(1) of such title is amended by 

striking ‘‘section 351’’ and inserting ‘‘section 351(a)(2)’’. 


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(c) HEALTH PROFESSIONS INCENTIVE PAY.—Section 335(e)(1)(D)(i) 

of such title is amended by striking ‘‘dental surgeons’’ and inserting 

‘‘dental officers’’. 

(d) NO PRO-RATED PAYMENT OF CERTAIN HAZARDOUS DUTY

PAYS.—Section 351(c) of such title is amended by striking ‘‘subsection (a)’’ and inserting ‘‘paragraph (1) or (3) of subsection (a)’’. 

(e) AVAILABILITY OF HAZARDOUS DUTY PAY.—Section 351(f) of 

such title is amended— 

(1) by striking ‘‘in administering subsection (a)’’ and inserting ‘‘in connection with determining whether a triggering event 

has occurred for the provision of hazardous duty pay under 

subsection (a)(1)’’; and 

(2) by striking the last sentence. 

SEC. 619. USE OF NEW SKILL INCENTIVE PAY AND PROFICIENCY 

BONUS AUTHORITIES TO ENCOURAGE TRAINING IN CRITICAL FOREIGN LANGUAGES AND FOREIGN CULTURAL 

STUDIES AND AUTHORIZATION OF INCENTIVE PAY FOR 

MEMBERS OF PRECOMMISSIONING PROGRAMS PURSUING 

FOREIGN LANGUAGE PROFICIENCY. 

(a) ELIGIBILITY FOR SKILL PROFICIENCY BONUS.— 

(1) ELIGIBILITY.—Subsection (b) of section 353 of title 37, 

United States Code, is amended to read as follows: 

‘‘(b) SKILL PROFICIENCY BONUS.— 

‘‘(1) AVAILABILITY; ELIGIBLE PERSONS.—The Secretary concerned may pay a proficiency bonus to a member of a regular 

or reserve component of the uniformed services who— 

‘‘(A) is entitled to basic pay under section 204 of this 

title or compensation under section 206 of this title or is 

enrolled in an officer training program; and 

‘‘(B) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned or is in training to acquire 

proficiency in a critical foreign language or expertise in 

foreign cultural studies or a related skill designated as 

critical by the Secretary concerned. 

‘‘(2) INCLUSION OF CERTAIN SENIOR ROTC MEMBERS.—A proficiency bonus may be paid under this subsection to a student 

who is enrolled in the Senior Reserve Officers’ Training Corps 

program even though the student is in the first year of the 

four-year course under the program. During the period covered 

by the proficiency bonus, the student shall also be entitled to 

a monthly subsistence allowance under section 209(c) of this 

title even though the student has not entered into an agreement under section 2103a of title 10. However, if the student 

receives incentive pay under subsection (g)(2) for the same period, the student may receive only a single monthly subsistence 

allowance under section 209(c) of this title.’’. 

(2) AVAILABILITY OF INCENTIVE PAY FOR PARTICIPATION IN

FOREIGN LANGUAGE EDUCATION OR TRAINING PROGRAMS.—Such 

section is further amended— 

(A) by redesignating subsections (g), (h), and (i) as subsections (h), (i), and (j), respectively; and 

(B) by inserting after subsection (f) the following new 

subsection (g): 


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‘‘(g) FOREIGN LANGUAGE STUDIES IN OFFICER TRAINING PRO- GRAMS.— 

‘‘(1) AVAILABILITY OF INCENTIVE PAY.—The Secretary concerned may pay incentive pay to a person enrolled in an officer 

training program to also participate in an education or training 

program to acquire proficiency in a critical foreign language or 

expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned. 

‘‘(2) INCLUSION OF CERTAIN SENIOR ROTC MEMBERS.—Incentive pay may be paid under this subsection to a student who 

is enrolled in the Senior Reserve Officers’ Training Corps program even though the student is in the first year of the fouryear course under the program. While the student receives the 

incentive pay, the student shall also be entitled to a monthly 

subsistence allowance under section 209(c) of this title even 

though the student has not entered into an agreement under 

section 2103a of title 10. However, if the student receives a 

proficiency bonus under subsection (b)(2) covering the same 

month, the student may receive only a single monthly subsistence allowance under section 209(c) of this title. 

‘‘(3) CRITICAL FOREIGN LANGUAGE DEFINED.—In this section, 

the term ‘critical foreign language’ includes Arabic, Korean, 

Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian, 

Russian, Portuguese, or other language designated as critical 

by the Secretary concerned.’’. 

(b) INCENTIVE PAY AUTHORIZED.— (1) IN GENERAL.—Chapter 5 of title 37, United States Code, 

is amended by inserting after section 316 the following new 

section: 

‘‘§ 316a. Special pay: incentive pay for members of 

precommissioning programs pursuing foreign language proficiency 

‘‘(a) INCENTIVE PAY.—The Secretary of Defense may pay incentive pay under this section to an individual who— 

‘‘(1) is enrolled as a member of the Senior Reserve Officers’ 

Training Corps or the Marine Corps Platoon Leaders Class, as 

determined in accordance with regulations prescribed by the 

Secretary of Defense under subsection (e); and 

‘‘(2) participates in a language immersion program approved 

for purposes of the Senior Reserve Officers’ Training Corps, or 

in study abroad, or is enrolled in an academic course that involves instruction in a foreign language of strategic interest to 

the Department of Defense as designated by the Secretary of 

Defense for purposes of this section. 

‘‘(b) PERIOD OF PAYMENT.—Incentive pay is payable under this 

section to an individual described in subsection (a) for the period 

of the individual’s participation in the language program or study 

described in paragraph (2) of that subsection. 

‘‘(c) AMOUNT.—The amount of incentive pay payable to an indi- vidual under this section may not exceed $3,000 per year. 

‘‘(d) REPAYMENT.—An individual who is paid incentive pay under 

this section but who does not satisfactorily complete participation 

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section (a)(2), or who does not complete the requirements of the 

Senior Reserve Officers’ Training Corps or the Marine Corps Platoon Leaders Class, as applicable, shall be subject to the repayment 

provisions of section 303a(e) of this title. 

‘‘(e) REGULATIONS.—This section shall be administered under regulations prescribed by the Secretary of Defense. 

‘‘(f) REPORTS.—Not later than January 1, 2010, and annually 

thereafter through 2014, the Secretary of Defense shall submit to 

the Director of the Office of Management and Budget, and to Congress, a report on the payment of incentive pay under this section 

during the preceding fiscal year. Each report shall include, for the 

fiscal year covered by such report, the following: 

‘‘(1) The number of individuals paid incentive pay under this 

section, the number of individuals commencing receipt of incentive pay under this section, and the number of individuals 

ceasing receipt of incentive pay under this section. 

‘‘(2) The amount of incentive pay paid to individuals under 

this section. 

‘‘(3) The aggregate amount recouped under section 303a(e) of 

this title in connection with receipt of incentive pay under this 

section. 

‘‘(4) The languages for which incentive pay was paid under 

this section, including the total amount paid for each such language. 

‘‘(5) The effectiveness of incentive pay under this section in 

assisting the Department of Defense in securing proficiency in 

foreign languages of strategic interest to the Department of 

Defense, including a description of how recipients of pay under 

this section are assigned and utilized following completion of 

the program of study. 

‘‘(g) TERMINATION OF AUTHORITY.—No incentive pay may be paid 

under this section after December 31, 2013.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by inserting after 

the item relating to section 316 the following new item: 

‘‘316a. Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiency.’’. 

(c) PILOT PROGRAM FOR FOREIGN LANGUAGE PROFICIENCY TRAINING FOR RESERVE MEMBERS.— 

(1) PILOT PROGRAM REQUIRED.—The Secretary of Defense 

shall conduct a pilot program to provide a skill proficiency 

bonus under section 353(b) of title 37, United States Code, to 

a member of a reserve component of the uniformed services 

who is entitled to compensation under section 206 of such title 

while the member participates in an education or training program to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated 

as critical under such section 353. 

(2) DURATION OF PILOT PROGRAM.—The Secretary shall conduct the pilot program during the period beginning on October 

1, 2008, and ending on December 31, 2013. Incentive pay may 

not be provided under the pilot program after December 31, 

2013. 


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(3) REPORTING REQUIREMENT.—Not later than March 31, 

2012, the Secretary shall submit to Congress a report containing the results of the pilot program and the recommendations of the Secretary regarding whether to continue or expand 

the pilot program. 

(d) EXPEDITED IMPLEMENTATION.—Notwithstanding section 662 

of the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181; 122 Stat. 180; 37 U.S.C. 301 note), the Secretary of a military department may immediately implement the 

amendments made by subsection (a) in order to ensure the prompt 

availability of proficiency bonuses and incentive pay under section 

353 of title 37, United States Code, as amended by such subsections, for persons enrolled in officer training programs. 

SEC. 620. ACCESSION AND RETENTION BONUSES FOR THE RECRUITMENT AND RETENTION OF OFFICERS IN CERTAIN 

HEALTH PROFESSIONS. 

(a) TARGETED BONUS AUTHORITY TO INCREASE DIRECT ACCES- SIONS.— 

(1) DESIGNATION OF CRITICALLY SHORT WARTIME HEALTH SPECIALTIES.—For purposes of section 335 of title 37, United 

States Code, as added by section 661 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 

122 Stat. 169), the following health professions are designated 

as a critically short wartime specialty under subsection (a)(2) 

of such section: 

(A) Psychologists who have been awarded a diploma as 

a Diplomate in Psychology by the American Board of Professional Psychology and are fully licensed and such other 

mental health practitioners as the Secretary concerned determines to be necessary. 

(B) Registered nurses. 

(2) SPECIAL AGREEMENT AUTHORITY.—Under the authority 

provided by this section, the Secretary concerned may enter 

into an agreement under subsection (f) of section 335 of title 

37, United States Code, to pay a health professions bonus 

under such section to a person who accepts a commission or 

appointment as an officer and whose health profession specialty is specified in paragraph (1) of this subsection. 

(3) SECRETARY CONCERNED DEFINED.—In this subsection, the 

term ‘‘Secretary concerned’’ has the meaning given that term 

in section 101(5) of title 37, United States Code. 

(4) EFFECTIVE PERIOD.—The designations made by this subsection and the authority to enter into an agreement under 

paragraph (2) of this subsection expire on September 30, 2010. 

(b) ACCESSION AND RETENTION BONUSES FOR PSYCHOLOGISTS.— 

(1) IN GENERAL.—Chapter 5 of title 37, United States Code, 

is amended by inserting after section 302c the following new 

section: 

‘‘§ 302c–1. Special pay: accession and retention bonuses for 

psychologists 

‘‘(a) ACCESSION BONUS.— ‘‘(1) ACCESSION BONUS AUTHORIZED.—A person described in 

paragraph (2) who executes a written agreement described in 


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subsection (d) to accept a commission as an officer of the 

armed forces and remain on active duty for a period of not less 

than four consecutive years may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus 

in an amount, subject to subsection (c)(1), determined by the 

Secretary concerned. 

‘‘(2) ELIGIBLE PERSONS.—A person described in paragraph (1) 

is any person who— 

‘‘(A) is a graduate of an accredited school of psychology; 

and 

‘‘(B) holds a valid State license to practice as a doctoral 

level psychologist. 

‘‘(3) LIMITATION ON ELIGIBILITY.—A person may not be paid 

a bonus under this subsection if— 

‘‘(A) the person, in exchange for an agreement to accept 

an appointment as an officer, received financial assistance 

from the Department of Defense to pursue a course of 

study in psychology; or 

‘‘(B) the Secretary concerned determines that the person 

is not qualified to become and remain certified as a psychologist. 

‘‘(b) MULTIYEAR RETENTION BONUS.— ‘‘(1) RETENTION BONUS AUTHORIZED.—An officer described in 

paragraph (2) who executes a written agreement described in 

subsection (d) to remain on active duty for up to four years 

after completion of any other active-duty service commitment 

may, upon acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section. 

‘‘(2) ELIGIBLE OFFICERS.—An officer described in paragraph 

(1) is an officer of the armed forces who— 

‘‘(A) is a psychologist of the armed forces; 

‘‘(B) is in a pay grade below pay grade O–7; 

‘‘(C) has at least eight years of creditable service (computed as described in section 302b(f) of this title) or has 

completed any active-duty service commitment incurred for 

psychology education and training; 

‘‘(D) has completed initial residency training (or will 

complete such training before September 30 of the fiscal 

year in which the officer enters into the agreement under 

this subsection); and 

‘‘(E) holds a valid State license to practice as a doctoral 

level psychologist. 

‘‘(c) MAXIMUM AMOUNT OF BONUS.— 

‘‘(1) ACCESSION BONUS.—The amount of an accession bonus 

under subsection (a) may not exceed $400,000. 

‘‘(2) RETENTION BONUS.—The amount of a retention bonus 

under subsection (b) may not exceed $25,000 for each year of 

the agreement of the officer concerned. 

‘‘(d) AGREEMENT.—The agreement referred to in subsections (a) 

and (b) shall provide that, consistent with the needs of the armed 

force concerned, the person or officer executing the agreement will 

be assigned to duty, for the period of obligated service covered by 

the agreement, as an officer of such armed force as a psychologist. 

‘‘(e) REPAYMENT.— 


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‘‘(1) ACCESSION BONUS.—A person who, after signing an 

agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become licensed as a psychologist, or does not complete the period of active duty specified in 

the agreement shall be subject to the repayment provisions of 

section 303a(e) of this title. 

‘‘(2) RETENTION BONUS.—An officer who does not complete 

the period of active duty specified in the agreement entered 

into under subsection (b) shall be subject to the repayment provisions of section 303a(e) of this title. 

‘‘(f) TERMINATION OF AUTHORITY.—No agreement under subsection (a) or (b) may be entered into after December 31, 2009.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by inserting after 

the item relating to section 302c the following new item: 

‘‘302c–1. Special pay: accession and retention bonuses for psychologists.’’. 

Subtitle C—Travel and Transportation 

Allowances 

SEC. 621. SPECIAL WEIGHT ALLOWANCE FOR TRANSPORTATION OF 

PROFESSIONAL BOOKS AND EQUIPMENT FOR SPOUSES. 

Section 406(b)(1)(D) of title 37, United States Code, is amended— 

(1) by inserting ‘‘(i)’’ after ‘‘(D)’’; 

(2) in the second sentence of clause (i), as designated by 

paragraph (1), by striking ‘‘this subparagraph’’ and inserting 

‘‘this clause’’; 

(3) by designating the last sentence as clause (iii) and indenting the margin of such clause, as so designated, two ems 

from the left margin; and 

(4) by inserting after clause (i), as designated by paragraph 

(1), the following new clause: 

‘‘(ii) In addition to the weight allowance authorized for such 

member with dependents under paragraph (C), the Secretary concerned may authorize up to an additional 500 pounds in weight allowance for shipment of professional books and equipment belonging to the spouse of such member.’’. 

SEC. 622. SHIPMENT OF FAMILY PETS DURING EVACUATION OF PERSONNEL. 

Section 406(b)(1) of title 37, United States Code, is amended by 

adding at the end the following new subparagraph: 

‘‘(H)(i) Except as provided in paragraph (2) and subject to clause 

(iii), in connection with an evacuation from a permanent station located in a foreign area, a member is entitled to transportation (including shipment and payment of any quarantine costs) of family 

household pets. 

‘‘(ii) A member entitled to transportation under clause (i) may be 

paid reimbursement or, at the member’s request, a monetary allowance in accordance with the provisions of subparagraph (F) if the 

member secures by commercial means shipment and any quarantining of the pets otherwise subject to transportation under clause 

(i). 


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‘‘(iii) The provision of transportation under clause (i) and the payment of reimbursement under clause (ii) shall be subject to such 

regulations as the Secretary of Defense shall prescribe with respect 

to members of the armed forces for purposes of this subparagraph. 

Such regulations may specify limitations on the types, size, and 

number of pets for which transportation may be provided or reimbursement paid.’’. 

Subtitle D—Retired Pay and Survivor 

Benefits 

SEC. 631. EXTENSION TO SURVIVORS OF CERTAIN MEMBERS WHO DIE 

ON ACTIVE DUTY OF SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS AFFECTED BY REQUIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION. 

(a) EXTENSION.—Subsection (m) of section 1450 of title 10, 

United States Code, as added by section 644 of the National Defense Authorization Act for Fiscal Year 2008, is amended in paragraph (1)(B) by striking ‘‘section 1448(a)(1) of this title’’ and inserting ‘‘subsection (a)(1) of section 1448 of this title or by reason of 

coverage under subsection (d) of such section’’. 

(b) APPLICATION OF AMENDMENT.—The amendment made by subsection (a) shall apply with respect to the month beginning on October 1, 2008, and subsequent months as provided by paragraph (6) 

of subsection (m) of section 1450 of title 10, United States Code, as 

added by section 644 of the National Defense Authorization Act for 

Fiscal Year 2008. 

SEC. 632. CORRECTION OF UNINTENDED REDUCTION IN SURVIVOR 

BENEFIT PLAN ANNUITIES DUE TO PHASED ELIMINATION 

OF TWO-TIER ANNUITY COMPUTATION AND SUPPLEMENTAL ANNUITY. 

Effective as of October 28, 2004, and as if included therein as enacted, section 644(c) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

1961; 10 U.S.C. 1450 note) is amended by adding at the end the 

following new paragraph: 

‘‘(3) SAVINGS PROVISION.—If, as a result of the recomputation 

of annuities under section 1450 of title 10, United States Code, 

and supplemental survivor annuities under section 1457 of 

such title, as required by paragraph (1), the total amount of 

both annuities to be paid to an annuitant for a month would 

be less (because of the offset required by section 1450(c) of such 

title for dependency and indemnity compensation) than the 

amount that would be paid to the annuitant in the absence of 

recomputation, the Secretary of Defense shall take such actions as are necessary to adjust the annuity amounts to eliminate the reduction.’’. 


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Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations 

SEC. 641. USE OF COMMISSARY STORES SURCHARGES DERIVED FROM 

TEMPORARY COMMISSARY INITIATIVES FOR RESERVE 

COMPONENT AND RETIRED MEMBERS. 

Section 2484(h) of title 10, United States Code, is amended— 

(1) by redesignating paragraphs (3) and (4) as paragraphs (4) 

and (5), respectively; 

(2) in such paragraph (4), as so redesignated, by striking 

‘‘paragraph (1) or (2)’’ and inserting ‘‘paragraph (1), (2), or (3)’’; 

and 

(3) by inserting after paragraph (2) the following new paragraph: 

‘‘(3)(A) The Secretary of Defense may use the proceeds derived 

from surcharges imposed under subsection (d) in connection with 

sales of commissary merchandise through initiatives described in 

subparagraph (B) to offset the cost of such initiatives. 

‘‘(B) Subparagraph (A) applies with respect to initiatives, utilizing temporary and mobile equipment, intended to provide members of reserve components, retired members, and other persons eligible for commissary benefits, but without reasonable access to 

commissary stores, improved access to commissary merchandise.’’. 

SEC. 642. ENHANCED ENFORCEMENT OF PROHIBITION ON SALE OR 

RENTAL OF SEXUALLY EXPLICIT MATERIAL ON MILITARY 

INSTALLATIONS. 

(a) ESTABLISHMENT OF RESALE ACTIVITIES REVIEW BOARD.—Section 2495b of title 10, United States Code, is amended— 

(1) by redesignating subsections (c) and (d) as subsections (d) 

and (e), respectively; and 

(2) by inserting after subsection (b) the following new subsection: 

‘‘(c) RESALE ACTIVITIES REVIEW BOARD.—(1) The Secretary of Defense shall establish a nine-member board to make recommendations to the Secretary regarding whether material sold or rented, 

or proposed for sale or rental, on property under the jurisdiction of 

the Department of Defense is barred from sale or rental by subsection (a). 

‘‘(2)(A) The Secretary of Defense shall appoint six members of the 

board to broadly represent the interests of the patron base served 

by the defense commissary system and the exchange system. The 

Secretary shall appoint one of the members to serve as the chairman of the board. At least one member appointed under this subparagraph shall be a person with experience managing or advocating for military family programs and who is also an eligible patron of the defense commissary system and the exchange system. 

‘‘(B) The Secretary of each of the military departments shall appoint one member of the board. 

‘‘(C) A vacancy on the board shall be filled in the same manner 

as the original appointment. 


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‘‘(3) The Secretary of Defense may detail persons to serve as staff 

for the board. At a minimum, the Secretary shall ensure that the 

board is assisted at meetings by military resale and legal advisors. 

‘‘(4) The recommendations made by the board under paragraph 

(1) shall be made available to the public. The Secretary of Defense 

shall publicize the availability of such recommendations by such 

means as the Secretary considers appropriate. 

‘‘(5) Members of the board shall be allowed travel expense, 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 board.’’. 

(b) DEADLINE FOR ESTABLISHMENT AND INITIAL MEETING.— 

(1) ESTABLISHMENT.—The board required by subsection (c) of 

section 2495b of title 10, United States Code, as added by subsection (a), shall be established, and its initial nine members 

appointed, not later than 120 days after the date of the enactment of this Act. 

(2) MEETINGS.—The board shall conduct an initial meeting 

within one year after the date of the appointment of the initial 

members of the board. At the discretion of the board, the board 

may consider all materials previously reviewed under such section as available for reconsideration for a minimum of 180 days 

following the initial meeting of the board. 

Subtitle F—Other Matters 

SEC. 651. CONTINUATION OF ENTITLEMENT TO BONUSES AND SIMILAR BENEFITS FOR MEMBERS OF THE UNIFORMED SERVICES WHO DIE, ARE SEPARATED OR RETIRED FOR DISABILITY, OR MEET OTHER CRITERIA. 

(a) DISCRETION TO PROVIDE EXCEPTION TO TERMINATION AND REPAYMENT REQUIREMENTS UNDER CERTAIN CIRCUMSTANCES.—Section 303a(e) of title 37, United States Code, is amended— 

(1) in the subsection heading, by inserting ‘‘; TERMINATION

OF ENTITLEMENT TO UNPAID AMOUNTS’’ after ‘‘MET’’; 

(2) in paragraph (1)— 

(A) by striking ‘‘A member’’ and inserting ‘‘(A) Except as 

provided in paragraph (2), a member’’; and 

(B) by striking ‘‘the requirements, except in certain circumstances authorized by the Secretary concerned.’’ and 

inserting ‘‘the eligibility requirements and may not receive 

any unpaid amounts of the bonus or similar benefit after 

the member fails to satisfy the requirements, unless the 

Secretary concerned determines that the imposition of the 

repayment requirement and termination of the payment of 

unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and 

good conscience, or would be contrary to the best interests 

of the United States.’’; and 

(3) by redesignating paragraph (2) as subparagraph (B) of 

paragraph (1). 


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(b) MANDATORY PAYMENT OF UNPAID AMOUNTS UNDER CERTAIN

CIRCUMSTANCES; NO REPAYMENT OF UNEARNED AMOUNTS.—Section 

303a(e) of title 37, United States Code, is amended by inserting 

after paragraph (1), as amended by subsection (a), the following 

new paragraph (2): 

‘‘(2)(A) If a member of the uniformed services dies or is retired 

or separated with a combat-related disability, the Secretary concerned— 

‘‘(i) shall not require repayment by the member or the member’s estate of the unearned portion of any bonus or similar 

benefit previously paid to the member; and 

‘‘(ii) shall require the payment to the member or the member’s estate of the remainder of any bonus or similar benefit 

that was not yet paid to the member, but to which the member 

was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, 

retirement, or separation of the member. 

‘‘(B) Subparagraph (A) does not apply if the death or disability 

of the member is the result the member’s misconduct. 

‘‘(C) The amount to be paid under subparagraph (A)(ii) shall be 

equal to the full amount specified by the agreement or contract applicable to the bonus or similar benefit as if the member continued 

to be entitled to the bonus or similar benefit following the death, 

retirement, or separation. 

‘‘(D) Amounts to be paid to a member or the member’s estate 

under subparagraph (A)(ii) shall be paid in a lump sum not later 

than 90 days after the date of the death, retirement, or separation 

of the member, whichever applies. 

‘‘(E) In this paragraph, the term ‘combat-related disability’ has 

the meaning given that term in section 1413a(e) of title 10.’’. 

(c) CONFORMING AMENDMENTS REFLECTING CONSOLIDATED SPECIAL PAY AND BONUS AUTHORITIES.— 

(1) CONFORMING AMENDMENTS.—Section 373 of title 37, 

United States Code, as added by section 661 of the National 

Defense Authorization Act for Fiscal Year 2008, is amended— 

(A) in subsection (a)— 

(i) in the subsection heading, by inserting ‘‘AND TER- MINATION’’ after ‘‘REPAYMENT’’; and 

(ii) by inserting before the period at the end the following: ‘‘, and the member may not receive any unpaid 

amounts of the bonus, incentive pay, or similar benefit 

after the member fails to satisfy such service or eligibility requirement’’; and 

(B) by striking subsection (b) and inserting the following 

new subsection: 

‘‘(b) EXCEPTIONS.— 

‘‘(1) DISCRETION TO PROVIDE EXCEPTION TO TERMINATION AND

REPAYMENT REQUIREMENTS.—Pursuant to the regulations prescribed to administer this section, the Secretary concerned may 

grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, 

incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination 

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ices would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would 

be contrary to the best interests of the United States. 

‘‘(2) MANDATORY PAYMENT OF UNPAID AMOUNTS UNDER CERTAIN CIRCUMSTANCES; NO REPAYMENT OF UNEARNED

AMOUNTS.—(A) If a member of the uniformed services dies or 

is retired or separated with a combat-related disability, the 

Secretary concerned— 

‘‘(i) shall not require repayment by the member or the 

member’s estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and 

‘‘(ii) shall require the payment to the member or the 

member’s estate of the remainder of any bonus, incentive 

pay, or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, 

and would be paid if not for the death, retirement, or separation of the member. 

‘‘(B) Subparagraph (A) does not apply if the death or disability of the member is the result the member’s misconduct. 

‘‘(C) The amount to be paid under subparagraph (A)(ii) shall 

be equal to the full amount specified by the agreement or contract applicable to the bonus, incentive pay, or similar benefit 

as if the member continued to be entitled to the bonus, incentive pay, or similar benefit following the death, retirement, or 

separation. 

‘‘(D) Amounts to be paid to a member or the member’s estate 

under subparagraph (A)(ii) shall be paid in a lump sum not 

later than 90 days after the date of the death, retirement, or 

separation of the member, whichever applies. 

‘‘(E) In this paragraph, the term ‘combat-related disability’ 

has the meaning given that term in section 1413a(e) of title 

10.’’. 

(2) CLERICAL AMENDMENTS.— 

(A) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 373. Repayment of unearned portion of bonus, incentive 

pay, or similar benefit, and termination of remaining payments, when conditions of payment not 

met’’. 

(B) TABLE OF CONTENTS.—The table of sections at the 

beginning of chapter 5 of title 37, United States Code, is 

amended by striking the item relating to section 373 and 

inserting the following new item: 

‘‘373. Repayment of unearned portion of bonus, incentive pay, or similar benefit, and 

termination of remaining payments, when conditions of payment not 

met.’’. 


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TITLE VII—HEALTH CARE AND 

WOUNDED WARRIORS PROVISIONS 

Subtitle A—Improvements to Health Benefits 

Sec. 701. One-year extension of prohibition on increases in certain health care costs 

for members of the uniformed services. 

Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy 

system of pharmacy benefits program. 

Sec. 703. Chiropractic health care for members on active duty. 

Sec. 704. Calculation of monthly premiums for coverage under TRICARE Reserve 

Select after 2008. 

Sec. 705. Program for health care delivery at military installations projected to 

grow. 

Sec. 706. Guidelines for combined medical facilities of the Department of Defense 

and the Department of Veterans Affairs. 

Subtitle B—Preventive Care 

Sec. 711. Waiver of copayments for preventive services for certain TRICARE beneficiaries. 

Sec. 712. Military health risk management demonstration project. 

Sec. 713. Smoking cessation program under TRICARE. 

Sec. 714. Preventive health allowance. 

Sec. 715. Additional authority for studies and demonstration projects relating to delivery of health and medical care. 

Subtitle C—Wounded Warrior Matters 

Sec. 721. Center of excellence in prevention, diagnosis, mitigation, treatment, and 

rehabilitation of hearing loss and auditory system injuries. 

Sec. 722. Clarification to center of excellence relating to military eye injuries. 

Sec. 723. Center of Excellence in the Mitigation, Treatment, and Rehabilitation of 

Traumatic Extremity Injuries and Amputations. 

Sec. 724. Additional responsibilities for the wounded warrior resource center. 

Sec. 725. Sense of Congress on research on traumatic brain injury. 

Sec. 726. Extension of Senior Oversight Committee with respect to wounded warrior matters. 

Sec. 727. Modification of utilization of veterans’ presumption of sound condition in 

establishing eligibility of members of the Armed Forces for retirement 

for disability. 

Subtitle D—Other Matters 

Sec. 731. Report on providing the Extended Care Health Option Program to dependents of military retirees. 

Sec. 732. Increase in cap on extended benefits under extended health care option 

(ECHO). 

Sec. 733. Department of Defense task force on the prevention of suicide by members of the Armed Forces. 

Sec. 734. Transitional health care for certain members of the Armed Forces who 

agree to serve in the Selected Reserve of the Ready Reserve. 

Sec. 735. Enhancement of medical and dental readiness of members of the Armed 

Forces. 

Subtitle A—Improvements to Health 

Benefits 

SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN 

CERTAIN HEALTH CARE COSTS FOR MEMBERS OF THE 

UNIFORMED SERVICES. 

(a) CHARGES UNDER CONTRACTS FOR MEDICAL CARE.—Section 

1097(e) of title 10, United States Code, is amended by striking 

‘‘September 30, 2008’’ and inserting ‘‘September 30, 2009’’. 


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(b) CHARGES FOR INPATIENT CARE.—Section 1086(b)(3) of such 

title is amended by striking ‘‘September 30, 2008’’ and inserting 

‘‘September 30, 2009’’. 

SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS 

UNDER RETAIL PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM. 

During the period beginning on October 1, 2008, and ending on 

September 30, 2009, the cost sharing requirements established 

under paragraph (6) of section 1074g(a) of title 10, United States 

Code, for pharmaceutical agents available through retail pharmacies covered by paragraph (2)(E)(ii) of such section may not exceed amounts as follows: 

(1) In the case of generic agents, $3. 

(2) In the case of formulary agents, $9. 

(3) In the case of nonformulary agents, $22. 

SEC. 703. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE 

DUTY. 

Not later than September 30, 2009, the Secretary of Defense 

shall provide chiropractic services to active duty military personnel 

at 11 additional military treatment facilities that do not currently 

provide chiropractic services. 

SEC. 704. CALCULATION OF MONTHLY PREMIUMS FOR COVERAGE 

UNDER TRICARE RESERVE SELECT AFTER 2008. 

(a) CALCULATION OF MONTHLY PREMIUMS FOR YEARS AFTER

2009.—Section 1076d(d)(3) of title 10, United States Code, is 

amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; 

(2) in subparagraph (A), as so designated— 

(A) by striking ‘‘that the Secretary determines’’ and inserting ‘‘determined’’; and 

(B) by striking the second sentence; and 

(3) by adding at the end the following new subparagraph: 

‘‘(B) The appropriate actuarial basis for purposes of subparagraph (A) shall be determined, for each calendar year after calendar year 2009, by utilizing the actual cost of providing benefits 

under this section to members and their dependents during the calendar years preceding such calendar year.’’. 

(b) CALCULATION OF MONTHLY PREMIUMS FOR 2009.—For purposes of section 1076d(d)(3) of title 10, United States Code, the appropriate actuarial basis for purposes of subparagraph (A) of that 

section shall be determined for calendar year 2009 by utilizing the 

reported cost of providing benefits under that section to members 

and their dependents during calendar years 2006 and 2007, except 

that the monthly amount of the premium determined pursuant to 

this subsection may not exceed the amount in effect for the month 

of March 2007. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as of October 1, 2008. 

SEC. 705. PROGRAM FOR HEALTH CARE DELIVERY AT MILITARY INSTALLATIONS PROJECTED TO GROW. 

(a) PROGRAM.—The Secretary of Defense is authorized to develop 

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jected to grow and local and regional non-military health care systems. 

(b) REQUIREMENTS OF PLAN.—In developing the plan, the Secretary of Defense shall— 

(1) identify and analyze health care delivery options involving the private sector and health care services in military facilities located on military installations; 

(2) develop methods for determining the cost avoidance or 

savings resulting from innovative partnerships between the 

Department of Defense and the private sector; 

(3) develop requirements for Department of Defense health 

care providers to deliver health care in civilian community hospitals; and 

(4) collaborate with State and local authorities to create an 

arrangement to share and exchange, between the Department 

of Defense and nonmilitary health care systems, personal 

health information, and data of military personnel and their 

families. 

(c) COORDINATION WITH OTHER ENTITIES.—The plan shall include requirements for coordination with Federal, State, and local 

entities, TRICARE managed care support contractors, and other 

contracted assets around installations selected for participation in 

the program. 

(d) CONSULTATION REQUIREMENTS.—The Secretary of Defense 

shall develop the plan in consultation with the Secretaries of the 

military departments. 

(e) SELECTION OF MILITARY INSTALLATIONS.—Each selected military installation shall meet the following criteria: 

(1) The military installation has members of the Armed 

Forces on active duty and members of reserve components of 

the Armed Forces that use the installation as a training and 

operational base, with members routinely deploying in support 

of the global war on terrorism. 

(2) The military population of an installation will significantly increase by 2013 due to actions related to either Grow 

the Force initiatives or recommendations of the Defense Base 

Realignment and Closure Commission. 

(3) There is a military treatment facility on the installation 

that has— 

(A) no inpatient or trauma center care capabilities; and 

(B) no current or planned capacity that would satisfy the 

proposed increase in military personnel at the installation. 

(4) There is a civilian community hospital near the military 

installation, and the military treatment facility has— 

(A) no inpatient services or limited capability to expand 

inpatient care beds, intensive care, and specialty services; 

and 

(B) limited or no capability to provide trauma care. 

(f) REPORTS.—Not later than one year after the date of the enactment of this Act, and every year thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the 

Senate and House of Representatives an annual report on any plan 

developed under subsection (a). 


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SEC. 706. GUIDELINES FOR COMBINED MEDICAL FACILITIES OF THE 

DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF 

VETERANS AFFAIRS. 

Before a facility may be designated a combined Federal medical 

facility of the Department of Defense and the Department of Veterans Affairs, the Secretary of Defense and the Secretary of Veterans Affairs shall execute a signed agreement that specifies, at a 

minimum, a binding operational agreement on the following areas: 

(1) Governance. 

(2) Patient priority categories. 

(3) Budgeting. 

(4) Staffing and training. 

(5) Construction. 

(6) Physical plant management. 

(7) Contingency planning. 

(8) Quality assurance. 

(9) Information technology. 

Subtitle B—Preventive Care 

SEC. 711. WAIVER OF COPAYMENTS FOR PREVENTIVE SERVICES FOR 

CERTAIN TRICARE BENEFICIARIES. 

(a) WAIVER OF CERTAIN COPAYMENTS.—Subject to subsection (b) 

and under regulations prescribed by the Secretary of Defense, the 

Secretary shall— 

(1) waive all copayments under sections 1079(b) and 1086(b) 

of title 10, United States Code, for preventive services for all 

beneficiaries who would otherwise pay copayments; and 

(2) ensure that a beneficiary pays nothing for preventive 

services during a year even if the beneficiary has not paid the 

amount necessary to cover the beneficiary’s deductible for the 

year. 

(b) EXCLUSION FOR MEDICARE-ELIGIBLE BENEFICIARIES.—Subsection (a) shall not apply to a medicare-eligible beneficiary. 

(c) REFUND OF COPAYMENTS.— 

(1) AUTHORITY.—Under regulations prescribed by the Secretary of Defense, the Secretary may pay a refund to a medicare-eligible beneficiary excluded by subsection (b), subject to 

the availability of appropriations specifically for such refunds, 

consisting of an amount up to the difference between— 

(A) the amount the beneficiary pays for copayments for 

preventive services during fiscal year 2009; and 

(B) the amount the beneficiary would have paid during 

such fiscal year if the copayments for preventive services 

had been waived pursuant to subsection (a) during that 

year. 

(2) COPAYMENTS COVERED.—The refunds under paragraph (1) 

are available only for copayments paid by medicare-eligible 

beneficiaries during fiscal year 2009. 

(d) DEFINITIONS.—In this section: 

(1) PREVENTIVE SERVICES.—The term ‘‘preventive services’’ 

includes, taking into consideration the age and gender of the 

beneficiary: 

(A) Colorectal screening. 


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(B) Breast screening. 

(C) Cervical screening. 

(D) Prostate screening. 

(E) Annual physical exam. 

(F) Vaccinations. 

(G) Other services as determined by the Secretary of Defense. 

(2) MEDICARE-ELIGIBLE.—The term ‘‘medicare-eligible’’ has 

the meaning provided by section 1111((b) of title 10, United 

States Code. 

SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEMONSTRATION 

PROJECT. 

(a) DEMONSTRATION PROJECT REQUIRED.—The Secretary of Defense shall conduct a demonstration project designed to evaluate 

the efficacy of providing incentives to encourage healthy behaviors 

on the part of eligible military health system beneficiaries. 

(b) ELEMENTS OF DEMONSTRATION PROJECT.— (1) WELLNESS ASSESSMENT.—The Secretary shall develop a 

wellness assessment to be offered to beneficiaries enrolled in 

the demonstration project. The wellness assessment shall incorporate nationally recognized standards for health and 

healthy behaviors and shall be offered to determine a baseline 

and at appropriate intervals determined by the Secretary. The 

wellness assessment shall include the following: 

(A) A self-reported health risk assessment. 

(B) Physiological and biometric measures, including at 

least— 

(i) blood pressure; 

(ii) glucose level; 

(iii) lipids; 

(iv) nicotine use; and 

(v) weight. 

(2) POPULATION ENROLLED.—Non-medicare eligible retired 

beneficiaries of the military health system and their dependents who are enrolled in TRICARE Prime and who reside in 

the demonstration project service area shall be offered the opportunity to enroll in the demonstration project. 

(3) GEOGRAPHIC COVERAGE OF DEMONSTRATION PROJECT.— 

The demonstration project shall be conducted in at least three 

geographic areas within the United States where TRICARE 

Prime is offered, as determined by the Secretary. The area covered by the project shall be referred to as the demonstration 

project service area. 

(4) PROGRAMS.—The Secretary shall develop programs to assist enrollees to improve healthy behaviors, as identified by the 

wellness assessment. 

(5) INCLUSION OF INCENTIVES REQUIRED.—For the purpose of 

conducting the demonstration project, the Secretary may offer 

monetary and non-monetary incentives to enrollees to encourage participation in the demonstration project. 

(c) EVALUATION OF DEMONSTRATION PROJECT.—The Secretary 

shall annually evaluate the demonstration project for the following: 

(1) The extent to which the health risk assessment and the 

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proved from the baseline (as determined in the wellness assessment). 

(2) In the case of baseline health risk assessments and physiological and biometric measures that reflect healthy behaviors, 

the extent to which the measures are maintained. 

(d) IMPLEMENTATION PLAN.—The Secretary of Defense shall submit a plan to implement the health risk management demonstration project required by this section not later than 90 days after the 

date of the enactment of this Act. 

(e) DURATION OF PROJECT.—The health risk management demonstration project shall be implemented for a period of three years, 

beginning not later than March 1, 2009, and ending three years 

after that date. 

(f) REPORT.— 

(1) IN GENERAL.—The Secretary of Defense shall submit to 

the Committees on Armed Services of the Senate and the 

House of Representatives an annual report on the effectiveness 

of the health risk management demonstration project in improving the health risk measures of military health system 

beneficiaries enrolled in the demonstration project. The first 

report shall be submitted not later than one year after the date 

of the enactment of this Act, and subsequent reports shall be 

submitted for each year of the demonstration project with the 

final report being submitted not later than 90 days after the 

termination of the demonstration project. 

(2) MATTERS COVERED.—Each report shall address, at a minimum, the following: 

(A) The number of beneficiaries who were enrolled in the 

project. 

(B) The number of enrolled beneficiaries who participate 

in the project. 

(C) The incentives to encourage healthy behaviors that 

were provided to the beneficiaries in each beneficiary category, and the extent to which the incentives encouraged 

healthy behaviors. 

(D) An assessment of the effectiveness of the demonstration project. 

(E) Recommendations for adjustments to the demonstration project. 

(F) The estimated costs avoided as a result of decreased 

health risk conditions on the part of each of the beneficiary 

categories. 

(G) Recommendations for extending the demonstration 

project or implementing a permanent wellness assessment 

program. 

(H) Identification of legislative authorities required to 

implement a permanent program. 

SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE. 

(a) TRICARE SMOKING CESSATION PROGRAM.—Not later than 

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

of Defense shall establish a smoking cessation program under the 

TRICARE program, to be made available to all beneficiaries under 

the TRICARE program, subject to subsection (b). The Secretary 


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may prescribe such regulations as may be necessary to implement 

the program. 

(b) EXCLUSION FOR MEDICARE-ELIGIBLE BENEFICIARIES.—The 

smoking cessation program shall not be made available to medicare-eligible beneficiaries. 

(c) ELEMENTS.—The program shall include, at a minimum, the 

following elements: 

(1) The availability, at no cost to the beneficiary, of pharmaceuticals used for smoking cessation, with a limitation on the 

availability of such pharmaceuticals to the national mail-order 

pharmacy program under the TRICARE program if appropriate. 

(2) Counseling. 

(3) Access to a toll-free quit line that is available 24 hours 

a day, 7 days a week. 

(4) Access to printed and Internet web-based tobacco cessation material. 

(d) CHAIN OF COMMAND INVOLVEMENT.—In establishing the program, the Secretary of Defense shall provide for involvement by officers in the chain of command of participants in the program who 

are on active duty. 

(e) PLAN.—Not later than 90 days after the date of the enactment 

of this Act, the Secretary shall submit to the congressional defense 

committees a plan to implement the program. 

(f) REFUND OF COPAYMENTS.— (1) AUTHORITY.—Under regulations prescribed by the Secretary of Defense, the Secretary may pay a refund to a medicare-eligible beneficiary otherwise excluded by this section, 

subject to the availability of appropriations specifically for such 

refunds, consisting of an amount up to the difference between— 

(A) the amount the beneficiary pays for copayments for 

smoking cessation services described in subsection (c) during fiscal year 2009; and 

(B) the amount the beneficiary would have paid during 

such fiscal year if the beneficiary had not been excluded 

under subsection (b) from the smoking cessation program 

under subsection (a). 

(2) COPAYMENTS COVERED.—The refunds under paragraph (1) 

are available only for copayments paid by medicare-eligible 

beneficiaries during fiscal year 2009. 

(g) 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 covering the following: 

(1) The status of the program. 

(2) The number of participants in the program. 

(3) The cost of the program. 

(4) The costs avoided that are attributed to the program. 

(5) The success rates of the program compared to other nationally recognized smoking cessation programs. 

(6) Findings regarding the success rate of participants in the 

program. 

(7) Recommendations to modify the policies and procedures 

of the program. 


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(8) Recommendations concerning the future utility of the program. 

(h) DEFINITIONS.—In this section: 

(1) TRICARE PROGRAM.—The term ‘‘TRICARE program’’ has 

the meaning provided by section 1072(7) of title 10, United 

States Code. 

(2) MEDICARE-ELIGIBLE.—The term ‘‘medicare-eligible’’ has 

the meaning provided by section 1111(b) of title 10, United 

States Code. 

SEC. 714. PREVENTIVE HEALTH ALLOWANCE. 

(a) ALLOWANCE.—Chapter 7 of title 37, United States Code, is 

amended by adding at the end the following new section: 

‘‘§ 438. Preventive health services allowance 

‘‘(a) DEMONSTRATION PROJECT.—During the period beginning on 

January 1, 2009, and ending on December 31, 2011, the Secretary 

of Defense shall conduct a demonstration project designed to evaluate the efficacy of providing an annual allowance (to be known as 

a ‘preventive health services allowance’) to members of the armed 

forces described in subsection (b) to increase the use of preventive 

health services by such members and their dependents. 

‘‘(b) ELIGIBLE MEMBERS.—(1) Subject to the numerical limitations 

specified in paragraph (2), a member of the armed forces who is 

serving on active duty for a period of more than 30 days and meets 

the medical and dental readiness requirements for the armed force 

of the member may receive a preventive health services allowance. 

‘‘(2) Not more than 1,500 members of each of the Army, Navy, 

Air Force, and Marine Corps may receive a preventive health services allowance during any year, of which half in each armed force 

shall be members without dependents and half shall be members 

with dependents. 

‘‘(c) AMOUNT OF ALLOWANCE.—The Secretary of the military department concerned shall pay a preventive health services allowance to a member selected to receive the allowance in an amount 

equal to— ‘‘(1) $500 per year, in the case of a member without dependents; and ‘‘(2) $1,000 per year, in the case of a member with dependents. 

‘‘(d) AUTHORIZED PREVENTIVE HEALTH SERVICES.—(1) The Secretary of Defense shall specify the types of preventive health services that may be procured using a preventive health services allowance and the frequency at which such services may be procured. 

‘‘(2) At a minimum, authorized preventive health services shall 

include, taking into consideration the age and gender of the member and dependents of the member: 

‘‘(A) Colorectal screening. 

‘‘(B) Breast screening. 

‘‘(C) Cervical screening. 

‘‘(D) Prostate screening. 

‘‘(E) Annual physical exam. 

‘‘(F) Annual dental exam. 

‘‘(G) Weight and body mass screening. 

‘‘(H) Vaccinations. 


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‘‘(3) The Secretary of Defense shall ensure that members selected 

to receive the preventive health services allowance and their dependents are provided a reasonable opportunity to receive the services authorized under this subsection in their local area. 

‘‘(e) DATA COLLECTION.—At a minimum, the Secretary of Defense 

shall monitor and record the health of members receiving a preventive health services allowance and their dependents and the results 

of the testing required to qualify for payment of the allowance, if 

conducted. The Secretary shall assess the medical utility of the 

testing required to qualify for payment of a preventive health allowance. 

‘‘(f) REPORTING REQUIREMENT.—Not later than March 31, 2010, 

and March 31, 2012, the Secretary of Defense shall submit to Congress a report on the status of the demonstration project, including 

findings regarding the medical status of participants, recommendations to modify the policies and procedures of the program, and recommendations concerning the future utility of the project. 

‘‘(g) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this section.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘438. Preventive health care allowance.’’. 

SEC. 715. ADDITIONAL AUTHORITY FOR STUDIES AND DEMONSTRATION PROJECTS RELATING TO DELIVERY OF HEALTH 

AND MEDICAL CARE. 

Section 1092(a) of title 10, United States Code, is amended by 

adding at the end the following new paragraphs: 

‘‘(3) The Secretary of Defense may include in the studies and 

demonstration projects conducted under paragraph (1) studies and 

demonstration projects to provide awards and incentives to members of the armed forces and covered beneficiaries who obtain 

health promotion and disease prevention health care services under 

the TRICARE program in accordance with terms and schedules 

prescribed by the Secretary. Such awards and incentives may include cash awards and, in the case of members of the armed forces, 

personnel incentives. 

‘‘(4)(A) The Secretary of Defense may, in consultation with the 

other administering Secretaries, include in the studies and demonstration projects conducted under paragraph (1) studies and 

demonstration projects to provide awards or incentives to individual health care professionals under the authority of such Secretaries, including members of the uniformed services, Federal civilian employees, and contractor personnel, to encourage and reward 

effective implementation of innovative health care programs designed to improve quality, cost-effectiveness, health promotion, 

medical readiness, and other priority objectives. Such awards and 

incentives may include cash awards and, in the case of members 

of the armed forces and Federal civilian employees, personnel incentives. 

‘‘(B) Amounts available for the pay of members of the uniformed 

services shall be available for awards and incentives under this 

paragraph with respect to members of the uniformed services. 


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‘‘(5) The Secretary of Defense may include in the studies and 

demonstration projects conducted under paragraph (1) studies and 

demonstration projects to improve the medical and dental readiness of members of reserve components of the armed forces, including the provision of health care services to such members for which 

they are not otherwise entitled or eligible under this chapter. 

‘‘(6) The Secretary of Defense may include in the studies and 

demonstration projects conducted under paragraph (1) studies and 

demonstration projects to improve the continuity of health care 

services for family members of mobilized members of the reserve 

components of the armed forces who are eligible for such services 

under this chapter, including payment of a stipend for continuation 

of employer-provided health coverage during extended periods of 

active duty.’’. 

Subtitle C—Wounded Warrior Matters 

SEC. 721. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION OF HEARING 

LOSS AND AUDITORY SYSTEM INJURIES. 

(a) IN GENERAL.—The Secretary of Defense shall establish within 

the Department of Defense a center of excellence in the prevention, 

diagnosis, mitigation, treatment, and rehabilitation of hearing loss 

and auditory system injury to carry out the responsibilities specified in subsection (c). 

(b) PARTNERSHIPS.—The Secretary shall ensure that the center 

collaborates to the maximum extent practicable with the Secretary 

of Veterans Affairs, institutions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (c). 

(c) RESPONSIBILITIES.— (1) IN GENERAL.—The center shall— 

(A) implement a comprehensive plan and strategy for 

the Department of Defense, as developed by the Secretary 

of Defense, for a registry of information for the tracking of 

the diagnosis, surgical intervention or other operative procedure, other treatment, and follow up for each case of 

hearing loss and auditory system injury incurred by a 

member of the Armed Forces while serving on active duty; 

(B) ensure the electronic exchange with the Secretary of 

Veterans Affairs of information obtained through tracking 

under subparagraph (A); and 

(C) enable the Secretary of Veterans Affairs to access the 

registry and add information pertaining to additional 

treatments or surgical procedures and eventual hearing 

outcomes for veterans who were entered into the registry 

and subsequently received treatment through the Veterans 

Health Administration. 

(2) DESIGNATION OF REGISTRY.—The registry under this subsection shall be known as the ‘‘Hearing Loss and Auditory System Injury Registry’’ (hereinafter referred to as the ‘‘Registry’’). 

(3) CONSULTATION IN DEVELOPMENT.—The center shall develop the Registry in consultation with audiologists, speech 

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cialist personnel of the Department of Defense and the audiologists, speech and language pathologists, otolaryngologists, and 

other specialist personnel of the Department of Veterans Affairs. The mechanisms and procedures of the Registry shall reflect applicable expert research on military and other hearing 

loss. 

(4) MECHANISMS.—The mechanisms of the Registry for tracking under paragraph (1)(A) shall ensure that each military 

medical treatment facility or other medical facility shall submit 

to the center for inclusion in the Registry information on the 

diagnosis, surgical intervention or other operative procedure, 

other treatment, and follow up for each case of hearing loss 

and auditory system injury described in that paragraph as follows (to the extent applicable): 

(A) Not later than 30 days after surgery or other operative intervention, including a surgery or other operative 

intervention carried out as a result of a follow-up examination. 

(B) Not later than 180 days after the hearing loss and 

auditory system injury is reported or recorded in the medical record. 

(5) COORDINATION OF CARE AND BENEFITS.—(A) The center 

shall provide notice to the National Center for Rehabilitative 

Auditory Research (NCRAR) of the Department of Veterans Affairs and to the auditory system impairment services of the 

Veterans Health Administration on each member of the Armed 

Forces described in subparagraph (B) for purposes of ensuring 

the coordination of the provision of ongoing auditory system rehabilitation benefits and services by the Department of Veterans Affairs after the separation or release of such member 

from the Armed Forces. 

(B) A member of the Armed Forces described in this subparagraph is a member of the Armed Forces with significant 

hearing loss or auditory system injury incurred while serving 

on active duty, including a member with auditory dysfunction 

related to traumatic brain injury. 

(d) UTILIZATION OF REGISTRY INFORMATION.—The Secretary of 

Defense and the Secretary of Veterans Affairs shall jointly ensure 

that information in the Registry is available to appropriate audiologists, speech and language pathologists, otolaryngologists, and 

other specialist personnel of the Department of Defense and the 

Department of Veterans Affairs for purposes of encouraging and facilitating the conduct of research, and the development of best 

practices and clinical education, on hearing loss or auditory system 

injury incurred by members of the Armed Forces. 

(e) INCLUSION OF RECORDS OF OIF/OEF VETERANS.—The Secretary of Defense shall take appropriate actions to include in the 

Registry such records of members of the Armed Forces who incurred a hearing loss or auditory system injury while serving on 

active duty on or after September 11, 2001, but before the establishment of the Registry, as the Secretary considers appropriate for 

purposes of the Registry. 


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SEC. 722. CLARIFICATION TO CENTER OF EXCELLENCE RELATING TO 

MILITARY EYE INJURIES. 

Section 1623(d) of Public Law 110–181 is amended by striking 

‘‘in combat’’ at the end. 

SEC. 723. CENTER OF EXCELLENCE IN THE MITIGATION, TREATMENT, 

AND REHABILITATION OF TRAUMATIC EXTREMITY INJURIES AND AMPUTATIONS. 

(a) IN GENERAL.—The Secretary of Defense and the Secretary of 

Veterans Affairs shall jointly establish a center of excellence in the 

mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations. 

(b) PARTNERSHIPS.—The Secretary of Defense and the Secretary 

of Veterans Affairs shall jointly ensure that the center collaborates 

with the Department of Defense, the Department of Veterans Affairs, institutions of higher education, and other appropriate public 

and private entities (including international entities) to carry out 

the responsibilities specified in subsection (c). 

(c) RESPONSIBILITIES.—The center shall have the responsibilities 

as follows: 

(1) To implement a comprehensive plan and strategy for the 

Department of Defense and the Department ofVeterans Affairs 

for the mitigation, treatment, and rehabilitation of traumatic 

extremity injuries and amputations. 

(2) To conduct research to develop scientific information 

aimed at saving injured extremities, avoiding amputations, and 

preserving and restoring the function of injured extremities. 

Such research shall address military medical needs and include the full range of scientific inquiry encompassing basic, 

translational, and clinical research. 

(3) To carry out such other activities to improve and enhance 

the efforts of the Department of Defense and the Department 

of Veterans Affairs for the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations as the 

Secretary of Defense and the Secretary of Veterans Affairs consider appropriate. 

(d) REPORTS.— 

(1) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, and annually thereafter, the Secretary of Defense and the Secretary of Veterans Affairs shall 

jointly submit to Congress a report on the activities of the center. 

(2) ELEMENTS.—Each report under this subsection shall include the following: 

(A) In the case of the first report under this subsection, 

a description of the implementation of the requirements of 

this Act. 

(B) A description and assessment of the activities of the 

center during the one-year period ending on the date of 

such report, including an assessment of the role of such activities in improving and enhancing the efforts of the Department of Defense and the Department of Veterans Affairs for the mitigation, treatment, and rehabilitation of 

traumatic extremity injuries and amputations. 


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SEC. 724. ADDITIONAL RESPONSIBILITIES FOR THE WOUNDED WARRIOR RESOURCE CENTER. 

Section 1616(a) of the Wounded Warrior Act (title XVI of Public 

Law 110–181; 122 Stat. 447; 10 U.S.C. 1071 note) is amended in 

the first sentence by inserting ‘‘receiving legal assistance referral 

information (where appropriate), receiving other appropriate referral information,’’ after ‘‘receiving benefits information,’’. 

SEC. 725. SENSE OF CONGRESS ON RESEARCH ON TRAUMATIC BRAIN 

INJURY. 

It is the sense of Congress that the requirement under section 

1621(c)(7) of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 453; 10 U.S.C. 1071 

note) to conduct basic science and translational research on traumatic brain injury includes pilot programs designed to test the efficacy of clinical approaches, including the use of pharmacological 

agents. Congress urges continued studies of the efficacy of pharmacological agents for treatment of traumatic brain injury and supports continued joint research with the National Institutes of 

Health in this area. 

SEC. 726. EXTENSION OF SENIOR OVERSIGHT COMMITTEE WITH RESPECT TO WOUNDED WARRIOR MATTERS. 

(a) IN GENERAL.—The Secretary of Defense and the Secretary of 

Veterans Affairs shall jointly take such actions as are appropriate, 

including the allocation of appropriate personnel, funding, and 

other resources, to continue the operations of the Senior Oversight 

Committee until December 31, 2009. 

(b) REPORT ON FURTHER EXTENSION OF COMMITTEE.—Not later 

than August 31, 2009, the Secretary of Defense and the Secretary 

of Veterans Affairs shall jointly submit to Congress a report setting 

forth the joint recommendation of the Secretaries as to the advisability of continuing the operations of the Senior Oversight Committee after December 31, 2009. If the Secretaries recommend that 

continuing the operations of the Senior Oversight Committee after 

December 31, 2009, is advisable, the report may include such recommendations for the modification of the responsibilities, composition, or support of the Senior Oversight Committee as the Secretaries jointly consider appropriate. 

(c) SENIOR OVERSIGHT COMMITTEE DEFINED.—In this section, the 

term ‘‘Senior Oversight Committee’’ means the Senior Oversight 

Committee jointly established by the Secretary of Defense and the 

Secretary of Veterans Affairs in May 2007. The Senior Oversight 

Committee was established to address concerns related to the 

treatment of wounded, ill, and injured members of the Armed 

Forces and veterans and serves as the single point of contact for 

oversight, strategy, and integration of proposed strategies for the 

efforts of the Department of Defense and the Department of Veterans Affairs to improve support throughout the recovery, rehabilitation, and reintegration of wounded, ill, or injured members of the 

Armed Forces. 


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SEC. 727. MODIFICATION OF UTILIZATION OF VETERANS’ PRESUMPTION OF SOUND CONDITION IN ESTABLISHING ELIGIBILITY OF MEMBERS OF THE ARMED FORCES FOR RETIREMENT FOR DISABILITY. 

(a) RETIREMENT OF REGULARS AND MEMBERS ON ACTIVE DUTY

FOR MORE THAN 30 DAYS.—Section 1201(b)(3)(B)(i) of title 10, 

United States Code, is amended— 

(1) by striking ‘‘the member has six months or more of active 

military service and’’; and 

(2) by striking ‘‘(unless compelling evidence’’ and all that follows through ‘‘active duty)’’ and inserting ‘‘(unless clear and 

unmistakable evidence demonstrates that the disability existed 

before the member’s entrance on active duty and was not aggravated by active military service)’’. 

(b) SEPARATION OF REGULARS AND MEMBERS ON ACTIVE DUTY

FOR MORE THAN 30 DAYS.—Section 1203(b)(4)(B) of such title is 

amended— 

(1) by striking ‘‘the member has six months or more of active 

military service, and’’; and 

(2) by striking ‘‘(unless compelling evidence’’ and all that follows through ‘‘active duty)’’ and inserting ‘‘(unless clear and 

unmistakable evidence demonstrates that the disability existed 

before the member’s entrance on active duty and was not aggravated by active military service)’’. 

Subtitle D—Other Matters 

SEC. 731. REPORT ON PROVIDING THE EXTENDED CARE HEALTH OPTION PROGRAM TO DEPENDENTS OF MILITARY RETIREES. 

(a) REPORT REQUIRED.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report on including dependents of military retirees in the ECHO program for a limited transitional period following retirement. 

(b) CONTENTS OF REPORT.—The report required under subsection 

(a) shall include the following: 

(1) The most current data on the number of military retirees 

with dependents who are eligible to receive extended benefits 

under the ECHO program and an estimate of the number of 

future military retirees with dependents who are eligible to receive such benefits. 

(2) The cost estimates of providing extended benefits under 

the ECHO program to dependents of all current and future 

military retirees. 

(3) The feasibility of including dependents of military retirees in any ongoing demonstration or pilot programs within the 

ECHO program. 

(4) The statutory and regulatory impediments to including 

dependents of military retirees in the ECHO program. 

(c) ECHO PROGRAM.—In this section, the term ‘‘ECHO program’’ 

means the Extended Care Health Option program provided pursuant to subsections (d), (e), and (f) of section 1079 of title 10, United 

States Code. 


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SEC. 732. INCREASE IN CAP ON EXTENDED BENEFITS UNDER EXTENDED HEALTH CARE OPTION (ECHO). 

Section 1079(f) of title 10, United States Code is amended— 

(1) in paragraph (2)(A), by striking ‘‘month shall not exceed 

$2,500,’’ and inserting ‘‘year shall not exceed $36,000, prorated 

as determined by the Secretary of Defense,’’; and 

(2) in paragraph (2)(B), by striking ‘‘month’’ and inserting 

‘‘year.’’. 

SEC. 733. DEPARTMENT OF DEFENSE TASK FORCE ON THE PREVENTION OF SUICIDE BY MEMBERS OF THE ARMED FORCES. 

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

establish within the Department of Defense a task force to examine 

matters relating to prevention of suicide by members of the Armed 

Forces. 

(b) COMPOSITION.— 

(1) MEMBERS.—The task force shall consist of not more than 

14 members appointed by the Secretary of Defense from among 

individuals described in paragraph (2) who have demonstrated 

expertise in the area of suicide prevention and response. 

(2) RANGE OF MEMBERS.—The individuals appointed to the 

task force shall include— 

(A) at least one member of each of the Army, Navy, Air 

Force, and Marine Corps; 

(B) a number of persons from outside the Department of 

Defense equal to the total number of personnel from within the Department of Defense (whether members of the 

Armed Forces or civilian personnel) who are appointed to 

the task force; 

(C) persons who have experience in— 

(i) national suicide prevention policy; 

(ii) military personnel policy; 

(iii) research in the field of suicide prevention; 

(iv) clinical care in mental health; or 

(v) military chaplaincy or pastoral care; and 

(D) at least one family member of a member of the 

Armed Forces who has experience working with military 

families. 

(3) INDIVIDUALS APPOINTED OUTSIDE DEPARTMENT OF DEFENSE.—Individuals appointed to the task force from outside 

the Department of Defense may include officers or employees 

of other departments or agencies of the Federal Government, 

officers or employees of State and local governments, or individuals from the private sector. 

(4) DEADLINE FOR APPOINTMENT.—All appointments of individuals to the task force shall be made not later than 180 days 

after the date of the enactment of this Act. 

(5) CO-CHAIRS OF TASK FORCE.—There shall be two co-chairs 

of the task force. One of the co-chairs shall be designated by 

the Secretary of the Defense at the time of appointment from 

among the Department of Defense personnel appointed to the 

task force. The other co-chair shall be selected from among the 

members appointed from outside the Department of Defense by 

members so appointed. 


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(c) ASSESSMENT AND RECOMMENDATIONS ON SUICIDE PREVENTION

POLICY.— 

(1) IN GENERAL.—Not later than 12 months after the date on 

which all members of the task force have been appointed, the 

task force shall submit to the Secretary a report containing 

recommendations regarding a comprehensive policy designed to 

prevent suicide by members of the Armed Forces. 

(2) UTILIZATION OF OTHER EFFORTS.—In preparing the report, 

the task force shall take into consideration completed and ongoing efforts by the military departments to improve the efficacy of suicide prevention programs. 

(3) ELEMENTS.—The recommendations (including recommendations for legislative or administrative action) shall include measures to address the following: 

(A) Methods to identify trends and common causal factors in suicides by members of the Armed Forces. 

(B) Methods to establish or update suicide education and 

prevention programs conducted by each military department based on identified trends and causal factors. 

(C) An assessment of current suicide education and prevention programs of each military department. 

(D) An assessment of suicide incidence by military occupation to include identification of military occupations with 

a high incidence of suicide. 

(E) The appropriate type and method of investigation to 

determine the causes and factors surrounding each suicide 

by a member of the Armed Forces. 

(F) The qualifications of the individual appointed to conduct an investigation of a suicide by a member of the 

Armed Forces. 

(G) The required information to be determined by an investigation in order to determine the causes and factors 

surrounding suicides by members of the Armed Forces. 

(H) The appropriate reporting requirements following an 

investigation conducted on a suicide by a member of the 

Armed Forces. 

(I) The appropriate official or executive agent within the 

military department and Department of Defense to receive 

and analyze reports on investigations of suicides by members of the Armed Forces. 

(J) The appropriate use of the information gathered during investigations of suicides by members of the Armed 

Forces. 

(K) Methods for protecting confidentiality of information 

contained in reports of investigations of suicides by members of the Armed Forces. 

(d) ADMINISTRATIVE MATTERS.— 

(1) COMPENSATION.—Each member of the task force who is 

a member of the Armed Forces or a civilian officer or employee 

of the United States shall serve without compensation (other 

than compensation to which entitled as a member of the 

Armed Forces or an officer or employee of the United States, 

as the case may be). Other members of the task force shall be 

treated for purposes of section 3161 of title 5, United States 


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Code, as having been appointed under subsection (b) of such 

section. 

(2) OVERSIGHT.—The Under Secretary of Defense for Personnel and Readiness shall oversee the activities of the task 

force. 

(3) ADMINISTRATIVE SUPPORT.—The Washington Headquarters Services of the Department of Defense shall provide 

the task force with personnel, facilities, and other administrative support as necessary for the performance of the duties of 

the task force. 

(4) ACCESS TO FACILITIES.—The Under Secretary of Defense 

for Personnel and Readiness shall, in coordination with the 

Secretaries of the military departments, ensure appropriate access by the task force to military installations and facilities for 

purposes of the discharge of the duties of the task force. 

(e) REPORT.— (1) IN GENERAL.—The task force shall submit to the Secretary of Defense a report on its activities under this section. 

The report shall include— 

(A) a description of the activities of the task force; 

(B) the assessment and recommendations required by 

subsection (c); and 

(C) such other matters relating to the activities of the 

task force that the task force considers appropriate. 

(2) TRANSMITTAL TO CONGRESS.—Not later than 90 days after 

receipt of the report under paragraph (1), the Secretary shall 

transmit the report to the Committees on Armed Services of 

the Senate and the House of Representatives. The Secretary 

may include in the transmittal such comments on the report 

as the Secretary considers appropriate. 

(f) PLAN REQUIRED.—Not later than March 1, 2010, the Secretary 

of Defense shall develop a plan based on the recommendations of 

the task force and submit the plan to the congressional defense 

committees. 

(g) TERMINATION.—The task force shall terminate 90 days after 

the date on which the report of the task force is submitted to Congress under subsection (e)(2). 

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: 

‘‘(F) 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 (F) 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. 

SEC. 735. ENHANCEMENT OF MEDICAL AND DENTAL READINESS OF 

MEMBERS OF THE ARMED FORCES. 

(a) EXPANSION OF AVAILABILITY OF MEDICAL AND DENTAL SERVICES FOR RESERVES.— 


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(1) EXPANSION OF AVAILABILITY FOR RESERVES ASSIGNED TO

UNITS SCHEDULED FOR DEPLOYMENT WITHIN 75 DAYS OF MOBILI- ZATION.—Subsection (d)(1) of section 1074a of title 10, United 

States Code, is amended by striking ‘‘The Secretary of the 

Army shall provide to members of the Selected Reserve of the 

Army’’ and inserting ‘‘The Secretary concerned shall provide to 

members of the Selected Reserve’’. 

(2) AVAILABILITY FOR CERTAIN OTHER RESERVES.—Such section is further amended by adding at the end the following new 

subsection: 

‘‘(g)(1) The Secretary concerned may provide to any member of 

the Selected Reserve not described in subsection (d)(1) or (f), and 

to any member of the Individual Ready Reserve described in section 10144(b) of this title the medical and dental services specified 

in subsection (d)(1) if the Secretary determines that the receipt of 

such services by such member is necessary to ensure that the member meets applicable standards of medical and dental readiness. 

‘‘(2) Services may not be provided to a member under this subsection for a condition that is the result of the member’s own misconduct. 

‘‘(3) The services provided under this subsection shall be provided 

at no cost to the member.’’. 

(3) FUNDING.—Such section is further amended by adding at 

the end the following new subsection: 

‘‘(h) Amounts available for operation and maintenance of a reserve component of the armed forces may be available for purposes 

of this section to ensure the medical and dental readiness of members of such reserve component.’’. 

(b) WAIVER OF CERTAIN COPAYMENTS FOR DENTAL CARE FOR RESERVES FOR READINESS PURPOSES.—Section 1076a(e) of such title is 

amended— 

(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; 

(2) by striking ‘‘A member or dependent’’ and inserting ‘‘(1) 

Except as provided pursuant to paragraph (2), a member or dependent’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2)(A) During a national emergency declared by the President or 

Congress and subject to regulations prescribed by the Secretary of 

Defense, the Secretary may waive, in whole or in part, the charges 

otherwise payable by a member of the Selected Reserve of the 

Ready Reserve or a member of the Individual Ready Reserve under 

paragraph (1) for the coverage of the member alone under the dental insurance plan established under subsection (a)(1) if the Secretary determines that such waiver of the charges would facilitate 

or ensure the readiness of a unit or individual for deployment. 

‘‘(B) The waiver under subparagraph (A) may apply only with respect to charges for coverage of dental care required for readiness.’’. 

(c) REPORT ON POLICIES AND PROCEDURES IN SUPPORT OF MED- ICAL AND DENTAL READINESS.— (1) IN GENERAL.—Not later than March 1, 2009, the Secretary of Defense shall submit to the Committees on Armed 

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fense to ensure the medical and dental readiness of members 

of the Armed Forces. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A description of the current standards of each military department with respect to the medical and dental 

readiness of individual members of the Armed Forces (including members of the regular components and members 

of the reserve components), and with respect to the medical and dental readiness of units of the Armed Forces (including units of the regular components and units of the 

reserve components), under the jurisdiction of such military department. 

(B) A description of the manner in which each military 

department applies the standards described under subparagraph (A) with respect to each of the following: 

(i) Performance evaluation. 

(ii) Promotion. 

(iii) In the case of the members of the reserve components, eligibility to attend annual training. 

(iv) Continued retention in the Armed Forces. 

(v) Such other matters as the Secretary considers 

appropriate. 

(C) A statement of the number of members of the Armed 

Forces (including members of the regular components and 

members of the reserve components) who were determined 

to be not ready for deployment at any time during the period beginning on October 1, 2001, and ending on September 30, 2008, due to failure to meet applicable medical 

or dental standards, and an assessment of whether the unreadiness of such members for deployment could reasonably have been mitigated by actions of the members concerned to maintain individual medical or dental readiness. 

(D) A description of any actual or perceived barriers to 

the achievement of full medical and dental readiness in 

the Armed Forces (including among the regular components and the reserve components), including barriers associated with the following: 

(i) Quality or cost of, or access to, medical and dental care. 

(ii) Availability of programs and incentives intended 

to prevent medical or dental problems. 

(E) Such recommendations for legislative or administrative action as the Secretary considers appropriate to ensure the medical and dental readiness of individual members of the Armed Forces and units of the Armed Forces, 

including recommendations regarding the following: 

(i) The advisability of requiring that fitness reports 

of members of the Armed Forces include— 

(I) a statement of whether or not a member 

meets medical and dental readiness standards for 

deployment; and 

(II) in cases in which a member does not meet 

such standard, a statement of actions being taken 


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to ensure that the member meets such standards 

and the anticipated schedule for meeting such 

standards. 

(ii) The advisability of establishing a mandatory promotion standard relating to individual medical and 

dental readiness and, in the case of a unit commander, 

unit medical and dental readiness. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Assessment of urgent operational needs fulfillment. 

Sec. 802. Implementation of statutory requirements regarding the national technology and industrial base. 

Sec. 803. Commercial software reuse preference. 

Sec. 804. Internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies. 

Subtitle B—Provisions Relating to Major Defense Acquisition Programs 

Sec. 811. Inclusion of major subprograms to major defense acquisition programs 

under acquisition reporting requirements. 

Sec. 812. Inclusion of certain major information technology investments in acquisition oversight authorities for major automated information system programs. 

Sec. 813. Transfer of sections of title 10 relating to Milestone A and Milestone B 

for clarity. 

Sec. 814. Configuration steering boards for cost control under major defense acquisition programs. 

Sec. 815. Preservation of tooling for major defense acquisition programs. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 821. Definition of system for Defense Acquisition Challenge Program. 

Sec. 822. Technical data rights. 

Sec. 823. Revision to the application of Cost Accounting Standards. 

Sec. 824. Modification and extension of pilot program for transition to follow-on 

contracts under authority to carry out certain prototype projects. 

Sec. 825. Clarification of status of Government rights in the designs of Department 

of Defense vessels, boats, craft, and components thereof. 

Subtitle D—Provisions Relating to Acquisition Workforce and Inherently 

Governmental Functions 

Sec. 831. Development of guidance on personal services contracts. 

Sec. 832. Sense of Congress on performance by private security contractors of certain functions in an area of combat operations. 

Sec. 833. Acquisition workforce expedited hiring authority. 

Sec. 834. Career path and other requirements for military personnel in the acquisition field. 

Subtitle E—Department of Defense Contractor Matters 

Sec. 841. Ethics safeguards related to contractor conflicts of interest. 

Sec. 842. Information for Department of Defense contractor employees on their 

whistleblower rights. 

Sec. 843. Requirement for Department of Defense to adopt an acquisition strategy 

for Defense Base Act insurance. 

Sec. 844. Report on use of off-shore subsidiaries by defense contractors. 

Sec. 845. Defense industrial security. 


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Subtitle F—Matters Relating to Iraq and Afghanistan 

Sec. 851. Clarification and modification of authorities relating to the Commission 

on Wartime Contracting in Iraq and Afghanistan. 

Sec. 852. Comprehensive audit of spare parts purchases and depot overhaul and 

maintenance of equipment for operations in Iraq and Afghanistan. 

Sec. 853. Additional matters required to be reported by contractors performing security functions in areas of combat operations. 

Sec. 854. Additional contractor requirements and responsibilities relating to alleged 

crimes by or against contractor personnel in Iraq and Afghanistan. 

Sec. 855. Suspension of statutes of limitations when Congress authorizes the use 

of military force. 

Subtitle G—Governmentwide Acquisition Improvements 

Sec. 861. Short title. 

Sec. 862. Limitation on length of certain noncompetitive contracts. 

Sec. 863. Requirements for purchase of property and services pursuant to multiple 

award contracts. 

Sec. 864. Regulations on the use of cost-reimbursement contracts. 

Sec. 865. Preventing abuse of interagency contracts. 

Sec. 866. Limitations on tiering of subcontractors. 

Sec. 867. Linking of award and incentive fees to acquisition outcomes. 

Sec. 868. Minimizing abuse of commercial services item authority. 

Sec. 869. Acquisition workforce development strategic plan. 

Sec. 870. Contingency Contracting Corps. 

Sec. 871. Access of Government Accountability Office to contractor employees. 

Sec. 872. Database for Federal agency contract and grant officers and suspension 

and debarment officials. 

Sec. 873. Role of Interagency Committee on Debarment and Suspension. 

Sec. 874. Improvements to the Federal procurement data system. 

Subtitle H—Other Matters 

Sec. 881. Expansion of authority to retain fees from licensing of intellectual property. 

Sec. 882. Report on market research. 

Sec. 883. Report relating to munitions. 

Sec. 884. Motor carrier fuel surcharges. 

Sec. 885. Procurement by State and local governments of equipment for homeland 

security and emergency response activities through the Department of 

Defense. 

Sec. 886. Review of impact of covered subsidies on acquisition of KC-45 aircraft. 

Sec. 887. Report on the implementation of earned value management at the Department of Defense. 

Subtitle A—Acquisition Policy and 

Management 

SEC. 801. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILLMENT. 

(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall commission a study and report by an independent commission or a federally funded research and development center to assess the effectiveness of the processes used by the Department of Defense for the 

generation of urgent operational need requirements, and the acquisition processes used to fulfill such requirements. Such assessment 

shall include the following: 

(1) A description and evaluation of the effectiveness of the 

procedures used to generate, validate, and fulfill warfighting 

requirements through the urgent operational need and joint 

urgent operational need processes, including— 

(A) the extent to which joint and urgent operational 

need statements are used to document required capability 


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gaps or are used to request specific acquisition outcomes, 

such as specific systems or equipment; 

(B) the effectiveness of the processes used by each of the 

military departments and the various elements of the Department of Defense to prioritize and fulfill joint and urgent operational needs, including the rapid acquisition 

processes of the military departments, as well as the joint 

improvised explosive device defeat organization and the 

joint rapid acquisition cell; and 

(C) the timeliness and responsiveness of the processes 

used by the military departments and the various elements of the Department of Defense to review and validate 

urgent operational needs statements and joint urgent operational needs statements. 

(2) An evaluation of the extent to which joint urgent operational need statements are used to avoid using service-specific 

urgent operational need and acquisition processes or to document non-urgent capability gaps. 

(3) An evaluation of the extent to which joint acquisition entities maintain oversight, once a military department or defense agency has been designated as responsible for execution 

and fielding of a capability in response to a joint urgent operational need statement, including oversight of— 

(A) the responsiveness of the military department or 

agency in execution; 

(B) the field performance of the capability delivered in 

response to the joint urgent operational need statement; 

and 

(C) the concurrent development of a long term acquisition and sustainment strategy. 

(8) Recommendations regarding— 

(A) best practices and process improvements to ensure 

that urgent operational needs statements and joint urgent 

operational needs statements are presented to appropriate 

authorities for review and validation not later than 60 

days after the documents are submitted; 

(B) common definitions and standards for urgent operational needs statements and joint urgent operational need 

statements; 

(C) best practices and process improvements for the creation, evaluation, prioritization, and fulfillment of urgent 

operational need statements and joint urgent operational 

need statements; and 

(D) the extent to which rapid acquisition processes 

should be consolidated or expanded. 

(b) SUBMISSION TO CONGRESS.—Not later than 270 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees the report resulting 

from the study conducted pursuant to subsection (a). 

SEC. 802. IMPLEMENTATION OF STATUTORY REQUIREMENTS REGARDING THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE. 

(a) GUIDANCE REQUIRED.—Not later than 270 days after the date 

of the enactment of this Act, the Secretary of Defense shall issue 

guidance regarding— 


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(1) the appropriate application of the authority in sections 

2304(b) and 2304(c)(3)(A) of title 10, United States Code, in 

connection with major defense acquisition programs; and 

(2) the appropriate timing and performance of the requirement in section 2440 of title 10, United States Code, to consider the national technology and industrial base in the development and implementation of acquisition plans for each major 

defense acquisition program. 

(b) DEFINITIONS.—In this section; 

(1) MAJOR DEFENSE ACQUISITION PROGRAM.—The term ‘‘major 

defense acquisition program’’ has the meaning provided in section 2430 of title 10, United States Code. 

(2) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.—The term 

‘‘national technology and industrial base’’ has the meaning provided in section 2500(1) of title 10, United States Code. 

SEC. 803. COMMERCIAL SOFTWARE REUSE PREFERENCE. 

(a) IN GENERAL.—The Secretary of Defense shall ensure that contracting officials identify and evaluate, at all stages of the acquisition process (including concept refinement, concept decision, and 

technology development), opportunities for the use of commercial 

computer software and other non-developmental software. 

(b) REPORT.—Not later than 270 days after the date of enactment 

of this Act, the Secretary shall submit to the congressional defense 

committees a report on actions taken to implement subsection (a), 

including a description of any relevant regulations and policy guidance. 

SEC. 804. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF 

THE DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE AGENCIES. 

(a) INCLUSION OF ADDITIONAL NON-DEFENSE AGENCIES IN REVIEW.—The covered non-defense agencies specified in subsection (c) 

of this section shall be considered covered non-defense agencies as 

defined in subsection (i) of section 817 of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 

364; 120 Stat. 2326) for purposes of such section. 

(b) DEADLINES AND APPLICABILITY FOR ADDITIONAL NON-DEFENSE

AGENCIES.—For each covered non-defense agency specified in subsection (c) of this section, section 817 of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 

364; 120 Stat. 2326) shall apply to such agency as follows: 

(1) The review and determination required by subsection 

(a)(1) of such section shall be completed by not later than 

March 15, 2009. 

(2) The review and determination required by subsection 

(a)(2) of such section, if necessary, shall be completed by not 

later than June 15, 2010, and such review and determination 

shall be a review and determination of such agency’s procurement of property and services on behalf of the Department of 

Defense in fiscal year 2009. 

(3) The memorandum of understanding required by subsection (c)(1) of such section shall be entered into by not later 

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


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(4) The limitation specified in subsection (d)(1) of such section shall apply after March 15, 2009, and before June 16, 

2010. 

(5) The limitation specified in subsection (d)(2) of such section shall apply after June 15, 2010. 

(6) The limitation required by subsection (d)(3) of such section shall commence, if necessary, on the date that is 60 days 

after the date of the enactment of this Act. 

(c) DEFINITION OF COVERED NON-DEFENSE AGENCY.—In this section, the term ‘‘covered non-defense agency’’ means each of the following: 

(1) The Department of Commerce. 

(2) The Department of Energy. 

(d) MODIFICATION OF CERTAIN ADDITIONAL AUTHORITIES ON INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF DOD.—Section 801 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 122 Stat. 202; 10 U.S.C. 2304 note) is 

amended— 

(1) in subsection (a)(2)— 

(A) in subparagraph (B), by striking ‘‘each of the Department of the Treasury, the Department of the Interior, and 

the National Aeronautics and Space Administration’’ and 

inserting ‘‘the Department of the Interior’’; and 

(B) by adding at the end the following new subparagraph: 

‘‘(D) In the case of each of the Department of Commerce 

and the Department of Energy, by not later than March 

15, 2015.’’; and 

(2) in subsection (f)(2)— 

(A) by striking subparagraphs (B) and (D); 

(B) by redesignating subparagraphs (C), (E), and (F) as 

subparagraphs (B), (C), and (D), respectively; and 

(C) by adding at the end the following new subparagraphs: 

‘‘(E) The Department of Commerce. 

‘‘(F) The Department of Energy.’’. 

Subtitle B—Provisions Relating to Major 

Defense Acquisition Programs 

SEC. 811. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE 

ACQUISITION PROGRAMS UNDER ACQUISITION REPORTING REQUIREMENTS. 

(a) AUTHORITY TO DESIGNATE MAJOR SUBPROGRAMS AS SUBJECT

TO ACQUISITION REPORTING REQUIREMENTS.— 

(1) IN GENERAL.—Chapter 144 of title 10, United States 

Code, is amended by inserting after section 2430 the following 

new section: 

‘‘§ 2430a. Major subprograms 

‘‘(a) AUTHORITY TO DESIGNATE MAJOR SUBPROGRAMS AS SUBJECT

TO ACQUISITION REPORTING REQUIREMENTS.—(1) If the Secretary of 

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quires the delivery of two or more categories of end items which 

differ significantly from each other in form and function, the Secretary may designate each such category of end items as a major 

subprogram for the purposes of acquisition reporting under this 

chapter. 

‘‘(2) The Secretary shall notify the congressional defense committees in writing of any proposed designation pursuant to paragraph 

(1) not less than 30 days before the date such designation takes effect. 

‘‘(b) REPORTING REQUIREMENTS.—If the Secretary designates a 

major subprogram of a major defense acquisition program in accordance with subsection (a), Selected Acquisition Reports, unit 

cost reports, and program baselines under this chapter shall reflect 

cost, schedule, and performance information— 

‘‘(1) for the major defense acquisition program as a whole; 

and 

‘‘(2) for each major subprogram of the major defense acquisition program so designated. 

‘‘(c) REQUIREMENT TO COVER ENTIRE MAJOR DEFENSE ACQUISITION PROGRAM.—If a subprogram of a major defense acquisition 

program is designated as a major subprogram under subsection (a), 

all other elements of the major defense acquisition program shall 

be appropriately organized into one or more subprograms under the 

major defense acquisition program, each of which subprograms, as 

so organized, shall be treated as a major subprogram under subsection (a). 

‘‘(d) DEFINITIONS.—Notwithstanding paragraphs (1) and (2) of 

section 2432(a) of this title, in the case of a major defense acquisition program for which the Secretary has designated one or more 

major subprograms under this section for the purposes of this chapter— 

‘‘(1) the term ‘program acquisition unit cost’ applies at the 

level of the subprogram and means the total cost for the development and procurement of, and specific military construction 

for, the major defense acquisition program that is reasonably 

allocable to each such major subprogram, divided by the relevant number of fully-configured end items to be produced 

under such major subprogram; 

‘‘(2) the term ‘procurement unit cost’ applies at the level of 

the subprogram and means the total of all funds programmed 

to be available for obligation for procurement for each such 

major subprogram, divided by the number of fully-configured 

end items to be procured under such major subprogram; 

‘‘(3) the term ‘major contract’, with respect to a designated 

major subprogram, means each of the six largest prime, associate, or Government furnished equipment contracts under the 

subprogram that is in excess of $40,000,000 and that is not a 

firm-fixed price contract; and 

‘‘(4) the term ‘life cycle cost’, with respect to a designated 

major subprogram, means all costs of development, procurement, military construction, and operations and support, without regard to funding source or management control.’’. 


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(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 144 of such title is amended by inserting 

after the item relating to section 2430 the following new item: 

‘‘2430a. Major subprograms.’’. 

(b) CONFORMING AMENDMENTS TO SECTION 2432.—Section 2432 

of such title is amended— 

(1) in subsection (b)(2)(A), by inserting ‘‘for the program (or 

for each designated subprogram under the program)’’ after 

‘‘procurement unit cost’’; 

(2) in subsection (c)— 

(A) in paragraph (1)(B)— 

(i) by inserting ‘‘or designated major subprogram’’ 

after ‘‘for each major defense acquisition program’’; 

and 

(ii) by inserting ‘‘or subprogram’’ after ‘‘the program’’; 

(B) in paragraph (1)(C)— 

(i) by inserting ‘‘or designated major subprogram’’ 

after ‘‘major defense acquisition program’’; and 

(ii) by inserting ‘‘or subprogram’’ after ‘‘the program’’; and 

(C) in paragraph (3)(A), by inserting ‘‘and each designated major subprogram’’ after ‘‘for each major defense 

acquisition program’’; 

(3) in subsection (e)— 

(A) in paragraph (3), by inserting before the period the 

following: ‘‘for the program (or for each designated major 

subprogram under the program)’’; 

(B) in paragraph (5), by inserting before the period the 

following: ‘‘(or for each designated major subprogram 

under the program)’’; 

(C) in paragraph (7), by inserting ‘‘or subprogram’’ after 

‘‘of the program’’ each place it appears; and 

(D) in paragraph (8), by inserting ‘‘and designated major 

subprograms under the program’’ after ‘‘the program’’; 

(4) in subsection (g)— 

(A) by inserting ‘‘or designated major subprogram’’ after 

‘‘major defense acquisition program’’; and 

(B) by inserting ‘‘or subprogram’’ after ‘‘the program’’ 

each place it appears; and 

(5) in subsection (h)(2)(C), by inserting ‘‘and designated 

major subprograms under the program’’ after ‘‘the development 

program’’. 

(c) CONFORMING AMENDMENTS TO SECTION 2433.—Section 2433 

of such title is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘The terms’’ and inserting ‘‘Except as provided in section 2430a(c) of this title, the 

terms’’; 

(B) in paragraph (2)— 

(i) by inserting ‘‘or designated major subprogram’’ 

after ‘‘major defense acquisition program’’; and 


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(ii) by inserting ‘‘or subprogram’’ after ‘‘the program’’; 

(C) in paragraph (4)— 

(i) by inserting ‘‘or designated major defense subprogram’’ after ‘‘major defense acquisition program’’ each 

place it appears; and 

(ii) by inserting ‘‘or subprogram’’ after ‘‘for the program’’ each place it appears; and 

(D) in paragraph (5)— 

(i) by inserting ‘‘or designated major defense subprogram’’ after ‘‘major defense acquisition program’’ each 

place it appears; and 

(ii) by inserting ‘‘or subprogram’’ after ‘‘for the program’’ each place it appears; 

(2) in subsection (b)— 

(A) in the matter preceding paragraph (1), by inserting 

‘‘(or of each designated major subprogram under the program)’’ after ‘‘unit costs of the program’’; 

(B) in paragraph (1), by inserting before the period the 

following: ‘‘for the program (or for each designated major 

subprogram under the program)’’; 

(C) in paragraph (2), by inserting before the period the 

following: ‘‘for the program (or for each designated major 

subprogram under the program)’’; and 

(D) in paragraph (5), by inserting ‘‘or subprogram’’ after 

‘‘the program’’ each place it appears (other than the last 

place it appears); 

(3) in subsection (c)— 

(A) by striking ‘‘the program acquisition unit cost for the 

program or the procurement unit cost for the program’’ 

and inserting ‘‘the program acquisition unit cost for the 

program (or for a designated major subprogram under the 

program) or the procurement unit cost for the program (or 

for such a subprogram)’’; and 

(B) by striking ‘‘for the program’’ after ‘‘significant cost 

growth threshold’’; 

(4) in subsection (d)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘or any designated major subprogram under the program’’ after ‘‘major defense acquisition program’’; and 

(ii) by inserting ‘‘or subprogram’’ after ‘‘for the program’’ each place it appears; 

(B) in paragraph (2)— 

(i) by inserting ‘‘or any designated major subprogram under the program’’ after ‘‘major defense acquisition program’’; and 

(ii) by inserting ‘‘or subprogram’’ after ‘‘for the program’’ each place it appears; and 

(C) in paragraph (3), by striking ‘‘such program’’ and inserting ‘‘the program or subprogram concerned’’; 

(5) in subsection (e)— 

(A) in paragraph (1)— 

(i) in subparagraph (A)— 


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(I) by inserting ‘‘or designated major subprogram’’ after ‘‘major defense acquisition program’’; 

and 

(II) by inserting ‘‘or subprogram’’ after ‘‘for the 

program’’; and 

(ii) in subparagraph (B)— 

(I) by inserting ‘‘or designated major subprogram’’ after ‘‘major defense acquisition program’’; 

and 

(II) by inserting ‘‘or subprogram’’ after ‘‘that 

program’’; and 

(B) in paragraph (2), in the matter preceding subparagraph (A)— 

(i) by inserting ‘‘or designated major subprogram’’ 

after ‘‘major defense acquisition program’’; and 

(ii) by inserting ‘‘or subprogram’’ after ‘‘for the program’’; and 

(6) in subsection (g)— 

(A) in paragraph (1)— 

(i) in subparagraph (D)— 

(I) by inserting ‘‘(and for each designated major 

subprogram under the program)’’ after ‘‘for the 

program’’; and 

(II) by inserting ‘‘or subprogram’’ after ‘‘in which 

the program’’; 

(ii) in subparagraph (E), by inserting ‘‘for the program (and for each designated major subprogram 

under the program)’’ after ‘‘program acquisition cost’’; 

(iii) in subparagraph (F), by inserting before the period the following: ‘‘for the program (or for any designated major subprogram under the program)’’; 

(iv) in subparagraph (G)— 

(I) by inserting ‘‘and each designated major subprogram under the program’’ after of ‘‘the program’’; and 

(II) by inserting ‘‘or subprogram’’ after ‘‘for the 

program’’ each place it appears; 

(v) in subparagraph (H)— 

(I) by inserting ‘‘and each designated major subprogram under the program’’ after ‘‘the program’’ 

the first place it appears; and 

(II) by inserting ‘‘or subprogram’’ after ‘‘the program’’ the second place it appears; 

(vi) in subparagraph (J), by inserting ‘‘for the program (or for each designated major subprogram under 

the program)’’ after ‘‘program acquisition unit cost’’; 

(vii) in subparagraph (K), by inserting ‘‘for the program (or for each designated major subprogram under 

the program)’’ after ‘‘procurement unit cost’’ each place 

it appears; 

(viii) in subparagraph (O), by inserting before the 

period the following: ‘‘for the program (or for any designated major subprogram under the program)’’; 

(ix) in subparagraph (P)— 


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(I) by inserting ‘‘or subprogram’’ after ‘‘the program’’ the first place it appears; and 

(II) by inserting ‘‘and any designated major subprogram under the program’’ after ‘‘the program’’ 

the second place it appears; and 

(x) in subparagraph (Q), by inserting ‘‘or any designated major subprogram under the program’’ after 

‘‘the program’’; and 

(B) in paragraph (2)— 

(i) by inserting ‘‘or designated major subprogram’’ 

after ‘‘major defense acquisition program’’; 

(ii) by inserting ‘‘or subprogram’’ after ‘‘the entire 

program’’; and 

(iii) by inserting ‘‘or subprogram’’ after ‘‘a program’’. 

(d) CONFORMING AMENDMENTS TO SECTION 2435.—Section 2435 

of such title is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by inserting ‘‘and for each designated major subprogram under the program’’ after 

‘‘major defense acquisition program’’; and 

(B) in paragraph (2), by inserting ‘‘or designated major 

subprogram’’ after ‘‘major defense acquisition program’’; 

(2) in subsection (b)— 

(A) by inserting ‘‘or any designated major subprogram 

under the program’’ after ‘‘major defense acquisition program’’; and 

(B) by inserting ‘‘or subprogram’’ after ‘‘the program’’; 

(3) in subsection (c)— 

(A) by inserting ‘‘or any designated major subprogram 

under the program’’ after ‘‘major defense acquisition program’’; and 

(B) by inserting ‘‘or subprogram’’ after ‘‘the program’’ 

each place it appears; 

(4) in subsection (d)— 

(A) by inserting ‘‘or any designated major subprogram 

under the program’’ after ‘‘major defense acquisition program’’ each place it appears; 

(B) in paragraph (1)— 

(i) by inserting ‘‘or subprogram’’ after ‘‘the program’’ 

each place it appears; and 

(ii) by inserting ‘‘or subprogram’’ after ‘‘at program’’; 

and 

(C) in paragraph (2), by inserting ‘‘or subprogram’’ after 

‘‘for the program’’ each place it appears; and 

(5) in subsection (e)— 

(A) by inserting ‘‘(or in the case of a major defense acquisition program with one or more designated major subprograms, approved baseline descriptions for such subprograms)’’ after ‘‘baseline description’’; 

(B) by striking ‘‘the baseline’’ and inserting ‘‘any such 

baseline description’’; and 

(C) by inserting ‘‘or subprogram’’ after ‘‘of the program’’. 


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SEC. 812. INCLUSION OF CERTAIN MAJOR INFORMATION TECHNOLOGY INVESTMENTS IN ACQUISITION OVERSIGHT AUTHORITIES FOR MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS. 

(a) DEFINITIONS.— 

(1) IN GENERAL.—Section 2445a of title 10, United States 

Code, is amended— 

(A) in subsection (a), by striking ‘‘IN GENERAL’’ and inserting ‘‘MAJOR AUTOMATED INFORMATION SYSTEM PROGRAM’’; and 

(B) by adding at the end the following new subsection: 

‘‘(d) OTHER MAJOR INFORMATION TECHNOLOGY INVESTMENT PROGRAM.—In this chapter, the term ‘other major information technology investment program’ means the following: 

‘‘(1) An investment that is designated by the Secretary of Defense, or a designee of the Secretary, as a ‘pre-Major Automated Information System’ or ‘pre-MAIS’ program. 

‘‘(2) Any other investment in automated information system 

products or services that is expected to exceed the thresholds 

established in subsection (a), as adjusted under subsection (b), 

but is not considered to be a major automated information system program because a formal acquisition decision has not yet 

been made with respect to such investment.’’. 

(2) HEADING AMENDMENT.—The heading of such section is 

amended to read as follows: 

‘‘§ 2445a. Definitions’’. 

(3) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 144A of such title is amended by striking 

the item relating to section 2445a and inserting the following 

new item: 

‘‘2445a. Definitions.’’. 

(b) COST, SCHEDULE, AND PERFORMANCE INFORMATION.—Section 

2445b of such title is amended— 

(1) in subsection (a), by inserting ‘‘and each other major information technology investment program’’ after ‘‘each major 

automated information system program’’; 

(2) in subsection (b), by inserting ‘‘REGARDING MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS’’ after ‘‘ELEMENTS’’; 

and 

(3) by adding at the end the following new subsection: 

‘‘(d) ELEMENTS REGARDING OTHER MAJOR INFORMATION TECHNOLOGY INVESTMENT PROGRAMS.—With respect to each other major 

information technology investment program, the information required by subsection (a) may be provided in the format that is most 

appropriate to the current status of the program.’’. 

(c) QUARTERLY REPORTS.—Section 2445c of such title is amended— 

(1) in subsection (a)— 

(A) by inserting ‘‘or other major information technology 

investment program’’ after ‘‘major automated information 

system program’’; and 

(B) by inserting ‘‘or information technology investment’’ 

after ‘‘the major automated information system’’; 


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(2) in subsection (b)— 

(A) by inserting ‘‘or other major information technology 

investment program’’ after ‘‘major automated information 

system program’’ in the matter preceding paragraph (1); 

and 

(B) by inserting ‘‘or information technology investment’’ 

after ‘‘automated information system’’ each place it appears in paragraphs (1) and (2); 

(3) in subsection (d)— 

(A) in paragraph (1) and in paragraph (2) in the matter 

preceding subparagraph (A), by inserting ‘‘or other major 

information technology investment program’’ after ‘‘major 

automated information system program’’; and 

(B) in paragraph (2)— 

(i) by striking subparagraph (A) and inserting the 

following: 

‘‘(A) the automated information system or information 

technology investment failed to achieve initial operational 

capability within five years after funds were first obligated 

for the program;’’; 

(ii) in subparagraph (B), by inserting before the 

semicolon the following: ‘‘or section 2445b(d) of this 

title, as applicable’’; 

(iii) in subparagraph (C), by inserting before the 

semicolon the following: ‘‘or section 2445b(d) of this 

title, as applicable’’; and 

(iv) in subparagraph (D)— 

(I) by inserting ‘‘or major information technology 

investment’’ after ‘‘major automated information 

system’’; and 

(II) by inserting before the period the following: 

‘‘or section 2445b(d) of this title, as applicable’’; 

(4) in subsection (e), by inserting ‘‘or other major information 

technology investment program’’ after ‘‘major automated information system program’’; and 

(5) in subsection (f)— 

(A) by inserting ‘‘or other major information technology 

investment program’’ after ‘‘major automated information 

system program’’ in the matter preceding paragraph (1); 

(B) in paragraph (1), by inserting ‘‘or information technology investment’’ after ‘‘automated information system’’; 

(C) in paragraph (2), by inserting ‘‘or information technology investment’’ after ‘‘the system’’; and 

(D) in paragraph (3), by inserting ‘‘or information technology investment, as applicable,’’ after ‘‘the program and 

system’’. 

SEC. 813. TRANSFER OF SECTIONS OF TITLE 10 RELATING TO MILESTONE A AND MILESTONE B FOR CLARITY. 

(a) REVERSAL OF ORDER OF SECTIONS.—Section 2366b of title 10, 

United States Code, is transferred so as to appear before section 

2366a of such title. 

(b) REDESIGNATION OF SECTIONS.—Section 2366b (relating to 

Milestone A) and section 2366a (relating to Milestone B) of such 


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title, as so transferred, are redesignated as sections 2366a and 

2366b, respectively. 

(c) TECHNICAL AMENDMENT.—The table of sections at the beginning of chapter 139 of title 10, United States Code, is amended by 

striking the items relating sections 2366a and 2366b and inserting 

the following new items: 

‘‘2366a. Major defense acquisition programs: certification required before Milestone 

A or Key Decision Point A approval. 

‘‘2366b. Major defense acquisition programs: certification required before Milestone 

B or Key Decision Point B approval.’’. 

(d) CONFORMING AMENDMENTS.— (1) SECTION 181 OF TITLE 10, UNITED STATES CODE.—Section 

181(b)(4) of title 10, United States Code, is amended by striking ‘‘section 2366a(a)(4), section 2366b(b),’’ and inserting ‘‘section 2366a(b), section 2366b(a)(4),’’. 

(2) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2008.—The National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181) is amended— 

(A) in section 212(1) by striking ‘‘2366a’’ and inserting 

‘‘2366b’’; and 

(B) in section 816— 

(i) in subsection (a)(2) by striking ‘‘2366a’’ and inserting ‘‘2366b’’; 

(ii) in subsection (a)(3) by striking ‘‘2366b of title 10, 

United States Code, as added by section 943 of this 

Act’’ and inserting ‘‘2366a of title 10, United States 

Code’’; and 

(iii) in subsection (c)(2) by striking ‘‘2366a’’ each 

place such term appears (including in the paragraph 

heading) and inserting ‘‘2366b’’. 

(3) JOHN WARNER NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2007.—The John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) is 

amended in section 812 (120 Stat. 2317), in each of subsections 

(c)(2)(A) and (d)(2), by striking ‘‘2366a’’ and inserting ‘‘2366b’’. 

(e) ADDITIONAL TECHNICAL AMENDMENTS.— 

(1) Section 2366a of title 10, United States Code, as transferred and redesignated by this section, is amended— 

(A) in paragraphs (1), (2), and (4) of subsection (a), by 

striking ‘‘system’’ each place it appears and inserting ‘‘program’’; 

(B) in paragraph (3) of subsection (a)— 

(i) by striking ‘‘if the system’’ and inserting ‘‘if the 

program’’; and 

(ii) by striking ‘‘such system’’ and inserting ‘‘such 

program’’; 

(C) in subsection (b)— 

(i) by striking ‘‘major system’’ and inserting ‘‘major 

defense acquisition program’’; and 

(ii) by striking ‘‘the system’’ each place it appears 

and inserting ‘‘the program’’; and 

(D) in paragraph (1) of subsection (c)— 

(i) by striking ‘‘major system’’ and inserting ‘‘major 

defense acquisition program’’; and 


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(ii) by striking ‘‘2302(5)’’ and inserting ‘‘2430’’. 

(2) Section 943 of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 288) is 

amended— 

(A) in subsection (b), by striking ‘‘major weapon system’’ 

and inserting ‘‘major defense acquisition program’’; and 

(B) in subsection (c)— 

(i) by striking ‘‘major systems’’ and inserting ‘‘major 

defense acquisition programs’’; and 

(ii) by adding at the end the following: ‘‘In the case 

of the certification required by paragraph (2) of subsection (a) of such section, during the period prior to 

the completion of the first quadrennial roles and missions review required by section 118b of title 10, 

United States Code, the certification required by that 

paragraph shall be that the system is being executed 

by an entity with a relevant core competency as identified by the Secretary of Defense.’’. 

SEC. 814. CONFIGURATION STEERING BOARDS FOR COST CONTROL 

UNDER MAJOR DEFENSE ACQUISITION PROGRAMS. 

(a) CONFIGURATION STEERING BOARDS.—Each Secretary of a military department shall establish one or more boards (to be known 

as a ‘‘Configuration Steering Board’’) for the major defense acquisition programs of such department. 

(b) COMPOSITION.— 

(1) CHAIR.—Each Configuration Steering Board under this 

section shall be chaired by the service acquisition executive of 

the military department concerned. 

(2) PARTICULAR MEMBERS.—Each Configuration Steering 

Board under this section shall include a representative of the 

following: 

(A) The Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics. 

(B) The Chief of Staff of the Armed Force concerned. 

(C) Other Armed Forces, as appropriate. 

(D) The Joint Staff. 

(E) The Comptroller of the military department concerned. 

(F) The military deputy to the service acquisition executive concerned. 

(G) The program executive officer for the major defense 

acquisition program concerned. 

(H) Other senior representatives of the Office of the Secretary of Defense and the military department concerned, 

as appropriate. 

(c) RESPONSIBILITIES.— 

(1) IN GENERAL.—The Configuration Steering Board for a 

major defense acquisition program under this section shall be 

responsible for the following: 

(A) Preventing unnecessary changes to program requirements and system configuration that could have an adverse impact on program cost or schedule. 


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(B) Mitigating the adverse cost and schedule impact of 

any changes to program requirements or system configuration that may be required. 

(C) Ensuring that the program delivers as much planned 

capability as possible, at or below the relevant program 

baseline. 

(2) DISCHARGE OF RESPONSIBILITIES.—In discharging its responsibilities under this section with respect to a major defense acquisition program, a Configuration Steering Board 

shall— 

(A) review and approve or disapprove any proposed 

changes to program requirements or system configuration 

that have the potential to adversely impact program cost 

or schedule; and 

(B) review and recommend proposals to reduce program 

requirements that have the potential to improve program 

cost or schedule in a manner consistent with program objectives. 

(3) PRESENTATION OF RECOMMENDATIONS ON REDUCTION IN

REQUIREMENTS.—Any recommendation for a proposed reduction in requirements that is made by a Configuration Steering 

Board under paragraph (2)(B) shall be presented to appropriate organizations of the Joint Staff and the military departments responsible for such requirements for review and approval in accordance with applicable procedures. 

(4) ANNUAL CONSIDERATION OF EACH MAJOR DEFENSE ACQUI- SITION PROGRAM.—The Secretary of the military department 

concerned shall ensure that a Configuration Steering Board 

under this section meets to consider each major defense acquisition program of such military department at least once each 

year. 

(5) CERTIFICATION OF COST AND SCHEDULE DEVIATIONS DURING SYSTEM DESIGN AND DEVELOPMENT.—For a major defense 

acquisition program that received an initial Milestone B approval during fiscal year 2008, a Configuration Steering Board 

may not approve any proposed alteration to program requirements or system configuration if such an alteration would— 

(A) increase the cost (including any increase for expected 

inflation or currency exchange rates) for system development and demonstration by more than 25 percent; or 

(B) extend the schedule for key events by more than 15 

percent of the total number of months between the award 

of the system development and demonstration contract and 

the scheduled Milestone C approval date, 

unless the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies to the congressional defense committees, and includes in the certification supporting rationale, 

that approving such alteration to program requirements or system configuration is in the best interest of the Department of 

Defense despite the cost and schedule impacts to system development and demonstration of such program. 

(d) APPLICABILITY.— (1) IN GENERAL.—The requirements of this section shall 

apply with respect to any major defense acquisition program 


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that is commenced before, on, or after the date of the enactment of this Act. 

(2) CURRENT PROGRAMS.—In the case of any major defense 

acquisition program that is ongoing as of the date of the enactment of this Act, a Configuration Steering Board under this 

section shall be established for such program not later than 60 

days after the date of the enactment of this Act. 

(e) GUIDANCE ON AUTHORITIES OF PROGRAM MANAGERS AFTER

MILESTONE B.— 

(1) MODIFICATION OF GUIDANCE ON AUTHORITIES.—Paragraph 

(2) of section 853(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 

Stat. 2343) is amended to read as follows: 

‘‘(2) authorities available to the program manager, including— 

‘‘(A) the authority to object to the addition of new program requirements that would be inconsistent with the parameters established at Milestone B (or Key Decision Point 

B in the case of a space program) and reflected in the performance agreement, unless such requirements are approved by the appropriate Configuration Steering Board; 

and 

‘‘(B) the authority to recommend to the appropriate Configuration Steering Board reduced program requirements 

that have the potential to improve program cost or schedule in a manner consistent with program objectives; and’’. 

(2) APPLICABILITY.—The Secretary of Defense shall modify 

the guidance described in section 853(d) of the John Warner 

National Defense Authorization Act for Fiscal Year 2007 in 

order to take into account the amendment made by paragraph 

(1) not later than 60 days after the date of the enactment of 

this Act. 

(f) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this 

section, the term ‘‘major defense acquisition program’’ has the 

meaning given that term in section 2430(a) of title 10, United 

States Code. 

SEC. 815. PRESERVATION OF TOOLING FOR MAJOR DEFENSE ACQUISITION PROGRAMS. 

(a) GUIDANCE REQUIRED.—Not later than 270 days after the date 

of the enactment of this Act, the Secretary of Defense shall issue 

guidance requiring the preservation and storage of unique tooling 

associated with the production of hardware for a major defense acquisition program through the end of the service life of the end 

item associated with such a program. Such guidance shall— 

(1) require that the milestone decision authority approve a 

plan, including the identification of any contract clauses, facilities, and funding required, for the preservation and storage of 

such tooling prior to Milestone C approval; 

(2) require that the milestone decision authority periodically 

review the plan required by paragraph (1) prior to the end of 

the service life of the end item, to ensure that the preservation 

and storage of such tooling remains adequate and in the best 

interest of the Department of Defense; 


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(3) provide a mechanism for the Secretary to waive the requirement for preservation and storage of unique production 

tooling, or any category of unique production tooling, if the Secretary— 

(A) makes a written determination that such a waiver is 

in the best interest of the Department of Defense; and 

(B) notifies the congressional defense committees of the 

waiver upon making such determination; and 

(4) provide such criteria as necessary to guide a determination made pursuant to paragraph (3)(A). 

(b) DEFINITIONS.—In this section: 

(1) MAJOR DEFENSE ACQUISITION PROGRAM.—The term ‘‘major 

defense acquisition program’’ has the meaning provided in section 2430 of title 10, United States Code. 

(2) MILESTONE DECISION AUTHORITY.—The term ‘‘milestone 

decision authority’’ has the meaning provided in section 

2366a(f)(2) of such title. 

(3) MILESTONE C APPROVAL.—The term ‘‘Milestone C approval’’ has the meaning provided in section 2366(e)(8) of such 

title. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

SEC. 821. DEFINITION OF SYSTEM FOR DEFENSE ACQUISITION CHALLENGE PROGRAM. 

Section 2359b of title 10, United States Code, is amended by adding at the end the following new subsection: 

‘‘(l) SYSTEM DEFINED.—In this section, the term ‘system’— 

‘‘(1) means— 

‘‘(A) the organization of hardware, software, material, facilities, personnel, data, and services needed to perform a 

designated function with specified results (such as the 

gathering of specified data, its processing, and its delivery 

to users); or 

‘‘(B) a combination of two or more interrelated pieces (or 

sets) of equipment arranged in a functional package to perform an operational function or to satisfy a requirement; 

and 

‘‘(2) includes a major system (as defined in section 2302(5) of 

this title).’’. 

SEC. 822. TECHNICAL DATA RIGHTS. 

(a) POLICY GUIDANCE.—Not later than 270 days after the date of 

the enactment of this Act, the Secretary of Defense shall issue policy guidance with respect to rights in technical data under a nonFAR agreement. The guidance shall— 

(1) establish criteria for defining the legitimate interests of 

the United States and the party concerned in technical data 

pertaining to an item or process to be developed under the 

agreement; 


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(2) require that specific rights in technical data be established during agreement negotiations and be based upon negotiations between the United States and the potential party to 

the agreement, except in any case in which the Secretary of 

Defense determines, on the basis of criteria established in such 

policy guidance, that the establishment of rights during or 

through agreement negotiations would not be practicable; and 

(3) require the program manager for a major weapon system 

or an item of personnel protective equipment that is to be developed using a non-FAR agreement to assess the long-term 

technical data needs of such system or item. 

(b) REQUIREMENT TO INCLUDE PROVISIONS IN NON-FAR AGREE- MENTS.—A non-FAR agreement shall contain appropriate provisions relating to rights in technical data consistent with the policy 

guidance issued pursuant to subsection (a). 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘non-FAR agreement’’ means an agreement 

that is not subject to laws pursuant to which the Federal Acquisition Regulation is prescribed, including— 

(A) a transaction authorized under section 2371 of this 

title; and 

(B) a cooperative research and development agreement. 

(2) The term ‘‘party’’, with respect to a non-FAR agreement, 

means a non-Federal entity and includes any of the following: 

(A) A contractor and its subcontractors (at any tier). 

(B) A joint venture. 

(C) A consortium. 

(d) REPORT ON LIFE CYCLE PLANNING FOR TECHNICAL DATA

NEEDS.—Not later than 270 days after the date of enactment of 

this Act, the Secretary of Defense shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives 

a report on the implementation of the requirements in section 

2320(e) of title 10, United States Code, for the assessment of longterm technical data needs to sustain major weapon systems. Such 

report shall include— 

(1) a description of all relevant guidance or policies issued; 

(2) a description of the extent to which program managers 

have received training to better assess the long-term technical 

data needs of major weapon systems and subsystems; and 

(3) a description of one or more examples, if any, where a 

priced contract option has been used on major weapon systems 

for the future delivery of technical data and one or more examples, if any, where all relevant technical data were acquired 

upon contract award. 

SEC. 823. REVISION TO THE APPLICATION OF COST ACCOUNTING 

STANDARDS. 

(a) REQUIREMENT FOR REVIEW OF EXEMPTIONS TO THE COST ACCOUNTING STANDARDS.—The Cost Accounting Standards Board 

shall— 

(1) review the inapplicability of the cost accounting standards, in accordance with existing exemptions, to any contract 

or subcontract that is executed and performed outside the 

United States when such a contract or subcontract is performed by a contractor that, but for the fact that the contract 


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or subcontract is being executed and performed entirely outside 

the United States, would be required to comply with such 

standards; and 

(2) determine whether the application of the standards to 

such a contract or subcontract (or any category of such contracts and subcontracts) would benefit the Government. 

(b) PUBLICATION OF REQUEST FOR INFORMATION.—The Cost Accounting Standards Board shall publish a request for information 

as part of the review required by subsection (a) and shall provide 

a copy of the request to the appropriate committees of Congress not 

less than five days before the publication of such request. 

(c) REPORT TO CONGRESS UPON COMPLETION OF THE REVIEW.— 

Not later than 270 days after the date of the enactment of this Act, 

the Cost Accounting Standards Board shall submit to the appropriate committees of Congress a report containing— 

(1) any revision to the cost accounting standards proposed as 

a result of the review required by subsection (a) and a copy of 

any proposed rulemaking implementing the revision; or 

(2) if no revision and rulemaking are proposed, a detailed 

justification for such decision. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate committees of Congress’’ means 

the Committees on Armed Services of the Senate and of 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. 

(2) The term ‘‘cost accounting standards’’ means the standards promulgated under section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422). 

(3) The term ‘‘Cost Accounting Standards Board’’ means the 

Board established pursuant to section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422). 

SEC. 824. MODIFICATION AND EXTENSION OF PILOT PROGRAM FOR 

TRANSITION TO FOLLOW-ON CONTRACTS UNDER AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE 

PROJECTS. 

(a) EXPANSION OF SCOPE OF PILOT PROGRAM.—Paragraph (1) of 

section 845(e) of the National Defense Authorization Act for Fiscal 

Year 1994 (10 U.S.C. 2371 note) is amended by striking ‘‘under prototype projects carried out under this section’’ and inserting ‘‘developed under prototype projects carried out under this section or research projects carried out pursuant to section 2371 of title 10, 

United States Code’’. 

(b) TWO-YEAR EXTENSION OF AUTHORITY.—Paragraph (4) of such 

section is amended by striking ‘‘September 30, 2008’’ and inserting 

‘‘September 30, 2010’’. 

SEC. 825. CLARIFICATION OF STATUS OF GOVERNMENT RIGHTS IN 

THE DESIGNS OF DEPARTMENT OF DEFENSE VESSELS, 

BOATS, CRAFT, AND COMPONENTS THEREOF. 

(a) IN GENERAL.—Chapter 633 of title 10, United States Code, is 

amended by adding at the end the following new section: 


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‘‘§ 7317. Status of Government rights in the designs of vessels, boats, and craft, and components thereof 

‘‘(a) IN GENERAL.—Government rights in the design of a vessel, 

boat, or craft, and its components, including the hull, decks, superstructure, and all shipboard equipment and systems, shall be determined solely as follows: 

‘‘(1) In the case of a vessel, boat, craft, or component procured through a contract, in accordance with the provisions of 

section 2320 of this title. 

‘‘(2) In the case of a vessel, boat, craft, or component procured through an instrument not governed by section 2320 of 

this title, by the terms of the instrument (other than a contract) under which the design for such vessel, boat, craft, or 

component, as applicable, was developed for the Government. 

‘‘(b) CONSTRUCTION OF SUPERSEDING AUTHORITIES.—This section 

may be modified or superseded by a provision of statute only if 

such provision expressly refers to this section in modifying or superseding this section.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 633 of such title is amended by adding at the end 

the following new item: 

‘‘7317. Status of Government rights in the designs of vessels, boats, and craft, and 

components thereof’’. 

Subtitle D—Provisions Relating to Acquisition Workforce and Inherently Governmental Functions 

SEC. 831. DEVELOPMENT OF GUIDANCE ON PERSONAL SERVICES CONTRACTS. 

(a) GUIDANCE REQUIRED.—Not later than 270 days after the date 

of the enactment of this Act, the Secretary of Defense shall develop 

guidance related to personal services contracts to— 

(1) require a clear distinction between employees of the Department of Defense and employees of Department of Defense 

contractors; 

(2) provide appropriate safeguards with respect to when, 

where, and to what extent the Secretary may enter into a contract for the procurement of personal services; and 

(3) assess and take steps to mitigate the risk that, as implemented and administered, non-personal services contracts may 

become personal services contracts. 

(b) DEFINITION OF PERSONAL SERVICES CONTRACT.—In this section, the term ‘‘personal services contract’’ has the meaning given 

that term in section 2330a(g)(5) of title 10, United States Code. 

SEC. 832. SENSE OF CONGRESS ON PERFORMANCE BY PRIVATE SECURITY CONTRACTORS OF CERTAIN FUNCTIONS IN AN AREA 

OF COMBAT OPERATIONS. 

It is the sense of Congress that— 

(1) security operations for the protection of resources (including people, information, equipment, and supplies) in uncontrolled or unpredictable high-threat environments should ordiVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00214 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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narily be performed by members of the Armed Forces if they 

will be performed in highly hazardous public areas where the 

risks are uncertain and could reasonably be expected to require 

deadly force that is more likely to be initiated by personnel 

performing such security operations than to occur in self-defense; 

(2) it should be in the sole discretion of the commander of 

the relevant combatant command to determine whether or not 

the performance by a private security contractor under a contract awarded by any Federal agency of a particular activity, 

a series of activities, or activities in a particular location, within a designated area of combat operations is appropriate and 

such a determination should not be delegated to any person 

who is not in the military chain of command; 

(3) the Secretaries of the military departments and the 

Chiefs of Staff of the Armed Forces should ensure that the 

United States Armed Forces have appropriate numbers of 

trained personnel to perform the functions described in paragraph (1) without the need to rely upon private security contractors; and 

(4) the regulations issued 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) should ensure that private security contractors are not authorized to perform inherently governmental 

functions in an area of combat operations. 

SEC. 833. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY. 

Section 1705 of title 10, United States Code, is amended by adding at the end the following new subsection: 

‘‘(h) EXPEDITED HIRING AUTHORITY.— 

‘‘(1) For purposes of sections 3304, 5333, and 5753 of title 5, 

United States Code, the Secretary of Defense may— 

‘‘(A) designate any category of acquisition positions within the Department of Defense as shortage category positions; and 

‘‘(B) utilize the authorities in such sections to recruit and 

appoint highly qualified persons directly to positions so 

designated. 

‘‘(2) The Secretary may not appoint a person to a position of 

employment under this subsection after September 30, 2012.’’. 

SEC. 834. CAREER PATH AND OTHER REQUIREMENTS FOR MILITARY 

PERSONNEL IN THE ACQUISITION FIELD. 

(a) ACQUISITION PERSONNEL REQUIREMENTS.— (1) IN GENERAL.—Chapter 87 of title 10, United States Code, 

is amended by inserting after section 1722 the following new 

section: 

‘‘§ 1722a. Special requirements for military personnel in the 

acquisition field 

‘‘(a) REQUIREMENT FOR POLICY AND GUIDANCE REGARDING MILI- TARY PERSONNEL IN ACQUISITION.—The Secretary of Defense shall 

require the Secretary of each military department (with respect to 

such military department) and the Under Secretary of Defense for 


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Acquisition, Technology, and Logistics (with respect to the Office of 

the Secretary of Defense, the unified combatant commands, the Defense Agencies, and the Defense Field Activities) to establish policies and issue guidance to ensure the proper development, assignment, and employment of members of the armed forces in the acquisition field to achieve the objectives of this section as specified 

in subsection (b). 

‘‘(b) OBJECTIVES.—Policies established and guidance issued pursuant to subsection (a) shall ensure, at a minimum, the following: 

‘‘(1) A career path in the acquisition field that attracts the 

highest quality officers and enlisted personnel. 

‘‘(2) A number of command positions and senior noncommissioned officer positions, including acquisition billets reserved 

for general officers and flag officers under subsection (c), sufficient to ensure that members of the armed forces have opportunities for promotion and advancement in the acquisition 

field. 

‘‘(3) A number of qualified, trained members of the armed 

forces eligible for and active in the acquisition field sufficient 

to ensure the optimum management of the acquisition functions of the Department of Defense and the appropriate use of 

military personnel in contingency contracting. 

‘‘(c) RESERVATION OF ACQUISITION BILLETS FOR GENERAL OFFICERS AND FLAG OFFICERS.—(1) The Secretary of Defense shall— 

‘‘(A) establish for each military department a sufficient number of billets coded or classified for acquisition personnel that 

are reserved for general officers and flag officers that are needed for the purpose of ensuring the optimum management of the 

acquisition functions of the Department of Defense; and 

‘‘(B) ensure that the policies established and guidance issued 

pursuant to subsection (a) by the Secretary of each military department reserve at least that minimum number of billets and 

fill the billets with qualified and trained general officers and 

flag officers who have significant acquisition experience. 

‘‘(2) The Secretary of Defense shall ensure— 

‘‘(A) a sufficient number of billets for acquisition personnel 

who are general officers or flag officers exist within the Office 

of the Secretary of Defense, the unified combatant commands, 

the Defense Agencies, and the Defense Field Activities to ensure the optimum management of the acquisition functions of 

the Department of Defense; and 

‘‘(B) that the policies established and guidance issued pursuant to subsection (a) by the Secretary reserve within the Office 

of the Secretary of Defense, the unified combatant commands, 

the Defense Agencies, and the Defense Field Activities at least 

that minimum number of billets and fill the billets with qualified and trained general officers and flag officers who have significant acquisition experience. 

‘‘(3) The Secretary of Defense shall ensure that a portion of the 

billets referred to in paragraphs (1) and (2) involve command of organizations primarily focused on contracting and are reserved for 

general officers and flag officers who have significant contracting 

experience. 


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‘‘(d) RELATIONSHIP TO LIMITATION ON PREFERENCE FOR MILITARY

PERSONNEL.—Any designation or reservation of a position for a 

member of the armed forces as a result of a policy established or 

guidance issued pursuant to this section shall be deemed to meet 

the requirements for an exception under paragraph (2) of section 

1722(b) of this title from the limitation in paragraph (1) of such 

section. 

‘‘(e) REPORT.—Not later than January 1 of each year, the Secretary of each military department shall submit to the Under Secretary of Defense for Acquisition, Technology, and Logistics a report describing how the Secretary fulfilled the objectives of this section in the preceding calendar year. The report shall include information on the reservation of acquisition billets for general officers 

and flag officers within the department concerned.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 87 of such title is amended by inserting 

after the item relating to section 1722 the following new item: 

‘‘1722a. Special requirements for military personnel in the acquisition field.’’. 

(b) ADDITIONAL ITEM IN STRATEGIC PLAN.—Section 543(f)(3)(E) of 

the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat 116) is amended by inserting after ‘‘officer assignments and grade requirements’’ the following: ‘‘, including requirements relating to the reservation of billets in the acquisition field for general and flag officers,’’. 

(c) ANNUAL REPORT REQUIRED.—Not later than 270 days after 

the date of the enactment of this Act, and not later than March 1 

of 2010, 2011, and 2012, the Secretary of Defense shall submit to 

the congressional defense committees a report on— 

(1) the number acquisition and contracting billets in each of 

the Armed Forces and joint activities that are reserved for general officers and flag officers; and 

(2) the extent to which these billets have been filled by general officers and flag officers with significant acquisition experience and significant contracting experience, as applicable. 

Subtitle E—Department of Defense 

Contractor Matters 

SEC. 841. ETHICS SAFEGUARDS RELATED TO CONTRACTOR CONFLICTS OF INTEREST. 

(a) POLICY ON PERSONAL CONFLICTS OF INTEREST BY EMPLOYEES

OF FEDERAL GOVERNMENT CONTRACTORS.—Not later than 270 days 

after the date of the enactment of this Act, the Administrator for 

Federal Procurement Policy shall develop and issue a standard policy to prevent personal conflicts of interest by contractor employees 

performing acquisition functions closely associated with inherently 

governmental functions (including the development, award, and administration of Government contracts) for or on behalf of a Federal 

agency or department. 

(1) ELEMENTS OF POLICY.—The policy required under subsection (a) shall— 

(A) provide a definition of the term ‘‘personal conflict of 

interest’’ as it relates to contractor employees performing 


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acquisition functions closely associated with inherently 

governmental functions; and 

(B) require each contractor whose employees perform acquisition functions closely associated with inherently governmental functions to— 

(i) identify and prevent personal conflicts of interest 

for employees of the contractor who are performing 

such functions; 

(ii) prohibit contractor employees who have access to 

non-public government information obtained while 

performing such functions from using such information for personal gain; 

(iii) report any personal conflict-of-interest violation 

by such an employee to the applicable contracting officer or contracting officer’s representative as soon as it 

is identified; 

(iv) maintain effective oversight to verify compliance 

with personal conflict-of-interest safeguards; 

(v) have procedures in place to screen for potential 

conflicts of interest for all employees performing such 

functions; and 

(vi) take appropriate disciplinary action in the case 

of employees who fail to comply with policies established pursuant to this section. 

(2) CONTRACT CLAUSE.— (A) The Administrator shall develop a personal conflictsof-interest clause or a set of clauses for inclusion in solicitations and contracts (and task or delivery orders) for the 

performance of acquisition functions closely associated 

with inherently governmental functions that sets forth the 

personal conflicts-of-interest policy developed under this 

subsection and that sets forth the contractor’s responsibilities under such policy. 

(B) Subparagraph (A) shall take effect 300 days after the 

date of the enactment of this Act and shall apply to— 

(i) contracts entered into on or after that effective 

date; and 

(ii) task or delivery orders awarded on or after that 

effective date, regardless of whether the contracts pursuant to which such task or delivery orders are awarded are entered before, on, or after the date of the enactment of this Act. 

(3) APPLICABILITY.— 

(A) Except as provided in subparagraph (B), this subsection shall apply to any contract for an amount in excess 

of the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act 

(41 U.S.C. 403(11)) if the contract is for the performance 

of acquisition functions closely associated with inherently 

governmental functions. 

(B) If only a portion of a contract described in subparagraph (A) is for the performance of acquisition functions 

described in that subparagraph, then this subsection applies only to that portion of the contract. 


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(b) REVIEW OF FEDERAL ACQUISITION REGULATION RELATING TO

CONFLICTS OF INTEREST.— 

(1) REVIEW.—Not later than 12 months after the date of the 

enactment of this Act, the Administrator for Federal Procurement Policy, in consultation with the Director of the Office of 

Government Ethics, shall review the Federal Acquisition Regulation to— 

(A) identify contracting methods, types and services that 

raise heightened concerns for potential personal and organizational conflicts of interest; and 

(B) determine whether revisions to the Federal Acquisition Regulation are necessary to— 

(i) address personal conflicts of interest by contractor employees with respect to functions other than 

those described in subsection (a); or 

(ii) achieve sufficiently rigorous, comprehensive, and 

uniform government-wide policies to prevent and mitigate organizational conflicts of interest in Federal contracting. 

(2) REGULATORY REVISIONS.—If the Administrator determines pursuant to the review under paragraph (1)(B) that revisions to the Federal Acquisition Regulation are necessary, the 

Administrator shall work with the Federal Acquisition Regulatory Council to prescribe appropriate revisions to the regulations, including the development of appropriate contract 

clauses. 

(3) REPORT.—Not later than March 1, 2010, the Administrator shall submit to the Committees on Armed Services of 

the Senate and House of Representatives, the Committee on 

Homeland Security and Governmental Affairs in the Senate, 

and the Committee on Oversight and Government Reform of 

the House of Representatives a report setting forth such findings and determinations under subparagraphs (A) and (B) of 

paragraph (1), together with an assessment of any revisions to 

the Federal Acquisition Regulation that may be necessary. 

(c) BEST PRACTICES.—The Administrator for Federal Procurement Policy shall, in consultation with the Director of the Office 

Government Ethics, develop and maintain a repository of best practices relating to the prevention and mitigation of organizational 

and personal conflicts of interest in Federal contracting. 

SEC. 842. INFORMATION FOR DEPARTMENT OF DEFENSE CONTRACTOR EMPLOYEES ON THEIR WHISTLEBLOWER 

RIGHTS. 

(a) IN GENERAL.—The Secretary of Defense shall ensure that contractors of the Department of Defense inform their employees in 

writing of employee whistleblower rights and protections under section 2409 of title 10, United States Code, as implemented by subpart 3.9 of part I of title 48, Code of Federal Regulations. 

(b) CONTRACTOR DEFINED.—In this section, the term ‘‘contractor’’ 

has the meaning given that term in section 2409(e)(4) of title 10, 

United States Code. 


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SEC. 843. 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 and to defense contractors subject to 

such Act. 

(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 such options (including 

entering into a single Defense Base Act insurance contract) as the 

Secretary deems to best satisfy the criteria identified under subsection (b). 

(d) REPORT.—(1) Not later than 270 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). 

SEC. 844. REPORT ON USE OF OFF-SHORE SUBSIDIARIES BY DEFENSE 

CONTRACTORS. 

(a) REPORT REQUIRED.—Not later than one year after the date of 

the enactment of this Act, the Comptroller General shall provide a 

report to the Committees on Armed Services of the Senate and the 

House of Representatives on the use of off-shore subsidiaries by 

contractors of the Department of Defense. 


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(b) MATTERS COVERED.—The report shall comprehensively examine the rationale, implications, and costs and benefits for both the 

contractor and the Department of Defense in using off-shore subsidiaries, particularly in respect to— 

(1) tax liability (including corporate income taxes and payroll 

taxes); 

(2) legal liability; 

(3) compliance with cost accounting standards; 

(4) efficiency in contract performance; 

(5) contract management and contract oversight; and 

(6) such other areas as the Comptroller General determines 

appropriate. 

SEC. 845. DEFENSE INDUSTRIAL SECURITY. 

(a) DEFENSE INDUSTRIAL SECURITY.— 

(1) IN GENERAL.—Subchapter I of chapter 21 of title 10, 

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

‘‘§ 438. Defense industrial security 

‘‘(a) RESPONSIBILITY FOR DEFENSE INDUSTRIAL SECURITY.—The 

Secretary of Defense shall be responsible for the protection of classified information disclosed to contractors of the Department of Defense. 

‘‘(b) CONSISTENCY WITH EXECUTIVE ORDERS AND DIRECTIVES.— 

The Secretary shall carry out the responsibility assigned under 

subsection (a) in a manner consistent with Executive Order 12829 

(or any successor order to such executive order) and consistent with 

policies relating to the National Industrial Security Program (or 

any successor to such program). 

‘‘(c) PERFORMANCE OF INDUSTRIAL SECURITY FUNCTIONS FOR

OTHER AGENCIES.—The Secretary may perform industrial security 

functions for other agencies of the Federal government upon request or upon designation of the Department of Defense as executive agent for the National Industrial Security Program (or any 

successor to such program). 

‘‘(d) REGULATIONS AND POLICY GUIDANCE.—The Secretary shall 

prescribe, and from time to time revise, such regulations and policy 

guidance as are necessary to ensure the protection of classified information disclosed to contractors of the Department of Defense. 

‘‘(e) DEDICATION OF RESOURCES.—The Secretary shall ensure that 

sufficient resources are provided to staff, train, and support such 

personnel as are necessary to fully protect classified information 

disclosed to contractors of the Department of Defense. 

‘‘(f) BIENNIAL REPORT.—The Secretary shall report biennially to 

the congressional defense committees on expenditures and activities of the Department of Defense in carrying out the requirements 

of this section. The Secretary shall submit the report at or about 

the same time that the President’s budget is submitted pursuant 

to section 1105(a) of title 31, United States Code, in odd numbered 

years. The report shall be in an unclassified form (with a classified 

annex if necessary) and shall cover the activities of the Department 

of Defense in the preceding two fiscal years, including the following: 


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‘‘(1) The workforce responsible for carrying out the requirements of this section, including the number and experience of 

such workforce; training in the performance of industrial security functions; performance metrics; and resulting assessment 

of overall quality. 

‘‘(2) A description of funds authorized, appropriated, or reprogrammed to carry out the requirements of this section, the 

budget execution of such funds, and the adequacy of budgets 

provided for performing such purpose. 

‘‘(3) Statistics on the number of contractors handling classified information of the Department of Defense, and the percentage of such contractors who are subject to foreign ownership, control, or influence. 

‘‘(4) Statistics on the number of violations identified, enforcement actions taken, and the percentage of such violations occurring at facilities of contractors subject to foreign ownership, 

control, or influence. 

‘‘(5) An assessment of whether major contractors implementing the program have adequate enforcement programs 

and have trained their employees adequately in the requirements of the program. 

‘‘(6) Trend data on attempts to compromise classified information disclosed to contractors of the Department of Defense 

to the extent that such data are available.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter I of chapter 21 of title 10, United States 

Code, is amended by adding at the end the following new item: 

‘‘438. Defense industrial security.’’. 

(b) SUBMISSION OF FIRST BIENNIAL REPORT.—Notwithstanding 

the deadline in subsection (f) of section 438 of title 10, United 

States Code, as added by this section, the first biennial report submitted after the date of the enactment of this Act pursuant to such 

subsection shall be submitted not later than September 1, 2009, 

and shall address the period from the date of the enactment of this 

Act to the issuance of such report. 

(c) REPORT ON IMPROVING INDUSTRIAL SECURITY.—Not later than 

March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on improving industrial security, including, at a minimum, the following: 

(1) The actions taken or actions planned to implement the 

recommendations of the Comptroller General as embodied in 

the report entitled ‘‘Industrial Security: DOD Cannot Ensure 

Its Oversight of Contractors Under Foreign Influence Is Sufficient’’ (GAO–05–681; July 2005). 

(2) Other actions taken or action planned to improve industrial security. 

(3) An analysis of the impact of emerging financial arrangements such as sovereign wealth funds, hedge funds, and other 

new financial debt and credit arrangements on the Department’s ability to identify and mitigate foreign ownership, control, or influence. 

(4) Any recommendations of the Secretary for modifying regulations and policy guidance prescribed pursuant to section 


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438(d) of title 10, United States Code, or other regulations or 

policy guidance addressing industrial security, to extend best 

practices for industrial security across the broadest possible 

range of defense contractors, and to improve industrial security 

generally. 

Subtitle F—Matters Relating to Iraq and 

Afghanistan 

SEC. 851. CLARIFICATION AND MODIFICATION OF AUTHORITIES RELATING TO THE COMMISSION ON WARTIME CONTRACTING IN IRAQ AND AFGHANISTAN. 

(a) NATURE OF COMMISSION.—Subsection (a) of section 841 of the 

National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181; 122 Stat. 230) is amended by inserting ‘‘in the legislative branch’’ after ‘‘There is hereby established’’. 

(b) PAY AND ANNUITIES OF MEMBERS AND STAFF ON FEDERAL REEMPLOYMENT.—Subsection (e) of such is amended by adding at the 

end the following new paragraph: 

‘‘(8) PAY AND ANNUITIES OF MEMBERS AND STAFF ON FEDERAL

REEMPLOYMENT.—If warranted by circumstances described in 

subparagraph (A) or (B) of section 8344(i)(1) of title 5, United 

States Code, or by circumstances described in subparagraph 

(A) or (B) of section 8468(f)(1) of such title, as applicable, a cochairman of the Commission may exercise, with respect to the 

members and staff of the Commission, the same waiver authority as would be available to the Director of the Office of Personnel Management under such section.’’. 

(c) EFFECTIVE DATE.— 

(1) NATURE OF COMMISSION.—The amendment made by subsection (a) shall take effect as of January 28, 2008, as if included in the enactment of the National Defense Authorization 

Act for Fiscal Year 2008. 

(2) PAY AND ANNUITIES.—The amendment made by subsection (b) shall apply to members and staff of the Commission 

on Wartime Contracting in Iraq and Afghanistan appointed or 

employed, as the case may be, on or after that date. 

SEC. 852. COMPREHENSIVE AUDIT OF SPARE PARTS PURCHASES AND 

DEPOT OVERHAUL AND MAINTENANCE OF EQUIPMENT 

FOR OPERATIONS IN IRAQ AND AFGHANISTAN. 

(a) AUDITS REQUIRED.—The Army Audit Agency, the Navy Audit 

Service, and the Air Force Audit Agency shall each conduct thorough audits to identify potential waste, fraud, and abuse in the 

performance of the following: 

(1) Department of Defense contracts, subcontracts, and task 

and delivery orders for— 

(A) depot overhaul and maintenance of equipment for 

the military in Iraq and Afghanistan; and 

(B) spare parts for military equipment used in Iraq and 

Afghanistan; and 

(2) Department of Defense in-house overhaul and maintenance of military equipment used in Iraq and Afghanistan. 

(b) COMPREHENSIVE AUDIT PLAN.— 


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(1) PLANS.—The Army Audit Agency, the Navy Audit Service, and the Air Force Audit Agency shall, in coordination with 

the Inspector General of the Department of Defense, develop a 

comprehensive plan for a series of audits to discharge the requirements of subsection (a). 

(2) INCORPORATION INTO REQUIRED AUDIT PLAN.—The plan 

developed under paragraph (1) shall be submitted to the Inspector General of the Department of Defense for incorporation 

into the audit plan required by section 842(b)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181; 122 Stat. 234; 10 U.S.C. 2302 note). 

(c) INDEPENDENT CONDUCT OF AUDIT FUNCTIONS.—All audit 

functions performed under this section, including audit planning 

and coordination, shall be performed in an independent manner. 

(d) AVAILABILITY OF RESULTS.—All audit reports resulting from 

audits under this section shall be made available to the Commission on Wartime Contracting in Iraq and Afghanistan established 

pursuant to section 841 of the National Defense Authorization Act 

for Fiscal Year 2008 (122 Stat. 230). 

(e) CONSTRUCTION.—Nothing in this section shall be construed to 

require any agency of the Federal Government to duplicate audit 

work that an agency of the Federal Government has already performed. 

SEC. 853. ADDITIONAL MATTERS REQUIRED TO BE REPORTED BY 

CONTRACTORS PERFORMING SECURITY FUNCTIONS IN 

AREAS OF COMBAT OPERATIONS. 

Section 862 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 254; 10 U.S.C. 2302 

note) is amended— 

(1) in subsection (a)(2)(D)— 

(A) by striking ‘‘or’’ at the end of clause (ii); and 

(B) by inserting after clause (iii) the following new 

clauses: 

‘‘(iv) a weapon is discharged against personnel performing private security functions in an area of combat operations or personnel performing such functions 

believe a weapon was so discharged; or 

‘‘(v) active, non-lethal countermeasures (other than 

the discharge of a weapon) are employed by the personnel performing private security functions in an 

area of combat operations in response to a perceived 

immediate threat to such personnel;’’; and 

(2) in subsection (b)(2)(B) in the matter preceding clause (i)— 

(A) by inserting ‘‘comply with and’’ before ‘‘ensure’’; and 

(B) by striking ‘‘comply with—’’ and inserting ‘‘act in accordance with—’’. 

SEC. 854. ADDITIONAL CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES RELATING TO ALLEGED CRIMES BY OR 

AGAINST CONTRACTOR PERSONNEL IN IRAQ AND AFGHANISTAN. 

(a) IN GENERAL.—Section 861(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

253; 10 U.S.C. 2302 note) is amended by adding the following new 

paragraphs: 


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‘‘(7) Mechanisms for ensuring that contractors are required 

to report offenses described in paragraph (6) that are alleged 

to have been committed by or against contractor personnel to 

appropriate investigative authorities. 

‘‘(8) Responsibility for providing victim and witness protection and assistance to contractor personnel in connection with 

alleged offenses described in paragraph (6). 

‘‘(9) Development of a requirement that a contractor shall 

provide to all contractor personnel who will perform work on 

a contract in Iraq or Afghanistan, before beginning such work, 

information on the following: 

‘‘(A) How and where to report an alleged offense described in paragraph (6). 

‘‘(B) Where to seek the assistance required by paragraph 

(8).’’. 

(b) IMPLEMENTATION.— (1) THROUGH MEMORANDUM OF UNDERSTANDING.—The memorandum of understanding required by section 861(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181; 122 Stat. 253; 10 U.S.C. 2302 note) shall be 

modified to address the requirements under the amendment 

made by subsection (a) not later than 120 days after the date 

of the enactment of this Act. 

(2) AS CONDITION OF CURRENT AND FUTURE CONTRACTS.—The 

requirements under the amendment made by subsection (a) 

shall be included in each contract in Iraq or Afghanistan (as 

defined in section 864(a)(2) of Public Law 110–181; 2302 note) 

awarded on or after the date that is 180 days after the date 

of the enactment of this Act. Federal agencies shall make best 

efforts to provide for the inclusion of such requirements in covered contracts awarded before such date. 

(c) REPORTING REQUIREMENT.—Beginning not later than 270 

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

Defense shall make publicly available a numerical accounting of alleged offenses described in section 861(b)(6) of Public Law 110–181 

that have been reported under that section that occurred after the 

date of the enactment of this Act. The information shall be updated 

no less frequently than semi-annually. 

(d) DEFINITIONS.—Section 864(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

253; 10 U.S.C. 2302 note) is amended— 

(1) by redesignating paragraphs (5) and (6) as paragraphs (6) 

and (7), respectively; and 

(2) by inserting after paragraph (4) the following new paragraph: 

‘‘(5) CONTRACTOR PERSONNEL.—The term ‘contractor personnel’ means any person performing work under contract for 

the Department of Defense, the Department of State, or the 

United States Agency for International Development, in Iraq 

or Afghanistan, including individuals and subcontractors at 

any tier.’’. 

SEC. 855. SUSPENSION OF STATUTES OF LIMITATIONS WHEN CONGRESS AUTHORIZES THE USE OF MILITARY FORCE. 

Section 3287 of title 18, United States Code, is amended— 


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(1) by inserting ‘‘or Congress has enacted a specific authorization for the use of the Armed Forces, as described in section 

5(b) of the War Powers Resolution (50 U.S.C. 1544(b)),’’ after 

‘‘is at war’’; 

(2) by inserting ‘‘or directly connected with or related to the 

authorized use of the Armed Forces’’ after ‘‘prosecution of the 

war’’; 

(3) by striking ‘‘three years’’ and inserting ‘‘5 years’’; 

(4) by striking ‘‘proclaimed by the President’’ and inserting 

‘‘proclaimed by a Presidential proclamation, with notice to Congress,’’; and 

(5) by adding at the end the following: ‘‘For purposes of applying such definitions in this section, the term ‘war’ includes 

a specific authorization for the use of the Armed Forces, as described in section 5(b) of the War Powers Resolution (50 U.S.C. 

1544(b)).’’. 

Subtitle G—Governmentwide Acquisition 

Improvements 

SEC. 861. SHORT TITLE. 

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

2008’’. 

SEC. 862. 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 one year 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 the simplified acquisition threshold.’’. 

(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 


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

required goods or services through the use of competitive 

procedures; and 

‘‘(ii) may not exceed one year 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 the simplified acquisition threshold.’’. 

SEC. 863. REQUIREMENTS FOR PURCHASE OF PROPERTY AND SERVICES PURSUANT TO MULTIPLE AWARD CONTRACTS. 

(a) REGULATIONS REQUIRED.—Not later than one year 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)(A) 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— 


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(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 contractors were able to be identified despite reasonable 

efforts to do so. 

(c) PUBLIC NOTICE REQUIREMENTS RELATED TO SOLE SOURCE

TASK OR DELIVERY ORDERS.— (1) PUBLIC NOTICE REQUIRED.—Not later than one year 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— 

(A) publish on 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 

(B) disclose the determination required by subsection 

(b)(1) related to sole source task or delivery orders in excess of the simplified acquisition threshold placed against 

multiple award contracts through the same mechanism 

and to the same extent as the disclosure of documents containing a justification and approval required by section 

2304(f)(1) of title 10, United States Code, and section 

303(f)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)), except in the event 

of extraordinary circumstances or classified orders. 

(2) EXEMPTION.—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 ‘‘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 ‘‘individual purchase’’ means a task order, delivery order, or other purchase. 

(3) 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. 

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

order that does not follow the competitive procedures in subsection (b)(2) or (b)(3). 


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(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 the effective 

date of such regulations, without regard to whether the multiple 

award contracts were entered into before, on, or after such effective 

date. 

(f) REPEAL OF REDUNDANT PROVISION.—Section 803 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 

107–107; 10 U.S.C. 2304 note) is repealed. 

SEC. 864. REGULATIONS ON THE USE OF COST-REIMBURSEMENT CONTRACTS. 

(a) IN GENERAL.—Not later than 270 days after the date of the 

enactment of this Act, the Federal Acquisition Regulation shall be 

revised to address the use of cost-reimbursement contracts. 

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

shall include, at a minimum, guidance regarding— 

(1) when and under what circumstances cost-reimbursement 

contracts are appropriate; 

(2) the acquisition plan findings necessary to support a decision to use cost-reimbursement contracts; and 

(3) the acquisition workforce resources necessary to award 

and manage cost-reimbursement contracts. 

(c) INSPECTOR GENERAL REVIEW.—Not later than one year after 

the regulations required by subsection (a) are promulgated, the Inspector General for each executive agency shall review the use of 

cost-reimbursement contracts by such agency for compliance with 

such regulations and shall include the results of the review in the 

Inspector General’s next semiannual report. 

(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 subsection (e) on the use of costreimbursement contracts and task or delivery orders by all executive agencies. The report shall be submitted no later than March 

1 and shall 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 total number and value of cost-reimbursement contracts awarded and orders issued during the covered fiscal 

year; and 

(3) an assessment of the effectiveness of the regulations promulgated pursuant to subsection (a) in ensuring 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 AND YEARS.— 

(1) AGENCIES.—The requirement in subsection (c) shall apply 

only to those executive agencies that awarded contracts or 


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issued orders (under contracts previously awarded) 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. 

(2) YEARS.—The report required by subsection (d) shall be 

submitted from March 1, 2009, until March 1, 2014. 

(g) EXECUTIVE AGENCY DEFINED.—In this section, 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)). 

SEC. 865. 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. 

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

(b) REGULATIONS REQUIRED.— (1) IN GENERAL.—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— 

(A) include a written agreement between the requesting 

agency and the servicing agency assigning responsibility 

for the administration and management of the contract; 

(B) include a determination that an interagency acquisition is the best procurement alternative; and 

(C) include sufficient documentation to ensure an adequate audit. 

(2) MULTI-AGENCY CONTRACTS.—Not later than one year 

after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require any multi-agency 

contract entered into by an executive agency after the effective 

date of such regulations to be supported by a business case 

analysis detailing the administration of such contract, including an analysis of all direct and indirect costs to the Federal 

Government of awarding and administering such contract and 

the impact such contract will have on the ability of the Federal 

Government to leverage its purchasing power. 

(c) AGENCY REPORTING REQUIREMENT.—The senior procurement 

executive for each executive agency shall, as directed by the DirecVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00230 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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tor 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). 

(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)), except that, in the case of a military department, it means the Department of Defense. 

(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. 

(4) The term ‘‘multi-agency contract’’ means a task or delivery order contract established for use by more than one executive agency to obtain supplies and services, consistent with section 1535 of title 31, United States Code (commonly referred to 

as the ‘‘Economy Act’’). 

SEC. 866. LIMITATIONS ON TIERING OF SUBCONTRACTORS. 

(a) REGULATIONS.—Not later than one year after the date of the 

enactment of this Act, the Federal Acquisition Regulation shall be 

amended, for executive agencies other than the Department of Defense, to minimize the excessive use by contractors of subcontractors, or of tiers of subcontractors, that add no or negligible value, 

and to ensure that neither a contractor nor a subcontractor receives indirect costs or profit on work performed by a lower-tier 

subcontractor to which the higher-tier contractor or subcontractor 

adds no, or negligible, value (but not to limit charges for indirect 

costs and profit based on the direct costs of managing lower-tier 

subcontracts). 

(b) COVERED CONTRACTS.—This section applies to any cost-reimbursement type contract or task or delivery order in an amount 

greater than the simplified acquisition threshold (as defined by section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 

403)). 

(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed as limiting the ability of the Department of Defense to 

implement more restrictive limitations on the tiering of subcontractors. 

(d) APPLICABILITY.—The Department of Defense shall continue to 

be subject to guidance on limitations on tiering of subcontractors 

issued by the Department pursuant to section 852 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2340). 

(e) EXECUTIVE AGENCY DEFINED.—In this section, 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)). 


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SEC. 867. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION 

OUTCOMES. 

(a) GUIDANCE FOR EXECUTIVE AGENCIES ON LINKING OF AWARD

AND INCENTIVE FEES TO ACQUISITION OUTCOMES.—Not later than 

1 year after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to provide executive agencies other than the Department of Defense 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; 

(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. 

(c) GUIDANCE FOR DEPARTMENT OF DEFENSE.—The Department 

of Defense shall continue to be subject to guidance on award and 

incentive fees issued by the Secretary of Defense pursuant to section 814 of the John Warner National Defense Authorization Act 

for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2321). 


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(d) EXECUTIVE AGENCY DEFINED.—In this section, 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)). 

SEC. 868. 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 with respect to 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. 

SEC. 869. ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC 

PLAN. 

(a) PURPOSE.—The purpose of this section is to authorize the 

preparation and completion of a plan (to be known as the ‘‘Acquisition Workforce Development Strategic Plan’’) for Federal agencies 

other than the Department of Defense to develop a specific and actionable 5-year plan to increase the size of the acquisition workforce, and to operate a government-wide acquisition intern program, for such Federal agencies. 

(b) ESTABLISHMENT OF PLAN.—The Associate Administrator for 

Acquisition Workforce Programs designated under section 855(a) of 

the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 251; 41 U.S.C. 433(a)) shall be responsible for the management, oversight, and administration of the Acquisition Workforce Development Strategic Plan in cooperation and 

consultation with the Office of Federal Procurement Policy and the 

assistance of the Federal Acquisition Institute. 

(c) CRITERIA.—The Acquisition Workforce Development Strategic 

Plan shall include, at a minimum, an examination of the following 

matters: 


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(1) The variety and complexity of acquisitions conducted by 

each Federal agency covered by the plan, and the workforce 

needed to effectively carry out such acquisitions. 

(2) The development of a sustainable funding model to support efforts to hire, retain, and train an acquisition workforce 

of appropriate size and skill to effectively carry out the acquisition programs of the Federal agencies covered by the plan, including an examination of interagency funding methods and a 

discussion of how the model of the Defense Acquisition Workforce Development Fund could be applied to civilian agencies. 

(3) Any strategic human capital planning necessary to hire, 

retain, and train an acquisition workforce of appropriate size 

and skill at each Federal agency covered by the plan. 

(4) Methodologies that Federal agencies covered by the plan 

can use to project future acquisition workforce personnel hiring 

requirements, including an appropriate distribution of such 

personnel across each category of positions designated as acquisition workforce personnel under section 37(j) of the Office 

of Federal Procurement Policy Act (41 U.S.C. 433(j)). 

(5) Government-wide training standards and certification requirements necessary to enhance the mobility and career opportunities of the Federal acquisition workforce within the 

Federal agencies covered by the plan. 

(6) If the Associate Administrator recommends as part of the 

plan a growth in the acquisition workforce of the Federal agencies covered by the plan below 25 percent over the next 5 

years, an examination of each of the matters specified in paragraphs (1) through (5) in the context of a 5-year plan that increases the size of such acquisition workforce by not less than 

25 percent, or an explanation why such a level of growth would 

not be in the best interest of the Federal Government. 

(d) DEADLINE FOR COMPLETION.—The Acquisition Workforce Development Strategic Plan shall be completed not later than one 

year after the date of the enactment of this Act and in a fashion 

that allows for immediate implementation of its recommendations 

and guidelines. 

(e) FUNDS.—The Acquisition Workforce Development Strategic 

Plan shall be funded from the Acquisition Workforce Training Fund 

under section 37(h)(3) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 433(h)(3)). 

SEC. 870. CONTINGENCY CONTRACTING CORPS. 

(a) ESTABLISHMENT.—The Office of Federal Procurement Policy 

Act (41 U.S.C. 403 et seq.) is amended by adding at the end the 

following new section: 

‘‘SEC. 44. CONTINGENCY CONTRACTING CORPS. 

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

pursuant to policies established by the Office of Management and 

Budget, and in consultation with the Secretary of Defense and the 

Secretary of Homeland Security, shall establish a Governmentwide 

Contingency Contracting Corps (in this section referred to as the 

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gency operation, both 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 

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

in section 102 of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5122). 

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

and open to all Federal employees and members of the Armed 

Forces who are members of the Federal acquisition workforce. 

‘‘(d) EDUCATION AND TRAINING.—The Administrator may, in consultation with the Director of the Federal Acquisition Institute and 

the Chief Acquisition Officers Council, establish educational and 

training requirements for members of the Corps. Education and 

training carried out pursuant to such requirements shall be paid 

for from funds available in the acquisition workforce training fund 

established pursuant to section 37(h)(3) of this Act. 

‘‘(e) SALARY.—The salary for a member of the Corps shall be 

paid— 

‘‘(1) in the case of a member of the Armed Forces, out of 

funds available to the Armed Force concerned; and 

‘‘(2) in the case of a Federal employee, out of funds available 

to the employing agency. 

‘‘(f) AUTHORITY TO DEPLOY THE CORPS.—(1) The Director of the 

Office of Management and Budget shall have the authority, upon 

request by an executive agency, to determine when members of the 

Corps shall be deployed, with the concurrence of the head of the 

agency or agencies employing the members to be deployed. 

‘‘(2) Nothing in this section shall preclude the Secretary of Defense or the Secretary’s designee from deploying members of the 

Armed Forces or civilian personnel of the Department of Defense 

in support of a contingency operation as defined in section 

101(a)(13) of title 10, United States Code. 

‘‘(g) 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.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for that Act 

(contained in section 1(b) of that Act) is amended by adding at the 

end the following new item: 

‘‘Sec. 44. Contingency Contracting Corps.’’. 


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SEC. 871. ACCESS OF GOVERNMENT ACCOUNTABILITY 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 before the period the following: 

‘‘and to interview any current employee regarding such transactions’’. 

(b) DEFENSE AGENCIES.—Section 2313 of title 10, United States 

Code, is amended in subsection (c)(1) by inserting before the period 

the following: ‘‘and to interview any current employee regarding 

such transactions’’. 

SEC. 872. DATABASE FOR FEDERAL AGENCY CONTRACT AND GRANT 

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, not later than one 

year after the date of the enactment of this Act, and maintain a 

database of information regarding the integrity and performance of 

certain persons awarded Federal agency contracts and grants for 

use by Federal agency officials having authority over contracts and 

grants. 

(b) PERSONS COVERED.—The database shall cover the following: 

(1) Any person awarded a Federal agency contract or grant 

in excess of $500,000, if any information described in subsection (c) exists with respect to such person. 

(2) Any person awarded such other category or categories of 

Federal agency contract as the Federal Acquisition Regulation 

may provide, if such information exists with respect to such 

person. 

(c) INFORMATION INCLUDED.—With respect to a covered person 

the database shall include information (in the form of a brief description) for the most recent 5-year period regarding the following: 

(1) Each civil or criminal proceeding, or any administrative 

proceeding, in connection with the award or performance of a 

contract or grant with the Federal Government with respect to 

the person during the period to the extent that such proceeding 

results in the following dispositions: 

(A) In a criminal proceeding, a conviction. 

(B) In a civil proceeding, a finding of fault and liability 

that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. 

(C) In an administrative proceeding, a finding of fault 

and liability that results in— 

(i) the payment of a monetary fine or penalty of 

$5,000 or more; or 

(ii) the payment of a reimbursement, restitution, or 

damages in excess of $100,000. 

(D) To the maximum extent practicable and consistent 

with applicable laws and regulations, in a criminal, civil, 

or administrative proceeding, a disposition of the matter 

by consent or compromise with an acknowledgment of 

fault by the person if the proceeding could have led to any 

of the outcomes specified in subparagraph (A), (B), or (C). 


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(2) Each Federal contract and grant awarded to the person 

that was terminated in such period due to default. 

(3) Each Federal suspension and debarment of the person in 

that period. 

(4) Each Federal administrative agreement entered into by 

the person and the Federal Government in that period to resolve a suspension or debarment proceeding. 

(5) Each final finding by a Federal official in that period that 

the person has been determined not to be a responsible source 

under subparagraph (C) or (D) of section 4(7) of the Office of 

Federal Procurement Policy Act (41 U.S.C. 403(7)). 

(6) Such other information as shall be provided for purposes 

of this section in the Federal Acquisition Regulation. 

(7) To the maximum extent practical, information similar to 

the information covered by paragraphs (1) through (4) in connection with the award or performance of a contract or grant 

with a State government. 

(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 Federal agency officials to directly input and update information in the database relating to actions such officials have 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) the timely notification of any covered person when 

information relevant to the person is entered into the database; and 

(C) opportunities for any covered person to submit comments pertaining to information about such person for inclusion in the database. 

(e) USE OF DATABASE.— 

(1) AVAILABILITY TO GOVERNMENT OFFICIALS.—The Administrator shall ensure that the information in the database is 

available to appropriate acquisition officials of Federal agencies, to such other government officials as the Administrator 

determines appropriate, and, upon request, to the Chairman 

and Ranking Member of the committees of Congress having jurisdiction. 

(2) REVIEW AND ASSESSMENT OF DATA.— 

(A) IN GENERAL.—Before awarding a contract or grant in 

excess of the simplified acquisition threshold under section 

4(11) of the Office of Federal Procurement Policy Act (41 

U.S.C. 403(11)), the Federal agency official responsible for 

awarding the contract or grant shall review the database 

and shall consider all information in the database with regard to any offer or proposal, and, in the case of a contract, 

shall consider other past performance information available with respect to the offeror in making any responsibility determination or past performance evaluation for 

such offeror. 


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(B) DOCUMENTATION IN CONTRACT FILE.—The contract 

file for each contract of a Federal agency in excess of the 

simplified acquisition threshold shall document the manner in which the material in the database was considered 

in any responsibility determination or past performance 

evaluation. 

(f) DISCLOSURE IN APPLICATIONS.—Not later than one year after 

the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to require that persons with Federal 

agency contracts and grants valued in total greater than 

$10,000,000 shall— 

(1) submit to the Administrator, in a manner determined appropriate by the Administrator, the information subject to inclusion in the database as listed in subsection (c) current as of 

the date of submittal of such information under this subsection; and 

(2) update such information on a semiannual basis. 

(g) RULEMAKING.—The Administrator shall promulgate such regulations as may be necessary to carry out this section. 

SEC. 873. ROLE OF INTERAGENCY COMMITTEE ON DEBARMENT AND 

SUSPENSION. 

(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 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 No. 12549. 


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SEC. 874. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA 

SYSTEM. 

(a) ENHANCED TRANSPARENCY ON INTERAGENCY CONTRACTING

AND OTHER TRANSACTIONS.—Not later than one year 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 (other than 

transactions that are reported through the Federal Assistance 

Awards Data System). 

(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 transmit in a timely manner 

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.’’. 

(c) REPORT TO CONGRESS.— (1) 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. 

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

(A) A list of all databases that include information about 

Federal contracting and Federal grants. 

(B) Recommendations for further legislation or administrative action that the Administrator considers appropriate 

to create a centralized, comprehensive Federal contracting 

and Federal grant database. 

Subtitle H—Other Matters 

SEC. 881. EXPANSION OF AUTHORITY TO RETAIN FEES FROM LICENSING OF INTELLECTUAL PROPERTY. 

Section 2260 of title 10, United States Code, is amended— 

(1) in subsection (a), by inserting ‘‘or the Secretary of Homeland Security’’ after ‘‘Secretary of Defense’’; and 

(2) in subsection (f)— 

(A) by striking ‘‘(f) DEFINITIONS.—In this section, the’’ 

and inserting the following: 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) The’’; and 


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(B) by adding at the end the following new paragraph: 

‘‘(2) The term ‘Secretary concerned’ has the meaning provided in section 101(a)(9) of this title and also includes— 

‘‘(A) the Secretary of Defense, with respect to matters 

concerning the Defense Agencies and Department of Defense Field Activities; and 

‘‘(B) the Secretary of Homeland Security, with respect to 

matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.’’. 

SEC. 882. REPORT ON MARKET RESEARCH. 

Not later than October 1, 2009, the Secretary of Defense shall 

submit to the Committees on Armed Services of the Senate and the 

House of Representatives a report on the implementation of section 

826 of the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181; 10 U.S.C. 2377 note) and the amendments 

made by that section. The report shall address— 

(1) actions taken by the Department of Defense to implement 

the amendments made by section 826(a) of such Act to section 

2377 of title 10, United States Code, with a particular focus 

on— 

(A) the guidance issued by the Department on the performance of market research; 

(B) the market research being performed pursuant to 

such guidance; and 

(C) the results of such guidance and market research; 

(2) training tools the Secretary of Defense has developed to 

assist contracting officials in performing market research in accordance with section 826(b) of such Act; 

(3) actions the Department of Defense intends to take to further implement such section 826 and the amendments made by 

that section, including dissemination of best practices and corrective actions where necessary; and 

(4) such other matters as the Secretary considers appropriate. 

SEC. 883. REPORT RELATING TO MUNITIONS. 

Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report detailing how 

60mm and 81mm munitions used by the Armed Forces are procured, including, where relevant, an explanation of the decision to 

procure such munitions from non-domestic sources and the justification for awarding contracts to non-domestic sources. 

SEC. 884. MOTOR CARRIER FUEL SURCHARGES. 

(a) PASS THROUGH TO COST BEARER.—The Secretary of Defense 

shall take appropriate actions to ensure that, to the maximum extent practicable, in all carriage contracts in which a fuel-related adjustment is provided for, any fuel-related adjustment is passed 

through to the person who bears the cost of the fuel that the adjustment relates to. 

(b) USE OF CONTRACT CLAUSE.—The actions taken by the Secretary under subsection (a) shall include the insertion of a contract 

clause, with appropriate flow-down requirements, into all contracts 

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ranging truck transportation or services in which a fuel-related adjustment is provided for. 

(c) DISCLOSURE.—The Secretary shall publicly disclose any decision by the Department of Defense to pay fuel-related adjustments 

under contracts (or a category of contracts) covered by this section. 

(d) REPORT.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the committees on 

Armed Services of the Senate and the House of Representatives a 

report on the actions taken in accordance with the requirements of 

subsection (a). 

SEC. 885. PROCUREMENT BY STATE AND LOCAL GOVERNMENTS OF 

EQUIPMENT FOR HOMELAND SECURITY AND EMERGENCY 

RESPONSE ACTIVITIES THROUGH THE DEPARTMENT OF 

DEFENSE. 

(a) EXPANSION OF PROCUREMENT AUTHORITY TO INCLUDE EQUIPMENT FOR HOMELAND SECURITY AND EMERGENCY RESPONSE ACTIVITIES.— 

(1) PROCEDURES.—Subsection (a)(1) of section 381 of title 10, 

United States Code, is amended— 

(A) in subsection (a)(1)— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘law enforcement’’; and 

(II) by inserting ‘‘, homeland security, and emergency response’’ after ‘‘counter-drug’’; 

(ii) in subparagraph (A)— 

(I) in the matter preceding clause (i), by inserting ‘‘, homeland security, or emergency response’’ 

after ‘‘counter-drug’’; and 

(II) in clause (i), by striking ‘‘law enforcement’’; 

(iii) in subparagraph (C), by striking ‘‘law enforcement’’ each place it appears; and 

(iv) in subparagraph (D), by striking ‘‘law enforcement’’. 

(2) GSA CATALOG.—Subsection (c) of such section is amended— 

(A) by striking ‘‘law enforcement’’; and 

(B) by inserting ‘‘, homeland security, and emergency response’’ after ‘‘counter-drug’’. 

(3) DEFINITIONS.—Subsection (d) of such section is amended— 

(A) in paragraph (2), by inserting ‘‘or emergency response’’ after ‘‘law enforcement’’ both places it appears; 

and 

(B) in paragraph (3)— 

(i) by striking ‘‘law enforcement’’; 

(ii) by inserting ‘‘, homeland security, and emergency response’’ after ‘‘counter-drug’’; and 

(iii) by inserting ‘‘and, in the case of equipment for 

homeland security activities, may not include any 

equipment that is not found on the Authorized Equipment List published by the Department of Homeland 

Security’’ after ‘‘purposes’’. 

(b) CLERICAL AMENDMENTS.— 


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(1) HEADING AMENDMENT.—The heading of such section is 

amended to read as follows: 

‘‘§ 381. Procurement of equipment by State and local governments through the Department of Defense: equipment for counter-drug, homeland security, and 

emergency response activities’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 18 of such title is amended by striking the item 

relating to section 381 and inserting the following new item: 

‘‘381. Procurement of equipment by State and local governments through the Department of Defense: equipment for counter-drug, homeland security, 

and emergency response activities.’’. 

SEC. 886. REVIEW OF IMPACT OF COVERED SUBSIDIES ON ACQUISITION OF KC–45 AIRCRAFT. 

(a) REVIEW OF COVERED SUBSIDIES REQUIRED.—The Secretary of 

Defense, not later than 10 days after a ruling by the World Trade 

Organization that the United States, the European Union, or any 

political entity within the United States or the European Union, 

has provided a covered subsidy to a manufacturer of large commercial aircraft, shall begin a review, as described in subsection (b), of 

the impact of such covered subsidy on the source selection for the 

KC–45 Aerial Refueling Aircraft Program. 

(b) PERFORMANCE OF THE REVIEW.—In performing the review required by subsection (a), the Secretary of Defense shall consult 

with experts within the Department of Defense, the Office of Management and Budget, the Office of the United States Trade Representative, and other agencies and offices of the Federal Government, and with such other experts outside the Government as the 

Secretary considers appropriate, on the potential impact of a covered subsidy on the source selection process for the KC–45 Aerial 

Refueling Aircraft Program. 

(c) COMPLETION OF REVIEW.—The Secretary of Defense shall complete the review required by subsection (a) not later than 90 days 

after the World Trade Organization has completed ruling on all 

cases involving the allegation of a covered subsidy provided to a 

manufacturer of large commercial aircraft pending at the World 

Trade Organization as of the date of the enactment of this Act. 

(d) REPORT ON REVIEW.—Not later than 30 days after the completion of the review required by subsection (a), the Secretary of 

Defense shall provide a report to the congressional defense committees on the findings of the review, together with any recommendations the Secretary considers appropriate. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘covered subsidy’’ means a subsidy found to 

constitute a violation of the Agreement on Subsidies and Countervailing Measures. 

(2) The term ‘‘Agreement on Subsidies and Countervailing 

Measures’’ means the agreement described in section 

101(d)(12) of the Uruguay Round Agreements Act (19 U.S.C. 

3511(d)(12)). 

(3) The term ‘‘source selection’’, with respect to a program of 

the Department of Defense, means the selection, through the 

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dures as may be applicable, of a contractor to perform a contract to carry out the program. 

SEC. 887. REPORT ON THE IMPLEMENTATION OF EARNED VALUE 

MANAGEMENT AT THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—The Secretary of Defense shall prepare a report 

on the implementation by the Department of Defense of earned 

value management. The report shall include, at a minimum, the 

following: 

(1) A discussion of the regulations and guidance of the Department applicable to the use and implementation of earned 

value management. 

(2) A discussion of the relative value of earned value management as a tool for program managers and senior Department officials. 

(3) A discussion of specific challenges the Department faces 

in successfully using earned value management because of the 

nature of the culture, history, systems, and activities of the Department, particularly with regard to requirements and funding instability. 

(4) A discussion of the methodology of the Department for 

earned value management implementation, including data 

quality issues, training, and information technology systems 

used to integrate and transmit earned value management 

data. 

(5) An evaluation of the accuracy of the earned value management data provided by vendors to the Federal Government 

concerning acquisition categories I and II programs, with a discussion of the impact of this data on the ability of the Department to achieve program objectives. 

(6) A description of the criteria used by the Department to 

evaluate the success of earned value management in delivering 

program objectives, with illustrative data and examples covering not less than three years. 

(7) Recommendations for improving earned value management and its implementation within the Department, including 

a discussion of the merits of possible alternatives. 

(b) SUBMISSION OF REPORT.—Not later than 270 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

submit the report required by subsection (a) to the Committees on 

Armed Services of the Senate and of the House of Representatives. 

(c) DEFINITION.—In this section, the term ‘‘earned value management’’ has the meaning given that term in section 300 of part 7 of 

Office of Management and Budget Circular A–11 as published in 

June 2008. 

TITLE IX—DEPARTMENT OF DEFENSE 

ORGANIZATION AND MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Plan required for personnel management of special operations forces. 

Sec. 902. Director of Operational Energy Plans and Programs. 

Sec. 903. Corrosion control and prevention executives for the military departments. 


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Sec. 904. Participation of Deputy Chief Management Officer of the Department of 

Defense on Defense Business System Management Committee. 

Sec. 905. Modification of status of Assistant to the Secretary of Defense for Nuclear 

and Chemical and Biological Defense Programs. 

Sec. 906. Requirement for the Secretary of Defense to prepare a strategic plan to 

enhance the role of the National Guard and Reserves. 

Sec. 907. General Counsel to the Inspector General of the Department of Defense. 

Sec. 908. Business transformation initiatives for the military departments. 

Subtitle B—Space Activities 

Sec. 911. Extension of authority for pilot program for provision of space surveillance network services to entities outside United States Government. 

Sec. 912. Investment and acquisition strategy for commercial satellite capabilities. 

Sec. 913. Space posture review. 

Subtitle C—Chemical Demilitarization Program 

Sec. 921. Responsibilities for Chemical Demilitarization Citizens’ Advisory Commissions in Colorado and Kentucky. 

Sec. 922. Cost-benefit analysis of future treatment of hydrolysate at Pueblo Chemical Depot, Colorado. 

Subtitle D—Intelligence-Related Matters 

Sec. 931. Technical changes following the redesignation of National Imagery and 

Mapping Agency as National Geospatial-Intelligence Agency. 

Sec. 932. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 

2004. 

Sec. 933. Technical amendments relating to the Associate Director of the CIA for 

Military Affairs. 

Subtitle E—Other Matters 

Sec. 941. Enhancement of authorities relating to Department of Defense regional 

centers for security studies. 

Sec. 942. Restriction on obligation of funds for United States Southern Command 

development assistance activities. 

Sec. 943. Authorization of non-conventional assisted recovery capabilities. 

Sec. 944. Report on homeland defense and civil support issues. 

Sec. 945. Report on National Guard resource requirements. 

Subtitle A—Department of Defense 

Management 

SEC. 901. PLAN REQUIRED FOR PERSONNEL MANAGEMENT OF SPECIAL OPERATIONS FORCES. 

(a) REQUIREMENT FOR PLAN.—The commander of the special operations command, in consultation with the secretaries of the military departments, shall prepare and submit to the Secretary of Defense a plan relating to personnel management of special operations forces. 

(b) MATTERS COVERED.—The plan under subsection (a) shall address the following: 

(1) Coordination among the military departments in order to 

enhance the manpower management and improve overall readiness of special operations forces. 

(2) Coordination by the commander of the special operations 

command with the Secretaries of the military departments in 

order to better execute his responsibility to maintain readiness 

of special operations forces, including in the areas of accessions, assignments, compensation, promotions, professional development, retention, sustainment, and training. 


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(c) SUBMISSION OF PLAN TO CONGRESSIONAL DEFENSE COMMIT- TEES.—Not later than 90 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit the plan required 

under subsection (a) to the congressional defense committees, together with such additional comments as the Secretary and the 

Chairman of the Joint Chiefs of Staff consider appropriate. 

SEC. 902. DIRECTOR OF OPERATIONAL ENERGY PLANS AND PROGRAMS. 

(a) ESTABLISHMENT OF POSITION; DUTIES.—Chapter 4 of title 10, 

United States Code, is amended by inserting after section 139a the 

following new section: 

‘‘§ 139b. Director of Operational Energy Plans and Programs 

‘‘(a) APPOINTMENT.—There is a Director of Operational Energy 

Plans and Programs in the Department of Defense (in this section 

referred to as the ‘Director’), appointed by the President, by and 

with the advice and consent of the Senate. The Director shall be 

appointed without regard to political affiliation and solely on the 

basis of fitness to perform the duties of the office of Director. 

‘‘(b) DUTIES.—The Director shall— 

‘‘(1) provide leadership and facilitate communication regarding, and conduct oversight to manage and be accountable for, 

operational energy plans and programs within the Department 

of Defense and the Army, Navy, Air Force, and Marine Corps; 

‘‘(2) establish the operational energy strategy; 

‘‘(3) coordinate and oversee planning and program activities 

of the Department of Defense and the Army, Navy, Air Force, 

and the Marine Corps related to— 

‘‘(A) implementation of the operational energy strategy; 

‘‘(B) the consideration of operational energy demands in 

defense planning, requirements, and acquisition processes; 

and 

‘‘(C) research and development investments related to 

operational energy demand and supply technologies; and 

‘‘(4) monitor and review all operational energy initiatives in 

the Department of Defense. 

‘‘(c) PRINCIPAL ADVISOR FOR OPERATIONAL ENERGY PLANS AND

PROGRAMS.—(1) The Director is the principal adviser to the Secretary of Defense and the Deputy Secretary of Defense regarding 

operational energy plans and programs and the principal policy official within the senior management of the Department of Defense 

regarding operational energy plans and programs. 

‘‘(2) The Director may communicate views on matters related to 

operational energy plans and programs and the operational energy 

strategy required by subsection (d) directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the 

approval or concurrence of any other official within the Department 

of Defense. 

‘‘(d) OPERATIONAL ENERGY STRATEGY.—(1) The Director shall be 

responsible for the establishment and maintenance of a department-wide transformational strategy for operational energy. The 

strategy shall establish near-term, mid-term, and long-term goals, 

performance metrics to measure progress in meeting the goals, and 

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partments, the Office of the Secretary of Defense, and Defense 

Agencies. 

‘‘(2) Not later than 90 days after the date on which the Director 

is first appointed, the Secretary of each of the military departments 

shall designate a senior official within each armed force under the 

jurisdiction of the Secretary who will be responsible for operational 

energy plans and programs for that armed force. The officials shall 

be responsible for coordinating with the Director and implementing 

initiatives pursuant to the strategy with regard to that official’s 

armed force. 

‘‘(3) By authority of the Secretary of Defense, the Director shall 

prescribe policies and procedures for the implementation of the 

strategy. The Director shall provide guidance to, and consult with, 

the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, and the officials designated 

under paragraph (2) with respect to specific operational energy 

plans and programs to be carried out pursuant to the strategy. 

‘‘(4) The initial strategy shall be submitted to the congressional 

defense committees not later than 180 days after the date on which 

the Director is first appointed. Subsequent updates to the strategy 

shall be submitted to the congressional defense committees as soon 

as practicable after the modifications to the strategy are made. 

‘‘(e) BUDGETARY AND FINANCIAL MATTERS.—(1) The Director shall 

review and make recommendations to the Secretary of Defense regarding all budgetary and financial matters relating to the operational energy strategy. 

‘‘(2) The Secretary of Defense shall require that the Secretary of 

each military department and the head of each Defense Agency 

with responsibility for executing activities associated with the 

strategy transmit their proposed budget for those activities for a 

fiscal year to the Director for review before submission of the proposed budget to the Under Secretary of Defense (Comptroller). 

‘‘(3) The Director shall review a proposed budget transmitted 

under paragraph (2) for a fiscal year and, not later than January 

31 of the preceding fiscal year, shall submit to the Secretary of Defense a report containing the comments of the Director with respect 

to the proposed budget, together with the certification of the Director regarding whether the proposed budget is adequate for implementation of the strategy. 

‘‘(4) Not later than 10 days after the date on which the budget 

for a fiscal year is submitted to Congress pursuant to section 1105 

of title 31, the Secretary of Defense shall submit to Congress a report on the proposed budgets for that fiscal year that the Director 

has not certified under paragraph (3). The report shall include the 

following: 

‘‘(A) A discussion of the actions that the Secretary proposes 

to take, together with any recommended legislation that the 

Secretary considers appropriate, to address the inadequacy of 

the proposed budgets. 

‘‘(B) Any additional comments that the Secretary considers 

appropriate regarding the inadequacy of the proposed budgets. 

‘‘(5) The report required by paragraph (4) shall also include a 

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priations for that fiscal year for the activities of the Director in carrying out the duties of the Director. 

‘‘(f) ACCESS TO INITIATIVE RESULTS AND RECORDS.—(1) The Secretary of a military department shall submit to the Director the results of all studies and initiatives conducted by the military department in connection with the operational energy strategy. 

‘‘(2) The Director shall have access to all records and data in the 

Department of Defense (including the records and data of each 

military department) necessary in order to permit the Director to 

carry out the duties of the Director. 

‘‘(g) STAFF.—The Director shall have a dedicated professional 

staff of military and civilian personnel in a number sufficient to enable the Director to carry out the duties and responsibilities of the 

Director. 

‘‘(h) DEFINITIONS.—In this section: 

‘‘(1) OPERATIONAL ENERGY.—The term ‘operational energy’ 

means the energy required for training, moving, and sustaining military forces and weapons platforms for military operations. The term includes energy used by tactical power systems and generators and weapons platforms. 

‘‘(2) OPERATIONAL ENERGY STRATEGY.—The terms ‘operational energy strategy’ and ‘strategy’ mean the operational energy strategy developed under subsection (d).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 139a the following new item: 

‘‘139b. Director of Operational Energy Plans and Programs.’’. 

SEC. 903. CORROSION CONTROL AND PREVENTION EXECUTIVES FOR 

THE MILITARY DEPARTMENTS. 

(a) REQUIREMENT TO DESIGNATE CORROSION CONTROL AND PRE- VENTION EXECUTIVE.—Not later than 90 days after the date of the 

enactment of this Act, the Assistant Secretary of each military department with responsibility for acquisition, technology, and logistics shall designate an employee of the military department as the 

corrosion control and prevention executive. Such executive shall be 

the senior official in the department with responsibility for coordinating department-level corrosion control and prevention program 

activities (including budget programming) with the military department and the Office of the Secretary of Defense, the program executive officers of the military departments, and relevant major subordinate commands of the military departments. 

(b) DUTIES.—(1) The corrosion control and prevention executive 

of a military department shall ensure that corrosion control and 

prevention is maintained in the department’s policy and guidance 

for management of each of the following: 

(A) System acquisition and production, including design and 

maintenance. 

(B) Research, development, test, and evaluation programs 

and activities. 

(C) Equipment standardization programs, including international standardization agreements. 

(D) Logistics research and development initiatives. 

(E) Logistics support analysis as it relates to integrated logistic support in the materiel acquisition process. 


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(F) Military infrastructure design, construction, and maintenance. 

(2) The corrosion control and prevention executive of a military 

department shall be responsible for identifying the funding levels 

necessary to accomplish the items listed in subparagraphs (A) 

through (F) of paragraph (1). 

(3) The corrosion control and prevention executive of a military 

department shall, in cooperation with the appropriate staff of the 

department, develop, support, and provide the rationale for resources— 

(A) to initiate and sustain an effective corrosion control and 

prevention program in the department; 

(B) to evaluate the program’s effectiveness; and 

(C) to ensure that corrosion control and prevention requirements for materiel are reflected in budgeting and policies of 

the department for the formulation, management, and evaluation of personnel and programs for the entire department, including its reserve components. 

(4) The corrosion control and prevention executive of a military 

department shall be the principal point of contact of the department to the Director of Corrosion Policy and Oversight (as assigned 

under section 2228 of title 10, United States Code). 

(5) The corrosion control and prevention executive of a military 

department shall submit an annual report, not later than December 31 of each year, to the Secretary of Defense containing recommendations pertaining to the corrosion control and prevention 

program of the military department, including corrosion-related 

funding levels to carry out all of the duties of the executive under 

this section. 

SEC. 904. PARTICIPATION OF DEPUTY CHIEF MANAGEMENT OFFICER 

OF THE DEPARTMENT OF DEFENSE ON DEFENSE BUSINESS SYSTEM MANAGEMENT COMMITTEE. 

(a) PARTICIPATION.—Subsection (a) of section 186 of title 10, 

United States Code, is amended— 

(1) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; 

(2) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) The Deputy Chief Management Officer of the Department of Defense.’’; and 

(3) by striking paragraph (7), as redesignated by paragraph 

(1), and inserting the following new paragraph: 

‘‘(7) The Chief Management Officers of the military departments and the heads of such Defense Agencies as may be designated by the Secretary of Defense.’’. 

(b) SERVICE AS VICE CHAIRMAN.—The second sentence of subsection (b) of such section is amended to read as follows: ‘‘The Deputy Chief Management Officer of the Department of Defense shall 

serve as the vice chairman of the Committee, and shall act as 

chairman in the absence of the Deputy Secretary of Defense.’’. 


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SEC. 905. MODIFICATION OF STATUS OF ASSISTANT TO THE SECRETARY OF DEFENSE FOR NUCLEAR AND CHEMICAL AND 

BIOLOGICAL DEFENSE PROGRAMS. 

Section 142 of title 10, United States Code, is amended by adding 

at the end the following new subsection: 

‘‘(c) The Assistant to the Secretary shall be considered an Assistant Secretary of Defense for purposes of section 138(d) of this 

title.’’. 

SEC. 906. REQUIREMENT FOR THE SECRETARY OF DEFENSE TO PREPARE A STRATEGIC PLAN TO ENHANCE THE ROLE OF THE 

NATIONAL GUARD AND RESERVES. 

(a) PLAN.—Not later than April 1, 2009, the Secretary of Defense 

shall prepare a plan for enhancing the roles of the National Guard 

and Reserve— 

(1) when federalized in the case of the National Guard, or activated in the case of the Reserves, in support of operations 

conducted under title 10, United States Code, including the 

transition of the reserve component of the Armed Forces from 

a strategic force to an operational reserve; 

(2) in support of operations conducted under title 32, United 

States Code, or in support to civil authorities; and 

(3) with respect to the achievement of a fully-integrated total 

force (including further development of a continuum of service). 

(b) CONSULTATION.—In preparing the plan under subsection (a), 

the Secretary of Defense shall take into consideration the advice of 

the Chairman of the Joint Chiefs of Staff, the Secretary and Chief 

of Staff of the Army, the Secretary and Chief of Staff of the Air 

Force, the commander of the United States Northern Command, 

the Chief of the National Guard Bureau, and other appropriate officials, as determined by the Secretary of Defense. 

(c) MATTERS TO BE ASSESSED.—In preparing the plan, the Secretary shall assess— 

(1) the findings, conclusions, and recommendations of the 

Final Report to Congress and the Secretary of Defense of the 

Commission on the National Guard and Reserves, dated January 31, 2008, and titled ‘‘Transforming the National Guard and 

Reserves into a 21st-Century Operational Force’’; and 

(2) the provisions of H.R. 5603 and S. 2706 of the 110th Congress, as introduced on March 13, 2008 (the National Guard 

Empowerment and State-National Defense Integration Act of 

2008). 

(d) REPORT.—Not later than April 1, 2009, the Secretary of Defense shall submit to the Committees on Armed Services of the 

Senate and the House of Representatives a report on the plan required under this section. The report shall include recommendations on— 

(1) any changes to the current Department of Defense organization, structure, command relationships, budget authority, 

procurement authority, and compensation and benefits; 

(2) any legislation that the Secretary considers necessary; 

and 

(3) any other matter the Secretary considers appropriate. 


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SEC. 907. GENERAL COUNSEL TO THE INSPECTOR GENERAL OF THE 

DEPARTMENT OF DEFENSE. 

Section 8 of the Inspector General Act of 1978 (50 U.S.C. App. 

8) is amended by adding at the end the following new subsection: 

‘‘(h)(1) There is a General Counsel to the Inspector General of the 

Department of Defense, who shall be appointed by the Inspector 

General of the Department of Defense. 

‘‘(2)(A) Notwithstanding section 140(b) of title 10, United States 

Code, the General Counsel is the chief legal officer of the Office of 

the Inspector General. 

‘‘(B) The Inspector General is the exclusive legal client of the 

General Counsel. 

‘‘(C) The General Counsel shall perform such functions as the Inspector General may prescribe. 

‘‘(D) The General Counsel shall serve at the discretion of the Inspector General. 

‘‘(3) There is an Office of the General Counsel to the Inspector 

General of the Department of Defense. The Inspector General may 

appoint to the Office to serve as staff of the General Counsel such 

legal counsel as the Inspector General considers appropriate.’’. 

SEC. 908. BUSINESS TRANSFORMATION INITIATIVES FOR THE MILITARY DEPARTMENTS. 

(a) IN GENERAL.—The Secretary of each military department 

shall, acting through the Chief Management Officer of such military department, carry out an initiative for the business transformation of such military department. 

(b) OBJECTIVES.—The objectives of the business transformation 

initiative of a military department under this section shall include, 

at a minimum, the following: 

(1) The development of a comprehensive business transformation plan, with measurable performance goals and objectives, to achieve an integrated management system for the 

business operations of the military department. 

(2) The development of a well-defined enterprise-wide business systems architecture and transition plan encompassing 

end-to-end business processes and capable of providing accurately and timely information in support of business decisions 

of the military department. 

(3) The implementation of the business transformation plan 

developed pursuant to paragraph (1) and the business systems 

architecture and transition plan developed pursuant to paragraph (2). 

(c) BUSINESS TRANSFORMATION OFFICES.— (1) ESTABLISHMENT.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of each military department shall establish within such military department an 

office (to be known as the ‘‘Office of Business Transformation’’ 

of such military department) to assist the Chief Management 

Officer of such military department in carrying out the initiative required by this section for such military department. 

(2) HEAD.—The Office of Business Transformation of a military department under this subsection shall be headed by a Director of Business Transformation, who shall be appointed by 

the Chief Management Officer of the military department, in 


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consultation with the Director of the Business Transformation 

Agency of the Department of Defense, from among individuals 

with significant experience managing large-scale organizations 

or business transformation efforts. 

(3) SUPERVISION.—The Director of Business Transformation 

of a military department under paragraph (2) shall report directly to the Chief Management Officer of the military department, subject to policy guidance from the Director of the Business Transformation Agency of the Department of Defense. 

(4) AUTHORITY.—In carrying out the initiative required by 

this section for a military department, the Director of Business 

Transformation of the military department under paragraph 

(2) shall have the authority to require elements of the military 

department to carry out actions that are within the purpose 

and scope of the initiative. 

(d) RESPONSIBILITIES OF BUSINESS TRANSFORMATION OFFICES.— 

The Office of Business Transformation of a military department established pursuant to subsection (b) may be responsible for the following: 

(1) Transforming the budget, finance, accounting, and 

human resource operations of the military department in a 

manner that is consistent with the business transformation 

plan developed pursuant to subsection (b)(1). 

(2) Eliminating or replacing financial management systems 

of the military department that are inconsistent with the business systems architecture and transition plan developed pursuant to subsection (b)(2). 

(3) Ensuring that the business transformation plan and the 

business systems architecture and transition plan are implemented in a manner that is aggressive, realistic, and accurately measured. 

(4) Such other responsibilities as the Secretary of that military department determines are appropriate. 

(e) REQUIRED ELEMENTS.—In carrying out the initiative required 

by this section for a military department, the Chief Management 

Officer and the Director of Business Transformation of the military 

department shall ensure that each element of the initiative is consistent with— 

(1) the requirements of the Business Enterprise Architecture 

and Transition Plan developed by the Secretary of Defense 

pursuant to section 2222 of title 10, United States Code; 

(2) the Standard Financial Information Structure of the Department of Defense; 

(3) the Federal Financial Management Improvement Act of 

1996 (and the amendments made by that Act); and 

(4) other applicable requirements of law and regulation. 

(f) REPORTS ON IMPLEMENTATION.— 

(1) INITIAL REPORTS.—Not later than nine months after the 

date of the enactment of this Act, the Chief Management Officer of each military department shall submit to the congressional defense committees a report on the actions taken, and 

on the actions planned to be taken, by such military department to implement the requirements of this section. 


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(2) UPDATES.—Not later than March 1 of each of 2010, 2011, 

and 2012, the Chief Management Officer of each military department shall submit to the congressional defense committees 

a current update of the report submitted by such Chief Management Officer under paragraph (1). 

Subtitle B—Space Activities 

SEC. 911. EXTENSION OF AUTHORITY FOR PILOT PROGRAM FOR PROVISION OF SPACE SURVEILLANCE NETWORK SERVICES 

TO ENTITIES OUTSIDE UNITED STATES GOVERNMENT. 

Section 2274(i) of title 10, United States Code, is amended by 

striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 2010’’. 

SEC. 912. INVESTMENT AND ACQUISITION STRATEGY FOR COMMERCIAL SATELLITE CAPABILITIES. 

(a) REQUIREMENT.—The Secretary of Defense shall conduct an assessment to determine a recommended investment and acquisition 

strategy for commercial satellite capabilities. 

(b) ELEMENTS.—The assessment required under subsection (a) 

shall include the following: 

(1) Review of national and defense policy relevant to the requirements for, acquisition of, and use of commercial satellite 

capabilities, and the relationship with commercial satellite providers. 

(2) Assessment of the manner in which commercial satellite 

capabilities are used by the Department of Defense and options 

for expanding such use or identifying new means to leverage 

commercial satellite capabilities, such as hosting payloads. 

(3) Review of military requirements for satellite communications and remote sensing by quantity, quality, timeline, and 

any other metric considered appropriate. 

(4) Description of current and planned commercial satellite 

capabilities and an assessment of their ability to meet the requirements identified in paragraph (3). 

(5) Assessment of the ability of commercial satellite capabilities to meet other military requirements not identified in paragraph (3). 

(6) Description of the use of and resources allocated to commercial satellite communications and remote sensing needed to 

meet the requirements identified in paragraph (3) during— 

(A) the five-year period preceding the date of the assessment; 

(B) the period from the date of the assessment through 

the fiscal years covered under the future-years defense 

program under section 221 of title 10, United States Code; 

and 

(C) the period beyond the fiscal years covered under the 

future-years defense program under such section 221. 

(7) Assessment of purchasing patterns that may lead to recommendations in which the Department may consolidate requirements, centralize operations, aggregate purchases, or leverage purchasing power (including the use of multiyear contracting). 


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(8) Assessment of various models for acquiring commercial 

satellite capabilities, including funding, management, and operations models. 

(c) REPORT.— 

(1) IN GENERAL.—Not later than February 1, 2010, the Secretary of Defense shall submit to the congressional defense 

committees a report setting forth the results of the assessment 

required under subsection (a) and provide recommendations, 

including— 

(A) the recommended investment and acquisition strategy of the Department for commercial satellite capabilities; 

(B) how the investment and acquisition strategy should 

be addressed in fiscal years after fiscal year 2010; and 

(C) a proposal for such legislative action as the Secretary 

considers necessary to acquire appropriate types and 

amounts of commercial satellite capabilities. 

(2) FORM.—The report shall be in unclassified form, but may 

include a classified annex. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘commercial satellite capabilities’’ means the 

system, capability, or service provided by a commercial satellite provider. 

(2) The term ‘‘commercial satellite provider’’ refers to privately owned and operated space systems, their technology, 

components, products, data, services, and related information, 

as well as foreign systems whose products and services are sold 

commercially. 

SEC. 913. SPACE POSTURE REVIEW. 

(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—In order to 

clarify the national security space policy and strategy of the United 

States for the near term, the Secretary of Defense and the Director 

of National Intelligence shall jointly conduct a comprehensive review of the space posture of the United States over the posture review period. 

(b) ELEMENTS OF REVIEW.—The review conducted under subsection (a) shall include, for the posture review period, the following: 

(1) The definition, policy, requirements, and objectives for 

each of the following: 

(A) Space situational awareness. 

(B) Space control. 

(C) Space superiority, including defensive and offensive 

counterspace and protection. 

(D) Force enhancement and force application. 

(E) Space-based intelligence and surveillance and reconnaissance from space. 

(F) Integration of space and ground control and user 

equipment. 

(G) Any other matter the Secretary considers relevant to 

understanding the space posture of the United States. 

(2) A description of current and planned space acquisition 

programs that are in acquisition categories 1 and 2, including 

how each program will address the policy, requirements, and 


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objectives described under each of subparagraphs (A) through 

(G) of paragraph (1). 

(3) A description of future space systems and technology development (other than such systems and technology in development as of the date of the enactment of this Act) necessary to 

address the policy, requirements, and objectives described 

under each of subparagraphs (A) through (G) of paragraph (1). 

(4) An assessment of the relationship among the following: 

(A) Military space policy. 

(B) National security space policy. 

(C) National security space objectives. 

(D) Arms control policy. 

(E) Export control policy. 

(F) Industrial base policy. 

(5) An assessment of the effect of the military and national 

security space policy of the United States on the proliferation 

of weapons capable of targeting objects in space or objects on 

Earth from space. 

(c) REPORT.— 

(1) IN GENERAL.—Not later than December 1, 2009, the Secretary of Defense and the Director of National Intelligence 

shall jointly submit to the congressional committees specified 

in paragraph (3) a report on the review conducted under subsection (a). 

(2) FORM OF REPORT.—The report under this subsection shall 

be submitted in unclassified form, but may include a classified 

annex. 

(3) COMMITTEES.—The congressional committees specified in 

this paragraph are— 

(A) the Committee on Armed Services and the Select 

Committee on Intelligence of the Senate; and 

(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. 

(d) POSTURE REVIEW PERIOD DEFINED.—In this section, the term 

‘‘posture review period’’ means the 10-year period beginning on 

February 1, 2009. 

Subtitle C—Chemical Demilitarization 

Program 

SEC. 921. RESPONSIBILITIES FOR CHEMICAL DEMILITARIZATION CITIZENS’ ADVISORY COMMISSIONS IN COLORADO AND KENTUCKY. 

Section 172 of the National Defense Authorization Act for Fiscal 

Year 1993 (50 U.S.C. 1521 note) is amended— 

(1) by redesignating subsections (f) and (g) as subsections (g) 

and (h), respectively; and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) COLORADO AND KENTUCKY CHEMICAL DEMILITARIZATION CITI- ZENS’ ADVISORY COMMISSIONS.—(1) Notwithstanding subsections 

(b), (g), and (h), and consistent with section 142 of the Strom ThurVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00254 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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mond National Defense Authorization Act for Fiscal Year 1999 (50 

U.S.C. 1521 note) and section 8122 of the Department of Defense 

Appropriations Act, 2003 (Public Law 107–248; 116 Stat. 1566; 50 

U.S.C. 1521 note), the Secretary of the Army shall transfer responsibilities for the Chemical Demilitarization Citizens’ Advisory Commissions in Colorado and Kentucky to the Program Manager for 

Assembled Chemical Weapons Alternatives. 

‘‘(2) In carrying out the responsibilities transferred under paragraph (1), the Program Manager for Assembled Chemical Weapons 

Alternatives shall take appropriate actions to ensure that each 

Commission referred to in paragraph (1) retains the capacity to receive citizen and State concerns regarding the ongoing chemical demilitarization program in the State concerned. 

‘‘(3) A representative of the Office of the Assistant to the Secretary of Defense for Nuclear, Chemical, and Biological Defense 

Programs shall meet with each Commission referred to in paragraph (1) not less often than twice a year. 

‘‘(4) Funds appropriated for the Assembled Chemical Weapons 

Alternatives Program shall be available for travel and associated 

travel costs for Commissioners on the Commissions referred to in 

paragraph (1) when such travel is conducted at the invitation of 

the Special Assistant for Chemical and Biological Defense and 

Chemical Demilitarization Programs of the Department of Defense.’’. 

SEC. 922. COST-BENEFIT ANALYSIS OF FUTURE TREATMENT OF HYDROLYSATE AT PUEBLO CHEMICAL DEPOT, COLORADO. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Pueblo Chemical Agent Destruction Pilot Plant, Colorado, is not planned to begin chemical agent destruction operations until 2015. 

(2) There will be no hydrolysate byproduct of chemical agent 

neutralization at the Pueblo Chemical Depot, Colorado, until 

after chemical agent destruction operations begin. 

(3) The Department of Defense has no plans to produce, 

treat, store, or transport hydrolysate at the Pueblo Chemical 

Depot, Colorado, during fiscal year 2009. 

(4) A January 10, 2007, Department of Defense Acquisition 

Decision Memorandum requires the Program Manager for the 

Assembled Chemical Weapons Alternatives to continue to pursue off-site treatment and disposal of hydrolysate as long as 

doing so would be safe, efficient, and economically beneficial. 

(b) COST-BENEFIT ANALYSIS.—The Secretary of Defense shall perform a cost-benefit analysis of future on-site and off-site options for 

treatment and disposal of hydrolysate expected to be produced at 

the Pueblo Chemical Depot, Colorado. 

(c) REPORT.—Together with the budget justification materials 

submitted to Congress in support of the Department of Defense 

budget for fiscal year 2010 (as submitted with the budget of the 

President under section 1105(a) of title 31, United States Code), 

the Secretary of Defense shall submit to the congressional defense 

committees a report containing the results of the cost-benefit analysis required by subsection (b). 

(d) NOTICE AND WAIT.—After the submission of the report required by subsection (c), if the Secretary of Defense decides to 


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transport hydrolysate from Pueblo Chemical Depot, Colorado, to an 

off-site location during fiscal year 2009, the Department shall not 

commence such transport until 60 days after the Secretary provides 

written notice to the congressional defense committees of the Department’s intent to conduct such transport. 

Subtitle D—Intelligence-Related Matters 

SEC. 931. TECHNICAL CHANGES FOLLOWING THE REDESIGNATION OF 

NATIONAL IMAGERY AND MAPPING AGENCY AS NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY. 

(a) TECHNICAL CHANGES TO UNITED STATES CODE.— 

(1) TITLE 5.—Title 5, United States Code, is amended by 

striking ‘‘National Imagery and Mapping Agency’’ each place it 

appears and inserting ‘‘National Geospatial-Intelligence Agency’’. 

(2) TITLE 44.—Title 44, United States Code, is amended by 

striking ‘‘National Imagery and Mapping Agency’’ each place it 

appears and inserting ‘‘National Geospatial-Intelligence Agency’’. 

(b) TECHNICAL CHANGES TO OTHER ACTS.— 

(1) ETHICS IN GOVERNMENT ACT OF 1978.—Section 105(a)(1) 

of the Ethics in Government Act of 1978 (Public Law 95–521; 

5 U.S.C. App. 4) is amended by striking ‘‘National Imagery and 

Mapping Agency’’ and inserting ‘‘National Geospatial-Intelligence Agency’’. 

(2) INSPECTOR GENERAL ACT OF 1978.—Section 8H of the Inspector General Act of 1978 (Public Law 95–452; 5 U.S.C. 

App.) is amended— 

(A) in subsection (a)(1)(A), by striking ‘‘National Imagery 

and Mapping Agency’’ and inserting ‘‘National GeospatialIntelligence Agency’’; and 

(B) in subsection (g)(1), by striking ‘‘National Imagery 

and Mapping Agency’’ and inserting ‘‘National GeospatialIntelligence Agency’’. 

(3) EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988.—Section 

7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988 

(29 U.S.C. 2006(b)(2)(A)(i)) is amended by striking ‘‘National 

Imagery and Mapping Agency’’ and inserting ‘‘National 

Geospatial-Intelligence Agency’’. 

(4) LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1993.—Section 

207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993 

(Public Law 102–392; 44 U.S.C. 501 note), is amended by striking ‘‘National Imagery and Mapping Agency’’ and inserting 

‘‘National Geospatial-Intelligence Agency’’. 

(5) HOMELAND SECURITY ACT OF 2002.—Section 201(e)(2) of 

the Homeland Security Act of 2002 (6 U.S.C. 121(e)(2)) is 

amended by striking ‘‘National Imagery and Mapping Agency’’ 

and inserting ‘‘National Geospatial-Intelligence Agency’’. 


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SEC. 932. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES 

CODE, ARISING FROM ENACTMENT OF THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 

2004. 

(a) REFERENCES TO HEAD OF INTELLIGENCE COMMUNITY.—Title 

10, United States Code, is amended by striking ‘‘Director of Central 

Intelligence’’ each place it appears and inserting ‘‘Director of National Intelligence’’ in the following: 

(1) Section 193(d)(2). 

(2) Section 193(e). 

(3) Section 201(a). 

(4) Section 201(b)(1). 

(5) Section 201(c)(1). 

(6) Section 425(a). 

(7) Section 431(b)(1). 

(8) Section 441(c). 

(9) Section 441(d). 

(10) Section 443(d). 

(11) Section 2273(b)(1). 

(12) Section 2723(a). 

(b) CLERICAL AMENDMENTS.—Such title is further amended by 

striking ‘‘DIRECTOR OF CENTRAL INTELLIGENCE’’ each place it appears and inserting ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’ in the 

following: 

(1) Section 441(c). 

(2) Section 443(d). 

(c) REFERENCE TO HEAD OF CENTRAL INTELLIGENCE AGENCY.— 

Section 444 of such title is amended by striking ‘‘Director of Central Intelligence’’ each place it appears and inserting ‘‘Director of 

the Central Intelligence Agency’’. 

SEC. 933. TECHNICAL AMENDMENTS RELATING TO THE ASSOCIATE DIRECTOR OF THE CIA FOR MILITARY AFFAIRS. 

Section 528(c) of title 10, United States Code, is amended— 

(1) in the heading, by striking ‘‘MILITARY SUPPORT’’ and inserting ‘‘MILITARY AFFAIRS’’; and 

(2) by striking ‘‘Military Support’’ and inserting ‘‘Military Affairs’’. 

Subtitle E—Other Matters 

SEC. 941. ENHANCEMENT OF AUTHORITIES RELATING TO DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR SECURITY 

STUDIES. 

(a) AVAILABILITY OF FUNDS FOR ACTIVITIES ACROSS FISCAL

YEARS.— 

(1) IN GENERAL.—Section 184(f) of title 10, United States 

Code, is amended by adding at the end the following new paragraph: 

‘‘(6) Funds available to carry out this section, including funds accepted under paragraph (4) and funds available under paragraph 

(5), shall be available, to the extent provided in appropriations 

Acts, for programs and activities under this section that begin in 

a fiscal year and end in the following fiscal year.’’. 


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(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect on October 1, 2008, and shall apply with 

respect to programs and activities under section 184 of title 10, 

United States Code (as so amended), that begin on or after 

that date. 

(b) TEMPORARY WAIVER OF REIMBURSEMENT OF COSTS OF ACTIVI- TIES FOR NONGOVERNMENTAL PERSONNEL.— (1) AUTHORITY FOR TEMPORARY WAIVER.—In fiscal years 2009 

and 2010, the Secretary of Defense may, with the concurrence 

of the Secretary of State, waive reimbursement otherwise required under subsection (f) of section 184 of title 10, United 

States Code, of the costs of activities of Regional Centers under 

such section for personnel of nongovernmental and international organizations who participate in activities of the Regional Centers that enhance cooperation of nongovernmental 

organizations and international organizations with United 

States forces if the Secretary of Defense determines that attendance of such personnel without reimbursement is in the 

national security interests of the United States. 

(2) LIMITATION.—The amount of reimbursement that may be 

waived under paragraph (1) in any fiscal year may not exceed 

$1,000,000. 

(3) ANNUAL REPORT.—The Secretary of Defense shall include 

in the annual report under section 184(h) of title 10, United 

States Code, in 2010 and 2011 information on the attendance 

of personnel of nongovernmental and international organizations in activities of the Regional Centers during the preceding 

fiscal year for which a waiver of reimbursement was made 

under paragraph (1), including information on the costs incurred by the United States for the participation of personnel 

of each nongovernmental or international organization that so 

attended. 

SEC. 942. RESTRICTION ON OBLIGATION OF FUNDS FOR UNITED 

STATES SOUTHERN COMMAND DEVELOPMENT ASSISTANCE ACTIVITIES. 

(a) REPORT AND CERTIFICATION REQUIRED.—Not later than 120 

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

Defense shall submit to the congressional defense committees a report describing the development assistance activities carried out by 

the United States Southern Command during fiscal year 2008 and 

planned for fiscal year 2009 and containing a certification by the 

Secretary that such development assistance activities— 

(1) will not adversely diminish the ability of the United 

States Southern Command or its components to carry out its 

combat or military missions; 

(2) do not divert resources from funded or unfunded requirements of the United States Southern Command in connection 

with the role of the Department of Defense under section 124 

of title 10, United States Code, as the single lead agency of the 

Federal Government for the detection and monitoring of aerial 

and maritime transit of illegal drugs into the United States; 

(3) are not unnecessarily duplicative of activities already conducted or planned to be conducted by any other Federal department or agency during fiscal year 2009; and 


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(4) are designed, planned, and conducted to complement joint 

training and exercises, host-country capacity building, or similar activities directly connected to the responsibilities of the 

United States Southern Command. 

(b) RESTRICTION ON OBLIGATION OF FUNDS PENDING CERTIFI- CATION.—Of the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for 

fiscal year 2009 for operation and maintenance for the United 

States Southern Command, not more than 90 percent may be obligated or expended until 30 days after the certification required by 

subsection (a) is received by the congressional defense committees. 

(c) DEVELOPMENT ASSISTANCE ACTIVITIES DEFINED.—In this section, the term ‘‘development assistance activities’’ means assistance 

activities carried out by the United States Southern Command that 

are comparable to the assistance activities carried out by the 

United States under— 

(1) chapters 1, 10, 11, and 12 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151, 2293, 2295, and 2296 et 

seq.); and 

(2) any other provision of law for purposes comparable to the 

purposes for which assistance activities are carried out under 

the provisions of law referred to in paragraph (1). 

SEC. 943. AUTHORIZATION OF NON-CONVENTIONAL ASSISTED RECOVERY CAPABILITIES. 

(a) NON-CONVENTIONAL ASSISTED RECOVERY CAPABILITIES.— Upon a determination by a commander of a combatant command 

that an action is necessary in connection with a non-conventional 

assisted recovery effort, and with the concurrence of the relevant 

Chief of Mission or Chiefs of Mission, an amount not to exceed 

$20,000,000 of the funds appropriated pursuant to an authorization 

of appropriations or otherwise made available for ‘‘Operation and 

Maintenance, Navy’’ may be used to establish, develop, and maintain non-conventional assisted recovery capabilities. 

(b) PROCEDURES.—The Secretary of Defense shall establish procedures for the exercise of the authority under subsection (a). The 

Secretary shall notify the congressional defense committees of 

those procedures before any exercise of that authority. 

(c) AUTHORIZED ACTIVITIES.—Non-conventional assisted recovery 

capabilities authorized under subsection (a) may, in limited and 

special circumstances, include the provision of support to foreign 

forces, irregular forces, groups, or individuals in order to facilitate 

the recovery of Department of Defense or Coast Guard military or 

civilian personnel, or other individuals who, while conducting activities in support of United States military operations, become separated or isolated and cannot rejoin their units without the assistance authorized in subsection (a). Such support may include the 

provision of limited amounts of equipment, supplies, training, 

transportation, or other logistical support or funding. 

(d) NOTICE TO CONGRESS ON USE OF AUTHORITY.—Upon using 

the authority in subsection (a) to make funds available for support 

of non-conventional assisted recovery activities, the Secretary of 

Defense shall notify the congressional defense committees within 

72 hours of the use of such authority with respect to support of 

such activities. Any such notice shall be in writing. 


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(e) ANNUAL REPORT.—Not later than 30 days after the close of 

each fiscal year during which subsection (a) is in effect, the Secretary of Defense shall submit to the congressional defense committees a report on support provided under that subsection during 

that fiscal year. Each such report shall describe the support provided, including a statement of the recipient of support and the 

amount obligated to provide the support. 

(f) LIMITATION ON INTELLIGENCE ACTIVITIES.—This section does 

not constitute authority to conduct a covert action, as such term is 

defined in section 503(e) of the National Security Act of 1947 (50 

U.S.C. 413b(e)). 

(g) LIMITATION ON FOREIGN ASSISTANCE ACTIVITIES.—This section does not constitute authority— 

(1) to build the capacity of foreign military forces or provide 

security and stabilization assistance, as described in sections 

1206 and 1207 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456 and 

3458), respectively; and 

(2) to provide assistance that is otherwise prohibited by any 

other provision in law, including any provision of law relating 

to the control of exports of defense articles or defense services. 

(h) PERIOD OF AUTHORITY.—The authority under this section is 

in effect during each of the fiscal years 2009 through 2011. 

SEC. 944. REPORT ON HOMELAND DEFENSE AND CIVIL SUPPORT 

ISSUES. 

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

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on certain homeland defense and civil support issues. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) A description of the progress made by the Department of 

Defense to address the concerns related to the United States 

Northern Command identified in the Comptroller General reports GAO–08–251 and GAO–08–252, including improved coordination with other agencies. 

(2) A detailed description of the plans and progress made by 

the Department of Defense to establish forces assigned the 

mission of managing the consequences of an incident in the 

United States homeland involving a chemical, biological, radiological, or nuclear device, or high-yield explosives. 

SEC. 945. 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 Chief of the National Guard Bureau the authorities and resources needed to perform the responsibilities and duties of the 

Chief; and 

(2) assessing the adequacy of Department of Defense funding 

for the resource requirements of the National Guard. 


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(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. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. One-time shift of military retirement payments. 

Sec. 1003. Management of purchase cards. 

Sec. 1004. Codification of recurring authority on United States contributions to the 

North Atlantic Treaty Organization common-funded budgets. 

Sec. 1005. Incorporation of funding decisions into law. 

Subtitle B—Policy Relating to Vessels and Shipyards 

Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas. 

Sec. 1012. Report on repair of naval vessel in foreign shipyards. 

Sec. 1013. Report on plan for disposal of certain vessels stricken from the Naval 

Vessel Register. 

Sec. 1014. Reimbursement of expenses for certain Navy mess operations. 

Sec. 1015. Policy relating to major combatant vessels of the strike forces of the 

United States Navy. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension of reporting requirement regarding Department of Defense expenditures to support foreign counter-drug activities. 

Sec. 1022. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. 

Sec. 1023. Extension of authority to support unified counter-drug and 

counterterrorism campaign in Colombia and continuation of numerical 

limitation on assignment of United States personnel. 

Sec. 1024. Expansion and extension of authority to provide additional support for 

counter-drug activities of certain foreign governments. 

Sec. 1025. Comprehensive Department of Defense strategy for counter-narcotics efforts for United States Africa Command. 

Sec. 1026. Comprehensive Department of Defense strategy for counter-narcotics efforts in South and Central Asian regions. 

Subtitle D—Miscellaneous Authorities and Limitations 

Sec. 1031. Enhancement of the capacity of the United States Government to conduct complex operations. 

Sec. 1032. Crediting of admiralty claim receipts for damage to property funded 

from a Department of Defense working capital fund. 

Sec. 1033. Minimum annual purchase requirements for charter air transportation 

services from carriers participating in the Civil Reserve Air Fleet. 

Sec. 1034. Semi-annual reports on status of Navy Next Generation Enterprise Networks program. 

Sec. 1035. Sense of Congress on nuclear weapons management. 

Sec. 1036. Sense of Congress on joint Department of Defense-Federal Aviation Administration executive committee on conflict and dispute resolution. 

Sec. 1037. Sense of Congress on sale of new outsize cargo, strategic airlift aircraft 

for civilian use. 

Subtitle E—Studies and Reports 

Sec. 1041. Report on corrosion control and prevention. 

Sec. 1042. Study on using Modular Airborne Fire Fighting Systems (MAFFS) in a 

Federal response to wildfires. 

Sec. 1043. Study on rotorcraft survivability. 

Sec. 1044. Report on nuclear weapons. 

Sec. 1045. Report on compliance by Department of Defense with Guam tax and licensing laws. 

Sec. 1046. Report on detention operations in Iraq. 


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Sec. 1047. Review of bandwidth capacity requirements of the Department of Defense and the intelligence community. 

Sec. 1048. Review of findings and recommendations applicable to the Department 

of Defense regarding electromagnetic pulse attack. 

Subtitle F—Other Matters 

Sec. 1051. Additional information under annual submissions of information regarding information technology capital assets. 

Sec. 1052. Submission to Congress of revision to regulation on enemy prisoners of 

war, retained personnel, civilian internees, and other detainees. 

Sec. 1053. Barnegat Inlet to Little Egg Inlet, New Jersey. 

Sec. 1054. Standing advisory panel on improving coordination among the Department of Defense, the Department of State, and the United States Agency for International Development on matters of national security. 

Sec. 1055. Reports on strategic communication and public diplomacy activities of 

the Federal Government. 

Sec. 1056. Prohibitions relating to propaganda. 

Sec. 1057. Sense of Congress on interrogation of detainees by contractor personnel. 

Sec. 1058. Sense of Congress with respect to videotaping or otherwise electronically 

recording strategic intelligence interrogations of persons in the custody 

of or under the effective control of the Department of Defense. 

Sec. 1059. Modification of deadlines for standards required for entry to military installations in the United States. 

Sec. 1060. Extension of certain dates for Congressional Commission on the Strategic Posture of the United States. 

Sec. 1061. Technical and clerical amendments. 

Sec. 1062. Notification of Committees on Armed Services with respect to certain 

nonproliferation and proliferation activities. 

Sec. 1063. Assessment of security measures at consolidated center for North American Aerospace Defense Command and United States Northern Command. 

Subtitle A—Financial Matters 

SEC. 1001. GENERAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of Defense that such action is necessary in the national interest, the 

Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal 

year 2009 between any such authorizations for that fiscal year 

(or any subdivisions thereof). Amounts of authorizations so 

transferred shall be merged with and be available for the same 

purposes as the authorization to which transferred. 

(2) LIMITATION.—Except as provided in paragraph (3), the 

total amount of authorizations that the Secretary may transfer 

under the authority of this section may not exceed 

$4,200,000,000. 

(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL

AUTHORIZATIONS.—A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). 

(b) LIMITATIONS.—The authority provided by this section to 

transfer authorizations— 

(1) may only be used to provide authority for items that have 

a higher priority than the items from which authority is transferred; and 

(2) may not be used to provide authority for an item that has 

been denied authorization by Congress. 


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(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made from 

one account to another under the authority of this section shall be 

deemed to increase the amount authorized for the account to which 

the amount is transferred by an amount equal to the amount 

transferred. 

(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 

Congress of each transfer made under subsection (a). 

SEC. 1002. ONE-TIME SHIFT OF MILITARY RETIREMENT PAYMENTS. 

(a) REDUCTION OF PAYMENTS.—Notwithstanding any other provision of law, any amounts that would otherwise be payable from the 

fund to individuals for the month of August 2013 (with disbursements scheduled for September 2013) shall be reduced by 1 percent. 

(b) REVERSION.—Beginning on September 1, 2013 (with disbursements beginning in October 2013), amounts payable to individuals 

from the fund shall revert back to amounts as specified in law as 

if the reduction in subsection (a) did not take place. 

(c) REFUND.—Any individual who has a payment reduced under 

subsection (a) shall receive a one-time payment, from the fund, in 

an amount equal to the amount of such reduction. This one-time 

payment shall be included with disbursements from the fund 

scheduled for October 2013. 

(d) FUND.—In this section, the term ‘‘fund’’ refers to the Department of Defense Military Retirement Fund established by section 

1461 of title 10, United States Code. 

(e) TRANSFER.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall transfer 

$40,000,000 from the unobligated balances of the National Defense 

Stockpile Transaction Fund to the Miscellaneous Receipts Fund of 

the United States Treasury to offset estimated costs arising from 

section 702 and the amendments made by such section. 

SEC. 1003. MANAGEMENT OF PURCHASE CARDS. 

(a) PENALTIES FOR VIOLATIONS.—Section 2784(c)(1) of title 10, 

United States Code, is amended by striking ‘‘(1) provide for’’ and 

inserting the following: 

‘‘(1) provide— 

‘‘(A) for the reimbursement of charges for unauthorized 

or erroneous purchases, in appropriate cases; and 

‘‘(B) for’’. 

(b) REQUIRED REPORT.—Not later than 270 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report detailing actions to be taken by the Department of Defense to implement the recommendations of the 

Government Accountability Office in its report titled ‘‘Actions Needed to Strengthen Internal Controls to Reduce Fraudulent, Improper, and Abusive Purchases’’ (GAO–08–333) to improve safeguards and internal controls on the use of agency purchase cards. 

SEC. 1004. CODIFICATION OF RECURRING AUTHORITY ON UNITED 

STATES CONTRIBUTIONS TO THE NORTH ATLANTIC TREATY ORGANIZATION COMMON-FUNDED BUDGETS. 

(a) CODIFICATION OF AUTHORITY.— 


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(1) IN GENERAL.—Subchapter II of chapter 134 of title 10, 

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

‘‘§ 2263. United States contributions to the North Atlantic 

Treaty Organization common-funded budgets 

‘‘(a) IN GENERAL.—The total amount contributed by the Secretary 

of Defense in any fiscal year for the common-funded budgets of 

NATO may be an amount in excess of the maximum amount that 

would otherwise be applicable to those contributions in such fiscal 

year under the fiscal year 1998 baseline limitation. 

‘‘(b) REPORTS.—(1) Not later than October 30 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the contributions made by the Secretary to the 

common-funded budgets of NATO in the preceding fiscal year. 

‘‘(2) Each report under paragraph (1) shall include, for the fiscal 

year covered by such report, the following: 

‘‘(A) The amounts contributed by the Secretary to each of the 

separate budgets and programs of the North Atlantic Treaty 

Organization under the common-funded budgets of NATO. 

‘‘(B) For each budget and program to which the Secretary 

made such a contribution, the percentage of such budget or 

program during the fiscal year that such contribution represented. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) COMMON-FUNDED BUDGETS OF NATO.—The term ‘common-funded budgets of NATO’ means the Military Budget, the 

Security Investment Program, and the Civil Budget of the 

North Atlantic Treaty Organization (and any successor or additional account or program of NATO). 

‘‘(2) FISCAL YEAR 1998 BASELINE LIMITATION.—The term ‘fiscal 

year 1998 baseline limitation’ means the maximum annual 

amount of Department of Defense contributions for commonfunded budgets of NATO that is set forth as the annual limitation in section 3(2)(C)(ii) of the resolution of the Senate giving 

the advice and consent of the Senate to the ratification of the 

Protocols to the North Atlantic Treaty of 1949 on the Accession 

of Poland, Hungary, and the Czech Republic (as defined in section 4(7) of that resolution), approved by the Senate on April 

30, 1998.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter II of chapter 134 of such title is amended by adding at the end the following new item: 

‘‘2263. United States contributions to the North Atlantic Treaty Organization common-funded budgets.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2008, and shall apply to fiscal years 

that begin on or after that date. 

SEC. 1005. INCORPORATION OF FUNDING DECISIONS INTO LAW. 

(a) AMOUNTS SPECIFIED IN JOINT EXPLANATORY STATEMENT ARE

AUTHORIZED BY LAW.—Wherever a funding table in the Joint Explanatory Statement which is to be printed in the Congressional 

Record on or about September 23, 2008, to explain the Duncan 


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Hunter National Defense Authorization Act for Fiscal Year 2009 

specifies a dollar amount for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the indicated project, program, or activity is hereby authorized by law to 

be carried out to the same extent as if included in the text of the 

Act, subject to the availability of appropriations. 

(b) MERIT-BASED DECISIONS.—Decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the 

basis of dollar amount authorized pursuant to subsection (a) shall 

be based on authorized, transparent, statutory criteria, or meritbased selection procedures in accordance with the requirements of 

sections 2304(k) and 2374 of title 10, United States Code, and other 

applicable provisions of law. 

(c) RELATIONSHIP TO TRANSFER AND REPROGRAMMING AUTHORITY.—This section does not prevent an amount covered by this section from being transferred or reprogrammed under a transfer or 

reprogramming authority provided by another provision of this Act 

or by other law. The transfer or reprogramming of an amount incorporated into the Act by this section shall not count against a 

ceiling on such transfers or reprogrammings under section 1001 of 

this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts. 

(d) APPLICABILITY TO CLASSIFIED ANNEX.—This section applies to 

any classified annex to the Joint Explanatory Statement referred 

to in subsection (a). 

(e) ORAL AND WRITTEN COMMUNICATION.—No oral or written 

communication concerning any amount specified in the Joint Explanatory Statement referred to in subsection (a) shall supersede 

the requirements of this section. 

Subtitle B—Policy Relating to Vessels and 

Shipyards 

SEC. 1011. CONVEYANCE, NAVY DRYDOCK, ARANSAS PASS, TEXAS. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy is authorized to convey the floating drydock AFDL–23, located in Aransas Pass, Texas, to Gulf Copper Ship Repair, that company being 

the current lessee of the drydock. 

(b) CONDITION OF CONVEYANCE.—The Secretary shall require as 

a condition of the conveyance under subsection (a) that the drydock 

remain at the facilities of Gulf Copper Ship Repair, at Aransas 

Pass, Texas, until at least September 30, 2010. 

(c) CONSIDERATION.—As consideration for the conveyance of the 

drydock under subsection (a), the purchaser shall provide compensation to the United States the value of which, as determined 

by the Secretary, is equal to the fair market value of the drydock, 

as determined by the Secretary. The Secretary shall take into account amounts paid by, or due and owing from, the lessee. 

(d) TRANSFER AT NO COST TO UNITED STATES.—The provisions of 

section 7306(c) of title 10, United States Code, shall apply to the 

conveyance under this section. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the 


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conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 1012. REPORT ON REPAIR OF NAVAL VESSEL IN FOREIGN SHIPYARDS. 

Section 7310 of title 10, United States Code, is amended by adding at the end the following new subsection: 

‘‘(c) REPORT.—(1) The Secretary of the Navy shall submit to Congress each year, at the time that the President’s budget is submitted to Congress that year under section 1105(a) of title 31, a report listing all repairs and maintenance performed on any covered 

naval vessel that has undergone work for the repair of the vessel 

in any shipyard outside the United States or Guam (in this section 

referred to as a ‘foreign shipyard’) during the fiscal year preceding 

the fiscal year in which the report is submitted. 

‘‘(2) The report shall include the percentage of the annual ship 

repair budget of the Navy that was spent on repair of covered 

naval vessels in foreign shipyards during the fiscal year covered by 

the report. 

‘‘(3) The report also shall include the following with respect to 

each covered naval vessel: 

‘‘(A) The justification under law for the repair in a foreign 

shipyard. 

‘‘(B) The name and class of vessel repaired. 

‘‘(C) The category of repair and whether the repair qualified 

as voyage repair as defined in Commander Military Sealift 

Command Instruction 4700.15C (September 13, 2007) or Joint 

Fleet Maintenance Manual (Commander Fleet Forces Command Instruction 4790.3 Revision A, Change 7), Volume III. 

Scheduled availabilities are to be considered as a composite 

and reported as a single entity without individual repair and 

maintenance items listed separately. 

‘‘(D) The shipyard where the repair work was carried out. 

‘‘(E) The number of days the vessel was in port for repair. 

‘‘(F) The cost of the repair and the amount (if any) that the 

cost of the repair was less than or greater than the cost of the 

repair provided for in the contract. 

‘‘(G) The schedule for repair, the amount of work accomplished (stated in terms of work days), whether the repair was 

accomplished on schedule, and, if not so accomplished, the reason for the schedule over-run. 

‘‘(H) The homeport or location of the vessel prior to its voyage for repair. 

‘‘(I) Whether the repair was performed under a contract 

awarded through the use of competitive procedures or procedures other than competitive procedures. 

‘‘(4) In this subsection, the term ‘covered naval vessel’ means any 

of the following: 

‘‘(A) A naval vessel. 

‘‘(B) Any other vessel under the jurisdiction of the Secretary 

of the Navy.’’. 

SEC. 1013. REPORT ON PLAN FOR DISPOSAL OF CERTAIN VESSELS 

STRICKEN FROM THE NAVAL VESSEL REGISTER. 

Not later than 180 days after the date of the enactment of this 

Act, the Secretary of the Navy, in consultation with the AdminisVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00266 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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trator of the Maritime Administration, shall submit to the congressional defense committees a report containing— 

(1) a plan for the sale and disposal of each vessel over 50,000 

tons light ship displacement stricken from the Naval Vessel 

Register but not yet disposed of by the Navy or the Maritime 

Administration; and 

(2) the estimated contribution to the domestic market for 

steel and other metals that might be made from the scrapping 

of such vessels. 

SEC. 1014. REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS 

OPERATIONS. 

(a) AUTHORITY FOR PAYMENT.—Of the amounts appropriated for 

operation and maintenance for the Navy, not more that $1,000,000 

may be used to pay the charge established under section 1011 of 

title 37, United States Code, for meals sold by messes for United 

States Navy and Naval Auxiliary vessels to the following: 

(1) Members of nongovernmental organizations and officers 

or employees of host and foreign nations when participating in 

or providing support to United States civil-military operations. 

(2) Foreign national patients treated on Naval vessels during 

the conduct of United States civil-military operations, and 

their escorts. 

(b) EXPIRATION OF AUTHORITY.—The authority to pay for meals 

under subsection (a) shall expire on September 30, 2010. 

(c) REPORT.—Not later than March 31 of each year during which 

the authority to pay for meals under subsection (a) is in effect, the 

Secretary of Defense shall submit to Congress a report on the use 

of such authority. 

SEC. 1015. POLICY RELATING TO MAJOR COMBATANT VESSELS OF 

THE STRIKE FORCES OF THE UNITED STATES NAVY. 

Section 1012(c)(1) of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181) is amended by adding at 

the end the following: 

‘‘(D) Amphibious assault ships, including dock landing 

ships (LSD), amphibious transport–dock ships (LPD), helicopter assault ships (LHA/LHD), and amphibious command ships (LCC), if such vessels exceed 15,000 dead 

weight ton light ship displacement.’’. 

Subtitle C—Counter-Drug Activities 

SEC. 1021. EXTENSION OF REPORTING REQUIREMENT REGARDING DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT 

FOREIGN COUNTER-DRUG ACTIVITIES. 

Section 1022(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 

106–398; 114 Stat. 1654A–255), as most recently amended by section 1024 of the John Warner National Defense Authorization Act 

for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2383), is further amended by striking ‘‘and February 15, 2008’’ and inserting 

‘‘February 15, 2008, and February 15, 2009’’. 


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SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO 

PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES 

CONDUCTING COUNTER-TERRORISM ACTIVITIES. 

Section 1022(b) of the National Defense Authorization Act for 

Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 371 note), as 

amended by section 1021 of the National Defense Authorization Act 

for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 304), is 

amended by striking ‘‘2008’’ and inserting ‘‘2009’’. 

SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED 

COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN 

COLOMBIA AND CONTINUATION OF NUMERICAL LIMITATION ON ASSIGNMENT OF UNITED STATES PERSONNEL. 

Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

2042), as amended by section 1023 of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 

364; 120 Stat. 2382), is further amended— 

(1) in subsection (a), by striking ‘‘2008’’ and inserting ‘‘2009’’; 

and 

(2) in subsection (c), by striking ‘‘2008’’ and inserting ‘‘2009’’. 

SEC. 1024. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE 

ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES 

OF CERTAIN FOREIGN GOVERNMENTS. 

(a) EXTENSION OF AUTHORITY.—Subsection (a)(2) of section 1033 

of the National Defense Authorization Act for Fiscal Year 1998 

(Public Law 105–85; 111 Stat. 1881), as amended by section 1021 

of the National Defense Authorization Act for Fiscal Year 2004 

(Public Law 108–136, 117 Stat. 1593), section 1022 of the John 

Warner National Defense Authorization Act for Fiscal Year 2007 

(Public Law 109–364; 120 Stat. 2137), and section 1022 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 

110–181; 122 Stat. 304), is further amended by striking ‘‘2008’’ and 

inserting ‘‘2009’’. 

(b) ADDITIONAL GOVERNMENTS ELIGIBLE TO RECEIVE SUPPORT.— Subsection (b) of such section is amended by adding at the end the 

following new paragraphs: 

‘‘(19) The Government of Guinea-Bissau. 

‘‘(20) The Government of Senegal. 

‘‘(21) The Government of El Salvador. 

‘‘(22) The Government of Honduras.’’. 

(c) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Subsection (e)(2) of 

such section is amended— 

(1) by striking ‘‘or’’ after ‘‘2006,’’; and 

(2) by striking the period at the end and inserting ‘‘, or 

$75,000,000 during fiscal year 2009.’’. 

(d) CONDITION ON PROVISION OF SUPPORT.—Subsection (f) of such 

section is amended— 

(1) in paragraph (2), by inserting after ‘‘In the case of’’ the 

following: ‘‘funds appropriated for fiscal year 2009 to carry out 

this section and’’; and 

(2) in paragraph (4)(B), by striking ‘‘Committee on International Relations’’ and inserting ‘‘Committee on Foreign Affairs’’. 

(e) COUNTER-DRUG PLAN.—Subsection (h) of such section is 

amended— 


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(1) in the matter preceding paragraph (1), by striking ‘‘fiscal 

year 2004’’ and inserting ‘‘fiscal year 2009’’; and 

(2) in subparagraph (7), by striking ‘‘For the first fiscal year’’ 

and inserting ‘‘For fiscal year 2009, and thereafter, for the first 

fiscal year’’. 

SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY 

FOR COUNTER-NARCOTICS EFFORTS FOR UNITED STATES 

AFRICA COMMAND. 

(a) REPORT REQUIRED.—Not later than June 30, 2009, the Secretary of Defense shall submit to the congressional defense committees a comprehensive strategy of the Department of the Defense 

with regard to counter-narcotics efforts in Africa, with an emphasis 

on West Africa and the Maghreb. The Secretary of Defense shall 

prepare the strategy in consultation with the Secretary of State. 

(b) MATTERS TO BE INCLUDED.—The comprehensive strategy 

shall consist of a general overview and a separate detailed section 

for each of the following: 

(1) A description of the overall United States counter-narcotics policy for Africa. 

(2) The roles and missions of the Department of Defense in 

support of the overall United States counter-narcotics policy for 

Africa. 

(3) The priorities for the Department of Defense to meet programmatic objectives one-year, three-years, and five-years after 

the end of fiscal year 2009, including a description of the expected allocation of resources of the Department of Defense to 

accomplish these priorities. 

(4) The efforts of the Secretary of Defense to coordinate the 

Department of Defense counter-narcotics activities in Africa 

with Department of Defense building capacity programs, including programs carried out under the authority of the Secretary under section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 

3456). 

(5) The efforts to coordinate the counter-narcotics activities 

of the Department of Defense with the counter-narcotics activities of the governments eligible to receive support under section 1033 of the National Defense Authorization Act for Fiscal 

Year 1998 (Public Law 105–85; 111 Stat. 1881) and the 

counter-narcotics activities in Africa of European countries and 

other international and regional partners. 

(c) PLANS.—The comprehensive strategy shall also include the 

following plans: 

(1) A detailed and comprehensive plan to utilize the capabilities and assets of the combatant commands that geographically 

surround the United States Africa Command for the counternarcotics efforts and activities of the United States Africa Command on a temporary basis until the United States Africa 

Command develops its own commensurate capabilities and assets, including in the plan a description of what measures will 

be taken to effectuate the transition of the missions. 

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cant narcotics-trafficking challenges, to increase the effectiveness of the counter-narcotics activities of the Department of 

Defense and its international and regional partners. 

SEC. 1026. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY 

FOR COUNTER-NARCOTICS EFFORTS IN SOUTH AND CENTRAL ASIAN REGIONS. 

(a) REPORT REQUIRED.—Not later than June 30, 2009, the Secretary of Defense shall submit to the congressional defense committees a comprehensive strategy of the Department of the Defense 

with regard to counter-narcotics efforts in the South and Central 

Asian regions, including the countries of Afghanistan, 

Turkmenistan, Tajikistan, Kyrgyzstan, Kazakhstan, Pakistan, and 

India, as well as the countries of Armenia, Azerbaijan, and China. 

(b) MATTERS TO BE INCLUDED.—The comprehensive strategy 

shall consist of a general overview and a separate detailed section 

for each of the following: 

(1) The roles and missions of the Department of Defense in 

support of the overall United States counter-narcotics policy for 

countries of the South and Central Asian regions and the other 

countries specified in subsection (a). 

(2) The priorities for the Department of Defense to meet programmatic objectives for fiscal year 2010, including a description of the expected allocation of resources of the Department 

of Defense to accomplish these priorities. 

(3) The ongoing and planned counter-narcotics activities 

funded by the Department of Defense for such regions and 

countries. 

(4) The efforts to coordinate the counter-narcotics activities 

of the Department of Defense with the counter-narcotics activities of such regions and countries and the counter-narcotics activities of other international partners in such regions and 

countries. 

(5) The specific metrics used by the Department of Defense 

to evaluate progress of activities to reduce the production and 

trafficking of illicit narcotics in such regions and countries. 

Subtitle D—Miscellaneous Authorities and 

Limitations 

SEC. 1031. ENHANCEMENT OF THE CAPACITY OF THE UNITED STATES 

GOVERNMENT TO CONDUCT COMPLEX OPERATIONS. 

(a) IN GENERAL.—Chapter 20 of title 10, United States Code, is 

amended by adding at the end the following new section: 

‘‘§ 409. Center for Complex Operations 

‘‘(a) CENTER AUTHORIZED.—The Secretary of Defense may establish a center to be known as the ‘Center for Complex Operations’ 

(in this section referred to as the ‘Center’). 

‘‘(b) PURPOSES.—The purposes of the Center established under 

subsection (a) shall be the following: 

‘‘(1) To provide for effective coordination in the preparation 

of Department of Defense personnel and other United States 

Government personnel for complex operations. 


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‘‘(2) To foster unity of effort during complex operations 

among— 

‘‘(A) the departments and agencies of the United States 

Government; 

‘‘(B) foreign governments and militaries; 

‘‘(C) international organizations and international nongovernmental organizations; and 

‘‘(D) domestic nongovernmental organizations. 

‘‘(3) To conduct research; collect, analyze, and distribute lessons learned; and compile best practices in matters relating to 

complex operations. 

‘‘(4) To identify gaps in the education and training of Department of Defense personnel, and other relevant United States 

Government personnel, relating to complex operations, and to 

facilitate efforts to fill such gaps. 

‘‘(c) CONCURRENCE OF THE SECRETARY OF STATE.—The Secretary 

of Defense shall seek the concurrence of the Secretary of State to 

the extent the efforts and activities of the Center involve the entities referred to in subparagraphs (B) and (C) of subsection (b)(2). 

‘‘(d) SUPPORT FROM OTHER UNITED STATES GOVERNMENT DE- PARTMENTS OR AGENCIES.—The head of any non-Department of Defense department or agency of the United States Government 

may— 

‘‘(1) provide to the Secretary of Defense services, including 

personnel support, to support the operations of the Center; and 

‘‘(2) transfer funds to the Secretary of Defense to support the 

operations of the Center. 

‘‘(e) ACCEPTANCE OF GIFTS AND DONATIONS.—(1) Subject to paragraph (3), the Secretary of Defense may accept from any source 

specified in paragraph (2) any gift or donation for purposes of defraying the costs or enhancing the operations of the Center. 

‘‘(2) The sources specified in this paragraph are the following: 

‘‘(A) The government of a State or a political subdivision of 

a State. 

‘‘(B) The government of a foreign country. 

‘‘(C) A foundation or other charitable organization, including 

a foundation or charitable organization that is organized or operates under the laws of a foreign country. 

‘‘(D) Any source in the private sector of the United States or 

a foreign country. 

‘‘(3) The Secretary may not accept a gift or donation under this 

subsection if acceptance of the gift or donation would compromise 

or appear to compromise— 

‘‘(A) the ability of the Department of Defense, any employee 

of the Department, or any member of the armed forces to carry 

out the responsibility or duty of the Department in a fair and 

objective manner; or 

‘‘(B) the integrity of any program of the Department or of 

any person involved in such a program. 

‘‘(4) The Secretary shall provide written guidance setting forth 

the criteria to be used in determining the applicability of paragraph (3) to any proposed gift or donation under this subsection. 

‘‘(f) CREDITING OF FUNDS TRANSFERRED OR ACCEPTED.—Funds 

transferred to or accepted by the Secretary of Defense under this 


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section shall be credited to appropriations available to the Department of Defense for the Center, and shall be available for the same 

purposes, and subject to the same conditions and limitations, as 

the appropriations with which merged. Any funds so transferred or 

accepted shall remain available until expended. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) The term ‘complex operation’ means an operation as follows: 

‘‘(A) A stability operation. 

‘‘(B) A security operation. 

‘‘(C) A transition and reconstruction operation. 

‘‘(D) A counterinsurgency operation. 

‘‘(E) An operation consisting of irregular warfare. 

‘‘(2) The term ‘gift or donation’ means any gift or donation 

of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 20 of such title is amended by adding at the end 

the following new item: 

‘‘409. Center for Complex Operations.’’. 

SEC. 1032. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE 

TO PROPERTY FUNDED FROM A DEPARTMENT OF DEFENSE WORKING CAPITAL FUND. 

Section 7623(b) of title 10, United States Code, is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

(2) in paragraph (1), as so designated, by striking the last 

sentence; and 

(3) by adding at the end the following new paragraph: 

‘‘(2)(A) Except as provided in subparagraph (B), amounts received 

under this section shall be covered into the Treasury as miscellaneous receipts. 

‘‘(B) Amounts received under this section for damage or loss to 

property operated and maintained with funds from a Department 

of Defense working capital fund or account shall be credited to that 

fund or account.’’. 

SEC. 1033. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR CHARTER AIR TRANSPORTATION SERVICES FROM CARRIERS 

PARTICIPATING IN THE CIVIL RESERVE AIR FLEET. 

(a) IN GENERAL.—Chapter 931 of title 10, United States Code, is 

amended by adding at the end the following new section: 

‘‘§ 9515. Charter air transportation services: minimum annual purchase amount for carriers participating in 

Civil Reserve Air Fleet 

‘‘(a) IN GENERAL.—The Secretary of Defense shall take steps to— 

‘‘(1) improve the predictability in Department of Defense 

charter requirements; 

‘‘(2) strengthen Civil Reserve Airlift Fleet participation to assure adequate capacity is available to meet steady-state, surge 

and mobilization requirements; and 

‘‘(3) provide incentives for commercial air passenger carriers 

to provide newer, more efficient and reliable aircraft for DeVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00272 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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partment of Defense service rather than older, fully depreciated aircraft. 

‘‘(b) CONSIDERATION OF RECOMMENDATIONS.—In carrying out 

subsection (a), the Secretary of Defense shall consider the recommendations on courses of action for the Civil Reserve Air Fleet 

as outlined in the report required by Section 356 of the National 

Defense Authorization Act for 2008 (Public Law 110–181). 

‘‘(c) CONTRACTS FOR CHARTER AIR TRANSPORTATION SERVICES.— The Secretary of Defense may award to an air carrier or an air carrier contractor team arrangement participating in the Civil Reserve 

Air Fleet on a fiscal year basis a one-year contract for charter air 

transportation services with a minimum purchase amount under 

such contract determined in accordance with this section. 

‘‘(d) ELIGIBLE CHARTER AIR TRANSPORTATION CARRIERS.—In 

order to be eligible for payments under the minimum purchase 

amount provided by this section, an air carrier (or any air carrier 

participating in an air carrier contractor team arrangement)— 

‘‘(1) if under contract with the Department of Defense in the 

prior fiscal year, shall have an average on-time pick up rate, 

based on factors within such air carrier’s control, of at least 90 

percent; 

‘‘(2) shall offer such amount of commitment to the Civil Reserve Air Fleet in excess of the minimum required for participation in the Civil Reserve Air Fleet as the Secretary of Defense shall specify for purposes of this section; and 

‘‘(3) may not have refused a Department of Defense request 

to act as a host for other Civil Reserve Air Fleet carriers at intermediate staging bases during the prior fiscal year. 

‘‘(e) AGGREGATE MINIMUM PURCHASE AMOUNT.—(1) The aggregate amount of the minimum purchase amount for all contracts 

awarded under subsection (c) for a fiscal year shall be based on 

forecast needs, but may not exceed the amount equal to 80 percent 

of the average annual expenditure of the Department of Defense 

for charter air transportation services during the five-fiscal year 

period ending in the fiscal year before the fiscal year for which 

such contracts are awarded. 

‘‘(2) In calculating the average annual expenditure of the Department of Defense for charter air transportation services for purposes 

of paragraph (1), the Secretary of Defense shall omit from the calculation any fiscal year exhibiting unusually high demand for charter air transportation services if the Secretary determines that the 

omission of such fiscal year from the calculation will result in a 

more accurate forecast of anticipated charter air transportation 

services for purposes of that paragraph. 

‘‘(f) ALLOCATION OF MINIMUM PURCHASE AMONG CHARTER AIR

TRANSPORTATION CONTRACTS.—(1) The aggregate amount of the 

minimum purchase amount for all contracts awarded under subsection (c) for a fiscal year, as determined under subsection (e), 

shall be allocated among all air carriers and air carrier contractor 

team arrangements awarded contracts under subsection (c) for 

such fiscal year in proportion to the commitments of such carriers 

to the Civil Reserve Air Fleet for such fiscal year. 

‘‘(2) In determining the minimum purchase amount payable 

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ter air transportation services provided by an air carrier or air carrier contractor team arrangement during the fiscal year covered by 

such contract, the Secretary of Defense may adjust the amount allocated to such carrier or arrangement under paragraph (2) to take 

into account periods during such fiscal year when charter air transportation services of such carrier or a carrier in such arrangement 

are unavailable for usage by the Department of Defense, including 

during periods of refused business or suspended operations or when 

such carrier is placed in nonuse status pursuant to section 2640 of 

this title for safety reasons. 

‘‘(g) DISTRIBUTION OF AMOUNTS.—If any amount available under 

this section for the minimum purchase of charter air transportation 

services from a carrier or air carrier contractor team arrangement 

for a fiscal year under a contract under subsection (c) is not utilized to purchase charter air transportation services from the carrier or arrangement in such fiscal year, such amount shall be provided to the carrier or arrangement before the first day of the following fiscal year. 

‘‘(h) COMMITMENT OF FUNDS.—(1) The Secretary of each military 

department shall transfer to the transportation working capital 

fund a percentage of the total amount anticipated to be required 

in such fiscal year for the payment of minimum purchase amounts 

under all contracts awarded under subsection (c) for such fiscal 

year equivalent to the percentage of the anticipated use of charter 

air transportation services by such military department during 

such fiscal year from all carriers under contracts awarded under 

subsection (c) for such fiscal year. 

‘‘(2) Any amounts required to be transferred under paragraph (1) 

shall be transferred by the last day of the fiscal year concerned to 

meet the requirements of subsection (g) unless minimum purchase 

amounts have already been distributed by the Secretary of Defense 

under subsection (g) as of that date. 

‘‘(i) AVAILABILITY OF AIRLIFT SERVICES.—(1) From the total 

amount of charter air transportation services available for a fiscal 

year under all contracts awarded under subsection (c) for such fiscal year, a military department shall be entitled to obtain a percentage of such services equal to the percentage of the contribution 

of the military department to the transportation working capital 

fund for such fiscal year under subsection (h). 

‘‘(2) A military department may transfer any entitlement to charter air transportation services under paragraph (1) to any other 

military department or to any other agency, element, or component 

of the Department of Defense. 

‘‘(j) DEFINITION.—In this section, the term ‘charter air transportation’ has the meaning given such term in section 40102(14) of 

title 49, United States Code, except that it only means such transportation for which the Secretary of Defense has entered into a 

contract for the purpose of passenger travel. 

‘‘(k) SUNSET.—The authorities in this section shall expire on December 31, 2015.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 941 of such title is amended by adding at the end 

the following new item: 


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‘‘9515. Charter air transportation services: minimum annual purchase amount for 

carriers participating in Civil Reserve Air Fleet.’’. 

(c) REPORT TO CONGRESS; LIMITATION ON EXERCISE OF AUTHOR- ITY.— (1) REPORT.—The Secretary of Defense shall submit to the 

congressional defense committees a written report on the actions taken under subsections (a) and (b) of section 9515 of 

title 10, United States Code, as added by subsection (a), along 

with the anticipated risks and benefits of such actions. 

(2) LIMITATION.—No authority under subsections (c) through 

(I) of such section may be implemented until 30 days after the 

date on which the Secretary submits the report required under 

paragraph (1). 

SEC. 1034. SEMI-ANNUAL REPORTS ON STATUS OF NAVY NEXT GENERATION ENTERPRISE NETWORKS PROGRAM. 

(a) SEMI-ANNUAL REPORTS REQUIRED.—The Secretary of Defense 

shall submit to the congressional defense committees semi-annual 

reports on the status of the development, testing, and deployment 

of the Navy Next Generation Enterprise Networks program and 

the transition of the capabilities provided by the Navy Marine 

Corps Intranet program to the Next Generation Enterprise Networks program. Each such report shall cover such status during 

the two fiscal quarters preceding the fiscal quarter in which the report is submitted. 

(b) COORDINATION.—The Secretary of Defense shall develop each 

of the semi-annual reports required under subsection (a) in coordination with the Secretary of the Navy, the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Networks and Information Integration, and 

the Director of Operational Test and Evaluation. 

(c) CONTENTS OF REPORTS.—Each of the reports required under 

subsection (a) shall address the following matters for the period 

covered by the report: 

(1) For each Next Generation Enterprise Networks contract 

entered into by the Secretary of Defense— 

(A) the metrics used for quantitatively measuring the 

performance of the entity with which the Secretary has entered into the contract and, based on such metrics, an assessment of the performance of such entity during such period; 

(B) the qualitative measures used to assess the performance of such entity and, based on such qualitative measures, an assessment of the performance of such entity during such period; 

(C) the mechanisms for providing incentives to improve 

the performance of such entity, the processes for determining incentive payments, and the use of incentive payments made during such period; and 

(D) the mechanisms for penalizing such entity for poor 

performance, the processes for determining penalties, and 

the use of such penalties during such period. 

(2) Any progress made during such period to transition information technology services from the Navy Marine Corps 

Intranet program to the Next Generation Enterprise Networks 


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program, including the transfer of intellectual property and infrastructure, and a description of contracting mechanisms used 

to facilitate such transition and the provision of services related to such transition. 

(3) An assessment of any issues arising during such period 

that relate to the valuation and ownership of intellectual property and infrastructure in the Navy Marine Corps Intranet 

program. 

(4) Any activities carried out by the Next Generation Enterprise Networks Governance Board to resolve issues related to 

the Next Generation Enterprise Network program. 

(5) An assessment of the operational effectiveness and suitability of the Next Generation Enterprise Networks program 

during such period based on testing activities and other assessments. 

(6) A description of the information security and information 

assurance posture and performance of the Next Generation Enterprise Networks program during such period. 

(7) The schedule, status, and goals of the early transition activities between the Navy Marine Corps Intranet program and 

the Next Generation Enterprise Networks program carried out 

during such period. 

(8) A description of the role of the Next Generation Enterprise Networks program with the Navy’s network environment. 

(9) An updated acquisition milestone schedule, including any 

changes from previous planned schedules, the status of achieving milestones, and mitigation strategies for maintaining program schedule performance. 

(d) DEADLINE FOR SUBMITTAL OF REPORTS.—The Secretary of Defense shall submit the semi-annual reports required under this section by not later than April 1 and October 1 of each year, and shall 

submit the first report required under this section by not later than 

April 1, 2009. 

(e) TERMINATION.—The requirement to submit semi-annual reports under this section shall terminate on the date that is one 

year after the date on which the Secretary of Defense completes 

the full transition of the provision of services from the Navy Marine Corps Intranet program and other transition programs to the 

Next Generation Enterprise Networks program. 

SEC. 1035. SENSE OF CONGRESS ON NUCLEAR WEAPONS MANAGEMENT. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The unauthorized transfer of nuclear weapons from Minot 

Air Force Base, North Dakota, to Barksdale Air Force Base, 

Louisiana, in August 2007 was an extraordinary breach of the 

command and control and security of nuclear weapons. 

(2) The reviews conducted following that unauthorized transfer found that the ability of the Department of Defense to provide oversight of nuclear weapons matters had degenerated 

and that senior level attention to nuclear weapons management is minimal at best. 

(3) The lack of attention to nuclear weapons and related 

equipment by the Department of Defense was demonstrated 

again when it was discovered in March 2008 that classified 


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equipment from Minuteman III intercontinental ballistic missiles was inadvertently shipped to Taiwan in 2006. 

(4) The Department of Defense has insufficient capability 

and staffing in the Office of the Under Secretary of Defense for 

Policy to provide the necessary oversight of the nuclear weapons functions of the Department. 

(5) The key senior position responsible for nuclear weapons 

matters in the Department of Defense, the Assistant to the 

Secretary of Defense for Nuclear and Chemical and Biological 

Defense Programs, a position filled by appointment by and 

with the advice and consent of the Senate, was vacant for more 

than 18 months before being filled in July 2008. 

(6) The inability to provide consistent senior level emphasis 

on nuclear weapons policy has contributed to an erosion in the 

level of attention paid to nuclear weapons matters across the 

Department of Defense. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the United States should maintain clear and unambiguous command and control of its nuclear weapons; 

(2) the safety and security of nuclear weapons and related 

equipment should be a high priority as long as the United 

States maintains a stockpile of nuclear weapons; 

(3) these objectives will be more successfully attained if 

greater attention is paid to nuclear weapons matters within 

the Office of the Secretary of Defense, the Office of the Under 

Secretary of Defense for Policy, and the Office of the Under 

Secretary of Defense for Acquisition, Technology, and Logistics; 

(4) the Secretary of Defense should consider establishing and 

filling a senior position, at the level of Assistant Secretary of 

Defense or Deputy Under Secretary of Defense, within the Office of the Under Secretary of Defense for Policy to hold primary responsibility for the strategic and nuclear weapons policy of the Department of Defense; and 

(5) the Secretary of Defense should clarify the lines of responsibility and accountability for nuclear weapons matters 

within the Office of the Secretary of Defense to place greater 

emphasis on strategic and nuclear weapons policy and management. 

SEC. 1036. SENSE OF CONGRESS ON JOINT DEPARTMENT OF DEFENSE-FEDERAL AVIATION ADMINISTRATION EXECUTIVE 

COMMITTEE ON CONFLICT AND DISPUTE RESOLUTION. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Unmanned aerial systems (UAS) of the Department of 

Defense, like the Predator and the Global Hawk, have become 

a critical component of military operations. Unmanned aerial 

systems are indispensable in the conflict against terrorism and 

the campaigns in Afghanistan and Iraq. 

(2) Unmanned aerial systems of the Department of Defense 

must operate in the National Airspace System (NAS) for training, operational support to the combatant commands, and support to domestic authorities in emergencies and national disasters. 

(3) The Department of Defense has been lax in developing 

certifications of airworthiness for unmanned aerial systems, 


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qualifications for operators of unmanned aerial systems, databases on safety matters relating to unmanned aerial systems, 

and standards, technology, and procedures that are necessary 

for routine access of unmanned aerial systems to the National 

Airspace System. 

(4) As recognized in a Memorandum of Agreement for Operation of Unmanned Aircraft Systems in the National Airspace 

System signed by the Deputy Secretary of Defense and the Administrator of the Federal Aviation Administration in September 2007, it is vital for the Department of Defense and the 

Federal Aviation Administration to collaborate closely to 

achieve progress in gaining access for unmanned aerial systems to the National Airspace System to support military requirements. 

(5) The Department of Defense and the Federal Aviation Administration have jointly and separately taken significant actions to improve the access of unmanned aerial systems of the 

Department of Defense to the National Airspace System, but 

overall, the pace of progress in access of such systems to the 

National Airspace System has been insufficient and poses a 

threat to national security. 

(6) Techniques and procedures can be rapidly acquired or developed to temporarily permit safe operations of unmanned 

aerial systems in the National Airspace System until permanent safe operations of such systems in the National Airspace 

System can be achieved. 

(7) Identifying, developing, approving, implementing, and 

monitoring the adequacy of these techniques and procedures 

may require the establishment of a joint Department of Defense-Federal Aviation Administration executive committee reporting to the highest levels of the Department of Defense and 

the Federal Aviation Administration on matters relating to the 

access of unmanned aerial systems of the Department of Defense to the National Airspace System. 

(8) Joint management attention at the highest levels of the 

Department of Defense and the Federal Aviation Administration may also be required on other important issues, such as 

type ratings for aerial refueling aircraft. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of Defense should seek an agreement with the Administrator of the Federal Aviation Administration to jointly establish 

within the Department of Defense and the Federal Aviation Administration a joint Department of Defense–Federal Aviation Administration executive committee on conflict and dispute resolution 

which would— 

(1) act as a focal point for the resolution of disputes on matters of policy and procedures between the Department of Defense and the Federal Aviation Administration with respect 

to— 

(A) airspace, aircraft certifications, and aircrew training; 

and 

(B) other issues brought before the joint executive committee by the Department of Defense or the Department of 

Transportation; 


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(2) identify solutions to the range of technical, procedural, 

and policy concerns arising in the disputes described in paragraph (1); and 

(3) identify solutions to the range of technical, procedural, 

and policy concerns arising in the integration of Department of 

Defense unmanned aerial systems into the National Airspace 

System in order to achieve the increasing, and ultimately routine, access of such systems into the National Airspace System. 

SEC. 1037. SENSE OF CONGRESS ON SALE OF NEW OUTSIZE CARGO, 

STRATEGIC AIRLIFT AIRCRAFT FOR CIVILIAN USE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The 2006 Quadrennial Defense Review and the 2005 Mobility Capability Study determined that the United States 

Transportation Command requires a force of 292 to 383 organic 

strategic airlift aircraft, augmented by procurement of airlift 

service from commercial air carriers participating in the Civil 

Reserve Air Fleet, to meet the demands of the National Military Strategy. Congress has authorized and appropriated funds 

for 316 strategic airlift aircraft. 

(2) The commander of the United States Transportation 

Command has testified to Congress that it is essential to safeguard the capabilities and capacity of the Civil Reserve Air 

Fleet to meet wartime surge demands in connection with major 

combat operations and that procurement by the Air Force of 

excess organic strategic airlift aircraft could be harmful to the 

health of the Civil Reserve Air Fleet. 

(3) The C–17 aircraft is used extensively by the Air Mobility 

Command in the Global War on Terror. Production of the C– 

17 aircraft is scheduled to cease in August, 2010. 

(4) The Federal Aviation Administration has informed Congress that no fewer than six commercial operators have expressed interest in operating a commercial variant of the C–17 

aircraft. Commercial sale of the new C–17 aircraft would require that the Department of Defense determine that it is in 

the national interest for the Federal Aviation Administration 

to proceed with the issuance of a type certificate for C–17 aircraft in accordance with section 21.27 of title 14, Code of Federal Regulations. 

(5) New C–17 aircraft sold for commercial use could be made 

available to the Civil Reserve Air Fleet, thus strengthening the 

capabilities and capacity of the Civil Reserve Air Fleet. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of Defense, in consultation with the Secretary of Transportation, should— 

(1) review the benefits and feasibility of pursuing a new production commercial cargo capability with new C–17 commercial 

variant aircraft and determine whether such capability is in 

the national interest; and 

(2) if the Secretary of Defense determines that such a capability is in the national interest, take appropriate actions to coordinate with the Federal Aviation Administration to achieve 

the type certification for a commercial variant of the C-17 required by section 21.27 of title 14, Code of Federal Regulations. 


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Subtitle E—Studies and Reports 

SEC. 1041. REPORT ON CORROSION CONTROL AND PREVENTION. 

(a) REPORT REQUIRED.—The Secretary of Defense, acting through 

the Director of Corrosion Policy and Oversight, shall prepare and 

submit to the Committees on Armed Services of the Senate and the 

House of Representatives a report on corrosion control and prevention in weapons systems and equipment. 

(b) MATTERS COVERED.—The report shall include the comments 

and recommendations of the Department of Defense regarding potential improvements in corrosion control and prevention through 

earlier planning. In particular, the report shall include an evaluation and business case analysis of options for improving corrosion 

control and prevention in the requirements and acquisition processes of the Department of Defense for weapons systems and equipment. The evaluation shall include an analysis of the impact of 

such potential improvements on system acquisition costs and life 

cycle sustainment. The options for improved corrosion control and 

prevention shall include corrosion control and prevention— 

(1) as a key performance parameter for assessing the selection of materials and processes; 

(2) as a key performance parameter for sustainment; 

(3) as part of the capability development document in the 

joint capabilities integration and development system; and 

(4) as a requirement for weapons systems managers to assess their corrosion control and prevention requirements over 

a system’s life cycle and incorporate the results into their acquisition strategies prior to issuing a solicitation for contracts. 

(c) DEADLINE.—The report shall be submitted not later than 120 

days after the date of the enactment of this Act. 

(d) REVIEW BY COMPTROLLER GENERAL.—The Comptroller General shall review the report required under subsection (a), including the methodology used in the Department’s analysis, and shall 

provide the results of the review to the Committees on Armed Services of the Senate and the House of Representatives not later than 

60 days after the Department submits the report. 

SEC. 1042. STUDY ON USING MODULAR AIRBORNE FIRE FIGHTING SYSTEMS (MAFFS) IN A FEDERAL RESPONSE TO WILDFIRES. 

(a) IN GENERAL.—The Secretary of Defense shall carry out a 

study to determine— 

(1) how to utilize the Department’s Modular Airborne Fire 

Fighting Systems (MAFFS) in all contingencies where there is 

a Federal response to wildfires; and 

(2) how to decrease the costs of using the Department’s 

MAFFS when supporting National Interagency Fire Center 

(NIFC) fire fighting operations. 

(b) REPORT.—Not later than 6 months 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. 

SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY. 

(a) STUDY REQUIRED.—The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall carry out a study on Department of Defense rotorcraft survivability. The study shall— 


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(1) with respect to actual losses of rotorcraft in combat— 

(A) identify the rates of such losses from 1965 through 

2008, measured in total annual losses by type of aircraft 

and by cause, with rates for loss per flight hour and loss 

per sortie provided; 

(B) identify by category of hostile action (such as small 

arms, Man-Portable Air Defense Systems, and so on), the 

causal factors for the losses; and 

(C) propose candidate solutions for survivability (such as 

training, tactics, speed, countermeasures, maneuverability, 

lethality, technology, and so on), in a prioritized list with 

explanations, to mitigate each such causal factor, along 

with recommended funding adequate to achieve rates at 

least equal to the experience in the Vietnam conflict; 

(2) with respect to actual losses of rotorcraft in combat theater not related to hostile action— 

(A) identify the causal factors of loss in a ranked list; 

and 

(B) propose candidate solutions for survivability (such as 

training, tactics, speed, countermeasures, maneuverability, 

lethality, technology, and so on), in a prioritized list, to 

mitigate each such causal factor, along with recommended 

funding adequate to achieve the Secretary’s Mishap Reduction Initiative goal of not more than 0.5 mishaps per 

100,000 flight hours; 

(3) with respect to losses of rotorcraft in training or other 

non-combat operations during peacetime or interwar years— 

(A) identify by category (such as inadvertent instrument 

meteorological conditions, wire strike, and so on) the causal factors of loss in a ranked list; and 

(B) identify candidate solutions for survivability and performance (such as candidate solutions referred to in paragraph (2)(B) as well as maintenance, logistics, systems development, and so on) in a prioritized list, to mitigate each 

such causal factor, along with recommended funding adequate to achieve the goal of rotorcraft loss rates to noncombat causes being reduced to 1.0; 

(4) identify the key technical factors (causes of mishaps that 

are not related to human factors) negatively impacting the 

rotorcraft mishap rates and survivability trends, to include reliability, availability, maintainability, and other logistical considerations; and 

(5) identify what TACAIR is and has done differently to have 

such a decrease in losses per sortie when compared to rotorcraft, to include— 

(A) examination of aircraft, aircraft maintenance, logistics, operations, and pilot and operator training; 

(B) an emphasis on the development of common service 

requirements that TACAIR has implemented already 

which are minimizing losses within TACAIR; and 

(C) candidate solutions, in a prioritized list, to mitigate 

each causal factor with recommended funding adequate to 

achieve the goal of rotorcraft loss rates stated above. 


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(b) REPORT.—Not later than August 1, 2009, the Secretary and 

the Chairman shall submit to the congressional defense committees 

a report on the results of the study. 

SEC. 1044. REPORT ON NUCLEAR WEAPONS. 

(a) FINDINGS.—Congress finds that— 

(1) numerous nuclear weapons are held in the arsenals of 

various countries around the world; 

(2) some of these weapons make attractive targets for theft 

and for use by terrorist organizations; 

(3) the United States should identify, track, and monitor 

these weapons as a matter of national security; 

(4) the United States should assess the security risks associated with existing stockpiles of nuclear weapons and should assess the risks of nuclear weapons being developed, acquired, or 

utilized by other countries, particularly rogue states, and by 

terrorists and other non-state actors; and 

(5) the United States should work cooperatively with other 

countries to improve the security of nuclear weapons and to 

promote multilateral reductions in the numbers of nuclear 

weapons. 

(b) REVIEW.—The President, in consultation with the Secretary of 

Defense, the Secretary of State, the Secretary of Energy, and the 

Director of National Intelligence, shall conduct a review of nuclear 

weapons world-wide that includes— 

(1) an inventory of the nuclear arsenals of all countries that 

possess, or are believed to possess, nuclear weapons, which indicates, as accurately as possible, the nuclear weapons that are 

known, or are believed, to exist according to nationality, type, 

yield, and form of delivery, and an assessment of the methods 

that are currently employed to identify, track, and monitor nuclear weapons and their component materials; 

(2) an assessment of the risks associated with the deployment, transfer, and storage of nuclear weapons deemed to be 

attractive to terrorists, rogue states, and other state or nonstate actors on account of their size or portability, or on account of their accessibility due to the manner of their deployment or storage; and 

(3) recommendations for— 

(A) mechanisms and procedures to improve security and 

safeguards for the nuclear weapons deemed to be attractive to terrorists, rogue states, and other state or non-state 

actors; 

(B) mechanisms and procedures to improve the ability of 

the United States to identify, track, and monitor the nuclear weapons deemed to be attractive to terrorists, rogue 

states, and other state or non-state actors; 

(C) mechanisms and procedures for implementing transparent multilateral reductions in nuclear weapons arsenals; and 

(D) methods for consolidating, dismantling, and disposing of the nuclear weapons in each country that possesses, or is believed to possess, nuclear weapons, including methods of monitoring and verifying consolidation, dismantlement, and disposal. 


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(c) REPORT.— 

(1) REPORT REQUIRED.—Not later than one year after the 

date of the enactment of this Act, the President shall submit 

to Congress a report on the findings and recommendations of 

the review required under subsection (b). 

(2) CLASSIFICATION OF REPORT.—The report required under 

paragraph (1) shall be submitted in unclassified form, but it 

may be accompanied by a classified annex. 

SEC. 1045. REPORT ON COMPLIANCE BY DEPARTMENT OF DEFENSE 

WITH GUAM TAX AND LICENSING LAWS. 

Not later than 180 days after the date of the enactment of this 

Act, the Secretary of Defense, in consultation with the Secretary of 

the Navy and the Joint Guam Program Office, shall submit to the 

congressional defense committees a report on the steps that the Department of Defense is taking to ensure that contractors of the Department performing work on Guam comply with local tax and licensing requirements. 

SEC. 1046. REPORT ON DETENTION OPERATIONS IN IRAQ. 

(a) REPORT REQUIRED.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report on detention operations at theater internment facilities in Iraq. 

(b) ELEMENTS.—The report required by subsection (a) shall include each of the following: 

(1) A detailed description of how counterinsurgency doctrine 

has been incorporated at theater internment facilities in Iraq. 

(2) A detailed description of the policies and programs instituted to prepare detainees for reintegration following their release from detention in theater internment facilities in Iraq. 

(3) A description and assessment of the effects of changes in 

detention operations and reintegration programs at theater internment facilities in Iraq during the period beginning on January 1, 2007, and ending on the date of the completion of the 

report, including changes in levels of violence within internment facilities and in rates of recapture of detainees released 

from detention in internment facilities. 

(4) A description of— 

(A) the lessons learned regarding detention operations in 

a counterinsurgency operation, an assessment of how such 

lessons could be applied to detention operations elsewhere 

(including in Afghanistan and at Guantanamo Bay, Cuba); 

and 

(B) any efforts to integrate such lessons into Department 

of Defense directives, joint doctrine, mission rehearsal exercises for deploying forces, and training for units involved 

in detention and interrogation operations. 

(c) FORM.—The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

SEC. 1047. REVIEW OF BANDWIDTH CAPACITY REQUIREMENTS OF THE 

DEPARTMENT OF DEFENSE AND THE INTELLIGENCE 

COMMUNITY. 

(a) IN GENERAL.—The Secretary of Defense and the Director of 

National Intelligence shall conduct a joint review of the bandwidth 


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capacity requirements of the Department of Defense and the intelligence community in the near term, mid term, and long term. 

(b) ELEMENTS.—The review required by subsection (a) shall include an assessment of the following: 

(1) The current bandwidth capacities and capabilities of the 

Department of Defense and the intelligence community to 

transport data, including Government and commercial ground 

networks, airborne relays, and satellite systems. 

(2) The bandwidth capacities and capabilities anticipated to 

be available to the Department of Defense and the intelligence 

community to transport data in the near term, mid term, and 

long term. 

(3) Innovative technologies available to the Department of 

Defense and the intelligence community to increase data transport capacity of existing bandwidth (such as compression techniques or intelligent software agents) that can be applied in 

the near term, mid term, and long term. 

(4) The bandwidth and data requirements of current major 

operational systems of the Department of Defense and the intelligence community, including an assessment of— 

(A) whether such requirements are being appropriately 

met by the bandwidth capacities and capabilities described 

in paragraph (1); and 

(B) the degree to which any such requirements are not 

being met by such bandwidth capacities and capabilities. 

(5) The anticipated bandwidth and data requirements of 

major operational systems of the Department of Defense and 

the intelligence community planned for each of the near term, 

mid term, and long term, including an assessment of— 

(A) whether such anticipated requirements will be appropriately met by the bandwidth capacities and capabilities described in paragraph (2); and 

(B) the degree to which any such requirements are not 

anticipated to be met by such bandwidth capacities and capabilities. 

(6) Any mitigation concepts that could be used to satisfy any 

unmet bandwidth and data requirements. 

(7) The costs of meeting the bandwidth and data requirements described in paragraphs (4) and (5). 

(8) Any actions necessary to integrate or consolidate the information networks of the Department of Defense and the intelligence community. 

(c) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the congressional defense 

committees, the Select Committee on Intelligence of the Senate, 

and the Permanent Select Committee on Intelligence of the House 

of Representatives a report setting forth the results of the review 

required by subsection (a). 

(d) FORMAL REVIEW PROCESS FOR BANDWIDTH REQUIREMENTS.— 

The Secretary of Defense and the Director of National Intelligence 

shall, as part of the Milestone B or Key Decision Point B approval 

process for any major defense acquisition program or major system 


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acquisition program, establish a formal review process to ensure 

that— 

(1) the bandwidth requirements needed to support such program are or will be met; and 

(2) a determination will be made with respect to how to meet 

the bandwidth requirements for such program. 

(e) DEFINITIONS.—In this section: 

(1) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence community’’ has the meaning given the term in section 3(4) of the 

National Security Act of 1947 (50 U.S.C. 401a(4)). 

(2) LONG TERM.—The term ‘‘long term’’ means the five-year 

period beginning on the date that is 10 years after the date of 

the enactment of this Act. 

(3) MID TERM.—The term ‘‘mid term’’ means the five-year period beginning on the date that is five years after the date of 

the enactment of this Act. 

(4) NEAR TERM.—The term ‘‘near term’’ means the five-year 

period beginning on the date of the enactment of this Act. 

SEC. 1048. REVIEW OF FINDINGS AND RECOMMENDATIONS APPLICABLE TO THE DEPARTMENT OF DEFENSE REGARDING 

ELECTROMAGNETIC PULSE ATTACK. 

(a) REVIEW.—The Secretary of Defense shall conduct a review of 

the findings and recommendations applicable to the Department of 

Defense made in the reports of the Commission to Assess the 

Threat to the United States from Electromagnetic Pulse Attack established under title XIV of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 165A–345). 

(b) REPORTS.— 

(1) IN GENERAL.—The Secretary shall submit to the congressional defense committees a report on the review required by 

subsection (a) that shall include the following: 

(A) A description of the findings and recommendations 

described in that subsection that are applicable to the Department of Defense. 

(B) A plan for addressing the applicable findings and implementing the applicable recommendations to the extent 

practicable and feasible. 

(C) If the Secretary determines that it is not practicable 

or feasible to address an applicable finding or implement 

an applicable recommendation, an explanation clearly explaining each such determination. 

(D) A description of the capabilities of the Department 

of Defense needed to protect and recover from an electromagnetic pulse attack. 

(E) Any research and development needed to address 

any applicable finding or recommendation to enable the 

Department of Defense to implement such recommendations in the future. 

(F) A description of the plans and programs that the Department of Defense has in place or plans to put in place 

to address the threat from electromagnetic pulse attack. 

(G) A description of the organizational and management 

structure that the Department of Defense has in place or 


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plans to have in place to address the threat from an electromagnetic pulse attack. 

(H) A description of any impediments to implementing 

any applicable recommendations. 

(2) SUBMITTAL DATES.—The report required by paragraph (1) 

shall be submitted not later than September 1 of each odd 

numbered year beginning in 2009 and ending in 2015. 

(3) FORM OF REPORT.—The report required by paragraph (1) 

shall be submitted in unclassified form, but may include a classified annex. 

Subtitle F—Other Matters 

SEC. 1051. ADDITIONAL INFORMATION UNDER ANNUAL SUBMISSIONS 

OF INFORMATION REGARDING INFORMATION TECHNOLOGY CAPITAL ASSETS. 

Section 351 of the Bob Stump National Defense Authorization 

Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2516; 10 

U.S.C. 221 note) is amended— 

(1) in subsection (a)— 

(A) by striking paragraph (1); 

(B) by redesignating paragraph (2) as paragraph (1); 

(C) in paragraph (1), as so redesignated, by striking ‘‘and 

an estimated total life cycle cost’’ and inserting ‘‘or an estimated total cost’’; and 

(D) by adding at the end the following new paragraph 

(2): 

‘‘(2) Information technology capital assets not covered by 

paragraph (1) that have been determined by the Chief Information Officer of the Department of Defense to be significant investments.’’; 

(2) by striking subsection (b); 

(3) by redesignating subsection (c) as subsection (b); 

(4) in subsection (b), as so redesignated, by striking ‘‘subsection (a)(2)’’ and inserting ‘‘subsection (a)(1)’’; 

(5) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) REQUIRED INFORMATION FOR SIGNIFICANT INVESTMENTS.— 

With respect to each information technology capital asset not covered by paragraph (1) of subsection (a), but covered by paragraph 

(2) of that subsection, the Secretary of Defense shall include such 

information in a format that is appropriate to the current status 

of such asset.’’; and 

(6) in subsection (d), by striking ‘‘life cycle’’. 

SEC. 1052. SUBMISSION TO CONGRESS OF REVISION TO REGULATION 

ON ENEMY PRISONERS OF WAR, RETAINED PERSONNEL, 

CIVILIAN INTERNEES, AND OTHER DETAINEES. 

(a) SUBMISSION TO CONGRESS.—A successor regulation to Army 

Regulation 190–8 Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees (dated October 1, 1997) may 

not be carried out or implemented until the date that is 60 days 

after the date on which the Secretary of Defense submits to the 

Committees on Armed Services of the Senate and House of Representatives such successor regulation. 


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(b) SAVINGS CLAUSE.—Nothing in this section shall affect the 

continued effectiveness of Army Regulation 190–8 Enemy Prisoners 

of War, Retained Personnel, Civilian Internees and Other Detainees (dated October 1, 1997). 

SEC. 1053. BARNEGAT INLET TO LITTLE EGG INLET, NEW JERSEY. 

(a) PROJECT MODIFICATION.—The project for hurricane and storm 

damage reduction, Barnegat Inlet to Little Egg Inlet, New Jersey, 

authorized by section 101(a)(1) of the Water Resources Development Act of 2000 (114 Stat. 2576), is modified to authorize the Secretary of the Army to undertake, at Federal expense, such measures as the Secretary determines to be necessary and appropriate 

in the public interest to address the handling of munitions placed 

on the beach during construction of the project before the date of 

enactment of this section. 

(b) TREATMENT OF COSTS.—Costs incurred in carrying out subsection (a) shall not be considered to be a cost of constructing the 

project. 

(c) CREDIT.—The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), toward the non-Federal share of the cost of the project the costs incurred by the non-Federal interest with respect to the removal and 

handling of the munitions referred to in subsection (a). 

(d) ELIGIBLE ACTIVITIES.—Measures authorized by subsection (a) 

include monitoring, removal, and disposal of the munitions referred 

to in subsection (a). 

SEC. 1054. STANDING ADVISORY PANEL ON IMPROVING COORDINATION AMONG 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 (USAID) may jointly 

establish an advisory panel to advise, review, and make recommendations on ways to improve coordination among the Department of Defense, the Department of State, and the United States 

Agency for International Development on matters relating to national security, including reviewing their respective roles and responsibilities. 

(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, 

with the advice of the Chairman of the Joint Chiefs of 

Staff, and in consultation with 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 


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(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. 

(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 who appointed the 

member under such paragraph who is designated as the chairman under paragraph (2). 

(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 should 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 of the advisory panel 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 panel 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. 


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

(d) SUPPORT OF FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER.—If the advisory panel is established under subsection (a), the Secretary of Defense, in consultation with the Secretary of State and the Administrator, shall, not later than 60 days 

after the date of the final appointment of the members of the advisory panel pursuant to subsection (b)(5), enter into a contract with 

a federally funded research and development 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. 

(e) DUTIES OF PANEL.—The advisory panel shall— 

(1) analyze the roles and responsibilities of the Department 

of Defense, the Department of State, and the USAID regarding— 

(A) stability operations; 

(B) foreign assistance (including security assistance); 

and 

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

of State, and the Administrator jointly agree are appropriate; 

(2) review— 

(A) the structures and systems that coordinate policymaking; 

(B) the national security-related roles and responsibilities of the Department of Defense, the Department of 

State, USAID, and, as appropriate, other relevant agencies 

to ensure effective coordination; 

(C) the efforts of the Department of Defense, the Department of State, USAID, and such other relevant agencies to 

ensure that lessons learned and expertise that is developed 

in carrying out programs related to national security are 

shared among the departments and agencies of the Federal Government, as appropriate; and 

(D) the coordination of activities conducted abroad and 

carried out by personnel of the Department of Defense, Department of State, USAID, and such other relevant agencies; and 

(3) provide advice and make recommendations for otherwise 

improving coordination between and among the Department of 

Defense, the Department of State and USAID on matters of 

national security. 

(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.—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— 


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(A) aspects of the interagency structure and processes 

relating to matters of national security that should take 

priority in any effort to improve the coordination among 

the Department of Defense, the Department of State, and 

USAID; and 

(B) methods to better coordinate the interagency structure and processes relating to matters of national security. 

(2) ANNUAL REPORTS.—Not later than December 31 of the 

year in which the interim report is submitted under paragraph 

(1), the advisory panel shall submit to the Secretary of Defense, the Secretary of State, and the Administrator a report 

on— 

(A) the activities of the advisory panel; 

(B) any deficiencies relating to coordination among the 

Department of Defense, Department of States and USAID 

and other relevant agencies on matters of national security; 

(C) any improvements made during the period covered 

by the report to the coordination among the Department of 

Defense, the Department of State, USAID, and other relevant agencies on matters of national security; 

(D) methods to better coordinate the interagency structure and processes among the Department of Defense, the 

Department of State, USAID, and other relevant agencies 

on matters relating to national security; and 

(E) 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 congressional committees the reports 

required under this subsection and any additional information 

considered appropriate. 

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

the submission of each report required under this subsection, 

the members of the advisory panel shall make themselves 

available to meet with the appropriate congressional committees to brief such committees on the matters contained in the 

report. 

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

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

and Appropriations of the House of Representatives. 

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

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

terminate on December 31, 2012. 

(i) DEFINITIONS.—In this section: 

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

Administrator of the United States Agency for International 

Development. 

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

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


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Department of Defense Directive 3000.05, National Security 

Presidential Directive 1, or National Security Presidential Directive 44. 

(3) FEDERAL AGENCY.—The term ‘‘Federal agency’’ means any 

entity included in chapter 1 of title 5, United States code. 

SEC. 1055. REPORTS ON STRATEGIC COMMUNICATION AND PUBLIC DIPLOMACY ACTIVITIES OF THE FEDERAL GOVERNMENT. 

(a) REPORT BY PRESIDENT.— 

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

President shall submit to the appropriate committees of Congress a report on a comprehensive interagency strategy for 

public diplomacy and strategic communication of the Federal 

Government, including benchmarks and a timetable for achieving such benchmarks. 

(2) ELEMENTS OF REPORT.—The report required under paragraph (1) shall include the following elements: 

(A) STRATEGY.—A comprehensive interagency strategy, 

which shall include the following: 

(i) 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. 

(ii) Consolidating and elevating, as appropriate, Federal Government leadership to prioritize, manage, and 

implement the strategy required by this subsection, 

including consideration of whether to establish strategic communication and public diplomacy positions at 

the National Security Council and to establish a single 

office to coordinate strategic communication and public 

diplomacy efforts. 

(iii) Improving coordination across departments and 

agencies of the Federal Government on strategic communications and public diplomacy. 

(iv) Consideration of whether resources devoted to 

strategic communication and public diplomacy efforts 

should be increased. 

(B) STUDY.—A study of whether 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, as recommended by the Task Force on 

Strategic Communication of the Defense Science Board. 

(C) ROLES OF DEPARTMENTS OR AGENCIES OF THE FEDERAL GOVERNMENT.—A description of the respective roles 

of the National Security Council, the Department of Defense, and the Department of State regarding strategic 

communication and public diplomacy, including— 

(i) a description of the roles of the offices within the 

National Security Council, the Department of Defense, 

and the Department of State engaged in message outreach to audiences abroad; and 


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(ii) an explanation of how the National Security 

Council, the Department of Defense, and the Department of State coordinate strategic communication and 

public diplomacy activities. 

(3) SUBSEQUENT REPORT.—Two years after the submission of 

the initial report under paragraph (1), the President shall submit to the appropriate committees of Congress a report on— 

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

(B) progress toward achievement of benchmarks; and 

(C) any changes to the strategy since the submission of 

the initial report. 

(b) REPORT BY SECRETARY OF DEFENSE.—Not later than December 31, 2009, the Secretary of Defense shall review, and submit to 

the congressional defense committees a report on, the organizational structure within the Department of Defense for advising the 

Secretary on the direction and priorities for strategic communication activities, including an assessment of the option of establishing 

a board, composed of representatives from among the organizations 

within the Department responsible for strategic communications, 

public diplomacy, and public affairs, and including advisory members from the broader interagency community as appropriate, for 

purposes of— 

(1) providing strategic direction for Department of Defense 

efforts related to strategic communications and public diplomacy; and 

(2) setting priorities for the Department of Defense in the 

areas of strategic communications and public diplomacy. 

(c) FORM AND AVAILABILITY OF REPORTS.— (1) FORM.—The reports required by this section may be submitted in a classified form. 

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

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

(d) 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. 

SEC. 1056. 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 publicity or propaganda purposes within the United 

States not otherwise specifically authorized by law. 

(b) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to Congress a report on the findings of their 

project number D2008–DIPOEF–0209.000, entitled ‘‘Examination 

of Allegations Involving DoD Office of Public Affairs Outreach Program’’. 

(c) LEGAL OPINION.—Not later than 120 days after the date of 

the enactment of this Act, the Comptroller General of the United 

States shall issue a legal opinion to Congress on whether the Department of Defense violated appropriations prohibitions on publicity or propaganda activities established in Public Laws 107–117, 


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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, respectively, by offering special access to prominent 

persons in the private sector who serve as media analysts, including briefings and information on war efforts, meetings with high 

level government officials, and trips to Iraq and Guantanamo Bay, 

Cuba. 

(d) RULE OF CONSTRUCTION RELATED TO INTELLIGENCE ACTIVITIES.—Nothing in this section shall be construed to apply to any 

lawful and authorized intelligence activity of the United States 

Government. 

SEC. 1057. SENSE OF CONGRESS ON INTERROGATION OF DETAINEES 

BY CONTRACTOR PERSONNEL. 

It is the sense of Congress 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 appropriately be transferred to 

private sector contractors; 

(2) not later than one year after the date of the enactment 

of this Act, the Secretary of Defense should develop the resources needed to ensure that interrogations described in paragraph (1) can be conducted by government personnel and not 

by private sector contractors; and 

(3) properly trained and cleared contractors may appropriately be used as linguists, interpreters, report writers, information technology technicians, and other employees filling ancillary positions, if the private sector contractors are subject to 

the same rules, procedures, policies, and laws pertaining to detainee operations and interrogations that govern the execution 

of these positions by government personnel. 

SEC. 1058. SENSE OF CONGRESS WITH RESPECT TO 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.—It is the sense of Congress that the Secretary 

of Defense should take such actions as are necessary to ensure that 

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 is 

videotaped or otherwise electronically recorded. 

(b) 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. 

SEC. 1059. MODIFICATION OF DEADLINES FOR STANDARDS REQUIRED 

FOR ENTRY TO MILITARY INSTALLATIONS IN THE UNITED 

STATES. 

Section 1069(c) of the National Defense Authorization Act of Fiscal Year 2008 (Public Law 110–181; 122 Stat. 327) is amended— 

(1) in paragraph (1)— 


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(A) by striking ‘‘July 1, 2008’’ and inserting ‘‘February 1, 

2009’’; and 

(B) by striking ‘‘January 1, 2009’’ and inserting ‘‘October 

1, 2010’’; and 

(2) in paragraph (2), by striking ‘‘implemented’’ and inserting 

‘‘developed’’. 

SEC. 1060. EXTENSION OF CERTAIN DATES FOR CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE UNITED 

STATES. 

(a) EXTENSION OF DATES.—Section 1062 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181) is 

amended— 

(1) in subsection (e), by striking ‘‘December 1, 2008’’ and inserting ‘‘April 1, 2009’’; and 

(2) in subsection (g), by striking ‘‘June 1, 2009’’ and inserting 

‘‘September 30, 2009’’. 

(b) INTERIM REPORT.—Not later than December 1, 2008, the Congressional Commission on the Strategic Posture of the United 

States shall submit to the President, the Secretary of Defense, the 

Secretary of Energy, the Secretary of State, the Committee on 

Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives an interim report on the commission’s initial findings, conclusions, and recommendations. To 

the extent practicable, the interim report shall address the matters 

required to be included in the report under subsection (e) of such 

section 1062. 

SEC. 1061. TECHNICAL AND CLERICAL AMENDMENTS. 

(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 

Code, is amended as follows: 

(1) The table of sections at the beginning of chapter 2 is 

amended by inserting after the item relating to 118a the following new item: 

‘‘118b. Quadrennial roles and missions review.’’. 

(2) The table of sections at the beginning of chapter 5 is 

amended in the item relating to section 156 by inserting a period at the end. 

(3) The table of sections at the beginning of chapter 7 is 

amended in the item relating to section 183 by inserting a period at the end. 

(4) Section 1477(e) is amended by inserting a period at the 

end. 

(5) Section 2192a is amended— 

(A) in subsection (e)(4), by striking ‘‘title 11, United 

States Code,’’ and inserting ‘‘title 11’’; and 

(B) in subsection (f), by striking ‘‘title 10, United States 

Code’’ and inserting ‘‘this title’’. 

(6) The table of chapters at the beginning of subtitle C, and 

the table of chapters at the beginning of part IV of such subtitle, are each amended by striking the item relating to chapter 

667 and inserting the following new item: 

‘‘667. Issue of Serviceable Material Other Than to Armed Forces ......... 7911’’. 


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(b) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2008.—Effective as of January 28, 2008, and as if included therein 

as enacted, the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181) is amended as follows: 

(1) Section 371(c) (122 Stat. 80) is amended by striking 

‘‘ ‘operational strategies’ ’’ and inserting ‘‘ ‘operational systems’ ’’. 

(2) Section 585(b)(3)(C) (122 Stat. 132) is amended by inserting ‘‘both places it appears’’ before the period at the end. 

(3) Section 703(b) (122 Stat. 103) is amended by striking ‘‘as 

amended by’’ and inserting ‘‘as inserted by’’. 

(4) Section 805(a) (122 Stat. 212) is amended by striking ‘‘Act 

,’’ and inserting ‘‘Act,’’. 

(5) Section 883(b) (122 Stat. 264) is amended by striking 

‘‘Section 832(c)(1) of such Act, as redesignated by subsection 

(a), is amend by’’ and inserting ‘‘Section 832(b)(1) of such Act 

is amended by’’. 

(6) Section 890(d)(2) (122 Stat. 270) is amended by striking 

‘‘sections’’ and inserting ‘‘parts’’. 

(7) Section 904(a)(4) (122 Stat. 274) is amended by striking 

‘‘131(b)(2)’’ and inserting ‘‘131(b)’’. 

(8) Section 954(a)(3)(B) (122 Stat. 294) is amended by inserting ‘‘, as redesignated by section 524(a)(1)(A),’’ after ‘‘of such 

title’’. 

(9) Section 954(b)(2) (122 Stat. 294) is amended— 

(A) by striking ‘‘2114(e) of such title’’ and inserting 

‘‘2114(f) of such title, as redesignated by section 

524(a)(1)(A),’’; and 

(B) by striking the period at the end and inserting ‘‘and 

inserting ‘President’.’’. 

(10) Section 1063(d)(1) (122 Stat. 323) is amended by striking ‘‘a semicolon after ‘subsection’ ’’ and inserting ‘‘a comma 

after ‘subsection’ ’’. 

(11) Section 1229(i)(3) (122 Stat. 383) is amended by striking 

‘‘publically’’ and inserting ‘‘publicly’’. 

(12) Section 1422(e)(2) (122 Stat. 422) is amended by striking 

‘‘subsection (c)’’ and inserting ‘‘subsection (c)(1)’’. 

(13) Section 1602(4) (122 Stat. 432) is amended by striking 

‘‘section 411 h(b)’’ and inserting ‘‘section 411h(b)(1)’’. 

(14) Section 1617(b) (122 Stat. 449) is amended by striking 

‘‘by adding at the end’’ and inserting ‘‘by inserting after the 

item relating to section 1074k’’. 

(15) Section 2106 (122 Stat. 508) is amended by striking ‘‘for 

2007’’ both places it appears and inserting ‘‘for Fiscal Year 

2007’’. 

(16) Section 2826(a)(2)(A) (122 Stat. 546) is amended by 

striking ‘‘ ‘Secretary of the Army’ ’’ and inserting ‘‘ ‘Secretary of 

Army’ ’’. 

(c) TITLE 31, UNITED STATES CODE.—Title 31, United States 

Code, is amended as follows: 

(1) Chapter 35 is amended by striking the first section 3557. 

(2) The second section 3557 is amended in the section heading by striking ‘‘Public-Private’’ and inserting ‘‘public-private’’. 


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(3) The table of sections at the beginning of chapter 35 is 

amended by striking the second item relating to section 3557. 

(d) TITLE 28, UNITED STATES CODE.—Section 1491(b) of title 28, 

United States Code, is amended by striking the first paragraph (5). 

(e) RONALD W. REAGAN NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2005.—Section 721(e) of the Ronald W. Reagan 

National Defense Authorization Act for Fiscal Year 2005 (Public 

Law 108–375; 118 Stat. 1988; 10 U.S.C. 1092 note) is amended by 

striking ‘‘fiscal years 2005’’ and all that follows through ‘‘2010’’ and 

inserting ‘‘fiscal years 2005 through 2010’’. 

SEC. 1062. NOTIFICATION OF COMMITTEES ON ARMED SERVICES WITH 

RESPECT TO CERTAIN NONPROLIFERATION AND PROLIFERATION ACTIVITIES. 

(a) NOTIFICATION WITH RESPECT TO NONPROLIFERATION ACTIVITIES.—The Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, the Secretary of State, and the Nuclear Regulatory Commission shall keep the Committee on Armed Services of 

the Senate and the Committee on Armed Services of the House of 

Representatives informed with respect to— 

(1) any activities undertaken by any such Secretary or the 

Commission to carry out the purposes and policies of the Secretaries and the Commission with respect to nonproliferation 

programs; and 

(2) any other activities undertaken by any such Secretary or 

the Commission to prevent the proliferation of nuclear, chemical, or biological weapons or the means of delivery of such 

weapons. 

(b) NOTIFICATION WITH RESPECT TO PROLIFERATION ACTIVITIES IN

FOREIGN NATIONS.— 

(1) IN GENERAL.—The Director of National Intelligence shall 

keep the Committee on Armed Services of the Senate and the 

Committee on Armed Services of the House of Representatives 

fully and currently informed with respect to any activities of 

foreign nations that are significant with respect to the proliferation of nuclear, chemical, or biological weapons or the 

means of delivery of such weapons. 

(2) FULLY AND CURRENTLY INFORMED DEFINED.—For purposes of paragraph (1), the term ‘‘fully and currently informed’’ 

means the transmittal of credible information with respect to 

an activity described in such paragraph not later than 60 days 

after becoming aware of the activity. 

SEC. 1063. ASSESSMENT OF SECURITY MEASURES AT CONSOLIDATED 

CENTER FOR NORTH AMERICAN AEROSPACE DEFENSE 

COMMAND AND UNITED STATES NORTHERN COMMAND. 

(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall conduct an assessment of the adequacy of security measures for the 

consolidated command center for North American Aerospace Defense Command and United States Northern Command at Peterson 

Air Force Base, Colorado. 

(b) ELEMENTS.—The assessment required in paragraph (a) shall 

include the following: 

(1) A description of the security measures taken and planned 

for the consolidated command center as of October 1, 2008. 


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(2) An assessment of whether existing and planned security 

measures for the consolidated command center are adequate to 

provide the necessary level of protection. 

(3) An estimate of the total costs associated with such security measures adequate to provide the necessary level of protection. 

(c) REPORT REQUIRED.—Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the assessment required in 

subsection (a). 

(d) ADDITIONAL REQUIREMENT.—The Secretary of Defense shall 

ensure that redundant facilities and equipment, along with the appropriate manning necessary to ensure the continuity of operations, 

are maintained at Cheyenne Mountain Air Force Station until the 

Secretary certifies that security measures have been instituted that 

bring the consolidated command center for North American Aerospace Defense Command and United States Northern Command 

into full compliance with Protection Level One requirements, as defined by Air Force Instruction 31-101, dated March 1, 2007. 

TITLE XI—CIVILIAN PERSONNEL 

MATTERS 

Sec. 1101. Authority to waive annual limitation on premium pay and aggregate 

limitation on pay for Federal civilian employees working overseas. 

Sec. 1102. Temporary discretionary authority to grant allowances, benefits, and 

gratuities to personnel on official duty in a combat zone. 

Sec. 1103. Election of insurance coverage by Federal civilian employees deployed in 

support of a contingency operation. 

Sec. 1104. Extension of authority to make lump-sum severance payments. 

Sec. 1105. Extension of voluntary reduction-in-force authority of Department of Defense. 

Sec. 1106. Enhancement of authorities relating to additional positions under the 

national security personnel system. 

Sec. 1107. Expedited hiring authority for health care professionals. 

Sec. 1108. Direct hire authority at personnel demonstration laboratories for certain 

candidates. 

Sec. 1109. Status reports relating to laboratory personnel demonstration projects. 

Sec. 1110. Technical amendment relating to definition of professional accounting 

position for purposes of certification and credentialing standards. 

Sec. 1111. Exceptions and adjustments to limitations on personnel and reports on 

such exceptions and adjustments. 

SEC. 1101. AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM 

PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL 

CIVILIAN EMPLOYEES WORKING OVERSEAS. 

(a) WAIVER AUTHORITY.—During calendar year 2009, and notwithstanding section 5547 of title 5, United States Code, the head 

of an Executive agency may waive the premium pay limitations established in that section up to the annual rate of salary payable 

to the Vice President under section 104 of title 3, United States 

Code, for an employee who performs work while in an overseas location that is in the area of responsibility of the Commander of the 

United States Central Command, or an overseas location that was 

formerly in the area of responsibility of the Commander of the 

United States Central Command but has been moved to the area 

of responsibility of the Commander of the United States Africa 

Command, in direct support of, or directly related to— 


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(1) a military operation, including a contingency operation; 

or 

(2) an operation in response to a national emergency declared by the President. 

(b) APPLICABILITY OF AGGREGATE LIMITATION ON PAY.—Section 

5307 of title 5, United States Code, shall not apply to any employee 

in any calendar year in which that employee is granted a waiver 

under subsection (a). 

(c) ADDITIONAL PAY NOT CONSIDERED BASIC PAY.—To the extent 

that a waiver under subsection (a) results in payment of additional 

premium pay of a type that is normally creditable as basic pay for 

retirement or any other purpose, such additional pay shall not be 

considered to be basic pay for any purpose, nor shall it be used in 

computing a lump-sum payment for accumulated and accrued annual leave under section 5551 of title 5, United States Code. 

(d) REGULATIONS.—The Director of the Office of Personnel Management may issue regulations to ensure appropriate consistency 

among heads of executive agencies in the exercise of authority 

granted by this section. 

SEC. 1102. TEMPORARY DISCRETIONARY AUTHORITY TO GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO PERSONNEL 

ON OFFICIAL DUTY IN A COMBAT ZONE. 

(a) IN GENERAL.—Section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, 

and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443) 

is amended— 

(1) by striking ‘‘During fiscal years 2006, 2007, and 2008’’ 

and inserting ‘‘(1) During fiscal years 2006 (including the period beginning on October 1, 2005, and ending on June 15, 

2006), 2007, and 2008’’; and 

(2) by adding at the end the following: 

‘‘(2) During fiscal years 2009, 2010, and 2011, the head of an 

agency may, in the agency head’s discretion, provide to an individual employed by, or assigned or detailed to, such agency allowances, benefits, and gratuities comparable to those provided by the 

Secretary of State to members of the Foreign Service under section 

413 and chapter 9 of title I of the Foreign Service Act of 1980, if 

such individual is on official duty in a combat zone (as defined by 

section 112(c) of the Internal Revenue Code of 1986).’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect as if included in the enactment of the Emergency 

Supplemental Appropriations Act for Defense, the Global War on 

Terror, and Hurricane Recovery, 2006 (Public Law 109–234). 

SEC. 1103. ELECTION OF INSURANCE COVERAGE BY FEDERAL CIVILIAN EMPLOYEES DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION. 

(a) AUTOMATIC COVERAGE.—Section 8702(c) of title 5, United 

States Code, is amended— 

(1) by inserting ‘‘an employee who is deployed in support of 

a contingency operation (as that term is defined in section 

101(a)(13) of title 10) or’’ after ‘‘subsection (b),’’; and 

(2) by striking ‘‘the date of the’’ and inserting ‘‘the date of notification of deployment or’’. 


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(b) OPTIONAL INSURANCE.—Section 8714a(b) of such title is 

amended— 

(1) by designating the text as paragraph (2); and 

(2) by inserting before paragraph (2), as so designated, the 

following new paragraph (1): 

‘‘(1) An employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or 

an employee of the Department of Defense who is designated as 

emergency essential under section 1580 of title 10 shall be insured 

under the policy of insurance under this section if the employee, 

within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An 

election under this paragraph shall be effective when provided to 

the Office in writing, in the form prescribed by the Office, within 

such 60-day period.’’. 

(c) ADDITIONAL OPTIONAL LIFE INSURANCE.—Section 8714b(b) of 

such title is amended— 

(1) by designating the text as paragraph (2); and 

(2) by inserting before paragraph (2), as so designated, the 

following new paragraph (1): 

‘‘(1) An employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or 

an employee of the Department of Defense who is designated as 

emergency essential under section 1580 of title 10 shall be insured 

under the policy of insurance under this section if the employee, 

within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An 

election under this paragraph shall be effective when provided to 

the Office in writing, in the form prescribed by the Office, within 

such 60-day period.’’. 

SEC. 1104. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM SEVERANCE PAYMENTS. 

Section 5595(i)(4) of title 5, United States Code, is amended by 

striking ‘‘October 1, 2010’’ and inserting ‘‘October 1, 2014’’. 

SEC. 1105. EXTENSION OF VOLUNTARY REDUCTION-IN-FORCE AUTHORITY OF DEPARTMENT OF DEFENSE. 

Section 3502(f)(5) of title 5, United States Code, is amended by 

striking ‘‘September 30, 2010’’ and inserting ‘‘September 30, 2014’’. 

SEC. 1106. ENHANCEMENT OF AUTHORITIES RELATING TO ADDITIONAL POSITIONS UNDER THE NATIONAL SECURITY 

PERSONNEL SYSTEM. 

Section 9902(i) of title 5, United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘the requirements of chapter 

71 and the limitations in subsection (b)(3)’’ and inserting ‘‘the 

requirements and limitations in paragraph (3)’’; and 

(2) by striking the period at the end of paragraph (2) and inserting ‘‘, in a manner comparable to that in which such provisions are applied under chapter 33. 

‘‘(3) Any action taken by the Secretary pursuant to the authority of this subsection shall be subject to— 

‘‘(A) the requirements of chapter 71; and 

‘‘(B) the limitations in subsection (b)(3), except that the 

requirements of chapter 33 may be waived to the extent 

necessary to achieve the purposes of this subsection.’’. 


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SEC. 1107. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE PROFESSIONALS. 

(a) EXPEDITED HIRING AUTHORITY.—Section 1599c(a) of title 10, 

United States Code, is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of Defense may’’; 

and 

(2) by adding at the end the following new paragraph: 

‘‘(2)(A) For purposes of sections 3304, 5333, and 5753 of title 5, 

the Secretary of Defense may— 

‘‘(i) designate any category of medical or health professional 

positions within the Department of Defense as shortage category positions; and 

‘‘(ii) utilize the authorities in such sections to recruit and appoint highly qualified persons directly to positions so designated. 

‘‘(B) In using the authority provided by this paragraph, the Secretary shall apply the principles of preference for the hiring of veterans and other persons established in subchapter 1 of chapter 33 

of title 5.’’. 

(b) TERMINATION OF AUTHORITY.—Section 1599c(c) of such title is 

amended— 

(1) by inserting ‘‘(1)’’ before ‘‘The authority of’’; 

(2) by striking ‘‘September 30, 2010’’ and inserting ‘‘September 30, 2012’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) The Secretary may not appoint a person to a position of employment under subsection (a)(2) after September 30, 2012.’’. 

SEC. 1108. DIRECT HIRE AUTHORITY AT PERSONNEL DEMONSTRATION LABORATORIES FOR CERTAIN CANDIDATES. 

(a) AUTHORITY.—The Secretary of Defense may appoint qualified 

candidates possessing an advanced degree to positions described in 

subsection (b) without regard to the provisions of subchapter I of 

chapter 33 of title 5, United States Code, other than sections 3303 

and 3328 of such title. 

(b) APPLICABILITY.—This section applies with respect to candidates for scientific and engineering positions within any laboratory identified in section 9902(c)(2) of title 5, United States Code. 

(c) LIMITATION.—(1) Authority under this section may not, in any 

calendar year and with respect to any laboratory, be exercised with 

respect to a number of candidates greater than the number equal 

to 2 percent of the total number of scientific and engineering positions within such laboratory that are filled as of the close of the 

fiscal year last ending before the start of such calendar year. 

(2) For purposes of this subsection, positions and candidates shall 

be counted on a full-time equivalent basis. 

(d) EMPLOYEE DEFINED.—As used in this section, the term ‘‘employee’’ has the meaning given such term by section 2105 of title 

5, United States Code. 

(e) TERMINATION.—The authority to make appointments under 

this section shall not be available after December 31, 2013. 


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SEC. 1109. 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 any Department 

of Defense 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)).’’. 

SEC. 1110. TECHNICAL AMENDMENT RELATING TO DEFINITION OF 

PROFESSIONAL ACCOUNTING POSITION FOR PURPOSES 

OF CERTIFICATION AND CREDENTIALING STANDARDS. 

Section 1599d(e) of title 10, United States Code, is amended by 

striking ‘‘GS–510, GS–511, and GS–505’’ and inserting ‘‘0505, 0510, 

0511, or equivalent’’. 


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SEC. 1111. EXCEPTIONS AND ADJUSTMENTS TO LIMITATIONS ON PERSONNEL AND REPORTS ON SUCH EXCEPTIONS AND ADJUSTMENTS. 

(a) EXCEPTION TO LIMITATIONS ON PERSONNEL.—For fiscal year 

2009 and fiscal years thereafter, the baseline personnel limitations 

in sections 143, 194, 3014, 5014, and 8014 of title 10, United States 

Code (as adjusted pursuant to subsection (b)), shall not apply to— 

(1) acquisition personnel hired pursuant to the expedited hiring authority provided in section 1705(h) of title 10, United 

States Code, as amended by section 821 of this Act, or otherwise hired with funds in the Department of Defense Acquisition Workforce Development Fund established in accordance 

with section 1705(a) of such title; or 

(2) personnel hired pursuant to a shortage category designation by the Secretary of Defense or the Director of the Office 

of Personnel Management. 

(b) AUTHORITY TO ADJUST LIMITATIONS ON PERSONNEL.—For fiscal year 2009 and for four fiscal years thereafter, the Secretary of 

Defense or a secretary of a military department may adjust the 

baseline personnel limitations in sections 143, 194, 3014, 5014 and 

8014 of title 10, United States Code, to— 

(1) fill a gap in the civilian workforce of the Department of 

Defense identified by the Secretary of Defense in a strategic 

human capital plan submitted to Congress in accordance with 

the requirements of— 

(A) section 1122 of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 

prec. 1580 note); 

(B) section 1102 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109– 

364; 120 Stat. 2407); or 

(C) section 851 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 

note prec. 1580); or 

(2) accommodate increases in workload or modify the type of 

personnel required to accomplish work, for any purpose described in paragraphs (1) through (4) of subsection (c). 

(c) LIMITATION ON AUTHORITY TO ADJUST LIMITATIONS ON PER- SONNEL.—The Secretary of Defense or the secretary of a military 

department may not increase a baseline personnel limitation under 

paragraph (2) of subsection (b) by more than 5 percent in a fiscal 

year. An increase in a baseline personnel limitation under such 

paragraph may be made for any of the following purposes: 

(1) Performance of inherently governmental functions. 

(2) Performance of work pursuant to section 2463 of title 10 

United States Code. 

(3) Ability to maintain sufficient organic expertise and technical capability. 

(4) Performance of work that, while the position may not exercise an inherently governmental function, nevertheless 

should be performed only by officers or employees of the Federal Government or members of the Armed Forces because of 

the critical nature of the work. 

(d) REPORT REQUIRED.—The Secretary of Defense shall submit a 

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tion of this section at the same time that the defense budget materials for each of the four fiscal years after fiscal year 2009 are presented to Congress. The report shall include the following information regarding the implementation of this section during the preceding fiscal year: 

(1) The average number of military personnel, civilian employees of the Department of Defense, and contractor employees assigned to or detailed to permanent duty in— 

(A) the Office of the Secretary of Defense; 

(B) the management headquarters activities and management headquarters support activities in the Defense 

Agencies and Department of Defense Field Activities; 

(C) the Office of the Secretary of the Army and the Army 

Staff; 

(D) the Office of the Secretary of the Navy, the Office of 

Chief of Naval Operations, and the Headquarters, Marine 

Corps; and 

(E) the Office of the Secretary of the Air Force and the 

Air Staff. 

(2) An estimate of the number of personnel hired pursuant 

to an exception in subsection (a) in each office described in subparagraphs (A) through (E) of paragraph (1). 

(3) The amount of any adjustment in the limitation on personnel made by the Secretary of Defense or the secretary of a 

military department, and, for each adjustment made pursuant 

to subsection (b)(2), the purpose of the adjustment. 

TITLE XII—MATTERS RELATING TO 

FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Extension of authority to build the capacity of the Pakistan Frontier 

Corps. 

Sec. 1202. Availability across fiscal years of funds for military-to-military contacts 

and comparable activities. 

Sec. 1203. Availability across fiscal years of funds to pay incremental expenses for 

participation of developing countries in combined exercises. 

Sec. 1204. Extension of temporary authority to use acquisition and cross-servicing 

agreements to lend military equipment for personnel protection and 

survivability. 

Sec. 1205. Authority for distribution to certain foreign personnel of education and 

training materials and information technology to enhance military 

interoperability with the Armed Forces. 

Sec. 1206. Modification and extension of authorities relating to program to build 

the capacity of foreign military forces. 

Sec. 1207. Extension of authority and increased funding for security and stabilization assistance. 

Sec. 1208. Extension and expansion of authority for support of special operations 

to combat terrorism. 

Sec. 1209. Increase in amount available for costs of education and training of foreign military forces under Regional Defense Combating Terrorism Fellowship Program. 

Subtitle B—Matters Relating to Iraq and Afghanistan 

Sec. 1211. Limitation on availability of funds for certain purposes relating to Iraq. 

Sec. 1212. Report on status of forces agreements between the United States and 

Iraq. 

Sec. 1213. Strategy for United States-led Provincial Reconstruction Teams in Iraq. 


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Sec. 1214. Commanders’ Emergency Response Program. 

Sec. 1215. Performance monitoring system for United States-led Provincial Reconstruction Teams in Afghanistan. 

Sec. 1216. Report on command and control structure for military forces operating 

in Afghanistan. 

Sec. 1217. Reports on enhancing security and stability in the region along the border of Afghanistan and Pakistan. 

Sec. 1218. Study and report on Police Transition Teams to train, assist, and advise 

units of the Iraqi Police Service. 

Subtitle C—Other Matters 

Sec. 1231. Payment of personnel expenses for multilateral cooperation programs. 

Sec. 1232. Participation of the Department of Defense in multinational military 

centers of excellence. 

Sec. 1233. Review of security risks of participation by defense contractors in certain 

space activities of the People’s Republic of China. 

Sec. 1234. Report on Iran’s capability to produce nuclear weapons. 

Sec. 1235. Employment for resettled Iraqis. 

Sec. 1236. Extension and modification of updates on report on claims relating to 

the bombing of the Labelle Discotheque. 

Sec. 1237. Report on utilization of certain global partnership authorities. 

Sec. 1238. Modification and repeal of requirement to submit certain annual reports 

to Congress regarding allied contributions to the common defense. 

Subtitle A—Assistance and Training 

SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CAPACITY OF 

THE PAKISTAN FRONTIER CORPS. 

(a) AUTHORITY.—Subsection (a) of section 1206 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181; 122 Stat. 366) is amended by striking ‘‘during fiscal year 

2008’’ and inserting ‘‘during fiscal years 2008 and 2009’’. 

(b) FUNDING LIMITATION.—Subsection (c)(1) of such section is 

amended by inserting after ‘‘fiscal year 2008’’ the following: ‘‘and 

up to $25,000,000 of funds available to the Department of Defense 

for operation and maintenance for fiscal year 2009’’. 

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

(a) IN GENERAL.—Section 168(e) of title 10, United States Code, 

is amended by adding at the end the following new paragraph: 

‘‘(5) Funds available to carry out this section shall be available, 

to the extent provided in appropriations Acts, for programs or activities under this section that begin in a fiscal year and end in the 

following fiscal year.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on October 1, 2008, and shall apply with respect 

to programs and activities under section 168 of title 10, United 

States Code, as so amended, that begin on or after that date. 

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

(a) IN GENERAL.— Section 2010 of title 10, United States Code, 

is amended— 

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following new subsection: 


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‘‘(d) Funds available to carry out this section shall be available, 

to the extent provided in appropriations Acts, for bilateral or multilateral military exercises that begin in a fiscal year and end in the 

following fiscal year.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect on October 1, 2008, and shall apply with respect 

to bilateral and multilateral military exercises described in section 

2010 of title 10, United States Code, as so amended, that begin on 

or after that date. 

SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND 

MILITARY EQUIPMENT FOR PERSONNEL PROTECTION 

AND SURVIVABILITY. 

(a) SEMIANNUAL REPORTS TO CONGRESSIONAL COMMITTEES.— 

Subsection (b)(3) of section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 

120 Stat. 2412) is amended by adding at the end the following new 

subparagraph: 

‘‘(E) With respect to equipment provided to each foreign 

force that is not returned to the United States, a description of the terms of disposition of the equipment to the foreign force. 

‘‘(F) The percentage of equipment provided to foreign 

forces under the authority of this section that is not returned to the United States.’’. 

(b) EXPIRATION.—Subsection (e) of such section, as amended by 

section 1252(b) of National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 402), is further amended 

by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 

2011’’. 

SEC. 1205. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN PERSONNEL OF EDUCATION AND TRAINING MATERIALS AND 

INFORMATION TECHNOLOGY TO ENHANCE MILITARY 

INTEROPERABILITY WITH THE ARMED FORCES. 

(a) AUTHORITY FOR DISTRIBUTION.— 

(1) IN GENERAL.—Subchapter I of chapter 134 of title 10, 

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

‘‘§ 2249d. Distribution to certain foreign personnel of education and training materials and information 

technology to enhance military interoperability 

with the armed forces 

‘‘(a) DISTRIBUTION AUTHORIZED.—To enhance interoperability between the armed forces and military forces of friendly foreign nations, the Secretary of Defense, with the concurrence of the Secretary of State, may— 

‘‘(1) provide to personnel referred to in subsection (b) electronically-distributed learning content for the education and 

training of such personnel for the development or enhancement 

of allied and friendly military and civilian capabilities for multinational operations, including joint exercises and coalition operations; and 


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‘‘(2) provide information technology, including computer software developed for such purpose, but only to the extent necessary to support the use of such learning content for the education and training of such personnel. 

‘‘(b) AUTHORIZED RECIPIENTS.—The personnel to whom learning 

content and information technology may be provided under subsection (a) are military and civilian personnel of a friendly foreign 

government, with the permission of that government. 

‘‘(c) EDUCATION AND TRAINING.—Any education and training provided under subsection (a) shall include the following: 

‘‘(1) Internet-based education and training. 

‘‘(2) Advanced distributed learning and similar Internet 

learning tools, as well as distributed training and computer-assisted exercises. 

‘‘(d) APPLICABILITY OF EXPORT CONTROL REGIMES.—The provision 

of learning content and information technology under this section 

shall be subject to the provisions of the Arms Export Control Act 

(22 U.S.C. 2751 et seq.) and any other export control regime under 

law relating to the transfer of military technology to foreign nations. 

‘‘(e) GUIDANCE ON UTILIZATION OF AUTHORITY.— 

‘‘(1) GUIDANCE REQUIRED.—The Secretary of Defense shall 

develop and issue guidance on the procedures for the use of the 

authority in this section. 

‘‘(2) MODIFICATION.—If the Secretary modifies the guidance 

issued under paragraph (1), the Secretary shall submit to the 

appropriate committees of Congress a report setting forth the 

modified guidance not later than 30 days after the date of such 

modification. 

‘‘(f) ANNUAL REPORT.— 

‘‘(1) REPORT REQUIRED.—Not later than October 31 following 

each fiscal year in which the authority in this section is used, 

the Secretary of Defense shall submit to the appropriate committees of Congress a report on the exercise of the authority 

during such fiscal year. 

‘‘(2) ELEMENTS.—Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following: 

‘‘(A) A statement of the recipients of learning content 

and information technology provided under this section. 

‘‘(B) A description of the type, quantity, and value of the 

learning content and information technology provided 

under this section. 

‘‘(g) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘appropriate committees of Congress’ means— 

‘‘(1) the Committee on Armed Services and the Committee on 

Foreign Relations of the Senate; and 

‘‘(2) the Committee on Armed Services and the Committee on 

Foreign Affairs of the House of Representatives.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter I of chapter 134 of such title is amended 

by adding at the end the following new item: 

‘‘2249d. Distribution to certain foreign personnel of education and training materials 

and information technology to enhance military interoperability with 

the armed forces.’’. 


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(b) GUIDANCE ON UTILIZATION OF AUTHORITY.— (1) SUBMITTAL TO CONGRESS.—Not later than 30 days after 

issuing the guidance required by section 2249d(e) of title 10, 

United States Code, as added by subsection (a), the Secretary 

of Defense shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report setting forth such guidance. 

(2) UTILIZATION OF SIMILAR GUIDANCE.—In developing the 

guidance required by section 2249d(e) of title 10, United States 

Code, as so added, the Secretary may utilize applicable portions of the current guidance developed by the Secretary under 

subsection (f) of section 1207 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 

364; 120 Stat. 2419) for purposes of the exercise of the authority in such section 1207. 

(c) REPEAL OF SUPERSEDED AUTHORITY.— 

(1) IN GENERAL.—Section 1207 of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 is repealed. 

(2) SUBMITTAL OF FINAL REPORT ON EXERCISE OF AUTHORITY.—If the Secretary of Defense exercised the authority in section 1207 of the John Warner National Defense Authorization 

Act for Fiscal Year 2007 during fiscal year 2008, the Secretary 

shall submit the report required by subsection (g) of such section for such fiscal year in accordance with the provisions of 

such subsection (g) without regard to the repeal of such section 

under paragraph (1). 

(d) EFFECTIVE DATE.—This section and the amendments made by 

this section shall take effect on October 1, 2008. 

SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN 

MILITARY FORCES. 

(a) BUILDING OF CAPACITY OF ADDITIONAL FOREIGN FORCES.— 

Subsection (a) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456), 

as amended by section 1206 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 

Stat. 2418), is further amended by striking ‘‘a program’’ and all 

that follows and inserting ‘‘a program or programs as follows: 

‘‘(1) To build the capacity of a foreign country’s national military forces in order for that country to— 

‘‘(A) conduct counterterrorism operations; or 

‘‘(B) participate in or support military and stability operations in which the United States Armed Forces are participating. 

‘‘(2) To build the capacity of a foreign country’s maritime security forces to conduct counterterrorism operations.’’. 

(b) FUNDING.—Subsection (c) of such section, as so amended, is 

further amended— 

(1) in paragraph (1), by striking ‘‘$300,000,000’’ and inserting ‘‘$350,000,000’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(4) AVAILABILITY OF FUNDS FOR ACTIVITIES ACROSS FISCAL

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grams under that authority that begin in such fiscal year but 

end in the next fiscal year.’’. 

(c) THREE-YEAR EXTENSION OF AUTHORITY.—Subsection (g) of 

such section, as so amended, is further amended— 

(1) by striking ‘‘September 30, 2008’’ and inserting ‘‘September 30, 2011’’; and 

(2) by striking ‘‘fiscal year 2006, 2007, or 2008’’ and inserting 

‘‘fiscal years 2006 through 2011’’. 

(d) EFFECTIVE DATE.—The amendment made by subsection (b)(2) 

shall take effect on October 1, 2008, and shall apply with respect 

to programs under the authority in subsection (a) of section 1206 

of the National Defense Authorization Act for Fiscal Year 2006, as 

so amended, that begin on or after that date. 

SEC. 1207. EXTENSION OF AUTHORITY AND INCREASED FUNDING FOR 

SECURITY AND STABILIZATION ASSISTANCE. 

(a) PROHIBITION ON BUDGET SUPPORT.—Subsection (a) of section 

1207 of the National Defense Authorization Act for Fiscal Year 

2006 (Public Law 109–163; 119 Stat. 3458) is amended— 

(1) by striking ‘‘The Secretary of Defense’’ and inserting the 

following: 

‘‘(1) IN GENERAL.—The Secretary of Defense’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) PROHIBITION ON BUDGET SUPPORT.—Nothing in this section shall be construed to authorize the provision of budget 

support to any foreign country.’’. 

(b) ASSISTANCE TO GEORGIA DURING FISCAL YEAR 2009.—Subsection (b) of such section is amended— 

(1) by striking ‘‘The aggregate value’’ and inserting the following: 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the 

aggregate value’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) ASSISTANCE TO GEORGIA DURING FISCAL YEAR 2009.— ‘‘(A) IN GENERAL.—The Secretary of Defense is authorized during fiscal year 2009 to exercise the authority of 

subsection (a) to provide services to, and transfer defense 

articles and funds to, the Secretary of State for the purposes of facilitating the provision by the Secretary of State 

of reconstruction, security, or stabilization assistance to 

the country of Georgia. 

‘‘(B) LIMITATION.—The aggregate value of all services, 

defense articles, and funds provided or transferred to the 

Secretary of State under this section for Georgia in fiscal 

year 2009— 

‘‘(i) may not exceed $50,000,000; and 

‘‘(ii) shall not count against the dollar amount limitation specified in paragraph (1) for such fiscal year.’’. 

(c) EXTENSION OF AUTHORITY.—Subsection (g) of such section, as 

amended by section 1210(b) of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 369), is 

further amended by striking ‘‘September 30, 2008’’ and inserting 

‘‘September 30, 2009’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2008. 


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SEC. 1208. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT 

OF SPECIAL OPERATIONS TO COMBAT TERRORISM. 

(a) IN GENERAL.—Subsection (a) of section 1208 of the Ronald W. 

Reagan National Defense Authorization Act for Fiscal Year 2005 

(Public Law 108–375; 118 Stat. 2086) is amended— 

(1) by inserting ‘‘, with the concurrence of the relevant Chief 

of Mission,’’ after ‘‘may’’; and 

(2) by striking ‘‘$25,000,000’’ and inserting ‘‘$35,000,000’’. 

(b) TIMING OF NOTICE ON PROVISION OF SUPPORT.—Subsection (c) 

of such section is amended by striking ‘‘in not less than 48 hours’’ 

and inserting ‘‘within 48 hours’’. 

(c) EXTENSION.—Subsection (h) of such section, as amended by 

section 1202(c) of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 364), is further amended 

by striking ‘‘2010’’ and inserting ‘‘2013’’. 

(d) TECHNICAL AMENDMENT.—The heading of such section is 

amended by striking ‘‘military operations’’ and inserting ‘‘special operations’’. 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2008. 

SEC. 1209. INCREASE IN AMOUNT AVAILABLE FOR COSTS OF EDUCATION AND TRAINING OF FOREIGN MILITARY FORCES 

UNDER REGIONAL DEFENSE COMBATING TERRORISM 

FELLOWSHIP PROGRAM. 

(a) INCREASE IN AMOUNT.—Section 2249c(b) of title 10, United 

States Code, is amended by striking ‘‘$25,000,000’’ and inserting 

‘‘$35,000,000’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on October 1, 2008, and shall apply with respect 

to fiscal years beginning on or after that date. 

Subtitle B—Matters Relating to Iraq and 

Afghanistan 

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 

PURPOSES RELATING TO IRAQ. 

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

as follows: 

(1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States 

Armed Forces in Iraq. 

(2) To exercise United States control of the oil resources of 

Iraq. 

SEC. 1212. REPORT ON STATUS OF FORCES AGREEMENTS BETWEEN 

THE UNITED STATES AND IRAQ. 

(a) REQUIREMENT FOR REPORT.— 

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

of the enactment of this Act, the President shall transmit to 

the appropriate congressional committees a report on any 

agreement that has been completed between the United States 

and Iraq relating to— 


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(i) the legal status of United States military personnel, 

civilian personnel, and contractor personnel of contracts 

awarded by any department or agency of the United States 

Government; 

(ii) the establishment of or access to military bases; 

(iii) the rules of engagement under which United States 

Armed Forces operate in Iraq; and 

(iv) any security commitment, arrangement, or assurance that obligates the United States to respond to internal or external threats against Iraq. 

(B) If, on the date that is 90 days after the date of the enactment of this Act, no agreement between the United States and 

Iraq described in subparagraph (A) has been completed, the 

President shall notify the appropriate congressional committees that no such agreement has been completed, and shall 

transmit to the appropriate congressional committees the report required under subparagraph (A) as soon as practicable 

after such an agreement or agreements are completed. 

(2) UPDATE OF REPORT.—The President shall transmit to the 

appropriate congressional committees an update of the report 

required under paragraph (1) whenever an agreement between 

the United States and Iraq relating to the matters described 

in the report is substantially revised. 

(b) MATTERS TO BE INCLUDED.—The report required under subsection (a) shall include, with respect to each agreement described 

in subsection (a), the following: 

(1) A description of any conditions placed on United States 

combat operations by the Government of Iraq, including required coordination, if any, before such operations can be undertaken. 

(2) A description of any constraints placed on United States 

military personnel, civilian personnel, and contractor personnel 

of contracts awarded by any department or agency of the 

United States Government as a result of such conditions. 

(3) A description of the conditions under which United States 

military personnel, civilian personnel, or contractor personnel 

of contracts awarded by any department or agency of the 

United States Government could be tried by an Iraqi court for 

alleged crimes occurring both during the performance of official 

duties and during other such times, and the protections that 

such personnel would be extended in an Iraqi court, if applicable. 

(4) An assessment of authorities under the agreement for 

United States Armed Forces and Coalition partners to apprehend, detain, and interrogate prisoners and otherwise collect 

intelligence. 

(5) A description of any security commitment, arrangement, 

or assurance that obligates the United States to respond to internal or external threats against Iraq, including the manner 

in which such commitment, arrangement, or assurance may be 

implemented. 

(6) An assessment of any payments required under the 

agreement to be paid to the Government of Iraq or other Iraqi 

entities for rights, access, or support for bases and facilities. 


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(7) An assessment of any payments required under the 

agreement for any claims for deaths and damages caused by 

United States military personnel, civilian personnel, and contractor personnel of contracts awarded by any department or 

agency of the United States Government in the performance of 

their official duties. 

(8) A description of the arrangements required under the 

agreement to resolve disputes arising over matters contained 

in the agreement or to consider changes to the agreement. 

(9) A discussion of the extent to which the agreement applies 

to other Coalition partners. 

(10) A description of how the agreement can be terminated 

by the United States or Iraq. 

(c) FORM.—The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services and the Committee on 

Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee on 

Foreign Relations of the Senate. 

(e) TERMINATION OF REQUIREMENT.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

requirement to transmit the report and updates of the report 

under subsection (a) terminates on December 31, 2009. 

(2) EXCEPTION.—The requirement to transmit the report and 

updates of the report under subsection (a) terminates before 

December 31, 2009, if the following conditions are met: 

(A) The President transmits to the appropriate congressional committees the text of any agreement between the 

United States and Iraq described in subsection (a)(1)(A) 

and any amendment or update thereto. 

(B) Within 30 days of transmission of the agreement, the 

President makes available appropriate senior officials to 

brief the appropriate congressional committees on the matters covered by the agreement or any amendment or update thereto. 

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

(a) IN GENERAL.—The President shall establish and implement a 

strategy for United States-led Provincial Reconstruction Teams 

(PRTs), including embedded PRTs and Provincial Support Teams, 

in Iraq that ensures that such United States-led PRTs are— 

(1) supporting the operational and strategic goals of the 

Multi-National Force—Iraq; and 

(2) developing the capacity of national, provincial, and local 

government and other civil institutions in Iraq to assume increasing responsibility for the formulation, implementation, 

and oversight of reconstruction and development activities. 

(b) ELEMENTS OF STRATEGY.—At a minimum, the strategy required under subsection (a) shall include— 

(1) a mission statement and clearly defined objectives for 

United States-led PRTs as a whole; 


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(2) a mission statement and clearly defined objectives for 

each United States-led PRT; and 

(3) measures of effectiveness and performance indicators for 

meeting the objectives of each United States-led PRT as described in paragraph (2). 

(c) REPORT.— 

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

enactment of this Act, and every 90 days thereafter through 

the end of fiscal year 2010, the President shall transmit to the 

appropriate congressional committees a report on the implementation of the strategy required under subsection (a), including an assessment of the specific contributions United Statesled PRTs are making to implement the strategy. The initial report required under this subsection should include a general 

description of the strategy required under subsection (a) and a 

general discussion of the elements of the strategy required 

under subsection (b). 

(2) INCLUSION IN OTHER REPORT.—The report required under 

this subsection may be included in the report required by section 1227 of the National Defense Authorization Act for Fiscal 

Year 2006 (Public Law 109–163; 119 Stat. 3465). 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the 

House of Representatives; and 

(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the 

Senate. 

SEC. 1214. COMMANDERS’ EMERGENCY RESPONSE PROGRAM. 

(a) AUTHORITY FOR FISCAL YEARS 2008 AND 2009.—Subsection (a) 

of section 1202 of the National Defense Authorization Act for Fiscal 

Year 2006 (Public Law 109–163; 119 Stat. 3455), as amended by 

section 1205 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 366), is further amended 

in the matter preceding paragraph (1)— 

(1) by striking ‘‘$977,441,000’’ and inserting ‘‘$1,700,000,000 

in fiscal year 2008 and $1,500,000,000 in fiscal year 2009,’’; 

and 

(2) by striking ‘‘in such fiscal year’’. 

(b) QUARTERLY REPORTS.—Subsection (b) of such section, as so 

amended, is further amended— 

(1) in the heading, by inserting ‘‘AND BRIEFINGS’’ after ‘‘REPORTS’’; 

(2) by striking ‘‘Not later than’’ and inserting the following: 

‘‘(1) IN GENERAL.—Not later than’’; and 

(3) by adding at the end the following new paragraphs: 

‘‘(2) ADDITIONAL MATTERS TO BE INCLUDED.—In addition to 

the information described in paragraph (1), each report required under paragraph (1) that contains information on 

projects carried out using funds authorized under the Commanders’ Emergency Response Program in Iraq shall include 

the following: 


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‘‘(A) A listing of each project for which amounts in excess 

of $500,000 provided through the Commanders’ Emergency 

Response Program in Iraq were expended. 

‘‘(B) A written statement by the Secretary of Defense, or 

the Deputy Secretary of Defense if the authority under 

subsection (f) is delegated to the Deputy Secretary of Defense, affirming that the certification required under subsection (f) was issued for each project in Iraq for which 

amounts in excess of $1,000,000 provided through the 

Commanders’ Emergency Response Program in Iraq were 

expended. 

‘‘(C) For each project listed in subparagraph (A), the following information: 

‘‘(i) A description and justification for carrying out 

the project 

‘‘(ii) A description of the extent of involvement by 

the Government of Iraq in the project, including— 

‘‘(I) the amount of funds provided by the Government of Iraq for the project; and 

‘‘(II) a description of the plan for the transition 

of such project upon completion to the people of 

Iraq and for the sustainment of any completed facilities, including any commitments by the Government of Iraq to sustain projects requiring the 

support of the Government of Iraq for 

sustainment. 

‘‘(iii) A description of the current status of the 

project, including, where appropriate, the projected 

completion date. 

‘‘(D) A description of the status of transitioning activities 

carried out under the Commanders’ Emergency Response 

Program in Iraq to the Government of Iraq, including— 

‘‘(i) the level of funding provided by the Government 

of Iraq for the Government of Iraq Commanders’ 

Emergency Response Program (commonly known as ‘ICERP’); 

‘‘(ii) the level of funding provided and expended by 

the Government of Iraq in other programs designed to 

meet urgent humanitarian relief and reconstruction 

requirements that immediately assist the Iraqi people; 

and 

‘‘(iii) a description of the progress made in 

transitioning the responsibility for the Sons of Iraq 

Program to the Government of Iraq. 

‘‘(3) BRIEFINGS.—Not later than 15 days after the submission 

of each report under paragraph (1), appropriate officials of the 

Department of Defense shall meet with the congressional defense committees to brief such committees on the matters contained in the report.’’. 

(c) PROHIBITION ON CERTAIN PROJECTS UNDER THE COMMANDERS’ 

EMERGENCY RESPONSE PROGRAM IN IRAQ.—Such section, as so 

amended, is further amended— 

(1) by redesignating subsection (e) as subsection (f); and 


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(2) by inserting after subsection (d) the following new subsection: 

‘‘(e) PROHIBITION ON CERTAIN PROJECTS UNDER THE COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN IRAQ.— 

‘‘(1) PROHIBITION.—Except as provided in paragraph (2), 

funds made available under this section for the Commanders’ 

Emergency Response Program in Iraq may not be obligated or 

expended to carry out any project commenced after the date of 

the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 if the total amount of such 

funds made available for the purpose of carrying out the 

project exceeds $2,000,000. 

‘‘(2) EXCEPTION.—The prohibition contained in paragraph (1) 

shall not apply with respect to funds managed or controlled by 

the Department of Defense that were otherwise provided by 

another department or agency of the United States Government, the Government of Iraq, the government of a foreign 

country, a foundation or other charitable organization (including a foundation or charitable organization that is organized or 

operates under the laws of a foreign country), or any source in 

the private sector of the United States or a foreign country. 

‘‘(3) WAIVER.—The Secretary of Defense may waive the prohibition contained in paragraph (1) if the Secretary of Defense— 

‘‘(A) determines that such a waiver is required to meet 

urgent humanitarian relief and reconstruction requirements that will immediately assist the Iraqi people; and 

‘‘(B) submits in writing, within 15 days of issuing such 

waiver, to the congressional defense committees a notification of the waiver, together with a discussion of— 

‘‘(i) the unmet and urgent needs to be addressed by 

the project; and 

‘‘(ii) any arrangements between the Government of 

the United States and the Government of Iraq regarding the provision of Iraqi funds for carrying out and 

sustaining the project.’’. 

(d) CERTIFICATION ON CERTAIN PROJECTS UNDER THE COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN IRAQ.—Such section, 

as so amended, is further amended— 

(1) by redesignating subsection (f), as redesignated by subsection (c) of this section, as subsection (g); and 

(2) by inserting after subsection (e), as added by subsection 

(c) of this section, the following new subsection: 

‘‘(f) CERTIFICATION ON CERTAIN PROJECTS UNDER THE COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN IRAQ.— 

‘‘(1) CERTIFICATION.—Funds made available under this section for the Commanders’ Emergency Response Program in 

Iraq may not be obligated or expended to carry out any project 

commenced after the date of the enactment of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 

2009 if the total amount of such funds made available for the 

purpose of carrying out the project exceeds $1,000,000 unless 

the Secretary of Defense certifies that the project addresses urVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00314 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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gent humanitarian relief and reconstruction requirements that 

will immediately assist the Iraqi people. 

‘‘(2) DELEGATION.—The Secretary may delegate the authority 

under paragraph (1) to the Deputy Secretary of Defense.’’. 

(e) SENSE OF CONGRESS.—It is the sense of Congress that the 

Government of Iraq should assume increasing responsibility for 

funding and carrying out projects currently funded by the United 

States through the Commanders’ Emergency Response Program, 

and should assume all costs associated with the Sons of Iraq program as expeditiously as possible. 

SEC. 1215. PERFORMANCE MONITORING SYSTEM FOR UNITED STATESLED PROVINCIAL RECONSTRUCTION TEAMS IN AFGHANISTAN. 

(a) IN GENERAL.—The President, acting through the Secretary of 

Defense and the Secretary of State, shall develop and implement 

a system to monitor the performance of United States-led Provincial Reconstruction Teams (PRTs) in Afghanistan. 

(b) ELEMENTS OF PERFORMANCE MONITORING SYSTEM.—The performance monitoring system required under subsection (a) shall include— 

(1) PRT-specific work plans that incorporate the long-term 

strategy, mission, and clearly defined objectives required by 

section 1230(c)(3) of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 386), and include plans for developing the capacity of national, provincial, 

and local government and other civil institutions in Afghanistan to assume increasing responsibility for the formulation, 

implementation, and oversight of reconstruction and development activities; and 

(2) comprehensive performance indicators and measures of 

progress toward sustainable long-term security and stability in 

Afghanistan, and include performance standards and progress 

goals together with a notional timetable for achieving such 

goals, consistent with the requirements of section 1230(d) of 

the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181; 122 Stat. 388). 

(c) REPORT.—Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the implementation of the performance monitoring system required under subsection (a). 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the 

House of Representatives; and 

(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the 

Senate. 

SEC. 1216. REPORT ON COMMAND AND CONTROL STRUCTURE FOR 

MILITARY FORCES OPERATING IN AFGHANISTAN. 

(a) REPORT REQUIRED.—Not later than 60 days after the date of 

the enactment of this Act, or December 1, 2008, whichever occurs 

later, the Secretary of Defense shall submit to the appropriate conVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00315 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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gressional committees a report on the command and control structure for military forces operating in Afghanistan. 

(b) MATTERS TO BE INCLUDED.—The report required under subsection (a) shall include the following: 

(1) A detailed description of efforts by the Secretary of Defense, in coordination with senior leaders of NATO ISAF 

forces, including the commander of NATO ISAF forces, to modify the chain of command structure for military forces operating in Afghanistan to better coordinate and de-conflict military operations and achieve unity of command whenever possible in Afghanistan, and the results of such efforts, including— 

(A) any United States or NATO ISAF plan for improving 

the command and control structure for military forces operating in Afghanistan; and 

(B) any efforts to establish a headquarters in Afghanistan that is led by a commander— 

(i) with command authority over NATO ISAF forces 

and separate United States forces operating under Operation Enduring Freedom and charged with closely 

coordinating the efforts of such forces; and 

(ii) responsible for coordinating other United States 

and international security efforts in Afghanistan. 

(2) A description of how rules of engagement are determined 

and managed for United States forces operating under NATO 

ISAF or Operation Enduring Freedom, and a description of any 

key differences between rules of engagement for NATO ISAF 

forces and separate United States forces operating under Operation Enduring Freedom. 

(3) An assessment of how any modifications to the command 

and control structure for military forces operating in Afghanistan would impact coordination of military and civilian efforts 

in Afghanistan. 

(c) UPDATE OF REPORT.—The Secretary of Defense shall submit 

to the appropriate congressional committees an update of the report required under subsection (a) as warranted by any modifications to the command and control structure for military forces operating in Afghanistan as described in the report. 

(d) FORM.—The report required under subsection (a) and any update of the report required under subsection (c) shall be submitted 

in an unclassified form, but may include a classified annex, if necessary. 

(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services and the Committee on 

Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee on 

Foreign Relations of the Senate. 

SEC. 1217. REPORTS ON ENHANCING SECURITY AND STABILITY IN 

THE REGION ALONG THE BORDER OF AFGHANISTAN AND 

PAKISTAN. 

(a) ADDITIONAL REPORTS REQUIRED.—Subsection (a) of section 

1232 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 122 Stat. 392) is amended— 


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(1) in the heading of paragraph (1), by striking ‘‘IN GENERAL’’ 

and inserting ‘‘INITIAL REPORT’’; 

(2) by striking paragraph (4); 

(3) by redesignating paragraph (3) as paragraph (4); and 

(4) by inserting after paragraph (2) the following new paragraph: 

‘‘(3) SUBSEQUENT REPORTS.—Concurrent with the submission 

of each report submitted under section 1230 after the date of 

the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, the Secretary of Defense, in 

consultation with the Secretary of State, shall submit to the 

appropriate congressional committees, a report on enhancing 

security and stability in the region along the border of Afghanistan and Pakistan. Each such report shall include the following: 

‘‘(A) A description of the matters required to be included 

in the initial report required under paragraph (1). 

‘‘(B) A description of any peace agreements between the 

Government of Pakistan and tribal leaders from regions 

along the Afghanistan-Pakistan border that contain commitments to prevent cross-border incursions into Afghanistan and any mechanisms in such agreements to enforce 

such commitments. 

‘‘(C) An assessment of the effectiveness of such peace 

agreements in preventing cross-border incursions and of 

the Government of Pakistan in enforcing those agreements.’’. 

(b) COPY OF NOTIFICATION RELATING TO DEPARTMENT OF DEFENSE COALITION SUPPORT FUNDS FOR PAKISTAN.—Subsection 

(b)(1) of such section is amended by adding at the end the following 

new subparagraph: 

‘‘(C) COPY OF NOTIFICATION.—The Secretary of Defense 

shall submit to the Committee on Foreign Affairs of the 

House of Representatives and the Committee on Foreign 

Relations of the Senate a copy of each notification required 

under subparagraph (A).’’. 

(c) ADDITIONAL INFORMATION ON DEPARTMENT OF DEFENSE COALITION SUPPORT FUNDS FOR PAKISTAN.—Subsection (b) of such section is amended— 

(1) by redesignating paragraph (5) as paragraph (6); and 

(2) by inserting after paragraph (4) the following new paragraph: 

‘‘(5) REQUIREMENT TO SUBMIT INFORMATION RELATING TO

CLAIMS DISALLOWED OR DEFERRED BY THE UNITED STATES.— 

‘‘(A) IN GENERAL.—The Secretary of Defense shall submit, in the manner specified in subparagraph (B), an 

itemized description of the costs claimed by the Government of Pakistan for logistical, military, or other support 

provided by Pakistan to the United States for which the 

United States will disallow or defer reimbursement to the 

Government of Pakistan under the authority of any provision of law described in paragraph (1)(B). 

‘‘(B) MANNER OF SUBMISSION.— 


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‘‘(i) IN GENERAL.—To the maximum extent practicable, the Secretary shall submit each itemized description of costs required under subparagraph (A) as 

part of the notification required under paragraph (1). 

‘‘(ii) ALTERNATIVE SUBMISSION.—To the extent that 

an itemized description of costs required under subparagraph (A) is not submitted in accordance with 

clause (i), the Secretary shall submit such description 

not later than 180 days after the date on which a decision to disallow or defer reimbursement for the costs 

claimed is made. 

‘‘(C) FORM.—Each itemized description of costs required 

under subparagraph (B) shall be submitted in an unclassified form, but may include a classified annex, if necessary.’’. 

(d) EXTENSION OF NOTIFICATION REQUIREMENT RELATING TO DEPARTMENT OF DEFENSE COALITION SUPPORT FUNDS FOR PAKI- STAN.—Subsection (b)(6) of such section, as redesignated by subsection (c) of this section, is amended by striking ‘‘September 30, 

2009’’ and inserting ‘‘September 30, 2010’’. 

(e) REPORT RELATING TO DEPARTMENT OF DEFENSE COALITION

SUPPORT FUNDS FOR PAKISTAN.—Such section is further amended 

by adding at the end the following new subsection: 

‘‘(c) REPORT RELATING TO DEPARTMENT OF DEFENSE COALITION

SUPPORT FUNDS FOR PAKISTAN.— ‘‘(1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009, the Secretary of Defense shall submit to the appropriate congressional committees 

a report that contains a detailed description of efforts by the 

Secretary of Defense to address the findings and implement 

the recommendations made by the Government Accountability 

Office in its report entitled ‘Combating Terrorism: Increased 

Oversight and Accountability Needed Over Pakistan Reimbursement Claims for Coalition Support Funds’ (GAO-08-806; 

June 24, 2008). 

‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEE DEFINED.—In 

this subsection, the term ‘appropriate congressional committees’ has the meaning given the term in subsection (a)(5).’’. 

SEC. 1218. STUDY AND REPORT ON POLICE TRANSITION TEAMS TO 

TRAIN, ASSIST, AND ADVISE UNITS OF THE IRAQI POLICE 

SERVICE. 

(a) STUDY AND REPORT.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Government of Iraq, shall 

conduct a study and submit to the appropriate congressional committees a report containing the recommendations of the Secretary 

of Defense on— 

(1) the number of personnel required for Police Transition 

Teams to train, assist, and advise units of the Iraqi Police 

Service in fiscal year 2009 and in fiscal year 2010; 

(2) the funding required to support the level of personnel described in paragraph (1) in fiscal year 2009 and in fiscal year 

2010; and 


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(3) the feasibility of transferring responsibility for the provision of the personnel described in paragraph (1) and the support described in paragraph (2) from the Department of Defense to the Department of State. 

(b) FORM.—The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex if 

required. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services and the Committee on 

Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee on 

Foreign Relations of the Senate. 

Subtitle C—Other Matters 

SEC. 1231. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL 

COOPERATION PROGRAMS. 

(a) EXPANSION OF AUTHORITY FOR BILATERAL AND REGIONAL PRO- GRAMS TO COVER MULTILATERAL PROGRAMS.—Section 1051 of title 

10, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘a bilateral’’ and inserting 

‘‘a multilateral, bilateral,’’; and 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) by striking ‘‘to and’’ and inserting ‘‘to, from, and’’; 

and 

(ii) by striking ‘‘bilateral’’ and inserting ‘‘multilateral, bilateral,’’; and 

(B) in paragraph (2), by striking ‘‘bilateral’’ and inserting 

‘‘multilateral, bilateral,’’. 

(b) AVAILABILITY OF FUNDS FOR PROGRAMS AND ACTIVITIES

ACROSS FISCAL YEARS.— (1) IN GENERAL.—Such section is further amended by adding 

at the end the following new subsection: 

‘‘(e) Funds available to carry out this section shall be available, 

to the extent provided in appropriations Acts, for programs and activities under this section that begin in a fiscal year and end in the 

following fiscal year.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect on October 1, 2008, and shall apply with 

respect to programs and activities under section 1051 of title 

10, United States Code, as so amended, that begin on or after 

that date. 

(c) CONFORMING AND CLERICAL AMENDMENTS.— (1) HEADING AMENDMENT.—The heading of such section is 

amended to read as follows: 

‘‘§ 1051. Multilateral, bilateral, or regional cooperation programs: payment of personnel expenses’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 53 of such title is amended by striking the 

item relating to section 1051 and inserting the following new 

item: 


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‘‘1051. Multilateral, bilateral, or regional cooperation programs: payment of personnel expenses.’’. 

SEC. 1232. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN 

MULTINATIONAL MILITARY CENTERS OF EXCELLENCE. 

(a) PARTICIPATION AUTHORIZED.— 

(1) IN GENERAL.—Subchapter II of chapter 138 of title 10, 

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

‘‘§ 2350m. Participation in multinational military centers of 

excellence 

‘‘(a) PARTICIPATION AUTHORIZED.—The Secretary of Defense may, 

with the concurrence of the Secretary of State, authorize the participation of members of the armed forces and Department of Defense civilian personnel in any multinational military center of excellence for purposes of— 

‘‘(1) enhancing the ability of military forces and civilian personnel of the nations participating in such center to engage in 

joint exercises or coalition or international military operations; 

or 

‘‘(2) improving interoperability between the armed forces and 

the military forces of friendly foreign nations. 

‘‘(b) MEMORANDUM OF UNDERSTANDING.—(1) The participation of 

members of the armed forces or Department of Defense civilian 

personnel in a multinational military center of excellence under 

subsection (a) shall be in accordance with the terms of one or more 

memoranda of understanding entered into by the Secretary of Defense, with the concurrence of the Secretary of State, and the foreign nation or nations concerned. 

‘‘(2) If Department of Defense facilities, equipment, or funds are 

used to support a multinational military center of excellence under 

subsection (a), the memoranda of understanding under paragraph 

(1) with respect to that center shall provide details of any costsharing arrangement or other funding arrangement. 

‘‘(c) AVAILABILITY OF APPROPRIATED FUNDS.—(1) Funds appropriated to the Department of Defense for operation and maintenance are available as follows: 

‘‘(A) To pay the United States share of the operating expenses of any multinational military center of excellence in 

which the United States participates under this section. 

‘‘(B) To pay the costs of the participation of members of the 

armed forces and Department of Defense civilian personnel in 

multinational military centers of excellence under this section, 

including the costs of expenses of such participants. 

‘‘(2) No funds may be used under this section to fund the pay or 

salaries of members of the armed forces and Department of Defense civilian personnel who participate in multinational military 

centers of excellence under this section. 

‘‘(d) USE OF DEPARTMENT OF DEFENSE FACILITIES AND EQUIPMENT.—Facilities and equipment of the Department of Defense 

may be used for purposes of the support of multinational military 

centers of excellence under this section that are hosted by the Department. 


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‘‘(e) ANNUAL REPORTS ON USE OF AUTHORITY.—(1) Not later than 

October 31, 2009, and annually thereafter, the Secretary of Defense 

shall submit to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives a report on the use of the authority in this section during the 

preceding fiscal year. 

‘‘(2) Each report required by paragraph (1) shall include, for the 

fiscal year covered by such report, the following: 

‘‘(A) A detailed description of the participation of the Department of Defense, and of members of the armed forces and civilian personnel of the Department, in multinational military 

centers of excellence under the authority of this section. 

‘‘(B) For each multinational military center of excellence in 

which the Department of Defense, or members of the armed 

forces or civilian personnel of the Department, so participated— 

‘‘(i) a description of such multinational military center of 

excellence; 

‘‘(ii) a description of the activities participated in by the 

Department, or by members of the armed forces or civilian 

personnel of the Department; and 

‘‘(iii) a statement of the costs of the Department for such 

participation, including— 

‘‘(I) a statement of the United States share of the expenses of such center and a statement of the percentage of the United States share of the expenses of such 

center to the total expenses of such center; and 

‘‘(II) a statement of the amount of such costs (including a separate statement of the amount of costs paid 

for under the authority of this section by category of 

costs). 

‘‘(f) MULTINATIONAL MILITARY CENTER OF EXCELLENCE DEFINED.—In this section, the term ‘multinational military center of 

excellence’ means an entity sponsored by one or more nations that 

is accredited and approved by the Military Committee of the North 

Atlantic Treaty Organization (NATO) as offering recognized expertise and experience to personnel participating in the activities of 

such entity for the benefit of NATO by providing such personnel 

opportunities to— 

‘‘(1) enhance education and training; 

‘‘(2) improve interoperability and capabilities; 

‘‘(3) assist in the development of doctrine; and 

‘‘(4) validate concepts through experimentation.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter II of chapter 138 of such title is amended by adding at the end the following new item: 

‘‘2350m. Participation in multinational military centers of excellence.’’. 

(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 1205 of the 

John Warner National Defense Authorization Act for Fiscal Year 

2007 (Public Law 109–364; 120 Stat. 2416) is repealed. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2008. 


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SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY DEFENSE CONTRACTORS IN CERTAIN SPACE ACTIVITIES OF 

THE PEOPLE’S REPUBLIC OF CHINA. 

(a) REVIEW REQUIRED.—The Secretary of Defense shall conduct a 

review to determine whether there are any security risks associated with participation by covered contractors in certain space activities of the People’s Republic of China. 

(b) MATTERS TO BE INCLUDED.—The review required under subsection (a) shall include, at a minimum, a review of the following: 

(1) Whether there have been any incidents with respect to 

which a determination has been made that an improper disclosure of covered information by a covered contractor has occurred during the five-year period ending on the date of the enactment of this Act. 

(2) The increase, if any, in the number of covered contractors 

expected to occur during the 5-year period beginning on the 

date of the enactment of this Act. 

(3) The extent to which the policies and procedures of the 

Department of Defense are sufficient to protect against the improper disclosure of covered information by a covered contractor during the 5-year period beginning on the date of the 

enactment of this Act. 

(4) The Secretary’s conclusions regarding awards of contracts 

by the Department of Defense to covered contractors after the 

date of the enactment of this Act. 

(5) Any other matters that the Secretary determines to be 

appropriate to include in the review. 

(c) COOPERATION FROM OTHER DEPARTMENTS AND AGENCIES.— 

The Secretary of State, the Director of National Intelligence, and 

the head of any other United States Government department or 

agency shall cooperate in a complete and timely manner to provide 

the Secretary of Defense with data and other information necessary 

for the Secretary of Defense to carry out the review required under 

subsection (a). 

(d) REPORT.— 

(1) IN GENERAL.—Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense 

committees a report on the review required under subsection 

(a). 

(2) FORM.—The report required under this subsection shall 

include a summary in unclassified form to the maximum extent practicable. 

(e) DEFINITIONS.—In this section: 

(1) CERTAIN SPACE ACTIVITIES OF THE PEOPLE’S REPUBLIC OF

CHINA.—The term ‘‘certain space activities of the People’s Republic of China’’ means— 

(A) the development or manufacture of satellites for 

launch from the People’s Republic of China; and 

(B) the launch of satellites from the People’s Republic of 

China. 

(2) COVERED CONTRACTOR.—The term ‘‘covered contractor’’ 

means a contractor of the Department of Defense, and any subcontractor (at any tier) of the contractor, that— 

(A) has access to covered information; and 


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(B) participates, or is part of a joint venture that participates, or whose parent, sister, subsidiary, or affiliate company participates, in certain space activities in the People’s Republic of China. 

(3) COVERED INFORMATION.—The term ‘‘covered information’’ 

means classified information and sensitive controlled unclassified information obtained under contracts (or subcontracts of 

such contracts) of the Department of Defense. 

SEC. 1234. REPORT ON IRAN’S CAPABILITY TO PRODUCE NUCLEAR 

WEAPONS. 

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

of the enactment of this Act, and annually thereafter, the Director 

of National Intelligence shall submit to Congress a report on Iran’s 

capability to produce nuclear weapons. The report required under 

this subsection may be submitted in classified form. 

(b) MATTERS TO BE INCLUDED.—The report required under subsection (a) shall include the following: 

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

specialized equipment necessary for the enrichment of uranium 

and any plans to acquire, manufacture, and operate such 

equipment in the future. 

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

date, an estimate of the amount of weapons grade plutonium 

that is likely to be produced or acquired in the near- and midterms and the amount of highly enriched uranium that is likely to be produced or acquired in the near- and mid-terms, and 

the number of nuclear weapons that could be produced with 

such materials. 

(3) A evaluation of the extent to which security and safeguards at any nuclear site prevent, slow, verify, or help monitor the enrichment of uranium or the reprocessing of plutonium into weapons-grade materials. 

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

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

weapons-related components. 

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

or improve methods to deliver nuclear weapons, including an 

assessment of the likely progress of such programs in the nearand mid-terms. 

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

States of Iran’s nuclear weapons program and nuclear-capable 

delivery systems programs. 

(c) NOTIFICATION.—The President shall notify Congress, in writing, within 15 days of determining that— 

(1) Iran has resumed a nuclear weapons program; 

(2) Iran has met or surpassed any major milestone in its nuclear weapons program; or 

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

the development of any significant element within its nuclear 

weapons program. 


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SEC. 1235. EMPLOYMENT FOR RESETTLED IRAQIS. 

(a) IN GENERAL.—The Secretary of Defense and the Secretary of 

State are authorized to jointly establish and operate a temporary 

program to offer employment as translators, interpreters, or cultural awareness instructors to individuals described in subsection 

(b). Individuals described in such subsection may be appointed to 

temporary positions of one year or less outside Iraq with either the 

Department of Defense or the Department of State, without competition and without regard for the provisions of chapter 51 and 

subchapter III of chapter 53 of title 5, United States Code. Such 

individuals may also be hired as personal services contractors by 

either of such Departments to provide translation, interpreting, or 

cultural awareness instruction, except that such individuals so 

hired shall not by virtue of such employment be considered employees of the United States Government, except for purposes of chapter 81 of title 5, United States Code, and chapter 171 of title 28, 

United States Code. 

(b) ELIGIBILITY.—Individuals referred to in subsection (a) are 

Iraqi nationals who— 

(1) have received a special immigrant visa issued pursuant 

to section 1059 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163) or section 1244 of the 

National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181); and 

(2) are lawfully present in the United States. 

(c) FUNDING.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

program established under subsection (a) shall be funded from 

the annual general operating budget of the Department of Defense. 

(2) EXCEPTION.—The Secretary of State shall reimburse the 

Department of Defense for any costs associated with individuals described in subsection (b) whose work is for or on behalf 

of the Department of State. 

(d) RULE OF CONSTRUCTION REGARDING ACCESS TO CLASSIFIED

INFORMATION.—Nothing in this section may be construed as affecting in any manner practices and procedures regarding the handling 

of or access to classified information. 

(e) INFORMATION SHARING.—The Secretary of Defense and the 

Secretary of State shall work with the Secretary of Homeland Security and the Office of Refugee Resettlement of the Department of 

Health and Human Services to ensure that individuals described in 

subsection (b) are informed of the program established under subsection (a). 

(f) REGULATION.—The Secretary of Defense, jointly with the Secretary of State and with the concurrence of the Director of the Office of Personnel Management, shall prescribe such regulations as 

are necessary to carry out the program established under subsection (a), including ensuring the suitability for employment described in subsection (a) of individuals described in subsection (b), 

determining the number of positions, and establishing pay scales 

and hiring procedures. 

(g) TERMINATION.— 


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(1) IN GENERAL.—Except as provided in paragraph (2), the 

program established under subsection (a) shall terminate on 

December 31, 2014. 

(2) EARLIER TERMINATION.—If the Secretary of Defense, jointly with the Secretary of State, determines that the program established under subsection (a) should terminate before the date 

specified in paragraph (1), the Secretaries may terminate the 

program if the Secretaries notify Congress in writing of such 

termination at least 180 days before such termination. 

SEC. 1236. EXTENSION AND MODIFICATION OF UPDATES ON REPORT 

ON CLAIMS RELATING TO THE BOMBING OF THE 

LABELLE DISCOTHEQUE. 

Section 1225(b) of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3465), as amended by section 1261(1)(B) of the National Defense Authorization Act 

for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 405), is further amended— 

(1) in paragraph (2)— 

(A) by striking ‘‘Not later than one year after enactment 

of this Act, and not later than two years after enactment 

of this Act’’ and inserting ‘‘Not later than 90 days after the 

date of the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, and every 

180 days thereafter’’; and 

(B) by adding at the end the following new sentence: 

‘‘Each update under this paragraph after the date of the 

enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 shall be submitted in 

unclassified form, but may include a classified annex.’’; 

and 

(2) by adding at the end the following new paragraph: 

‘‘(3) TERMINATION.—The requirement to submit updates 

under paragraph (2) shall terminate upon submission by the 

Secretary of State to Congress of the certification described in 

section 5(a)(2) of the Libya Claims Resolution Act (Public Law 

110–301; 122 Stat. 3000).’’. 

SEC. 1237. REPORT ON UTILIZATION OF CERTAIN GLOBAL PARTNERSHIP AUTHORITIES. 

(a) IN GENERAL.—Not later than December 31, 2010, the Secretary of Defense and the Secretary of State shall jointly submit to 

the appropriate committees of Congress a report on the implementation of the Building Global Partnership authorities during the period beginning on the date of the enactment of this Act and ending 

on September 30, 2010. 

(b) ELEMENTS.—The report required by subsection (a) shall include the following: 

(1) A detailed summary of the programs conducted under the 

Building Global Partnership authorities during the period covered by the report, including, for each country receiving assistance under such a program, a description of the assistance provided and its cost. 

(2) An assessment of the impact of the assistance provided 

under the Building Global Partnership authorities with respect 

to each country receiving assistance under such authorities. 


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(3) A description of— 

(A) the processes used by the Department of Defense 

and the Department of State to jointly formulate, 

prioritize, and select projects to be funded under the Building Global Partnership authorities; and 

(B) the processes, if any, used by the Department of Defense and the Department of State to evaluate the success 

of each project so funded after its completion. 

(4) A statement of the projects initiated under the Building 

Global Partnership authorities that were subsequently 

transitioned to and sustained under the authorities of the Foreign Assistance Act of 1961 or other authorities. 

(5) An assessment of the utility of the Building Global Partnership authorities, and of any gaps in such authorities, including an assessment of the feasability and advisability of 

continuing such authorities beyond their current dates of expiration (whether in their current form or with such modifications as the Secretary of Defense and the Secretary of State 

jointly consider appropriate). 

(c) DEFINITIONS.—In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee on 

Appropriations, and the Committee on Foreign Relations of 

the Senate; and 

(B) the Committee on Armed Services, the Committee on 

Appropriations, and the Committee on Foreign Affairs of 

the House of Representatives. 

(2) BUILDING GLOBAL PARTNERSHIP AUTHORITIES.—The term 

‘‘Building Global Partnership authorities’’ means the following: 

(A) AUTHORITY FOR BUILDING CAPACITY OF FOREIGN MILITARY FORCES.—The authorities provided in section 1206 of 

the National Defense Authorization Act for Fiscal Year 

2006 (Public Law 109–163; 119 Stat. 3456), as amended by 

section 1206 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 

Stat. 2418) and section 1206 of this Act. 

(B) AUTHORITY FOR SECURITY AND STABILIZATION ASSISTANCE.—The authorities provided in section 1207 of the National Defense Authorization Act for Fiscal Year 2006 (119 

Stat. 3458), as amended by section 1210 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181; 122 Stat. 369) and section 1207 of this Act. 

(C) CIVIC ASSISTANCE AUTHORITIES UNDER COMBATANT

COMMANDER INITIATIVE FUND.—The authority to engage in 

urgent and unanticipated civic assistance under the Combatant Commander Initiative Fund under section 

166a(b)(6) of title 10, United States Code, as a result of the 

amendments made by section 902 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (120 

Stat. 2351). 


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SEC. 1238. MODIFICATION AND REPEAL OF REQUIREMENT TO SUBMIT 

CERTAIN ANNUAL REPORTS TO CONGRESS REGARDING 

ALLIED CONTRIBUTIONS TO THE COMMON DEFENSE. 

(a) MODIFICATION OF CERTAIN REPORTS ON ALLIED CONTRIBUTIONS TO THE COMMON DEFENSE.—Section 1003 of the Department 

of Defense Authorization Act, 1985 (Public Law 98–525; 98 Stat. 

2576) is amended— 

(1) by striking subsections (c) and (d); and 

(2) adding at the end the following new subsections: 

‘‘(c) The Secretary of Defense shall submit to the Committee on 

Armed Services of the Senate and the Committee on Armed Services of the House of Representatives each year, not later than 

March 1, a report containing a description of— 

‘‘(1) annual defense spending by each member nation of 

NATO, by each member nation of the Euro-Atlantic Partnership Council (EAPC), and by Japan, including available nominal budget figures and defense spending as a percentage of the 

respective nation’s gross domestic product for the fiscal year 

immediately preceding the fiscal year in which the report is 

submitted; 

‘‘(2) activities of each NATO member nation, each EAPC 

member nation, and Japan to contribute to military or stability 

operations in which the United States Armed Forces are a participant; 

‘‘(3) any limitations that such nations place on the use of 

their national contributions described in paragraph (2); and 

‘‘(4) any actions undertaken by the United States Government to minimize those limitations described in paragraph (3). 

‘‘(d) The report required under subsection (c) shall be submitted 

in unclassified form, but may include a classified annex.’’ 

(b) REPEAL OF REPORT ON COST-SHARING.—Section 1313 of the 

National Defense Authorization Act for Fiscal Year 1995 (Public 

Law 103–337; 108 Stat. 2894) is amended— 

(1) by striking subsection (c); and 

(2) by redesignating subsection (d) as subsections (c). 

TITLE XIII—COOPERATIVE THREAT 

REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 

PROGRAMS AND FUNDS. 

(a) SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.—For purposes of section 301 and other provisions of this 

Act, Cooperative Threat Reduction programs are the programs 

specified in section 1501 of the National Defense Authorization Act 

for Fiscal Year 1997 (50 U.S.C. 2362 note). 

(b) FISCAL YEAR 2009 COOPERATIVE THREAT REDUCTION FUNDS

DEFINED.—As used in this title, the term ‘‘fiscal year 2009 Cooperative Threat Reduction funds’’ means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs. 


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(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to the 

authorization of appropriations in section 301 for Cooperative 

Threat Reduction programs shall be available for obligation for fiscal years 2009, 2010, and 2011. 

SEC. 1302. FUNDING ALLOCATIONS. 

(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $434,135,000 authorized to be appropriated to the Department of Defense for fiscal 

year 2009 in section 301(19) for Cooperative Threat Reduction programs, the following amounts may be obligated for the purposes 

specified: 

(1) For strategic offensive arms elimination in Russia, 

$79,985,000. 

(2) For strategic nuclear arms elimination in Ukraine, 

$6,400,000. 

(3) For nuclear weapons storage security in Russia, 

$24,101,000. 

(4) For nuclear weapons transportation security in Russia, 

$40,800,000. 

(5) For weapons of mass destruction proliferation prevention 

in the states of the former Soviet Union, $59,286,000. 

(6) For biological threat reduction in the former Soviet 

Union, $184,463,000. 

(7) For chemical weapons destruction, $1,000,000. 

(8) For defense and military contacts, $8,000,000. 

(9) For new Cooperative Threat Reduction initiatives, 

$10,000,000. 

(10) For activities designated as Other Assessments/Administrative Costs, $20,100,000. 

(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR

OTHER PURPOSES.—No fiscal year 2009 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than 

a purpose listed in paragraphs (1) through (10) of subsection (a) 

until 15 days after the date that the Secretary of Defense submits 

to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as 

authorizing the obligation or expenditure of fiscal year 2009 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under 

this title or any other provision of law. 

(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.— 

(1) IN GENERAL.—Subject to paragraph (2), in any case in 

which the Secretary of Defense determines that it is necessary 

to do so in the national interest, the Secretary may obligate 

amounts appropriated for fiscal year 2009 for a purpose listed 

in paragraphs (1) through (10) of subsection (a) in excess of the 

specific amount authorized for that purpose. 

(2) NOTICE-AND-WAIT REQUIRED.—An obligation of funds for 

a purpose stated in paragraphs (1) through (10) of subsection 

(a) in excess of the specific amount authorized for such purpose 

may be made using the authority provided in paragraph (1) 

only after— 


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(A) the Secretary submits to Congress notification of the 

intent to do so together with a complete discussion of the 

justification for doing so; and 

(B) 15 days have elapsed following the date of the notification. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Defense Health Program. 

Sec. 1404. Chemical agents and munitions destruction, defense. 

Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1406. Defense Inspector General. 

Sec. 1407. National Defense Sealift Fund amendments. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authorized uses of National Defense Stockpile funds. 

Sec. 1412. Revisions to previously authorized disposals from the National Defense 

Stockpile. 

Subtitle C—Armed Forces Retirement Home 

Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 

Subtitle A—Military Programs 

SEC. 1401. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2009 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working 

capital and revolving funds in amounts as follows: (1) For the Defense Working Capital Funds, $198,150,000. 

(2) For the Defense Working Capital Fund, Defense Commissary, $1,291,084,000. 

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

Funds are hereby authorized to be appropriated for fiscal year 

2009 for the National Defense Sealift Fund in the amount of 

$1,608,572,000. 

SEC. 1403. DEFENSE HEALTH PROGRAM. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for the Department of Defense for fiscal 

year 2009 for expenses, not otherwise provided for, for the Defense 

Health Program, in the amount of $24,966,917,000, of which— 

(1) $24,467,074,000 is for Operation and Maintenance; 

(2) $195,938,000 is for Research, Development, Test, and 

Evaluation; and 

(3) $303,905,000 is for Procurement. 

(b) SOURCE OF CERTAIN FUNDS.—Of the amount available under 

subsection (a), $1,300,000,000 shall, to the extent provided in advance in an Act making appropriations for fiscal year 2009, be 

available by transfer from the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the 

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h). 


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SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for the Department of Defense for fiscal 

year 2009 for expenses, not otherwise provided for, for Chemical 

Agents and Munitions Destruction, Defense, in the amount of 

$1,485,634,000, of which— 

(1) $1,152,668,000 is for Operation and Maintenance; 

(2) $268,881,000 is for Research, Development, Test, and 

Evaluation; and 

(3) $64,085,000 is for Procurement. 

(b) USE.—Amounts authorized to be appropriated under subsection (a) are authorized for— 

(1) the destruction of lethal chemical agents and munitions 

in accordance with section 1412 of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521); and 

(2) the destruction of chemical warfare materiel of the 

United States that is not covered by section 1412 of such Act. 

SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2009 for expenses, not otherwise 

provided for, for Drug Interdiction and Counter-Drug Activities, 

Defense-wide, in the amount of $1,060,463,000. 

SEC. 1406. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2009 for expenses, not otherwise 

provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $273,845,000, of which— 

(1) $270,445,000 is for Operation and Maintenance; and 

(2) $3,400,000 is for Procurement. 

SEC. 1407. NATIONAL DEFENSE SEALIFT FUND AMENDMENTS. 

Section 2218 of title 10, United States Code, is amended— 

(1) by striking subsection (j) and redesignating subsections 

(k) and (l) as subsections (j) and (k), respectively; and 

(2) in paragraph (2) of subsection (k) (as so redesignated), by 

striking subparagraphs (B) thru (I) and inserting the following 

new subparagraph (B): 

‘‘(B) Any other auxiliary vessel that was procured or chartered with specific authorization in law for the vessel, or class 

of vessels, to be funded in the National Defense Sealift Fund.’’. 

Subtitle B—National Defense Stockpile 

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 

FUNDS. 

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2009, 

the National Defense Stockpile Manager may obligate up to 

$41,153,000 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the 

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 

for the authorized uses of such funds under subsection (b)(2) of 


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such section, including the disposal of hazardous materials that are 

environmentally sensitive. 

(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 

Manager may obligate amounts in excess of the amount specified 

in subsection (a) if the National Defense Stockpile Manager notifies 

Congress that extraordinary or emergency conditions necessitate 

the additional obligations. The National Defense Stockpile Manager 

may make the additional obligations described in the notification 

after the end of the 45-day period beginning on the date on which 

Congress receives the notification. 

(c) LIMITATIONS.—The authorities provided by this section shall 

be subject to such limitations as may be provided in appropriations 

Acts. 

SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DISPOSALS FROM 

THE NATIONAL DEFENSE STOCKPILE. 

(a) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Section 3303(a)(7) 

of the Strom Thurmond National Defense Authorization Act for 

Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 98d note), as 

most recently amended by section 1412(b) of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 418), is further amended by striking ‘‘$1,066,000,000 by the 

end of fiscal year 2015’’ and inserting ‘‘$1,386,000,000 by the end 

of fiscal year 2016’’. 

(b) FISCAL YEAR 1998 DISPOSAL AUTHORITY.—Section 3305(a)(5) 

of the National Defense Authorization Act for Fiscal Year 1998 

(Public Law 105–85; 50 U.S.C. 98d note), as most recently amended 

by section 3302(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2513), 

is further amended by striking ‘‘2008’’ and inserting ‘‘2009’’. 

Subtitle C—Armed Forces Retirement 

Home 

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 

RETIREMENT HOME. 

There is authorized to be appropriated for fiscal year 2009 from 

the Armed Forces Retirement Home Trust Fund the sum of 

$63,010,000 for the operation of the Armed Forces Retirement 

Home. 

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

Sec. 1501. Authorization of additional appropriations for operations in Afghanistan 

and Iraq for fiscal year 2009. 

Sec. 1502. Requirement for separate display of budgets for Afghanistan and Iraq. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Science and technology investment strategy to defeat or counter improvised explosive devices. 

Sec. 1505. Limitations on Iraq Security Forces Fund. 


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Sec. 1506. Limitations on Afghanistan Security Forces Fund. 

Sec. 1507. Special transfer authority. 

Sec. 1508. Prohibition on use of United States funds for certain facilities projects 

in Iraq and contributions by the Government of Iraq to combined operations and other activities in Iraq. 

SEC. 1501. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OPERATIONS IN AFGHANISTAN AND IRAQ FOR FISCAL 

YEAR 2009. 

(a) AUTHORIZATION OF PREVIOUSLY APPROPRIATED AMOUNTS.—In 

addition to the amounts otherwise authorized to be appropriated by 

division A of this Act, the amounts appropriated for fiscal year 

2009 in chapter 2 of title IX of the Supplemental Appropriations 

Act, 2008 (Public Law 110–252; 122 Stat. 2405–2414) are hereby 

authorized to be appropriated. 

(b) ADDITIONAL AUTHORIZATION.—In addition to the amounts otherwise authorized to be appropriated by division A of this Act and 

subsection (a), funds in the amount of $2,076,000,000 are hereby 

authorized to be appropriated for aircraft procurement, Air Force, 

for the purpose of acquiring six C–17 aircraft. 

SEC. 1502. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGETS FOR 

AFGHANISTAN AND IRAQ. 

(a) OPERATIONS IN IRAQ AND AFGHANISTAN.—In any annual or 

supplemental budget request for the Department of Defense that is 

submitted to Congress after the date of the enactment of this Act, 

the Secretary of Defense shall set forth separately any funding requested in such budget request for— 

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

and 

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

(b) SPECIFICITY OF DISPLAY.—Each budget request covered by 

subsection (a) shall, for any funding requested for operations in 

Iraq or Afghanistan— 

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

level; and 

(2) include a detailed description of the assumptions underlying the funding for the period covered by the budget request, 

including the anticipated troop levels, the operations intended 

to be carried out, and the equipment reset requirements necessary to support such operations. 

SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 

(a) USE AND TRANSFER OF FUNDS.—Subsections (b) and (c) of section 1514 of the John Warner National Defense Authorization Act 

for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), as 

amended by subsection (b), shall apply to the funds appropriated 

pursuant to the authorization of appropriations in section 1501 of 

this Act and made available to the Department of Defense for the 

Joint Improvised Explosive Device Defeat Fund. 

(b) MODIFICATION OF FUNDS TRANSFER AUTHORITY.—Section 

1514(c)(1) of the John Warner National Defense Authorization Act 

for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439) is 

amended— 

(1) by striking subparagraph (A); and 


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

(c) PRIOR NOTICE OF TRANSFER OF FUNDS.—Section 1514(c)(4) of 

the John Warner National Defense Authorization Act for Fiscal 

Year 2007 (Public Law 109–364; 120 Stat. 2439) is amended by inserting after ‘‘five days’’ the following: ‘‘(in the case of the obligation 

of funds) or 15 days (in the case of a transfer of funds)’’. 

(d) MONTHLY OBLIGATIONS AND EXPENDITURE REPORTS.—Not 

later than 15 days after the end of each month of fiscal year 2009, 

the Secretary of Defense shall provide to the congressional defense 

committees a report on the Joint Improvised Explosive Device Defeat Fund explaining monthly commitments, obligations, and expenditures by line of action. 

(e) MODIFICATION OF SUBMITTAL DATE OF OTHER REPORTS.—Section 1514(e) of the John Warner National Defense Authorization 

Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2440) is 

amended by striking ‘‘30 days’’ and inserting ‘‘60 days’’. 

SEC. 1504. SCIENCE AND TECHNOLOGY INVESTMENT STRATEGY TO 

DEFEAT OR COUNTER IMPROVISED EXPLOSIVE DEVICES. 

(a) STRATEGY REQUIRED.—The Director of the Joint Improvised 

Explosive Device Defeat Organization (JIEDDO), jointly with the 

Director of Defense Research and Engineering, shall develop a comprehensive science and technology investment strategy for countering the threat of improvised explosive devices (IEDs). 

(b) ELEMENTS.—The strategy developed under subsection (a) 

shall include the following: 

(1) Identification of counter-IED capability gaps. 

(2) A taxonomy describing the major technical areas for the 

Department of Defense to address the counter-IED capability 

gaps and in which science and technology funding investments 

should be made. 

(3) Identification of funded programs to develop or mature 

technologies from or to the level of system or subsystem model 

or prototype demonstration in a relevant environment, and investment levels for those initiatives. 

(4) Identification of JIEDDO’s mechanisms for coordinating 

Department of Defense and Federal Government science and 

technology activities in areas covered by the strategy. 

(5) Identification of technology transition mechanisms developed or utilized to efficiently transition technologies to acquisition programs of the Department of Defense or into operational 

use, including a summary of counter-IED technologies 

transitioned from JIEDDO, the military departments, and 

other Defense Agencies to the acquisition programs or into 

operational use. 

(6) Identification of high priority basic research efforts that 

should be addressed through JIEDDO or other Department of 

Defense activities to support development of next generation 

IED defeat capabilities. 

(7) Identification of barriers or issues, such as industrial 

base, workforce, or statutory or regulatory barriers, that could 

hinder the efficient and effective development and operational 

use of advanced IED defeat capabilities, and discussion of activities undertaken to address them. 


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(8) Identification of the measures of effectiveness for the 

overall Department of Defense science and technology counterIED effort. 

(9) Such other matters as the Director of the JIEDDO and 

the Director of Defense Research and Engineering consider appropriate. 

(c) REPORT.—Not later than March 1, 2009, and each March 1 

thereafter through March 1, 2013, the Director of the JIEDDO and 

the Director of Defense Research and Engineering shall jointly submit to the congressional defense committees a report describing the 

implementation of the strategy developed under subsection (a). The 

report may be in unclassified and classified format, as necessary. 

SEC. 1505. LIMITATIONS ON IRAQ SECURITY FORCES FUND. 

Funds appropriated pursuant to the authorization of appropriations in section 1501 of this Act or in the Supplemental Appropriations Act, 2008 (Public Law 110–252; 122 Stat. 2407) and made 

available to the Department of Defense for the Iraq Security Forces 

Fund shall be subject to the conditions contained in subsections (b) 

through (g) of section 1512 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 426). 

SEC. 1506. LIMITATIONS ON AFGHANISTAN SECURITY FORCES FUND. 

Funds appropriated pursuant to the authorization of appropriations in section 1501 of this Act or in the Supplemental Appropriations Act, 2008 (Public Law 110–252; 122 Stat. 2407) and made 

available to the Department of Defense for the Afghanistan Security Forces Fund shall be subject to the conditions contained in 

subsections (b) through (g) of section 1513 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 428). 

SEC. 1507. SPECIAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of Defense that such action is necessary in the national interest, the 

Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 

2009 between any such authorizations for that fiscal year (or 

any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. 

(2) LIMITATION.—The total amount of authorizations that the 

Secretary may transfer under the authority of this section may 

not exceed $4,000,000,000. 

(b) TERMS AND CONDITIONS.—Transfers under this section shall 

be subject to the same terms and conditions as transfers under section 1001. 

(c) ADDITIONAL AUTHORITY.—The transfer authority provided by 

this section is in addition to the transfer authority provided under 

section 1001. 


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

(a) PROHIBITION RELATED TO FACILITIES FOR GOVERNMENT OF

IRAQ.— 

(1) PROHIBITION ON AVAILABILITY OF UNITED STATES FUNDS

FOR PROJECTS.—Except as provided in paragraph (2), amounts 

authorized to be appropriated by this title may not be obligated 

or expended for the acquisition, conversion, rehabilitation, or 

installation of facilities in Iraq for the use of the Government 

of Iraq, political subdivisions of Iraq, or agencies, departments, 

or forces of the Government of Iraq or such political subdivisions. 

(2) EXCEPTIONS.— 

(A) EXCEPTION FOR CERP.—The prohibition in paragraph 

(1) does not apply to amounts authorized to be appropriated by this title for the Commanders’ Emergency Response Program (CERP). 

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

Code), carried out in Iraq. 

(C) EXCEPTION FOR TECHNICAL ASSISTANCE.—The prohibition in paragraph (1) does not apply to the provision of 

technical assistance necessary to assist the Government of 

Iraq to carry out facilities projects on its own behalf. 

(b) COMBINED OPERATIONS.— 

(1) COST SHARING.—The United States Government shall initiate negotiations with the Government of Iraq on an agreement under which the Government of Iraq shall share with the 

United States Government the costs of combined operations of 

the Government of Iraq and the Multi-National Forces Iraq undertaken as part of Operation Iraqi Freedom. 

(2) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall, in conjunction 

with the Secretary of Defense, submit to Congress a report describing the status of negotiations under paragraph (1). 

(c) IRAQI SECURITY FORCES.— 

(1) USE OF IRAQ FUNDS.—The United States Government 

shall take actions to ensure that Iraq funds are used to pay the 

costs of the salaries, training, equipping, and sustainment of 

Iraqi Security Forces. 

(2) REPORTS.—Not later than 90 days after the date of the 

enactment of this Act, and every 180 days thereafter, the 

President shall submit to Congress a report setting forth an assessment of the progress made in meeting the requirements of 

paragraph (1). 


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TITLE XVI—RECONSTRUCTION AND 

STABILIZATION CIVILIAN MANAGEMENT 

Sec. 1601. Short title. 

Sec. 1602. Findings. 

Sec. 1603. Definitions. 

Sec. 1604. Authority to provide assistance for reconstruction and stabilization crises. 

Sec. 1605. Reconstruction and stabilization. 

Sec. 1606. Authorities related to personnel. 

Sec. 1607. Reconstruction and stabilization strategy. 

Sec. 1608. Annual reports to Congress. 

SEC. 1601. SHORT TITLE. 

This title may be cited as the ‘‘Reconstruction and Stabilization 

Civilian Management Act of 2008’’. 

SEC. 1602. FINDINGS. 

Congress finds the following: 

(1) In June 2004, the Office of the Coordinator for Reconstruction and Stabilization (referred to as the ‘‘Coordinator’’) 

was established in the Department of State with the mandate 

to lead, coordinate, and institutionalize United States Government civilian capacity to prevent or prepare for post-conflict 

situations and help reconstruct and stabilize a country or region that is at risk of, in, or is in transition from, conflict or 

civil strife. 

(2) In December 2005, the Coordinator’s mandate was reaffirmed by the National Security Presidential Directive 44, 

which instructed the Secretary of State, and at the Secretary’s 

direction, the Coordinator, to coordinate and lead integrated 

United States Government efforts, involving all United States 

departments and agencies with relevant capabilities, to prepare, plan for, and conduct reconstruction and stabilization operations. 

(3) National Security Presidential Directive 44 assigns to the 

Secretary, with the Coordinator’s assistance, the lead role to 

develop reconstruction and stabilization strategies, ensure civilian interagency program and policy coordination, coordinate 

interagency processes to identify countries at risk of instability, 

provide decision-makers with detailed options for an integrated 

United States Government response in connection with reconstruction and stabilization operations, and carry out a wide 

range of other actions, including the development of a civilian 

surge capacity to meet reconstruction and stabilization emergencies. The Secretary and the Coordinator are also charged 

with coordinating with the Department of Defense on reconstruction and stabilization responses, and integrating planning 

and implementing procedures. 

(4) The Department of Defense issued Directive 3000.05, 

which establishes that stability operations are a core United 

States military mission that the Department of Defense must 

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sibilities within the Department of Defense for planning, training, and preparing to conduct and support stability operations. 

(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. 

SEC. 1603. DEFINITIONS. 

In this title: 

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

Administrator of the United States Agency for International 

Development. 

(2) AGENCY.—The term ‘‘agency’’ means any entity included 

in chapter 1 of title 5, United States Code. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means the Committee 

on Foreign Affairs of the House of Representatives and the 

Committee on Foreign Relations of the Senate. 

(4) DEPARTMENT.—Except as otherwise provided in this title, 

the term ‘‘Department’’ means the Department of State. 

(5) PERSONNEL.—The term ‘‘personnel’’ means individuals 

serving in any service described in section 2101 of title 5, 

United States Code, other than in the legislative or judicial 

branch. 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of State. 

SEC. 1604. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION AND STABILIZATION CRISES. 

Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 

U.S.C. 2351 et seq.) is amended by inserting after section 617 the 

following new section: 

‘‘SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION 

CRISIS. 

‘‘(a) ASSISTANCE.— 

‘‘(1) IN GENERAL.—If the President determines that it is in 

the national security interests of the United States for United 

States civilian agencies or non-Federal employees to assist in 

reconstructing and stabilizing a country or region that is at 

risk of, in, or is in transition from, conflict or civil strife, the 

President may, in accordance with the provisions set forth in 

section 614(a)(3), but notwithstanding any other provision of 

law, and on such terms and conditions as the President may 

determine, furnish assistance to such country or region for reconstruction or stabilization using funds described in paragraph (2). 

‘‘(2) FUNDS DESCRIBED.—The funds referred to in paragraph 

(1) are funds made available under any other provision of this 

Act, and transferred or reprogrammed for purposes of this section, and such transfer or reprogramming shall be subject to 

the procedures applicable to a notification under section 634A 

of this Act. 


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‘‘(3) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to provide authority to transfer funds between accounts or between Federal departments or agencies. 

‘‘(b) LIMITATION.—The authority contained in this section may be 

exercised only during fiscal years 2009, 2010, and 2011.’’. 

SEC. 1605. RECONSTRUCTION AND STABILIZATION. 

Title I of the State Department Basic Authorities Act of 1956 (22 

U.S.C. 2651a et seq.) is amended by adding at the end the following new section: 

‘‘SEC. 62. RECONSTRUCTION AND STABILIZATION. 

‘‘(a) OFFICE OF THE COORDINATOR FOR RECONSTRUCTION AND STABILIZATION.— 

‘‘(1) ESTABLISHMENT.—There is established within the Department of State the Office of the Coordinator for Reconstruction and Stabilization. 

‘‘(2) COORDINATOR FOR RECONSTRUCTION AND STABILIZATION.—The head of the Office shall be the Coordinator for Reconstruction and Stabilization, who shall be appointed by the 

President, by and with the advice and consent of the Senate. 

The Coordinator shall report directly to the Secretary. 

‘‘(3) FUNCTIONS.—The functions of the Office of the Coordinator for Reconstruction and Stabilization shall include the following: 

‘‘(A) Monitoring, in coordination with relevant bureaus 

and offices of the Department of State and the United 

States Agency for International Development (USAID), political and economic instability worldwide to anticipate the 

need for mobilizing United States and international assistance for the reconstruction and stabilization of a country 

or region that is at risk of, in, or are in transition from, 

conflict or civil strife. 

‘‘(B) Assessing the various types of reconstruction and 

stabilization crises that could occur and cataloging and 

monitoring the non-military resources and capabilities of 

agencies (as such term is defined in section 1603 of the Reconstruction and Stabilization Civilian Management Act of 

2008) that are available to address such crises. 

‘‘(C) Planning, in conjunction with USAID, to address requirements, such as demobilization, disarmament, rebuilding of civil society, policing, human rights monitoring, and 

public information, that commonly arise in reconstruction 

and stabilization crises. 

‘‘(D) Coordinating with relevant agencies to develop 

interagency contingency plans and procedures to mobilize 

and deploy civilian personnel and conduct reconstruction 

and stabilization operations to address the various types of 

such crises. 

‘‘(E) Entering into appropriate arrangements with agencies to carry out activities under this section and the Reconstruction and Stabilization Civilian Management Act of 

2008. 

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ticipate in the Civilian Reserve Corps established under 

subsection (b) or to otherwise participate in or contribute 

to reconstruction and stabilization activities. 

‘‘(G) Taking steps to ensure that training and education 

of civilian personnel to perform such reconstruction and 

stabilization activities is adequate and is carried out, as 

appropriate, with other agencies involved with stabilization operations. 

‘‘(H) Taking steps to ensure that plans for United States 

reconstruction and stabilization operations are coordinated 

with and complementary to reconstruction and stabilization activities of other governments and international and 

nongovernmental organizations, to improve effectiveness 

and avoid duplication. 

‘‘(I) Maintaining the capacity to field on short notice an 

evaluation team consisting of personnel from all relevant 

agencies to undertake on-site needs assessment. 

‘‘(b) RESPONSE READINESS CORPS.— ‘‘(1) RESPONSE READINESS CORPS.—The Secretary, in consultation with the Administrator of the United States Agency 

for International Development and the heads of other appropriate agencies of the United States Government, may establish and maintain a Response Readiness Corps (referred to in 

this section as the ‘Corps’) to provide assistance in support of 

reconstruction and stabilization operations in countries or regions that are at risk of, in, or are in transition from, conflict 

or civil strife. The Corps shall be composed of active and standby components consisting of United States Government personnel, including employees of the Department of State, the 

United States Agency for International Development, and 

other agencies who are recruited and trained (and employed in 

the case of the active component) to provide such assistance 

when deployed to do so by the Secretary to support the purposes of this Act. 

‘‘(2) CIVILIAN RESERVE CORPS.—The Secretary, in consultation with the Administrator of the United States Agency for 

International Development, may establish a Civilian Reserve 

Corps for which purpose the Secretary is authorized to employ 

and train individuals who have the skills necessary for carrying out reconstruction and stabilization activities, and who 

have volunteered for that purpose. The Secretary may deploy 

members of the Civilian Reserve Corps pursuant to a determination by the President under section 618 of the Foreign Assistance Act of 1961. 

‘‘(3) MITIGATION OF DOMESTIC IMPACT.—The establishment 

and deployment of any Civilian Reserve Corps shall be undertaken in a manner that will avoid substantively impairing the 

capacity and readiness of any State and local governments 

from which Civilian Reserve Corps personnel may be drawn. 

‘‘(c) EXISTING TRAINING AND EDUCATION PROGRAMS.—The Secretary shall ensure that personnel of the Department, and, in coordination with the Administrator of USAID, that personnel of 

USAID, make use of the relevant existing training and education 

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ter for Stabilization and Reconstruction Studies at the Naval Postgraduate School and the Interagency Training, Education, and 

After Action Review Program at the National Defense University.’’. 

SEC. 1606. AUTHORITIES RELATED TO PERSONNEL. 

(a) EXTENSION OF CERTAIN FOREIGN SERVICE BENEFITS.—The 

Secretary, or the head of any agency with respect to personnel of 

that agency, may extend to any individuals assigned, detailed, or 

deployed to carry out reconstruction and stabilization activities 

pursuant to section 62 of the State Department Basic Authorities 

Act of 1956 (as added by section 1605 of this title), the benefits or 

privileges set forth in sections 413, 704, and 901 of the Foreign 

Service Act of 1980 (22 U.S.C. 3973, 22 U.S.C. 4024, and 22 U.S.C. 

4081) to the same extent and manner that such benefits and privileges are extended to members of the Foreign Service. 

(b) AUTHORITY REGARDING DETAILS.—The Secretary is authorized 

to accept details or assignments of any personnel, and any employee of a State or local government, on a reimbursable or nonreimbursable basis for the purpose of carrying out this title, and 

the head of any agency is authorized to detail or assign personnel 

of such agency on a reimbursable or nonreimbursable basis to the 

Department of State for purposes of section 62 of the State Department Basic Authorities Act of 1956, as added by section 1605 of 

this title. 

SEC. 1607. RECONSTRUCTION AND STABILIZATION STRATEGY. 

(a) IN GENERAL.—The Secretary of State, in consultation with 

the Administrator of the United States Agency for International 

Development, shall develop an interagency strategy to respond to 

reconstruction and stabilization operations. 

(b) CONTENTS.—The strategy required under subsection (a) shall 

include the following: 

(1) Identification of and efforts to improve the skills sets 

needed to respond to and support reconstruction and stabilization operations in countries or regions that are at risk of, in, 

or are in transition from, conflict or civil strife. 

(2) Identification of specific agencies that can adequately satisfy the skills sets referred to in paragraph (1). 

(3) Efforts to increase training of Federal civilian personnel 

to carry out reconstruction and stabilization activities. 

(4) Efforts to develop a database of proven and best practices 

based on previous reconstruction and stabilization operations. 

(5) A plan to coordinate the activities of agencies involved in 

reconstruction and stabilization operations. 

SEC. 1608. ANNUAL REPORTS TO CONGRESS. 

Not later than 180 days after the date of the enactment of this 

Act and annually for each of the five years thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of this title. The report 

shall include detailed information on the following: 

(1) Any steps taken to establish a Response Readiness Corps 

and a Civilian Reserve Corps, pursuant to section 62 of the 

State Department Basic Authorities Act of 1956 (as added by 

section 1605 of this title). 


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(2) The structure, operations, and cost of the Response Readiness Corps and the Civilian Reserve Corps, if established. 

(3) How the Response Readiness Corps and the Civilian Reserve Corps coordinate, interact, and work with other United 

States foreign assistance programs. 

(4) An assessment of the impact that deployment of the Civilian Reserve Corps, if any, has had on the capacity and readiness of any domestic agencies or State and local governments 

from which Civilian Reserve Corps personnel are drawn. 

(5) The reconstruction and stabilization strategy required by 

section 1607 and any annual updates to that strategy. 

(6) Recommendations to improve implementation of subsection (b) of section 62 of the State Department Basic Authorities Act of 1956, including measures to enhance the recruitment and retention of an effective Civilian Reserve Corps. 

(7) A description of anticipated costs associated with the development, annual sustainment, and deployment of the Civilian Reserve Corps. 

DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS 

SEC. 2001. SHORT TITLE. 

This division may be cited as the ‘‘Military Construction Authorization Act for Fiscal Year 2009’’. 

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW. 

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.—Except as provided in subsection (b), all authorizations contained in 

titles XXI through XXVII and title XXIX for military construction 

projects, land acquisition, family housing projects and facilities, 

and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations 

therefor) shall expire on the later of— 

(1) October 1, 2011; or 

(2) the date of the enactment of an Act authorizing funds for 

military construction for fiscal year 2012. 

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 

for military construction projects, land acquisition, family housing 

projects and facilities, and contributions to the North Atlantic 

Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have 

been obligated before the later of— 

(1) October 1, 2011; or 

(2) the date of the enactment of an Act authorizing funds for 

fiscal year 2012 for military construction projects, land acquisition, family housing projects and facilities, or contributions to 

the North Atlantic Treaty Organization Security Investment 

Program. 

SEC. 2003. EFFECTIVE DATE. 

Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX 

shall take effect on the later of— 


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(1) October 1, 2008; or 

(2) the date of the enactment of this Act. 

TITLE XXI—ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2008 projects. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2007 projects. 

Sec. 2107. Extension of authorizations of certain fiscal year 2006 projects. 

Sec. 2108. Extension of authorization of certain fiscal year 2005 project. 

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

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

pursuant to the authorization of appropriations in section 

2104(a)(1), the Secretary of the Army may acquire real property 

and carry out military construction projects for the installations or 

locations inside the United States, and in the amounts, set forth 

in the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama ........................ Anniston Army Depot .......................................... $46,400,000 

Fort Rucker .......................................................... $6,800,000 

Redstone Arsenal ................................................. $16,500,000 

Alaska ............................ Fort Richardson ................................................... $18,100,000 

Fort Wainwright .................................................. $110,400,000 

Arizona .......................... Fort Huachuca ...................................................... $13,200,000 

Yuma Proving Ground ......................................... $3,800,000 

California ...................... Fort Irwin ............................................................. $39,600,000 

Presidio, Monterey ............................................... $15,000,000 

Sierra Army Depot ............................................... $12,400,000 

Colorado ........................ Fort Carson .......................................................... $534,000,000 

Georgia .......................... Fort Benning ........................................................ $267,800,000 

Fort Stewart/Hunter Army Air Field ................. $432,300,000 

Hawaii ........................... Pohakuloa Training Area .................................... $30,000,000 

Schofield Barracks ............................................... $279,000,000 

Wahiawa ............................................................... $40,000,000 

Indiana .......................... Crane Army Ammunition Activity ..................... $8,300,000 

Kansas ........................... Fort Leavenworth ................................................ $4,200,000 

Fort Riley .............................................................. $158,000,000 

Kentucky ....................... Fort Campbell ...................................................... $118,113,000 

Louisiana ....................... Fort Polk ............................................................... $29,000,000 

Michigan ....................... Detroit Arsenal ..................................................... $6,100,000 

Missouri ........................ Fort Leonard Wood .............................................. $42,550,000 

New Jersey .................... Picatinny Arsenal ................................................. $9,900,000 

New York ...................... Fort Drum ............................................................. $96,900,000 

United States Military Academy ........................ $67,000,000 

North Carolina ............. Fort Bragg ............................................................ $58,400,000 

Oklahoma ...................... Fort Sill ................................................................. $63,000,000 

McAlester Army Ammunition Plant ................... $5,800,000 

Pennsylvania ................ Carlisle Barracks ................................................. $13,400,000 

Letterkenny Army Depot .................................... $7,500,000 

Tobyhanna Army Depot ...................................... $15,000,000 

South Carolina .............. Fort Jackson ......................................................... $30,000,000 

Texas ............................. Camp Bullis .......................................................... $4,200,000 

Corpus Christi Army Depot ................................ $39,000,000 

Fort Bliss .............................................................. $1,044,300,000 

Fort Hood .............................................................. $49,500,000 


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Army: Inside the United States—Continued 

State Installation or Location Amount 

Fort Sam Houston ................................................ $96,000,000 

Red River Army Depot ........................................ $6,900,000 

Virginia ......................... Fort Belvoir .......................................................... $7,200,000 

Fort Eustis ............................................................ $31,900,000 

Fort Lee ................................................................ $100,600,000 

Fort Myer .............................................................. $14,000,000 

Washington ................... Fort Lewis ............................................................. $158,000,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(2), the Secretary of the Army may acquire real property 

and carry out military construction projects for the installations or 

locations outside the United States, and in the amounts, set forth 

in the following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ................... Bagram Air Base .................................................. $67,000,000 

Germany ........................ Katterbach ............................................................ $19,000,000 

Wiesbaden Air Base ............................................. $119,000,000 

Japan ............................. Camp Zama .......................................................... $2,350,000 

Sagamihara .......................................................... $17,500,000 

Korea ............................. Camp Humphreys ................................................ $20,000,000 

SEC. 2102. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2104(a)(5)(A), the Secretary of the Army may construct or acquire 

family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, 

and in the amounts set forth in the following table: 

Army: Family Housing 

Country Installation or Location Units Amount 

Germany .............. Wiesbaden Air 

Base.

326 ...................................................... $133,000,000 

Korea ................... Camp Humphreys 216 ...................................................... $125,000,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), 

the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to 

the construction or improvement of family housing units in an 

amount not to exceed $579,000. 

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and using 

amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may improve existing military family housing units in an amount not to 

exceed $420,001,000. 


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SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for 

military construction, land acquisition, and military family housing 

functions of the Department of the Army in the total amount of 

$5,973,388,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2101(a), $4,010,063,000. 

(2) For military construction projects outside the United 

States authorized by section 2101(b), $185,350,000. 

(3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, 

$23,000,000. 

(4) For host nation support and architectural and engineering services and construction design under section 2807 of title 

10, United States Code, $178,685,000. 

(5) For military family housing functions: 

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $646,580,000. 

(B) For support of military family housing (including the 

functions described in section 2833 of title 10, United 

States Code), $716,110,000. 

(6) For the construction of increment 3 of a barracks complex 

at Fort Lewis, Washington, authorized by section 2101(a) of 

the Military Construction Authorization Act for Fiscal Year 

2007 (division B of Public Law 109–364; 120 Stat. 2445), as 

amended by section 20814 of the Continuing Appropriations 

Resolution, 2007 (division B of Public Law 109–289), as added 

by section 2 of the Revised Continuing Resolution, 2007 (Public 

Law 110–5; 121 Stat 41), $102,000,000. 

(7) For the construction of increment 2 of the United States 

Southern Command Headquarters at Miami Doral, Florida, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 

110–181; 122 Stat. 504), $81,600,000. 

(8) For the construction of increment 2 of the brigade complex operations support facility at Vicenza, Italy, authorized by 

section 2101(b) of the Military Construction Authorization Act 

for Fiscal Year 2008 (division B of Public Law 110–181; 122 

Stat. 505), $15,000,000. 

(9) For the construction of increment 2 of the brigade complex barracks and community support facility at Vicenza, Italy, 

authorized by section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 

110–181; 122 Stat. 505), $15,000,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 of 

title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2401 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1) and (2) of subsection (a). 


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(2) $60,000,000 (the balance of the amount authorized under 

section 2101(a) for barracks and a dining facility at Fort Carson, Colorado). 

(3) $80,000,000 (the balance of the amount authorized under 

section 2101(a) for barracks and a dining facility at Fort Stewart, Georgia). 

(4) $59,500,000 (the balance of the amount authorized under 

section 2101(b) for the construction of a headquarters element 

in Wiesbaden, Germany). 

(5) $101,000,000 (the balance of the amount authorized 

under section 2102(a) for family housing at Wiesbaden, Germany). 

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2008 PROJECTS. 

(a) INSIDE THE UNITED STATES PROJECTS.—The table in section 

2101(a) of the Military Construction Authorization Act for Fiscal 

Year 2008 (division B of Public Law 110–181; 122 Stat. 504) is 

amended— 

(1) in the item relating to Hawthorne Army Ammunition 

Plant, Nevada, by striking ‘‘$11,800,000’’ in the amount column 

and inserting ‘‘$7,300,000’’; 

(2) in the item relating to Fort Drum, New York, by striking 

‘‘$311,200,000’’ in the amount column and inserting 

‘‘$304,600,000’’; and 

(3) in the item relating to Fort Bliss, Texas, by striking 

‘‘$118,400,000’’ in the amount column and inserting 

‘‘$111,900,000’’. 

(b) CONFORMING AMENDMENTS.—Section 2104(a) of that Act (122 

Stat. 506) is amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘$5,106,703,000’’ and inserting ‘‘$5,089,103,000’’; and 

(2) in paragraph (1), by striking ‘‘$3,198,150,000’’ and inserting ‘‘$3,180,550,000’’. 

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2007 PROJECTS. 

(a) INSIDE THE UNITED STATES PROJECTS.—The table in section 

2101(a) of the Military Construction Authorization Act for Fiscal 

Year 2007 (division B of Public Law 109–364; 120 Stat. 2445), as 

amended by section 20814 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289) and section 2105(a) 

of the Military Construction Authorization Act for Fiscal Year 2008 

(division B of Public Law 110–181; 122 Stat. 507), is further 

amended in the item relating to Fort Bragg, North Carolina, by 

striking ‘‘$96,900,000’’ in the amount column and inserting 

‘‘$75,900,000’’. 

(b) OUTSIDE THE UNITED STATES PROJECTS.—The table in section 

2101(b) of the Military Construction Authorization Act for Fiscal 

Year 2007 (division B of Public Law 109–364; 120 Stat. 2446), as 

amended by section 2106(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 

122 Stat. 508), is further amended in the item relating to Vicenza, 

Italy, by striking ‘‘$223,000,000’’ in the amount column and inserting ‘‘$208,280,000’’. 


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(c) CONFORMING AMENDMENTS.—Section 2104(a) of the Military 

Construction Authorization Act for Fiscal Year 2007 (division B of 

Public Law 109–364; 120 Stat. 2447), as amended by section 

2105(b) of the Military Construction Authorization Act for Fiscal 

Year 2008 (division B of Public Law 110–181; 122 Stat. 508), is further amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘$3,275,700,000’’ and inserting ‘‘$3,239,980,000’’; (2) in paragraph (1), by striking ‘‘$1,119,450,000’’ and insert- ing ‘‘$1,098,450,000’’; and (3) in paragraph (2), by striking ‘‘$510,582,00’’ and inserting 

‘‘$495,862,000’’. 

SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL 

YEAR 2006 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2006 (division B of 

Public Law 109–163; 119 Stat. 3501), the authorizations set forth 

in the table in subsection (b), as provided in section 2101 of that 

Act (119 Stat. 3485), shall remain in effect until October 1, 2009, 

or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2010, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army: Extension of 2006 Project Authorizations 

State Installation or Location Project Amount 

Hawaii ................. Pohakuloa ........... Tactical Vehicle Wash Facility ........ $9,207,000 

Battle Area Complex ........................ $33,660,000 

Virginia ................ Fort Belvoir ......... Defense Access Road ......................... $18,000,000 

SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2005 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2005 (division B of 

Public Law 108–375; 118 Stat. 2116), the authorization set forth in 

the table in subsection (b), as provided in section 2101 of that Act 

(118 Stat. 2101) and extended by section 2108 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 508), shall remain in effect until October 1, 2009, or the date of the enactment of an Act authorizing 

funds for military construction for fiscal year 2010, whichever is 

later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army: Extension of 2005 Project Authorization 

State Installation or Location Project Amount 

Hawaii ................. Schofield Barracks.Training Facility ............................... $35,542,000 

TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 


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Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification of authority to carry out certain fiscal year 2005 project. 

Sec. 2206. Modification of authority to carry out certain fiscal year 2007 projects. 

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

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

pursuant to the authorization of appropriations in section 2204(1), 

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

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

Inside the United States 

State Installation or Location Amount 

Arizona .......................... Marine Corps Air Station, Yuma ........................ $19,490,000 

California ...................... Marine Corps Logistics Base, Barstow .............. $7,830,000 

Marine Corps Base, Camp Pendleton ................ $799,870,000 

Naval Air Facility, El Centro .............................. $8,900,000 

Marine Corps Air Station, Miramar ................... $48,770,000 

Naval Post Graduate School, Monterey ............. $9,900,000 

Naval Air Station, North Island ......................... $60,152,000 

Naval Facility, San Clemente Island ................. $34,020,000 

Marine Corps Recruit Depot, San Diego ............ $51,220,000 

Marine Corps Base, Twentynine Palms ............. $155,310,000 

Connecticut ................... Naval Submarine Base, Groton .......................... $46,060,000 

Naval Submarine Base, New London ................. $11,000,000 

District of Columbia ..... Naval Support Activity, Washington .................. $24,220,000 

Florida ........................... Naval Air Station, Jacksonville .......................... $12,890,000 

Naval Station, Mayport ....................................... $18,280,000 

Naval Support Activity, Tampa .......................... $29,000,000 

Georgia .......................... Marine Corps Logistics Base, Albany ................ $15,320,000 

Naval Submarine Base, Kings Bay .................... $6,130,000 

Hawaii ........................... Pacific Missile Range, Barking Sands ................ $28,900,000 

Marine Corps Base, Kaneohe .............................. $28,200,000 

Naval Station, Pearl Harbor ............................... $80,290,000 

Illinois ........................... Recruit Training Command, Great Lakes ......... $62,940,000 

Maine ............................. Portsmouth Naval Shipyard ............................... $30,640,000 

Maryland ....................... Naval Surface Warfare Center, Carderock ........ $6,980,000 

Naval Surface Warfare Center, Indian Head .... $25,980,000 

Mississippi .................... Naval Construction Battalion Center, Gulfport $12,770,000 

Naval Air Station, Meridian ............................... $6,340,000 

New Jersey .................... Naval Air Warfare Center, Lakehurst ............... $15,440,000 

Naval Weapons Station, Earle ............................ $8,160,000 

North Carolina ............. Marine Corps Base, Camp Lejeune .................... $353,090,000 

Marine Corps Air Station, Cherry Point ............ $77,420,000 

Marine Corps Air Station, New River ................ $86,280,000 

Pennsylvania ................ Naval Support Activity, Philadelphia ................ $22,020,000 

Rhode Island ................. Naval Station, Newport ....................................... $39,800,000 

South Carolina .............. Marine Corps Air Station, Beaufort ................... $5,940,000 

Marine Corps Recruit Depot, Parris Island ....... $64,750,000 

Texas ............................. Naval Air Station, Corpus Christi ...................... $3,500,000 

Naval Air Station, Kingsville .............................. $11,580,000 

Virginia ......................... Naval Station, Norfolk ......................................... $73,280,000 

Marine Corps Base, Quantico ............................. $150,290,000 

Washington ................... Naval Base, Kitsap .............................................. $5,110,000 

Naval Air Station Whidbey Island ..................... $6,160,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2204(2), 

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

military construction projects for the installation or location outside 


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the United States, and in the amounts, set forth in the following 

table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Cuba .............................. Naval Air Station, Guantanamo Bay ................. $20,600,000 

Diego Garcia ................. Diego Garcia ......................................................... $35,060,000 

Djibouti .......................... Camp Lemonier .................................................... $31,410,000 

Guam ............................. Naval Activities, Guam ....................................... $88,430,000 

(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated 

pursuant to the authorization of appropriations in section 2204(3), 

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

military construction projects for unspecified installations or locations in the amounts set forth in the following table: 

Navy: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Unspecified Unspecified Worldwide ........................................ $101,020,000 

SEC. 2202. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2204(6)(A), the Secretary of the Navy may construct or acquire 

family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, 

and in the amount set forth in the following table: 

Navy: Family Housing 

Location Installation or Location Units Amount 

Guantanamo Bay .......... Naval Air Station, 

Guantanamo Bay.

146 ................................. $59,943,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(6)(A), the 

Secretary of the Navy may carry out architectural and engineering 

services and construction design activities with respect to the construction or improvement of family housing units in an amount not 

to exceed $2,169,000. 

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and using 

amounts appropriated pursuant to the authorization of appropriations in section 2204(6)(A), the Secretary of the Navy may improve 

existing military family housing units in an amount not to exceed 

$318,011,000. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2008, for military construction, land 

acquisition, and military family housing functions of the Department of the Navy in the total amount of $4,046,354,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2201(a), $2,564,312,000. 


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(2) For military construction projects outside the United States authorized by section 2201(b), $175,500,000. 

(3) For military construction projects at unspecified world- wide locations authorized by section 2201(c), $101,020,000. 

(4) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, 

$13,670,000. 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$246,528,000. 

(6) For military family housing functions: 

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $380,123,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United 

States Code), $376,062,000. 

(7) For the construction of increment 2 of the wharf extension at Naval Forces Marianas Islands, Guam, authorized by 

section 2201(b) of the Military Construction Authorization Act 

for Fiscal Year 2008 (division B of Public Law 110–181; 122 

Stat. 510), $50,912,000. 

(8) For the construction of increment 2 of the submarine 

drive-in magnetic silencing facility at Naval Submarine Base, 

Pearl Harbor, Hawaii, authorized in section 2201(a) of the 

Military Construction Authorization Act for Fiscal Year 2008 

(division B of Public Law 110–181; 122 Stat. 510), $41,088,000. 

(9) For the construction of increment 3 of the National Maritime Intelligence Center, Suitland, Maryland, authorized by 

section 2201(a) of the Military Construction Authorization Act 

for Fiscal Year 2007 (division B of Public Law 109–364; 120 

Stat. 2448), $12,439,000. 

(10) For the construction of increment 2 of hangar 5 recapitalizations at Naval Air Station, Whidbey Island, Washington, 

authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 

109–364; 120 Stat. 2448), $34,000,000. 

(11) For the construction of increment 5 of the limited area 

production and storage complex at Naval Submarine Base, 

Kitsap, Bangor, Washington (formerly referred to as a project 

at the Strategic Weapons Facility Pacific, Bangor), authorized 

by section 2201(a) of the Military Construction Authorization 

Act of Fiscal Year 2005 (division B of Public Law 108–375; 118 

Stat. 2106), as amended by section 2206 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of 

Public law 109–163; 119 Stat. 3493) and section 2206 of the 

Military Construction Authorization Act for Fiscal Year 2008 

(division B of Public Law 110–181; 122 Stat. 514) $50,700,000. 

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2005 PROJECT. 

The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 

118 Stat. 2105), as amended by section 2206 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of PubVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00349 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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lic Law 109–163; 119 Stat. 3493) and section 2206 of the Military 

Construction Authorization Act for Fiscal Year 2008 (division B of 

Public Law 110–181; 122 Stat. 514), is further amended— 

(1) in the item relating to Strategic Weapons Facility Pacific, Bangor, Washington, by striking ‘‘$295,000,000’’ in the amount 

column and inserting ‘‘$311,670,000’’; and 

(2) by striking the amount identified as the total in the amount column and inserting ‘‘$1,084,497,000’’. 

SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2007 PROJECTS. 

(a) MODIFICATIONS.—The table in section 2201(a) of the Military 

Construction Authorization Act for Fiscal Year 2007 (division B of 

Public Law 109–364; 120 Stat. 2448), as amended by section 

2205(a)(17) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 513), 

is further amended— 

(1) in the item relating to NMIC/Naval Support Activity, 

Suitland, Maryland, by striking ‘‘$67,939,000’’ in the amount 

column and inserting ‘‘$76,288,000’’; and 

(2) in the item relating to Naval Air Station, Whidbey Island, 

Washington, by striking ‘‘$57,653,000’’ in the amount column 

and inserting ‘‘$60,500,000’’. 

(b) CONFORMING AMENDMENTS.—Section 2204(b) of the Military 

Construction Authorization Act for Fiscal Year 2007 (division B of 

Public Law 109–364; 120 Stat. 2452) is amended— 

(1) in paragraph (2), by striking ‘‘$56,159,000’’ and inserting 

‘‘$64,508,000’’; and 

(2) in paragraph (3), by striking ‘‘$31,153,000’’ and inserting 

‘‘$34,000,000’’. 

TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Extension of authorizations of certain fiscal year 2006 projects. 

Sec. 2306. Extension of authorizations of certain fiscal year 2005 projects. 

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

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

pursuant to the authorization of appropriations in section 2304(1), 

the Secretary of the Air Force may acquire real property and carry 

out military construction projects for the installations or locations 

inside the United States, and in the amounts, set forth in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alabama ........................ Maxwell Air Force Base ...................................... $15,556,000 

Alaska ............................ Elmendorf Air Force Base ................................... $138,300,000 

Arizona .......................... Davis Monthan Air Force Base ........................... $15,000,000 

California ...................... Edwards Air Force Base ...................................... $9,100,000 

Travis Air Force Base .......................................... $12,100,000 


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Air Force: Inside the United States—Continued 

State Installation or Location Amount 

Colorado ........................ Peterson Air Force Base ...................................... $4,900,000 

United States Air Force Academy ...................... $18,000,000 

Delaware ....................... Dover Air Force Base ........................................... $19,000,000 

Florida ........................... Cape Canaveral Air Station ................................ $8,000,000 

Eglin Air Force Base ............................................ $19,000,000 

MacDill Air Force Base ....................................... $26,000,000 

Tyndall Air Force Base ........................................ $11,600,000 

Georgia .......................... Robins Air Force Base ......................................... $29,350,000 

Kansas ........................... McConnell Air Force Base ................................... $6,800,000 

Louisiana ....................... Barksdale Air Force Base .................................... $14,600,000 

Maryland ....................... Andrews Air Force Base ...................................... $77,648,000 

Mississippi .................... Columbus Air Force Base .................................... $8,100,000 

Keesler Air Force Base ........................................ $6,600,000 

Missouri ........................ Whiteman Air Force Base ................................... $4,200,000 

Montana ........................ Malmstrom Air Force Base ................................. $10,000,000 

Nevada .......................... Creech Air Force Base ......................................... $48,500,000 

Nellis Air Force Base ........................................... $63,100,000 

New Jersey .................... McGuire Air Force Base ...................................... $7,200,000 

New Mexico ................. Holloman Air Force Base .................................... $25,450,000 

North Carolina ............. Seymour Johnson Air Force Base ....................... $12,200,000 

North Dakota ................ Grand Forks Air Force Base ............................... $13,000,000 

Ohio ............................... Wright Patterson Air Force Base ....................... $14,000,000 

Oklahoma ...................... Altus Air Force Base ............................................ 10,200,000 

Tinker Air Force Base ......................................... $54,000,000 

South Carolina .............. Charleston Air Force Base .................................. $4,500,000 

Shaw Air Force Base ........................................... $9,900,000 

South Dakota ................ Ellsworth Air Force Base .................................... $11,000,000 

Texas ............................. Dyess Air Force Base ........................................... $21,000,000 

Fort Hood .............................................................. $10,800,000 

Lackland Air Force Base ..................................... $75,515,000 

Utah ............................... Hill Air Force Base .............................................. $41,400,000 

Washington ................... McChord Air Force Base ..................................... $5,500,000 

Wyoming ....................... Francis E. Warren Air Force Base ..................... $8,600,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2304(2), 

the Secretary of the Air Force may acquire real property and carry 

out military construction projects for the installations or locations 

outside the United States, and in the amounts, set forth in the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Afghanistan .................... Bagram Airfield ........................................................ $57,200,000 

Guam ............................... Andersen Air Force Base ......................................... $10,600,000 

Kyrgyzstan ...................... Manas Air Base ........................................................ $6,000,000 

United Kingdom ............. Royal Air Force Lakenheath ................................... $7,400,000 

(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated 

pursuant to the authorization of appropriations in section 2304(3), 

the Secretary of the Air Force may acquire real property and carry 

out military construction projects for unspecified installations or locations in the amounts set forth in the following table: 

Air Force: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Unspecified .. Unspecified Worldwide Locations ........................... $38,391,000 


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SEC. 2302. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2304(6)(A), the Secretary of the Air Force may construct or acquire 

family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, 

and in the amounts set forth in the following table: 

Air Force: Family Housing 

Country Installation or 

Location Purpose Amount 

United Kingdom ............ Royal Air Force 

Lakenheath.

182 Units ....................... $71,828,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(6)(A), the 

Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to 

the construction or improvement of family housing units in an 

amount not to exceed $7,708,000. 

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and using 

amounts appropriated pursuant to the authorization of appropriations in section 2304(6)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to 

exceed $316,343,000. 

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2008, for military construction, land 

acquisition, and military family housing functions of the Department of the Air Force in the total amount of $2,108,090,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2301(a), $889,719,000. 

(2) For military construction projects outside the United 

States authorized by section 2301(b), $81,200,000. 

(3) For the military construction projects at unspecified 

worldwide locations authorized by section 2301(c), $38,391,000. 

(4) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, 

$15,000,000. 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$93,436,000. 

(6) For military family housing functions: 

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $395,879,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United 

States Code), $594,465,000. 


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SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL 

YEAR 2006 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2006 (division B of 

Public Law 109–163; 119 Stat. 3501), authorizations set forth in 

the tables in subsection (b), as provided in section 2302 of that Act, 

shall remain in effect until October 1, 2009, or the date of the enactment of an Act authorizing funds for military construction for 

fiscal year 2010, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Air Force: Extension of 2006 Project Authorizations 

State Installation or 

Location Project Amount 

Alaska .................. Eielson Air Force 

Base ........................ Replace Family Housing (92 

units) .................................. $37,650,000 

Purchase Build/Lease Housing (300 units) ................... $18,144,000 

California ............. Edwards Air Force 

Base ........................ Replace Family Housing 

(226 units) .......................... $59,699,000 

Florida ................. MacDill Air Force 

Base ........................ Replace Family Housing 

(109 units) .......................... $40,982,000 

Missouri ............... Whiteman Air Force 

Base ........................ Replace Family Housing 

(111 units) .......................... $26,917,000 

North Carolina .... Seymour Johnson Air 

Force Base ............. Replace Family Housing 

(255 units) .......................... $48,868,000 

North Dakota ...... Grand Forks Air 

Force Base ............. Replace Family Housing 

(150 units) .......................... $43,353,000 

SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL 

YEAR 2005 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2005 (division B of 

Public Law 108–375; 118 Stat. 2116), authorizations set forth in 

the table in subsection (b), as provided in sections 2301 and 2302 

of that Act and extended by section 2307 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public 

Law 110–181; 122 Stat. 519), shall remain in effect until October 

1, 2009, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2010, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Air Force: Extension of 2005 Project Authorizations 

State/Country Installation or Location Project Amount 

Arizona ................ Davis-Monthan Air 

Force Base ............. Replace Family Housing 

(250 units) .......................... $48,500,000 

California ............. Vandenberg Air 

Force Base ............. Replace Family Housing 

(120 units) .......................... $30,906,000 


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Air Force: Extension of 2005 Project Authorizations—Continued 

State/Country Installation or Location Project Amount 

Florida ................. MacDill Air Force 

Base ........................ Construct Housing Maintenance Facility .................... $1,250,000 

Missouri ............... Whiteman Air Force 

Base ........................ Replace Family Housing 

(160 units) .......................... $37,087,000 

North Carolina .... Seymour Johnson Air 

Force Base ............. Replace Family Housing 

(167 units) .......................... $32,693,000 

Germany .............. Ramstein Air Base ... USAFE Theater Aerospace 

Operations Support Center ....................................... $24,204,000 

TITLE XXIV—DEFENSE AGENCIES 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. Modification of authority to carry out certain fiscal year 2007 project. 

Sec. 2405. Modification of authority to carry out certain fiscal year 2005 projects. 

Sec. 2406. Extension of authorization of certain fiscal year 2006 project. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorized chemical demilitarization program construction and land acquisition projects. 

Sec. 2412. Authorization of appropriations, chemical demilitarization construction, 

defense-wide. 

Sec. 2413. Modification of authority to carry out certain fiscal year 1997 project. 

Sec. 2414. Modification of authority to carry out certain fiscal year 2000 project. 

Subtitle A—Defense Agency Authorizations 

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

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

pursuant to the authorization of appropriations in section 

2403(a)(1), the Secretary of Defense may acquire real property and 

carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the 

following tables: 

Defense Education Activity 

State Installation or Location Amount 

Kentucky ....................... Fort Campbell ...................................................... $21,400,000 

North Carolina ............. Fort Bragg ............................................................ $78,471,000 

Defense Intelligence Agency 

State Installation or Location Amount 

Illinois ........................... Scott Air Force Base ............................................ $13,977,000 


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Defense Logistics Agency 

State Installation or Location Amount 

California ...................... Defense Distribution Depot, Tracy ..................... $50,300,000 

Delaware ....................... Defense Fuel Supply Center, Dover Air Force 

Base.

$3,373,000 

Florida ........................... Defense Fuel Support Point, Jacksonville ......... $34,000,000 

Georgia .......................... Hunter Army Air Field ........................................ $3,500,000 

Hawaii ........................... Pearl Harbor ......................................................... $27,700,000 

New Mexico ................... Kirtland Air Force Base ...................................... $14,400,000 

Oklahoma ...................... Altus Air Force Base ............................................ $2,850,000 

Pennsylvania ................ Philadelphia ......................................................... $1,200,000 

Utah ............................... Hill Air Force Base .............................................. $20,400,000 

Virginia ......................... Craney Island ....................................................... $39,900,000 

National Security Agency 

State Installation or Location Amount 

Maryland ....................... Fort Meade ........................................................... $31,000,000 

Special Operations Command 

State Installation or Location Amount 

California ...................... Naval Amphibious Base, Coronado .................... $9,800,000 

Florida ........................... Eglin Air Force Base ............................................ $40,000,00 

Hurlburt Field ...................................................... $8,900,000 

MacDill Air Force Base ....................................... $10,500,000 

Kentucky ....................... Fort Campbell ...................................................... $15,000,000 

New Mexico ................... Cannon Air Force Base ........................................ $26,400,000 

North Carolina ............. Fort Bragg ............................................................ $38,250,000 

Virginia ......................... Fort Story ............................................................. $11,600,000 

Washington ................... Fort Lewis ............................................................. $38,000,000 

TRICARE Management Activity 

State Installation or Location Amount 

Alaska ............................ Fort Richardson ................................................... $6,300,000 

Colorado ........................ Buckley Air Force Base ....................................... $3,000,000 

Georgia .......................... Fort Benning ........................................................ $3,900,000 

Kentucky ....................... Fort Campbell ...................................................... $24,000,000 

Maryland ....................... Aberdeen Proving Ground ................................... $430,000,000 

Missouri ........................ Fort Leonard Wood .............................................. $22,000,000 

Oklahoma ...................... Tinker Air Force Base ......................................... $65,000,000 

Texas ............................. Fort Sam Houston ................................................ $13,000,000 

Washington Headquarters Services 

State Installation or Location Amount 

Virginia ......................... Pentagon Reservation .......................................... $38,940,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2403(a)(2), the Secretary of Defense may acquire real property and 

carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in 

the following tables: 


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Defense Logistics Agency 

Country Installation or Location Amount 

Germany ........................ Germersheim ........................................................ $48,000,000 

Greece ............................ Souda Bay ............................................................. $8,000,000 

Missile Defense Command 

Country Installation or Location Amount 

Czech Republic ............. Various Locations ................................................. $176,100,000 

Poland ........................... Various Locations ................................................. $661,380,000 

Special Operations Command 

Country Installation or Location Amount 

Qatar ............................. Al Udeid ................................................................ $9,200,000 

TRICARE Management Activity 

Country Installation or Location Amount 

Guam ............................. Naval Activities .................................................... $30,000,000 

SEC. 2402. ENERGY CONSERVATION PROJECTS. 

Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(6), the Secretary of Defense may 

carry out energy conservation projects under chapter 173 of title 

10, United States Code, in the amount of $90,000,000. 

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for 

military construction, land acquisition, and military family housing 

functions of the Department of Defense (other than the military departments) in the total amount of $1,639,050,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2401(a), $740,811,000. 

(2) For military construction projects outside the United 

States authorized by section 2401(b), $246,360,000. 

(3) For unspecified minor military construction projects 

under section 2805 of title 10, United States Code, 

$28,853,000. 

(4) For contingency construction projects of the Secretary of 

Defense under section 2804 of title 10, United States Code, 

$5,000,000. 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$133,225,000. 

(6) For energy conservation projects authorized by section 

2402 of this Act, $90,000,000. 

(7) For support of military family housing, including functions described in section 2833 of title 10, United States Code, 

and credits to the Department of Defense Family Housing Improvement Fund under section 2883 of title 10, United States 


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Code, and the Homeowners Assistance Fund established under 

section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374), $54,581,000. 

(8) For the construction of increment 4 of the regional security operations center at Augusta, Georgia, authorized by section 2401(a) of the Military Construction Authorization Act of 

Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 

3497), as amended by section 7016 of the Emergency Supplemental Appropriation Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 

Stat. 485), $100,220,000. 

(9) For the construction of increment 2 of the Army Medical 

Research Institute of Infectious Diseases Stage 1 at Fort 

Detrick, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2457), $209,000,000. 

(10) For the construction of increment 2 of the special operations forces operational facility at Dam Neck, Virginia, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2008 (division B of Public Law 

110–181; 122 Stat. 521), $31,000,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 of 

title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2401 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1) and (2) of subsection (a). 

(2) $402,000,000 (the balance of the amount authorized for 

the TRICARE Management Activity under section 2401(a) for 

the construction of the United States Army Medical Research 

Institute of Infectious Diseases at Aberdeen Proving Ground, 

Maryland). 

(3) $618,780,000 (the balance of the amount authorized for 

the Missile Defense Command under section 2401(b) for the 

construction of the Ballistic Missile Defense, European Interceptor Site). 

(4) $67,540,000 (the balance of the amount authorized for the 

Missile Defense Command under section 2401(b) for the construction of the Ballistic Missile Defense, European MidCourse Radar Site). 

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2007 PROJECT. 

(a) MODIFICATION.—The table relating to the TRICARE Management Activity in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109– 

364; 120 Stat. 2457) is amended in the item relating to Fort 

Detrick, Maryland, by striking ‘‘$550,000,000’’ in the amount column and inserting ‘‘$683,000,000’’. 

(b) CONFORMING AMENDMENT.—Section 2405(b)(3) of that Act 

(120 Stat. 2461) is amended by striking ‘‘$521,000,000’’ and inserting ‘‘$654,000,000’’. 


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SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2005 PROJECTS. 

(a) MODIFICATION.—The table in section 2401(a) of the Military 

Construction Authorization Act for Fiscal Year 2005 (division B of 

Public Law 108–375; 118 Stat. 2112) is amended— 

(1) by striking the item relating to Defense Fuel Support 

Point, Naval Air Station, Oceana, Virginia; and 

(2) by striking the amount identified as the total in the amount column and inserting ‘‘$485,193,000’’. 

(b) CONFORMING AMENDMENTS.—Section 2404(a) of that Act (118 

Stat. 2113) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘$1,055,663,000’’ and inserting ‘‘$1,052,074,000’’; and (2) in paragraph (1), by striking ‘‘$411,782,000’’ and inserting ‘‘$408,193,000’’. 

SEC. 2406. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2006 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2006 (division B of 

Public Law 109–163; 119 Stat. 3501), authorizations set forth in 

the tables in subsection (b), as provided in section 2401 of that Act, 

shall remain in effect until October 1, 2009, or the date of the enactment of an Act authorizing funds for military construction for 

fiscal year 2010, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Defense Logistics Agency: Extension of 2006 Project Authorization 

Installation or Location Project Amount 

Defense Logistics Agency.Defense Distribution Depot Susquehanna, New 

Cumberland, Pennsylvania.

$6,500,000 

Subtitle B—Chemical Demilitarization 

Authorizations 

SEC. 2411. AUTHORIZED CHEMICAL DEMILITARIZATION PROGRAM 

CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of appropriations in section 2412(1), the Secretary of Defense may acquire real property and carry out military construction projects for 

the installations or locations inside the United States, and in the 

amounts, set forth in the following table: 

Chemical Demilitarization Program: Inside the United States 

Army Installation or Location Amount 

Army .............................. Blue Grass Army Depot, Kentucky .................... $12,000,000 

SEC. 2412. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2008, for military construction and 

land acquisition for chemical demilitarization in the total amount 

of $144,278,000, as follows: 


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(1) For military construction projects inside the United 

States authorized by section 2411(a), $12,000,000. 

(2) For the construction of phase 10 of a munitions demilitarization facility at Pueblo Chemical Activity, Colorado, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 

104–201; 110 Stat. 2775), as amended by section 2406 of the 

Military Construction Authorization Act for Fiscal Year 2000 

(division B of Public Law 106–65; 113 Stat. 839) and section 

2407 of the Military Construction Authorization Act for Fiscal 

Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), 

$65,060,000. 

(3) For the construction of phase 9 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 

106–65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298) and section 

2405 of the Military Construction Authorization Act for Fiscal 

Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), 

$67,218,000. 

SEC. 2413. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 1997 PROJECT. 

(a) MODIFICATIONS.—The table in section 2401(a) of the Military 

Construction Authorization Act for Fiscal Year 1997 (division B of 

Public Law 104–201; 110 Stat. 2775), as amended by section 2406 

of the Military Construction Authorization Act for Fiscal Year 2000 

(division B of Public Law 106–65; 113 Stat. 839) and section 2407 

of the Military Construction Authorization Act for Fiscal Year 2003 

(division B of Public Law 107–314; 116 Stat. 2699), is amended— 

(1) under the agency heading relating to the Chemical Demilitarization Program, in the item relating to Pueblo Army 

Depot, Colorado, by striking ‘‘$261,000,000’’ in the amount column and inserting ‘‘$484,000,000’’; and 

(2) by striking the amount identified as the total in the 

amount column and inserting ‘‘$830,454,000’’. 

(b) CONFORMING AMENDMENT.—Section 2406(b)(2) of the Military 

Construction Authorization Act for Fiscal Year 1997 (110 Stat. 

2779), as so amended, is further amended by striking 

‘‘$261,000,000’’ and inserting ‘‘$484,000,000’’. 

SEC. 2414. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2000 PROJECT. 

(a) MODIFICATIONS.—The table in section 2401(a) of the Military 

Construction Authorization Act for Fiscal Year 2000 (division B of 

Public Law 106–65; 113 Stat. 835), as amended by section 2405 of 

the Military Construction Authorization Act for Fiscal Year 2002 

(division B of Public Law 107–107; 115 Stat. 1298) and section 

2405 of the Military Construction Authorization Act for Fiscal Year 

2003 (division B of Public Law 107–314; 116 Stat. 2698), is amended— 

(1) under the agency heading relating to Chemical Demilitarization, in the item relating to Blue Grass Army Depot, 


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Kentucky, by striking ‘‘$290,325,000’’ in the amount column 

and inserting ‘‘$492,000,000’’; and 

(2) by striking the amount identified as the total in the 

amount column and inserting ‘‘$949,920,000’’. 

(b) CONFORMING AMENDMENT.—Section 2405(b)(3) of the Military 

Construction Authorization Act for Fiscal Year 2000 (division B of 

Public Law 106–65; 113 Stat. 839), as amended by section 2405 of 

the Military Construction Authorization Act for Fiscal Year 2002 

(division B of Public Law 107–107; 115 Stat. 1298) and section 

2405 of the Military Construction Authorization Act for Fiscal Year 

2003 (division B of Public Law 107–314; 116 Stat. 2698), is further 

amended by striking ‘‘$267,525,000’’ and inserting ‘‘$469,200,000’’. 

TITLE XXV—NORTH ATLANTIC TREATY 

ORGANIZATION SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of Defense may make contributions for the North 

Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount 

not to exceed the sum of the amount authorized to be appropriated 

for this purpose in section 2502 and the amount collected from the 

North Atlantic Treaty Organization as a result of construction previously financed by the United States. 

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2008, for contributions by the Secretary of Defense under section 2806 of title 10, United States 

Code, for the share of the United States of the cost of projects for 

the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $230,867,000. 

TITLE XXVI—GUARD AND RESERVE 

FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Sec. 2607. Modification of authority to carry out certain fiscal year 2008 project. 

Sec. 2608. Extension of authorizations of certain fiscal year 2006 projects. 

Sec. 2609. Extension of Authorization of certain fiscal year 2005 project. 


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SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1)(A), the Secretary of the Army may 

acquire real property and carry out military construction projects 

for the Army National Guard locations, and in the amounts, set 

forth in the following table: 

Army National Guard 

State Location Amount 

Alabama ........................ Fort McClellan ..................................................... $3,000,000 

Alaska ............................ Bethel Armory ...................................................... $16,000,000 

Arizona .......................... Camp Navajo ........................................................ $13,000,000 

Florence ................................................................ $13,800,000 

Papago Military Reservation .............................. $24,000,000 

Arkansas ....................... Cabot ..................................................................... $10,868,000 

Colorado ........................ Denver ................................................................... $9,000,000 

Grand Junction .................................................... $9,000,000 

Connecticut ................... Camp Rell ............................................................. $28,000,000 

East Haven ........................................................... $13,800,000 

Delaware ....................... New Castle ........................................................... $28,000,000 

Florida ........................... Camp Blanding .................................................... $33,307,000 

Georgia .......................... Dobbins Air Reserve Base ................................... $45,000,000 

Idaho .............................. Orchard Training Area ........................................ $1,850,000 

Illinois ........................... Urbana Armory .................................................... $16,186,000 

Indiana .......................... Camp Atterbury ................................................... $5,800,000 

Lawrence ............................................................... $21,000,000 

Muscatatuck ......................................................... $6,000,000 

Iowa ............................... Camp Dodge ......................................................... $1,500,000 

Davenport ............................................................. $1,550,000 

Mount Pleasant .................................................... $1,500,000 

Kentucky ....................... London .................................................................. $7,191,000 

Maine ............................. Bangor ................................................................... $20,000,000 

Maryland ....................... Edgewood .............................................................. $28,000,000 

Salisbury ............................................................... $9,800,000 

Massachusetts .............. Methuen ................................................................ $21,000,000 

Michigan ....................... Camp Grayling ..................................................... $22,943,000 

Minnesota ..................... Arden Hills ........................................................... $15,000,000 

Nevada .......................... Elko ....................................................................... $11,375,000 

New York ...................... Fort Drum ............................................................. $11,000,000 

Queensbury ........................................................... $5,900,000 

Ohio ............................... Camp Perry .......................................................... $2,000,000 

Ravenna ................................................................ $2,000,000 

Pennsylvania ................ Honesdale ............................................................. $6,117,000 

Rhode Island ................. North Kingstown .................................................. $5,000,000 

South Carolina .............. Anderson ............................................................... $12,000,000 

Beaufort ................................................................ $3,400,000 

Eastover ................................................................ $28,000,000 

Hemingway ........................................................... $4,600,000 

South Dakota ................ Camp Rapid .......................................................... $14,463,000 

Rapid City ............................................................. $29,000,000 

Tennessee ...................... Tullahoma ............................................................. $10,372,000 

Utah ............................... Camp Williams ..................................................... $17,500,000 

Vermont ........................ Ethan Allen Firing Range ................................... $10,200,000 

Virginia ......................... Arlington ............................................................... $15,500,000 

Fort Pickett .......................................................... $2,950,000 

Washington ................... Fort Lewis (Gray Army Airfield) ........................ $32,000,000 

West Virginia ................ Camp Dawson ...................................................... $9,000,000 

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1)(B), the Secretary of the Army may 

acquire real property and carry out military construction projects 


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for the Army Reserve locations, and in the amounts, set forth in 

the following table: 

Army Reserve 

State Location Amount 

California ...................... Fort Hunter Liggett ............................................. $3,950,000 

Hawaii Fort Shafter .......................................................... $19,199,000 

Idaho .............................. Hayden Lake ........................................................ $9,580,000 

Kansas ........................... Dodge City ............................................................ $8,100,000 

Maryland ....................... Baltimore .............................................................. $11,600,000 

Massachusetts .............. Fort Devens .......................................................... $1,900,000 

Michigan ....................... Saginaw ................................................................ $11,500,000 

Missouri ........................ Weldon Springs .................................................... $11,700,000 

Nevada .......................... Las Vegas ............................................................. $33,900,000 

New Jersey .................... Fort Dix ................................................................ $3,825,000 

New York ...................... Kingston ................................................................ $13,494,000 

Shoreham .............................................................. $15,031,000 

Staten Island ........................................................ $18,550,000 

North Carolina ............. Raleigh .................................................................. $25,581,000 

Pennsylvania ................ Letterkenny Army Depot .................................... $14,914,000 

Tennessee ...................... Chattanooga ......................................................... $10,600,000 

Texas ............................. Sinton .................................................................... $9,700,000 

Washington ................... Seattle ................................................................... $37,500,000 

Wisconsin ...................... Fort McCoy ........................................................... $4,000,000 

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE CONSTRUCTION AND LAND ACQUISITION 

PROJECTS. 

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(2), the Secretary of the Navy may acquire real property and carry out military construction projects for 

the Navy Reserve and Marine Corps Reserve locations, and in the 

amounts, set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

California ...................... Lemoore ................................................................ $15,420,000 

Delaware ....................... Wilmington ........................................................... $11,530,000 

Georgia .......................... Marietta ................................................................ $7,560,000 

Virginia ......................... Norfolk .................................................................. $8,170,000 

Williamsburg ........................................................ $12,320,000 

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3)(A), the Secretary of the Air Force 

may acquire real property and carry out military construction 

projects for the Air National Guard locations, and in the amounts, 

set forth in the following table: 

Air National Guard 

State Location Amount 

Arkansas ....................... Little Rock Air Force Base .................................. $4,000,000 

Colorado ........................ Buckley Air Force Base ....................................... $4,200,000 

Connecticut ................... Bradley International Airport ............................. $7,200,000 

Delaware ....................... New Castle County Airport ................................. $14,800,000 

Georgia .......................... Savannah Combat Readiness Training Center $7,500,000 

Indiana .......................... Fort Wayne International Airport ...................... $5,600,000 


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Air National Guard—Continued 

State Location Amount 

Iowa ............................... Fort Dodge ............................................................ $5,600,000 

Kansas ........................... Smoky Hill Air National Guard Range .............. $7,100,000 

Maryland ....................... Martin State Airport ............................................ $7,900,000 

Massachusetts .............. Otis Air National Guard Base ............................ $14,300,000 

Minnesota ..................... Duluth 148th Fighter Wing Base ....................... $4,500,000 

Minneapolis-St. Paul ........................................... $1,500,000 

Mississippi .................... Gulfport-Biloxi International Airport ................. $3,400,000 

New Jersey .................... Atlantic City International Airport .................... $8,400,000 

New York ...................... Gabreski Airport, Westhampton ......................... $7,500,000 

Hancock Field ....................................................... $10,400,000 

Ohio ............................... Springfield Air National Guard Base ................. $12,800,000 

Rhode Island ................. Quonset State Airport ......................................... $7,700,000 

South Dakota ................ Joe Foss Field ....................................................... $4,500,000 

Tennessee ...................... Knoxville ............................................................... $8,000,000 

Texas ............................. Ellington Field ..................................................... $7,600,000 

Fort Worth Naval Air Station Joint Reserve 

Base.

$5,000,000 

Vermont ........................ Burlington International Airport ........................ $6,600,000 

Washington ................... McChord Air Force Base ..................................... $8,600,000 

West Virginia ................ Yeager Airport, Charleston ................................. $27,000,000 

Wisconsin ...................... Truax Field ........................................................... $6,300,000 

Wyoming ....................... Cheyenne Municipal Airport ............................... $7,000,000 

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3)(B), the Secretary of the Air Force 

may acquire real property and carry out military construction 

projects for the Air Force Reserve locations, and in the amounts, 

set forth in the following table: 

Air Force Reserve 

State Location Amount 

Georgia .......................... Dobbins Air Reserve Base ................................... $6,450,000 

Oklahoma ...................... Tinker Air Force Base ......................................... $9,900,000 

New York ...................... Niagara Falls Air Reserve Station ..................... $9,000,000 

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 

AND RESERVE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2008, for the costs of acquisition, architectural and engineering services, and construction of facilities 

for the Guard and Reserve Forces, and for contributions therefor, 

under chapter 1803 of title 10, United States Code (including the 

cost of acquisition of land for those facilities), in the following 

amounts: 

(1) For the Department of the Army— 

(A) for the Army National Guard of the United States, 

$736,317,000; and 

(B) for the Army Reserve, $282,607,000. 

(2) For the Department of the Navy, for the Navy and Ma- rine Corps Reserve, $57,045,000. 

(3) For the Department of the Air Force— 

(A) for the Air National Guard of the United States, 

$242,924,000; and 

(B) for the Air Force Reserve, $36,958,000. 


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SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2008 PROJECT. 

The table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 

122 Stat. 527) is amended in the item relating to North Kingstown, 

Rhode Island, by striking ‘‘$33,000,000’’ in the amount column and 

inserting ‘‘$38,000,000’’. 

SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL 

YEAR 2006 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2006 (division B of 

Public Law 109–163; 119 Stat. 3501), the authorizations set forth 

in the table in subsection (b), as provided in section 2601 of that 

Act, shall remain in effect until October 1, 2009, or the date of the 

enactment of an Act authorizing funds for military construction for 

fiscal year 2010, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army National Guard: Extension of 2006 Project Authorizations 

State Installation or Location Project Amount 

California ....................... Camp Roberts ............... Urban Assault Course .. $1,485,000 

Idaho .............................. Gowen Field .................. Railhead, Phase 1 ......... $8,331,000 

Mississippi ..................... Biloxi .............................. Readiness Center .......... $16,987,000 

Camp Shelby ................. Modified Record Fire 

Range.

$2,970,000 

Montana ........................ Townsend ...................... Automated Qualification Training Range.$2,532,000 

Pennsylvania ................. Philadelphia .................. Stryker Brigade Combat Team Readiness 

Center.

$11,806,000 

Organizational Maintenance Shop #7.$6,144,930 

SEC. 2609. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2005 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2005 (division B of 

Public Law 108–375; 118 Stat. 2116), the authorization set forth in 

the table in subsection (b), as provided in section 2601 of that Act, 

shall remain in effect until October 1, 2009, or the date of the enactment of an Act authorizing funds for military construction for 

fiscal year 2010, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army National Guard: Extension of 2005 Project Authorization 

State Installation or Location Project Amount 

California ....................... Dublin ............................ Readiness Center, Add/ 

Alt (ADRS).

$11,318,000 


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TITLE XXVII—BASE CLOSURE AND 

REALIGNMENT ACTIVITIES 

Subtitle A—Authorizations 

Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990. 

Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005. 

Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005. 

Subtitle B—Amendments to Base Closure and Related Laws 

Sec. 2711. Modification of annual base closure and realignment reporting requirements. 

Sec. 2712. Technical corrections regarding authorized cost and scope of work variations for military construction and military family housing projects related to base closures and realignments. 

Subtitle C—Other Matters 

Sec. 2721. Independent design review of National Naval Medical Center and military hospital at Fort Belvoir. 

Sec. 2722. Report on use of BRAC properties as sites for refineries or nuclear power 

plants. 

Subtitle A—Authorizations 

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 

AND REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2008, for base closure and realignment activities, including real property acquisition and military 

construction projects, as authorized by the Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX of Public Law 

101–510; 10 U.S.C. 2687 note) and funded through the Department 

of Defense Base Closure Account 1990 established by section 2906 

of such Act, in the total amount of $458,377,000, as follows: 

(1) For the Department of the Army, $87,855,000. 

(2) For the Department of the Navy, $228,700,000. 

(3) For the Department of the Air Force, $139,155,000. 

(4) For the Defense Agencies, $2,667,000. 

SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE 

CLOSURE ACCOUNT 2005. 

Using amounts appropriated pursuant to the authorization of appropriations in section 2703, the Secretary of Defense may carry 

out base closure and realignment activities, including real property 

acquisition and military construction projects, as authorized by the 

Defense Base Closure and Realignment Act of 1990 (part A of title 

XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded 

through the Department of Defense Base Closure Account 2005 established by section 2906A of such Act, in the amount of 

$6,982,334,000. 


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SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 

AND REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2008, for base closure and realignment activities, including real property acquisition and military 

construction projects, as authorized by the Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX of Public Law 

101–510; 10 U.S.C. 2687 note) and funded through the Department 

of Defense Base Closure Account 2005 established by section 2906A 

of such Act, in the total amount of $9,065,386,000, as follows: 

(1) For the Department of the Army, $4,486,178,000. 

(2) For the Department of the Navy, $871,492,000. 

(3) For the Department of the Air Force, $1,072,925,000. 

(4) For the Defense Agencies, $2,634,791,000. 

Subtitle B—Amendments to Base Closure 

and Related Laws 

SEC. 2711. MODIFICATION OF ANNUAL BASE CLOSURE AND REALIGNMENT REPORTING REQUIREMENTS. 

(a) TERMINATION OF REPORTING REQUIREMENTS AFTER FISCAL

YEAR 2014.—Section 2907 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 

10 U.S.C. 2687 note) is amended— 

(1) by striking ‘‘As part of the budget request for fiscal year 

2007 and for each fiscal year thereafter’’ and inserting ‘‘(a) REPORTING REQUIREMENT.—As part of the budget request for fiscal year 2007 and for each fiscal year thereafter through fiscal 

year 2016’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) TERMINATION OF REPORTING REQUIREMENTS RELATED TO REALIGNMENT ACTIONS.—The reporting requirements under subsection (a) shall terminate with respect to realignment actions after 

the report submitted with the budget for fiscal year 2014.’’. 

(b) EXCLUSION OF DESCRIPTIONS OF REALIGNMENT ACTIONS.— 

Subsection (a) of such section, as designated and amended by subsection (a)(1) of this section, is further amended— 

(1) in paragraph (1), by striking ‘‘and realignment’’ both 

places it appears; 

(2) in paragraph (2), by striking ‘‘and realignments’’; and 

(3) in paragraphs (3), (4), (5), (6), and (7), by striking ‘‘or realignment’’ each place it appears. 

SEC. 2712. TECHNICAL CORRECTIONS REGARDING AUTHORIZED COST 

AND SCOPE OF WORK VARIATIONS FOR MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING PROJECTS 

RELATED TO BASE CLOSURES AND REALIGNMENTS. 

(a) CORRECTION OF CITATION IN AMENDATORY LANGUAGE.— 

(1) IN GENERAL.—Section 2704(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 532) is amended— 

(A) in subsection (a), by striking ‘‘Section 2905A’’ and inserting ‘‘Section 2906A’’; and 


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(B) in subsection (b), by striking ‘‘section 2905A’’ and inserting ‘‘section 2906A’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall take effect on January 28, 2008, as if included in the 

enactment of section 2704 of the Military Construction Authorization Act for Fiscal Year 2008. 

(b) CORRECTION OF SCOPE OR WORK VARIATION LIMITATION.— 

Subsection (f) of section 2906A of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 

10 U.S.C. 2687 note), as added by section 2704(a) of the Military 

Construction Authorization Act for Fiscal Year 2008 (division B of 

Public Law 110–181; 122 Stat. 532) and amended by subsection (a), 

is amended by striking ‘‘20 percent or $2,000,000, whichever is 

greater’’ and inserting ‘‘20 percent or $2,000,000, whichever is 

less’’. 

Subtitle C—Other Matters 

SEC. 2721. INDEPENDENT DESIGN REVIEW OF NATIONAL NAVAL MEDICAL CENTER AND MILITARY HOSPITAL AT FORT 

BELVOIR. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Military personnel and their families, as well as veterans 

and retired military personnel living in the National Capital 

region, deserve to be treated in world class medical facilities. 

(2) World class medical facilities are defined as incorporating 

the best practices of the premier private health facilities in the 

country as well as the collaborative input of military health 

care professionals into a design that supports the unique needs 

of military personnel and their families. 

(3) The closure of the Walter Reed Army Medical Center in 

Washington, D.C., and the resulting construction of the National Military Medical Center at the National Naval Medical 

Center, Bethesda, Maryland, and a new military hospital at 

Fort Belvoir, Virginia, offer the Department of Defense the opportunity to provide state-of-the-art and world-class medical facilities offering the highest quality of joint service care for 

members of the Armed Forces and their families. 

(4) Congress has supported a Department of Defense request 

to expedite the construction of the new facilities at Bethesda 

and Fort Belvoir in order to provide care in better facilities as 

quickly as possible. 

(5) The Department of Defense has a responsibility to ensure 

that the expedited design and construction of such facilities do 

not result in degradation of the quality standards required for 

world class facilities. 

(b) INDEPENDENT DESIGN REVIEW.— 

(1) ESTABLISHMENT OF DESIGN REVIEW PANEL.—The Secretary of Defense shall establish a panel consisting of medical 

facility design experts, military healthcare professionals, representatives of premier health care facilities in the United 

States, and patient representatives— 


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(A) to review design plans for the National Military 

Medical Center and the new military hospital at Fort 

Belvoir; and 

(B) to advise the Secretary regarding whether the design, in the view of the panel, will achieve the goal of providing world-class medical facilities; and 

(2) RECOMMENDATIONS FOR CHANGES TO DESIGN PLAN.—If the 

panel determines that the design plans will not meet such 

goal, the panel shall make recommendations for changes to 

those plans to ensure the construction of world-class medical 

facilities. 

(3) REPORT.—Not later than 90 days after the date of the enactment of this Act, the panel shall submit to the Secretary of 

Defense a report on the findings and recommendations of the 

panel to address any deficiencies in the conceptual design 

plans. 

(4) ASSESSMENT OF RECOMMENDATIONS.—Not later than 30 

days after submission of the report under paragraph (3), the 

Secretary of Defense shall submit to the congressional defense 

committees a report including— 

(A) an assessment by the Secretary of the findings and 

recommendations of the panel; and 

(B) the plans of the Secretary for addressing such findings and recommendations. 

(c) COST ESTIMATE.— 

(1) PREPARATION.—The Department of Defense shall prepare 

a cost estimate of the total cost to be incurred by the United 

States to close Walter Reed Army Medical Center, design and 

construct replacement facilities at the National Naval Medical 

Center and Fort Belvoir, and relocate operations to the replacement facilities. 

(2) SUBMISSION.—The Secretary of Defense shall submit the 

resulting cost estimate to the congressional defense committees 

as soon as possible, but in no case later than 120 days after 

the date of the enactment of this Act. 

(d) MILESTONE SCHEDULE.— (1) PREPARATION.—The Secretary of Defense shall prepare a 

complete milestone schedule for the closure of Walter Reed 

Army Medical Center, the design and construction of replacement facilities at the National Naval Medical Center and Fort 

Belvoir, and the relocation of operations to the replacement facilities. The schedule shall include a detailed plan regarding 

how the Department of Defense will carry out the transition of 

operations between Walter Reed Army Medical Center and the 

replacement facilities. 

(2) SUBMISSION.—The Secretary of Defense shall submit the 

resulting milestone schedule and transition plan to the congressional defense committees as soon as possible, but in no 

case later than 45 days after the date of the enactment of this 

Act. 

SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES FOR REFINERIES OR NUCLEAR POWER PLANTS. 

Not later than October 1, 2009, the Secretary of Defense shall 

submit to the congressional defense committees a report evaluating 


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the feasibility of using military installations selected for closure 

under the base closure and realignment process as locations for the 

construction of petroleum or natural gas refineries or nuclear 

power plants. 

TITLE XXVIII—MILITARY 

CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Incorporation of principles of sustainable design in documents submitted 

as part of proposed military construction projects. 

Sec. 2802. Revision of maximum lease amount applicable to certain domestic Army 

family housing leases to reflect previously made annual adjustments in 

amount. 

Sec. 2803. Use of military family housing constructed under build and lease authority to house members without dependents. 

Sec. 2804. Leasing of military family housing to Secretary of Defense. 

Sec. 2805. Improved oversight and accountability for military housing privatization 

initiative projects. 

Sec. 2806. Authority to use operation and maintenance funds for construction 

projects inside the United States Central Command and United States 

Africa Command areas of responsibility. 

Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family Housing LLC. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Clarification of congressional reporting requirements for certain real 

property transactions. 

Sec. 2812. Authority to lease non-excess property of military departments and Defense Agencies. 

Sec. 2813. Modification of utility system conveyance authority. 

Sec. 2814. Defense access roads. 

Sec. 2815. Report on application of force protection and anti-terrorism standards to 

gates and entry points on military installations. 

Subtitle C—Provisions Related to Guam Realignment 

Sec. 2821. Sense of Congress regarding military housing and utilities related to 

Guam realignment. 

Sec. 2822. Federal assistance to Guam. 

Sec. 2823. Eligibility of the Commonwealth of the Northern Mariana Islands for 

military base reuse studies and community planning assistance. 

Sec. 2824. Support for realignment of military installations and relocation of military personnel on Guam. 

Subtitle D—Energy Security 

Sec. 2831. Certification of enhanced use leases for energy-related projects. 

Sec. 2832. Annual report on Department of Defense installations energy management. 

Subtitle E—Land Conveyances 

Sec. 2841. Land conveyance, former Naval Air Station, Alameda, California. 

Sec. 2842. Transfer of administrative jurisdiction, decommissioned Naval Security 

Group Activity, Skaggs Island, California. 

Sec. 2843. Transfer of proceeds from property conveyance, Marine Corps Logistics 

Base, Albany, Georgia. 

Sec. 2844. Land conveyance, Sergeant First Class M.L. Downs Army Reserve Center, Springfield, Ohio. 

Sec. 2845. Land conveyance, John Sevier Range, Knox County, Tennessee. 

Sec. 2846. Land conveyance, Army property, Camp Williams, Utah. 

Sec. 2847. Extension of Potomac Heritage National Scenic Trail through Fort 

Belvoir, Virginia. 


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Subtitle F—Other Matters 

Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to Arlington National Cemetery. 

Sec. 2852. Acceptance and use of gifts for construction of additional building at National Museum of the United States Air Force, Wright-Patterson Air 

Force Base. 

Sec. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval Base, Hawaii. 

Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania. 

Sec. 2855. Naming of health facility, Fort Rucker, Alabama. 

Subtitle A—Military Construction Program 

and Military Family Housing Changes 

SEC. 2801. INCORPORATION OF PRINCIPLES OF SUSTAINABLE DESIGN 

IN DOCUMENTS SUBMITTED AS PART OF PROPOSED MILITARY CONSTRUCTION PROJECTS. 

(a) DEFINITION OF LIFE-CYCLE COST-EFFECTIVE.—Subsection (c) 

of section 2801 of title 10, United States Code, is amended— 

(1) by transferring paragraph (4) to appear as the first paragraph in the subsection and redesignating such paragraph as 

paragraph (1); 

(2) by redesignating the subsequent three paragraphs as 

paragraphs (2), (4), and (5), respectively; and 

(3) by inserting after paragraph (2), as so redesignated, the 

following new paragraph: 

‘‘(3) The term ‘life-cycle cost-effective’, with respect to a 

project, product, or measure, means that the sum of the 

present values of investment costs, capital costs, installation 

costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, 

product, or measure, does not exceed the base case (current or 

standard) for the practice, product, or measure.’’. 

(b) INCLUSION.—Section 2802 of such title is amended by adding 

at the end the following new subsection: 

‘‘(c) In determining the scope of a proposed military construction 

project, the Secretary concerned shall submit to the President such 

recommendations as the Secretary considers to be appropriate regarding the incorporation and inclusion of life-cycle cost-effective 

practices as an element in the project documents submitted to Congress in connection with the budget submitted pursuant to section 

1105 of title 31 for the fiscal year in which a contract is proposed 

to be awarded for the project.’’. 

SEC. 2802. REVISION OF MAXIMUM LEASE AMOUNT APPLICABLE TO 

CERTAIN DOMESTIC ARMY FAMILY HOUSING LEASES TO 

REFLECT PREVIOUSLY MADE ANNUAL ADJUSTMENTS IN 

AMOUNT. 

Section 2828(b)(7)(A) of title 10, United States Code, is amended 

by striking ‘‘$18,620 per unit’’ and inserting ‘‘$35,000 per unit’’. 

SEC. 2803. USE OF MILITARY FAMILY HOUSING CONSTRUCTED UNDER 

BUILD AND LEASE AUTHORITY TO HOUSE MEMBERS 

WITHOUT DEPENDENTS. 

(a) IN GENERAL.—Subchapter II of chapter 169 of title 10, United 

States Code, is amended by inserting after section 2835 the following new section: 


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‘‘§ 2835a. Use of military family housing constructed under 

build and lease authority to house other members 

‘‘(a) INDIVIDUAL ASSIGNMENT OF MEMBERS WITHOUT DEPENDENTS.—(1) To the extent that the Secretary concerned determines 

that military family housing constructed and leased under section 

2835 of this title is not needed to house members of the armed 

forces eligible for assignment to military family housing, the Secretary may assign, without rental charge, members without dependents to the housing. 

‘‘(2) A member without dependents who is assigned to housing 

pursuant to paragraph (1) shall be considered to be assigned to 

quarters pursuant to section 403(e) of title 37. 

‘‘(b) CONVERSION TO LONG-TERM LEASING OF MILITARY UNACCOMPANIED HOUSING.—(1) If the Secretary concerned determines that 

military family housing constructed and leased under section 2835 

of this title is excess to the long-term needs of the family housing 

program of the Secretary, the Secretary may convert the lease contract entered into under subsection (a) of such section into a longterm lease of military unaccompanied housing. 

‘‘(2) The term of the lease contract for military unaccompanied 

housing converted from military family housing under paragraph 

(1) may not exceed the remaining term of the lease contract for the 

family housing so converted. 

‘‘(c) NOTICE AND WAIT REQUIREMENTS.—(1) The Secretary concerned may not convert military family housing to military unaccompanied housing under subsection (b) until— 

‘‘(A) the Secretary submits to the congressional defense committees a notice of the intent to undertake the conversion; and 

‘‘(B) a period of 21 days has expired following the date on 

which the notice is received by the committees or, if earlier, a 

period of 14 days has expired following the date on which a 

copy of the notice is provided in an electronic medium pursuant to section 480 of this title. 

‘‘(2) The notice required by paragraph (1) shall include— 

‘‘(A) an explanation of the reasons for the conversion of the 

military family housing to military unaccompanied housing; 

‘‘(B) a description of the long-term lease to be converted; 

‘‘(C) amounts to be paid under the lease; and 

‘‘(D) the expiration date of the lease. 

‘‘(d) APPLICATION TO HOUSING LEASED UNDER FORMER AUTHORITY.—This section also shall apply to housing initially acquired or 

constructed under the former section 2828(g) of this title (commonly known as the ‘Build to Lease program’), as added by section 

801 of the Military Construction Authorization Act, 1984 (Public 

Law 98–115; 97 Stat 782).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2835 the following new item: 

‘‘2835a. Use of military family housing constructed under build and lease authority 

to house other members.’’. 


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SEC. 2804. LEASING OF MILITARY FAMILY HOUSING TO SECRETARY 

OF DEFENSE. 

(a) LEASING OF HOUSING.—Subchapter II of chapter 169 of title 

10, United States Code, is amended by inserting after section 2837 

the following new section: 

‘‘§ 2838. Leasing of military family housing to Secretary of 

Defense 

‘‘(a) AUTHORITY.—(1) The Secretary of a military department may 

lease to the Secretary of Defense military family housing in the National Capital Region (as defined in section 2674(f) of this title). 

‘‘(2) In determining the military housing unit to lease under this 

section, the Secretary of Defense should first consider any available 

military housing units that are already substantially equipped for 

executive communications and security. 

‘‘(b) RENTAL RATE.—A lease under subsection (a) shall provide for 

the payment by the Secretary of Defense of consideration in an 

amount equal to 105 percent of the monthly rate of basic allowance 

for housing prescribed under section 403(b) of title 37 for a member 

of the uniformed services in the pay grade of O–10 with dependents 

assigned to duty at the military installation on which the leased 

housing unit is located. A rate so established shall be considered 

the fair market value of the lease interest. 

‘‘(c) TREATMENT OF PROCEEDS.—(1) The Secretary of a military 

department shall deposit all amounts received pursuant to leases 

entered into by the Secretary under this section into a special account in the Treasury established for such military department. 

‘‘(2) The proceeds deposited into the special account of a military 

department pursuant to paragraph (1) shall be available to the Secretary of that military department, without further appropriation, 

for the maintenance, protection, alteration, repair, improvement, or 

restoration of military housing on the military installation at which 

the housing leased pursuant to subsection (a) is located.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 

‘‘2838. Leasing of military family housing to Secretary of Defense.’’. 

SEC. 2805. IMPROVED OVERSIGHT AND ACCOUNTABILITY FOR MILITARY HOUSING PRIVATIZATION INITIATIVE PROJECTS. 

(a) OVERSIGHT AND ACCOUNTABILITY.— 

(1) IN GENERAL.—Subchapter IV of chapter 169 of title 10, 

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

‘‘§ 2885. Oversight and accountability for privatization 

projects 

‘‘(a) OVERSIGHT AND ACCOUNTABILITY MEASURES.—Each Secretary concerned shall prescribe regulations to effectively oversee 

and manage military housing privatization projects carried out 

under this subchapter. The regulations shall include the following 

requirements for each privatization project: 

‘‘(1) The installation asset manager shall conduct monthly 

site visits and provide quarterly reports on the progress of the 

construction or renovation of the housing units. The reports 


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shall be submitted quarterly to the assistant secretary for installations and environment of the respective military department. 

‘‘(2) The installation asset manager, and, as applicable, the 

resident construction manager, privatization asset manager, 

bondholder representative, project owner, developer, general 

contractor, and construction consultant for the project shall 

conduct meetings to ensure that the construction or renovation 

of the units meets performance and schedule requirements and 

that appropriate operating and ground lease agreements are in 

place and adhered to. 

‘‘(3) If a project is 90 days or more behind schedule or otherwise appears to be substantially failing to adhere to the obligations or milestones under the contract, the assistant secretary 

for installations and environment of the respective military department shall submit a notice of deficiency to the Deputy 

Under Secretary of Defense (Installations and Environment), 

the Secretary concerned, the managing member, and the trustee for the project. 

‘‘(4)(A) Not later than 15 days after the submittal of a notice 

of deficiency under paragraph (3), the Secretary concerned or 

designated representative shall submit to the project owner, 

developer, or general contractor responsible for the project a 

summary of deficiencies related to the project. 

‘‘(B) If the project owner, developer, or general contractor responsible for the privatization project is unable, within 60 days 

after receiving a notice of deficiency under subparagraph (A), 

to make progress on the issues outlined in such notice, the Secretary concerned shall notify the congressional defense committees of the status of the project, and shall provide a recommended course of action to correct the problems. 

‘‘(b) REQUIRED QUALIFICATIONS.—The Secretary concerned or designated representative shall ensure that the project owner, developer, or general contractor that is selected for each military housing privatization initiative project has construction experience commensurate with that required to complete the project. 

‘‘(c) BONDING LEVELS.—The Secretary concerned shall ensure 

that the project owner, developer, or general contractor responsible 

for a military housing privatization initiative project has sufficient 

payment and performance bonds or suitable instruments in place 

for each phase of a construction or renovation portion of the project 

to ensure successful completion of the work in amounts as agreed 

to in the project’s legal documents, but in no case less than 50 percent of the total value of the active phases of the project, prior to 

the commencement of work for that phase. 

‘‘(d) REPORTING OF EFFORTS TO SELECT SUCCESSOR IN EVENT OF

DEFAULT.—In the event a military housing privatization initiative 

project enters into default, the assistant secretary for installations 

and environment of the respective military department shall submit a report to the congressional defense committees every 90 days 

detailing the status of negotiations to award the project to a new 

project owner, developer, or general contractor. 

‘‘(e) EFFECT OF NOTICES OF DEFICIENCY ON CONTRACTORS AND

AFFILIATED ENTITIES.—(1) The Secretary concerned shall keep a 


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record of all plans of action or notices of deficiency issued to a 

project owner, developer, or general contractor under subsection 

(a)(4), including the identity of each parent, subsidiary, affiliate, or 

other controlling entity of such owner, developer, or contractor. 

‘‘(2) Each military department shall consult all records maintained under paragraph (1) when reviewing the past performance 

of owners, developers, and contractors in the bidding process for a 

contract or other agreement for a military housing privatization 

initiative project.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end 

the following new item: 

‘‘2885. Oversight and accountability for privatization projects.’’. 

(b) REPORT FOR IDENTIFYING AND COMMUNICATING BEST PRACTICES FOR TRANSACTIONS.—Section 2884(b) of such title is amended 

by adding at the end the following new paragraph: 

‘‘(7) A report on best practices for the execution of housing 

privatization initiatives, including— 

‘‘(A) effective means to track and verify proper performance, schedule, and cash flow; 

‘‘(B) means of overseeing the actions of bondholders to 

properly monitor construction progress and construction 

draws; 

‘‘(C) effective structuring of transactions to ensure the 

United States Government has adequate abilities to oversee project owner performance; 

‘‘(D) ensuring that notices to proceed on new work are 

not issued until proper bonding is in place; and 

‘‘(E) such other topics that are identified as pertinent by 

the Department of Defense.’’. 

(c) PARTNERSHIP WITH ELIGIBLE ENTITY REQUIRED.—Section 

2871(5) of title 10, United States Code, is amended by inserting before the period at the end the following: ‘‘that is prepared to enter 

into a contract as a partner with the Secretary concerned for the 

construction of military housing units and ancillary supporting facilities’’. 

(d) COMPETITIVE PROCESS FOR CONVEYANCE OR LEASE OF PROPERTY.—Section 2878 of such title is amended— 

(1) by redesignating subsections (c) and (d) as subsections (d) 

and (e); respectively; and 

(2) by inserting after subsection (b) the following new subsection: 

‘‘(c) COMPETITIVE PROCESS.—The Secretary concerned shall ensure that the time, method, and terms and conditions of the reconveyance or lease of property or facilities under this section from 

the eligible entity permit full and free competition consistent with 

the value and nature of the property or facilities involved.’’. 

(e) TREATMENT OF ACQUIRED OR CONSTRUCTED HOUSING

UNITS.— 

(1) REPEAL OF SEPARATE ASSIGNMENT AUTHORITY.—Section 

2882 of such title is amended to read as follows: 


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‘‘§ 2882. Effect of assignment of members to housing units acquired or constructed under alternative authority 

‘‘(a) TREATMENT AS QUARTERS OF THE UNITED STATES.—Except 

as provided in subsection (b), housing units acquired or constructed 

under this subchapter shall be considered as quarters of the United 

States or a housing facility under the jurisdiction of a uniformed 

service for purposes of section 403 of title 37. 

‘‘(b) AVAILABILITY OF BASIC ALLOWANCE FOR HOUSING.—A member of the armed forces who is assigned to a housing unit acquired 

or constructed under this subchapter that is not owned or leased 

by the United States shall be entitled to a basic allowance for housing under section 403 of title 37. 

‘‘(c) LEASE PAYMENTS THROUGH PAY ALLOTMENTS.—The Secretary concerned may require members of the armed forces who 

lease housing in housing units acquired or constructed under this 

subchapter to make lease payments for such housing pursuant to 

allotments of the pay of such members under section 701 of title 

37.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter IV of chapter 169 of such title is amended by striking the item relating to section 2882 and inserting 

the following new item: 

‘‘2882. Effect of assignment of members to housing units acquired or constructed 

under alternative authority.’’. 

(f) ANNUAL REPORT ON MAINTENANCE AND REPAIR TO PRIVATIZED

GENERAL AND FLAG OFFICER QUARTERS.—Section 2884(b) of such 

title, as amended by subsection (b), is further amended by adding 

at the end the following new paragraph: 

‘‘(8) A report identifying each family housing unit acquired 

or constructed under this subchapter that is used, or intended 

to be used, as quarters for a general officer or flag officer and 

for which the total operation, maintenance, and repair costs for 

the unit exceeded $50,000. For each housing unit so identified, 

the report shall also include the total of such operation, maintenance, and repair costs.’’. 

SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE 

FUNDS FOR CONSTRUCTION PROJECTS INSIDE THE 

UNITED STATES CENTRAL COMMAND AND UNITED 

STATES AFRICA COMMAND AREAS OF RESPONSIBILITY. 

(a) ONE-YEAR EXTENSION OF AUTHORITY.—Subsection (a) of section 2808 of the Military Construction Authorization Act for Fiscal 

Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as 

amended by section 2810 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 

118 Stat. 2128), section 2809 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 

119 Stat. 3508), section 2802 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 

120 Stat. 2466), and section 2801 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110– 

181; 122 Stat. 538), is further amended— 

(1) by striking ‘‘2008’’ and inserting ‘‘2009’’; and 


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(2) by striking ‘‘outside the United States’’ and inserting ‘‘inside the United States Central Command and United States 

Africa Command areas of responsibility’’. 

(b) EXCEPTION FOR PROJECTS IN AFGHANISTAN FROM LIMITATION

ON AUTHORITY RELATED TO LONG-TERM UNITED STATES PRESENCE.—Such subsection, as so amended, is further amended by inserting before the period at the end of paragraph (2) the following: 

‘‘, unless the military installation is located in Afghanistan, for 

which projects using this authority may be carried out at installations deemed as supporting a long-term presence’’. 

(c) MODIFICATION OF ANNUAL LIMITATION ON USE OF AUTHORITY.—Subsection (c) of section 2808 of the Military Construction 

Authorization Act for Fiscal Year 2004 (division B of Public Law 

108–136; 117 Stat. 1723) is amended to read as follows: 

‘‘(c) ANNUAL LIMITATION ON USE OF AUTHORITY.—(1) The total 

cost of the construction projects carried out under the authority of 

this section using, in whole or in part, appropriated funds available 

for operation and maintenance shall not exceed $200,000,000 in a 

fiscal year. 

‘‘(2) If the Secretary of Defense certifies to the congressional defense committees that additional construction in Afghanistan is required to meet urgent military requirements in Afghanistan, up to 

an additional $300,000,000 in funds available for operation and 

maintenance may be used in Afghanistan upon completing the 

prenotification requirements under subsection (b). Under no circumstances shall the total appropriated funds available from operation and maintenance for fiscal year 2009 exceed $500,000,000.’’. 

(d) QUARTERLY REPORTS.—Subsection (d)(1) of such section, as 

amended by section 2810 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 

118 Stat. 2128) and section 2809 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109– 

163; 119 Stat. 3508), is further amended by striking ‘‘30 days’’ and 

inserting ‘‘45 days’’. 

SEC. 2807. COST-BENEFIT ANALYSIS OF DISSOLUTION OF PATRICK 

FAMILY HOUSING LLC. 

Not later than 30 days after the date of the enactment of this 

Act, the Secretary of the Air Force shall submit to the congressional defense committees a cost-benefit analysis of dissolving Patrick Family Housing LLC without exercising the full range of 

rights available to the United States Government to recover damages from the partnership. 

Subtitle B—Real Property and Facilities 

Administration 

SEC. 2811. CLARIFICATION OF CONGRESSIONAL REPORTING REQUIREMENTS FOR CERTAIN REAL PROPERTY TRANSACTIONS. 

Section 2662(c) of title 10, United States Code, is amended by 

striking ‘‘river and harbor projects or flood control projects’’ and inserting ‘‘water resource development projects of the Corps of Engineers’’. 


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SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF MILITARY DEPARTMENTS AND DEFENSE AGENCIES. 

(a) CONSOLIDATION OF SEPARATE AUTHORITIES.— 

(1) ESTABLISHMENT OF SINGLE AUTHORITY.—Subsection (a) of 

section 2667 of title 10, United States Code, is amended to 

read as follows: 

‘‘(a) LEASE AUTHORITY.—Whenever the Secretary concerned considers it advantageous to the United States, the Secretary concerned may lease to such lessee and upon such terms as the Secretary concerned considers will promote the national defense or to 

be in the public interest, real or personal property that— 

‘‘(1) is under the control of the Secretary concerned; 

‘‘(2) is not for the time needed for public use; and 

‘‘(3) is not excess property, as defined by section 102 of title 

40.’’. 

(2) SECRETARY CONCERNED DEFINED.—Subsection (i) of such 

section is amended by adding at the end the following new 

paragraph: 

‘‘(4) The term ‘Secretary concerned’ means— 

‘‘(A) the Secretary of a military department, with respect 

to matters concerning that military department; and 

‘‘(B) the Secretary of Defense, with respect to matters 

concerning the Defense Agencies.’’. 

(b) PROHIBITION ON LEASEBACK WITH EXCESSIVE ANNUAL PAYMENTS.—Subsection (b) of such section is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (5); 

(2) by striking the period at the end of paragraph (6) and inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(7) may not provide for a leaseback by the Secretary concerned with an annual payment in excess of $500,000.’’. 

(c) IMPROVED CONGRESSIONAL NOTIFICATION REQUIREMENTS.— 

Paragraph (4) of subsection (c) of such section is amended to read 

as follows: 

‘‘(4)(A) Not later than 30 days before issuing a contract solicitation or other lease offering under this section for a lease whose annual payment, including any in-kind consideration to be accepted 

under subsection (b)(5) or this subsection, will exceed $750,000, the 

Secretary concerned shall submit to the congressional defense committees a report containing— 

‘‘(i) a description of the proposed lease, including the proposed duration of the lease; 

‘‘(ii) a description of the authorities to be used in entering 

the lease and the intended participation of the United States 

in the lease, including a justification of the intended method of 

participation; 

‘‘(iii) a statement of the scored cost of the lease, determined 

using the scoring criteria of the Office of Management and 

Budget; 

‘‘(iv) a determination that the property involved in the lease 

is not excess property, as required by subsection (a)(3), including the basis for the determination; 

‘‘(v) a determination that the proposed lease is directly compatible with the mission of the military installation or Defense 


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Agency whose property is to be subject to the lease and the anticipated long-term use of the property at the conclusion of the 

lease; and 

‘‘(vi) a description of the requirements or conditions within 

the contract solicitation or other lease offering for the offeror 

to address taxation issues, including payments-in-lieu-of taxes, 

and other development issues related to local municipalities. 

‘‘(B) In the case of a lease described in subparagraph (A), the 

Secretary concerned also shall submit to the congressional defense 

committees a report at least 30 days before the date on which the 

Secretary concerned enters into a lease the following information: 

‘‘(i) A copy of the report submitted under subparagraph (A). 

‘‘(ii) A description of the differences between the report submitted under that subparagraph and the new report. 

‘‘(iii) A description of the lessee payment required under this 

section.’’. 

(d) CONFORMING AMENDMENTS TO REFERENCES TO MILITARY DEPARTMENTS AND INSTALLATIONS.— 

(1) COMMUNITY SUPPORT FACILITIES AND COMMUNITY SUPPORT SERVICES.—Subsection (d) of such section is amended— 

(A) in paragraph (2), by striking ‘‘Secretary of a military 

department’’ and inserting ‘‘Secretary concerned’’; and 

(B) in paragraphs (3), (4), and (6), by striking ‘‘of the 

military department’’ each place it appears. 

(2) DEPOSIT AND USE OF PROCEEDS.—Subsection (e) of such 

section is amended— 

(A) in paragraph (1)(A)— 

(i) in the matter preceding clause (i)— 

(I) by striking ‘‘Secretary of a military department’’ and inserting ‘‘Secretary concerned’’; and 

(II) by striking ‘‘such military department’’ and 

inserting ‘‘that Secretary’’; and 

(ii) in clause (iii), by striking ‘‘military department’’ 

and inserting ‘‘Secretary’’; 

(B) in paragraph (1)(B)(i), by striking ‘‘Secretary of a 

military department’’ and inserting ‘‘Secretary concerned’’; 

(C) in paragraph (1)(C), by striking ‘‘of a military department pursuant to subparagraph (A) shall be available to 

the Secretary of that military department’’ and inserting 

‘‘established for the Secretary concerned shall be available 

to the Secretary’’; 

(D) in paragraph (1)(D)— 

(i) by striking ‘‘of a military department under subparagraph (A)’’ and inserting ‘‘established for the Secretary concerned’’; and 

(ii) by inserting ‘‘or Defense Agency location’’ after 

‘‘military installation’’; 

(E) in paragraph (1)(E), by striking ‘‘installation’’ and inserting ‘‘military installation or Defense Agency location’’; 

and 

(F) in paragraph (3), by striking ‘‘Secretary of a military 

department’’ and inserting ‘‘Secretary concerned’’. 


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(3) BASE CLOSURE PROPERTY.—Subsection (g)(1) of such section is amended by striking ‘‘Secretary of a military department’’ and inserting ‘‘Secretary concerned’’. 

(e) REPEAL OF SEPARATE DEFENSE AGENCY AUTHORITY.— (1) REPEAL.—Section 2667a of such title is repealed. 

(2) EFFECT ON EXISTING CONTRACTS.—The repeal of section 

2667a of title 10, United States Code, shall not affect the validity or terms of any lease with respect to property of a Defense 

Agency entered into by the Secretary of Defense under such 

section before the date of the enactment of this Act. 

(3) TREATMENT OF MONEY RENTS.—Amounts in any special 

account established for a Defense Agency pursuant to subsection (d) of section 2667a of title 10, United States Code, before repeal of such section by paragraph (1), and amounts that 

would be deposited in such an account in connection with a 

lease referred to in paragraph (2), shall— 

(A) remain available until expended for the purposes 

specified in such subsection, notwithstanding the repeal of 

such section by paragraph (1); or 

(B) to the extent provided in appropriations Acts, be 

transferred to the special account required for the Secretary of Defense by subsection (e) of section 2667 of such 

title, as amended by subsection (d)(2) of this section. 

(f) CLERICAL AMENDMENTS.— (1) SECTION HEADING.—The heading of section 2667 of such 

title is amended to read as follows: 

‘‘§ 2667. Leases: non-excess property of military departments 

and Defense Agencies’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 159 of such title is amended by striking the 

items relating to sections 2667 and 2667a and inserting the following new item: 

‘‘2667. Leases: non-excess property of military departments and Defense Agencies.’’. 

SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEYANCE AUTHORITY. 

Section 2688 of title 10, United States Code, is amended— 

(1) by redesignating subsection (j) as subsection (k); and 

(2) by inserting after subsection (i) the following new subsection: 

‘‘(j) CONSTRUCTION OF UTILITY INFRASTRUCTURE AFTER CONVEY- ANCE OF A UTILITY SYSTEM.—(1) Upon conveyance of a utility system, the Secretary of a military department may convey additional 

utility infrastructure under the jurisdiction of the Secretary on a 

military installation to a utility or entity to which a utility system 

for the installation has been conveyed under subsection (a) if the 

Secretary determines that— 

‘‘(A) the additional utility infrastructure was constructed or 

installed after the date of the conveyance of the utility system; 

‘‘(B) the additional utility infrastructure cannot operate without being a part of the conveyed utility system; 

‘‘(C) the additional utility infrastructure was planned and coordinated with the entity operating the conveyed utility system; and 


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‘‘(D) the military department receives as consideration an 

amount equal to the fair market value of the utility infrastructure determined in the same manner as the consideration the 

Secretary could require under subsection (c) for a conveyance 

under subsection (a). 

‘‘(2) The conveyance under this paragraph may consist of all 

right, title, and interest of the United States or such lesser estate 

as the Secretary considers appropriate to serve the interests of the 

United States.’’. 

SEC. 2814. DEFENSE ACCESS ROADS. 

(a) BASIS FOR TRANSPORTATION NEEDS ASSESSMENT.—Section 

210(a) of title 23, United States Code, is amended— 

(1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) If it is determined that an action of the Department of Defense will cause a significant transportation impact to access to a 

military reservation, the Secretary of Defense shall conduct a 

transportation needs assessment to assess the magnitude of the improvement required to address the impact.’’. 

(b) REPORT ON RECENTLY IDENTIFIED TRANSPORTATION IMPACTS.—Not later than April 1, 2009, the Secretary of Defense 

shall submit to the congressional defense committees and the Committee on Transportation and Infrastructure of the House of Representatives a report that details the significant transportation impacts resulting from actions of the Department of Defense since 

January 1, 2005. In the report, the Secretary shall assess the funding requirements necessary to address transportation needs resulting from these significant transportation impacts. 

SEC. 2815. REPORT ON APPLICATION OF FORCE PROTECTION AND 

ANTI-TERRORISM STANDARDS TO GATES AND ENTRY 

POINTS ON MILITARY INSTALLATIONS. 

(a) REPORT REQUIRED.—Not later than February 1, 2009, the 

Secretary of Defense shall submit to the congressional defense committees a report on the implementation of Department of Defense 

Anti-Terrorism/Force Protection standards at gates and entry 

points of military installations. 

(b) CONTENT.—The report required under subsection (a) shall include the following: 

(1) A description of the anti-terrorism/force protection standards for gates and entry points. 

(2) An assessment, by installation, of whether the gates and 

entry points meet anti-terrorism/force protection standards. 

(3) An assessment of whether the standards are met with either temporary or permanent measures, facilities, or equipment. 

(4) A description and cost estimate of each action to be taken 

by the Secretary of Defense for each installation to ensure compliance with Department of Defense Anti-Terrorism/Force Protection standards using permanent measures and construction 

methods. 

(5) An investment plan to complete all action required to ensure compliance with the standards described under paragraph 

(1). 


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Subtitle C—Provisions Related to Guam 

Realignment 

SEC. 2821. SENSE OF CONGRESS REGARDING MILITARY HOUSING AND 

UTILITIES RELATED TO GUAM REALIGNMENT. 

(a) NATURE OF SPECIAL PURPOSE ENTITIES.—It is the sense of 

Congress that any military family housing provided in connection 

with the realignment of military installations and the relocation of 

military personnel on Guam should— 

(1) be operated, to the extent practicable, in the manner provided for public-private ventures under subchapter IV of chapter 169 of title 10, United States Code; and 

(2) should be constructed in accordance with current Department of Defense building standards. 

(c) UTILITY INFRASTRUCTURE IMPROVEMENTS.—It is the sense of 

Congress that the proposed utility infrastructure improvements on 

Guam should incorporate the civilian and military infrastructure 

into a single grid to realize and maximize the effectiveness of the 

overall utility system, if appropriate cost sharing and quality 

standards are met. 

SEC. 2822. FEDERAL ASSISTANCE TO GUAM. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that the 

Interagency Group on Insular Areas, in coordination with the appropriate Federal agencies, should enter into a memorandum of understanding with the Government of Guam to identify, before the 

realignment of military installations and the relocation of military 

personnel on Guam, local funding requirements for civilian infrastructure development and other needs related to the realignment 

and relocation. 

(b) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Comptroller General shall submit 

to the congressional defense committees a report on the status of 

interagency coordination through the Interagency Group on Insular 

Areas of budgetary requests to assist the Government of Guam 

with its budgetary requirements related to the realignment of military forces on Guam. The report shall address to what extent and 

how the Interagency Group on Insular Areas will be able to coordinate interagency budgets so the realignment of military forces on 

Guam will meet the 2014 completion date as stipulated in the May 

2006 security agreement between the United States and Japan. 

(c) INTERAGENCY GROUP ON INSULAR AREAS DEFINED.—In this 

section, the term ‘‘Interagency Group on Insular Areas’’ means the 

interagency group established by Executive Order No. 13299 of 

May 12, 2003 (68 Fed. Reg. 25477; 48 U.S.C. note prec. 1451). The 

term includes any sub-group or working group of that interagency 

group. 

SEC. 2823. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN 

MARIANA ISLANDS FOR MILITARY BASE REUSE STUDIES 

AND COMMUNITY PLANNING ASSISTANCE. 

(a) INCLUSION IN DEFINITION OF MILITARY INSTALLATION.—Section 2687(e)(1) of title 10, United States Code, is amended by inserting after ‘‘Virgin Islands,’’ the following: ‘‘the Commonwealth of 

the Northern Mariana Islands,’’. 


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(b) INCLUSION OF FACILITIES OWNED AND OPERATED BY COMMON- WEALTH.—Section 2391(d)(1) of title 10, United States Code, is 

amended by inserting after ‘‘Guam,’’ the following: ‘‘the Commonwealth of the Northern Mariana Islands,’’. 

SEC. 2824. SUPPORT FOR REALIGNMENT OF MILITARY INSTALLATIONS AND RELOCATION OF MILITARY PERSONNEL ON 

GUAM. 

(a) ESTABLISHMENT OF ACCOUNT.—There is established on the 

books of the Treasury an account to be known as the ‘‘Support for 

United States Relocation to Guam Account’’ (in this section referred 

to as the ‘‘Account’’). 

(b) CREDITS TO ACCOUNT.— 

(1) AMOUNTS IN FUND.—There shall be credited to the Account all contributions received during fiscal year 2009 and 

subsequent fiscal years under section 2350k of title 10, United 

States Code, for the realignment of military installations and 

the relocation of military personnel on Guam. 

(2) NOTICE OF RECEIPT OF CONTRIBUTIONS.—The Secretary of 

Defense shall submit to the congressional defense committees 

written notice of the receipt of contributions referred to in 

paragraph (1), including the amount of the contributions, not 

later than 30 days after receiving the contributions. 

(c) USE OF ACCOUNT.— (1) AUTHORIZED USES.—Subject to paragraph (2), amounts in 

the Account may be used as follows: 

(A) To carry out or facilitate the carrying out of a transaction authorized by this section in connection with the realignment of military installations and the relocation of 

military personnel on Guam, including military construction, military family housing, unaccompanied housing, general facilities constructions for military forces, and utilities 

improvements. 

(B) To carry out improvements of property or facilities 

on Guam as part of such a transaction. 

(C) To obtain property support services for property or 

facilities on Guam resulting from such a transaction. 

(D) To develop military facilities or training ranges in 

the Commonwealth of the Northern Mariana Islands. 

(2) COMPLIANCE WITH GUAM MASTER PLAN.—Transactions authorized by paragraph (1) shall be consistent with the Guam 

Master Plan, as incorporated in decisions made in the manner 

provided in section 102 of the National Environmental Policy 

Act of 1969 (42 U.S.C. 4332). 

(3) LIMITATION REGARDING MILITARY HOUSING.—To extent 

that the authorities provided under subchapter IV of chapter 

169 of title 10, United States Code, are available to the Secretary of Defense, the Secretary shall use such authorities to 

acquire, construct, or improve family housing units or ancillary 

supporting facilities in connection with the relocation of military personnel on Guam. 

(4) SPECIAL REQUIREMENTS REGARDING USE OF CONTRIBU- TIONS.— 

(A) TREATMENT OF CONTRIBUTIONS.—Except as provided 

in subparagraph (C), the use of contributions referred to in 


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subsection (b)(1) shall not be subject to conditions imposed 

on the use of appropriated funds by chapter 169 of title 10, 

United States Code, or contained in annual military construction appropriations Acts. 

(B) NOTICE OF OBLIGATION.—Contributions referred to in 

subsection (b)(1) may not be obligated for a transaction authorized by paragraph (1) until the Secretary of Defense 

submits to the congressional defense committees notice of 

the transaction, including a detailed cost estimate, and a 

period of 21 days has elapsed after the date on which the 

notification is received by the committees or, if earlier, a 

period of 14 days has elapsed after the date on which a 

copy of the notification is provided in an electronic medium. 

(C) COST AND SCOPE OF WORK VARIATIONS.—Section 2853 

of title 10, United States Code, shall apply to the use of 

contributions referred to in subsection (b)(1). 

(d) TRANSFER AUTHORITY.— 

(1) TRANSFER TO HOUSING FUNDS.—The Secretary of Defense 

may transfer funds from the Account to the Department of Defense Family Housing Improvement Fund established by section 2883(a)(1) of title 10, United States Code. 

(2) TREATMENT OF TRANSFERRED AMOUNTS.—Amounts transferred under paragraph (1) to a fund referred to in that paragraph shall be available in accordance with the provisions of 

section 2883 of title 10, United States Code for activities on 

Guam authorized under subchapter IV of chapter 169 of such 

title. 

(e) REPORT REGARDING GUAM MILITARY CONSTRUCTION.—Not 

later than February 15 of each year, the Secretary of Defense shall 

submit to Congress a report containing information on each military construction project included in the budget submission for the 

next fiscal year related to the realignment of military installations 

and the relocation of military personnel on Guam. The Secretary 

shall present the information in manner consistent with the presentation of projects in the military construction accounts for each 

of the military departments in the budget submission. The report 

shall also include projects associated with the realignment of military installations and relocation of military personnel on Guam 

that are included in the future-years defense program pursuant to 

section 221 of title 10, United States Code. 

(f) SENSE OF CONGRESS.—It is the sense of Congress that the use 

of the Account to facilitate construction projects associated with the 

realignment of military installations and the relocation of military 

personnel on Guam, as authorized by subsection (c)(1), provides a 

great opportunity for business enterprises of the United States and 

its territories to contribute to the United States strategic presence 

in the western Pacific by competing for contracts awarded for such 

construction. Congress urges the Secretary of Defense to ensure 

maximum participation by business enterprises of the United 

States and its territories in such construction. 


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Subtitle D—Energy Security 

SEC. 1. CERTIFICATION OF ENHANCED USE LEASES FOR ENERGY-RELATED PROJECTS. 

Section 2667(h) of title 10, United States Code, is amended by 

adding at the end the following new paragraph: 

‘‘(5) If a proposed lease under subsection (a) involves a project related to energy production and the term of the lease exceeds 20 

years, the Secretary concerned may not enter into the lease until 

at least 30 days after the date on which the Secretary of Defense 

submits to the congressional defense committees a certification that 

the project is consistent with the Department of Defense performance goals and plan required by section 2911 of this title.’’. 

SEC. 2. ANNUAL REPORT ON DEPARTMENT OF DEFENSE INSTALLATIONS ENERGY MANAGEMENT. 

Section 2925(a) of title 10, United States Code, is amended— 

(1) by striking the subsection heading and inserting the following: ‘‘ANNUAL REPORT RELATED TO INSTALLATIONS ENERGY

MANAGEMENT.—’’; 

(2) in paragraph (1), by inserting ‘‘, the Energy Independence 

and Security Act of 2007 (Public Law 110–140),’’ after ‘‘58)’’; 

and 

(3) by adding at the end the following new paragraph: 

‘‘(6) A description and estimate of the progress made by the 

military departments to meet the certification requirements for 

sustainable green-building standards in construction and major 

renovations as required by section 433 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 121 Stat. 

1612).’’. 

Subtitle E—Land Conveyances 

SEC. 2841. LAND CONVEYANCE, FORMER NAVAL AIR STATION, ALAMEDA, CALIFORNIA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 

convey to the redevelopment authority for the former Naval Air 

Station Alameda, California (in this section referred to as the ‘‘redevelopment authority’’), all right, title and interest of the United 

States in and to the real and personal property comprising Naval 

Air Station Alameda, except those parcels identified for public benefit conveyance and certain surplus lands at the Naval Air Station 

Alameda described in the Federal Register on November 5, 2007. 

In this section, the real and personal property to be conveyed under 

this section is referred to as the ‘‘NAS Property’’. 

(b) MULTIPLE CONVEYANCES.—The conveyance of the NAS Property may be conducted through multiple parcel transfers. 

(c) CONSIDERATION.—As consideration for the conveyance of the 

NAS Property under subsection (a), the Secretary of the Navy shall 

seek to obtain fair market value. 

(d) EXISTING USES.—During the three-year period beginning on 

the date on which the first conveyance under this section is made, 

the redevelopment authority shall make reasonable efforts to accommodate the continued use by the United States of those porVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00384 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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tions of the NAS Property covered by a request for Federal Land 

Transfer so long as the accommodation of such use is at no cost or 

expense to the redevelopment authority. Such accommodations 

shall provide adequate protection for the endangered California 

Least Tern in accordance with the requirements of the existing Biological Opinion for Naval Air Station Alameda dated March 22, 

1999, and any future amendments to the Biological Opinion. 

(e) SAVINGS PROVISION.—Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 

U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 

6901 et seq.). 

(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real property to be conveyed under this section 

shall be determined by a survey satisfactory to the Department. 

(g) MASTER LEASE.—The Lease in Furtherance of Conveyance, 

dated June 2000, as amended, between the Secretary of the Navy 

and the redevelopment authority shall remain in full force and effect until conveyance of the NAS Property in accordance with this 

section, and a lease amendment recognizing this section shall be offered by the Secretary. 

(h) TREATMENT OF AMOUNTS RECEIVED.—Amounts received by 

the United States under this section shall be credited to the fund 

or account intended to receive proceeds from the disposal of the 

NAS Property pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 

U.S.C. 2687 note). 

(i) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2842. 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. 


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SEC. 2843. TRANSFER OF PROCEEDS FROM PROPERTY CONVEYANCE, 

MARINE CORPS LOGISTICS BASE, ALBANY, GEORGIA. 

(a) TRANSFER AUTHORIZED.—The Secretary of Defense may transfer any proceeds from the sale of approximately 120.375 acres of 

improved land located at the former Boyett Village Family Housing 

Complex at the Marine Corps Logistics Base, Albany, Georgia, into 

the Department of Defense Family Housing Improvement Fund established under section 2883(a)(1) of title 10, United States Code, 

for carrying out activities under subchapter IV of chapter 169 of 

that title with respect to military family housing. 

(b) NOTIFICATION REQUIREMENT.—A transfer of proceeds under 

subsection (a) may be made only after the end of the 30-day period 

beginning on the date the Secretary of Defense submits written notice of the transfer to the congressional defense committees. 

SEC. 2844. LAND CONVEYANCE, SERGEANT FIRST CLASS M.L. DOWNS 

ARMY RESERVE CENTER, SPRINGFIELD, OHIO. 

(a) CONVEYANCE AUTHORIZED.—At such time as the Army Reserve vacates the Sergeant First Class M.L. Downs Army Reserve 

Center at 1515 West High Street in Springfield, Ohio, the Secretary of the Army may convey, without consideration, to the City 

of Springfield, Ohio (in this section referred to as the ‘‘City’’), all 

right, title, and interest of the United States in and to the parcel 

of real property, including improvements thereon, containing the 

Reserve Center and approximately three acres for the purpose of 

permitting the City to utilize the property for municipal government activities. 

(b) REVERSIONARY INTEREST.—If the Secretary determines at any 

time that the real property conveyed under subsection (a) is not 

being used in accordance with the purpose of the conveyance, all 

right, title, and interest in and to such real property, including any 

improvements and appurtenant easements thereto, shall, at the option of the Secretary, revert to and become the property of the 

United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an 

opportunity for a hearing. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. 

(d) PAYMENT OF COSTS OF CONVEYANCES.— (1) PAYMENT REQUIRED.—The Secretary shall require the 

City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to 

carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and 

other administrative costs related to the conveyance. If 

amounts are collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out 

the conveyance, the Secretary shall refund the excess amount 

to the City. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursements under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 


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by the Secretary in carrying out the conveyance. Amounts so 

credited shall be merged with amounts in such fund or account 

and shall be available for the same purposes, and subject to 

the same conditions and limitations, as amounts in such fund 

or account. 

(e) ADDITIONAL TERM AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2845. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX COUNTY, 

TENNESSEE. 

(a) CONVEYANCE AUTHORIZATION.—The Secretary of the Army 

may convey, without consideration, to the State of Tennessee all 

right, title, and interest of the United States in and to a parcel of 

real property, including any improvements thereon and appurtenant easements thereto, consisting of approximately 124 acres 

known as the John Sevier Range in Knox County, Tennessee, for 

the purpose of using such real property as a public firing range and 

for other public recreational activities. 

(b) REVERSIONARY INTEREST.—If the Secretary determines at any 

time that the real property conveyed under subsection (a) is not 

being used in accordance with the terms of the conveyance, all 

right, title, and interest in and to such real property, including any 

improvements and appurtenant easements thereto, shall, at the option of the Secretary, revert to and become the property of the 

United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an 

opportunity for a hearing. 

(c) ADMINISTRATIVE EXPENSES.—In accordance with section 2695 

of title 10, United State Code, the Secretary may accept amounts 

provided by the State to cover administrative expenses incurred by 

the Secretary with respect to the conveyance authorized under subsection (a), including survey expenses, expenses related to environmental documentation, and other administrative expenses related 

to such conveyance. Such amounts shall be credited, pursuant to 

subsection (c) of section 2695 of such title, to the appropriation, 

fund, or account from which such expenses were paid. If amounts 

are collected from the State in advance of the Secretary incurring 

such expenses, and the amount collected exceeds the expenses actually incurred by the Secretary, the Secretary shall refund the excess amount to the State. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real property authorized to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary and the State. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the 

conveyance authorized under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2846. LAND CONVEYANCE, ARMY PROPERTY, CAMP WILLIAMS, 

UTAH. 

(a) CONVEYANCE AUTHORIZED.—If the Secretary of the Army determines that it is the national security interest of the United 


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States, the Secretary may convey, without consideration, to the 

State of Utah (in this section, the ‘‘State’’) on behalf of the Utah 

National Guard all right, title, and interest of the United States in 

and to two parcels of real property, including improvements thereon, that are located within the boundaries of Camp Williams, Utah, 

consisting of approximately 608 acres and 308 acres, respectively, 

and are identified in the Utah National Guard master plan. 

(b) CONDITION.—As a condition of the conveyance, the Secretary 

shall, not later than 21 days before carrying out the conveyance, 

submit a report to Congress certifying that the purpose of the conveyance is to further the interest of national security and the property conveyed will be used for military purposes only. 

(c) REVERSIONARY INTEREST.—If the Secretary determines at any 

time that the real property conveyed under subsection (a), or any 

portion thereof, has been sold or is not being used in a manner consistent with subsection (b), the property shall revert, at the option 

of the Secretary, to the United States, and the United States shall 

have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on 

the record after consultation with the Governor of the State of 

Utah and an opportunity for a hearing. 

(d) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) PAYMENT REQUIRED.—The Secretary shall require the 

State to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to 

carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and 

other administrative costs related to the conveyance. If 

amounts are collected from the State in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out 

the conveyance, the Secretary shall refund the excess amount 

to the State. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursements under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyance. Amounts so 

credited shall be merged with amounts in such fund or account 

and shall be available for the same purposes, and subject to 

the same conditions and limitations, as amounts in such fund 

or account. 

(e) DESCRIPTION OF REAL PROPERTY.—The exact acreage and 

legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2847. EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC 

TRAIL THROUGH FORT BELVOIR, VIRGINIA. 

(a) AGREEMENT AUTHORITY.—The Secretary of the Army may 

enter into a revocable at will easement with the Secretary of the 

Interior to provide land along the perimeter of Fort Belvoir, VirVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00388 Fmt 6633 Sfmt 6602 E:\HR\OC\B707.XXX B707

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ginia, to be used as a segment of the Potomac Heritage National 

Scenic Trail. 

(b) SELECTION CRITERIA.—In determining the extent of the easement, the Secretary of the Army shall provide for a single trail, 

and select alignments of the trail, along the perimeter of Fort 

Belvoir. In making that determination, the Secretary shall consider— 

(1) the perimeter security requirements to protect the assets, 

people, and agency missions located at Fort Belvoir; 

(2) the appropriate setback from adjacent roadways to provide for a safe and enjoyable experience for users of the trail; 

and 

(3) any planned future expansion of roadways, including 

United States Route 1, so that the trail will not be adversely 

impacted by roadway construction. 

(c) TRAIL ADMINISTRATION AND MANAGEMENT.—A written agreement confirming an administration and management arrangement 

of any segment of the Potomac Heritage National Scenic Trail 

along the perimeter of Fort Belvoir shall be co-signed by the parties 

to the easement agreement. 

Subtitle F—Other Matters 

SEC. 2851. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL 

ANNEX TO ARLINGTON NATIONAL CEMETERY. 

Section 2881(h)(1) of the Military Construction Authorization Act 

for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 

879), as amended by section 2871 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110– 

181; 122 Stat. 561), is further amended by striking ‘‘January 1, 

2011’’ and inserting ‘‘January 1, 2012’’. 

SEC. 2852. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF 

ADDITIONAL BUILDING AT NATIONAL MUSEUM OF THE 

UNITED STATES AIR FORCE, WRIGHT-PATTERSON AIR 

FORCE BASE. 

(a) ACCEPTANCE AUTHORIZED.—The Secretary of the Air Force 

may accept from the Air Force Museum Foundation, a private nonprofit corporation, gifts in the form of cash, treasury instruments, 

or comparable United States securities for the purpose of paying 

the costs of design and construction of a fourth building for the National Museum of the United States Air Force at Wright-Patterson 

Air Force Base, Ohio. In making a gift, the Air Force Museum 

Foundation may specify that all or part of the amount of the gift 

be utilized solely for the purpose of the design and construction of 

a particular portion of the building and for contract management 

related to such design and construction. 

(b) ESCROW ACCOUNT.— 

(1) DEPOSIT OF GIFTS.—The Secretary of the Air Force, acting 

through the Director of Financial Management of the Air Force 

Materiel Command (in this section referred to as the ‘‘Director’’), shall deposit the amount of any gift accepted under subsection (a) in an escrow account established for that purpose. 

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vested in public debt securities with maturities suitable to the 

needs of the account, as determined by the Director, and bearing interest at rates that take into consideration current market yields on outstanding marketable obligations of the United 

States of comparable securities. The income on such investments shall be credited to and form a part of the account. 

(3) LIQUIDATION.—Upon final payment of all invoices and 

claims associated with the design and construction of the building described in subsection (a), the Secretary shall terminate 

the escrow account. Any amounts remaining in the account 

upon termination shall be available to the Secretary, in such 

amounts as are provided in advance in appropriations Acts, for 

such purposes as the Secretary considers appropriate. 

(c) USE OF GIFTS.— 

(1) DESIGN, CONSTRUCTION, AND CONTRACT MANAGEMENT.— 

Subject to any conditions imposed by the Air Force Museum 

Foundation under subsection (a), the Director shall use 

amounts in the escrow account, including income on investments, to pay all costs for the design and construction of a 

fourth building for the National Museum of the United States 

Air Force and all costs for contract management related to 

such design and construction. The requirement imposed by this 

paragraph includes making progress payments for such design 

and construction. 

(2) SOLE SOURCE OF FUNDS.—Gifts received under subsection 

(a) and income on investments made under subsection (b)(2) 

shall be the sole source of funds used to pay all costs for the 

design and construction of a fourth building for the National 

Museum of the United States Air Force and all costs for contract management related to such design and construction. 

(3) TIME FOR PAYMENT.—Amounts shall be payable under 

paragraph (1) upon receipt by the Director of a notification 

from the technical representative of the contracting officer that 

construction activities for which such amounts are payable 

under paragraph (1) have been undertaken. To the maximum 

extent practicable consistent with good business practice, the 

Director shall limit payment of amounts from the account in 

order to maximize the return on investment of amounts in the 

account. 

(d) LIMITATION ON CONTRACTS.—The Secretary of the Air Force 

may not initiate a contract for the design or construction of a particular portion of the building described in subsection (a) until 

amounts in the escrow account are sufficient to cover the amount 

of the contract. 

SEC. 2853. LEASE INVOLVING PIER ON FORD ISLAND, PEARL HARBOR 

NAVAL BASE, HAWAII. 

(a) LEASE.—The Secretary of the Navy shall enter into a lease 

with the USS Missouri Memorial Association to authorize the USS 

Missouri Memorial Association to use the pier Foxtrot Five and related real property on Ford Island, Pearl Harbor Naval Base, Hawaii, during calendar years 2009 and 2010. 

(b) CONSIDERATION.—The lease required by subsection (a) shall 

be made without consideration. 


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(c) CONDITIONS ON USE OF LEASED PROPERTY.—As conditions on 

the lease under subsection (a), the USS Missouri Memorial Association shall agree— 

(1) to preserve and maintain the ex-USS Missouri for education purposes, historic preservation, and community outreach; 

(2) that the Navy may use the leased property without 

charge for purposes that do not interfere with the use of such 

property by the USS Missouri Memorial Association; and 

(3) that the Navy may use the ex-USS Missouri for official 

functions at no cost. 

(d) EFFECT OF VIOLATION.—If the Secretary determines at any 

time that the USS Missouri Memorial Association is not in compliance with the conditions imposed by subsection (c), the Secretary 

may terminate the lease referred to in subsection (a). Any determination of the Secretary under this subsection shall be made on 

the record after an opportunity for a hearing. 

SEC. 2854. 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 (Public Law 110–28; 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: 

(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. 


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(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 

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). 

SEC. 2855. NAMING OF HEALTH FACILITY, FORT RUCKER, ALABAMA. 

The health facility located at 301 Andrews Avenue in Fort 

Rucker, Alabama, shall be known and designated as the ‘‘Lyster 

Army/VA Health Clinic’’. Any reference in a law, map, regulation, 

document, paper, or other record of the United States to such facility shall be deemed to be a reference to the Lyster Army/VA Health 

Clinic. 

TITLE XXIX—WAR-RELATED MILITARY 

CONSTRUCTION AUTHORIZATIONS 

Subtitle A—Fiscal Year 2008 Projects 

Sec. 2901. Authorized Army construction and land acquisition projects. 

Sec. 2902. Authorized Navy construction and land acquisition projects. 

Sec. 2903. Authorized Air Force construction and land acquisition projects. 

Sec. 2904. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2905. Termination of authority to carry out fiscal year 2008 Army projects. 

Subtitle B—Fiscal Year 2009 Projects 

Sec. 2911. Authorized Army construction and land acquisition projects. 

Sec. 2912. Authorized Navy construction and land acquisition projects. 


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Subtitle A—Fiscal Year 2008 Projects 

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

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

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

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

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

Army: Inside the United States 

State Installation or Location Amount 

Alaska ............................ Fort Wainwright .................................................. $17,000,000 

California ...................... Fort Irwin ............................................................. $11,800,000 

Colorado ........................ Fort Carson .......................................................... $8,400,000 

Georgia .......................... Fort Gordon .......................................................... $39,800,000 

Hawaii ........................... Schofield Barracks ............................................... $12,500,000 

Kentucky ....................... Fort Campbell ...................................................... $9,900,000 

Fort Knox .............................................................. $7,400,000 

North Carolina ............. Fort Bragg ............................................................ $8,500,000 

Oklahoma ...................... Fort Sill ................................................................. $9,000,000 

Texas ............................. Fort Bliss .............................................................. $17,300,000 

Fort Hood .............................................................. $7,200,000 

Fort Sam Houston ................................................ $54,000,000 

Virginia ......................... Fort Lee ................................................................ $7,400,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in subsection (c)(2), 

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

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

Army: Outside the United States 

Country Installation or Location Amount 

Iraq ............................ Camp Adder .......................................................... $13,200,000 

Camp Ramadi ....................................................... $6,200,000 

Fallujah ................................................................. $5,500,000 

(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to funds authorized to be appropriated under 2901(c) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public 

Law 110–181; 122 Stat. 571), funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for 

military construction, land acquisition, and military family housing 

functions of the Department of the Army in the total amount of 

$241,100,000 as follows: 

(1) For military construction projects inside the United 

States authorized by subsection (a), $210,200,000. 

(2) For military construction projects outside the United 

States authorized by subsection (b), $24,900,000. 

(3) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$6,000,000. 


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SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

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

pursuant to the authorization of appropriations in subsection (b)(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 ................................................... $9,270,000 

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

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

San Diego .............................................................. $12,299,000 

San Diego Marine Corps Recruit Depot 

(MCRD).

$43,200,000 

Twentynine Palms ............................................... $11,250,000 

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

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

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

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

(b) AUTHORIZATION OF APPROPRIATIONS.—In addition to funds authorized to be appropriated under 2902(d) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public 

Law 110–181; 122 Stat. 572), funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for 

military construction, land acquisition, and military family housing 

functions of the Department of the Navy in the total amount of 

$137,931,000 as follows: 

(1) For military construction projects inside the United States authorized by subsection (a), $133,879,000. 

(2) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$4,052,000. 

SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

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

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

the Secretary of the Air Force may acquire real property and carry 

out military construction projects for the installations or locations 

inside the United States, and in the amounts, set forth in the following table: 

Air Force: Inside the United States 

Country Installation or Location Amount 

California ...................... Beale Air Force Base ........................................... $17,600,000 

Florida ........................... Eglin Air Force Base ............................................ $11,000,000 

New Mexico ................... Cannon Air Force Base ........................................ $8,000,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in subsection (c)(2), 

the Secretary of the Air Force may acquire real property and carry 

out military construction projects for the installations or locations 


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outside the United States, and in the amounts, set forth in the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Qatar ............................. Al Udeid ................................................................ $60,400,000 

(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to funds authorized to be appropriated under 2903(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public 

Law 110–181; 122 Stat. 573), funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for 

military construction, land acquisition, and military family housing 

functions of the Department of the Air Force in the total amount 

of $98,427,000, as follows: 

(1) For military construction projects inside the United 

States authorized by subsection (a), $36,600,000. 

(2) For military construction projects outside the United 

States authorized by subsection (b), $60,400,000. 

(3) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$1,427,000. 

SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

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

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

the Secretary of Defense may acquire real property and carry out 

the military construction project for the installations or locations 

inside the United States, and in the amounts, set forth in the following table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

North Carolina ............. Camp Lejeune ...................................................... $57,900,000 

(b) AUTHORIZATION OF APPROPRIATIONS.—In addition to funds authorized to be appropriated under 2904(c) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public 

Law 110–181; 122 Stat. 573), funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for 

military construction, land acquisition, and military family housing 

functions of the Department of Defense (other than the military departments) in the total amount of $110,735,000, as follows: 

(1) For military construction projects inside the United 

States authorized by subsection (a), $57,900,000. 

(2) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$52,835,000. 


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SEC. 2905. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 

2008 ARMY PROJECTS. 

(a) TERMINATION OF AUTHORITY.—The table in section 2901(b) of 

the Military Construction Authorization Act for Fiscal Year 2008 

(division B of Public Law 110–181; 122 Stat. 570), is amended— 

(1) in the item relating to Camp Adder, Iraq, by striking 

‘‘$80,650,000’’ in the amount column and inserting 

‘‘$75,800,000’’; 

(2) in the item relating to Camp Anaconda, Iraq, by striking 

‘‘$53,500,000’’ in the amount column and inserting 

‘‘$10,500,000’’; 

(3) in the item relating to Camp Victory, Iraq, by striking 

‘‘$65,400,000’’ in the amount column and inserting 

‘‘$60,400,000’’; 

(4) by striking the item relating to Tikrit, Iraq; and 

(5) in the item relating to Camp Speicher, Iraq, by striking 

‘‘$83,900,000’’ in the amount column and inserting 

‘‘$74,100,000’’. 

(b) CONFORMING AMENDMENTS.—Section 2901(c) of the Military 

Construction Authorization Act for Fiscal Year 2008 (division B of 

Public Law 110–181; 122 Stat. 571) is amended— 

(1) by striking ‘‘$1,257,750,000’’ and inserting 

‘‘$1,152,100,000’’; and 

(2) in paragraph (2), by striking ‘‘$1,055,450,000’’ and inserting ‘‘$949,800,000’’. 

Subtitle B—Fiscal Year 2009 Projects 

SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

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

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

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

military construction projects to construct or renovate warrior transition unit facilities at the installations or locations inside the 

United States set forth in the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Various .......................... Various locations .................................................. $400,000,000 

(b) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for military construction, land acquisition, and 

military family housing functions of the Department of the Army 

in the total amount of $450,000,000, as follows: 

(1) For military construction projects inside the United 

States authorized by subsection (a), $400,000,000. 

(2) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$50,000,000. 

(c) REPORT REQUIRED BEFORE COMMENCING CERTAIN

PROJECTS.—Funds may not be obligated for the projects authorized 


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by this section until 14 days after the date on which the Secretary 

of Defense submits to the congressional defense committees a report containing a detailed justification for the projects. 

SEC. 2912. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

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

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

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

military construction projects to construct or renovate warrior transition unit facilities at the installations or locations inside the 

United States set forth in the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

Various .......................... Various locations .................................................. $40,000,000 

(b) AUTHORIZATION OF APPROPRIATIONS.—Subject to section 2825 

of title 10, United States Code, funds are hereby authorized to be 

appropriated for fiscal years beginning after September 30, 2008, 

for military construction, land acquisition, and military family 

housing functions of the Department of the Navy in the total 

amount of $50,000,000, as follows: 

(1) For military construction projects inside the United 

States authorized by subsection (a), $40,000,000. 

(2) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$10,000,000. 

(c) REPORT REQUIRED BEFORE COMMENCING CERTAIN

PROJECTS.—Funds may not be obligated for the projects authorized 

by this section until 14 days after the date on which the Secretary 

of Defense submits to the congressional defense committees a report containing a detailed justification for the projects. 

DIVISION C—DEPARTMENT OF ENERGY 

NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Sec. 3105. Energy security and assurance. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Modification of functions of Administrator for Nuclear Security to include elimination of surplus fissile materials usable for nuclear weapons. 


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Sec. 3112. Limitation on Funding for Project 04-D-125 Chemistry and Metallurgy 

Research Replacement facility project, Los Alamos National Laboratory, 

Los Alamos, New Mexico. 

Sec. 3113. Nonproliferation and national security scholarship and fellowship program. 

Sec. 3114. Enhancing nuclear forensics capabilities. 

Sec. 3115. Utilization of contributions to International Nuclear Materials Protection and Cooperation program and Russian plutonium disposition program. 

Sec. 3116. Review of and reports on Global Initiatives for Proliferation Prevention 

program. 

Sec. 3117. Limitation on availability of funds for Global Nuclear Energy Partnership. 

Subtitle C—Reports 

Sec. 3121. Extension of deadline for Comptroller General report on Department of 

Energy protective force management. 

Sec. 3122. Report on compliance with Design Basis Threat issued by the Department of Energy in 2005. 

Sec. 3123. Modification of submittal of reports on inadvertent releases of restricted 

data. 

Subtitle A—National Security Programs 

Authorizations 

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal 

year 2009 for the activities of the National Nuclear Security Administration in carrying out programs necessary for national security in the amount of $9,752,507,000, to be allocated as follows: (1) For weapons activities, $6,625,111,000. 

(2) For defense nuclear nonproliferation activities, including $528,782,000 for fissile materials disposition, $1,895,261,000. (3) For naval reactors, $828,054,000. 

(4) For the Office of the Administrator for Nuclear Security, $404,081,000. 

(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds referred to in subsection (a) that are available for carrying out plant 

projects, the Secretary of Energy may carry out new plant projects 

for the National Nuclear Security Administration as follows: 

(1) For readiness in technical base and facilities, the following new plant projects: 

Project 09–D–404, Test Capabilities Revitalization Phase 

2, Sandia National Laboratory, Albuquerque, New Mexico, 

$3,200,000. 

Project 08–D–806, Ion Beam Laboratory Project, Sandia 

National Laboratory, Albuquerque, New Mexico, 

$10,014,000. 

(2) For naval reactors, the following new plant projects: 

Project 09–D–902, Naval Reactors Facility Production 

Support Complex, Naval Reactors Facility, Idaho Falls, 

Idaho, $8,300,000. 

Project 09–D–190, Project engineering and design, 

Knolls Atomic Power Laboratory infrastructure upgrades, 

Knolls Atomic Power Laboratory, Kesselring Site, Schenectady, New York, $1,000,000. 


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SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2009 for defense environmental 

cleanup activities in carrying out programs necessary for national 

security in the amount of $5,297,256,000. 

SEC. 3103. OTHER DEFENSE ACTIVITIES. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2009 for other defense activities in 

carrying out programs necessary for national security in the 

amount of $826,453,000. 

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2009 for defense nuclear waste disposal for payment to the Nuclear Waste Fund established in section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

10222(c)) in the amount of $222,371,000. 

SEC. 3105. ENERGY SECURITY AND ASSURANCE. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2009 for energy security and assurance programs necessary for national security in the amount of 

$7,622,000. 

Subtitle B—Program Authorizations, 

Restrictions, and Limitations 

SEC. 3111. MODIFICATION OF FUNCTIONS OF ADMINISTRATOR FOR 

NUCLEAR SECURITY TO INCLUDE ELIMINATION OF SURPLUS FISSILE MATERIALS USABLE FOR NUCLEAR WEAPONS. 

Section 3212(b) of the National Nuclear Security Administration 

Act (50 U.S.C. 2402(b)) is amended— 

(1) by redesignating paragraph (18) as paragraph (19); and 

(2) by inserting after paragraph (17) the following new paragraph (18): 

‘‘(18) Eliminating inventories of surplus fissile materials usable for nuclear weapons.’’. 

SEC. 3112. LIMITATION ON FUNDING FOR PROJECT 04–D–125 CHEMISTRY AND METALLURGY RESEARCH REPLACEMENT FACILITY PROJECT, LOS ALAMOS NATIONAL LABORATORY, 

LOS ALAMOS, NEW MEXICO. 

Of the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for fiscal year 

2009 for Project 04–D–125 Chemistry and Metallurgy Research Replacement (in this section referred to as ‘‘CMRR’’) facility project, 

Los Alamos National Laboratory, Los Alamos, New Mexico, not 

more than $50,200,000 may be made available until— 

(1) the Administrator for Nuclear Security and the Defense 

Nuclear Facilities Safety Board have each submitted a certification to the congressional defense committees stating that the 

concerns raised by the Defense Nuclear Facilities Safety Board 

regarding the design of CMRR safety class systems (including 

ventilation systems) and seismic issues have been resolved; 

and 


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(2) a period of 15 days has elapsed after both certifications 

under paragraph (1) have been submitted. 

SEC. 3113. NONPROLIFERATION AND NATIONAL SECURITY SCHOLARSHIP AND FELLOWSHIP PROGRAM. 

(a) ESTABLISHMENT.—The Administrator for Nuclear Security 

shall carry out a program to provide scholarships and fellowships 

for the purpose of enabling individuals to qualify for employment 

in the nonproliferation and national security programs of the Department of Energy. 

(b) ELIGIBLE INDIVIDUALS.—An individual shall be eligible for a 

scholarship or fellowship under the program established under this 

section if the individual— 

(1) is a citizen or national of the United States or an alien 

lawfully admitted to the United States for permanent residence; 

(2) has been accepted for enrollment or is currently enrolled 

as a full-time student at an institution of higher education (as 

defined in section 102(a) of the Higher Education Act of 1965 

(20 U.S.C. 1002(a)); 

(3) is pursuing a program of education that leads to an appropriate higher education degree in a qualifying field of study, 

as determined by the Administrator; 

(4) enters into an agreement described in subsection (c); and 

(5) meets such other requirements as the Administrator prescribes. 

(c) AGREEMENT.—An individual seeking a scholarship or fellowship under the program established under this section shall enter 

into an agreement, in writing, with the Administrator that includes 

the following: 

(1) The agreement of the Administrator to provide such individual with a scholarship or fellowship in the form of educational assistance for a specified number of school years (not 

to exceed five school years) during which such individual is 

pursuing a program of education in a qualifying field of study, 

which educational assistance may include payment of tuition, 

fees, books, laboratory expenses, and a stipend. 

(2) The agreement of such individual— 

(A) to accept such educational assistance; 

(B) to maintain enrollment and attendance in a program 

of education described in subsection (b)(2) until such individual completes such program; 

(C) while enrolled in such program, to maintain satisfactory academic progress in such program, as determined by 

the institution of higher education in which such individual is enrolled; and 

(D) after completion of such program, to serve as a fulltime employee in a nonproliferation or national security 

position in the Department of Energy or at a laboratory of 

the Department for a period of not less than 12 months for 

each school year or part of a school year for which such individual receives a scholarship or fellowship under the program established under this section. 

(3) The agreement of such individual with respect to the repayment requirements specified in subsection (d). 


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(d) REPAYMENT.— (1) IN GENERAL.—An individual receiving a scholarship or 

fellowship under the program established under this section 

shall agree to pay to the United States the total amount of 

educational assistance provided to such individual under such 

program, plus interest at the rate prescribed by paragraph (4), 

if such individual— 

(A) does not complete the program of education agreed 

to pursuant to subsection (c)(2)(B); 

(B) completes such program of education but declines to 

serve in a position in the Department of Energy or at a 

laboratory of the Department as agreed to pursuant to 

subsection (c)(2)(D); or 

(C) is voluntarily separated from service or involuntarily 

separated for cause from the Department of Energy or a 

laboratory of the Department before the end of the period 

for which such individual agreed to continue in the service 

of the Department pursuant to subsection (c)(2)(D). 

(2) FAILURE TO REPAY.—If an individual who received a 

scholarship or fellowship under the program established under 

this section is required to repay, pursuant to an agreement 

under paragraph (1), the total amount of educational assistance provided to such individual under such program, plus interest at the rate prescribed by paragraph (4), and fails repay 

such amount, a sum equal to such amount (plus such interest) 

is recoverable by the United States Government from such individual or the estate of such individual by— 

(A) in the case of an individual who is an employee of 

the United States Government, setoff against accrued pay, 

compensation, amount of retirement credit, or other 

amount due the employee from the Government; or 

(B) such other method as is provided by law for the recovery of amounts owed to the Government. 

(3) WAIVER OF REPAYMENT.—The Administrator may waive, 

in whole or in part, repayment by an individual under this 

subsection if the Administrator determines that seeking recovery under paragraph (2) would be against equity and good conscience or would be contrary to the best interests of the United 

States. 

(4) RATE OF INTEREST.—For purposes of repayment under 

this subsection, the total amount of educational assistance provided to an individual under the program established under 

this section shall bear interest at the applicable rate of interest 

under section 427A(c) of the Higher Education Act of 1965 (20 

U.S.C. 1077a(c)). 

(e) PREFERENCE FOR COOPERATIVE EDUCATION STUDENTS.—In 

evaluating individuals for the award of a scholarship or fellowship 

under the program established under this section, the Administrator may give a preference to an individual who is enrolled in, 

or accepted for enrollment in, an institution of higher education 

that has a cooperative education program with the Department of 

Energy. 

(f) COORDINATION OF BENEFITS.—A scholarship or fellowship 

awarded under the program established under this section shall be 


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taken into account in determining the eligibility of an individual 

receiving such scholarship or fellowship for Federal student financial assistance provided under title IV of the Higher Education Act 

of 1965 (20 U.S.C. 1070 et seq.). 

(g) REPORT TO CONGRESS.—Not later than January 1, 2010, the 

Administrator shall submit to the congressional defense committees a report on the activities carried out under the program established under this section, including any recommendations for future activities under such program. 

(h) FUNDING.—Of the amounts authorized to be appropriated by 

section 3101(a)(2) for defense nuclear nonproliferation activities, 

$3,000,000 shall be available to carry out the program established 

under this section. 

SEC. 3114. ENHANCING NUCLEAR FORENSICS CAPABILITIES. 

(a) RESEARCH AND DEVELOPMENT PLAN FOR NUCLEAR FORENSICS

AND ATTRIBUTION.— (1) RESEARCH AND DEVELOPMENT.—The Secretary of Energy 

shall prepare and implement a research and development plan 

to improve nuclear forensics capabilities in the Department of 

Energy and at the national laboratories overseen by the Department of Energy. The plan shall focus on improving 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 that can attribute 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 the 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 the 

enactment of this Act, a report on the status of implementing 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. 

(b) ADDITIONAL INFORMATION IN THE 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 access to data.’’. 


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

enactment of this Act, the President shall submit to the appropriate committees of Congress a report on the involvement of 

senior-level executive branch leadership in nuclear terrorism 

preparedness exercises that include nuclear forensics analysis. 

(2) APPROPRIATE COMMITTEES OF CONGRESS.—In this subsection, the term ‘‘appropriate committees of Congress’’ 

means— 

(A) the Committee on Appropriations, the Committee on 

Armed Services, and the Committee on Homeland Security 

of the House of Representatives; and 

(B) the Committee on Appropriations, the Committee on 

Armed Services, and the Committee on Homeland Security 

and Governmental Affairs of the Senate. 

SEC. 3115. UTILIZATION OF CONTRIBUTIONS TO INTERNATIONAL NUCLEAR MATERIALS PROTECTION AND COOPERATION 

PROGRAM AND RUSSIAN PLUTONIUM DISPOSITION PROGRAM. 

Section 3114 of the National Defense Authorization Act for Fiscal 

Year 2007 (50 U.S.C. 2301 note) is amended— 

(1) in the heading, by striking ‘‘second line of defense program’’ and inserting ‘‘international nuclear materials protection and cooperation program and russian plutonium 

disposition program’’; 

(2) by striking ‘‘Second Line of Defense program’’ each place 

it appears and inserting ‘‘International Nuclear Materials Protection and Cooperation program or Russian Plutonium Disposition program’’; and 

(3) in subsection (f), by striking ‘‘2013’’ and inserting ‘‘2015’’. 

SEC. 3116. REVIEW OF AND REPORTS ON GLOBAL INITIATIVES FOR 

PROLIFERATION PREVENTION PROGRAM. 

(a) REVIEW OF PROGRAM.— (1) IN GENERAL.—The Administrator for Nuclear Security 

shall conduct a review of the Global Initiatives for Proliferation 

Prevention program. 

(2) REPORT REQUIRED.—Not later than October 1, 2009, the 

Administrator shall submit to the congressional defense committees a report setting forth the results of the review required 

under paragraph (1). The report shall include each of the following: 

(A) A description of the goals of the Global Initiatives for 

Proliferation Prevention program and the criteria for partnership projects under the program. 

(B) Recommendations regarding the following: 

(i) Whether to continue or bring to a close each of 

the partnership projects under the program in existence on the date of the enactment of this Act, and, if 

any such project is recommended to be continued, a 

description of how that project will meet the criteria 

under subparagraph (A). 

(ii) Whether to enter into new partnership projects 

under the program with Russia or other countries of 

the former Soviet Union. 


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(iii) Whether to enter into new partnership projects 

under the program in countries other than countries of 

the former Soviet Union. 

(C) A plan and criteria for completing partnership 

projects under the program. 

(b) REPORT ON FUNDING FOR PROJECTS UNDER PROGRAM.— 

(1) IN GENERAL.—The Administrator shall submit to the congressional defense committees a report on— 

(A) the purposes for which amounts made available for 

the Global Initiatives for Proliferation Prevention program 

for fiscal year 2009 will be obligated or expended; and 

(B) the amount to be obligated or expended for each 

partnership project under the program in fiscal year 2009. 

(2) LIMITATION ON FUNDING BEFORE SUBMITTAL OF REPORT.— 

None of the amounts authorized to be appropriated for fiscal 

year 2009 by section 3101(a)(2) for defense nuclear nonproliferation activities and available for the Global Initiatives 

for Proliferation Prevention program may be obligated or expended until the date that is 30 days after the date on which 

the Administrator submits to the congressional defense committees the report required under paragraph (1). 

SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL NUCLEAR ENERGY PARTNERSHIP. 

(a) LIMITATION.—Of the amounts authorized to be appropriated 

for fiscal year 2009 by section 3101(a)(2) for defense nuclear nonproliferation activities, not more than $3,000,000 may be used for 

projects that are specifically designed for the Global Nuclear Energy Partnership. Any amount so used may not be expended until 

30 days after the date on which the Administrator of the National 

Nuclear Security Administration submits to Congress a report that 

describes in detail the full amount of funding that the Administrator plans to expend for any effort related to the Global Nuclear 

Energy Partnership. 

(b) USE OF FUNDS.—Any amount made available pursuant to an 

authorization of appropriations under section 3101(a)(2) that is covered by the limitation under subsection (a) shall only be available 

for nonproliferation risk assessments relating to the Global Nuclear 

Energy Partnership and related work on export control reviews and 

determinations. 

Subtitle C—Reports 

SEC. 3121. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL 

REPORT ON DEPARTMENT OF ENERGY PROTECTIVE 

FORCE MANAGEMENT. 

Section 3124(a)(1) of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 580) is amended 

by striking ‘‘Not later than 180 days after the date of the enactment of this Act,’’ and inserting ‘‘Not later than March 1, 2009,’’. 

SEC. 3122. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT 

ISSUED BY THE DEPARTMENT OF ENERGY IN 2005. 

(a) IN GENERAL.—Not later than January 2, 2009, the Secretary 

of Energy shall submit to the congressional defense committees a 


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report setting forth the status of the compliance of Department of 

Energy sites with the Design Basis Threat issued by the Department in November 2005 (in this section referred to as the ‘‘2005 

Design Basis Threat’’). 

(b) ELEMENTS.—The report required by subsection (a) shall include the following: 

(1) For each Department of Energy site subject to the 2005 

Design Basis Threat, an assessment of whether the site has 

achieved compliance with the 2005 Design Basis Threat. 

(2) For each such site that has not achieved compliance with 

the 2005 Design Basis Threat— 

(A) a description of the reasons for the failure to achieve 

compliance; 

(B) a plan to achieve compliance; 

(C) a description of the actions that will be taken to 

mitigate any security shortfalls until compliance is 

achieved; and 

(D) an estimate of the annual funding requirements to 

achieve compliance. 

(3) A list of such sites with Category I nuclear materials that 

the Secretary determines will not achieve compliance with the 

2005 Design Basis Threat. 

(4) For each site identified under paragraph (3), a plan to remove all Category I nuclear materials from such site, including— 

(A) a schedule for the removal of such nuclear materials 

from such site; 

(B) a clear description of the actions that will be taken 

to ensure the security of such nuclear materials; and 

(C) an estimate of the annual funding requirements to 

remove such nuclear materials from such site. 

(5) An assessment of the adequacy of the 2005 Design Basis 

Threat in addressing security threats at Department of Energy 

sites, and a description of any plans for updating, modifying, 

or otherwise revising the approach taken by the 2005 Design 

Basis Threat to establish enhanced security requirements for 

Department of Energy sites. 

SEC. 3123. MODIFICATION OF SUBMITTAL OF REPORTS ON INADVERTENT RELEASES OF RESTRICTED DATA. 

(a) IN GENERAL.—Section 4522 of the Atomic Energy Defense Act 

(50 U.S.C. 2672) is amended— 

(1) in subsection (e), by striking ‘‘on a periodic basis’’ and inserting ‘‘in each even-numbered year’’; and 

(2) in subsection (f), by striking paragraph (2) and inserting 

the following new paragraph (2): 

‘‘(2) The Secretary of Energy shall, in each even-numbered year 

beginning in 2010, submit to the committees and Assistant to the 

President specified in subsection (d) a report identifying any inadvertent releases of Restricted Data or Formerly Restricted Data 

under Executive Order No. 12958 discovered in the two-year period 

preceding the submittal of the report.’’. 

(b) TECHNICAL CORRECTION.—Subsection (e) of such section, as 

amended by subsection (a)(1) of this section, is further amended by 

striking ‘‘subsection (b)(4)’’ and inserting ‘‘subsection (b)(5)’’. 


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TITLE XXXII—DEFENSE NUCLEAR 

FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

SEC. 3201. AUTHORIZATION. 

There are authorized to be appropriated for fiscal year 2009, 

$25,499,000 for the operation of the Defense Nuclear Facilities 

Safety Board under chapter 21 of the Atomic Energy Act of 1954 

(42 U.S.C. 2286 et seq.). 

TITLE XXXIV—NAVAL PETROLEUM 

RESERVE 

Sec. 3401. Authorization of appropriations. 

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

(a) AMOUNT.—There is hereby authorized to be appropriated to 

the Secretary of Energy $19,099,000 for fiscal year 2009 for the 

purpose of carrying out activities under chapter 641 of title 10, 

United States Code, relating to the naval petroleum reserves. 

(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 

the authorization of appropriations in subsection (a) shall remain 

available until expended. 

TITLE XXXV—MARITIME 

ADMINISTRATION 

Sec. 3501. Authorization of appropriations for fiscal year 2009. 

Sec. 3502. Limitation on export of vessels owned by the Government of the United 

States for the purpose of dismantling, recycling, or scrapping. 

Sec. 3503. Student incentive payment agreements. 

Sec. 3504. Riding gang member requirements. 

Sec. 3505. Maintenance and Repair Reimbursement Program for the Maritime Security Fleet. 

Sec. 3506. Temporary program authorizing contracts with adjunct professors at the 

United States Merchant Marine Academy and for other purposes. 

Sec. 3507. Actions to address sexual harassment and violence at the United States 

Merchant Marine Academy. 

Sec. 3508. Assistance for small shipyards and maritime communities. 

Sec. 3509. Marine war risk insurance. 

Sec. 3510. MarAd consultation on Jones Act Waivers. 

Sec. 3511. Transportation in American vessels of government personnel and certain 

cargoes. 

Sec. 3512. Port of Guam Improvement Enterprise Program. 

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 

2009. 

Funds are hereby authorized to be appropriated for fiscal year 

2009, to be available without fiscal year limitation if so provided 

in appropriations Acts, for the use of the Department of Transportation for the Maritime Administration as follows: 

(1) For expenses necessary for operations and training activities, $142,803,000, of which— 


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(A) $79,858,000 shall remain available until expended 

for expenses at the United States Merchant Marine Academy, (B) $26,640,000 shall remain available until expended 

for capital improvements at the United States Merchant 

Marine Academy, and (C) $10,987,000 shall remain available until expended 

for maintenance and repair of school ships of the State 

Maritime Academies. 

(2) For expenses to maintain and preserve a United Statesflag merchant fleet to serve the national security needs of the 

United States under chapter 531 of title 46, Unites States 

Code, $193,500,000, of which $19,500,000 will be available for 

costs associated with the maintenance reimbursement pilot 

program under section 3517 of the Maritime Security Act of 

2003 (46 U.S.C. 53101 note). 

(3) For expenses to dispose of obsolete vessels in the Na- tional Defense Reserve Fleet, $18,000,000. 

(4) For the cost (as defined in section 502(5) of the Federal 

Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees under the program authorized by chapter 537 of title 46, 

United States Code, $30,000,000. 

(5) For administrative expenses related to the implementation of the loan guarantee program under chapter 537 of title 

46, United States Code, administrative expenses related to implementation of the reimbursement program under section 

3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 

note), and administrative expenses related to the implementation of the small shipyards and maritime communities assistance program under section 54101 of title 46, United States 

Code, $6,000,000. 

SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY THE GOVERNMENT OF THE UNITED STATES FOR THE PURPOSE OF 

DISMANTLING, RECYCLING, OR SCRAPPING. 

(a) IN GENERAL.—Except as provided in subsection (b), no vessel 

that is owned by the Government of the United States shall be approved for export to a foreign country for purposes of dismantling, 

recycling, or scrapping. 

(b) EXCEPTION.—Subsection (a) shall not apply with respect to a 

vessel if the Administrator of the Maritime Administration certifies 

to the Committee on Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that— 

(1) a compelling need for dismantling, recycling, or scrapping 

the vessel exists; 

(2) there is no available capacity in the United States to conduct the dismantling, recycling, or scrapping of the vessel; 

(3) any dismantling, recycling, or scrapping of the vessel in 

a foreign country will be conducted in full compliance with environmental, safety, labor, and health requirements for ship 

dismantling, recycling, or scrapping that are equivalent to the 

laws of the United States; and 

(4) the export of the vessel under this section will only be for 

dismantling, recycling, or scrapping of the vessel. 


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(c) UNITED STATES DEFINED.—In this section the term ‘‘United 

States’’ means the States of the United States, Puerto Rico, and 

Guam. 

SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS. 

Section 51509(b) of title 46, United States Code, is amended— 

(1) by striking ‘‘$4,000’’ and inserting ‘‘$8,000’’; 

(2) by inserting ‘‘tuition,’’ after ‘‘uniforms,’’; and 

(3) by inserting ‘‘before the start of each academic year’’ after 

‘‘and be paid’’. 

SEC. 3504. RIDING GANG MEMBER REQUIREMENTS. 

Section 1018 of the John Warner National Defense Authorization 

Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2380) is 

amended to read as follows: 

‘‘SEC. 1018. RIDING GANG MEMBER REQUIREMENTS. 

‘‘(a) IN GENERAL.—The Secretary of Defense may not award, 

renew, extend, or exercise an option to extend any charter of a vessel documented under chapter 121 of title 46, United States Code, 

for the Department of Defense, or any contract for the carriage of 

cargo by a vessel documented under that chapter for the Department of Defense, unless the charter or contract, respectively, includes provisions that— 

‘‘(1) subject to paragraph (2), allow riding gang members to 

perform work on the vessel during the effective period of the 

charter or contract only under terms, conditions, restrictions, 

and requirements as provided in section 8106 of title 46, 

United States Code; and 

‘‘(2) require that riding gang members hold a merchant mariner’s document issued under chapter 73 of title 46, United 

States Code, or a transportation security card issued under 

section 70105 of such title. 

‘‘(b) EXEMPTION.— 

‘‘(1) IN GENERAL.—In accordance with regulations issued by 

the Secretary of Defense, an individual shall not be treated as 

a riding gang member for the purposes of section 8106 of title 

46, United States Code, and this section if— 

‘‘(A) the individual is aboard a vessel that is under charter or contract for the carriage of cargo for the Department 

of Defense, for purposes other than engaging in the operation or maintenance of the vessel; and 

‘‘(B) the individual— 

‘‘(i) accompanies, supervises, guards, or maintains 

unit equipment aboard a ship, commonly referred to 

as supercargo personnel; 

‘‘(ii) is one of the force protection personnel of the 

vessel; 

‘‘(iii) is a specialized repair technician; or 

‘‘(iv) is otherwise required by the Secretary of Defense to be aboard the vessel. 

‘‘(2) BACKGROUND CHECK.— 

‘‘(A) IN GENERAL.—This section shall not apply to an individual unless— 


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‘‘(i) the name and other necessary identifying information for the individual is submitted to the Secretary 

for a background check; and 

‘‘(ii) except as provided in subparagraph (B), the individual successfully passes a background check by the 

Secretary prior to going aboard the vessel. 

‘‘(B) WAIVER.—The Secretary may waive the application 

of subparagraph (A)(ii) for an individual who holds a merchant mariner’s document issued under chapter 73 of title 

46, United States Code, or a transportation security card 

issued under section 70105 of such title. 

‘‘(3) EXEMPTED INDIVIDUAL NOT TREATED AS IN ADDITION TO

THE CREW.—An individual who, under paragraph (1), is not 

treated as a riding gang member shall not be counted as an 

individual in addition to the crew for the purposes of section 

3304 of title 46, United States Code.’’. 

SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT PROGRAM 

FOR THE MARITIME SECURITY FLEET. 

Section 3517(a) of the Maritime Security Act of 2003 (46 U.S.C. 

53101 note; as amended by section 3503 of the National Defense 

Authorization Act for Fiscal Year 2006 (119 Stat. 3548)) is amended by adding at the end the following: 

‘‘(3) EXISTING OPERATING AGREEMENTS.—The Secretary of 

Transportation shall, subject to the availability of appropriations, seek to enter into an agreement under this section with 

one or more contractors under an operating agreement under 

that chapter that is in effect on the date of the enactment of 

this paragraph, regarding maintenance and repair of all vessels that are subject to the operating agreement.’’. 

SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH 

ADJUNCT PROFESSORS AT THE UNITED STATES MERCHANT MARINE ACADEMY AND FOR OTHER PURPOSES. 

(a) IN GENERAL.—The Maritime Administrator may establish a 

temporary program for the purpose of, subject to the availability of 

appropriations, contracting with individuals as personal services 

contractors to provide services as adjunct professors at the Academy, if the Maritime Administrator determines that there is a need 

for adjunct professors and the need is not of permanent duration. 

(b) CONTRACT REQUIREMENTS.—Each contract under the program— 

(1) must be approved by the Maritime Administrator; 

(2) subject to paragraph (3), shall be for a duration, including 

options, of not to exceed one year unless the Maritime Administrator finds that exceptional circumstances justify an extension of up to one additional year; and 

(3) shall terminate not later than 6 months after the termination of contract authority under subsection (d). 

(c) LIMITATION ON NUMBER OF CONTRACTORS.—In awarding contacts under the program, the Maritime Administrator shall ensure 

that not more than 25 individuals actively provide services in any 

one academic trimester, or equivalent, as contractors under the 

program. 


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(d) TERMINATION OF CONTRACTING AUTHORITY.—The authority to 

award contracts under the program shall terminate upon the end 

of the academic year 2008–2009. 

(e) EXISTING CONTRACTS.—Any contract entered into before the 

effective date of this section for the services of an adjunct professor 

at the Academy shall remain in effect for the trimester (or trimesters) for which the services were contracted. 

(f) DEFINITIONS.—In this section: 

(1) ACADEMY.—The term ‘‘Academy’’ means the United 

States Merchant Marine Academy. 

(2) MARITIME ADMINISTRATOR.—The term ‘‘Maritime Administrator’’ means the Administrator of the Maritime Administration, or a designee of the Administrator. 

(3) PROGRAM.—The term ‘‘program’’ means the program established under subsection (a). 

(g) GIFTS TO THE ACADEMY.— 

(1) IN GENERAL.—Chapter 513 of title 46, United States 

Code, is amended by adding at the end thereof the following: 

‘‘§ 51315. Gifts to the Merchant Marine Academy 

‘‘(a) IN GENERAL.—The Maritime Administrator may accept and 

use conditional or unconditional gifts of money or property for the 

benefit of the United States Merchant Marine Academy, including 

acceptance and use for non-appropriated fund instrumentalities of 

the Merchant Marine Academy. The Maritime Administrator may 

accept a gift of services in carrying out the Administrator’s duties 

and powers. Property accepted under this section and proceeds 

from that property must be used, as nearly as possible, in accordance with the terms of the gift. 

‘‘(b) ESTABLISHMENT OF ACADEMY GIFT FUND.—There is established in the Treasury a fund, to be known as the ‘Academy Gift 

Fund’. Disbursements from the Fund shall be made on order of the 

Maritime Administrator. Unless otherwise specified by the terms of 

the gift, the Maritime Administrator may use monies in the Fund 

for appropriated or non-appropriated purposes at the Academy. The 

Fund consists of— 

‘‘(1) gifts of money; 

‘‘(2) income from donated property accepted under this section; 

‘‘(3) proceeds from the sale of donated property; and 

‘‘(4) income from securities under subsection (c) of this section. 

‘‘(c) INVESTMENT OF FUND BALANCES.—On request of the Maritime Administrator, the Secretary of the Treasury may invest and 

reinvest amounts in the Fund in securities of, or in securities the 

principal and interest of which is guaranteed by, the United States 

Government. 

‘‘(d) DISBURSEMENT AUTHORITY.—There are hereby authorized to 

be disbursed from the Fund such sums as may be on deposit, to 

remain available until expended. 

‘‘(e) DEDUCTIBILITY OF GIFTS.—Gifts accepted under this section 

are a gift to or for the use of the Government under the Internal 

Revenue Code of 1986.’’. 


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(2) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 513 of title 46, United States Code, is amended by adding at the end the following: 

‘‘51315. Gifts to the Merchant Marine Academy.’’. 

(h) TEMPORARY APPOINTMENTS TO THE ACADEMY.— 

(1) IN GENERAL.—Chapter 513 of title 46, United States 

Code, as amended by section 3513 of this Act, is further 

amended by adding at the end thereof the following: 

‘‘§ 51316. Temporary appointments to the Academy 

‘‘Notwithstanding any other provision of law, the Maritime Administrator may appoint any present employee of the United States 

Merchant Marine Academy non-appropriated fund instrumentality 

to a position on the General Schedule of comparable pay. Eligible 

personnel shall be engaged in work permissibly funded by annual 

appropriations, and such appointments to the Civil Service shall be 

without regard to competition, for a term not to exceed 2 years.’’. 

(2) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 513 of title 46, United States Code, as amended by section 3513 of this Act, is further amended by adding at the end 

the following: 

‘‘51316. Temporary appointments to the Academy.’’. 

SEC. 3507. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND VIOLENCE AT THE UNITED STATES MERCHANT MARINE 

ACADEMY. 

(a) REQUIRED POLICY.—The Secretary of Transportation shall direct the Superintendent of the United States Merchant Marine 

Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy. 

(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy on sexual 

harassment and sexual violence prescribed under this section shall 

include— 

(1) a program to promote awareness of the incidence of rape, 

acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel; 

(2) procedures that a cadet should follow in the case of an 

occurrence of sexual harassment or sexual violence, including— 

(A) a specification of the person or persons to whom an 

alleged occurrence of sexual harassment or sexual violence 

should be reported by a cadet and the options for confidential reporting; 

(B) a specification of any other person whom the victim 

should contact; and 

(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault; 

(3) a procedure for disciplinary action in cases of alleged 

criminal sexual assault involving a cadet or other Academy 

personnel; 

(4) any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving 

a cadet or other Academy personnel in rape, acquaintance 


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rape, or any other criminal sexual offense, whether forcible or 

nonforcible; and 

(5) required training on the policy for all cadets and other 

Academy personnel, including the specific training required for 

personnel who process allegations of sexual harassment or sexual violence involving Academy personnel. 

(c) ANNUAL ASSESSMENT.— 

(1) The Secretary shall direct the Superintendent to conduct 

an assessment at the Academy during each Academy program 

year, to be administered by the Department of Transportation, 

to determine the effectiveness of the policies, training, and procedures of the Academy with respect to sexual harassment and 

sexual violence involving Academy personnel. 

(2) For the assessment at the Academy under paragraph (1) 

with respect to an Academy program year that begins in an 

odd-numbered calendar year, the Superintendent shall conduct 

a survey, to be administered by the Department, of Academy 

personnel— 

(A) to measure— 

(i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off 

the Academy reservation, that have been reported to 

officials of the Academy; and 

(ii) the incidence, during that program year, of sexual harassment and sexual violence events, on or off 

the Academy reservation, that have not been reported 

to officials of the Academy; and 

(B) to assess the perceptions of Academy personnel of— 

(i) the policies, training, and procedures on sexual 

harassment and sexual violence involving Academy 

personnel; 

(ii) the enforcement of such policies; 

(iii) the incidence of sexual harassment and sexual 

violence involving Academy personnel; and 

(iv) any other issues relating to sexual harassment 

and sexual violence involving Academy personnel. 

(d) ANNUAL REPORT.— 

(1) The Secretary shall direct the Superintendent of the 

Academy to submit to the Secretary a report on sexual harassment and sexual violence involving cadets or other personnel 

at the Academy for each Academy program year. 

(2) Each report under paragraph (1) shall include, for the 

Academy program year covered by the report, the following: 

(A) The number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel 

that have been reported to Academy officials during the 

program year and, of those reported cases, the number 

that have been substantiated. 

(B) The policies, procedures, and processes implemented 

by the Superintendent and the leadership of the Academy 

in response to sexual harassment and sexual violence involving cadets or other Academy personnel during the program year. 


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(C) A plan for the actions that are to be taken in the following Academy program year regarding prevention of and 

response to sexual harassment and sexual violence involving cadets or other Academy personnel. 

(3) Each report under paragraph (1) for an Academy program 

year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that program year 

under subsection (c)(2). 

(4)(A) The Superintendent shall transmit to the Secretary, 

and to the Board of Visitors of the Academy, each report received by the Superintendent under this subsection, together 

with the Superintendent’s comments on the report. 

(B) The Secretary shall transmit each such report, together 

with the Secretary’s comments on the report, to the Senate 

Committee on Commerce, Science, and Transportation and the 

House of Representatives Committee on Transportation and 

Infrastructure. 

SEC. 3508. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME COMMUNITIES. 

(a) IN GENERAL.—Title 46, United States Code, is amended by inserting the following new chapter after chapter 539: 

‘‘CHAPTER 541—MISCELLANEOUS 

‘‘Sec 

‘‘54101. Assistance for small shipyards and maritime communities 

‘‘§ 54101. Assistance for small shipyards and maritime communities 

‘‘(a) ESTABLISHMENT OF PROGRAM.—Subject to the availability of 

appropriations, the Administrator of the Maritime Administration 

shall execute agreements with shipyards to provide assistance— 

‘‘(1) in the form of grants, loans, and loan guarantees to 

small shipyards for capital improvements; and 

‘‘(2) for maritime training programs to foster technical skills 

and operational productivity in communities whose economies 

are related to or dependent upon the maritime industry. 

‘‘(b) AWARDS.—In providing assistance under the program, the 

Administrator shall— 

‘‘(1) take into account— 

‘‘(A) the economic circumstances and conditions of maritime communities; 

‘‘(B) projects that would be effective in fostering efficiency, competitive operations, and quality ship construction, repair, and reconfiguration; and 

‘‘(C) projects that would be effective in fostering employee skills and enhancing productivity; and 

‘‘(2) make grants within 120 days after the date of enactment 

of the appropriations Act for the fiscal year concerned. 

‘‘(c) USE OF FUNDS.— 

‘‘(1) IN GENERAL.—Assistance provided under this section 

may be used— 

‘‘(A) to make capital and related improvements in small 

shipyards located in or near maritime communities; 


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‘‘(B) to provide training for workers in communities 

whose economies are related to the maritime industry; and 

‘‘(C) for such other purposes as the Administrator determines to be consistent with and supplemental to such activities. 

‘‘(2) ADMINISTRATIVE COSTS.—Not more than 2 percent of 

amounts made available to carry out the program may be used 

for the necessary costs of grant administration. 

‘‘(d) PROHIBITED USES.—Grants awarded under this section may 

not be used to construct buildings or other physical facilities or to 

acquire land unless such use is specifically approved by the Administrator in support of subsection (c)(1)(C). 

‘‘(e) MATCHING REQUIREMENTS; ALLOCATION.— 

‘‘(1) FEDERAL FUNDING.—Except as provided in paragraph 

(2), Federal funds for any eligible project under this section 

shall not exceed 75 percent of the total cost of such project. 

‘‘(2) EXCEPTION.—If the Administrator determines that a proposed project merits support and cannot be undertaken without a higher percentage of Federal financial assistance, the Administrator may award a grant for such project with a lesser 

matching requirement than is described in paragraph (1). 

‘‘(3) ALLOCATION OF FUNDS.—The Administrator may not 

award more than 25 percent of the funds appropriated to carry 

out this section for any fiscal year to any small shipyard in one 

geographic location that has more than 600 employees. 

‘‘(f) APPLICATIONS.— ‘‘(1) IN GENERAL.—To be eligible for assistance under this 

section, an applicant shall submit an application, in such form, 

and containing such information and assurances as the Administrator may require, within 60 days after the date of enactment of the appropriations Act for the fiscal year concerned. 

‘‘(2) MINIMUM STANDARDS FOR PAYMENT OR REIMBURSEMENT.—Each application submitted under paragraph (1) shall 

include— 

‘‘(A) a comprehensive description of— 

‘‘(i) the need for the project; 

‘‘(ii) the methodology for implementing the project; 

and 

‘‘(iii) any existing programs or arrangements that 

can be used to supplement or leverage assistance 

under the program. 

‘‘(3) PROCEDURAL SAFEGUARDS.—The Administrator, in consultation with the Office of the Inspector General, shall issue 

guidelines to establish appropriate accounting, reporting, and 

review procedures to ensure that— 

‘‘(A) grant funds are used for the purposes for which 

they were made available; 

‘‘(B) grantees have properly accounted for all expenditures of grant funds; and 

‘‘(C) grant funds not used for such purposes and 

amounts not obligated or expended are returned. 

‘‘(4) PROJECT APPROVAL REQUIRED.—The Administrator may 

not award a grant under this section unless the Administrator 

determines that— 


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‘‘(A) sufficient funding is available to meet the matching 

requirements of subsection (e); 

‘‘(B) the project will be completed without unreasonable 

delay; and 

‘‘(C) the recipient has authority to carry out the proposed 

project. 

‘‘(g) AUDITS AND EXAMINATIONS.—All grantees under this section 

shall maintain such records as the Administrator may require and 

make such records available for review and audit by the Administrator. 

‘‘(h) SMALL SHIPYARD DEFINED.—In this section, the term ‘small 

shipyard’ means a shipyard facility in one geographic location that 

does not have more than 1,200 employees. 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Administrator of the Maritime Administration for each of fiscal years 2009 through 2013 to carry out this 

section— 

‘‘(1) $5,000,000 for training grants; and 

‘‘(2) $25,000,000 for capital and related improvements.’’. 

(b) CONFORMING AMENDMENT.—Section 3506 of the National Defense Authorization Act for Fiscal Year 2006 (46 U.S.C. 53101 note) 

is repealed. 

SEC. 3509. MARINE WAR RISK INSURANCE. 

Section 53912 of title 46, United States Code, is amended by 

striking ‘‘December 31, 2010.’’ and inserting ‘‘December 31, 2015.’’. 

SEC. 3510. MARAD CONSULTATION ON JONES ACT WAIVERS. 

Section 501(b) of title 46, United States Code, is amended to read 

as follows: 

‘‘(b) BY HEAD OF AGENCY.—When the head of an agency responsible for the administration of the navigation or vessel-inspection 

laws considers it necessary in the interest of national defense, the 

individual, following a determination by the Maritime Administrator, acting in the Administrator’s capacity as Director, National 

Shipping Authority, of the non-availability of qualified United 

States flag capacity to meet national defense requirements, may 

waive compliance with those laws to the extent, in the manner, and 

on the terms the individual, in consultation with the Administrator, acting in that capacity, prescribes.’’. 

SEC. 3511. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT PERSONNEL AND CERTAIN CARGOES. 

(a) IN GENERAL.—Section 55305(b) of title 46, United States 

Code, is amended— 

(1) by striking ‘‘country’’ and inserting ‘‘country, organization, or persons’’; 

(2) by inserting ‘‘or obtaining’’ after ‘‘furnishing’’; and 

(3) by striking ‘‘commodities,’’ the first place it appears and 

inserting ‘‘commodities, or provides financing in any way with 

Federal funds for the account of any persons unless otherwise 

exempted,’’. 

(b) OTHER AGENCIES.—Section 55305(d) of title 46, United States 

Code, is amended to read as follows: 

‘‘(d) PROGRAMS OF OTHER AGENCIES.— 


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‘‘(1) Each department or agency that has responsibility for a 

program under this section shall administer that program with 

respect to this section under regulations and guidance issued 

by the Secretary of Transportation. The Secretary, after consulting with the department or agency or organization or person involved, shall have the sole responsibility for determining 

if a program is subject to the requirements of this section. 

‘‘(2) The Secretary— 

‘‘(A) shall conduct an annual review of the administration of programs determined pursuant to paragraph (1) as 

subject to the requirements of this section; 

‘‘(B) may direct agencies to require the transportation on 

United States-flagged vessels of cargo shipments not otherwise subject to this section in equivalent amounts to cargo 

determined to have been shipped on foreign carriers in violation of this section; 

‘‘(C) may impose on any person that violates this section, 

or a regulation prescribed under this section, a civil penalty of not more than $25,000 for each violation willfully 

and knowingly committed, with each day of a continuing 

violation following the date of shipment to be a separate 

violation; and 

‘‘(D) may take other measures as appropriate under the 

Federal Acquisition Regulations issued pursuant to section 

25(c)(1) of the Office of Federal Procurement Policy Act (41 

U.S.C. 421(c)(1) or contract with respect to each violation.’’. 

(c) REGULATIONS.—The Secretary of Transportation shall prescribe such rules as are necessary to carry out section 55305(d) of 

title 46, United States Code. The Secretary may prescribe interim 

rules necessary to carry out section 55305(d) of such title. An interim rule prescribed under this subsection shall remain in effect 

until superseded by a final rule. 

(d) CHANGE OF YEAR.—Section 55314(a) of title 46, United States 

Code, is amended by striking ‘‘calendar’’ each place it appears and 

inserting ‘‘fiscal’’. 

SEC. 3512. 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 Federal and 

non-Federal entities, including private entities; 

(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 


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(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 Federal 

and non-Federal 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. 


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[Note from the Director of Legislative Operations: The following 

text is the Joint Explanatory Statement as printed in the Congressional Record on September 23, 2008] 


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JOINT EXPLANATORY STATEMENT SUBMITTED BY MR. 

SKELTON, CHAIRMAN OF THE COMMITTEE ON ARMED 

SERVICES, REGARDING THE AMENDMENT OF THE HOUSE 

OF REPRESENTATIVES TO S. 3001 

The Chairman of the Committee on Armed Services of the House 

of Representatives offers an amendment to S. 3001, the National 

Defense Authorization Act for Fiscal Year 2009, as received in the 

House on September 18, 2008. The amendment consists of an 

agreement between the managers of the bill in the House of Representatives and the Senate on the reconciliation of H.R. 5658 and 

S. 3001, as passed by the respective chambers from which each bill 

originated. This agreement is memorialized in the offered amendment and described in the remainder of this Joint Explanatory 

Statement submitted on behalf of Mr. Skelton and Mr. Hunter for 

the House Committee on Armed Services and Mr. Levin and Mr. 

Warner for the Senate Committee on Armed Services. 

Although not required by the Rules of the House of Representatives and the Senate, the Joint Explanatory Statement includes the 

disclosure of member earmarks and congressionally directed spending items as defined in clause 9 of rule XXI of the Rules of the 

House of Representatives and rule XLIV of the Standing Rules of 

the Senate. 

In this statement, the provisions of H.R. 5658, the House passed 

version of the National Defense Authorization Act for Fiscal Year 

2009, are generally referred to as ‘‘the House bill.’’ The provisions 

of S. 3001, the Senate passed version of the National Defense Authorization Act for Fiscal Year 2009, are generally referred to as 

‘‘the Senate bill.’’ The final form of the agreements reached during 

an informal conference between the managers of the bill in the 

House and the Senate are referred to as ‘‘the agreement.’’ 

The House amendment strikes the text of the S. 3001 and inserts 

the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009, as amended by the agreement between the managers of 

H.R. 5658 and S. 3001, as passed by the respective chambers from 

which each bill originated. 

This Joint Explanatory Statement fulfills the authority granted 

to the Chairman of the Committee on Armed Services by H. Res. 

1476 to file explanatory material for the Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009. Mr. Skelton, the 

Chairman of the Committee on Armed Services, does not intend to 

file any additional material pursuant to H. Res. 1476 beyond this 

Joint Explanatory Statement. 

Submitted by Mr. Skelton, Chairman of the House Committee on 

Armed Services (for himself, Mr. Hunter, Ranking Member of the 

House Committee on Armed Services, Mr. Levin, Chairman of the 

Senate Committee on Armed Services and Mr. Warner, Acting 

Ranking Member of the Senate Committee on Armed Services). 


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CONGRESSIONAL DEFENSE COMMITTEES 

The term ‘‘congressional defense committees’’ is often used in this 

joint explanatory statement. It means the Defense Authorization 

and Appropriations Committees of the Senate and the House of 

Representatives. 

DIVISION A—DEPARTMENT OF DEFENSE 

AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Procurement overview 

The budget request for fiscal year 2009 included an authorization 

of $102,694.3 million for procurement for the Department of Defense. 

The House bill would authorize $102,711.9 million. 

The Senate bill would authorize $104,168.5 million. 

The agreement recommends an authorization of $103,969.9 million. Unless noted explicitly in the joint explanatory statement, all 

changes are made without prejudice. 


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BUDGET ITEMS

Shipbuilding 

The budget request contained $2.5 billion for the third DDG– 1000 class destroyer, $103.2 million for close out costs associated 

with discontinuing the LPD–17 amphibious ship production line, 

and no funding for the DDG–51 class program which had ceased 

new production funding with the three ships bought in fiscal year 

2005. Additionally, the budget request contained $920.0 million for 

two Littoral Combat Ships (LCS) and $348.3 million in the National Defense Sealift Fund (NDSF) designated for advance procurement for the first of a class of Maritime Preposition Force-Future (MPF(F)) aviation vessels. 

The agreement would authorize full funding for the third DDG– 

1000 class destroyer without prejudice to any potential future Department of Defense decision to truncate the DDG–1000 class acquisition program in favor of a return to DDG–51 class destroyers. However, the agreement would authorize $349.0 million for surface ship advance procurement which would permit the Navy to acquire major spares for DDG–51 destroyers or buy advance procurement should the Secretary of Defense determine that there is a 

validated requirement to produce more of these ships. The agreement also would authorize $600.0 million in advance 

procurement to extend the LPD–17 amphibious acquisition program to a total of 11 ships. The Marine Corps considers the tenth 

and eleventh ships of this class to be vital to the future expeditionary force. The agreement would authorize the budget request of $920.0 million for two LCS vessels. Elsewhere in the agreement, we recommend a provision that would delay implementation of the cost 

cap for the LCS program until fiscal year 2010. We note that the 

Navy has taken delivery of the first ship of this class and anticipates taking delivery of the second by the end of the calendar year. 

While these are significant milestones, we remain concerned that 

the Navy has not taken sufficient actions to control costs for followon vessels. Moreover, in repeated testimony before the Committees 

on Armed Services of the Senate and the House of Representatives, 

we have been told that a primary benefit of utilizing mid-tier shipyards is that such yards can easily balance commercial and government workload to ensure that the Navy does not have to pay overhead costs to maintain capability during periods of limited government funding. Nevertheless, the Navy has requested, for the second 

year in a row, an adjustment to the cost cap in order to preserve 

industrial capability because the Navy is unable to purchase a ship 

at or below its budgetary estimate and lacks a coherent acquisition 

strategy for the program. We strongly encourage the Navy to take 

steps to procure follow-on vessels with required warfighting capability, while prioritizing the aggressive management of cost and the 

most efficient utilization of the industrial base. Likewise, we direct 

the Secretary to develop and submit to the Congress a long-term 

acquisition strategy for LCS vessels with the submission of the fiscal year 2010 budget request. 

Finally, consistent with a change in the definition of the vessels 

appropriately funded within the NDSF, the agreement would 


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transfer $348.3 million from the NDSF to the Shipbuilding and 

Conversion, Navy (SCN) account to buy MPF(F) vessels which are 

non-combatant versions of assault echelon vessels of the Navy’s 

amphibious force. 

ITEMS OF SPECIAL INTEREST

Intelligence, surveillance, and reconnaissance task force 

The Senate report (110–335) accompanying S. 3001 included recommendations for authorization of funding and direction for multiple programs and activities to immediately strengthen intelligence, surveillance, and reconnaissance (ISR) capabilities for deployed forces. Since the publication of that report, the Secretary of 

Defense established an ISR Task Force to recommend immediate 

actions to field additional capabilities. The Secretary of Defense 

subsequently submitted a prior-approval reprogramming request to 

the Congress of $1.2 billion for fiscal year 2008 (which Congress 

approved), and indicated that another $1.4 billion or more would 

be requested for fiscal year 2009. 

We applaud the Secretary’s decisive action. However, based on 

past experience with countering improvised explosive devices and 

fielding large numbers of Mine-Resistant Ambush Protected armored vehicles, we are concerned that the Department of Defense 

will encounter difficulties in executing the approved initiatives as 

rapidly as needed unless the Department establishes a high-level 

organization and process to manage, oversee, and report regularly 

to the Secretary on the initiative. In addition, we expect that additional requirements for immediate ISR support will arise, suggesting the need for sustaining an organization and process for 

evaluating theater needs and potential solutions. 

Therefore, we urge the Secretary of Defense to create and sustain 

an organization, led by a senior official, to manage the implementation of the ISR initiatives and to evaluate and make recommendations to the Secretary on new ISR requirements as they arise. We 

request that the Secretary submit a report to the congressional defense and intelligence committees within 30 days of the date of enactment on the Secretary’s plans for managing the multi-billion 

dollar ISR enhancement effort. 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Authorization of Appropriations 

Authorization of appropriations (secs. 101–105) 

The House bill contained provisions (secs. 101–106) that would 

authorize the recommended fiscal year 2009 funding levels for procurement for the Army, Navy, Marine Corps, Air Force, Defensewide activities, and National Guard and reserve equipment. 

The Senate bill contained provisions (secs. 101–104) that would 

authorize the recommended fiscal year 2009 funding levels for procurement for the Army, Navy, Marine Corps, Air Force, and Defense-wide activities. 

The agreement includes the House provisions with technical 

amendments. 


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Subtitle B—Army Programs 

Separate procurement line items for Future Combat Systems program (sec. 111) 

The House bill contained a provision (sec. 111) that would require, beginning with the fiscal year 2010 President’s budget request, separate procurement lines for five classes of equipment 

planned for procurement under the Future Combat Systems (FCS) 

program. These classes would be FCS manned ground vehicles, 

FCS unmanned ground vehicles, FCS unmanned aerial vehicles, 

FCS unattended ground systems, and other FCS elements. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the use of dedicated procurement line items for 

the FCS program beginning with the Fiscal Year 2011 President’s 

Budget Request submitted to Congress under section 1105(a) of 

title 31, United States Code. 

Clarification of status of Future Combat Systems program lead system integrator (sec. 112) 

The House bill contained a provision (sec. 112) that would prohibit the Army from awarding a contract for low-rate initial production or full-rate production for major elements of the Future 

Combat Systems (FCS) program to entities serving in the role of 

a lead systems integrator for the FCS program. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would amend section 802 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) to clarify the 

prime contractor for the Future Combat Systems program is a lead 

system integrator under such section and will remain so until 45 

days after the Secretary of the Army certifies in writing that such 

contractor is no longer serving as a lead system integrator. The 

specific functions performed by the prime contractor for the FCS 

program under the current FCS program contract, including major 

roles in system and subsystem integration, requirements definition, 

program scope adjustments, and program management, constitute 

‘‘acquisition functions closely associated with inherently governmental functions’’ for the purposes of this provision. The provision 

would also clarify the definition of ‘‘new contract’’ to include certain 

FCS contract modifications. 

Restriction on obligation of funds for Army tactical radio pending 

report (sec. 113) 

The House bill contained a provision (sec. 113) that would restrict obligation of 25 percent of the total funds authorized for 

Army tactical radio systems pending a report on Army tactical 

radio system fielding plans from the Assistant Secretary for Defense for Networks and Information Integration. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 

The agreement specifies that the restriction on obligation of 

funds in paragraph (b) of the provision refers only to Army radios 


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procured through the following Other Procurement, Army budget 

lines: ‘‘SINCGARS family,’’ and ‘‘Radio, Improved HF (COTS) family.’’ 

Restriction on obligation of procurement funds for Armed Reconnaissance Helicopter program pending certification (sec. 114) 

The House bill contained a provision (sec. 114) that would limit 

the obligation of funds for the Armed Reconnaissance Helicopter 

(ARH) for fiscal year 2009 to not more than 20 percent of the authorized amounts until 30 days after the Under Secretary of Defense for Acquisition, Technology, and Logistics (USD–ATL) certifies to the congressional defense committees that the ARH has 

satisfactorily completed a Limited User Test and has been approved by the USD–ATL to enter production. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would add requirements for the ARH program to achieve certification as required by section 2433 of title 10, United States 

Code, and restructuring of its acquisition strategy. 

Stryker Mobile Gun System (sec. 115) 

The Senate bill contained a provision (sec. 111) that would require the Secretary of Defense, through the Director of Operational 

Test and Evaluation (DOT&E), to ensure that the Stryker Mobile 

Gun System (MGS) is subject to testing to confirm the efficacy of 

any actions taken to mitigate operational deficiencies identified in 

Initial Operational Test and Evaluation and Live Fire Test and 

Evaluation. The provision would also require the Secretary of the 

Army to provide quarterly updates to the congressional defense 

committees on the status of the corrective measures and expand 

section 117(a) of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181) to future fiscal years. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a clarifying 

amendment that updates the provision based on developments relating to the program since Senate committee action. 

We remain concerned by the Army’s deployment of low-rate initial production Stryker MGS vehicles to Iraq given the performance 

and survivability issues noted during testing and urge the Army to 

take the actions necessary to ensure Stryker MGS vehicles meet all 

requirements before deploying any additional Stryker MGS vehicles to theater. 

Subtitle C—Navy Programs 

Refueling and complex overhaul of the U.S.S. Theodore Roosevelt 

(sec. 121) 

The House bill contained a provision (sec. 121) that would provide a one-time exemption to the normal full funding policy to 

allow for contracting of a 3-year incrementally-funded aircraft carrier refueling complex overhaul (RCOH) from the Shipbuilding and 

Conversion, Navy (SCN) account. This language would provide the 

Navy with the authority to commence the refueling overhaul in fiscal year 2009. 


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The Senate bill contained a similar provision (sec. 132). 

The agreement includes a provision incorporating this one-time 

exemption. 

Littoral Combat Ship (LCS) program (sec. 122) 

The House bill contained a provision (sec. 123) that would amend 

section 124 of the National Defense Authorization Act for Fiscal 

Year 2006 (Public Law 109–163), as amended by section 125 of the 

National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181), to permit the Secretary of the Navy to make adjustments in the cost cap for the Littoral Combat Ship (LCS) to reflect: 

(1) economic inflation, up to a total of $10.0 million per ship; and 

(2) cost increases or decreases for insertion of new technology, 

owing to lower life cycle costs or increased capability required to 

meet emerging threats. 

The Senate bill contained no similar provision. 

The agreement includes a provision that would amend section 

125 of the National Defense Authorization Act for Fiscal Year 2008 

to delay implementation of the existing cost cap until fiscal year 

2010. 

Report on F/A–18 procurement costs, comparing multiyear to annual (sec. 123) 

The House bill contained a provision (sec. 124) that would require the Secretary of Defense to submit a report on F/A–18 procurement, comparing multiyear procurement costs to those of annual procurements. The provision would also authorize the Secretary of the Navy to obligate up to $100.0 million from within F/ 

A–18 procurement funds to pay for cost reduction initiatives, either 

for single year procurement or multiyear procurement. 

The Senate bill contained no similar provision. 

The agreement includes a requirement that the Secretary of Defense submit a report comparing F/A–18 annual and multiyear procurement alternatives, and that he submit appropriate certifications required by section 2306b of title 10, United States Code 

if he finds that a multiyear procurement is the preferable alternative. 

Authority for advanced procurement and construction of components 

for the Virginia-class submarine program (sec. 124) 

The Senate bill contained a provision (sec. 131) that would modify the multiyear authority provided in section 121 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181). 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Subtitle D—Air Force Programs 

Maintenance of retired KC–135E aircraft (sec. 131) 

The House bill contained a provision (sec. 132) that would require the Secretary of the Air Force to maintain a minimum of 46 

KC–135E tanker aircraft in Type–1000 storage, rather than all of 

those KC–135E tanker aircraft that have been or would be retired 


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under section 135(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364). 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that requires the Secretary of the Air Force maintain at least 74 

aircraft in Type–1000 storage. 

Repeal of multi-year contract authority for procurement of tanker 

aircraft (sec. 132) 

The House bill contained a provision (sec. 133) that would repeal 

section 135 of the National Defense Authorization Act for Fiscal 

Year 2004 (Public Law 108–136) that, among other things, authorized multi-year procurement of up to 80 aircraft as part of a tanker 

leasing pilot program to acquire 100 tanker aircraft, with 20 coming from a long-term lease. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Report on processes used for requirements development for KC–(X) 

tanker aircraft (sec. 133) 

The House bill contained a provision (sec. 134) that would require the Secretary of the Air Force to report on: (1) an evaluation 

of the process for deriving KC–(X) requirements; (2) the justification for using the KC–135R as the comparative baseline for the 

KC–(X) competition; and (3) and evaluation of potential aerial refueling platforms derived from commercial aircraft in the range of 

maximum gross take-off weights from 750,000 to 1,000,000 pounds. 

The Senate bill contained no similar provision. 

The agreement includes the House provision amended to require 

the Secretary of Defense to report on: 

(1) an examination of the requirements for aerial refueling, including an explanation for the use of the KC–135R as the baseline 

for the last KC–(X) solicitation; and 

(2) a summary of commercial derivative or commercial, off-theshelf aircraft available for use as potential aerial refueling platforms using aerial refueling capabilities within the capability bands 

identified within the KC–(X) Analysis of Alternatives. 

The agreement also includes a requirement that the Secretary of 

Defense reassess the requirements for aerial refueling that have 

been most recently validated by the Joint Requirements Oversight 

Council, and submit the complete results of that reassessment to 

the congressional defense committees. 

F–22A fighter aircraft (sec. 134) 

The Senate bill contained a provision (sec. 151) that would authorize $497.0 million for Aircraft Procurement, Air Force (APAF) 

for either (1) advance procurement for F–22A aircraft in fiscal year 

2010; or (2) winding down the production line for F–22A aircraft. 

The next President of the United States would have to decide 

which alternative would be in the best interests of the Nation and 

submit a certification of that decision to the congressional defense 

committees before any of these funds could be spent. 

The House bill contained no similar provision. 


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The agreement authorizes $523.0 million in APAF for advance 

procurement for the F–22A aircraft. The agreement also includes 

a provision that would prohibit obligating more than $140.0 million 

of those funds until the next President of the United States: (1) decides whether continuing F–22 production or terminating production would be in the best interests of the Nation; and (2) submits 

a certification of that decision before March 1, 2009, to the congressional defense committees. 

Subtitle E—Joint and Multiservice Matters 

Annual long-term plan for the procurement of aircraft for the Navy 

and the Air Force (sec. 141) 

The Senate bill contained a provision (sec. 171) that would require the Secretary of Defense to submit an annual long-term plan 

for procurement of aircraft for the Departments of the Navy and 

Air Force. The provision would require that the plan project procurement, inventories, retirements, and losses for the following 30- 

year period. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Report on body armor acquisition strategy (sec. 142) 

The House bill contained a provision (sec. 141) that would require the Secretary of Defense to establish an executive agent for 

individual body armor and associated components and establish a 

procurement budget line item for body armor and personnel protection enhancements. This provision would also require the Under 

Secretary of Defense for Acquisition, Technology, and Logistics to 

report to the congressional defense committees by March 15, 2009, 

detailing an assessment of the body armor industrial base and a 

strategic plan for its sustainment, and to specify the objective technical capabilities intended for the body armor system. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to submit a report to 

the congressional defense committees, not later than 120 days after 

enactment, that includes an assessment of the feasibility and advisability of establishing a dedicated procurement line item for 

body armor; an assessment of the feasibility and advisability of 

designating one executive agent for the acquisition of body armor 

for the military departments; and an assessment of all current initiatives implemented by the Secretary of Defense and the military 

departments that provide improvements to the body armor acquisition process. 

Small arms acquisition strategy and requirements review (sec. 143) 

The House bill contained a provision (sec. 142) that would require the Comptroller General of the United States Government 

Accountability Office to audit the Department of Defense small 

arms requirements generation process and report to the congressional defense committees by October 1, 2009, on any statutory, 

regulatory, or procedural barriers that may affect the ability of the 

military services to rapidly field small arms. This section would 


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also require the Under Secretary of Defense for Acquisition, Technology, and Logistics to provide a report to the congressional defense committees that details small arms inventory, research and 

development programs, joint acquisition strategy, an analysis of 

any ongoing small arms capability gap assessments. 

The Senate bill contained a similar provision (sec. 112) that 

would require the Secretary of the Army to submit a report on the 

Army’s small arms Capabilities Based Assessment. The provision 

would also recommend that in the event the Army requires a new 

individual weapon, that the acquisition of such weapons should result from a full and open competition. The provision would also require that the Secretary of Defense submit a report on the feasibility and advisability of conducting a full and open competition for 

carbine-type rifles. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to report to the congressional defense committees on the Department’s assessments of 

small arms requirements, modernization plans, and the United 

States small arms industrial base. The amendment would further 

direct that in the event that the Secretary of the Army determines 

that there is a gap in small arms capabilities and that a new individual weapon is required, the Secretary shall procure the new individual weapon using a full and open competition. 

Requirement for common ground stations and payloads for manned 

and unmanned aerial vehicle systems (sec. 144) 

The House bill contained a provision (sec. 143) that would require the Secretary of Defense to establish a policy for acquisition 

of intelligence, surveillance, and reconnaissance payloads and 

ground stations for manned and unmanned aerial vehicle systems 

that would have as its objective obtaining commonality throughout 

the Department. 

The Senate bill contained no similar provision. 

The amendment contains the House provision with a clarifying 

amendment. 

Report on future jet carrier training requirements of the Navy (sec. 

145) 

The House bill contained a provision (sec. 144) that would require the Secretary of the Navy to submit a report to the congressional defense committees within 120 days after the date of enactment of this Act on future jet carrier training requirements. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Rapid acquisition fund 

The House bill contained a provision (sec. 106) that would authorize funds for a rapid acquisition fund. 

The Senate bill did not contain a similar provision. 

The agreement does not include the House provision. 


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Applicability of previous teaming agreements for Virginia-class submarine program 

The House bill contained a provision (sec. 122) that would amend 

the multiyear contracting authority contained in section 121 of the 

National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181) to require that the Secretary of the Navy certify that 

the contract to be awarded under such authority comports with the 

Team Agreement between the two submarine building yards, dated 

February 16, 1997, which was submitted to the Congress on March 

31, 1997. 

The Senate bill contained no similar provision. 

The agreement does not include the House provision. 

Limitation on retiring C–5 aircraft 

The House bill contained a provision (sec. 131) that would repeal 

section 132 of the National Defense Authorization Act for Fiscal 

Year 2004 (Public Law 108–136) relating to a prohibition on retiring C–5A aircraft until certain testing had been completed. Instead, the provision would prohibit retiring C–5A aircraft until 45 

days after the Secretary of the Air Force had submitted a certification that retiring aircraft would not increase operational risk, 

and a cost analysis assessing different approaches for meeting strategic airlift requirements. 

The Senate bill contained no similar provision. 

The agreement does not include the House provision. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

BUDGET ITEMS

Research, Development, Test and Evaluation overview 

The budget request included $79.7 billion in Research, Development, Test and Evaluation for the Department of Defense. The House bill would authorize $79.8 billion. 

The Senate bill would authorize $79.8 billion. 

The agreement would authorize $77.8 billion. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice. 


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Network science, technology and experimentation center 

The budget request included $10.0 million in PE 61104A for the 

establishment of a network science and technology research center. 

This is an example of the Army’s continued commitment to investments in basic research, especially in the face of severe budget constraints due to the current operations and reset of the force. In particular, it is widely expected that new investments in network 

science can lead to significant enhancements in operational capabilities. 

The fact that the current Army plan for this effort calls for the 

majority of funding to go to the establishment of a single research 

center is a cause for concern. The National Research Council’s 2007 

report entitled ‘‘Strategy for an Army Center for Network Science, 

Technology, and Experimentation’’ concluded that, ‘‘based on Army 

needs, the NSTEC [Network Science, Technology, and Experimentation Center] should be a hybrid operation consisting of two or 

three centralized facilities having interconnectivity to a variety of 

distributed supporting elements.’’ The current Army proposed plan 

and budget is not consistent with this recommended hybrid approach. 

The Army is directed to ensure that the network science and 

technology research center be established so as to leverage the benefits of a distributed and networked research community. Clearly, 

some funding should be retained to support in-house research efforts, but the majority of funding should continue to go to a 

networked group of investigators selected on the basis of technical 

merit of proposed research. 

The Army is further directed to ensure that none of the $10.0 

million authorized in PE 61104A for the establishment of a network science and technology research center shall be available for 

the purpose of infrastructure and facilities development. The fact 

that basic research funding is a precious and scarce resource places 

a great emphasis on ensuring its use for designated research purposes. Such funds should not be utilized for infrastructure and facilities development, save for the most exceptional circumstances. 

ITEMS OF SPECIAL INTEREST

Executive helicopter program (VH–71A) 

The budget request included $1,047.8 million in PE 64273N for 

continued development of the executive helicopter, VH–71A. The 

VH–71A program is intended to provide the replacement helicopter 

for transportation of the President and Vice President of the 

United States, heads of state, and other dignitaries. The House report (H. Rept. 110–652) observed that the reported cost increases 

in the program were sufficient to exceed the 25 percent unit cost 

increase that would invoke the certification requirements levied by 

section 2433(e)(2)(A) of title 10, United States Code, commonly referred to as a ‘‘Nunn-McCurdy Breach.’’ The House report directed 

the Secretary of Defense to submit an analysis of potential advantages and disadvantages of conducting a re-competition of the program when the Secretary submits that certification. 


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The Senate report (S. Rept. 110–335) directed the Secretary of 

the Navy to submit a VH–71A report to the congressional defense 

committees outlining VH–71A program: 

(1) performance requirements; 

(2) revised cost estimates; 

(3) causes for cost growth; 

(4) detailed breakout of cost growth related to under-estimated requirements; and 

(5) actions being implemented to reduce and control development and production costs. 

The Senate report would also prohibit the Secretary from obligating fiscal year 2009 funds for VH–71A Executive Helicopter Development (PE 64273N) for Increment Two efforts until: (1) the Defense Department completes VH–71A unit cost reporting requirements as prescribed by section 2433 of title 10, United States Code; 

and (2) the Secretary of the Navy submits the VH–71A report described above to the congressional defense committees. 

Additionally, the Senate report directed the Secretary to identify 

alternatives for extending the service life of Increment One aircraft 

and increasing their utility in the effort to provide greater return 

on this investment. 

The agreement directs the Secretary to submit the reports requested in both the House and Senate reports, removes the prohibition on obligating any fiscal year 2009 funding, and directs the Secretary not to restructure the existing VH–71 contract until the 

completion of the Nunn-McCurdy certification process. 

Missile defense force structure and Joint Capabilities Mix studies 

We note that the Joint Integrated Air and Missile Defense Organization, a component of the Joint Staff, has conducted a number 

of studies over several years concerning the operational requirements of combatant commanders for upper tier ballistic missile defense. These Joint Capabilities Mix (JCM) studies have consistently 

concluded that U.S. combatant commanders need about twice as 

many Standard Missile-3 (SM–3) and Terminal High Altitude Area 

Defense (THAAD) interceptors as the number planned by the Missile Defense Agency (MDA), just to meet their minimum inventory 

requirements to defend against existing levels of short- and medium-range ballistic missiles. 

We are deeply disappointed that the Department of Defense has 

not planned or budgeted for even this minimum requirement, and 

believe that achieving at least this minimum inventory should be 

the highest priority for MDA. We expect the Department of Defense to budget accordingly starting with the budget submission for 

fiscal year 2010. 

We are concerned that there is no adequate requirements process 

in place for MDA to determine the force structure and inventory 

levels to meet the needs of the combatant commanders. This is a 

fundamental shortcoming of the Department of Defense’s approach 

to missile defense, and one that needs to be resolved. We expect the 

Department of Defense to establish an adequate requirements process for missile defense force structure and inventory that ensures 

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manders are fully taken into account in MDA’s budget and planning process. 

Missile defense tests and targets 

We are discouraged to note that the Missile Defense Agency 

(MDA) Test and Targets program has had another disappointing 

year. MDA failed to conduct a single intercept flight test of the 

Ground-based Midcourse Defense (GMD) system during fiscal year 

2008, and canceled a planned and budgeted GMD flight test, designated FTG–04. Instead, it conducted a sensor flight test, FTX–03. 

Over the last several years, MDA has not managed to conduct an 

average of even one GMD intercept flight test per year, despite the 

fact that Congress has authorized and appropriated over $200.0 

million per year to conduct two flight tests each year. 

In addition, a test of the GMD system was aborted in May 2007 

when the target failed to reach the necessary altitude, and a flight 

test of the Terminal High Altitude Area Defense (THAAD) system 

was aborted on September 17, 2008, when the target missile failed 

shortly after launch. 

We are disappointed to note that MDA chose to cancel FTG–04 

without first consulting with any of the key stakeholders, including 

the Under Secretary of Defense for Acquisition, Technology, and 

Logistics (USD/AT&L), the Director of Operational Test and Evaluation (DOT&E), or the Commander of United States Strategic 

Command. 

We direct MDA to consult with these organizations, or their designees, prior to any future decision to cancel a flight test, and to 

report in writing to the congressional defense committees within 1 

week of a decision to cancel such a test, indicating the following information: (1) the reasons for the cancellation; (2) the implications 

and risks for the testing and development program that will result 

from cancelling the test; (3) a plan describing how the original objectives of the flight test will still be met, notwithstanding the cancellation; (4) the views and recommendations of the organizations 

consulted; and (5) any modifications in the allocation of budget and 

testing resources as a result of the cancellation of the flight test. 

Upper tier follow-on to Arrow 

The United States is engaged in a cooperative program with 

Israel to provide an upper-tier follow-on to the Arrow Weapon System for Israel. There are two systems being pursued under this cooperative program: a land-based version of the existing Standard 

Missile 3 (SM–3) using an AN/TPY–2 forward-based X-band radar, 

and the development of a new Arrow-3 interceptor. The SM–3 interceptor and the AN/TPY–2 radar, which is derived from the radar 

for the Terminal High Altitude Area Defense (THAAD) system, 

have already been developed and demonstrated. The Arrow-3 has 

not yet been developed, and its design has changed several times. 

After a number of changes to Israeli requirements and the 

planned performance of the Arrow-3 missile, the Missile Defense 

Agency (MDA) has chosen to pursue development of the Arrow-3 as 

the primary approach to developing an upper tier missile defense 

capability for Israel. However, this would be a technically challenging undertaking, involving a number of critical and complex 


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technologies that Israel has never produced previously. Consequently, it is not certain that Israel can succeed in the development of all the Arrow-3 technologies in time to meet Israel’s required fielding schedule. 

We are concerned that MDA has chosen a technically risky path 

forward, and is not providing sufficient risk mitigation through the 

land-based SM–3 option. MDA has indicated it intends to pursue 

an Arrow-3 development strategy based on knowledge points, with 

the stated intention of being able to curtail or stop the program if 

it does not meet its knowledge points on schedule. 

However, MDA has not demonstrated an ability to reduce funding for other programs that have not met their knowledge points 

on schedule. This suggests that an Arrow-3 development program 

could continue to be the primary path even if it does not meet its 

knowledge points or its schedule, thus precluding the option of having the proven SM–3 and AN/TPY–2 technology serve as a suitable 

upper tier option on schedule. 

Therefore, we direct the Under Secretary of Defense for Acquisition, Technology, and Logistics to review MDA’s proposed approach 

and submit to the congressional defense committees, no later than 

April 15, 2009, a report providing a plan for risk mitigation for the 

U.S.-Israel upper tier program of cooperation that provides a costeffective path to providing an upper tier missile defense capability 

for Israel. 

Wide area airborne surveillance 

The Senate report (110–335) accompanying S. 3001 urged the 

Department of Defense to rapidly define and acquire next generation wide area airborne surveillance (WAAS) capabilities to augment existing and planned full motion video (FMV) platform deployments, and possibly to help limit the number of additional orbits of FMV aircraft needed in the future. 

We are encouraged that the Defense Department at senior levels 

is focused on the WAAS requirement and the range of potential solutions. However, a number of concerns persist. 

While significant funds have been allocated for development of 

the WAAS collection system, very little money is available for the 

processing, exploitation, and dissemination of the vast amount of 

imagery that the WAAS system will produce. This imbalance will 

prevent effective fielding of a WAAS capability in the timeframe required. 

There is confusion as to whether the WAAS system is intended 

to complement or replace existing and planned deployments of narrow-field-of-view FMV assets. This confusion creates concern and 

opposition from deployed forces. If it is possible for a WAAS system 

to substitute for FMV assets, the required performance level (in 

terms of resolution, frame rate, look angles, and the like) cannot 

be fielded at least for a period of years. While it is important for 

the Department to evaluate now what levels of performance might 

be achievable in subsequent increments of a WAAS program, the 

near-term focus must be on fielding capabilities that complement 

existing assets and operate with them in a systems-of-systems network. 


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In this regard, we are concerned that insufficient attention and 

resources are being devoted to rapidly fielding a command and control capability that will permit, on a large-scale, integrated operations involving WAAS platforms, FMV assets, and signals intelligence systems across services, national agencies, and various 

echelons of command. We support the recent initiative by the Air 

Force WAAS program office to utilize the Network-Centric Collaborative Targeting system, now reaching Initial Operational Capability, as the basis for this important command and control capability. 

We direct that, within 90 days of the date on which there is a 

down select by the WAAS prime integrator, the Deputy Secretary 

of Defense submit a report to the congressional defense and intelligence committees that characterizes WAAS collection and exploitation requirements, the program increments and funding to meet 

the requirements, the operational concept for WAAS increments, 

and the means by which WAAS, FMV systems, and other sensors 

will be operated together to support the find, fix, and finish targeting process. 

Subtitle A—Authorization of Appropriations 

Authorization of appropriations (sec. 201) 

The House bill contained a provision (sec. 201) that would authorize appropriations for fiscal year 2009 for the use of the Department of Defense for research, development, test and evaluation. 

The Senate bill contained a similar provision (sec. 201). 

The agreement includes a provision that would authorize appropriations for fiscal year 2009 for the use of the Department of Defense for research, development, test and evaluation. 

Authorization for defense science and technology (sec. 202) 

The House bill contained a provision (sec. 202) that would authorize appropriations for fiscal year 2009 for the use of the Department of Defense for science and technology activities. 

The Senate bill contained a similar provision (sec. 202). 

The agreement includes a provision that would authorize appropriations for fiscal year 2009 for the use of the Department of Defense for science and technology activities. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Additional determinations to be made as part of Future Combat 

Systems milestone review (sec. 211) 

The House bill contained a provision (sec. 211) that would amend 

section 214 of the John Warner National Defense Authorization Act 

for 2007 (Public Law 109–364) by adding additional determinations 

to be made by the Secretary of Defense during the Future Combat 

Systems (FCS) program review. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 


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We intend that the additional determinations required during 

the FCS program review should be applied with respect to threshold FCS system of system technologies, not surrogates. 

Analysis of Future Combat Systems communications network and 

software (sec. 212) 

The House bill contained a provision (sec. 212) that would require the Assistant Secretary of Defense, Networks and Information Integration (ASD NII), to conduct an independent study and 

report to the congressional defense committees by July 1, 2009, on 

possible vulnerabilities of the Future Combat Systems (FCS) communications network. The purpose of this study is to inform the review of the FCS program mandated by section 214 of the John 

Warner National Defense Authorization Act for 2007 (Public Law 

109–364). 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would provide the Department with additional time to complete the analysis and require the ASD NII to assess, in coordination with the Director of Operational Test and Evaluation, the synchronization of the funding, schedule, and technology maturity of 

the Warfighter Information Network-Tactical and Joint Tactical 

Radio System in programs in relation to the FCS program. 

Future Combat Systems manned ground vehicle selected acquisition 

reports (sec. 213) 

The House bill contained a provision (sec. 213) that would require the Secretary of the Army to submit to the congressional defense committees selected acquisition reports as defined in section 

2432(c) of title 10, United States Code, on each of the eight Future 

Combat Systems (FCS) manned ground vehicle variants. The reports are required by February 15 of each year from 2009 to 2015. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment that would include any additional manned ground vehicle variants designated in FCS Acquisition Reports after the date 

of enactment. 

Separate procurement and research, development, test, and evaluation line items and program elements for Sky Warrior unmanned aerial systems (sec. 214) 

The House bill contained a provision (sec. 214) that would require the Secretary of Defense to ensure that the Department of 

Defense program and budget exhibits for the Army’s Sky Warrior 

unmanned aerial system break out that program into separate program elements and line items. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Restriction on obligation of funds for the Warfighter Information 

Network-Tactical program (sec. 215) 

The House bill contained a provision (sec. 215) that would restrict obligation of 80 percent of research and development funds 

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work-Tactical, Increment 3 program until 15 days after receipt by 

the congressional defense committees of certification from the 

Under Secretary of Defense for Acquisition, Technology and Logistics that the program has an approved acquisition program baseline, a new independent cost estimate, and the Director, Defense 

Research and Engineering has completed a technology readiness 

assessment. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that reduces the amount of funding restricted pending the certification from 80 percent to 50 percent and makes other clarifications. 

Limitation on source of funds for certain Joint Cargo Aircraft expenditures (sec. 216) 

The House bill contained a provision (sec. 216) that would require the Secretary of the Army to fund certain expenditures for 

the Joint Cargo Aircraft (JCA) through procurement or research, 

development, test and evaluation accounts, rather than from other 

appropriations accounts. 

The Senate bill contained no similar provision. 

The agreement included the House provision with an amendment 

that would modify the provision to place the same requirement on 

the Secretary of the Air Force. 

The report (H. Rept. 110–652) accompanying the House bill noted 

that, at the time of the report, the Air Force was reporting a unit 

cost for JCA of $60.7 million, and was reporting a unit cost for C– 

130J aircraft of $56.7 million. After further discussion with the Air 

Force acquisition officials and clarification of terminology, we believe that a fairer, apples-to-apples comparison of such costs would 

raise the comparable average procurement unit cost for a C–130J 

to $84.2 million, in terms of fiscal year 2007 dollars. 

Requirement for plan on overhead nonimaging infrared systems 

(sec. 217) 

The Senate bill contained a provision (sec. 211) that would direct 

the Secretary of the Air Force to develop a comprehensive plan to 

conduct and support research, development, and demonstration of 

technologies that could evolve into the next generation of overhead 

nonimaging systems. The plan would also include an explanation 

of how such systems would be tested, including any flight or onorbit testing as well as how and when the technologies would transition to an acquisition program. In addition, the provision would 

prohibit appropriation of more than 50 percent of the funds authorized to be appropriated for the third generation infrared surveillance program until the plan is submitted to the congressional defense committees. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would direct the Secretary of Defense and the Director 

of National Intelligence to conduct the plan. In addition the amendment would add a description of the research, development and 

demonstration activities, as an additional element to the plan. 


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Advanced energy storage technology and manufacturing (sec. 218) 

The Senate bill contained a provision (sec. 212) that would require the Department of Defense to develop a technology and manufacturing roadmap for battery technologies. 

The House bill contained no similar provision. 

The agreement includes a provision that would expand the scope 

of the roadmapping exercise to include all relevant energy storage 

technologies, such as, but not limited to, batteries, fuel cells and capacitors. The provision would further add a requirement for the 

Department to provide a detailed report of the investment levels in 

energy storage technologies. 

The roadmap development should be primarily lead by the Director of Defense Research and Engineering, the Deputy Under Secretary of Defense for Industrial Policy, and Service Acquisition Executives, so that the roadmap accurately reflects technology development, industrial base, program requirements, and cost drivers. It 

is further expected that Service acquisition program offices with 

significant energy storage technology requirements, the Joint Defense Manufacturing Technology Panel, the Defense Logistics 

Agency, and appropriate organizations within the Department of 

Energy will all participate in the roadmap development. The roadmap should not focus solely on science and technology activities 

and existing investments. 

It is expected that a thorough understanding of resource allocation and current investment in advanced energy storage technologies will help clarify the investment shortfalls and capability 

gaps that should be emphasized in the technology and manufacturing roadmap. 

Mechanisms to provide funds for defense laboratories for research 

and development of technologies for military missions (sec. 219) 

The Senate bill contained a provision (sec. 213) that would authorize the Secretary of Defense to permit laboratory directors to 

utilize up to 3 percent of laboratory funds for research and development, technology transition, and workforce development activities. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would terminate the authority after 4 years. 

The utilization of this authority and its impact on the mission 

performance and technical capabilities of the laboratories will be 

closely monitored by the congressional defense committees. All efforts to supply the needed authorities and resources to the defense 

laboratories to enable them to effectively and efficiently perform 

their designated missions are supported and encouraged. 

Requirements for certain airborne intelligence collection systems 

(sec. 220) 

The Senate bill contained a provision (sec. 215) that would require that each airborne collection system within the Department 

of Defense that is connected to the Distributed Common Ground/ 

Surface System to have the ability to operate with the NetworkCentric Collaborative Targeting System, unless the Chairman of 

the Joint Requirements Oversight Council waives the requirement 

on a case-by-case basis. 


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The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Limitation on obligation of funds for enhanced AN/TPQ–36 Radar 

System pending submission of report (sec. 221) 

The House bill contained a provision (sec. 236) that would limit 

the amount of funds provided to the program until the Secretary 

of the Army provides the congressional defense committees with a 

plan to transition the Counter-Rockets, Artillery, and Mortars (C– 

RAM) program to a program of record. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Subtitle C—Missile Defense Programs 

Annual Director of Operational Test and Evaluation characterization of operational effectiveness, suitability, and survivability of 

the Ballistic Missile Defense System (sec. 231) 

The Senate bill contained a provision (sec. 234) that would require the annual report of the Director of Operational Test and 

Evaluation on the testing of the Ballistic Missile Defense System 

(BMDS) to include a characterization of the operational effectiveness, suitability, and survivability of the BMDS and its elements 

that have been fielded or tested before the end of the preceding fiscal year. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Independent study of boost-phase missile defense (sec. 232) 

The House bill contained a provision (sec. 221) that would require an independent study of boost-phase missile defense programs, specifically the Airborne Laser and the Kinetic Energy Interceptor. The study would assess a variety of relevant factors and 

compare the results to non-boost-phase missile defense systems. 

The provision would require the independent study to be submitted 

to the congressional defense committees. 

The Senate bill contained a similar provision (sec. 235). 

The agreement includes the House provision with an amendment 

that would combine elements of the Senate provision with the 

House provision. 

Limitation on availability of funds for procurement, construction, 

and deployment of missile defenses in Europe (sec. 233) 

The House bill contained a provision (sec. 222) that would limit 

the availability of fiscal year 2009 and future funds for procurement, site activation, construction, preparation of equipment for, or 

deployment of a long-range missile defense system until the following conditions have been met: (1) the Governments of Poland 

and the Czech Republic have each signed and ratified the necessary agreements allowing for such deployment; and (2) 45 days 

have elapsed after Congress receives the independent assessment 

required in section 226 of the National Defense Authorization Act 

for Fiscal Year 2008 (Public Law 110–181). The provision would 

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ment of operational interceptor missiles for the planned European 

deployment until the Secretary of Defense certifies, after receiving 

the views of the Director of Operational Test and Evaluation, that 

the interceptor has demonstrated, through successful, operationally 

realistic flight testing, a high probability of working in an operationally effective manner and the ability to accomplish its mission. 

The Senate bill contained a similar provision (sec. 232), with the 

differences being that it would: (1) limit the effect of the general 

limitation to the availability of fiscal year 2009 funds; (2) clarify 

that each host nation would need to give final approval to any missile defense agreements concerning the deployment of missile defense components on its territory; and (3) authorize the initial long 

lead procurement funds for the proposed European interceptors, 

since the long-lead components are 100 percent common to the 

three-stage variant of the interceptor. 

The agreement includes a combined provision that would limit 

the availability of fiscal year 2009 and future funds for procurement, site activation, construction, preparation of equipment for, or 

deployment of a long-range missile defense system until the following conditions have been met: (1) in the case of the proposed 

midcourse radar element, the host nation has signed and ratified 

the agreements needed to allow for the deployment of such radar 

in the host nation; (2) in the case of the proposed long-range missile defense interceptor element, the condition in paragraph (1) has 

been met, and the host nation has signed and ratified the agreements needed to allow for the deployment of such interceptor element in the host nation; and (3) 45 days have elapsed after Congress has received the report required by section 226(c)(6) of the 

National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181). The provision would also limit the availability of fiscal year 2009 funding for acquisition (other than initial long-lead 

funding) or deployment of the proposed interceptor until the Secretary provides the certification required in both bills. 

Review of the ballistic missile defense policy and strategy of the 

United States (sec. 234) 

The Senate bill contained a provision (sec. 231) that would require the Secretary of Defense to conduct a review of the ballistic 

missile defense policy and strategy of the United States. The provision would require the Secretary to submit a report to Congress not 

later than January 31, 2010, setting forth the results of the review. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would add several elements to be required in the review. 

Airborne Laser System (sec. 235) 

The Senate bill contained a provision (sec. 233) that would require the Director of Operational Test and Evaluation (DOT&E) to 

assess and report on the operational effectiveness, suitability, and 

survivability of the Airborne Laser (ABL) System. The provision 

would also limit the availability of funds for procurement of a second or subsequent ABL aircraft until the Secretary of Defense, 

after receiving the DOT&E assessment, submits a certification that 


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the ABL system has demonstrated a high probability of being operationally effective, suitable, survivable, and affordable. 

The House bill contained a provision (sec. 221) that would, 

among other things, prohibit the use of funds to acquire a second 

ABL aircraft until 60 days after Congress receives an independent 

study on boost-phase missile defense programs required by the provision. 

The agreement includes the Senate provision with an amendment that would incorporate the House funding prohibition into the 

Senate provision. 

Activation and deployment of AN/TPY–2 forward-based X-band 

radar (sec. 236) 

The Senate bill contained a provision (sec. 237) that would authorize the use of up to $89.0 million in funds for defense-wide research, development, test, and evaluation for the activation and deployment of an AN/TPY–2 X-band radar to a classified location. It 

would also require the Secretary of Defense to submit a report to 

Congress on such deployment before the funds would be available 

for the deployment. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Subtitle D—Reports 

Biennial reports on joint and service concept development and experimentation. (sec. 241) 

The Senate bill contained a provision (sec. 252) that would reduce the reporting requirement on Department of Defense concept 

development and experimentation activities and include reporting 

on related activities of the military services. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would clarify the reporting requirements. 

The joint and service level for concept development and experimentation activities can support efforts at innovation and transformation in doctrine, training, materiel acquisition and other 

areas of Departmental activity. As the executive agent for joint 

warfighting experimentation, the Commander of United States 

Joint Forces Command has a unique ability and responsibility to 

use the results of the Department’s various concept development 

and experimentation activities to advocate for the transformation of 

investment strategies, defense acquisition policies, requirements 

generation, doctrine development, and force structure to enhance 

joint warfighting capabilities. 

Report on the participation of the historically black colleges and 

universities and minority serving institutions in research and 

educational programs and activities of the Department of Defense (sec. 242) 

The House bill contained a provision (sec. 232) that would require an assessment of the Historically Black Colleges and Universities (HBCU/MI) and Minority Serving Institutions program. 

The Senate bill contained no similar provision. 


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The agreement includes a provision that would require an independent assessment of the participation of HBCU/MI, Hispanic 

Serving Institutions, Tribal Colleges and Universities, and other 

minority postsecondary institutions in Department of Defense research, training, and educational activities. 

At a time when the Department and the nation are facing a 

shortage of personnel in growing areas of science and engineering, 

this community of educational institutions and the population they 

serve can make a valuable contribution to the missions of the Department of Defense. 

Report on Department of Defense response to findings and recommendations of the Defense Science Board Task Force on Directed Energy Weapons (sec. 243) 

The Senate bill contained a provision (sec. 255) that would require the Department of Defense to report on responses to the findings and recommendations of the Defense Science Board Task 

Force on Directed Energy Weapons. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a clarifying 

amendment. 

Subtitle E—Other Matters 

Modification of systems subject to survivability testing oversight by 

the Director of Operational Test and Evaluation (sec. 251) 

The House bill contained a provision (sec. 231) that would clarify 

the responsibilities of the Secretary of Defense and the Director of 

Operational Test and Evaluation with respect to oversight and reporting on survivability testing for personnel protective equipment 

and other defense systems. 

The Senate bill contained a similar provision (sec. 251). 

The agreement includes the House provision with an amendment 

that would allow the Secretary of Defense to authorize the Director 

of Operational Test and Evaluation to perform statutorily mandated monitoring and reporting on a broader range of defense systems. The amendment makes additional clarifying amendments to 

sections 2366 and 139 of title 10, United States Code. This provision will enable the Secretary and Director to have appropriate levels of oversight of systems that require survivability and lethality 

testing, including certain items of personnel protective equipment 

and non lethal weapons. It is expected that the acquisition and 

testing community should continue to work together to develop and 

adequately test systems to validate their operational effectiveness, 

suitability and survivability, but still deliver new capabilities in a 

rapid and efficient fashion. 

Technology-neutral information technology guidelines and standards to support fully interoperable electronic personal health information for the Department of Defense and Department of 

Veterans Affairs (sec. 252) 

The House bill contained a provision (sec. 233) that would amend 

section 1635 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181) to add additional reporting reVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00607 Fmt 6602 Sfmt 6602 E:\HR\OC\B707.XXX B707

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quirements to the annual report required by that section. The provision would also require the Director of the Department of Defense-Department of Veterans Affairs Interagency Program Office 

to report within 12 months after the date of enactment of this Act 

on the development of information technology infrastructure guidelines and standards for use by the Departments of Defense and 

Veterans Affairs to enable fully interoperable electronic personal 

health information. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would eliminate the requirement for reporting to the appropriate congressional committees on the specific guidelines and 

standards developed or adopted under this provision. 

The Department of Defense and Department of Veterans Affairs 

should, to the extent practicable, pursue guidelines and standards 

that are consistent with other similar ongoing federal efforts and 

with relevant guidance and directives for the development of information technology (IT) systems in the Department of Defense and 

Department of Veterans Affairs. 

Within the Department of Defense, the medical IT community 

should work closely with Assistant Secretary of Defense for Networks and Information Integration and the Business Transformation Agency, both of which have valuable experience in evaluating and selecting standards for large-scale enterprise systems. 

Assessment of technology transition programs and repeal of reporting requirement. (sec. 253) 

The House bill contained a provision (sec. 234) that would require the Department of Defense to assess the feasibility of consolidating various technology transition accounts into a unified effort. 

The House provision would also repeal the requirement for the 

Technology Transition Initiative (TTI). 

The Senate bill contained a provision (sec. 253) which would repeal the recurring reporting requirement relating to the TTI program. 

The agreement includes a provision which requires the Under 

Secretary of Defense for Acquisition, Technology and Logistics 

(USD (AT&L)) to assess the feasibility of consolidating technology 

transition accounts into one account to be managed at the Department-level. The agreement also requires the USD (AT&L) to submit a report to Congress on the aforementioned assessment and include recommendations concerning the streamlining and improvement of technology transition activities throughout the Department. Finally, the agreement repeals the Department’s annual TTI 

reporting requirement. 

Efficient technology transition is a mainstay of the Department’s 

ability to deliver military advantage to the operational force. Continued employment of the current regime of initiatives and programs may not be the most effective approach to transitioning 

promising technologies to the force. The USD (AT&L) is expected 

to characterize the limitations of the existing transition activities 

and provide recommendations to improve the process of 

transitioning technologies. The overall goals of the various Department of Defense technology transition programs are laudable, but 


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there is a need to better understand the Department’s requirements for additional authorities or for the repeal of unnecessary 

authorities that could improve technology transition. 

Trusted defense systems (sec. 254) 

The House bill contained a provision (sec. 235) that would require the Department of Defense to perform an assessment, develop a strategy, issue interim policy guidance, and provide a report to Congress related to assuring trust in the supply chain for 

certain defense systems. 

The Senate bill contained a related provision (sec. 256) that required an assessment of the capabilities of the Department to assess trust in semiconductor technologies. 

The agreement includes a provision that requires the Secretary 

of Defense to assess the trust in, and vulnerabilities within the 

supply chain of key electronic components of major defense acquisition programs; to assess methods for verifying trust of DoD semiconductors; to produce a strategy for managing supply chain risk 

and trust verification for semiconductors; to establish policies necessary to support these activities; and to report to Congress on the 

assessment and policies. 

There is growing concern that major manufacturing for many 

mission-critical semiconductors has moved offshore, primarily to 

Asia. The inherent risks associated with procuring electronic components that have been designed, fabricated, tested, or packaged in 

unsecure facilities abroad demand a well planned and structured 

response. 

Therefore, the Secretary is instructed to coordinate the various 

current efforts designed to study and protect mission-critical electronic components and create an integrated strategy for managing 

supply chain risk and ensuring trust of semiconductors used in applications across all services. Only by engaging in consultation with 

industry, academia and other agencies will the Department be able 

to fashion the cross-cutting strategy needed to address a challenge 

that confronts the most complicated and important acquisition programs and threatens every part of the operational force. 

Capabilities-based assessment to outline a joint approach for future 

development of vertical lift aircraft and rotorcraft (sec. 255) 

The House bill contained a provision (sec. 237) that would require the Secretary of Defense and the Chairman of the Joint 

Chiefs of Staff to develop an assessment of a joint approach to developing future vertical lift aircraft and rotorcraft, and to submit 

a report on that assessment. 

The Senate bill contained no similar provision. 

The agreement includes the House provision, with the understanding that the current program for modernizing the Marine 

Corps’ heavy lift rotorcraft fleet shall not be subsumed within any 

joint program office that might emerge from this assessment. 

Executive agent for printed circuit board technology (sec. 256) 

The Senate bill contained a provision (sec. 254) that would require the establishment of an executive agent to oversee DepartVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00609 Fmt 6602 Sfmt 6602 E:\HR\OC\B707.XXX B707

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ment of Defense activities related to printed circuit board technologies. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that requires the Secretary of Defense to designate an executive agent for printed circuit board and interconnect technologies. 

The provision specifies roles and responsibilities that the Secretary 

of Defense will charge to the executive agent. 

The Secretary may include further duties, especially as they may 

pertain to ensuring that the Department maintains and grows its 

capability for establishing trust in interconnect technologies. While 

it is critical that the executive agent designated by the Secretary 

develop a well-planned roadmap which details current and future 

technologies needed and the logistics network necessary to provide 

them, the executive agent should also draw together the specific 

timeline that must be realized and funding that must be obtained 

to successfully implement the roadmap going forward. 

Finally, the provision directs the Secretary of Defense to ensure 

that the executive agent is properly resourced to implement the 

task and is supported throughout the military departments. 

Review of conventional prompt global strike technology applications 

and concepts (sec. 257) 

The House bill contained a provision (sec. 238) that would limit 

the use of funds for conventional prompt global strike (PGS) in fiscal year 2009 to only those activities expressly delineated in the expenditure plan for fiscal years 2008 and 2009, which was required 

by section 243 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181) or activities otherwise expressly 

authorized by Congress. The expenditure plan was transmitted to 

the congressional defense committees on March 24, 2008. The provision would also require the Secretary of Defense to submit a report on PGS concepts with the fiscal year 2010 budget request. 

The Senate bill contained a similar provision (sec. 1054) that 

would direct the Secretary of Defense, in consultation with the Secretary of State, to conduct a review of the prompt global strike 

technologies that will be demonstrated beginning in fiscal year 

2010. The report would set forth the cost of the demonstration, 

identify any legal, treaty, or policy related issues that might be associated with the concept demonstrated or the demonstration itself, 

and whether and to what extent there is a possibility that the concept or the demonstration itself could be confused with a nuclear 

weapons system. In addition, the report would set forth a description of the types of targets against which the concept demonstrated 

might be used. The report would be submitted to the congressional 

defense committees no later than 30 days after the date on which 

the budget is submitted. 

The agreement includes the Senate provision with an amendment that would limit the use of funds for conventional PGS in fiscal year 2009. The amendment would also direct the Secretary of 

Defense to submit a report to the congressional defense committees 

that describes the technologies planned to be developed during fiscal year 2009 and how those technologies relate to PGS options and 

concepts. The due date for this report would be April 1, 2009. 


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In addition, the amendment would modify the review and assessment to be conducted by the Secretary of Defense in consultation 

with the Secretary of State, to include recommendations that would 

mitigate such risk in the assessment as to whether a PGS concept 

could be misconstrued as a nuclear weapon or delivery system. The 

amendment would further modify the assessment to include an assessment of the intelligence needed to support the use of any PGS 

concept. A report on this review and assessment would be due no 

later than September 1, 2009. 

We note that the Department of Defense has expressed interest 

in examining biconic technology as part of an alternative re-entry 

system/warhead engineering and delivery vehicle options/development but included no plan to manufacture a biconic vehicle in the 

expenditure plan for fiscal years 2008 and 2009. As a result no 

funds are available in fiscal year 2009 to manufacture such a vehicle. 

We note that the Department is approaching a PGS concept definition milestone in the fiscal year 2010 timeframe. We encourage 

the Department to weigh carefully all aspects of PGS concept alternatives, including the technical, cost, operational, and policy considerations associated with each option. 

We note that the National Research Council of the National 

Academy of Sciences has recently completed a report titled ‘‘U.S. 

Prompt Global Strike: Issues for 2008 and Beyond.’’ This report 

was prepared at the request of Congress. The Department should 

review this and other PGS related reports as part of the process 

to determine which PGS concept alternatives to pursue. 

We direct the Secretary to submit a copy of the report to the 

Committee on Foreign Affairs of the House of the Representatives 

and the Committee on Foreign Relations of the Senate. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Assured funding for certain information security and information 

assurance programs of the Department of Defense 

The Senate bill contained a provision (sec. 214) that would provide a source of funding for a new technology development activity 

for information security. 

The House bill contained no similar provision. 

The agreement does not include the provision. 

Study on space-based interceptor element of ballistic missile defense 

system 

The Senate bill contained a provision (sec. 236) that would require an independent entity to conduct an assessment of the feasibility and advisability of developing a space-based interceptor element to the ballistic missile defense system. 

The House bill contained no similar provision. 

The agreement does not include the Senate provision. 


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Visiting National Institutes of Health senior neuroscience fellowship 

program 

The House bill contained a provision (sec. 239) that would establish a visiting National Institutes of Health neuroscience fellowship 

within the Department of Defense. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Neuroscience can play an important role in improving capabilities in combat casualty care, addressing traumatic brain injuries 

and post traumatic stress disorders, decision making, and humanmachine interfaces, among other areas. The Department of Defense 

is directed to continue to support research in this area, including 

expanding collaboration with the National Institutes of Health on 

research, personnel exchanges, technology transition, and other activities. 

TITLE III—OPERATION AND MAINTENANCE 


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Subtitle A—Authorization of Appropriations 

Operation and maintenance funding (sec. 301) 

The House bill contained a provision (sec. 301) that would authorize fiscal year 2009 funding levels for all operation and maintenance accounts. 

The Senate bill contained a similar provision (sec. 301). 

The agreement includes this provision. 

Subtitle B—Environmental Provisions 

Authorization for Department of Defense participation in conservation banking programs (sec. 311) 

The House bill contained a provision (sec. 311) that would authorize the Department of Defense to participate in conservation 

mitigation bank programs. 

The Senate bill contained a similar provision (sec. 2811). 

The agreement includes the House provision. 

Reimbursement of Environmental Protection Agency for certain 

costs in connection with Moses Lake Wellfield Superfund Site, 

Moses Lake, Washington (sec. 312) 

The House bill contained a provision (sec. 312) that would authorize the Department of Defense to reimburse the Environmental 

Protection Agency for certain costs in connection with Moses Lake 

Wellfield Superfund Site, Moses Lake, Washington. 

The Senate bill contained a similar provision (sec. 312). 

The agreement includes the House provision. 

Expand cooperative agreement authority for management of natural 

resources to include off-installation mitigation (sec. 313) 

The House bill contained a provision (sec. 313) that would expand the authority of the Department of Defense to enter cooperative agreements for the management of natural resources to cover 

off-installation mitigation efforts. 

The Senate bill contained a similar provision (sec. 311). 

The agreement includes the House provision. 

Expedited use of appropriate technology related to unexploded ordnance detection (sec. 314) 

The House bill contained a provision (sec. 314) that would require research on, deployment of, and training with unexploded 

ordnance (UXO) detection instrument technologies. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the expedited operational use of appropriate 

UXO detection technologies developed inside or outside the Department of Defense and further require the Secretary of Defense to report on activities related to the development and deployment of 

UXO detection technologies. 


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Closed loop re-refining of used motor vehicle lubricating oil (sec. 

315) 

The House bill contained a provision (sec. 315) that would require a report on Department of Defense policies concerning the 

sale and disposal of used motor vehicle lubricating oil. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense, rather than the Comptroller General to submit the report; extend the deadline for the report to one year; delete the requirement to implement closed loop 

policies; and make certain clarifying changes. 

Comprehensive program for the eradication of the brown tree snake 

population from military facilities in Guam (sec. 316) 

The Senate bill contained a provision (sec. 313) that would direct 

the Department of Defense to establish a comprehensive program 

to control and, to the extent practicable, eradicate the brown tree 

snake (Boiga irregularis) population from military facilities in 

Guam and prevent their spread to other areas. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

We are concerned about the adverse effects of the brown tree 

snake on native species on Guam and the ecological and economic 

risks posed by its inadvertent introduction to other areas in the Pacific region and the United States. We recommend that the Department of Defense place appropriate emphasis on brown tree snake 

interdiction and population reduction for the dual purposes of preventing inadvertent introduction outside of Guam and supporting 

programs to protect and restore native species on Guam. We further recommend that the Department execute this program in cooperation with the Government of Guam and consistent with its Integrated Natural Resources Management Plans. 

Subtitle C—Workplace and Depot Issues 

Comprehensive analysis and development of single government-wide 

definition of inherently governmental function and criteria for 

critical functions (sec. 321) 

The House bill contained a provision (sec. 322) that would require the Office of Management and Budget, in consultation with 

appropriate representatives of federal agencies, to conduct a comprehensive analysis of existing definitions of inherently governmental functions and other functions that should be performed by 

government employees, and to clarify those definitions as determined appropriate. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Study on future depot capability (sec. 322) 

The House bill contained a provision (sec. 323) that would require the Secretary of Defense to provide the Committees on 

Armed Services of the Senate and the House of Representatives an 

independent, quantitative assessment of the organic capability that 


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will be required to provide depot-level maintenance in the postreset environment. The provision would require that the Comptroller General review the report and provide findings within 90 

days of submission. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the independent assessment to review budget 

displays and the current visibility of reported depot workload to 

Congress. 

We were made aware by a recent reprogramming action, FY 08– 

37 PA, that certain depot maintenance is not being reported in the 

military departments’ depot budget lines. In addition, the military 

departments’ inflexibility in budgeting between depot and operations budget lines may cause them to make less than optimal 

budgeting and maintenance workload decisions. The additional 

study requirement on the adequacy of maintenance workload visibility in reports and budget displays to Congress addresses these 

concerns. 

Government Accountability Office review of high-performing organizations (sec. 323) 

The House bill contained a provision (sec. 324) that would restrict the authority of the Department of Defense to establish highperforming organizations through business process reengineering. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

requiring the Government Accountability Office to review the Department’s use of high-performing organizations. 

Consolidation of Air Force and Air National Guard aircraft maintenance (sec. 324) 

The House bill contained a provision (sec. 326) that would prohibit the Secretary of the Air Force from consolidating Air National 

Guard with active-duty Air Force maintenance activities and facilities without first consulting with, and obtaining the consent of, the 

National Guard Bureau. It would require the Secretary of the Air 

Force to report to the Committees on Armed Services of the Senate 

and the House of Representatives on the assumptions and criteria 

used to evaluate the feasibility of consolidation. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of the Air Force to submit reports 

to the Committees on Armed Services of the Senate and the House 

of Representatives prior to the consolidation of any active and Air 

National Guard aircraft repair facilities and personnel. Additionally, the agreement would require that an assessment by the Chief 

of the National Guard Bureau accompany the Secretary of the Air 

Force’s reports and that the Secretary of Defense certify that any 

consolidation is in the national interest and would not adversely affect Air National Guard missions. 

Report on Air Force civilian personnel consolidation plan (sec. 325) 

The House bill contained a provision (sec. 327) that would prohibit the consolidation of certain civilian personnel functions. 


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The Senate bill contained no similar provision. 

The agreement contains the House provision with an amendment 

that would require the Secretary of the Air Force to submit a report on the Air Force civilian personnel consolidation plan. In implementing the plan, we urge the Secretary to ensure that the Air 

Force retains the capability to manage appropriate personnel management and advisory functions at the large civilian centers where 

operations missions are complex and may be dependent upon the 

productivity of locally-managed civilian personnel numbering in the 

thousands. These large civilian centers include Hill Air Force Base, 

Utah; Robins Air Force Base, Georgia; Tinker Air Force Base, 

Oklahoma; and Wright-Patterson Air Force Base, Ohio. These large 

civilian centers are critical to the national security. 

Report on reduction in number of firefighters on Air Force bases 

(sec. 326) 

The House bill contained a provision (sec. 328) that would require the Secretary of the Air Force to submit a report to Congress 

on the effects of a reduction in the number of firefighters on Air 

Force bases. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Minimum capital investment for certain depots (sec. 327) 

The Senate bill contained a provision (sec. 322) that would 

amend section 332 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) to require 

the Department of Defense to report the separate levels of capital 

investment for Navy and Marine Corps depots. The provision would 

also add the following Army arsenals to the list of covered depots: 

Watervliet Arsenal, New York; Rock Island Arsenal, Illinois; and 

Pine Bluff Arsenal, Arkansas. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Subtitle D—Energy Security 

Annual report on operational energy management and implementation of operational energy strategy (sec. 331) 

The House bill contained a provision (sec. 331) that would require the Secretary of Defense to submit an annual operational energy management report to the congressional defense committees 

on operational energy consumption and initiatives. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Consideration of fuel logistics support requirements in planning, requirements development, and acquisition processes (sec. 332) 

The House bill contained a provision (sec. 332) that would require the Secretary of Defense to develop a methodology for including the fully-burdened cost of fuel and energy efficiency in planning, capability requirements development, and acquisition procVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00651 Fmt 6602 Sfmt 6602 E:\HR\OC\B707.XXX B707

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esses. This section would require the Secretary, not later than 180 

days after the date of enactment of this Act, to prepare an implementation plan and, within three years of enactment, certify to the 

Congress that the Department has complied with this section’s requirements. 

The Senate bill contained a similar provision that would require 

the Under Secretary of Defense for Acquisition, Technology, and 

Logistics to develop and report on an implementation plan for the 

incorporation of energy efficiency requirements into key performance parameters for fuel consuming systems. 

The agreement includes the House provision with an amendment 

that would require a progress report after two years of implementation and that the Secretary of Defense notify Congress on the Department’s compliance with the requirements of this section. 

Study on solar and wind energy for use for expeditionary forces (sec. 

333) 

The House bill contained a provision (sec. 333) that would require the Secretary of Defense to submit a report, not later than 

March 1, 2009, on the feasibility of using solar energy to provide 

electricity at forward operating locations. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would add requirements to also study wind energy, the potential for experimenting with solar and wind energy during training, 

and change the due date of the report to not later than 120 days 

after enactment of the bill. 

Study on alternative and synthetic fuels (sec. 334) 

The House bill contained a provision (sec. 334) that would require the Secretary of Defense to conduct a study on alternatives 

to reduce the life cycle emissions of coal-to-liquid fuels. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary to study alternatives to reduce 

the life-cycle emissions of alternative and synthetic fuels (including 

coal-to-liquid fuels). 

Mitigation of power outage risks for Department of Defense facilities 

and activities (sec. 335) 

The Senate bill contained a provision (sec. 341) that would direct 

the Secretary of Defense to conduct a comprehensive energy technical and operational risk assessment for mission critical Department installations, facilities, and activities; to develop integrated 

prioritized plans to eliminate or mitigate risks; and to establish 

goals to mitigate or eliminate the greatest and most urgent risks. 

The provision would also require that the Secretary provide the defense committees an annual report on the Department’s integrated 

prioritized plans and progress on efforts to mitigate or eliminate 

energy risks. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would add consideration of cost effectiveness to the development of risk mitigation plans. 


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Subtitle E—Reports 

Comptroller General report on readiness of armed forces (sec. 341) 

The House bill contained a provision (sec. 341) that would require the Comptroller General of the United States to submit to 

the Committees on Armed Services of the Senate and the House of 

Representatives a report on the readiness of the regular and reserve components of the armed forces. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Report on plan to enhance combat skills of Navy and Air Force personnel (sec. 342) 

The House bill contained a provision (sec. 342) that would require the Secretary of Defense to submit a report on the plans of 

the Secretary of the Navy and the Secretary of the Air Force to improve the combat skills of the members of the Navy and the Air 

Force, respectively. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Comptroller General report on the use of the Army Reserve and National Guard as an operational reserve (sec. 343) 

The House bill contained a provision (sec. 343) that would require the Comptroller General of the United States to submit a report to the Committees on Armed Services of the Senate and the 

House of Representatives on the use of Army Reserve and National 

Guard forces as an operational reserve. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Comptroller General report on link between preparation and use of 

Army reserve component forces to support ongoing operations 

(sec. 344) 

The House bill contained a provision (sec. 344) that would require the Comptroller General of the United States to analyze and 

report to the Committees on Armed Services of the Senate and the 

House of Representatives on the preparation and operational use of 

the Army’s reserve component forces. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Comptroller General report on adequacy of funding, staffing, and 

organization of Department of Defense military munitions response program (sec. 345) 

The House bill contained a provision (sec. 345) that would require the Comptroller General to report to Congress on the adequacy of the funding, staffing, and organization of the military munitions response program of the Department of Defense. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 


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Subtitle F—Other Matters 

Extension of enterprise transition plan reporting requirement (sec. 

351) 

The House bill contained a provision (sec. 351) that would extend 

through 2013 the requirement in section 2222(i) of title 10, United 

States Code, for the Secretary of Defense to submit an annual report to the congressional defense committees on the progress of the 

Department of Defense in transforming and improving its business 

systems. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Demilitarization of loaned, given, or exchanged documents, historical artifacts, and condemned or obsolete combat materiel (sec. 

352) 

The House bill contained a provision (sec. 352) that would require the demilitarization of military equipment donated to museums and other entities under section 2572 of title 10, United States 

Code. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

to ensure that the Secretary concerned has flexibility to determine 

the level of demilitarization required. 

Repeal of requirement that Secretary of Air Force provide training 

and support to other military departments for A–10 aircraft 

(sec. 353) 

The House bill contained a provision (sec. 353) that would repeal 

outdated language regarding fleet support and depot maintenance 

for A–10 aircraft. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Display of annual budget requirements for air sovereignty alert mission (sec. 354) 

The House bill contained a provision (sec. 354) that would require the Secretary of Defense to submit budget justification material that displays funds requested for all programs and activities of 

the air sovereignty alert mission of the Air Force. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Revision of certain Air Force regulations required (sec. 355) 

The House bill contained a provision (sec. 356) that would require the Secretary of the Air Force to bring the Air Freight Transportation Regulation Number 5, issued by the Air Mobility Command, into full compliance with Department of Defense transportation regulations requiring commercial best practices. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 


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Transfer of C–12 aircraft to California Department of Forestry and 

Fire Protection (sec. 356) 

The House bill contained a provision (sec. 357) that would authorize the Secretary of the Army to convey to the California Department of Forestry and Fire Protection, all right, title, and interest of the Federal Government in three C–12 aircraft that the Secretary has determined are surplus to need. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

We understand from the Department of the Army and the Department of the Air Force that: (1) these three C–12 aircraft have 

no residual value to the Army; (2) they are not sufficiently capable 

that they would represent any value to the Air Force in meeting 

its emerging needs for manned reconnaissance aircraft; and (3) the 

Army would otherwise dispose of these aircraft as scrap. 

Limitation on treatment of retired B–52 aircraft for Air Combat 

Command Headquarters (sec. 357) 

The House bill contained a provision (sec. 360) that would prohibit the Commander of Air Combat Command from obligating 

more than 80 per cent of the operation and maintenance funds 

available for Air Combat Command Management Headquarters, 

Sub-Activity Group 012E until the Secretary of Defense certifies 

that the future years defense program includes funding for 76 B– 

52 aircraft. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would prohibit the Commander of Air Combat Command from 

utilizing more than four of the 18 retired B–52 aircraft, which were 

retired pursuant to section 131 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) 

as maintenance ground training aircraft. 

Increase of domestic breeding of military working dogs used by the 

Department of Defense (sec. 358) 

The House bill contained a provision (sec. 361) that would establish require the Secretary of Defense to work toward the goal of 

procuring all military working dogs from domestic breeders. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to identify Department 

of Defense requirements for military working dogs and take steps 

to ensure that these requirements are met, including encouraging 

increased domestic breeding. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Time limitation on duration of public-private competitions 

The House bill contained a provision (sec. 321) that would place 

a time limit on the duration of public-private competitions for any 

function performed by Department of Defense employees. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 


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Authority to consider depot-level maintenance and repair using contractor furnished equipment or leased facilities as core logistics 

The Senate bill contained a provision (sec. 321) that would authorize the military departments to count workload performed by 

government employees using contractor furnished equipment, or in 

facilities leased to the government, as sustaining a core logistics capability under section 2464 of title 10, United States Code, if that 

work is being performed pursuant to a public-private partnership 

as defined by section 2474 of title 10, United States Code. 

The House bill contained no similar provision. 

The agreement does not include the provision. 

Temporary suspension of studies and public-private competitions regarding conversion of functions of the Department of Defense 

performed by civilian employees to contractor performance 

The House bill contained a provision (sec. 325) that would place 

a 3-year moratorium on public-private competitions within the Department of Defense. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Over the last decade, the number of contractor employees performing services for the Department of Defense (DOD) has nearly 

doubled, while the number of DOD civilian employees has remained essentially unchanged. Shortages of qualified civilian personnel in key functional areas have raised questions about the Department’s ability to manage its operations. At the same time, the 

Department’s aggressive effort to privatize functions currently performed by civilian employees has led to turbulence and low morale 

in some segments of the Department’s workforce. In addition, we 

are concerned that the savings generated from such competitions 

may not justify the turmoil generated at a time when the military 

services are stressed by ongoing operations in Iraq and Afghanistan, transformation initiatives, and actions being taken to implement the 2005 base closure and realignment. These problems may 

be further exacerbated when the process of conducting public-private competitions drags out over a period of years, while the threat 

of job loss continues to hang over the heads of impacted employees. 

We believe that these factors require a serious reconsideration of 

the Department’s strategy regarding public-private competitions of 

functions performed by the Department’s civilian employees. 

Exception to alternative fuel procurement requirement 

The House bill contained a provision (sec. 335) that would amend 

section 526 of the Energy Independence and Security Act of 2007 

(Public Law 110–140) to specify that federal agencies are not prohibited from entering into contracts to purchase generally-available 

fuel that is not an alternative or synthetic fuel or predominantly 

produced from a nonconventional petroleum source in certain circumstances. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. Section 526 was 

not intended to preclude the Department of Defense from purchasing the fuel that it needs for the national defense from the 


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generally-available fuel supply. We expect the Department to continue making such purchases. 

Study of consideration of greenhouse gas emissions 

The House bill contained a provision (sec. 336) that would require the Secretary of Defense to study processes and methods for 

the consideration of greenhouse gas emissions in the acquisition 

process and develop a timeline for the implementation of such processes and methods. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Increased authority to accept financial and other incentives related 

to energy savings and new authority related to energy systems 

The Senate bill contained a provision (sec. 342) that would authorize the Secretary of Defense to accept financial and other incentives in connection with the construction of an energy system 

using solar energy or other renewable forms of energy. 

The House bill contained no similar provision. 

The agreement does not include the provision. 

Recovery of improperly disposed of Department of Defense property 

The Senate bill contained a provision (sec. 343) that would enable the Department of Defense to recover military or Department 

of Defense property that has been disposed of in violation of applicable statutes and regulatory requirements. 

The House bill contained no similar provision. 

The agreement does not include the provision. 

Report on options for providing ship repair capabilities to support 

ships operating near Guam 

The House bill contained a provision (sec. 346) that would require the Secretary of the Navy to submit a report on the best option or options for providing voyage repair capabilities to support 

United States Navy ships operating at or near Guam. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Sense of Congress that air sovereignty alert mission should receive 

sufficient funding and resources 

The House bill contained a provision (sec. 355) that would express the sense of Congress that air sovereignty alert mission 

should receive sufficient funding and resources. 

The Senate bill contained no similar provision. 

The agreement does not include the House provision. 

Availability of funds for Irregular Warfare Support program 

The House bill contained a provision (sec. 358) that would require as much as $75.0 million to be made available for the Irregular Warfare Support (IWS) program from funds made available 

for the Joint Improvised Explosive Device Defeat Organization 

(JIEDDO) in fiscal year 2009. 

The Senate bill contained no similar provision. 


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The agreement does not include this provision. However, the 

agreement does include funding for the IWS program in title XV. 

Sense of Congress regarding procurement and use of munitions 

The House bill contained a provision (sec. 359) that would express the sense of Congress regarding the procurement of military 

munitions. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

TITLE IV—MILITARY PERSONNEL 

AUTHORIZATIONS 

Subtitle A—Active Forces 

End strengths for active forces (sec. 401) 

The House bill contained a provision (sec. 401) that would authorize the following end strengths for active-duty personnel of the 

armed forces as of September 30, 2009: Army, 532,400; Navy, 

326,323; Marine Corps, 194,000; and Air Force, 317,050. The House 

provision included increases of 7,000 and 5,000 for the Army and 

Marine Corps, respectively, to support those services’ growth in 

ground forces. 

The Senate bill contained a similar provision (sec. 401) that 

would authorize active-duty end strengths of 325,300 for the Navy 

and 316,771 for the Air Force, and identical end strengths for the 

Army and Marine Corps. 

The agreement includes the House provision. 

The Secretary of Defense has stated that he will support the Air 

Force’s request to maintain its active-duty end strength well above 

the 316,000 level previously approved in connection with its recapitalization planning. While excessive and poorly managed manpower cuts aimed primarily at saving money must be avoided, the 

Department of Defense must demonstrate in the next budget cycle 

how it intends to balance these competing, readiness-related goals. 

We do not oppose the Air Force’s efforts to maintain a higher end 

strength, and expect the Department and the Air Force to work 

with the Congress in finding appropriate funding sources in 2009. 

End strength levels for the active forces for fiscal year 2009 are 

set forth in the following table: 

Service 

FY 2009 Change from 

FY 2008 

authorized Request Recommendations FY 2009 request 

FY 2008 

authorized 

Army ............................................................ 525,400 532,400 532,400 0 7,000 

Navy ............................................................. 329,098 325,300 326,323 1,023 ¥2,775 

Marine Corps ............................................... 189,000 194,000 194,000 0 5,000 

Air Force ...................................................... 329,563 316,600 317,050 450 ¥12,513 

DOD Total ........................................... 1,373,061 1,368,300 1,369,773 1,473 ¥3,288 


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Revision in permanent active duty end strength minimum levels 

(sec. 402) 

The House bill contained a provision (sec. 402) that would establish the following minimum end strengths for active-duty personnel 

as of September 30, 2009: Army, 532,400; Navy, 326,323; Marine 

Corps, 194,000; and Air Force 317,050. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would establish a minimum end strength of 325,300 activeduty personnel for the Navy. 

Minimum end strength levels for active forces are set forth in the 

following table: 

Service FY 2008 

authorized 

FY 2009 Change from 

Recommendation FY 2008 

Army .......................................................................................... 525,400 532,400 7,000 

Navy .......................................................................................... 328,400 325,300 ¥3,100 

Marine Corps ............................................................................. 189,000 194,000 5,000 

Air Force .................................................................................... 328,600 317,050 ¥11,550 

DOD Total ......................................................................... 1,371,400 1,368,750 ¥2,650 

Subtitle B—Reserve Forces 

End strengths for Selected Reserve (sec. 411) 

The House bill contained a provision (sec. 411) that would authorize the following end strengths for Selected Reserve personnel, 

including the end strengths for reserves on active duty in support 

of the reserves as of September 30, 2009: the Army National Guard 

of the United States, 352,600; the Army Reserve, 205,000; the 

Navy Reserve, 66,700; the Marine Corps Reserve, 39,600; the Air 

National Guard of the United States, 106,700; the Air Force Reserve, 67,400; and the Coast Guard Reserve, 10,000. 

The Senate bill contained a similar provision (sec. 411) that 

would authorize an end strength of 106,756 for the Air National 

Guard of the United States and identical end strengths for the 

other services. 

The agreement includes the Senate provision. 

End strength levels for the Selected Reserve for fiscal year 2009 

are set forth in the following table: 

Service FY 2008 

authorized 

FY 2009 Change from 

Request Conferee recommendation 

FY 2009 

request 

FY 2008 

authorized 

Army National Guard ................................... 351,300 352,600 352,600 0 1,300 

Army Reserve ............................................... 205,000 205,000 205,000 0 0 

Navy Reserve ............................................... 67,800 66,700 66,700 0 ¥1,100 

Marine Corps Reserve ................................. 39,600 39,600 39,600 0 0 

Air National Guard ...................................... 106,700 106,700 106,756 56 56 

Air Force Reserve ........................................ 67,500 67,400 67,400 0 ¥100 

DOD Total ........................................... 837,900 838,000 838,056 0 156 

Coast Guard Reserve .................................. 10,000 10,000 10,000 0 0 


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End strengths for reserves on active duty in support of the reserves 

(sec. 412) 

The House bill contained a provision (sec. 412) that would authorize the following end strengths for reserves on active duty in 

support of the reserve components as of September 30, 2009: the 

Army National Guard of the United States, 32,060; the Army Reserve, 17,070; the Navy Reserve, 11,099; the Marine Corps Reserve, 

2,261; the Air National Guard of the United States, 14,337; and the 

Air Force Reserve, 2,733. 

The Senate bill contained a similar provision (sec. 412) that 

would authorize end strengths of 29,950 for the Army National 

Guard of the United States; 16,170 for the Army Reserve; 14,360 

for the Air National Guard of the United States; and identical end 

strengths for the other components. 

The agreement includes the House provision with an amendment 

that would authorize end strengths of 16,170 for the Army Reserve 

and 14,360 for the Air National Guard of the United States. 

End strength levels for reserves on active duty in support of the 

reserves are set forth in the following table: 

Service FY 2008 

authorized 

FY 2009 Change from 

Request Recommendation FY 2009 

request 

FY 2008 

authorized 

Army National Guard ................................... 29,204 29,950 32,060 2,110 2,856 

Army Reserve ............................................... 15,870 16,170 16,170 0 300 

Navy Reserve ............................................... 11,579 11,099 11,099 0 ¥480 

Marine Corps Reserve ................................. 2,261 2,261 2,261 0 0 

Air National Guard ...................................... 13,936 14,337 14,360 23 424 

Air Force Reserve ........................................ 2,721 2,733 2,733 0 12 

DOD Total ........................................... 75,571 76,550 78,683 2,133 3,112 

End strengths for military technicians (dual status) (sec. 413) 

The House bill contained a provision (sec. 413) that would authorize the following end strengths for military technicians (dual 

status) as of September 30, 2009: the Army Reserve, 8,395; the 

Army National Guard of the United States, 27,210; the Air Force 

Reserve, 10,003; and the Air National Guard of the United States, 

22,452. 

The Senate bill contained a similar provision (sec. 413) that 

would authorize an end strength of 22,459 for the Air National 

Guard of the United States, and identical end strengths for the 

other components. 

The agreement includes the House provision. 

End strength levels for military technicians (dual status) are set 

forth in the following table: 

Service FY 2008 

authorized 

FY 2009 Change from 

Request Recommendation FY 2009 

request 

FY 2008 

authorized 

Army Reserve ............................................... 8,249 8,395 8,395 0 146 

Army National Guard ................................... 26,502 27,210 27,210 0 708 

Air Force Reserve ........................................ 9,909 10,003 10,003 0 94 

Air National Guard ...................................... 22,553 22,452 22,452 0 ¥101 

DOD Total ........................................... 67,213 68,060 68,060 0 847 


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Fiscal year 2009 limitation on number of non-dual status technicians (sec. 414) 

The House bill contained a provision (sec. 414) that would establish the maximum end strengths for the reserve components of the 

Army and Air Force for non-dual status technicians as of September 30, 2009. 

The Senate bill contained an identical provision (sec. 414). 

The agreement includes this provision. 

Maximum number of reserve personnel authorized to be on active 

duty for operational support (sec. 415) 

The House bill contained a provision (sec. 415) that would authorize the maximum number of reserve component personnel who 

may be on active duty or full-time National Guard duty under section 115(b) of title 10, United States Code, during fiscal year 2009 

to provide operational support. 

The Senate bill contained an identical provision (sec. 415). 

The agreement includes this provision. 

Additional waiver authority of limitation on number of reserve component members authorized to be on active duty (sec. 416) 

The House bill contained a provision (sec. 416) that would amend 

section 123a of title 10, United States Code, to authorize the President to waive the limitations on the number of reserve component 

personnel who can be on active duty for operational support to provide assistance in responding to a major disaster or emergency. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Subtitle C—Authorization of Appropriations 

Military personnel (sec. 421) 

The House bill contained a provision (sec. 421) that would authorize appropriations for military personnel. 

The Senate bill contained a similar provision (sec. 421). 

The agreement includes this provision. 

The following are the changes from the budget request for the 

military personnel accounts: 

[Changes in millions of dollars] 

Increase in military pay raise ........................................................................ 324.0 

Restore military to civilian conversions-Navy ............................................... 26.8 

Restore military to civilian conversions-Air Force ........................................ 38.8 

Restore military to civilian conversions-Undistributed ................................ 35.5 

Increase Air National Guard end strength .................................................... 3.3 

Increase Army National Guard full-time support positions ......................... 85.0 

Senior Leadership Diversity Commission ...................................................... 0.3 

Permanent prohibition on charging meals at MTFs ..................................... 1.0 

Increase in maximum temporary lodging expenses ...................................... 37.0 

Second family housing allowance for dual military couples ........................ 2.0 

Nurse candidate accession bonus and monthly stipend ............................... 2.0 

New bonuses for psychologists and other mental health officers ................ 13.0 

Additional weight allowance for spouses ....................................................... 13.0 

Continuation of bonuses for certain service members .................................. 1.0 

Reduction of unobligated military personnel balances ................................. ¥1,038.2 

Total .............................................................................................................¥455.5 


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LEGISLATIVE PROVISION NOT ADOPTED

Increased end strengths for Reserves on active duty in support of the 

Army National Guard and Army Reserve and military technicians (dual status) of the Army National Guard 

The Senate bill contained a provision (sec. 416) that would authorize additional Active Guard and Reserve (AGR) end strength 

for the Army National Guard and Army Reserve, and additional 

end strength for Army National Guard military technicians (dual 

status). 

The House bill contained no similar provision. 

The agreement does not include the provision. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy Generally 

Mandatory separation requirements for regular warrant officers for 

length of service (sec. 501) 

The House bill contained a provision (sec. 501) that would amend 

section 1305 of title 10, United States Code, to provide that regular 

warrant officers of the Navy, Marine Corps, and Coast Guard who 

have at least 30 years of total active service that could be credited 

to the officer shall be retired 60 days after the date the warrant 

officer completes that service. For regular Army warrant officers, 

the provision would specify that only years of active service as a 

warrant officer should be used in calculating 30 years of active 

service for mandatory retirement. 

The Senate bill contained a similar provision (sec. 509). 

The agreement includes the House provision. 

Requirements for issuance of posthumous commissions and warrants (sec. 502) 

The House bill contained a provision (sec. 502) that would amend 

sections 1521 and 1522 of title 10, United States Code, to replace 

the condition for a posthumous commission or warrant that the 

death be in the line of duty with a requirement for a certification 

by the secretary concerned that, at the time of death, the member 

was qualified for appointment to the next higher grade. 

The Senate bill contained a similar provision (sec. 510). 

The agreement includes the House provision with a technical 

amendment. 

Authorized number of general officers on active duty in the Army 

and Marine Corps, limited exclusion for joint duty requirements, and increase in number of officers serving in grades 

above major general and rear admiral (sec. 503) 

The House bill contained a provision (sec. 504) that would amend 

sections 525 and 526 of title 10, United States Code, to allow an 

increase of one general officer in the rank of lieutenant general for 

the Marine Corps. 

The Senate bill contained a provision (sec. 501) that would increase from 16.3 percent to 16.4 percent the percentage of general 

and flag officers in a military service that may be appointed above 


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the grade of major general or rear admiral, and exclude from the 

limitations of section 525 of title 10, United States Code, those reserve general or flag officers on active duty under orders specifying 

a period of active duty of not longer than three years. 

The agreement includes the House provision with an amendment 

that would amend section 526 of title 10, United States Code, to 

increase the authorized number of Army general officers on active 

duty from 302 to 307, with the increased authorization reserved for 

Army general officers who serve in acquisition positions and increase the number of Marine Corps general officers on active duty 

from 80 to 81. The provision would increase from 12 to 65 the number of general and flag officer joint duty assignment positions that 

the Chairman of the Joint Chiefs of Staff can exclude from the limitations on general and flag officers on active duty, five of which 

are reserved for general or flag officers who serve in an acquisition 

position, including one assignment in the Defense Contract Management Agency. The provision would also amend section 525 of 

title 10, United States Code, to increase from 16.3 percent to 16.4 

percent the percentage of general and flag officers in a military 

service that may be appointed above the grade of major general or 

rear admiral. 

Modification of authority on Staff Judge Advocate to the Commandant of the Marine Corps (sec. 504) 

The House bill contained a provision (sec. 551) that would amend 

section 5046 of title 10, United States Code, to require that the 

Staff Judge Advocate to the Commandant of the Marine Corps 

serve in the grade of major general. 

The Senate bill contained a similar provision (sec. 507) that 

would also exclude an officer serving in this grade and position 

from the limitation on the authorized number of officers serving in 

grades above brigadier general in the Marine Corps. 

The agreement includes the Senate provision with a technical 

amendment. 

Eligibility of reserve officers to serve on boards of inquiry for separation of regular officers for substandard performance and 

other reasons (sec. 505) 

The Senate bill contained a provision (sec. 506) that would 

amend section 1187 of title 10, United States Code, to authorize reserve officers to serve as members of boards of inquiry convened to 

consider whether regular officers should be retained on active duty. 

This implements a recommendation of the Commission on the National Guard and Reserves regarding elimination of policies which 

unnecessarily distinguish reserve component personnel from their 

active duty counterparts and thereby impede full integration. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 


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Delayed authority to alter distribution requirements for commissioned officers on active duty in general officer and flag officer 

grades and limitations on authorized strengths of general and 

flag officers (sec. 506) 

The Senate amendment contained a provision (sec. 502) that 

would amend section 526 of title 10, United States Code, to authorize the Secretary of Defense to designate up to 324 general and flag 

officer positions as joint duty assignments that would be excluded 

from the limitation on the number of general and flag officers in 

each service and would specify the minimum number of officers required to serve in these positions for each service. The provision 

would realign the number of general and flag officers authorized to 

serve on active duty in the Army from 302 to 222 officers; in the 

Navy from 216 to 159 officers; in the Air Force from 279 to 206 officers; and in the Marine Corps from 80 to 59 officers. The provision 

would also repeal section 721 of title 10, United States Code, which 

limits the number of general and flag officers authorized to serve 

in positions outside their own service. The provision would also establish goals for the number of general and flag officers in the Department of Defense (DOD) and the military services who serve in 

acquisition positions and who have significant contracting experience. 

The House bill contained no similar provision. 

The agreement includes the provision with an amendment that 

would delay implementation until 1 year after the Secretary of Defense submits to Congress a report on the proposed implementation 

of the provision. The amendment would also amend sections 525 

and 526 of title 10, United States Code, to specify the distribution 

and authorized strength limits of commissioned officers on active 

duty in general officer and flag officer grades. Finally, the amendment would remove the goals for the number of general and flag 

officers who serve in acquisition positions as this is addressed elsewhere in this bill. 

Subtitle B—Reserve Component Management 

Extension to other reserve components of Army authority for deferral 

of mandatory separation of military technicians (dual status) 

until age 60 (sec. 511) 

The House bill contained a provision (sec. 511) that would amend 

section 10216(f) of title 10, United States Code, to extend to the 

Secretary of the Air Force the same authority previously granted 

to the Secretary of the Army to delay mandatory separation of dual 

status military technicians for years of service or other policy consideration until age 60. 

The Senate bill contained a similar provision (sec. 532). 

The agreement includes the Senate provision. 

Modification of authorized strengths for certain Army National 

Guard, Marine Corps Reserve, and Air National Guard officers 

and Army National Guard enlisted personnel serving on fulltime reserve component duty (sec. 512) 

The House bill contained a provision (sec. 512) that would amend 

section 12011 of title 10, United States Code, to increase the limit 


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on the number of Marine Corps lieutenant colonels authorized to 

serve on full-time reserve component duty at the end of any fiscal 

year. 

The Senate bill contained a similar provision (sec. 417). 

The agreement includes the House provision with an amendment 

that would also increase the limit on Army and Air National Guard 

officers and Army National Guard enlisted personnel serving on 

full-time reserve component duty. 

Clarification of authority to consider for a vacancy promotion National Guard officers ordered to active duty in support of a contingency operation (sec. 513) 

The House bill contained a provision (sec. 513) that would amend 

section 14317 of title 10, United States Code, to authorize the promotion of reserve component officers, including National Guard officers, who are recommended for promotion to fill a position vacancy under section 14315 of title 10, United States Code, and who 

are ordered to active duty in support of a contingency operation. 

The Senate bill contained a similar provision (sec. 534). 

The agreement includes the House provision. 

Increase in mandatory retirement age for certain Reserve officers 

(sec. 514) 

The House bill contained a provision (sec. 514) that would amend 

sections 12647 and 14702 of title 10, United States Code, to increase the mandatory retirement age from age 60 to age 62 for 

commissioned officers assigned to the Selective Service System, as 

National Guard property and fiscal officers, and Army National 

Guard officers assigned to a headquarters or headquarters detachment of a State. 

The Senate bill contained a similar provision (sec. 533). 

The agreement includes the House provision. 

Age limit for retention of certain Reserve officers on active-status list 

as exception to removal for years of commissioned service (sec. 

515) 

The House bill contained a provision (sec. 515) that would authorize the Secretary of the Army and the Secretary of the Air 

Force to retain Reserve officers in the grade of lieutenant general 

beyond mandatory retirement for years of service until the officer 

becomes 66 years of age. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Authority to retain Reserve chaplains and officers in medical and 

related specialties until age 68 (sec. 516) 

The House bill contained a provision (sec. 516) that would amend 

section 14703(b) of title 10, United States Code, and section 324(a) 

of title 32, United States Code, to authorize reserve component 

chaplains and medical officers to be retained in an active status 

until the date on which the officer becomes 68 years of age. 

The Senate bill contained a similar provision (sec. 535). 

The agreement includes the House provision. 


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Modification of authorities on dual duty status of National Guard 

officers (sec. 517) 

The Senate bill contained a provision (sec. 536) that would 

amend section 325 of title 32, United States Code, to authorize all 

National Guard officers, not just those in command of National 

Guard units, to retain their state status while serving on active 

duty when authorized by the President and with the consent of the 

Governor or the commanding general of the District of Columbia 

National Guard as applicable. The provision would also allow the 

consent or authorization to be given in advance for the purpose of 

establishing the succession of command of a unit. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Study and report regarding Marine Corps personnel policies regarding assignments in Individual Ready Reserve (sec. 518) 

The House bill contained a provision (sec. 517) that would require the Secretary of the Navy to conduct a study on the policies, 

procedures, and impact on personnel of the Marine Corps Reserve 

relating to transfers between the Selected Reserve and Individual 

Ready Reserve. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Report on collection of information on civilian skills of members of 

the reserve components of the armed forces (sec. 519) 

The Senate bill contained a provision (sec. 538) that would require the Secretary of Defense to submit a report by March 1, 2009, 

on the feasibility, uses, and cost effectiveness of collecting information about skills, qualifications, and professional certifications possessed by members of the reserve components. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Subtitle C—Joint Qualified Officers and Requirements 

Joint duty requirements for promotion to general or flag officer (sec. 

521) 

The House bill contained a provision (sec. 521) that would amend 

section 619a of title 10, United States Code, to provide that with 

certain exceptions, an officer must be designated as a joint qualified officer, rather than a joint specialty officer, in accordance with 

section 661 of title 10, United States Code, before being eligible for 

promotion to general or flag officer. 

The Senate bill contained a similar provision (sec. 503). 

The agreement includes the House provision with a technical 

amendment. 

Technical, conforming, and clerical changes to joint specialty terminology (sec. 522) 

The House bill contained a provision (sec. 522) that would amend 

the terminology used in sections 661, 663, 665, and 667 of title 10, 

United States Code, to correspond with changes made in section 


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516 of the John Warner National Defense Authorization Act for 

Fiscal Year 2007 (Public Law 109–364), replacing references to 

‘‘joint specialty officer’’ with ‘‘joint qualified officer.’’ 

The Senate bill contained a similar provision (sec. 505). 

The agreement includes the House provision. 

Promotion policy objectives for joint qualified officers (sec. 523) 

The House bill contained a provision (sec. 523) that would amend 

section 662 of title 10, United States Code, to provide that officers 

in the grade of major or lieutenant commander and above who are 

designated as joint qualified officers are expected, as a group, to be 

promoted to the next higher grade at a rate not less than the rate 

for all officers of the same armed force in the same grade and competitive category. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would retain the current requirement that officers who are 

serving or have served on the joint staff are expected, as a group, 

to be promoted to the next higher grade at a rate not less than the 

rate for officers of the same armed force in the same grade and 

competitive category who are serving or have served on the headquarters staff of their armed force. 

Length of joint duty assignments (sec. 524) 

The House bill contained a provision (sec. 524) that would amend 

section 664 of title 10, United States Code, to align prescribed joint 

duty assignment lengths with the joint qualification system implemented pursuant to section 516 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364), 

to take into account multiple joint experiences in satisfying joint 

duty assignment requirements. 

The Senate bill contained a similar provision (sec. 504). 

The agreement includes the House provision. 

Designation of general and flag officer positions on Joint Staff as 

positions to be held only by reserve component officers (sec. 525) 

The House bill contained a provision (sec. 525) that would amend 

section 526 of title 10, United States Code, to allow the Chairman 

of the Joint Chiefs of Staff to exempt up to three reserve general 

and flag officers from counting against the general and flag officer 

limitations. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Modification of limitations on authorized strengths of reserve general and flag officers in active status serving in joint duty assignments (sec. 526) 

The Senate bill contained a provision (sec. 531) that would 

amend section 12004 of title 10, United States Code, to exclude 

from the limitations on the numbers of reserve general and flag officers in an active status those reserve general and flag officers 

serving in joint duty assignments. The number of reserve general 

and flag officers excluded could not exceed 20 percent of the numVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00667 Fmt 6602 Sfmt 6602 E:\HR\OC\B707.XXX B707

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ber of authorized flag and general officers authorized for the service concerned. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment to also exclude from the limitations on the numbers of reserve general and flag officers in an active status Marine Corps reserve officers serving in joint duty assignments. 

Reports on joint education courses available through the Department of Defense (sec. 527) 

The House bill contained a provision (sec. 526) that would amend 

section 10506(a)(3) of title 10, United States Code, to require that 

service of an officer as the adjutant general of the National Guard 

of a State be treated as joint duty experience for assignment or promotion to any position designated by law as open to a National 

Guard general officer. The provision would require the Chief of the 

National Guard Bureau to issue a report to the Chairman of the 

Joint Chiefs of Staff and Congress recommending which duty of officers of the National Guard in the Joint Force Headquarters of the 

National Guard of the States should qualify as joint duty or joint 

duty experience. The provision would require that the Chairman of 

the Joint Chiefs of Staff submit three annual reports to Congress 

on the joint educational courses available through the Department. 

The provision would also require Commander, United States 

Northern Command, Commander, United States Pacific Command, 

and the Chief of the National Guard Bureau, with the approval of 

the Secretary of Defense, to jointly enter into a memorandum of 

understanding regarding operational relationships and individual 

roles and responsibilities during responses to domestic emergencies. 

The Senate bill contained no similar provision. 

The agreement requires the Chairman of the Joint Chiefs of Staff 

to report to Congress on the joint education courses available 

through the Department in 3 successive years starting in 2009. 

The Department is requested to expedite review of the findings 

of the final report to Congress and the Secretary of Defense of the 

Commission on the National Guard and Reserves, dated January 

31, 2008, as required elsewhere in this bill. 

Subtitle D—General Service Authorities 

Increase in maximum period of reenlistment of regular members of 

the armed forces (sec. 531) 

The House bill contained a provision (sec. 531) that would amend 

section 505(d) of title 10, United States Code, and section 308(a) of 

title 37, United States Code, to increase from 6 to 8 years the maximum period of reenlistment of regular members of the armed 

forces. 

The Senate bill contained a similar provision (sec. 521). 

The agreement includes the House provision with a technical 

amendment. 


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Paternity leave for members of the armed forces (sec. 532) 

The Senate bill contained a provision (sec. 583) that would 

amend section 701 of title 10, United States Code, to authorize up 

to 21 days of leave for a male service member whose spouse gives 

birth to a child. The leave would be in addition to any other leave 

to which the service member is entitled. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would mandate 10 days of paternity leave for service 

members, and would authorize the secretaries concerned to implement the benefit by service regulation. 

Pilot programs on career flexibility to enhance retention of members 

of the armed forces (sec. 533) 

The House bill contained a provision (sec. 532) that would authorize the secretaries of the military departments to conduct pilot 

programs to evaluate the need for more flexibility in career patterns of a limited number of active-duty officers and enlisted members. Under the pilot programs, selected service members would 

leave active duty for a period of up to 3 years, and then return to 

active duty in the same grade and years of service that they held 

at the time they were inactivated. Time spent while inactivated 

would not count toward retirement eligibility, computation of retired pay, or years of service. 

The Senate bill contained a similar provision (sec. 585) that 

would provide that the authority to conduct pilot programs would 

commence January 1, 2009, and end December 31, 2014. The provision would also require the secretaries of the military departments 

to submit interim reports in 2010 and 2012. The Secretary of Defense would be required to submit a final report no later than 

March 1, 2015, evaluating all the pilot programs conducted under 

this authority. 

The agreement includes the Senate provision with an amendment that would limit participation in the pilot programs to 20 enlisted personnel and 20 officers per year per service. The amendment would also establish that the pilot program authority would 

commence January 1, 2009, and that no member of the armed 

forces could be released from active duty under a pilot program 

after December 31, 2012. Finally, the amendment would require interim reports from the service secretaries to the congressional defense committees no later than June 1, 2011, and June 1, 2013, 

and a final report from the Secretary of Defense no later than 

March 1, 2016. 

Subtitle E—Education and Training 

Authorized strength of military service academies and repeal of prohibition on phased increase in midshipmen and cadet strength 

limit at Naval Academy and Air Force Academy (sec. 540) 

The House bill contained a provision (sec. 541) that would amend 

sections 6954 and 9342 of title 10, United States Code, to extend 

the authority of the Secretary of the Navy and the Secretary of the 

Air Force to increase the size of the Brigade of Midshipmen and 

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Academy respectively by up to 100 cadets per year to a maximum 

of 4,400 cadets. 

The Senate bill contained a similar provision (sec. 551) that 

would provide that the authorized strength of the Brigade of Midshipmen at the United States Naval Academy is 4,400 midshipmen, or such lower number as may be prescribed by the Secretary of the Navy. 

The agreement includes the Senate provision with an amendment that would provide that the maximum authorized strengths 

of the Military Academy, the Naval Academy, and the Air Force 

Academy are each 4,400 cadets or midshipmen. 

Promotion of foreign and cultural exchange activities at military 

service academies (sec. 541) 

The House bill contained a provision (sec. 542) that would amend 

chapters 403, 603, and 903 of title 10, United States Code, to allow 

the military service academies to support foreign and cultural exchange programs for up to two weeks a year to foster the development of foreign language skills, cross cultural interactions and understanding, and cultural immersion of cadets and midshipmen. 

The Senate bill contained a similar provision (sec. 555). 

The agreement includes the House provision. 

Increased authority to enroll defense industry employees in defense 

product development program (sec. 542) 

The House bill contained a provision (sec. 544) that would amend 

section 7049 of title 10, United States Code, to increase from 25 to 

125 the number of defense industry employees who could receive 

instruction at the Naval Postgraduate School. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Expanded authority for institutions of professional military education to award degrees (sec. 543) 

The House bill contained a provision (sec. 549) that would authorize the President of the National Defense Intelligence College, 

the President of the National Defense University, the Commandant 

of the United States Army Command and General Staff College, 

the Commandant of the United States Army War College, the 

President of the Naval Postgraduate School, the President of the 

Naval War College, the President of the Marine Corps University, 

and the Commander of the Air University, for both the Air Force 

Institute of Technology and for the Air University, to confer appropriate degrees upon graduates who meet degree requirements. A 

degree would not be conferred under this authority unless the Secretary of Education has recommended approval of the degree and 

the college or university is accredited by the appropriate civilian 

academic accrediting agency or organization. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 


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Tuition for attendance of federal employees at the United States Air 

Force Institute of Technology (sec. 544) 

The Senate bill contained a provision (sec. 552) that would 

amend section 9314(c) of title 10, United States Code, to require 

the United States Air Force Institute of Technology to charge tuition for instruction of civilians from the military departments, 

other components of the Department of Defense, and other federal 

agencies, and to use these funds to defray the costs of such instruction. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a technical 

amendment. 

Increase in number of permanent professors at the United States Air 

Force Academy (sec. 545) 

The Senate bill contained a provision (sec. 508) that would 

amend section 9331 of title 10, United States Code, to increase 

from 21 to 25 the number of permanent professors at the Air Force 

Academy. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would increase from 21 to 23 the number of permanent 

professors at the Air Force Academy. 

Requirement of completion of service under honorable conditions for 

purposes of entitlement to educational assistance for reserve 

component members supporting contingency operations (sec. 

546) 

The House bill contained a provision (sec. 545) that would amend 

section 16164 of title 10, United States Code, to clarify that only 

service members who separate under honorable conditions are eligible to use the educational benefits under chapter 1607 of title 10, 

United States Code, for a period of 10 years after separation. 

The Senate bill contained a similar provision (sec. 554). 

The agreement includes the Senate provision with an amendment that would make this provision effective on the date of enactment of this Act and apply to persons who separate after the date 

of the enactment of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) who, as of the date of enactment of this Act, have not used any of their entitlement under 

chapter 1607 of title 10, United States Code. 

Consistent education loan repayment authority for health professionals in regular components and Selected Reserve (sec. 547) 

The House bill contained a provision (sec. 546) that would equate 

the maximum limits for loan repayment programs for health professionals in the reserve components under section 16302 of title 

10, United States Code, with the maximum limits for loan repayment programs for active-duty health professionals under section 

2173 of title 10, United States Code. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 


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Increase in number of units of Junior Reserve Officers’ Training 

Corps (sec. 548) 

The House bill contained a provision (sec. 547) that would require the Secretary of Defense, in consultation with the secretaries 

of the military departments, to develop and implement a plan to 

establish and support 4,000 Junior Reserve Officers’ Training 

Corps units by fiscal year 2020. The section would also require the 

Secretary of Defense to submit a report to the congressional defense committees that would provide information on how the services will achieve this goal, as well as other pertinent information, 

by March 31, 2009. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

to develop and implement a plan to establish and support 3,700 

Junior Reserve Officers’ Training Corps units by fiscal year 2020. 

Correction of erroneous Army College Fund benefit amounts (sec. 

549) 

The House bill contained a provision (sec. 548) that would authorize the Secretary of the Army, through the Army Board for 

Correction of Military Records, to consider, from January 1, 2009, 

through June 30, 2009, a request for the correction of military 

records relating to the amount of the Army College Fund benefit 

to which an applicant may be entitled under an Army incentive 

program contract. The provision would clarify that the Secretary 

may pay such amounts as the Secretary considers necessary without regard to any limits on the total combined amounts established 

for the Army College Fund and the Montgomery G.I. Bill. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would allow consideration of such requests through December 

31, 2009. 

Enhancing education partnerships to improve accessibility and 

flexibility for members of the Armed Forces (sec. 550) 

The House bill contained a provision (sec. 550) that would authorize service secretaries to enter into partnership agreements 

with educational institutions in the United States for the purpose 

of developing plans to improve accessibility and flexibility of college 

courses available to service members; improving the application 

process for the armed forces tuition assistance programs and raising awareness regarding educational opportunities available to 

service members; developing curriculum, distance education programs, and career counseling designed to meet the professional, financial, academic, and social needs of service members; and assessing how resources may be applied more effectively to meet the educational needs of service members. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 


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Subtitle F—Defense Dependents’ Education 

Continuation of authority to assist local educational agencies that 

benefit dependents of members of the armed forces and Department of Defense civilian employees (sec. 551) 

The House bill contained a provision (sec. 571) that would au- thorize $50.0 million for continuation of the Department of Defense 

(DOD) assistance program to local agencies that are impacted by 

enrollment of dependent children of military members and DOD civilian employees. This provision would also authorize $15.0 million 

for assistance to local educational agencies with significant changes 

in enrollment of military and civilian school-aged dependent children due to base closures, force structure changes, or force relocations. 

The Senate bill contained a similar provision (sec. 561) that would authorize $30.0 million and $10.0 million for each assistance 

program, respectively. 

The agreement includes the Senate provision with an amend- ment that would authorize $35.0 million and $15.0 million for each 

program, respectively. 

Impact aid for children with severe disabilities (sec. 552) 

The Senate bill contained a provision (sec. 562) that would au- thorize $5.0 million for impact aid payments for children with disabilities for continuation of the Department of Defense’s assistance 

to local educational agencies that benefit dependents with severe 

disabilities. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Transition of military dependent students among local educational 

agencies (sec. 553) 

The Senate bill contained a provision (sec. 563) that would require the Secretary of Defense to work with the Secretary of Education in any efforts to ease the transition of military dependent 

students between Department of Defense schools, schools of local 

educational agencies, and other schools. The provision would authorize the Secretary of Defense to use funds of the Department of 

Defense Education Activity for this purpose. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would make the authority temporary, expiring on September 30, 2013. The amendment would also allow distance learning and training programs for military students and teachers. 

Calculation of payments for eligible federally connected children 

under Department of Education’s impact aid program (sec. 554) 

The House bill contained a provision (sec. 572) that would amend 

section 8003(c)(2) of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7703(c)) to allow calculation of impact aid payments for certain local educational agencies to be based on student 

population data from the current school year rather than the previous school year’s population. 

The Senate bill contained no similar provision. 


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The agreement included the House provision with an amendment 

that would amend the Elementary and Secondary Education Act of 

1965 to change the requisite number of federally connected children that attend area schools daily in order for a school district to 

receive impact aid from 6,500 to 5,000 students in fiscal year 2009. 

Subtitle G—Military Justice 

Effective period of military protective orders (sec. 561) 

The House bill contained a provision (sec. 552) that would amend 

chapter 80 of title 10, United States Code, to extend a standing 

military protective order by a military commander until the allegation prompting the protective order is resolved by investigation, 

courts martial, or other command determined adjudication, or the 

military commander issues a new order. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would provide that a military protective order issued by a 

military commander shall remain in effect until the military commander terminates the order or issues a new order. 

Mandatory notification of issuance of military protective order to civilian law enforcement (sec. 562) 

The House bill contained a provision (sec. 553) that would amend 

chapter 80 of title 10, United States Code, to require the commander of a military installation to notify appropriate civilian authorities in the event a military protective order is issued against 

a member of the armed forces when any individual involved in the 

order does not reside on a military installation. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Implementation of information database on sexual assault incidents 

in the armed forces (sec. 563) 

The House bill contained a provision (sec. 554) that would require the Secretary of Defense to implement a centralized, caselevel database for the collection and maintenance of information regarding sexual assaults involving members of the armed forces. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to submit a report to 

the Committees on Armed Services of the Senate and the House of 

Representatives on the status of the Defense Incident-Based Reporting System and an explanation of how this system will relate 

to the sexual assault database. 

Subtitle H—Decorations, Awards, and Honorary Promotions 

Replacement of military decorations (sec. 571) 

The House bill contained a provision (sec. 561) that would amend 

chapter 57 of title 10, United States Code, to require the secretary 

concerned to replace, on a one-time basis and without charge, a 


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military decoration upon the request of the recipient of the military 

decoration or the next of kin of a deceased recipient. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Authorization and request for award of Medal of Honor to Richard 

L. Etchberger for acts of valor during the Vietnam War (sec. 

572) 

The House bill contained a provision (sec. 562) that would authorize the President to award the Medal of Honor to Richard L. 

Etchberger, who served in the United States Air Force during the 

Vietnam War. This section would also waive the statutory time 

limitation under section 8744 of title 10, United States Code. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 

Subtitle I—Military Families 

Presentation of burial flag to the surviving spouse and children of 

deceased members of the armed forces (sec. 581) 

The House bill contained a provision (sec. 581) that would amend 

section 1482 of title 10, United States Code, to authorize the presentation of a burial flag to the surviving spouse of a deceased service member when the surviving spouse is not otherwise entitled to 

a flag as the person designated to direct the disposition of the remains. 

The Senate bill contained a similar provision (sec. 641) that 

would also authorize the presentation of a burial flag to each child 

of a deceased service member. 

The agreement includes the House provision with an amendment 

that would authorize the presentation of a burial flag to each child 

of a deceased service member. 

Education and training opportunities for military spouses (sec. 582) 

The House bill contained a provision (sec. 582) that would authorize the Secretary of Defense to establish programs to assist the 

spouse of a service member serving on active duty in receiving education and training required for a degree, credential, or professional licensure in order to expand employment and career opportunities for spouses. The provision would also authorize tuition assistance to pursue such education and training. 

The Senate bill contained a provision (sec. 571) that would authorize the Secretary to establish programs to provide or make 

available to spouses of service members on active duty education, 

training, and financial assistance to facilitate the pursuit of a portable career. 

The agreement includes the House provision with an amendment 

that would clarify that these programs may be used to enable a 

spouse to pursue a portable career, and would clarify the definition 

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Sense of the Congress regarding honor guard details for funerals of 

veterans (sec. 583) 

The House bill contained a provision (sec. 583) that would express the sense of Congress that the secretaries of the military departments should, to the maximum extent practicable, provide 

honor guard details for the funerals of veterans. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Subtitle J—Other Matters 

Prohibition on interference in independent legal advice by the Legal 

Counsel to the Chairman of the Joint Chiefs of Staff (sec. 591) 

The Senate bill contained a provision (sec. 586) that would 

amend section 156(d) of title 10, United States Code, to prohibit 

any officer or employee of the Department of Defense from interfering with the ability of the legal counsel to the Chairman of the 

Joint Chiefs of Staff to give independent legal advice to the Chairman of the Joint Chiefs of Staff and to the Joint Chiefs of Staff. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Interest payments on certain claims arising from correction of military records (sec. 592) 

The House bill contained a provision (sec. 592) that would require the service secretaries to pay interest on claims arising from 

the correction of a military record that involves setting aside a conviction by court-martial. The provision would apply to any sentence 

of a court-martial set aside by a corrections board after October 1, 

2007. 

The Senate bill contained a provision (sec. 582) that would authorize the Secretary of Defense and the service secretaries to provide relief to a member or former member of the armed forces who, 

in the determination of the Secretary concerned, had suffered imprisonment pursuant to a court-martial conviction as a result of an 

injustice or error on the part of the Department of Defense or any 

of its employees acting in their official capacity. The relief provided 

would include the payment of monies, including interest, from 

funds available for emergency and extraordinary expenses under 

section 127 of title 10, United States Code. 

The agreement includes the House provision with an amendment 

that would specify that the interest paid be at a rate determined 

by the Secretary concerned, unless the Secretary concerned determines that the payment of interest is inappropriate under the circumstances. 

Extension of limitation on reductions of personnel of agencies responsible for review and correction of military records (sec. 593) 

The House bill contained a provision (sec. 593) that would amend 

section 1559(a) of title 10, United States Code, to change the termination date for the limitation on reductions of personnel of the 

service boards of correction of military records from October 1, 

2008, to December 31, 2010. 

The Senate bill contained no such provision. 


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The agreement includes the House provision. 

The boards for correction of military records perform a vital function in ensuring timely review and disposition of applications for 

relief under chapter 79 of title 10, United States Code. The Secretary of Defense is directed to submit a report to the Committees 

on Armed Services of the Senate and House of Representatives no 

later than July 1, 2009, regarding the operation of the services’ 

boards of correction. The report should discuss the compliance by 

each service with the statutory timeliness standards for disposition 

of applications before corrections boards since 2001 and an assessment whether the limitation on personnel reductions in section 

1559(a) continue to be necessary to ensure compliance with processing time requirements. 

Modification of matching fund requirements under National Guard 

Youth Challenge Program (sec. 594) 

The Senate bill contained a provision (sec. 537) that would 

amend section 509(d) of title 32, United States Code, to clarify that 

the limitation on assistance provided by the Department of Defense 

to a State National Guard Youth Challenge Program may not be 

construed as a limitation on the amount of assistance that may be 

provided by other sources, nor should contributions from other 

sources be included in calculating the Department’s share of the 

costs of operating State programs. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Military salute for the flag during the national anthem by members 

of the armed forces not in uniform and by veterans (sec. 595) 

The Senate bill contained a provision (sec. 1081) that would 

amend section 301 of title 36, United States Code, to authorize veterans and members of the armed forces not in uniform to render 

a military salute in the same manner as members of the armed 

forces in uniform during the playing of the national anthem. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Military Leadership Diversity Commission (sec. 596) 

The House bill contained a provision (sec. 595) that would establish the Senior Military Leadership Diversity Commission to study 

the diversity within the senior leadership of the armed forces. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would establish the Military Leadership Diversity Commission 

to conduct a comprehensive evaluation and assessment of policies 

that provide for opportunities for the promotion and advancement 

of minority members of the armed forces, including minority members who are senior officers. 

Demonstration project on service of retired nurse corps officers as 

faculty at civilian nursing schools (sec. 597) 

The House bill contained a provision (sec. 941) that would require the Secretary of Defense to establish a Department of Defense School of Nursing, and would authorize the Secretary to conVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00677 Fmt 6602 Sfmt 6602 E:\HR\OC\B707.XXX B707

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duct a demonstration project to enable retired military nurses to 

serve as faculty at civilian nursing schools. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would authorize the Secretary of Defense to conduct a demonstration project to encourage retired military nurses to serve as 

faculty at civilian nursing schools. 

Report on planning for participation and hosting of the Department 

of Defense in international sports activities, competitions, and 

events (sec. 598) 

The Senate bill contained a provision (sec. 584) that would 

amend section 717 of title 10, United States Code, to include the 

Military World Games as an international sports competition in 

which members of the armed forces may be authorized to participate. The provision would increase the maximum amounts from 

$3.0 million to $6.0 million that the Secretary of Defense may apportion among the military departments, and from $100,000 to 

$200,000 for the Coast Guard and Department of Homeland Security, that may be spent during each successive 4 year period beginning on October 1, 2008, for participation in certain international 

sports competitions. The provision would also require the Secretary 

to submit to the Committees on Armed Services of the Senate and 

the House of Representatives not later than October 1, 2009, a report setting forth a comprehensive plan for participation in and 

planning for hosting of international sports activities, competitions, 

and events. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would require the report only. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Extension of authority to reduce minimum length of active service 

required for voluntary retirement as an officer 

The House bill contained a provision (sec. 503) that would extend 

the period during which the Secretary of Defense may authorize 

the secretaries of the military departments to lower the years of active service as a commissioned officer required for retirement as an 

officer from a minimum of 10 years to a minimum of 8 years. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Compensation for civilian President of Naval Postgraduate School 

The House bill contained a provision (sec. 543) that would authorize the Secretary of the Navy to compensate the civilian President of the Naval Post Graduate School as the Secretary prescribes, except that basic pay could not exceed the rate of compensation authorized for Level I of the Executive Schedule. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 


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Advancement of Brigadier General Charles E. Yeager, United States 

Air Force (Retired), on the retired list 

The House bill contained a provision (sec. 563) that would entitle 

Brigadier General Yeager to hold the rank of major general on the 

retired list of the Air Force. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Brigadier General Yeager is an extraordinary American hero. 

During World War II he distinguished himself in aerial combat 

over France and Germany by shooting down 13 enemy aircraft including five on one mission. As an Air force test pilot he played a 

pivotal role in the advancement of aviation. Brigadier General 

Yeager made history on October 14, 1947, when he became the first 

man to fly faster than the speed of sound and on December 12, 

1953, he also became the first man to fly faster than twice the 

speed of sound. During the Vietnam War he flew 127 missions over 

South Vietnam as the Commander of the 405th Fighter Wing. He 

is one of only four individuals to have received the Special Medal 

of Honor, the non-combat equivalent of the Medal of Honor. 

For these and many other achievements in a remarkable life of 

leadership, commitment, and achievement in service to the Air 

Force and the United States, we urge the President to reconsider 

Brigadier General Yeager’s advancement on the retired list and immediately nominate him for promotion to the grade of Major General. 

Advancement of Rear Admiral Wayne E. Meyer, United States Navy 

(Retired), on the retired list 

The House bill contained a provision (sec. 564) that would authorize and request the President to appoint, by and with the advice and consent of the Senate, Rear Admiral Wayne E. Meyer to 

the grade of vice admiral on the retired list of the Navy. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

The Department of Defense is encouraged to review the military 

records of Rear Admiral Meyer and to consider whether he should 

be appointed to the grade of vice admiral on the retired list of the 

Navy. If the Department concludes that he should be so appointed, 

the Administration should request legislation authorizing the appointment, with the advice and consent of the Senate. 

Award of Vietnam Service Medal to veterans who participated in 

Mayaguez rescue operation 

The House bill contained a provision (sec. 565) that would authorize the secretary of a military department to award the Vietnam Service Medal to eligible veterans in lieu of any Armed Forces 

Expeditionary Medal awarded for participation in the Mayaguez 

rescue operation of May 12 through May 15, 1975. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Retroactive award of Army Combat Action Badge 

The House bill contained a provision (sec. 566) that would authorize the Secretary of the Army to award the Army Combat AcVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00679 Fmt 6602 Sfmt 6602 E:\HR\OC\B707.XXX B707

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tion Badge to individuals who, while a member of the Army, participated in combat between December 7, 1941, and September 18, 

2001. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Inclusion of Reserves in providing federal aid for State governments, enforcing federal authority, and responding to major 

public emergencies 

The House bill contained a provision (sec. 591) that would amend 

sections 331, 332, and 333 of title 10, United States Code, to clarify 

that the President’s authority to use the armed forces, including 

units and members of the Army Reserve, Navy Reserve, Air Force 

Reserve, Marine Corps Reserve, and Coast Guard Reserve, for the 

purposes delineated in those sections. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

This provision was requested by the Department of Defense to 

give the President the maximum flexibility in employing the armed 

forces, including the unique capabilities in the Army, Navy, Marine 

Corps, and Coast Guard Reserves when necessary to respond to 

major disasters or emergencies. Many State governors have expressed concern about unity of effort of State and Federal forces in 

delivering emergency services to citizens of their States and are 

concerned that they lack sufficient authority to direct the efforts of 

Federal forces, including personnel and units of the armed forces. 

We agree that this proposal has significant merit. The Department of Defense should engage with the community of governors 

to work out an understanding of unity of effort during domestic terrorist events and public emergencies. This key underlying issue 

must be addressed to allow this and other promising proposals to 

be enacted. 

Authority to order Reserve units to active duty to provide assistance 

in response to a major disaster or emergency 

The House bill contained a provision (sec. 594) that would amend 

section 12304(b) of title 10, United States Code, to provide that 

when the President determines that it is necessary to assist in responding to a major disaster or emergency as defined in the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5122), the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when not operating 

as a service for the Navy, may be authorized to order any unit or 

member of the Army Reserve, Air Force Reserve, Navy Reserve, 

Marine Corps Reserve, or Coast Guard Reserve to active duty for 

not more than 365 days. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

This provision was requested by the Department of Defense to 

give the President the maximum flexibility in employing the armed 

forces, including the unique capabilities in the Army, Navy, Marine 

Corps, and Coast Guard Reserves when necessary to respond to 

major disasters or emergencies. Many State governors have expressed concern about unity of effort of State and Federal forces in 


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delivering emergency services to citizens of their States and are 

concerned that they lack sufficient authority to direct the efforts of 

Federal forces, including personnel and units of the armed forces. 

We agree that this proposal has significant merit. The Department of Defense should engage with the community of governors 

to work out an understanding of unity of effort during domestic terrorist events and public emergencies. This key underlying issue 

must be addressed to allow this and other promising proposals to 

be enacted. 

Limitation on simultaneous deployment to combat zones of dualmilitary couples who have minor dependents 

The House bill contained a provision (sec. 596) that would authorize a member of the armed forces with minor dependents to request a deferment of deployment to an area for which imminent 

danger pay is authorized if the member has a spouse who is a 

member of the armed forces deployed to such an area. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Additional funds to carry out funeral honor functions at funerals 

for veterans 

The House bill contained a provision (sec. 597) that would provide an additional $3.0 million for compliance with the funeral honors requirements of section 1491 of title 10, United States Code. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Protection of child custody arrangements for parents who are members of the armed forces deployed in support of a contingency 

operation 

The House bill contained a provision (sec. 4510) that would 

amend Title II of the Servicemembers’ Civil Relief Act (50 U.S.C. 

App. 521 et seq.) (SCRA) to provide that a court may not modify 

or amend any previous judgment or order, or issue a new order, 

that would change the custody arrangements for a child of a 

servicemember deployed in support of a contingency operation unless there is clear and convincing evidence that it is in the best interest of the child. The provision would also provide that a court 

may not consider the absence of a service member by reason of deployment, or possibility of deployment, in determining the best interest of the child. 

The Senate bill contained no similar provision. 

The agreement does not include this provision. 

It is the sense of Congress that, when addressing the best interests of minor children in child custody cases, judges should, whenever possible, allow service members to return from deployment before issuing a permanent order regarding child custody arrangements. 


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TITLE VI—COMPENSATION AND OTHER 

PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Fiscal year 2009 increase in military basic pay (sec. 601) 

The House bill contained a provision (sec. 601) that would authorize a pay raise for the members of the uniformed services of 3.9 

percent effective on January 1, 2009. This across-the-board pay 

raise is 0.5 percent above the budget request. 

The Senate bill contained an identical provision (sec. 601). 

The agreement includes this provision. 

Permanent extension of prohibition on charges for meals received at 

military treatment facilities by members receiving continuous 

care (sec. 602) 

The House bill contained a provision (sec. 602) that would amend 

section 402 of title 37, United States Code, to make permanent the 

prohibition on charges for meals received at military treatment facilities by certain service members receiving continuous care. 

The Senate bill contained a similar provision (sec. 616). 

The agreement includes the Senate provision. 

Increase in maximum authorized payment or reimbursement 

amount for temporary lodging expenses (sec. 603) 

The House bill contained a provision (sec. 604) that would increase the maximum authorized payment or reimbursement rate 

for temporary lodging expenses from $180 per day to $290 per day. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 

Availability of second family separation allowance for married couples with dependents (sec. 604) 

The House bill contained a provision (sec. 605) that would require the service secretaries to pay one member of a married couple, both of whom are members of the uniformed services who are 

residing together with dependents prior to a qualifying deployment, 

a full family separation allowance under section 427 of title 37, 

United States Code, and to pay the other member one-half of such 

allowance. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the service secretaries to pay each member of 

a married couple who qualify under this provision a full family separation allowance under section 427 of title 37, United States Code. 

Extension of authority for income replacement payments for reserve 

component members experiencing extended and frequent mobilization for active duty service (sec. 605) 

The House bill contained a provision (sec. 607) that would extend 

for 1 year the authority to pay income replacement for reserve component members experiencing extended and frequent mobilization 

for active duty service. 


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The Senate bill contained a provision (sec. 614) that included an 

identical extension. 

The agreement includes the House provision. 

Subtitle B—Bonuses and Special and Incentive Pays 

Extension of certain bonus and special pay authorities for reserve 

forces (sec. 611) 

The House bill contained a provision (sec. 611) that would extend 

for 1 year the authority to pay the Selected Reserve reenlistment 

bonus; the Selected Reserve affiliation or enlistment bonus; special 

pay for enlisted members assigned to certain high priority units; 

the ready reserve enlistment bonus for persons without prior service; the ready reserve enlistment and reenlistment bonus for persons with prior service; and the Selected Reserve enlistment bonus 

for persons with prior service. 

The Senate bill contained an identical provision (sec. 611). 

The agreement includes this provision. 

Extension of certain bonus and special pay authorities for health 

care professionals (sec. 612) 

The House bill contained a provision (sec. 612) that would extend 

until December 31, 2009, the authority to pay the nurse officer candidate accession bonus; the repayment of education loans for certain health professionals who serve in the Selected Reserve; the accession bonus for registered nurses; incentive special pay for nurse 

anesthetists; special pay for Selected Reserve health professionals 

in critically short wartime specialties; the accession bonus for dental officers; the accession bonus for pharmacy officers; the accession 

bonus for medical officers in critically short wartime specialties; 

and the accession bonus for dental specialist officers in critically 

short wartime specialties. 

The Senate bill contained a similar provision (sec. 612). 

The agreement includes the House provision. 

Extension of special pay and bonus authorities for nuclear officers 

(sec. 613) 

The House bill contained a provision (sec. 613) that would extend 

for 1 year the authority to pay the special pay for nuclear-qualified 

officers extending their period of active duty; the nuclear career accession bonus; and the nuclear career annual incentive bonus. 

The Senate bill contained an identical provision (sec. 613). 

The agreement includes this provision. 

Extension of authorities relating to payment of other title 37 bonuses 

and special pays (sec. 614) 

The House bill contained a provision (sec. 614) that would extend 

for 1 year the authority to pay the aviation officer retention bonus; 

assignment incentive pay; the reenlistment bonus for active members; the enlistment bonus; the accession bonus for new officers in 

critical skills; the incentive bonus for conversion to military occupational specialty to ease personnel shortage; the accession bonus for 

officer candidates; and the retention bonus for members with critical military skills or assigned to high priority units. 


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The Senate bill contained a provision (sec. 614) that would extend for 1 year the authority to pay the foregoing bonuses and special pays and income replacement for reserve members experiencing extended and frequent mobilizations. 

The agreement includes the House provision. 

Extension of authorities relating to payment of referral bonuses (sec. 

615) 

The House bill contained a provision (sec. 615) that would extend 

for 1 year the authority to pay the health professions referral 

bonus and the Army referral bonus under sections 1030 and 3252 

of title 10, United States Code, respectively. 

The Senate bill contained a similar provision (sec. 615). 

The agreement includes the House provision. 

Increase in maximum bonus and stipend amounts authorized under 

nurse officer candidate accession program and Health Professions Stipend Program (sec. 616) 

The House bill contained a provision (sec. 616) that would increase the bonus that may be paid to nurse officer candidates 

under section 2130a of title 10, United States Code, from $10,000 

to $20,000, and the monthly stipend that may be paid to such candidates from $1,000 to $1,250. The provision would also increase 

the maximum initial installment of the bonus from $5,000 to 

$10,000. 

The Senate bill contained a provision (sec. 553) that would 

equate the authority for the stipend paid to baccalaureate students 

in nursing or other health professions under the Health Professions 

Stipend Program for health care professionals in reserve components with the amount of the stipend paid to participants in the 

Armed Forces Health Professions Scholarship Program under section 2121(d) of title 10, United States Code. 

The agreement includes the House provision with an amendment 

that includes the provisions of section 553 of the Senate bill, and 

equates the maximum monthly stipend that may be paid to nurse 

officer candidates to the stipend paid under section 2121(d) of title 

10, United States Code. 

Maximum length of nuclear officer incentive pay agreements for 

service (sec. 617) 

The House bill contained a provision (sec. 617) that would amend 

section 312 of title 37, United States Code, to require only that a 

qualifying agreement to remain on active duty be for a period of 

not less than 3 years with the objective of providing more flexibility 

in administering the nuclear officer continuation pay. 

The Senate bill contained a similar provision (sec. 618). 

The agreement includes the House provision. 

Technical changes regarding consolidation of special pay, incentive 

pay, and bonus authorities of the uniformed services (sec. 618) 

The House bill contained a provision (sec. 618) that would make 

technical changes to facilitate the utility of provisions included in 

the initiative to reform special and incentive pays adopted in the 


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National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181). 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 

Use of new skill incentive pay and proficiency bonus authorities to 

encourage training in critical foreign languages and foreign 

cultural studies and authorization of incentive pay for members 

of precommissioning programs pursuing foreign language proficiency (sec. 619) 

The House bill contained a provision (sec. 619) that would amend 

section 353 of title 37, United States Code, to authorize a skill proficiency bonus of up to $12,000 annually to a member enrolled in 

an officer training program and certain Senior Reserve Officers’ 

Training Corps program participants who agree to participate in 

educational programs aimed at acquiring proficiency in critical foreign languages or expertise in critical foreign cultural studies. The 

provision would also require the Secretary of Defense to conduct a 

pilot program through December 31, 2013, that would pay a skill 

proficiency bonus to members of reserve components who similarly 

participate in designated foreign language or cultural studies programs. 

The Senate bill contained a similar provision (sec. 619) that 

would create a new section 316a of title 37, United States Code, to 

authorize the Secretary of Defense to pay incentive pay of up to 

$3,000 per year to an individual pursuing foreign language proficiency while enrolled in the Senior Reserve Officers’ Training 

Corps or the Marine Corps Platoon Leaders Class. 

The agreement includes the House provision with an amendment 

that would authorize the Secretary of Defense to pay incentive pay 

to an individual pursuing foreign language proficiency in a critical 

foreign language while enrolled in the Senior Reserve Officers’ 

Training Corps or the Marine Corps Platoon Leaders Class. 

Accession and retention bonuses for the recruitment and retention of 

officers in certain health professions (sec. 620) 

The House bill contained a provision (sec. 620) that would designate qualified psychologists, registered nurses, and other mental 

health professionals as determined by the service secretaries, as 

critically short wartime specialties. 

The Senate bill contained a provision (sec. 617) that would add 

a new section 301f to title 37, United States Code, to authorize a 

multiyear retention bonus for uniformed psychologists in the maximum amount of $25,000 per year for up to 4 years. The provision 

would also add a new section 302m to title 37, United States Code, 

to authorize an accession bonus for uniformed psychologists of up 

to $400,000 for an active-duty commitment of at least 4 years. 

The agreement includes the House provision with an amendment 

that would add the multiyear retention bonus and accession bonus 

for uniformed psychologists. 


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Subtitle C—Travel and Transportation Allowances 

Special weight allowance for transportation of professional books 

and equipment for spouses (sec. 621) 

The House bill contained a provision (sec. 632) that would authorize an additional weight allowance of 200 pounds for shipping 

materials associated with the employment or community support 

activities of the service member’s spouse. 

The Senate bill contained a provision (sec. 632) that would authorize the service secretaries to permit an additional weight allowance of up to 500 pounds for professional books and equipment belonging to spouses of service members changing their permanent 

duty station. The provision would take effect October 1, 2009. 

The agreement includes the Senate provision with an amendment that would make the provision effective upon date of enactment of the Act. 

Shipment of family pets during evacuation of personnel (sec. 622) 

The House bill contained a provision (sec. 633) that would authorize transportation, including payment of shipping and quarantine costs, of two household pets in cases of evacuation from a 

permanent station located in a foreign area. 

The Senate bill contained a similar provision (sec. 631). 

The agreement includes the Senate provision with an amendment that would subject the allowances for transportation of family 

pets to regulations prescribed by the Secretary of Defense that may 

specify limitations on the types, size, and number of pets for which 

transportation may be provided or reimbursement paid. 

Subtitle D—Retired Pay and Survivor Benefits 

Extension to survivors of certain members who die on active duty 

of special survivor indemnity allowance for persons affected by 

required Survivor Benefit Plan annuity offset for Dependency 

and Indemnity Compensation (sec. 631) 

The House bill contained a provision (sec. 643) that would extend 

the special survivor indemnity allowance enacted in section 644 of 

the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) to survivors of certain service members who die 

on active duty. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Correction of unintended reduction in Survivor Benefit Plan annuities due to phased elimination of two-tier annuity computation 

and supplemental annuity (sec. 632) 

The House bill contained a provision (sec. 646) that would require the Secretary of Defense to determine if the phased elimination of the two-tier annuity computation system, formerly a part 

of the Survivor Benefit Plan, and related supplemental survivor annuities, resulted in some Survivor Benefit Plan annuitants receiving a smaller annuity than they would have received if the two-tier 

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tions as necessary to adjust the annuity amounts to eliminate the 

reduction. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Subtitle E—Commissary and Nonappropriated Fund 

Instrumentality Benefits and Operations 

Use of commissary stores surcharges derived from temporary commissary initiatives for reserve components and retired members 

(sec. 641) 

The House bill contained a provision (sec. 651) that would authorize the Secretary of Defense to use the proceeds derived from 

surcharges imposed in connection with sales of commissary merchandise to members of reserve components, retired members, and 

others eligible for commissary benefits through use of temporary 

and mobile equipment to offset the cost of such initiatives. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Enhanced enforcement of prohibition on sale or rental of sexually 

explicit material on military installations (sec. 642) 

The House bill contained a provision (sec. 654) that would require the Secretary of Defense to establish a Resale Activities Review Board to make recommendations to the Secretary regarding 

whether material sold or rented, or proposed for sale or rental, on 

military installations is barred from sale or rental due to its sexually explicit nature. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Subtitle F—Other Matters 

Continuation of entitlement to bonuses and similar benefits for 

members of the uniformed services who die, are separated or retired for disability, or meet other criteria (sec. 651) 

The House bill contained a provision (sec. 662) that would require the service secretaries to pay the unpaid portions of bonuses 

to, and prohibit the service secretaries from recouping unearned 

portions of paid bonuses from, service members or their estates in 

the case of members who die, other than as a result of their own 

misconduct, or who are retired or separated under chapter 61 of 

title 10, United States Code. The provision would also authorize 

the service secretaries to waive recoupment of unearned bonuses 

and to pay the unpaid amounts of contracted bonuses in any circumstance where failing to do so would be against equity and good 

conscience or contrary to the best interests of the United States. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would clarify that the prohibition against requiring repayment 

of the unearned portion of any bonus, and the requirement to pay 

out the remainder of any bonus not yet paid, applies to service 

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related as defined in section 1413a(e) of title 10, United States 

Code. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Equitable treatment of senior enlisted members in computation of 

basic allowance for housing 

The House bill contained a provision (sec. 603) that would amend 

section 403 of title 37, United States Code, to provide that the determination of what constitutes adequate housing for members in 

the pay grade of E–8 with dependents shall be equivalent to the 

standard in effect for members in the pay grade of E–9 with dependents. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Stabilization of pay and allowances for senior enlisted members and 

warrant officers appointed as officers and officers reappointed 

in a lower grade 

The House bill contained a provision (sec. 606) that would authorize a member of the armed forces who accepts an appointment 

or reappointment as an officer, without a break in service, to retain 

the pay and allowances to which the member was entitled in the 

previous grade if it is more than the pay and allowances to which 

the member is entitled in the grade to which he is appointed or reappointed. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Guaranteed pay increase for members of the armed forces of onehalf of one percentage point higher than employment cost index 

The House bill contained a provision (sec. 608) that would mandate that pay raises for all service members during fiscal years 

2010 through 2013 be one-half of 1 percent higher than the annual 

rise in the Employment Cost Index. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Increased weight allowance for transportation of baggage and 

household effects for certain enlisted members 

The House bill contained a provision (sec. 631) that would authorize an additional weight allowance for noncommissioned officers in the grades E–5 through E–9 for shipping household goods 

during permanent changes in station. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Travel and transportation allowances for members of the reserve 

components of the armed forces on leave for suspension of training 

The Senate bill contained a provision (sec. 633) that would add 

a new section 411k to title 37, United States Code, to authorize 

travel and transportation allowances for service members on active 

duty for more than 30 days to travel from a temporary duty station 


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to their permanent duty station and back again during times when 

training is suspended at the temporary duty station for a period of 

5 days or more. 

The House bill contained no similar provision. 

The agreement does not include the provision. 

We urge the services to be mindful of training suspensions and 

minimal staffing periods when devising training schedules for the 

reserve components. Suspension of training activities for mobilized 

Reserve and National Guard units must be carefully managed to 

avoid wasted time and unnecessary absence from home duty stations, particularly during the holiday season. 

Equity in computation of disability retired pay for reserve component members wounded in action 

The House bill contained a provision (sec. 641) that would change 

the method of calculating retired pay for reserve component members who have been awarded the Purple Heart by crediting the 

members with a year of active-duty service for each year the members received at least 50 reserve retirement points. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Effect of termination of subsequent marriage on payment of Survivor Benefit Plan annuity to surviving spouse or former spouse 

who previously transferred annuity to dependent children 

The House bill contained a provision (sec. 642) that would authorize surviving spouses or former spouses, who had previously 

transferred their Survivor Benefit Plan annuity to a child or children, to reclaim their eligibility for the annuity after the termination of a subsequent marriage if the child or children were no 

longer eligible for the annuity. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Repeal of requirement of reduction of SBP survivor annuities by Dependency and Indemnity Compensation 

The Senate bill contained a provision (sec. 642) that would eliminate the offset of Survivor Benefit Plan annuities by the amount 

of Dependency and Indemnity Compensation received from the Department of Veterans Affairs. 

The House bill contained no similar provision. 

The agreement does not include the provision. 

Election to receive retired pay for non-regular service upon retirement for service in an active reserve status performed after attaining eligibility for regular retirement 

The House bill contained a provision (sec. 644) that would allow 

officers with at least 20 years of active-duty service to retire and 

join the Selected Reserve and, after serving at least 2 years in the 

Selected Reserve, to receive retired pay in a higher grade if they 

are promoted after their active-duty retirement. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 


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Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement 

The House bill contained a provision (sec. 645) that would amend 

section 10145 of title 10, United States Code, to require recomputation of retired pay and adjustment of retired grade of non-regular 

retirees recalled to an active status in the Selected Reserve who 

complete not less than 2 years of service in that status. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Presumption of death for participants in Survivor Benefit Plan in 

missing status 

The House bill contained a provision (sec. 647) that would prohibit a determination of presumed death by the Secretary of State 

for retired service members who are Survivor Benefit Plan annuitants, and who have been kidnapped in Iraq or Afghanistan. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

While current law explicitly entitles an active-duty service member to continued pay and allowances upon a determination that the 

member is missing, retired pay is stopped when a retired service 

member is determined to be missing, regardless of whether the 

member is still in a direct employment relationship with the Federal Government. Under the Survivor Benefit Plan, commencement 

of payment of the survivor benefit annuity may begin upon such a 

determination. We are sensitive to the fact that the annuity is typically but a portion of full retired pay. The Department of Defense 

must balance the need to avoid erroneous payments to survivors 

with the need to protect the interests of survivors in situations 

where death cannot or should not be presumed. We urge the Department to study whether retired pay should be stopped in the 

case of retired service members who are still in a direct employment relationship with the Federal Government, and to recommend 

statutory changes to the Congress, as necessary. 

Eligibility for disability retired pay and separation pay of certain 

former cadets and midshipmen with prior enlisted service 

The House bill contained a provision (sec. 648) that would extend 

retroactively the eligibility for disability retired pay and separation 

pay to cadets and midshipmen with prior enlisted service whose 

physical disabilities were incurred after January 1, 2000. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Separation pay, transitional health care, and transitional commissary and exchange benefits for members of the armed forces 

separated under surviving son or daughter policy 

The Senate bill contained a provision (sec. 651) that would entitle service members who are separated under the Department of 

Defense surviving son or daughter policy to separation pay, transitional health care, and transitional commissary and exchange benefits. 

The House bill contained no similar provision. 


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The agreement does not include the provision. The benefits of 

this section were included in the Hubbard Act (Public Law 110– 

317) enacted August 29, 2008. 

Requirements for private operation of commissary store functions 

The House bill contained a provision (sec. 652) that would amend 

section 2485(a)(2) of title 10, United States Code, to extend the 

moratorium on studies to compare the cost effectiveness of commissary operations employing federal civilian employees and private sector employees from December 31, 2008, to December 31, 

2013. 

The Senate amendment contained no similar provision. 

The agreement does not include the House provision. 

Before initiating a cost comparison study of a commissary store 

under Office of Management and Budget Circular A–76, we recommend that the Secretary of Defense confirm that the government workforce in question has transitioned to the Defense Commissary Agency’s Workforce of the Future and ensure that the private sector competitor has demonstrated experience in grocery 

store operations. 

Additional exception to limitation on use of appropriated funds for 

Department of Defense golf courses 

The House bill contained a provision (sec. 653) that would amend 

section 2491a of title 10, United States Code, to authorize the use 

of appropriated funds to purchase and maintain golf carts designed 

to accommodate persons with disabilities and the use of such golf 

carts on military golf courses. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Use of appropriated funds to pay post allowance or overseas cost of 

living allowances to nonappropriated fund instrumentality employees serving overseas 

The House bill contained a provision (sec. 656) that would authorize the Secretary of Defense to pay post or cost of living allowances to nonappropriated fund instrumentality employees who are 

United States citizens and employed full-time at an overseas location utilizing appropriated funds. Appropriated funds may be used 

to pay such allowances only if they were due to a nonappropriated 

fund instrumentality employee or former employee since December 

1, 2001, but have not been previously paid. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

We are aware that there has been some confusion about the requirement for nonappropriated fund entities to pay post allowances 

at overseas locations when the employee is hired locally. We are 

also aware that the Department of Defense is reconsidering the 

current policy that requires post allowances to be paid to nonappropriated fund employees who are locally hired. Given the confusion over the specifics of the policy, we believe that nonappropriated fund entities should be protected from the burden of 

making additional unexpected retroactive and current payments 

until the Department’s reassessment of the policy is completed. We 


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strongly urge the Secretary of Defense to identify and allocate appropriated funding to pay post allowances to locally hired nonappropriated fund employees at overseas locations and ensure that 

no nonappropriated fund entity incurs additional cost resulting 

from confusion over the Department’s policy on these matters. 

Study regarding sale of alcoholic wine and beer in commissary 

stores in addition to exchange stores 

The House bill contained a provision (sec. 657) that would require the Secretary of Defense to conduct a study to evaluate the 

propriety, patron convenience, and financial utility of including alcoholic wine and beer for sale in, at, or by commissary stores, and 

to report the findings of this study to Congress. This provision 

would also authorize the Secretary to conduct a pilot program involving the sale of alcoholic wine and beer in commissary stores. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Bonus to encourage Army personnel and other persons to refer persons for enlistment in the Army 

The House bill contained a provision (sec. 661) that would authorize the Secretary of the Army to train, directly or through a 

contractor, members of the general public to refer recruit candidates for enlistment. The provision would also provide the Secretary greater flexibility on the timing of referral bonus payments 

and the use of a contractor to manage the payment of such bonuses. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Providing injured members of the armed forces information concerning benefits 

The House bill contained a provision (sec. 663) that would amend 

section 1651 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181) to add additional requirements to 

the handbook required by that section. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Postal benefits program for members of the armed forces serving in 

Iraq or Afghanistan 

The House bill contained a provision (sec. 664) that would require the Secretary of Defense, in consultation with the United 

States Postal Service, to provide a postal benefits program to service members serving in Iraq or Afghanistan, or who are hospitalized in a Department of Defense facility as a result of service in 

Iraq or Afghanistan. 

The Senate bill contained no similar provision. 

The agreement does not include this provision. 


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TITLE VII—HEALTH CARE AND WOUNDED 

WARRIOR PROVISIONS 

Subtitle A—Improvements to Health Benefits 

One-year extension of prohibition on increases in certain health care 

costs for members of the uniformed services (sec. 701) 

The House bill contained a provision (sec. 701) that would extend 

until September 30, 2009, the statutory prohibition on increases in 

any premium, deductible, and copayment under TRICARE; the 

maximum charge for inpatient care under TRICARE Standard; and 

the enrollment fee for TRICARE Prime. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program (sec. 702) 

The House bill contained a provision (sec. 702) that would limit 

the cost sharing requirements for drugs provided through the 

TRICARE retail pharmacy program to amounts not more than $3 

for generic drugs, $9 for formulary drugs, and $22 for non-formulary drugs during fiscal year 2009. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Chiropractic health care for members on active duty (sec. 703) 

The House bill contained a provision (sec. 704) that would require the Secretary of Defense to provide chiropractic services for 

members of the uniformed services who are entitled to care under 

section 1074(a) of title 10, United States Code. The provision would 

also authorize the Secretary to conduct demonstration projects to 

provide chiropractic services to deployed members of the uniformed 

services. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense, not later than September 30, 2009, to provide chiropractic services to active duty 

service members at 11 additional Military Treatment Facilities 

that do not currently provide chiropractic services, the selection of 

which would be decided by the Department of Defense. 

Calculation of monthly premiums for coverage under TRICARE Reserve Select after 2008 (sec. 704) 

The House bill contained a provision (sec. 705) that would require the Secretary of Defense to recalculate the monthly premium 

for TRICARE Standard coverage. The premium could not cost more 

than 28 percent of the total average monthly amount for coverage 

based on actual cost data for the preceding fiscal year. If the 

amount calculated based on actual cost data is more than the 

amount in effect for the month of March 2006, then the Secretary 

would be required to offer coverage at the March 2006 rate. 

The Senate bill contained a provision (sec. 701) that would require the Secretary of Defense to calculate calendar year 2009 

monthly premiums for TRICARE Standard coverage based on the 


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actual cost of coverage during calendar years 2006 and 2007. The 

provision would require the premiums for subsequent years to be 

calculated using the actual cost of providing benefits during the 

preceding calendar years. 

The agreement includes the Senate provision with an amendment that would stipulate that calendar year 2009 monthly premium calculations must be limited to no more than 28 percent of 

the total average monthly amount for that coverage, as determined 

by the cost of providing benefits during calendar years 2006 and 

2007, but may not exceed the amount in effect for the month of 

March 2007. For subsequent years, the premium calculation must 

be based on the actual cost of providing benefits during the preceding calendar years. 

Program for health care delivery at military installations projected 

to grow (sec. 705) 

The House bill contained a provision (sec. 706) that would require the Secretary of Defense to develop a plan to establish a program to build cooperative health care arrangements and agreements between military installations projected to grow and local 

and regional civilian health care systems. The provision would also 

require the Secretary to implement such a program at each installation participating in the pilot program conducted pursuant to section 721 of the Ronald W. Reagan National Defense Authorization 

Act for Fiscal Year 2005 (Public Law 108–375). The Secretary 

would be required to submit an annual report to the Committees 

on Armed Services of the Senate and House of Representatives describing the results of the program. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would authorize the Secretary to develop a plan, and that 

would delete the requirement that the program be implemented at 

each installation participating in the pilot program under section 

721 of Public Law 108–375. 

We are encouraged by the Department of Defense’s assessment 

of the pilot programs for health care delivery established by Public 

Law 108–375 in its July 2007 interim report on the status of these 

programs. At the two sites selected to test the program, Fort Drum, 

New York, and Yuma, Arizona, the Department found that ‘‘substantive partnerships, significant cooperative health care arrangements, and agreements’’ have been established between each installation and its local civilian medical community. We urge the 

Department of Defense to take the best practices learned from 

these respective programs and use them as a model for future initiatives established under this section. 

Guidelines for combined medical facilities of the Department of Defense and the Department of Veterans Affairs (sec. 706) 

The House bill contained a provision (sec. 707) that would require the Secretaries of Defense and Veterans Affairs to complete 

a written agreement including, at a minimum, plans for patient 

priority categories, budgeting, staffing, construction, and physical 

plant management before a facility could be designated a combined 


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federal medical facility of the Department of Defense and the Department of Veterans Affairs. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would add governance, training, contingency planning, quality 

assurance, and information technology to the list of minimum requirements for the written agreement. 

Subtitle B—Preventive Care 

Waiver of copayments for preventive services for certain TRICARE 

beneficiaries (sec. 711) 

The House bill contained a provision (sec. 711) that would require the Secretary of Defense to waive all TRICARE copayments 

for preventive services for all beneficiaries who would otherwise 

pay copayments, and to ensure that a beneficiary pays nothing for 

preventive services during a year even if the beneficiary has not 

paid the amount necessary to cover their annual deductible. The 

provision would also authorize the Secretary to refund the copayment amounts paid by certain Medicare-eligible beneficiaries for 

preventive services obtained during fiscal year 2009. Covered preventive services would include colorectal screening, breast screening, cervical screening, prostate screening, annual physical exams, 

and vaccinations. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would expand the list of covered preventive services to include 

any other services as determined by the Secretary of Defense. 

We believe that the Department of Defense should also consult 

with and consider the recommendations of the U.S. Preventive 

Services Task Force, as well as consider including screenings for 

other preventable health care conditions such as osteoporosis. 

Military health risk management demonstration project (sec. 712) 

The House bill contained a provision (sec. 712) that would require the Secretary of Defense to conduct a demonstration project 

evaluating the efficacy of providing monetary and non-monetary incentives to assist enrolled beneficiaries to improve and encourage 

healthy behaviors. The demonstration project must include a 

wellness assessment with physiological and biometric measures 

such as blood pressure, glucose level, lipids, and nicotine use. NonMedicare eligible retired TRICARE Prime beneficiaries and their 

dependents who reside in the demonstration project service area 

would be enrolled in the demonstration project. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would offer, rather than require, eligible beneficiaries to enroll 

in the demonstration project, and would add weight to the list of 

measures to be included in the wellness assessment. 

Smoking cessation program under TRICARE (sec. 713) 

The House bill contained a provision (sec. 713) that would require the Secretary of Defense to establish a smoking cessation program under TRICARE. The program would be made available to all 


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non-Medicare eligible beneficiaries covered under TRICARE. The 

program would include, at a minimum: pharmaceuticals used for 

smoking cessation through the mail-order pharmacy program at no 

cost to the beneficiary if appropriate; access to a 24 hour, 7 days 

a week toll-free quit line; and access to tobacco cessation materials. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would add counseling as a required program element, and provide for involvement of the military chain of command. 

We urge the Department of Defense to look at the work of other 

nationally recognized programs and consider implementing any appropriate best practices into its program. 

Preventive health allowance (sec. 714) 

The House bill contained a provision (sec. 714) that would require the Secretary of Defense to conduct a demonstration project 

to evaluate the efficacy of providing an annual preventive health 

services allowance to eligible service members, in order to increase 

the use of preventive health services by those service members and 

their dependents. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would add to the list of preventive health services weight and 

body mass screening. 

Additional authority for studies and demonstration projects relating 

to delivery of health and medical care (sec. 715) 

The Senate bill contained a provision (sec. 712) that would authorize the Secretary of Defense to conduct additional studies and 

demonstrations relating to the delivery of health and medical care, 

which may include: 

(1) projects to provide awards and incentives to TRICARE 

covered service members and beneficiaries who obtain certain 

health promotion and disease prevention health care services; 

(2) projects to provide awards and incentives to individual 

health care professionals to encourage improved quality and effectiveness of health care services; 

(3) projects to improve the medical and dental readiness of 

the reserve components; and 

(4) projects to improve the continuity of health care services 

for family members of mobilized members of the reserve components, including payment of a stipend for continuation of employer-provided health coverage. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would clarify that health promotion and disease prevention health care services received by members and covered beneficiaries are required to be obtained under the TRICARE program. 

The amendment would also clarify that personnel incentives available to individual health care professionals should be made available to civilian personnel as well as members of the armed forces. 


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Subtitle C—Wounded Warrior Matters 

Center of excellence in prevention, diagnosis, mitigation, treatment, 

and rehabilitation of hearing loss and auditory system injuries 

(sec. 721) 

The House bill contained a provision (sec. 721) that would require the Secretary of Defense to establish within the Department 

of Defense a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of hearing loss and auditory 

system injury. The Secretary would be required to collaborate with 

the Secretary of Veterans Affairs, institutions of higher education, 

and other appropriate public and private entities to carry out the 

work of the center. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

We note that tinnitus, characterized by ringing in the ears, can 

be a severely disabling condition that impacts military personnel, 

particularly those exposed to blasts. The genesis and nature of this 

condition requires further study, including whether it disproportionately affects military personnel, and its correlation to other 

combat related neurological conditions. 

Clarification to center of excellence relating to military eye injuries 

(sec. 722) 

The House bill contained a provision (sec. 722) that would remove the phrase ‘‘in combat’’ from section 1623(d) of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181) to match sections 1621 and 1623 of the same Act. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

We direct that not later than 30 days after the date of enactment 

of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of implementation of the Vision Center 

of Excellence. The report shall include, at a minimum, a description of the mission of the center, the resources and funds available 

for the center in fiscal years 2009 through 2013, and the planned 

programs and priorities of the center. 

Center of excellence in the mitigation, treatment, and rehabilitation 

of traumatic extremity injuries and amputations (sec. 723) 

The House bill contained a provision (sec. 724) that would require the Secretary of Defense and the Secretary of Veterans Affairs to establish a competitive, peer-reviewed research program to 

conduct peer-reviewed medical research designed to develop scientific information aimed at saving injured extremities, avoiding 

amputations, and preserving and restoring the function of injured 

extremities. The Secretary would also be required to submit a report on the plans for establishment, management, and operation of 

this research program. 

The Senate bill contained a similar provision (sec. 1066). 

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tremities, avoiding amputations, and preserving and restoring the 

function of injured extremities to the responsibilities of the center. 

Additional responsibilities for the Wounded Warrior Resource Center (sec. 724) 

The Senate bill contained a provision (sec. 1064) that would 

amend section 1616(a) of the Wounded Warrior Act (title XVI of the 

National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181)) to require the Secretary of Defense to provide referrals for legal assistance where appropriate to wounded warriors, 

their families, and primary caregivers. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

We note that the intent of this provision is not to create a new 

entitlement for legal assistance, but to provide a referral service to 

connect wounded service members and their families with their 

local judge advocate office or other appropriate entity. 

Sense of Congress on research on traumatic brain injury (sec. 725) 

The Senate bill contained a provision (sec. 1065) that would 

amend section 1621(c) of the National Defense Authorization Act 

for Fiscal Year 2008 (Public Law 110–181) to authorize the Secretary of Defense to conduct pilot programs to promote or assess 

the efficacy of treatment approaches for all forms of traumatic 

brain injury, to include mild traumatic brain injury. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment to express the sense of Congress that the requirement under 

section 1621(c)(7) to conduct basic science and translational research on traumatic brain injury includes pilot programs designed 

to test the efficacy of clinical approaches, including the use of pharmacological agents. The amendment would express support for continued joint research with the National Institutes of Health in this 

area. 

Extension of Senior Oversight Committee with respect to wounded 

warrior matters (sec. 726) 

The Senate bill contained a provision (sec. 1067) that would require the Secretary of Defense and the Secretary of Veterans Affairs to jointly take actions to continue the operations of the Senior 

Oversight Committee established to address concerns related to the 

treatment of wounded, ill, and injured members of the armed forces 

and veterans until September 30, 2011. 

The House bill contained no similar provision. 

The agreement contains the Senate provision with an amendment to require the Secretary of Defense and the Secretary of Veterans Affairs to continue the operations of the Senior Oversight 

Committee until December 31, 2009, and to report by August 31, 

2009, on the future operations of the Senior Oversight Committee. 


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Modification of utilization of veterans’ presumption of sound condition in establishing eligibility of members of the armed forces 

for retirement for disability (sec. 727) 

The Senate bill contained a provision (sec. 1061) that would 

amend sections 1201 and 1203 of title 10, United States Code, to 

adopt the same presumption of sound condition used by the Department of Veterans Affairs in accordance with section 1111 of 

title 38, United States Code, that a disability is incurred while on 

active duty if the disability was not noted at the time of a member’s entrance on active duty unless clear and unmistakable evidence demonstrates that the disability existed before the member’s 

entrance on active duty and was not aggravated by active military 

service. 

The House bill contained no similar provision. 

The agreement includes this provision. 

We believe that the Department of Defense and the Department 

of Veterans Affairs must make consistent determinations as to 

whether a disability existed before the member’s entrance or was 

aggravated by active military service. 

Subtitle D—Other Matters 

Report on providing the Extended Care Health Option program to 

dependents of military retirees (sec. 731) 

The House bill contained a provision (sec. 732) that would require the Secretary of Defense to submit a report on including autistic dependents of military retirees in the Extended Care Health 

Option (ECHO) program. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would expand the scope of the report to cover all dependents 

of retirees who participate in the ECHO program, and clarify that 

the report should discuss including such dependents for a limited 

transitional period following retirement. 

Increase in cap on extended benefits under Extended Health Care 

Option (ECHO) (sec. 732) 

The House bill contained a provision (sec. 733) that would ensure 

that autistic children of members of the armed forces enrolled in 

the Extended Health Care Option (ECHO) program would be eligible for a minimum of $5,000 per month of autistic therapy services. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would replace the monthly cap on services under the ECHO 

program with an annual cap of $36,000. 

We are concerned that the needs of military dependent children 

with autism are not being fully met due to the lack of availability 

of providers nationwide to provide therapeutic and other support 

services to children with autism. We expect the demonstration 

project initiated under TRICARE to go forward, incorporating to 

the maximum extent practicable, improvements identified by military family members. The demonstration project must complement 

other essential services to military dependent children with autism, 

including those authorized in section 587 of the National Defense 


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Authorization Act for Fiscal Year 2008 (Public Law 110–181). 

Those services include assignment of case managers, development 

of individualized services plans, and establishment of autism support centers. 

We direct the Secretary of Defense to report not later than 90 

days after the enactment of this Act, and semi-annually thereafter, 

on the status of implementation of the TRICARE demonstration 

project, including the numbers of autistic children served, the type 

and frequency of services provided, the number of available providers by region, and whether reimbursement levels are sufficient 

to retain qualified providers in the TRICARE networks. 

Not later than February 1, 2009, the Secretary shall report to the 

congressional defense committees on the feasibility of establishing 

one or more autism support centers, as authorized by Public Law 

110–181. The report shall describe the capabilities of such centers 

to serve military dependent children with autism of all services, 

the potential efficacy of such centers to meet the needs of military 

families with children with a diagnosis of autism, as well as the potential for training additional qualified providers of services to children with autism. We believe that each center should utilize medical, educational, and developmental therapies that have been successfully used to treat children with autism. 

Department of Defense task force on the prevention of suicides by 

members of the armed forces (sec. 733) 

The House bill contained a provision (sec. 735) that would require the Secretary of Defense to conduct a study to identify the 

mental health risks associated with the performance of military duties. 

The Senate bill contained a provision (sec. 581) that would require the Secretary of Defense to develop a comprehensive policy 

designed to prevent suicide by members of the armed forces. 

The agreement includes the Senate provision with an amendment that would require the Secretary of Defense to establish a 

task force to examine matters relating to prevention of suicide by 

members of the armed forces. 

Transitional health care for certain members of the armed forces 

who agree to serve in the Selected Reserve of the Ready Reserve 

(sec. 734) 

The House bill contained a provision (sec. 737) that would provide transitional health care benefits to members who separate 

from active duty and who agree to become a member of the Selected Reserve. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would delete the language related to funding, which is reflected in the tables. 

Enhancement of medical and dental readiness of members of the 

armed forces (sec. 735) 

The House bill contained a provision (sec. 362) that would authorize $22.3 million to be appropriated for first term dental readiVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00700 Fmt 6602 Sfmt 6602 E:\HR\OC\B707.XXX B707

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ness, and $8.5 million to be appropriated for demobilization dental 

treatment. 

The Senate bill contained a provision (sec. 711) that would require the secretary of each military department to provide to members of the Selected Reserve who are assigned to units scheduled 

for deployment within 75 days after mobilization annual medical 

screenings, a full physical examination for members who are over 

the age of 40 every 2 years, and annual dental screenings and dental care required to ensure that a member meets the dental standards required for deployment, all at no cost to the member. The 

provision would also authorize the secretaries concerned to provide 

the same services to other members of the Selected Reserve and to 

a member of the Individual Ready Reserve with a deployment responsibility, if those services are necessary to ensure medical and 

dental readiness. In addition, the provision would clarify that reserve components may use available operation and maintenance 

funds to achieve these goals. 

The Senate provision would also authorize the Secretary of Defense to waive, in whole or in part, during a time of national emergency, the requirement for members of the Selected Reserve enrolled in the TRICARE dental insurance program to pay copayments for restorative care necessary to meet dental readiness 

standards, in order to facilitate readiness of a unit or individual 

scheduled for deployment. Finally, the provision would require the 

Secretary of Defense to submit a report on the policies and procedures to ensure medical and dental readiness of service members. 

The agreement includes the Senate provision with an amendment that would clarify that waivers of charges determined necessary by the Secretary to ensure the readiness of a unit or individual for deployment should be subject to regulation and limited 

to dental services required for readiness. 

We remind the Department of Defense that readiness includes 

not only pre-deployment medical and dental work necessary to 

make the member deployable, but also post-deployment medical 

and dental care to bring the member back up to readiness standards after they return from a long absence, where such medical 

and dental care may not have been available. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Prohibition on conversion of military medical and dental positions 

to civilian medical and dental positions 

The House bill contained a provision (sec. 703) that would prohibit the military departments from converting any military medical or dental position to a civilian medical or dental position on or 

after October 1, 2008. This provision would also require that any 

military medical or dental position that has been converted to a civilian medical or dental position from October 1, 2004, through 

September 30, 2008, be restored to a military medical or dental position if the position is not filled by a civilian by September 30, 

2008. 

The Senate bill contained a provision (sec. 721) that would repeal 

subsection (a) of section 721 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181), which prohibits the 


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military departments from converting any military medical or dental position through September 30, 2012. The provision would also 

restore subsections (a) and (b) of section 742 of the John Warner 

National Defense Authorization Act for Fiscal Year 2007 (Public 

Law 109–364), which requires certification by the secretary of a 

military department that any planned conversion will not increase 

the cost or decrease the quality of care or access to military health 

care, and requires a review by the Comptroller General of these 

certifications. The provision would keep the requirement set forth 

in subsection (b) of section 721 of Public Law 110–181 requiring 

the military departments to restore any positions converted between October 1, 2004, and September 30, 2008, that have not yet 

been filled by a civilian back to military positions. 

The agreement does not include these provisions. 

Reserve component behavioral health care provider locator and appointment assistance demonstration project 

The House bill contained a provision (sec. 708) that would require the Secretary of Defense to 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, and to submit reports on this 

demonstration project. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Travel for anesthesia services for childbirth for dependents of members assigned to very remote locations outside the continental 

United States 

The Senate bill contained a provision (sec. 713) that would authorize the Secretary of Defense to pay travel expenses for a dependent of a service member assigned to a very remote location 

outside the continental United States who requires or elects anesthesia services for childbirth to a location in the United States. 

The House bill contained no similar provision. 

The agreement did not include the Senate provision. 

National Casualty Care Research Center 

The House bill contained a provision (sec. 723) that would require the Secretary of Defense to designate a National Casualty 

Care Research Center at the Army Medical Research and Materiel 

Command, for the purpose of establishing additional linkages between military and civilian casualty research. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Review of policies and processes related to the delivery of mail to 

wounded members of the armed forces 

The House bill contained a provision (sec. 725) that would require the Secretary of Defense to review the policies and processes 

related to the delivery of letters, packages, messages, and other 

communications that are intended as measures of support and are 

addressed generally to wounded and injured members of the armed 


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forces in military medical treatment facilities and other locations 

where members of the armed forces are treated and rehabilitated. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Post-deployment mental health screening demonstration project 

The House bill contained a provision (sec. 726) that would require the Secretary of Defense to conduct a demonstration project 

to assess the feasibility and efficacy of providing a face to face postdeployment mental health screening between a service member 

and a mental health provider. 

The Senate bill contained no similar provision. 

The agreement does not include this provision. 

Report on stipend for members of reserve components for health care 

for certain dependents 

The House bill contained a provision (sec. 731) that would require the Secretary of Defense to submit a report on the extent to 

which the Secretary has exercised the authority provided in section 

704 of the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181). 

The Senate bill contained no similar provision. 

The agreement does not include this provision. 

Report on implementation of recommendations contained in report 

on health effects of exposure to depleted uranium 

The House bill contained a provision (sec. 734) that would direct 

the Secretary of Defense to submit a report to Congress describing 

the measures underway to implement the report required by section 716 of the John Warner National Defense Authorization Act 

for Fiscal Year 2007 (Public Law 109–364). 

The Senate bill contained no similar provision. 

The agreement does not include the House provision. 

Implementation of recommendations of Department of Defense Mental Health Task Force 

The House bill contained a provision (sec. 736) that would require the Comptroller General of the United States to conduct a review of the implementation by the Department of Defense of the 

recommendations made by the Department of Defense Task Force 

on Mental Health. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Inclusion of service members in inpatient status in wounded warrior policies and protections 

The Senate bill contained a provision (sec. 1062) that would 

amend section 1602(7) of the Wounded Warrior Act (title XVI of the 

National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181)) to include inpatient service members in the definition of a ‘‘recovering service member’’ for purposes of policies and 

protections for wounded warriors. 

The House bill contained no similar provision. 

The agreement does not include this provision. 


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Clarification of certain information sharing between the Department 

of Defense and Department of Veterans Affairs for wounded 

warrior purposes 

The Senate bill contained a provision (sec. 1063) that would 

amend section 1614(b)(11) of the Wounded Warrior Act (title XVI 

of the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181)) to require the Secretary of Defense and the 

Secretary of Veterans Affairs to implement a process for transferring medical records of a recovering service member from the Department of Defense to the Department of Veterans Affairs when 

the transfer is authorized by regulations implementing the Health 

Insurance Portability and Accountability Act of 1996. 

The House bill contained no similar provision. 

The agreement does not include the provision. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION 

MANAGEMENT, AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Assessment of urgent operational needs fulfillment (sec. 801) 

The House bill contained a provision (sec. 802) that would require the Secretary of Defense to commission an independent study 

and report on the effectiveness of the processes used by the Department of Defense to identify, prioritize, and meet urgent operational 

needs. 

The Senate bill contained a provision (sec. 813) that would require the expedited review and validation of urgent operational 

needs documents. 

The agreement includes the House provision with an amendment 

that would require the independent study and report to make specific recommendations as to how to ensure the expedited review 

and validation of urgent operational needs documents. 

Implementation of statutory requirements regarding the national 

technology and industrial base (sec. 802) 

The House bill contained a provision (sec. 805) that would authorize the Secretary of Defense to provide for the application of a 

domestic industrial base evaluation factor during source selection 

for a major defense acquisition program. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

requiring the Secretary of Defense to issue guidance regarding the 

implementation of certain existing statutory requirements regarding the national technology and industrial base. We understand 

that the Department of Defense currently meets the requirement 

of section 2440, United States Code, by conducting industrial capabilities assessments. 

Commercial software reuse preference (sec. 803) 

The House bill contained a provision (sec. 806) that would require the Secretary of Defense to ensure that contracting officials 


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reuse commercial computer software, whenever practicable, instead 

of developing new software. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

requiring the Secretary to ensure that contracting officials reuse 

commercial or off-the-shelf software, whenever practicable, instead 

of developing new software. 

Internal controls for procurements on behalf of the Department of 

Defense by certain non-defense agencies (sec. 804) 

The Senate bill contained a provision (sec. 811) that would modify requirements adopted in previous years for the Inspector General of the Department of Defense (DOD) to conduct joint reviews 

with the inspectors general of non-defense agencies to determine 

whether procurements conducted by the non-defense agencies on 

behalf of DOD have been conducted in compliance with defense 

procurement requirements. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment streamlining the provision. 

Subtitle B—Provisions Relating to Major Defense Acquisition 

Programs 

Inclusion of major subprograms to major defense acquisition programs under acquisition reporting requirements (sec. 811) 

The Senate bill contained a provision (sec. 801) that would address the inclusion of certain information on major subprograms in 

reports issued in accordance with the requirements of chapter 144 

of title 10, United States Code. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a technical 

amendment. 

Inclusion of certain major information technology investments in acquisition oversight authorities for major automated information 

system programs (sec. 812) 

The Senate bill contained a provision (sec. 802) that would extend reporting requirements for major automated information system programs to cover certain other major automated information 

technology investments. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a clarifying 

amendment. 

Transfer of sections of title 10 relating to milestone A and milestone 

B for clarity (sec. 813) 

The House bill contained a provision (sec. 843) that would reverse sections of title 10 relating to milestone A and milestone B. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

making technical changes to the requirement for milestone A certifications. 


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Configuration Steering Boards for cost control under major defense 

acquisition programs (sec. 814) 

The House bill contained a provision (sec. 846) that would require the Secretary of Defense to report to Congress on certain 

major defense acquisition programs and to establish Configuration 

Steering Boards (CSBs) for such programs. 

The Senate bill contained a provision (sec. 803) that would require the Secretary to establish CSBs for all major defense acquisition programs. 

The agreement includes the Senate provision with an amendment modifying the membership of CSBs and adding a new restriction on certain changes to programs receiving Milestone B approval 

during fiscal year 2008. 

Preservation of tooling for major defense acquisition programs (sec. 

815) 

The House bill contained a provision (sec. 803) that would require the preservation of all unique tooling associated with the production of hardware for a major defense acquisition program. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would streamline the requirement and the waiver authority, 

to clarify that the Secretary of Defense may waive the requirement 

to preserve unique production tooling, or any category of unique 

production tooling, if he determines that such a waiver is in the 

best interest of the Department of Defense and so notifies Congress. We note that the Secretary may delegate this authority, as 

he may delegate any authority provided to him by statute. 

Subtitle C—Amendments to General Contracting Authorities, 

Procedures, and Limitations 

Definition of system for defense acquisition challenge program (sec. 

821) 

The House bill contained a provision (sec. 812) that would clarify 

the meaning of the term ‘‘system’’ for the purpose of the defense 

acquisition challenge program. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Technical data rights (sec. 822) 

The House bill contained a provision (sec. 814) that would require the Secretary of Defense to issue policy guidance on technical 

data rights in non-Federal Acquisition Regulation agreements. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

providing the Secretary greater flexibility in the drafting of the 

new guidance. 

Revision to the application of cost accounting standards (sec. 823) 

The House bill contained a provision (sec. 815) that would make 

the cost accounting standards apply to certain federal contracts 

performed outside the United States. 

The Senate bill contained no similar provision. 


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The agreement includes the House provision with an amendment 

requiring the Cost Accounting Standards Board to study the issue 

and determine whether the application of the standards to contracts or subcontracts outside the United States would benefit the 

Federal Government. 

Modification and extension of pilot program for transition to followon contracts under authority to carry out certain prototype 

projects (sec. 824) 

The Senate bill contained a provision (sec. 822) that would extend for 4 years the authority for the Secretary of Defense to carry 

out a pilot program under section 847 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136), and 

modify such authority. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment extending the authority for 2 years. We direct the Secretary 

of Defense to report to the congressional defense committees not 

later than 270 days after the date of the enactment of this Act on 

the extent to which such authority has been used and, if it has not 

been used, whether modifications are needed to achieve the purpose of the provision. 

Clarification of status of Government rights in designs of Department of Defense vessels, boats, craft, and components thereof 

(sec. 825) 

The House bill contained a provision (sec. 841) that would clarify 

government rights in the designs of Department of Defense vessels, 

boats, and craft, and components of such vessels, boats, and craft. 

The Senate bill contained a similar provision (sec. 1011). 

The agreement includes the Senate provision with an amendment to address designs of all Department of Defense vessels, 

boats, craft, and components, regardless whether they are developed at public or private expense. 

Subtitle D—Provisions Relating to Acquisition Workforce and 

Inherently Governmental Functions 

Development of guidance on personal services contracts (sec. 831) 

The House bill contained a provision (sec. 822) that would require the Secretary of Defense to develop guidance and safeguards 

for the use of personal services contracts by the Department of Defense. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

cross-referencing the definition of personal services contracts in 

section 2330(a) of title 10, United States Code. 

Sense of Congress on the performance by private security contractors 

of certain functions in an area of combat operations (sec. 832) 

The House bill contained a provision (sec. 824) that would require the Secretary of Defense to modify existing regulations to ensure that private security contractors are not authorized to perform 

inherently governmental functions in an area of combat operations. 


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The Senate bill contained a similar provision (sec. 841) that 

would also specify certain functions that constitute inherently governmental functions when performed in highly hazardous public 

areas. 

The agreement includes a provision that expresses the Sense of 

Congress with regard to the performance of certain functions by 

private security contractors in an area of combat operations. 

Acquisition workforce expedited hiring authority (sec. 833) 

The House bill contained a provision (sec. 811) that would authorize the Department of Defense to use direct hiring authority for 

acquisition positions designated by the Secretary of Defense as 

shortage positions. 

The Senate bill contained a similar provision (sec. 851). 

The agreement includes the House provision. 

Career path and other requirements for military personnel in the acquisition field (sec. 834) 

The House bill contained a provision (sec. 813) that would require the Department of Defense to establish policies and issue 

guidance to ensure the proper development, assignment, and employment of military personnel in the acquisition field. 

The Senate bill contained a provision (sec. 502(e)) that would establish minimum numbers of billets for general officers and flag officers serving in acquisition positions and in contracting positions 

in the military departments. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to ensure that a sufficient number of acquisition and contracting billets are reserved for 

general and flag officers with appropriate qualifications to ensure 

the optimum management of the acquisition functions of the Department of Defense. Elsewhere in the bill, we would increase the 

authorized number of Army general officers serving in acquisition 

positions by five, and authorize the Chairman of the Joint Chiefs 

of Staff to exclude from limitations on flag and general officers an 

additional five positions, one of whom must be assigned to the Defense Contract Management Agency. 

Subtitle E—Department of Defense Contractor Matters 

Ethics safeguards related to conflicts of interest (sec. 841) 

The House bill contained a provision (sec. 821) that would require the Department of Defense to develop a standard policy 

aimed at preventing personal conflicts of interest by employees of 

Department of Defense contractors and implement that policy 

through a standard contract clause. 

The House bill also contained a provision (sec. 4404) that would 

require the Administrator for Federal Procurement Policy to establish uniform, government-wide policies for the prevention of personal and organizational conflicts of interest by contractors and 

their employees and to implement those policies through a standard clause or a set of standard clauses. 

The Senate bill contained a similar provision (sec. 832) that 

would require the Department of Defense to develop a contract 


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clause addressing financial conflicts of interest of certain contractor 

employees. 

The agreement includes a provision that would combine the requirements of the three provisions into a single, government-wide 

provision. The provision would require the development of a government-wide policy and a standard clause or set of clauses regarding personal conflicts of interest by contractor employees performing acquisition functions closely associated with inherently 

governmental functions. The provision would also require the Administrator for Federal Procurement Policy to consider any additional revisions to the Federal Acquisition Regulation that may be 

necessary to address personal or organizational conflicts of interest 

by contractors or their employees. 

We note that the Department of Defense Panel on Contracting 

Integrity is also reviewing these issues and expect the Panel to continue that review. 

Information for Department of Defense contractor employees on their 

whistleblower rights (sec. 842) 

The Senate bill contained a provision (sec. 833) that would require the Secretary of Defense to prescribe in regulations a policy 

for informing Department of Defense (DOD) contractor employees 

of whistleblower rights and protections. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment requiring the Secretary to ensure that DOD contractor employees are informed of their whistleblower rights and protections. 

Requirement for Department of Defense to adopt an acquisition 

strategy for Defense Base Act insurance (sec. 843) 

The House bill contained a provision (sec. 850) that would require the Secretary of Defense to adopt an acquisition strategy for 

insurance required by the Defense Base Act (section 1651 of title 

42, United States Code) which minimizes the cost of such insurance 

to the Department and its contractors. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Report on use of off-shore subsidiaries by defense contractors (sec. 

844) 

The House bill contained a provision (sec. 852) that would prohibit contractors from using foreign shell companies to employ 

United States persons to perform Department of Defense contracts. 

The Senate bill contained a provision (sec. 823) that would ensure that an offeror for a Department of Defense contract cannot 

receive a competitive advantage by reducing costs through the use 

of overseas subsidiaries to avoid U.S. taxes. 

The agreement includes the House provision with an amendment 

requiring a report by the Comptroller General on the use of foreign 

shell companies by Department of Defense contractors. We note 

that the tax issue has already been addressed in section 302 of 

Public Law 110–245. 


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Defense industrial security (sec. 845) 

The House bill contained a series of provisions (sec. 831–833) 

that would codify certain requirements regarding facility clearances; foreign ownership, control and influence; and congressional 

oversight of these requirements. 

The Senate bill contained no similar provision. 

The agreement includes a provision that would make the Secretary of Defense responsible for the protection of classified information disclosed to contractors of the Department of Defense and 

require certain reports on the manner in which the Secretary carries out this responsibility. 

Subtitle F—Matters Relating to Iraq and Afghanistan 

Clarification and modification of authorities relating to the Commission on Wartime Contracting in Iraq and Afghanistan (sec. 

851) 

The Senate bill contained a provision (sec. 843) that would ensure that federal retirees serving as members or staff of the Commission on Wartime Contracting in Iraq and Afghanistan may be 

paid for their work without forfeiting retired pay. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Comprehensive audit of spare parts purchases and depot overhaul 

and maintenance of equipment for operations in Iraq and Afghanistan (sec. 852) 

The Senate bill contained a provision (sec. 844) that would require the audit agencies of the military departments to conduct 

thorough audits of spare parts purchases and depot overhaul and 

maintenance of equipment for operations in Iraq and Afghanistan. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would clarify that this provision may not be construed 

to require the duplication of audit work that has already been performed by Department of Defense audit agencies. 

Additional matters required to be reported by contractors performing security functions in areas of combat operations (sec. 

853) 

The House bill contained a provision (sec. 847) that would amend 

section 862 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181) to expand the categories of incidents that must be reported by private security contractors operating in areas of combat operations. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

reemphasizing the requirement for contractors of all federal agencies, pursuant to section 862 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181), to comply with regulations prescribed by the Secretary of Defense, other applicable 

laws and regulations, and orders and directives issued by commanders on the battlefield. 


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Additional contractor requirements and responsibilities relating to 

alleged crimes by or against contractor personnel in Iraq and 

Afghanistan (sec. 854) 

The House bill contained a provision (sec. 849) that would require the Secretary of Defense to require the reporting of crimes 

against contractor personnel in Iraq and Afghanistan and to ensure 

that the victims of such crimes receive appropriate assistance. 

The Senate bill contained a similar provision (sec. 842). The Senate provision would amend section 861 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) to ensure that reporting and victim assistance requirements would 

apply to contractors of all federal agencies. 

The agreement includes the Senate provision with an amendment combining the reporting and assistance requirements of the 

two provisions. 

Suspension of statutes of limitations when Congress authorizes the 

use of military force (sec. 855) 

The Senate bill contained a provision (sec. 1083) that would 

amend the wartime suspension of the statute of limitations in section 3287 of title 18, United States Code, to apply in cases where 

Congress has enacted a specific authorization for the use of the 

armed forces. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Subtitle G—Governmentwide Acquisition Improvements 

Short title (sec. 861) 

The House bill contained a provision (sec. 4001) that would provide a short title for Division D of the House bill. 

The Senate bill contained no similar provision. 

The agreement includes a provision that would provide a short 

title for the government-wide acquisition subtitle of Title VIII. 

Limitation on length of certain noncompetitive contracts (sec. 862) 

The House bill contained a provision (sec. 4102) that would limit 

the length of contracts entered on a noncompetitive basis because 

of urgent and compelling circumstances. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would limit such contracts to a period of no longer than one 

year and apply the limitation to contracts in excess of the simplified acquisition threshold. 

Requirements for purchase of property and services pursuant to 

multiple award contracts (sec. 863) 

The House bill contained a provision (sec. 4103) that would: (1) 

extend on a government-wide basis certain requirements already 

applicable to the Department of Defense for purchases under multiple award contracts; and (2) establish public notice requirements 

for sole source purchase under such contracts. 

The Senate bill contained no similar provision. 


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The agreement includes the House provision with a technical 

amendment. 

Regulations on the use of cost-reimbursement contracts (sec. 864) 

The House bill contained a provision (sec. 4201) that would require the issuance of government-wide regulations to minimize the 

inappropriate use of cost-reimbursement contracts. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would streamline reporting requirements and simplify the provision. 

Preventing the abuse of interagency contracts (sec. 865) 

The House bill contained a provision (sec. 4202) that would require the Office of Management and Budget to establish guidelines 

for the use of interagency acquisitions. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Limitations on tiering of subcontractors (sec. 866) 

The House bill contained a provision (sec. 4204) that would extend on a government-wide basis certain regulatory requirements 

already applicable to the Department of Defense with respect to excessive pass-through charges on contracts. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Linking of award and incentive fees to acquisition outcomes (sec. 

867) 

The House bill contained a provision (sec. 4205) that would extend on a government-wide basis certain requirements already applicable to the Department of Defense regarding the linking of 

award and incentive fees to acquisition outcomes. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

clarifying that the Department of Defense will continue to be subject to guidance on award and incentive fees issued pursuant to 

section 814 of the John Warner National Defense Authorization Act 

for Fiscal Year 2007 (Public Law 109–364). 

Minimizing abuse of commercial services item authority (sec. 868) 

The House bill contained a provision (sec. 4206) that would extend on a government-wide basis certain regulatory requirements 

already applicable to the Department of Defense with respect to: 

(1) the purchase of commercial services; and (2) the use of time and 

materials contracts. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

deleting the requirement with respect to time and materials contracts. 


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Acquisition workforce development strategic plan (sec. 869) 

The House bill contained a provision (sec. 4301) that would establish an acquisition workforce development fund for civilian 

agencies, similar to the fund already in place for the Department 

of Defense. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

requiring the Administrator for Federal Procurement Policy to develop a strategic plan for funding improvements to support the development of the civilian acquisition workforce. 

Contingency contracting corps (sec. 870) 

The House bill contained a provision (sec. 4302) that would establish a government-wide contingency contracting corps. 

The Senate bill contained a provision (sec. 812) that would establish a contingency contracting corps within the Department of Defense (DOD). 

The agreement includes the House provision with an amendment 

that would ensure that members of the Armed Forces or DOD civilian employees who are members of the government-wide contingency contracting corps may not be deployed without the concurrence of the Secretary of Defense or the Secretary’s designee. The 

provision would also preserve the independent authority of the Secretary of Defense to deploy members of the Armed Forces or DOD 

civilian employees, including members of the government-wide contingency contracting corps, in support of a contingency operation, 

as defined in section 101(o)(13) of title 10, United States Code. 

Access of Government Accountability Office to contractor employees 

(sec. 871) 

The House bill contained a provision (sec. 4403) that would ensure that the Government Accountability Office has access to contractor employees for the purpose of conducting interviews. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Database for federal agency contract and grant officers and suspension and debarment officials (sec. 872) 

The House bill contained a series of provisions (sec. 4502–4504) 

that would require the establishment of a government-wide database of information regarding integrity and performance of persons 

awarded federal contracts and grants. 

The Senate bill contained a provision (sec. 831), which would require the establishment of a database of information regarding the 

integrity and performance of persons awarded Department of Defense contracts. 

The agreement includes the Senate provision with an amendment that would require the establishment of a government-wide 

database and making certain clarifying changes. 


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Role of interagency committee on debarment and suspension (sec. 

873) 

The House bill contained a provision (sec. 4505) that would establish requirements for the Interagency Committee on Debarment 

and Suspension. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Improvements to the Federal Procurement Data System (sec. 874) 

The House bill contained a provision (sec. 4509) that would require the Director of the Office of Management and Budget to direct appropriate revisions to the Federal Procurement Data System 

to facilitate the collection of complete, timely, and reliable data on 

interagency contracting actions and on other transactions. 

The House bill also contained a provision (sec. 4508) that would 

require the Administrator of General Services to make recommendations to Congress on steps needed to create a centralized, 

comprehensive federal contracting and federal grant database. 

The Senate bill contained no similar provisions. 

The agreement includes the House provisions with an amendment that would combine them into a single section. 

Subtitle H—Other Matters 

Expansion of authority to retain fees from licensing of intellectual 

property (sec. 881) 

The House bill contained a provision (sec. 842) that would clarify 

the authority for the Department of Defense and the Department 

of Homeland Security to retain fees from licensing of intellectual 

property. 

The Senate bill contained a similar provision (sec. 852) applicable 

only to the Department of Defense. 

The agreement includes the House provision. 

Report on market research (sec. 882) 

The House bill contained a provision (sec. 845) that would require the Secretary of Defense to submit a report to Congress on 

market research conducted by the Department of Defense (DOD) to 

identify commercial or nondevelopmental items that could meet 

DOD needs. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

streamlining the reporting requirement. 

Report relating to munitions (sec. 883) 

The House bill contained a provision (sec. 848) that would require the Secretary of Defense to report to the congressional defense committees justifying any decision to procure certain categories of ammunition from non-domestic sources and providing a 

plan to develop a domestic producer as the source for such ammunition by 2012. 

The Senate bill contained no similar provision. 


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The agreement includes the House provision with an amendment 

deleting the requirement that the report include a plan to develop 

a domestic producer for the covered categories of ammunition. 

Motor carrier fuel surcharges (sec. 884) 

The House bill contained a provision (sec. 851) that would require that motor carriers: (1) pass on the amount of all fuel surcharges to the person who bears the cost of such fuel; and (2) make 

the amount of any fuel-related adjustment publicly available on the 

internet. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require that: (1) the Secretary of Defense take appropriate steps to ensure that, to the maximum extent practicable, 

fuel-related adjustments are passed through to the person who 

bears the cost of the fuel; (2) the steps taken by the Secretary include the use of contract clauses in contracts providing for fuel-related adjustments; and (3) the Secretary publicly disclose any decision by the Department of Defense to pay fuel-related adjustments 

under such contracts (or a category of such contracts). 

Procurement by State and local governments of equipment for homeland security and emergency response activities through the Department of Defense (sec. 885) 

The Senate bill contained a provision (sec. 1031) that would 

amend section 381 of title 10, United States Code, to authorize the 

State and local governments to purchase specialized homeland security and emergency response equipment through the Department 

of Defense. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Review of impact of covered subsidies on acquisition of KC–45 aircraft (sec. 886) 

The House bill contained a provision (sec. 801) that would require the Secretary of the Air Force to review a ruling by the World 

Trade Organization (WTO) regarding subsidies to a manufacturer 

of large commercial aircraft, including a notice and comment process, and take certain actions on the basis of such review. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to review the subsidies 

issue upon a ruling by the WTO, in consultation with certain other 

officials and experts without notice and public comment or the requirement to take any action on the basis of the review. 

Report on the implementation of earned value management at the 

Department of Defense (sec. 887) 

The House bill contained a provision (sec. 844) that would require the Secretary of Defense to study and report to Congress on 

the implementation of earned value management systems by the 

Department of Defense and its contractors. 

The Senate bill contained no similar provision. 


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The agreement includes the House provision with an amendment 

extending the deadline for the completion of the study and report. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Authorization of appropriations 

The House bill contained a provision (sec. 4507) that would authorize funds for the Administrator of General Services to establish 

a database of information regarding integrity and performance of 

federal contractors. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Authorization of independent agencies 

The House bill contained a provision (sec. 4506) that would address the participation of independent agencies in the suspension 

and debarment system. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Comprehensive proposal analysis required during source selection 

The House bill contained a provision (sec. 807) that would require the Secretary of Defense to provide for the consideration of 

costs borne by a foreign government in the evaluation of a proposal 

for a major defense acquisition program, a significant portion of 

which will be performed outside the United States. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Disclosure of CEO salaries 

The House bill contained a provision (sec. 4501) that would require certain contractors to disclose the names and total compensation of their five most highly compensated officers. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. This issue has already been addressed in section 6202 of the Fiscal Year 2008 Supplemental Appropriations Act (Public Law 110–252). 

Limitation on performance of product support integrator functions 

The House bill contained a provision (sec. 823) that would prohibit contractors from performing product support integrator functions. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Mandatory fraud reporting 

The House bill contained a provision (sec. 4402) that would require contractors to report violations of Federal criminal law or 

overpayments in connection with the award of performance of contracts. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. This issue has already been addressed in section 6102 of the Fiscal Year 2008 Supplemental Appropriations Act (Public Law 110–252). 


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Minimizing sole-source contracts 

The House bill contained a provision (sec. 4101) that would require federal agencies to develop and implement plans to minimize, 

to the maximum extent practicable, the use of contracts entered 

into using procedures other than competitive procedures. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Multiyear procurement authority for the Department of Defense for 

the purchase of alternative and synthetic fuels 

The Senate bill contained a provision (sec. 821) that would authorize the Secretary of Defense to enter multiyear contracts for 

the purchase of alternative and synthetic fuels. 

The House bill contained no similar provision. 

The agreement does not include the provision. 

Prohibition on procurement from beneficiaries of foreign subsidies 

The House bill contained a provision (sec. 804) that would prohibit the Secretary of Defense for entering a contract for the procurement of goods or services from any foreign person whom the 

United States has alleged, in proceedings under the Agreement on 

Subsidies and Countervailing Measures, to have received a prohibited subsidy. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Prohibitions on the use of lead systems integrators 

The House bill contained a provision (sec. 4203) that would prohibit the award of new contracts for lead systems integrator functions in the acquisition of major systems. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Protection of contractor employees from reprisal for disclosure of 

certain information 

The House bill contained a provision (sec. 4401) that would provide enhanced protections for contractor employees of non-defense 

agencies who blow the whistle on waste, fraud and abuse in government contracting. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Repeal of requirements relating to the military system essential item 

breakout list 

The Senate bill contained a provision (sec. 853) that would repeal 

section 813 of the National Defense Authorization Act for Fiscal 

Year 2004 (Public Law 108–136). 

The House bill contained no similar provision. 

The agreement does not include the provision. 


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Requirement to buy military decorations, ribbons, badges, medals, 

insignia, and other uniform accoutrements produced in the 

United States 

The House bill contained a provision (sec. 655) that would require military exchange stores and other nonappropriated fund entities of the Department of Defense (DOD) to purchase military 

decorations, ribbons, badges, medals, insignia, and other uniform 

accoutrements produced in the United States, subject to certain exceptions. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

We understand that contracts entered by DOD nonappropriated 

fund entities for the purchase of military decorations, awards and 

insignia include clauses requiring that such decorations, awards 

and insignia be manufactured, assembled and produced in the 

United States unless there are no U.S. manufacturing sources 

available. We believe that the Secretary of Defense should take 

steps, including periodic audits, to ensure contractor compliance 

with the terms and conditions of these contracts, including terms 

and conditions relating to product quality, conformance with technical specifications, and point of origin. 

TITLE IX—DEPARTMENT OF DEFENSE 

ORGANIZATION AND MANAGEMENT 

Subtitle A—Department of Defense Management 

Plan required for personnel management of special operation forces 

(sec. 901) 

The House bill contained a provision (sec. 903) that would require the commander of the special operations command to submit 

a plan to the congressional defense committees on the personnel 

management of special operations forces. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

clarifying that the Commander of the United States Special Operations Command shall submit the required report to the Secretary 

of Defense, who shall provide that report to the congressional defense committees together with any additional comments the Secretary of Defense and the Chairman of the Joint Chiefs of Staff 

consider appropriate. 

Director of Operational Energy Plans and Programs (sec. 902) 

The House bill contained a provision (sec. 904) that would establish a Director for Operational Energy Plans and Programs within 

the Office of the Secretary of Defense and senior operational energy 

officials within each of the military services. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 


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Corrosion control and prevention executives for the military departments (sec. 903) 

The House bill contained a provision (sec. 905) that would require the Assistant Secretary of each military department with responsibility for acquisition, technology, and logistics to designate 

an employee of the military department to act as the senior official 

to coordinate department-level Corrosion Prevention and Control 

Program activities. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would make the annual report provided by the corrosion control and prevention executives of the military departments due to 

the Secretary of Defense by December 31 each year. We understand that the first report submitted by the corrosion control and 

prevention executives would be December 2009. 

Participation of Deputy Chief Management Officer of the Department of Defense on Defense Business System Management Committee (sec. 904) 

The House bill contained a provision (sec. 906) that would clarify 

the role of the Deputy Chief Management Officer of the Department of Defense. 

The Senate bill contained a similar provision (sec. 902). 

The agreement includes the Senate provision with a clarifying 

amendment. 

Modification of status of Assistant to the Secretary of Defense for 

Nuclear and Chemical and Biological Defense Programs (sec. 

905) 

The Senate bill contained a provision (sec. 901) that would 

amend section 142 of title 10, United States Code, to clarify that 

the Assistant to the Secretary of Defense for Nuclear and Chemical 

and Biological Defense is equivalent to an assistant secretary of defense. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Requirement for the Secretary of Defense to prepare a strategic plan 

to enhance the role of the National Guard and Reserves (sec. 

906) 

The House bill contained a provision (sec. 907) that would require the Secretary of Defense to develop a plan for enhancing the 

roles of the National Guard and reserves, and submit a report on 

that plan to the Committees on Armed Services of the Senate and 

the House of Representatives by April 1, 2009. 

The Senate bill contained a similar provision (sec. 1053). 

The agreement includes the House provision with a clarifying 

amendment. 

General Counsel to the Inspector General of the Department of Defense (sec. 907) 

The Senate bill contained a provision (sec. 904) that would provide for a General Counsel to the Inspector General of the Department of Defense who would report only to the Inspector General. 


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The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Business transformation initiatives for the military departments 

(sec. 908) 

The Senate bill contained a provision (sec. 906) that would require the Secretary of each military department, acting through the 

Chief Management Officer of such department, to carry out a business transformation initiative. The provision would also require 

each military department to establish an Office of Business Transformation to assist the Chief Management Officer in carrying out 

the initiative. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment extending the timelines for the initiative and clarifying the 

responsibilities of the new Office of Business Transformation. 

Subtitle B—Space Activities 

Extension of authority for pilot program for provision of space surveillance network services to entities outside United States Government (sec. 911) 

The House bill contained a provision (sec. 911) that would extend 

the authority to continue the pilot program to provide network surveillance assistance to entities outside the U.S. Government. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Investment and acquisition strategy for commercial satellite capabilities (sec. 912) 

The House bill contained a provision (sec. 912) that would require the Secretary of Defense to conduct an assessment to determine a recommended investment and acquisition strategy for a 

broad range of commercial satellite capabilities. The report on the 

strategy would be due February 2009. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would modify the due date of the report to February 1, 2010. 

The assessment would address fiscal years after 2010. 

Space posture review (sec. 913) 

The Senate bill contained a provision (sec. 911) that would direct 

the Secretary of Defense, in conjunction with the Director of National Intelligence, to conduct a comprehensive review of the space 

posture of the United States. The review would cover a 10 year period beginning February 1, 2009. The Secretary would be required 

to submit the report no later than December 1, 2009. 

The House bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would add industrial base policy to the list of policies for 

which the provision requires an assessment of interrelationships. 


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Subtitle C—Chemical Demilitarization Program 

Responsibilities for Chemical Demilitarization Citizens’ Advisory 

Commissions in Colorado and Kentucky (sec. 921) 

The House bill contained a provision (sec. 921) that would require the Secretary of the Army to transfer responsibility for the 

Chemical Demilitarization Citizens’ Advisory Commissions in Colorado and Kentucky to the Program Manager for Assembled Chemical Weapons Alternatives. 

The Senate bill contained a similar provision (sec. 1431). 

The agreement includes the Senate provision with a clarifying 

amendment. 

Cost-benefit analysis of future treatment of hydrolysate at Pueblo 

Chemical Depot, Colorado (sec. 922) 

The House bill contained a provision (sec. 922) that would prohibit the Department of Defense from transporting hydrolysate 

from the Pueblo Chemical Depot, Colorado, to an off-site location 

for treatment, storage, or disposal during fiscal year 2009, and 

would require a report containing a cost-benefit analysis between 

on-site and off-site methods of disposing of such hydrolysate. 

The Senate bill contained no similar provision. 

The agreement includes a provision that would require the Secretary of Defense to conduct a cost-benefit analysis of future options for treatment and disposal of hydrolysate at the Pueblo 

Chemical Depot, Colorado, and to submit a report to Congress, together with the budget request for fiscal year 2010, containing the 

results of that analysis. The provision would also require the Secretary to provide notification to Congress 60 days prior to commencing any transport of hydrolysate from the Pueblo Chemical 

Depot to an off-site location during fiscal year 2009, if he decides 

to conduct such transport after the report is submitted. 

Subtitle D—Intelligence-Related Matters 

Technical changes following the re-designation of National Imagery and Mapping Agency as National Geospatial-Intelligence 

Agency (sec. 931) 

The House bill contained a provision (sec. 931) that would make 

certain technical changes in the United States Code and other laws 

to reflect the changing of the name of the National Imagery and 

Mapping Agency to the National Geospatial-Intelligence Agency. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Technical amendments to title 10, United States Code, arising from 

enactment of the Intelligence Reform and Terrorism Prevention 

Act of 2004 (sec. 932) 

The House bill contained a provision (sec. 932) that would make 

certain technical changes in title 10, United States Code, to reflect 

enactment of the Intelligence Reform and Terrorism Prevention Act 

of 2004 (Public Law 108–458). 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 


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Technical amendments relating to the Associate Director of the CIA 

for Military Affairs (sec. 933) 

The House bill contained a provision (sec. 933) that would change 

section 528(c) in title 10, United States Code, to reflect changing 

of the title of the position within the Central Intelligence Agency 

(CIA) from the Associate Director of the CIA for Military Support, 

to the Associate Director of the CIA for Military Affairs. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Subtitle E—Other Matters 

Enhancement of authorities relating to Department of Defense regional centers for security studies (sec. 941) 

The House bill contained a provision (sec. 942) that would amend 

section 184(f) of title 10, United States Code, to allow funds authorized under that section to be available for programs that begin in 

that fiscal year but end in the following one, starting with fiscal 

year 2009. The provision would also establish a pilot program providing temporary authority for the Secretary of Defense, with the 

concurrence of the Secretary of State, to waive reimbursement of 

certain costs of activities of Regional Centers in connection with 

the participation of personnel of nongovernmental or international 

organizations in those activities. The provision would also require 

the Secretary of Defense to report on the extent of nongovernmental and international organization participation in regional 

center programs. 

The Senate bill contained a similar provision (sec. 1212). 

The agreement includes the Senate provision. 

Restriction on obligation of funds for United States Southern Command development assistance activities (sec. 942) 

The House bill contained a provision (sec. 944) that would require that the Secretary of Defense, within 30 days after the date 

of enactment of this Act, to submit to the congressional defense 

committees a report describing the development assistance activities carried out by the United States Southern Command 

(SOUTHCOM) and containing a certification that such activities: 

will not negatively impact the readiness of SOUTHCOM; do not divert resources from funded or unfunded requirements of 

SOUTHCOM; are not already, or will not be, undertaken by other 

federal departments or agencies; and are designed, planned, and 

conducted as derivative activities of SOUTHCOM’s warfighting responsibilities under title 10 of the United States Code. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would increase the time permitted for the Secretary of Defense 

to deliver the required report to the Congressional defense committees to 120 days. 

Authorization of non-conventional assisted recovery capabilities (sec. 

943) 

The House bill contained a provision (sec. 945) that would codify 

authority for Joint Forces Command to act as the Executive Agent 


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for the non-conventional assisted recovery (NAR) capabilities and 

authorize the Department to develop a personnel recovery program 

for isolated personnel representing all parts of the U.S. Government. 

The Senate bill contained a similar provision (sec. 1207) that 

would authorize the commander of a combatant command, with the 

concurrence of the relevant chief of mission, to expend funds in fiscal years 2009 and 2010 to establish, develop, and maintain NAR 

capabilities in a foreign country if the commander determines that 

expenditure of such funds for that purpose is necessary. 

The agreement includes a provision that would authorize the 

commander of a combatant command, with the concurrence of the 

relevant chiefs of mission, to expend funds in fiscal years 2009 

through 2011 to establish, develop, and maintain NAR capabilities 

and would require a notification to the congressional defense committees of the use of this authority within 72 hours of a combatant 

commander exercising this authority. 

Report on homeland defense and civil support issues (sec. 944) 

The House bill contained a provision (sec. 946) that would require the Secretary of Defense to submit a report on progress made 

to address concerns raised by the Government Accountability Office 

(GAO) related to U.S. Northern Command, and would require 

Northern Command to perform a number of functions related to 

State and federal domestic response planning, capabilities, and coordination. 

The Senate bill contained a related provision (sec. 905) that 

would express the sense of the Congress concerning the importance 

of establishing and assigning to U.S. Northern Command forces for 

the mission of managing the consequences of an incident in the 

United States homeland involving a chemical, biological, radiological, or nuclear device, or high-yield explosives (CBRNE). The 

provision would also require reports on progress toward achieving 

that goal, including progress in addressing concerns raised by GAO 

related to U.S. Northern Command. 

The agreement includes a provision that would require the Secretary of Defense to submit a report to the congressional defense 

committees on progress made to address the concerns raised by 

GAO related to U.S. Northern Command, including improved coordination with other agencies, and on plans and progress to establish CBRNE consequence management response forces. 

Report on National Guard resource requirements (sec. 945) 

The House bill contained a provision (sec. 947) that would require the Chief of the National Guard Bureau to submit to the Secretary of Defense, not later than 6 months after the date of enactment of this Act, a report on the effectiveness of the implementation of the various provisions in title XVIII of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181) and 

assessing the adequacy of Department of Defense funding for the 

resource requirements of the National Guard. The Secretary of Defense would be required to submit the report, with any explanatory 

comments the Secretary considers necessary, to Congress not later 

than 30 days after the Secretary receives the report. 


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The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Chief of the National Guard Bureau to submit to the Secretary of Defense a report on 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 Chief of the National Guard Bureau the proper 

set of authorities and resources to perform the responsibilities and 

duties of the Chief. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Revisions in functions and activities of Special Operations Command 

The House bill contained a provision (sec. 901) that would revise 

the statutory authority governing special operations activities. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Requirement to designate officials for irregular warfare 

The House bill contained a provision (sec. 902) that would require the Secretary of Defense to designate an Assistant Secretary 

of Defense to be responsible for overall management and coordination of irregular warfare activities. The provision would also require the establishment of a single executive agent for such activities. 

The Senate bill contained no similar provision. 

The agreement does not contain this provision. 

We note that the Secretary of Defense has authorized a review 

of the management and execution of both current and future irregular warfare activities throughout the Department of Defense. We 

understand that the Secretary will soon approve a Department Directive pertaining to irregular warfare activities. We applaud the 

review effort, await the completion of the approval process, and direct the Secretary to provide the results of that review to the congressional defense committees no later than 30 days after approval. 

Redesignation of the Department of the Navy as the Department of 

the Navy and Marine Corps 

The House bill contained a provision (sec. 908) that would redesignate the Department of the Navy as the Department of the Navy 

and Marine Corps and would redesignate the position of the Secretary of the Navy as the Secretary of the Navy and Marine Corps. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Support to committee to review 

The House bill contained a provision (sec. 909) that would require the Secretary of Defense to provide certain information to the 

House Committee on Armed Services within 15 days after receiving 

a request. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 


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Requirement for certain officers of the armed forces on active duty 

in certain intelligence positions 

The Senate bill contained a provision (sec. 921) that would require that the principal deputy to the senior service intelligence officer be a commissioned officer of the armed forces on active duty. 

The House bill contained no similar provision. 

The agreement does not include the provision. 

Transfer of management of Intelligence Systems Support Office 

The Senate bill contained a provision (sec. 922) that would transfer management of the Intelligence Systems Support Office and 

other projects and activities currently conducted by the Office of 

the Under Secretary of Defense for Intelligence to other components of the Department of Defense. 

The House bill contained no similar provision. 

The agreement does not include the provision. 

Program on advanced sensor applications 

The Senate amendment contained a provision (sec. 923) that 

would transfer management oversight of the Advanced Sensor Applications Program (ASAP) to the Under Secretary of Defense for 

Acquisition, Technology and Logistics and mandate other aspects of 

the management of the program. 

The House bill contained no similar provision. 

The Senate recedes. 

The Deputy Secretary of Defense sent a letter to the congressional defense and intelligence committees, dated July 22, 2008, 

outlining certain changes in the Department’s position on the 

ASAP effort. The conferees agree that the revised funding and 

management approach described in the Deputy Secretary’s letter 

should help ensure that the Department abides by congressional 

intent without the need for immediate legislative intervention. 

The conferees agree to authorize $20.0 million for the ASAP program for fiscal year 2009. 

Additional direction on the ASAP program is contained in the 

classified annex to this report. 

Findings and sense of Congress regarding the Western Hemisphere 

Institute for Security Cooperation 

The House bill contained a provision (sec. 943) that would express the sense of congress that the Western Hemisphere Institute 

for Security Cooperation is one of the most effective mechanisms 

that the United States has to build relationships with future leaders throughout the Western Hemisphere, influence the human 

rights records and democracy trajectory of countries in the Western 

Hemisphere, and mitigate the growing influence of non-hemispheric powers. 

The Senate bill contained no similar provision. 

The agreement does not include this provision. 


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TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

General Transfer authority (sec. 1001) 

The House bill contained a provision (sec. 1001) that would allow 

the Secretary of Defense to make transfers between any amounts 

of authorizations for fiscal year 2009 in division A of this Act. This 

section would limit the total amount transferred under this authority to $4.0 billion. This section would also require prompt notification to Congress of each transfer made. 

The Senate bill contained a similar provision (sec. 1001) that 

would provide $5.0 billion in transfer authority. 

The agreement provides for transfer authority of $4.2 billion. 

One-time shift of military retirement payments (sec. 1002) 

The House bill contained a provision (sec. 1004) that would shift 

a portion of the military retirement payments disbursed in September 2013 to October 2013. The provision would also require the 

Secretary of Defense to transfer $40.0 million from the National 

Defense Stockpile Transaction Fund. 

The Senate bill contained no similar provision. 

The agreement contains this provision. 

Management of purchase cards (sec. 1003) 

The House bill contained a provision (sec. 1005) that would require new safeguards and internal controls for the use of purchase 

cards by the Department of Defense. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to report to Congress 

on the steps that the Department of Defense has taken or plans to 

take to implement the recommendations of a Government Accountability Office report on actions needed to strengthen internal controls for the use of purchase cards (GAO report 08–333). 

Codification of recurring authority on United States contributions to 

the North Atlantic Treaty Organization common-funded budgets (sec. 1004) 

The Senate bill contained a provision (sec. 1003) that would authorize the U.S. contribution to the North Atlantic Treaty Organization (NATO) common-funded budgets for fiscal year 2008, including the use of unexpended balances. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that provides permanent authority for amounts contributed 

by the Secretary of Defense in any fiscal year for the NATO common-funded budgets to exceed the maximum amount that would 

otherwise be applicable under the fiscal year 1998 baseline limitation set out in the Senate resolution of ratification of the Protocols 

to the North Atlantic Treaty of 1949 on the Accession of Poland, 

Hungary, and the Czech Republic. The amendment also requires 

the Secretary of Defense to report annually to Congress regarding 

U.S. contributions to the NATO common-funded budgets. 


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Incorporation of funding decisions into law (sec. 1005) 

The House bill contained a provision (sec. 1431) that would state 

that Executive Order No. 13457 shall not apply to this Act. 

The Senate bill contained a provision (sec. 1002) that would incorporate the funding tables into the Act. 

The agreement includes the Senate provision with a clarifying 

amendment that would incorporate the authorized amounts in 

funding tables into the Act. For the purposes of this provision, a 

funding table means a list of specific programs, projects and activities, and the dollar amounts and adjustments to budget activities 

corresponding to such programs, projects, and activities, but does 

not include a table included in the joint explanatory statement in 

compliance with Rule XLIV of the Standing Rules of the Senate or 

Rule XXI of the Rules of the House of Representatives. 

The Government Printing Office (GPO) has informed us that incorporating the funding tables into bill language would add 3 full 

days to the time required to prepare a bill for floor consideration, 

even if the GPO does not have other high priority work to accomplish at the time. This delay is in addition to the day and a half 

it would require for the committee staff to prepare the funding tables in a form that could be processed by GPO, and to ensure the 

accuracy of GPO’s work. With only 3 days left for the House and 

the Senate to consider the bill before the scheduled end of this 

year’s session of Congress, we have determined that incorporating 

the funding tables into bill language was not an option that was 

available to us. 

Subtitle B—Policy Relating to Vessels and Shipyards 

Conveyance, Navy drydock, Aransas Pass, Texas (sec. 1011) 

The House bill contained a provision (sec. 1011) that would authorize the Secretary of the Navy to convey the floating drydock 

AFDL–23, located at Aransas Pass, Texas, to Gulf Copper Ship Repair, the company currently leasing the drydock from the Navy. 

The Secretary would be allowed to place such terms and conditions 

on the transfer as he feels appropriate, and the company would be 

required to compensate the Federal Government for the fair market value of the drydock, as determined by the Secretary. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Report on repair of naval vessels in foreign shipyards (sec. 1012) 

The House bill contained a provision (sec. 1012) that would 

amend section 7310 of title 10, United States Code, to require the 

Secretary of the Navy to submit a report at least 30 days before 

conducting repair work on any vessel in a shipyard outside the 

United States or Guam. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary to provide a report, with the submission of the President’s budget, regarding any ship repair work 

conducted on any vessel in a shipyard outside the United States or 

Guam during the previous year. 


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Report on plan for disposal of certain vessels stricken from the 

Naval Vessel Register (sec. 1013) 

The House bill contained a provision (sec. 1015) that would require the Secretary of the Navy to submit a report within 30 days 

to the congressional defense committees on the contribution of 

scrapping vessels larger than 50,000 tons displacement to the domestic market for steel and other metals. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would allow the Secretary 180 days to complete the report. 

Reimbursement of expenses for certain Navy mess operations (sec. 

1014) 

The Senate bill contained a provision (sec. 1012) that would authorize the Secretary of Defense to fund from agency operating accounts the cost of meals on United States naval and naval auxiliary vessels for non-military personnel. For the purposes of this 

provision, this includes nongovernmental organization and host 

and partner nation participants in civil-military operations and foreign national patients treated during the conduct of civil-military 

operations, as well as their escorts. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would place an annual limit of $1.0 million on such costs 

and would require an annual report on the Department’s use of 

this authority. 

Policy relating to major combatant vessels of the strike forces of the 

United States Navy (sec. 1015) 

The House bill contained a provision (sec. 1013) that would 

amend the section 1012(c)(1) of the National Defense Authorization 

Act for Fiscal Year 2009 (Public Law 110–181) to add all amphibious ships larger than 15,000 dead weight ton light ship displacement to the definition of major surface combatants in that section. 

Section 1012 stated that it is the policy of the United States to construct major surface combatants of the strike forces of the United 

States with integrated nuclear power systems. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Subtitle C—Counter-Drug Activities 

Extension of reporting requirement regarding Department of Defense 

expenditures to support foreign counter-drug activities (sec. 

1021) 

The House bill contained a provision (sec. 1021) that would extend, by 1 year, the requirement for the Secretary of Defense to 

submit a report detailing the expenditure of funds by the Department during fiscal year 2008 in direct and indirect support of the 

counterdrug activities of foreign governments. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 


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Extension of authority for joint task forces to provide support to law 

enforcement agencies conducting counter-terrorism activities 

(sec. 1022) 

The House bill contained a provision (sec. 1022) that would extend the authority provided in section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136), 

which expires at the end of fiscal year 2008, through fiscal year 

2009. The current authority provides that a joint task force of the 

Department of Defense, which is providing support to law enforcement agencies conducting counterdrug activities, may also provide, 

subject to all applicable laws and regulations, these law enforcement agencies with support for their counterterrorism activities. 

The Senate bill contained a nearly identical provision (sec. 1021). 

The agreement includes the provision. 

The agreement directs the Deputy Assistant Secretary of Defense 

for Counternarcotics, Counterproliferation and Global Threats to 

provide an annual briefing about the use of this authority to the 

congressional defense committees. 

Extension of authority to support unified counter-drug and 

counterterrorism campaign in Colombia and continuation of 

numerical limitation on assignment of United States personnel 

(sec. 1023) 

The House bill contained a provision (sec. 1023) that would extend the authority provided in section 1021 of the Ronald W. 

Reagan National Defense Authorization Act for Fiscal Year 2005 

(Public Law 108–375) to use counterdrug funds to support the Government of Colombia’s unified campaign against narcotics cultivation and trafficking, and against terrorist organizations involved in 

such drug trafficking activities through fiscal year 2009. 

The Senate bill contained a nearly identical provision (sec. 1022). 

The agreement includes the provision. 

Expansion and extension of authority to provide additional support 

for counter-drug activities of certain foreign governments (sec. 

1024) 

The House bill contained a provision (sec. 1024) that would extend by 1 fiscal year the duration of authority for assistance under 

section 1033 of the National Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 1998 (Public Law 105–85), as amended by section 

1021 of the NDAA for FY 2004 (Public Law 108–136), section 1022 

of the John Warner NDAA for FY 2007 (Public Law 109–364), and 

section 1022 of the NDAA for FY 2008 (Public Law 110–181); 

would expand the list of countries that could qualify for assistance 

under section 1033 to include three West African countries; and 

would increase the funding limitation under section 1033 from 

$60.0 million to $65.0 million for fiscal year 2009. 

The Senate bill contained no similar provision. 

The agreement includes a provision that would extend by one fiscal year the duration of this authority; would expand the list of 

countries that could qualify for assistance under section 1033 to include: El Salvador, Guinea-Bissau, Honduras, and Senegal; and 

would increase the funding limitation under section 1033 from 

$60.0 million to $75.0 million for fiscal year 2009. 


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Comprehensive Department of Defense strategy for counter-narcotics 

efforts for United States Africa Command (sec. 1025) 

The House bill contained a provision (sec. 1025) that would require the Secretary of Defense, in consultation with the Secretary 

of State, to prepare a counterdrug plan for all eligible governments 

under section 1033 of the National Defense Authorization Act for 

fiscal year 1998 (Public Law 105–85) for fiscal year 2009 and updates thereafter, as well as a region-wide, counterdrug plan for Africa, with a special emphasis on West Africa and the Maghreb. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would expand the scope of this reporting requirement to include the remainder of the African continent. 

Comprehensive Department of Defense strategy for counter-narcotics 

efforts in South and Central Asian regions (sec. 1026) 

The House bill contained a provision (sec. 1026) that would require the Secretary of Defense to submit a report to the congressional defense committees that outlines the Department’s role, missions, objectives, and budget in support of the overall U.S. Government counternarcotics strategy and activities in the south and central Asian regions and other geographically proximate countries. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

which would provide the Department with additional time to complete the report, as well as a technical change. 

Subtitle D—Miscellaneous Authorities and Limitations 

Enhancement of the capacity of the United States Government to 

conduct complex operations (sec. 1031) 

The Senate bill contained a provision (sec. 1032) that would authorize the Secretary of Defense to establish a Center for Complex 

Operations. The center would facilitate the activities of a consortium composed of education and training institutions from across 

the U.S. Government in order to increase unity of effort in complex 

operations. 

The House bill contained no similar provision. 

The agreement contains the Senate provision with an amendment clarifying that the Secretary of Defense will seek the concurrence of the Secretary of State to the extent that the activities of 

the Center involve foreign government or militaries, international 

organizations or international nongovernmental organizations. 

Crediting of admiralty claim receipts for damage to property funded 

from a Department of Defense working capital fund (sec. 1032) 

The Senate bill contained a provision (sec. 1033) that would provide that payments received by the United States in settlement of 

an admiralty claim for damage or loss to property that is operated 

and maintained using monies from a Department of Defense working capital fund account would be credited to the working capital 

fund which was used to operate and maintain the damaged or lost 

property. 

The House bill contained no similar provision. 


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The agreement includes the Senate provision. 

Minimum annual purchase requirement for charter air transportation services from carriers participating in the Civil Reserve 

Air Fleet (sec. 1033) 

The Senate bill contained a provision (sec. 1034) that would authorize the Secretary of Defense to guarantee higher minimum levels of business than are currently authorized by law to United 

States air carriers participating in the Civil Reserve Air Fleet 

(CRAF). 

The House bill contained no similar provision. 

The agreement includes the Senate provision, amended to provide authority to the Secretary to guarantee minimum levels of 

business to CRAF participants operating passenger travel contracts 

only. 

Semi-annual reports on status of Navy Next Generation Enterprise 

Networks(NGEN) program (sec. 1034) 

The Senate bill contained a provision (sec. 1035) that would modify the termination date of the base contract for the Navy-Marine 

Corps Intranet (NMCI) program. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment establish a semi-annual reporting requirement on the Navy’s 

transition between the NMCI and NGEN programs. 

The NGEN program represents one of the largest, farthest reaching, and complex acquisition programs and technology deployments 

for the Navy and Marine Corps in the next decade. We note with 

concern the lack of planning and oversight that the Department of 

Defense has dedicated to the requirements generation, acquisition 

strategy development, outreach to industry, contracting mechanisms, realistic testing, and transition planning for the NGEN program. The lack of transparency and dialogue with industry about 

the acquisition strategy for NGEN and the planned transition of 

assets and intellectual property currently associated with the 

NMCI program is a continuing concern. 

The Secretary of Defense is directed to keep the congressional defense committees well informed about the development of acquisition and transition strategies for NGEN. It is expected that the 

semi-annual reporting requirement in this provision will provide an 

efficient mechanism to support that dialogue. 

Sense of Congress on nuclear weapons management (sec. 1035) 

The Senate bill contained a provision (sec. 1038) that would find 

that the unauthorized transfer of nuclear weapons from Minot Air 

Force Base, North Dakota, to Barksdale Air Force Base, Louisiana, 

in August 2007; the unauthorized transfer of classified intercontinental ballistic missile parts, discovered in March 2008; and a lack 

of training and staffing for nuclear matters, demonstrate a lack of 

attention by the Department of Defense (DOD) to nuclear issues in 

general. In addition, the provision would set forth the sense of Congress that safety and security of nuclear weapons and related 

equipment should be a high priority for the United States; that the 

President should take steps to nominate an individual to fill the 


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position of the Assistant to the Secretary of Defense for Nuclear 

and Chemical and Biological Defense Programs; and that the Secretary of Defense should establish a senior position in the DOD Office of Policy at an assistant secretarial or deputy under secretarial 

level with responsibility for nuclear policy issues. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would add an additional finding to the provision. The 

amendment would set forth the sense of the Congress that maintaining the safety and security of nuclear weapons would be more 

easily achieved if greater attention were paid to the nuclear matters in the Offices of the Secretary of Defense, the Under Secretary 

of Defense for Policy and the Under Secretary of Defense for Acquisition, Technology, and Logistics. The amendment would also set 

forth the sense of the Congress that the Secretary of Defense 

should clarify lines of responsibility and accountability for nuclear 

weapons matters. 

Sense of Congress on joint Department of Defense-Federal Aviation 

Administration executive committee on conflict and dispute resolution (sec. 1036) 

The Senate bill contained a provision (sec. 1039) that would express the sense of the Congress that the Secretary of Defense 

should seek an agreement with the Administrator of the Federal 

Aviation Administration to establish a Joint Executive Committee 

to serve as the focal point for dispute resolution and policy development, and as a mechanism for identifying solutions to a range of 

mutual issues. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Sense of Congress on sale of new outsize cargo, strategic airlift aircraft for civilian use (sec. 1037) 

The Senate bill contained a provision (sec. 1040) that would encourage the Secretary of Defense, in consultation with the Secretary of Transportation, to: (1) review the benefits and feasibility 

of pursuing new production of a commercial C–17 variant to determine whether such capability would be in the national interest; 

and (2) if he determines it to be in the national interest, take appropriate action with the Federal Aviation Administration to 

achieve type certification of such aircraft. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a clarifying 

amendment. 

Subtitle E—Studies and Reports 

Report on corrosion control and prevention (sec. 1041) 

The House bill contained a provision (sec. 1041) that would require the Department of Defense, through the Office of Corrosion 

Policy and Oversight, to provide a report to the Senate Committee 

on Armed Services and the House Committee on Armed Services 

by February 1, 2009, regarding the potential for improvements in 

corrosion control and prevention in weapons systems by planning 


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for corrosion control and prevention earlier in the system requirements and acquisition processes. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would change the due date of the report to not later than 120 

days after the date of enactment of the Act. 

Study on using Modular Airborne Fire Fighting Systems (MAFFS) 

in a Federal response to wildfires (sec. 1042) 

The House bill contained a provision (sec. 1042) that would require the Secretary of Defense to carry out a study on how to utilize the Department’s Modular Airborne Fire Fighting Systems 

(MAFFFS) in all contingencies where there is a Federal response 

to wildfires, and how to decrease costs of using MAFFS when supporting National Interagency Fire Center fire fighting operations. 

The provision would require that the Secretary submit that report 

to the congressional defense committees within six months of the 

date of enactment of this Act. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Study on rotorcraft survivability (sec. 1043) 

The House bill contained a provision (sec. 1043) that would require the Secretary of Defense and the Chairman of the Joint 

Chiefs of Staff to conduct a study on rotorcraft survivability. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Report on nuclear weapons (sec. 1044) 

The House bill contained a provision (sec. 1045) that would require the Secretary of Defense, in consultation with the Secretary 

of State, the Secretary of Energy, and the Director of National Intelligence, to conduct a review of nonstrategic nuclear weapons 

world wide, and submit a report to Congress setting forth the results of the review. The report would be due 180 days after the 

date of enactment of this Act. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would modify the scope of the review. The review would cover 

nuclear weapons world wide and include a description of each country’s nuclear weapons arsenal and an assessment of the various 

risks associated with nuclear weapons deemed to be attractive to 

terrorists, states, and other non-state actors. For those weapons 

that are deemed to be attractive to terrorists and state and nonstate actors, the review would also include recommendations on 

mechanisms and procedures to improve the security of such weapons, monitor and track such weapons, and identify options to transparently and verifiably dismantle and dispose of such weapons. The 

President shall submit a report that would be due 1 year after the 

date of enactment of this Act. The report shall be unclassified but 

may have a classified annex. 


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Report on compliance by Department of Defense with Guam tax and 

licensing laws (sec. 1045) 

The House bill contained a provision (sec. 1047) that would require the Secretary of Defense to report to Congress on steps the 

Department is taking to ensure that defense contractors performing work on Guam comply with local tax and licensing requirements. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

simplifying the reporting requirement. 

Report on detention operations in Iraq (sec. 1046) 

The Senate bill contained a provision (sec. 1052) that would require the Secretary of Defense to submit a detailed report to the 

congressional defense committees on detention operations at theater internment facilities and reintegration centers in Iraq. The 

Senate provision would require that the report contain information 

on changes in detention policies and procedures intended to incorporate counterinsurgency doctrine, and a description of policies and 

programs to prepare detainees for reintegration upon their release. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment clarifying the elements to be included as part of the report. 

We note that the description of how counterinsurgency doctrine has 

been incorporated at theater internment facilities in Iraq should include the changes, if any, to procedures for reviewing the detention 

status of individuals under detention at such facilities. 

Review of bandwidth capacity requirements of the Department of 

Defense and the intelligence community (sec. 1047) 

The Senate bill contained a provision (sec. 1055) that would direct the Secretary of Defense and the Director of National Intelligence to conduct a joint review of the current and future bandwidth capacity requirements of the Department of Defense and the 

intelligence community over the next 10 years. The review would 

also include a discussion of any mitigation concepts, including operational or technical options that might be used to address bandwidth capacity shortfalls. Not later than 1 year after the date of 

enactment of this Act, the Secretary and the Director would be required to submit a report setting forth the results of the review to 

the congressional defense committees and the intelligence committees of the Senate and the House of Representatives. The Secretary 

and the Director should include and fully address in the review all 

means by which bandwidth is provided, including ground, aerial, 

and satellite options. 

The provision would also direct the Secretary and the Director to 

establish a formal process, for each major defense acquisition or 

major system acquisition program, to ensure during the Milestone 

B or key decision point B phase of the acquisition process, that the 

bandwidth requirements of each such system can be met. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would expand the assessment of bandwidth capacities 

and capabilities to include airborne relays and expand the elements 


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of the assessment to include technologies that could increase data 

transport. 

Review of findings and recommendations applicable to the Department of Defense regarding electromagnetic pulse attack (sec. 

1048) 

The House bill contained a provision (sec. 1033) that would extend the duration of the Commission to Assess the Threat to the 

United States from Electromagnetic Pulse Attack (EMP Commission) by 4 years to 2012, expand its scope and membership, and authorize additional funds. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would direct the Secretary of Defense to submit a report in 

each odd numbered year until 2015 that sets forth the results of 

a review of the findings and recommendations of the EMP Commission that are applicable to the Department of Defense (DOD). 

We note that an electromagnetic attack on the United States 

could have a devastating impact on the ability of the DOD and the 

military services to carry out their missions. The EMP Commission, over the course of 7 years has made extensive findings and 

recommendations for the Department of Defense and other Executive Branch agencies. 

Subtitle F—Other Matters 

Additional information under annual submissions of information 

regarding information technology capital assets (sec. 1051) 

The House bill contained a provision (sec. 1061) that would clarify reporting requirements relating to budget submissions for information technology capital assets. 

The Senate amendment contained a similar provision (sec. 331). 

The agreement includes a provision that clarifies and reduces the 

burden on the Department of Defense in terms of reporting on 

budget requests related to information technology capital assets. 

The Department should continue to work to ensure that public information on the information technology budget is informative and 

provides visibility into the use of public funds for these important 

activities. 

Submission to Congress of revision to regulation on enemy prisoners 

of war, retained personnel, civilian internees, and other detainees (sec. 1052) 

The House bill contained a provision (sec. 1064) that would prohibit implementation of any successor regulation to Army Regulation 190–8, Enemy Prisoners of War, Retained Personnel, Civilian 

Internees, and Other Detainees (dated October 1, 1997) until 60 

days after the Secretary of Defense submits that successor regulation to the Committees on Armed Services of the Senate and the 

House of Representatives. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 


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Barnegat Inlet to Little Egg Inlet, New Jersey (sec. 1053) 

The House bill contained a provision (sec. 1067) that would authorize the Secretary of the Army to pay the full cost of removing 

munitions from the beach at Barnegat Inlet to Little Egg Inlet, 

New Jersey. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would modify the language regarding reimbursement for any 

non-federal expenses incurred. 

Standing advisory panel on improving coordination among the Department of Defense, the Department of State, and the United 

States Agency for International Development on matters of national security (sec. 1054) 

The House bill contained a provision (sec. 1071) that would require the Secretary of Defense, the Secretary of State, and the Administrator of the U.S. Agency for International Development 

(USAID) to jointly establish an advisory panel to review the roles 

and responsibilities of the Department of Defense, the Department 

of State, and the USAID on matters of national security and make 

recommendations to improve collaboration and coordination. 

The Senate bill contained no similar provision. 

The agreement contains the House provision with an amendment 

allowing the Secretary of Defense, the Secretary of State, and the 

Administrator of the USAID to jointly establish an advisory panel 

to advise on ways to improve coordination among the Department 

of Defense, the Department of State, and USAID on matters relating to national security, including reviewing their respective roles 

and responsibilities. 

Reports on strategic communication and public diplomacy activities 

of the Federal Government (sec. 1055) 

The House bill contained a provision (sec. 1074) that would require the President to submit to Congress a report on a comprehensive interagency strategy for public diplomacy and strategic communication efforts for the Federal Government. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. We note that numerous studies from independent 

commissions, the Government Accountability Office, and the Defense Science Board have indicated a lack of clearly articulated 

strategic goals for the Federal Government’s efforts at strategic 

communication and public diplomacy. Taken as a whole, these 

studies point to deficiencies in the U.S. approach to this mission 

that have not been adequately addressed by previous strategies, or 

by any other official government initiative. For example, these 

studies indicate that the Federal Government’s approach to strategic communication and public diplomacy has not been effective 

enough at garnering greater participation from the private sector, 

academic institutions or other non-governmental organizations. We 

commend the establishment of the Global Strategic Engagement 

Center at the Department of State, but note that its role within a 

whole-of-government approach to strategic communication and public diplomacy still needs to be further clarified. 


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Prohibitions relating to propaganda (sec. 1056) 

The House bill contained a provision (sec. 1075) that would prohibit the use of Department of Defense funds for propaganda purposes not specifically authorized by law. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. We intend the term ‘‘publicity or propaganda’’, as used 

in the provision, to have the meaning given to such term in decisions of the Government Accountability Office on this subject. 

Sense of Congress on interrogation of detainees by contractor personnel (sec. 1057) 

The House bill contained a provision (sec. 1077) that would require the Secretary of Defense to revise applicable regulations, not 

later than one year after the date of the enactment of this Act, to 

prohibit the use of contractor personnel to interrogate detainees. 

The Senate bill contained a similar provision (sec. 1036). 

The agreement includes the Senate provision with an amendment expressing the Sense of Congress that the interrogation of detainees is an inherently governmental function and that within one 

year after the date of the enactment of this Act, the Department 

of Defense should develop the resources needed to ensure that all 

such interrogations can be conducted by government personnel 

rather than contractor employees. 

Sense of Congress with respect to videotaping or otherwise electronically recording strategic intelligence interrogations of persons in 

the custody of or under the effective control of the Department 

of Defense (sec. 1058) 

The House bill contained a provision (sec. 1078) that would require the Secretary of Defense to ensure that all strategic intelligence interrogations of individuals in Department of Defense 

(DOD) custody or under detention in a DOD facility are videotaped 

or otherwise electronically recorded. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would express the Sense of Congress that the Secretary of Defense should take the necessary actions to ensure that all strategic 

interrogations of individuals in DOD custody or under detention in 

a DOD facility are videotaped or otherwise electronically recorded. 

Modification of deadlines for standards required for entry to military installations in the United States (sec. 1059) 

The Senate bill contained a provision (sec. 1082) that would 

amend section 1069 of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181) to extend deadlines for the 

establishment and implementation of standards for entry to military installations in the United States. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment modifying the deadlines. 


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Extension of certain dates for Congressional Commission on the 

Strategic Posture of the United States (sec. 1060) 

The House bill contained a provision (sec. 1032) that would extend the due date for the final report of the Congressional Commission on the Strategic Posture of the United States from December 

1, 2008 to March 1, 2009, and the sunset date for the Commission 

from June 1, 2009, to September 30, 2009. The provision would 

also direct the Commission to submit an interim report no later 

than December 1, 2009. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would extend the due date of the final report to April 1, 2009. 

The Commission should be prepared to brief Congress on the results of the interim report when it becomes available. 

Technical and clarifying amendments (sec. 1061) 

The House bill contained a provision (sec. 1063) that would make 

technical and clarifying amendments. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

adding additional technical and clarifying language. 

Notification of Committees on Armed Services with respect to certain nonproliferation and proliferation activities (sec. 1062) 

The Senate bill contained a provision (sec. 1037) that would direct the Departments of Defense, Energy, State, and Commerce, 

and the Nuclear Regulatory Commission to keep the Committees 

on Armed Services of the Senate and the House of Representatives 

fully and currently informed with respect to their activities to prevent the proliferation of weapons of mass destruction and the Director of National Intelligence to keep the committees currently informed with respect to the current activities of foreign nations that 

are of significance from the proliferation standpoint. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Assessment of security measures at consolidated center for North 

American Aerospace Defense Command and United States 

Northern Command (sec. 1073) 

The House bill contained a provision (sec. 1062) that would prohibit the Secretary of Defense from relocating any mission from 

Cheyenne Mountain Air Force Station until 30 days after the Secretary submits a report to the congressional defense committees 

with information concerning any such relocation. 

The Senate bill contained no similar provision. 

The agreement includes a provision that would require the Secretary of Defense to conduct an assessment of the adequacy of security measures for the consolidated command center for North 

American Aerospace Defense Command (NORAD) and United 

States Northern Command (USNORTHCOM), and to report on the 

results of the assessment by no later than March 1, 2009. The provision would also require the Secretary to ensure that redundant 

facilities and equipment, along with appropriate manning, are 

maintained at Cheyenne Mountain Air Force Station until the SecVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00738 Fmt 6602 Sfmt 6602 E:\HR\OC\B707.XXX B707

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retary of Defense certifies that measures have been instituted that 

bring the consolidated NORAD/USNORTHCOM command center 

into full compliance with Protection Level One requirements. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Strategic Communication Management Board 

The House bill contained a provision (sec. 1031) that would require the Secretary of Defense to establish a Strategic Communication Management Board to provide interdepartmental and interagency coordination for Department of Defense strategic communication efforts. 

The Senate bill contained no similar provision. 

The agreement does not contain the provision. 

Studies to analyze alternative models for acquisition and funding of 

interconnected cyberspace systems 

The House bill contained a provision (sec. 1044) that would require the Secretary of Defense to contract for an independent assessment on a variety of issues related to the development, acquisition, and operational use of technologies supporting network centric 

operations. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

This provision contains aspects worthy of future consideration by 

the Department of Defense, as well as Congress, as they relate to 

acquisition of information technology systems. For example, the development of a taxonomy for understanding the key components of 

systems supporting network centric operations is long overdue. The 

National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181) contained a provision (sec. 887) that required the 

Defense Science Board (DSB) to conduct a study of policies and procedures for the acquisition of information technology. This DSB 

study will address the majority of issues raised by the House provision, and thus it would be premature to commission another study 

until those results have been reported back to Congress. 

Study on national defense implications of section 1083 

The House bill contained a provision (sec. 1046) that would require the Department of Defense to study the national defense implications of section 1083 of the National Defense Authorization Act 

for Fiscal Year 2008 (Public Law 110–181). 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Study on methods to verifiably reduce the likelihood of accidental 

nuclear launch 

The House bill contained a provision (sec. 1048) that would direct 

the Secretary of Defense to carry out a study to evaluate procedural and physical options to introduce time delays into the nuclear weapons launch procedures of the United States, Russia, and 

China. 

The Senate bill contained no similar provision. 

The agreement does not include the House provision. 


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Sense of Congress honoring the Honorable Duncan Hunter 

The House bill contained a provision (sec. 1051) that would express the sense of Congress honoring the Honorable Duncan 

Hunter. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. The material from 

the provision is incorporated into section 1, the short title of the 

bill. 

Sense of Congress in honor of the Honorable Jim Saxton, a Member 

of the House of Representatives 

The House bill contained a provision (sec. 1052) that would express the sense of Congress honoring the Honorable Jim Saxton. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Sense of Congress honoring the Honorable Terry Everett, a Member 

of the House of Representatives 

The House bill contained a provision (sec. 1053) that would express the sense of Congress honoring the Honorable Terry Everett. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Sense of Congress honoring the Honorable Jo Ann Davis, a Member 

of the House of Representatives 

The House bill contained a provision (sec. 1054) that would express the sense of Congress honoring the Honorable Jo Ann Davis. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Authorization of appropriations for payments to Portuguese nationals employed by the Department of Defense 

The House bill contained a provision (sec. 1065) that would authorize payments for salary increases based on wage survey data 

for fiscal years 2006 and 2007 to Portuguese nationals employed by 

the Department of Defense. 

The Senate bill contained no similar provision. 

The agreement does not include this provision. 

State defense force improvement 

The House bill contained a provision (sec. 1066) that would 

amend section 109 of title 32, United States Code, to recognize 

state defense forces as an integral military component of the 

United States, and would authorize the Secretary of Defense to coordinate, assist, train, and transfer excess equipment to a state defense force provided the Secretary determines certain conditions 

are met. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 


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Sense of Congress regarding the roles and missions of the Department of Defense and other national security institutions 

The House bill contained a provision (sec. 1068) that would express the sense of Congress regarding coordination between the Department of Defense and other national security organizations. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Sense of Congress relating to 2008 supplemental appropriations 

The House bill contained a provision (sec. 1069) that would state 

the sense of Congress regarding readiness shortfalls. 

The Senate bill contained no similar provision. 

The agreement does not include this provision. 

Sense of Congress regarding defense requirements of the United 

States 

The House bill contained a provision (sec. 1070) that would state 

the sense of Congress regarding the funding of national defense requirements. 

The Senate bill contained no similar provision. 

The agreement does not include this provision. 

Nonapplicability of the Federal Advisory Committee Act to the Congressional Commission on the Strategic Posture of the United 

States 

The House bill contained a provision (sec. 1072) that would exempt the Congressional Commission on the Strategic Posture of the 

United States from the applicability of the Federal Advisory Committee Act (Public Law 92–463) or 5 U.S.C. App. 

The Senate bill contained no similar provision. 

The agreement does not include this provision. 

Study and report on the use of power management software 

The House bill contained a provision (sec. 1073) that would require a report on the use of power management software. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

The strides that the Department of Defense has made in improving energy efficiency across the entire organization are encouraging. The Department is working to increase the fuel efficiency 

and alternative fuel options of its vast fleet of vehicles, but also developing options for improving the energy efficiency of its extensive 

information technology (IT) enterprise. IT systems, including all of 

the desktop computing, servers, routers, and associated equipment 

consume significant quantities of energy, and any gains of efficiency will likely translate to significant cost savings. The adoption 

of innovative business practices will also help contribute to the reduction of the energy consumption for these resources. The Department should continue to undertake further measures to reduce energy consumption in its information technology enterprise, and 

keep industry and academia aware of opportunities for them to 

support efforts in this area. 


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Public disclosure of names of students and instructors at Western 

Hemisphere Institute for Security Cooperation 

The House bill contained a provision (sec. 1079) that would require the Secretary of Defense 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. 

The Senate bill contained no similar provision. 

The agreement does not include this provision. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Authority to waive annual limitation on premium pay and aggregate limitation on pay for federal civilian employees working 

overseas (sec. 1101) 

The House bill contained a provision (sec. 1101) that would extend for an additional year the authority of a head of a federal 

agency to waive the limitations on the amount of premium pay that 

may be given to a civilian employee who performs certain work in 

an overseas location that falls under the responsibility of the 

United States Central Command, or in support of a military operation or responding to an emergency declared by the President. The 

total compensation would be limited to $212,100 for the calendar 

year. 

The Senate bill contained a provision (sec. 1108) that would authorize the head of an executive agency to waive limitations on the 

aggregate of basic and premium pay, and on allowances, differentials, bonuses, awards, and similar cash payments payable during 

calendar year 2009 to an employee who performs work in an overseas location under the area of responsibility of the Commander, 

United States Central Command, in support of a contingency operation or an operation in response to a declared emergency. The 

total amount payable may not exceed the total annual compensation payable to the Vice President under section 104 of title 3, 

United States Code. 

The agreement includes the Senate provision with an amendment that would account for the possibility of certain employees no 

longer working under the area of responsibility of the United 

States Central Command due to the changes that would accompany 

the stand up of the United States Africa Command. The amendment would also address the manner in which premium pay caps 

and aggregate compensation limits are handled. 

Temporary discretionary authority to grant allowances, benefits, 

and gratuities to personnel on official duty in a combat zone 

(sec. 1102) 

The House bill contained a provision (sec. 1107) that would provide temporary discretionary authority to federal agencies to grant 

allowances, benefits, and gratuities comparable to those provided to 

members of the foreign service to an agency’s civilian employees on 

official duty in a combat zone. This authority would expire in 2011. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 


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Election of insurance coverage by federal civilian employees deployed in support of a contingency operation (sec. 1103) 

The Senate bill contained a provision (sec. 1105) that would authorize federal civilian employees deployed in support of a contingency operation and Department of Defense employees designated 

as emergency essential to elect to receive automatic life insurance 

coverage upon notification of deployment or designation. The provision would also authorize such civilian employees to elect optional 

life insurance or additional optional life insurance within 60 days 

after the employee’s date of notification of deployment or designation. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Extension of authority to make lump-sum severance payments (sec. 

1104) 

The House bill contained a provision (sec. 1102) that would extend until the end of fiscal year 2014 the authority of the Secretary 

of Defense or the secretaries of the military departments to pay an 

employee the total amount of severance pay in one lump sum. 

The Senate bill contained a similar provision (sec. 1107). 

The agreement includes the House provision. 

Extension of voluntary reduction-in-force authority of Department of 

Defense (sec. 1105) 

The House bill contained a provision (sec. 1103) that would extend, from 2010 to 2014, existing authorities under section 

3502(f)(5) of title 5, United States Code, to allow an employee who 

is not affected by a reduction in force (RIF) to volunteer to be separated to protect another employee from being involuntarily separated by RIF procedures. 

The Senate bill contained a provision (sec. 1106) that would 

make permanent the authority under section 3502(f) of title 5, 

United States Code. 

The agreement includes the House provision. 

Enhancement of authorities relating to additional positions under 

the National Security Personnel System (sec. 1106) 

The Senate bill contained a provision (sec. 1103) that would clarify the authority of the Department of Defense (DOD) to utilize 

streamlined hiring practices under the National Security Personnel 

System (NSPS). 

The House bill contained no similar provision. 

The agreement includes the Senate provision with a clarifying 

amendment. 

The National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181) substantially revised the Department’s authority under the NSPS legislation, with the objective of restoring 

the collective bargaining rights of DOD employees. Unfortunately, 

proposed regulations, issued May 22, 2008, to implement that legislation would restrict such rights by unilaterally removing negotiable issues from the scope of collective bargaining. In particular, 

the law provided that while unions would not be able to negotiate 

over the ‘‘rate of pay,’’ they would be permitted to bargain over 


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‘‘procedures and appropriate arrangements,’’ as defined in chapter 

71 of title 5, United States Code, regarding pay. However, the proposed regulations define ‘‘rate of pay’’ so broadly that it would be 

impossible to negotiate over any procedures or appropriate arrangements. We intend to carefully scrutinize the final regulation 

when published. Should it fail to comport with the intent of Congress to restore the collective bargaining rights of DOD employees, 

we shall revisit the issue in the National Defense Authorization 

Act for Fiscal Year 2010. 

Expedited hiring authority for health care professionals (sec. 1107) 

The House bill contained a provision (sec. 1105) that would 

amend section 1599c of title 10, United States Code, to authorize 

the Secretary of Defense to designate any category of medical or 

health care professional position within the Department of Defense 

as a shortage category position, and would authorize the Secretary 

to recruit and appoint highly qualified individuals directly to those 

designated positions. This bill would also extend health care hiring 

authorities under this section until September 30, 2012. 

The Senate bill contained a similar provision (sec. 1104). 

The agreement includes the House provision. 

Direct hire authority at personnel demonstration laboratories for 

certain candidates (sec. 1108) 

The House bill contained a provision (sec. 1109) that would authorize the Secretary of Defense to make a limited number of appointments to positions at specified defense laboratories using expedited hiring procedures. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that clarifies that the authority is intended for the purposes of hiring a limited number of qualified candidates with advanced degrees 

into scientific and engineering positions in specified defense laboratories. There are clear difficulties facing defense laboratories in recruiting and retaining a highly qualified, technical workforce to 

support their designated national security missions. It is expected 

that this authority, if aggressively implemented, will assist in addressing these challenges. 

Status reports relating to laboratory personnel demonstration 

projects (sec. 1109) 

The House bill contained a provision (sec. 1110) that would require status reports on the utilization of personnel authorities 

granted to the Department of Defense related to the laboratory personnel demonstration program. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that clarifies that the report should include information on any defense laboratories that are seeking to be newly designated as a 

demonstration laboratory and the status of those applications. The 

amendment also clarifies that the designation of a ‘‘demonstration 

laboratory’’ is distinct from the designation of a ‘‘science and technology reinvention laboratory.’’ 


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Technical amendment relating to definition of professional accounting position for purposes of certification and credentialing 

standards (sec. 1110 ) 

The House bill contained a provision (sec. 1104) that would 

amend section 1599d(e) of title 10, United States Code, to update 

the definition of a ‘‘professional accounting position.’’ 

The Senate bill contained a similar provision (sec. 1109). 

The agreement includes the Senate provision. 

Exceptions and adjustments to limitations on personnel and reports 

on such exceptions and adjustments (sec. 1111) 

The House bill contained a provision (sec. 1106) that would authorize the Secretary of Defense to adjust statutory ceilings on 

management headquarters personnel. 

The Senate bill contained a provision (sec. 903) that would repeal 

the ceilings. 

The agreement includes the House provision with an amendment 

that would establish certain exceptions to the ceilings and authorize the Secretary of Defense to adjust the ceilings. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Department of Defense strategic human capital plans 

The Senate bill contained a provision (sec. 1101) that would codify the requirement for the Secretary of Defense to submit an annual strategic human capital plan and consolidate the requirements of section 1122 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163), section 1102 of the John 

Warner National Defense Authorization Act for Fiscal Year 2007 

(Public Law 109–364), and section 851 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181). 

The House bill contained no similar provision. 

The agreement does not include the provision. 

Conditional increase in authorized number of Defense Intelligence 

Senior Executive Service personnel 

The Senate bill contained a provision (sec. 1102) that would increase the authorized number of Defense Intelligence Senior Executive Service personnel, provided that certain conditions are met. 

The House bill contained no similar provision. 

The agreement does not include the provision. 

Requirement relating to furloughs during the time of a contingency 

operation 

The House bill contained a provision (sec. 1108) that would require the Secretary of Defense to certify that he has no other legal 

measures available to avoid issuing furlough notices to civilian employees of the Department of Defense on the basis of a lack of 

funds during contingency operations. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

We expect that execution of a furlough of civilian employees during a contingency operation will be a measure of last resort only, 


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after all other alternative actions are taken or considered, in order 

to avoid disruption of civilian workforce operations. 

TITLE XII—MATTERS RELATING TO FOREIGN 

NATIONS 

Subtitle A—Assistance and Training 

Extension of authority to build the capacity of the Pakistan Frontier 

Corps (sec. 1201) 

The House bill contained a provision (sec. 1201) that would extend through fiscal year 2010 the authority under section 1206 of 

the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) for the Secretary of Defense, with the concurrence 

of the Secretary of State, to provide up to $75.0 million in assistance to enhance the ability of the Pakistan Frontier Corps to conduct counterterrorism operations along the border between Pakistan and Afghanistan. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

to extend this authority through fiscal year 2009 and limit the authorized funding level for such assistance to $25.0 million. We note 

that the Department of State intends to seek Foreign Military Financing funding for the Pakistan Frontier Corps program in fiscal 

year 2009 and encourage the transition of funding for this program 

from the Department of Defense to the Department of State. 

Availability across fiscal years of funds for military-to-military contacts and comparable activities (sec. 1202) 

The House bill contained a provision (sec. 1202) that would 

amend section 168(e) of title 10, United States Code, to allow funds 

authorized under that section in a fiscal year to be used for programs that begin in that fiscal year but end in the following one, 

starting with fiscal year 2009. 

The Senate bill contained a similar provision (sec. 1211). 

The agreement includes the Senate provision. 

Availability across fiscal years of funds to pay incremental expenses 

for participation of developing countries in combined exercises 

(sec. 1203) 

The House bill contained a provision (sec. 1203) that would 

amend section 2010 of title 10, United States Code, to allow funds 

authorized under that section in any fiscal year to be available for 

programs that begin in that fiscal year but end in the following 

one, beginning in fiscal year 2009. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 

Extension of temporary authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability (sec. 1204) 

The House bill contained a provision (sec. 1204) that would extend the authority granted by section 1202 of the John Warner NaVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00746 Fmt 6602 Sfmt 6602 E:\HR\OC\B707.XXX B707

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tional Defense Authorization Act for Fiscal Year 2007 (Public Law 

109–364), as amended by section 1252 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181), through 

September 30, 2010. This provision would also add two elements to 

the existing reporting requirement regarding types and disposition 

of equipment lent to foreign nations but not returned to the United 

States. 

The Senate bill contained a provision (sec. 1206) that would extend the section 1202 authority through September 30, 2013. 

The agreement includes the House provision with an amendment 

to extend the section 1202 authority through September 30, 2011. 

Authority for distribution to certain foreign personnel of education 

and training materials and information technology to enhance 

military interoperability with the armed forces (sec. 1205) 

The House bill contained a provision (sec. 1205) that would 

amend section 1207 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) to extend the 

authority through fiscal year 2009. 

The Senate bill contained a provision (sec. 1202) that would 

make permanent the authority provided under section 1207 of the 

John Warner National Defense Authorization Act for Fiscal Year 

2007 (Public Law 109–364). 

The agreement includes the Senate provision with an amendment that would require that the annual report on the use of this 

authority, which is provided to the Committees on Armed Services 

of the Senate and the House of Representatives, also be provided 

to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. 

Modification and extension of authorities relating to program to 

build the capacity of foreign military forces (sec. 1206) 

The House bill contained a provision (sec. 1206) that would extend through fiscal year 2010 the authority provided in section 

1206 of the National Defense Authorization Act for Fiscal Year 

2006 (Public Law 109–163). The provision would also permit the 

use of funds provided in a fiscal year for programs to build the capacity of foreign military forces that began in that fiscal year but 

continued into the next fiscal year. 

The Senate bill contained a provision (sec. 1204) that would extend and modify the authority under section 1206 of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 109– 

163). The provision would expand the types of security forces eligible to be trained and equipped under this authority and increase 

the annual limitation on authorized funding from $300.0 million to 

$400.0 million. The provision would also extend the section 1206 

authority through September 30, 2011. 

The agreement includes the Senate provision with an amendment that would expand the types of security forces eligible to receive assistance under this section to include maritime security 

forces for the purpose of building capacity to conduct 

counterterrorism operations. The amendment would also increase 

the authorized funding level to $350.0 million per fiscal year. The 

amendment would allow funds available in a fiscal year to be used 


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for programs that begin in that fiscal year but end in the next fiscal year. The amendment would extend the section 1206 authority 

through September 30, 2011. 

The train and equip authority under section 1206 was initiated 

as a pilot program and is generally intended to address emerging 

needs for building the capacity of foreign military forces, particularly those of developing or other countries that otherwise would be 

unable to build this capacity on their own. This authority is not intended to duplicate or substitute for other foreign assistance authorities, nor is it intended to sustain, train and equip programs 

over multiple years. We continue to view this authority as provisional and intend to continue to carefully monitor its implementation. 

Moreover, as clearly articulated in the conference report accompanying the John Warner National Defense Authorization Act for 

Fiscal Year 2007 (Public Law 109–364), we continue to believe 

strongly that foreign assistance programs are more appropriately 

funded through the foreign assistance accounts, as administered by 

the Department of State, and expect future budget requests to include sufficient funding for foreign military assistance in those accounts. 

It is essential that the Department choose projects that strictly 

meet the criteria stipulated by the authority—projects that will 

contribute directly to building the capacity of a foreign country’s 

national military forces to conduct counterterrorist operations or 

participate in or support military and stability operations in which 

the United States armed forces are participants. When this authority is used for counterterrorism purposes, nations that face a 

known terrorist threat, and that do not have the resources to build 

their military capacity without U.S. assistance, should be given the 

highest priority. 

Extension of authority and increased funding for security and stabilization assistance (sec. 1207) 

The House bill contained a provision (sec. 1207) that would extend the authority provided under section 1207 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163), 

as amended by section 1210 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181), through September 

30, 2010. 

The Senate bill contained a similar provision (sec. 1205) that 

would extend the section 1207 authority through September 30, 

2011, and increase the authorized annual funding level from $100.0 

million to $200.0 million. 

The agreement includes the Senate provision with an amendment that would extend the 1207 authority through September 30, 

2009. The amendment provides that up to $50.0 million in assistance under section 1207 may be provided to the Republic of Georgia, without that assistance counting against the authorized annual funding limit of $100.0 million. The amendment also clarifies 

that Section 1207 authority is not to be used to provide budgetary 

support to a foreign country. 

The Congress established this authority as a temporary measure 

to allow the Department of Defense to support Department of State 


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efforts to address security and stabilization missions. Budget proposals for the Department of State should provide adequate resources to accomplish those missions without relying on this temporary transfer authority, and we urge the administration to request sufficient funding for the Department of State in future 

budget submissions. 

Extension and expansion of authority for support of special operations to combat terrorism (sec. 1208) 

The House bill contained a provision (sec. 1208) that would make 

permanent the authority provided in section 1208 of the Ronald 

Reagan National Defense Authorization Act for Fiscal Year 2005 

(Public Law 108–375) for the Secretary of Defense to provide assistance to foreign forces, irregular forces, groups or individuals 

supporting or facilitating military operations by U.S. special operations forces to combat terrorism. The provision would also increase the amount that may be expended during any fiscal year 

from $25.0 million to $35.0 million. 

The Senate bill contained a similar provision (sec. 1203) that 

would extend the section 1208 authority through 2011 and also increase the authorized annual funding level to $35.0 million. 

The agreement includes the Senate provision with an amendment extending this authority through 2013. 

Increase in amount available for costs of education and training of 

foreign military forces under Regional Defense Combating Terrorism Fellowship Program (sec. 1209) 

The House bill contained a provision (sec. 1209) that would 

amend section 2249(c) of title 10, United States Code, to increase 

the authorized annual funding level for the Regional Defense Combating Terrorism Fellowship Program from $25.0 million to $35.0 

million. 

The Senate bill (sec. 1201) contained a similar provision. 

The agreement includes the Senate provision. 

Subtitle B—Matters Relating to Iraq and Afghanistan 

Limitation on availability of funds for certain purposes relating to 

Iraq (sec. 1211) 

The House bill contained a provision (sec. 1211) that would prohibit the use of funds authorized by this Act or any other act to 

establish any military bases in Iraq for the permanent stationing 

of United States Armed Forces in that country or to establish U.S. 

control over Iraqi oil resources. 

The Senate bill contained a similar provision (sec. 2913) applicable to the use of funds authorized by this Act only. 

The agreement includes the Senate provision. 

Report on status of forces agreements between the United States and 

Iraq (sec. 1212) 

The House bill contained a provision (sec. 1212) that would require the President to submit a report to the Committees on Armed 

Services of the Senate and the House of Representatives, the Senate Committee on Foreign Relations, and the House Committee on 


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Foreign Affairs within 90 days after the date of enactment of this 

Act on any status of forces agreement between the United States 

and the Republic of Iraq. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Strategy for United States-led Provincial Reconstruction Teams in 

Iraq (sec. 1213) 

The House bill contained a provision (sec. 1213) that would require the President to establish a strategy for U.S.-led Provincial 

Reconstruction Teams (PRTs) in Iraq to ensure those PRTs are 

supporting the operational and strategic goals of coalition forces in 

Iraq. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would clarify that the strategy established by the President 

should also ensure that PRTs are developing the capacity of Iraqi 

government and other civil institutions to assume increasing responsibility for the formulation, implementation, and oversight of 

reconstruction and development activities. 

Commanders’ Emergency Response Program (sec. 1214) 

The House bill contained a provision (sec. 1214) that would 

amend section 1202 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163), as amended by section 

1205 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181), to modify the authorized level of funding for the activities of the Commanders’ Emergency Response Program (CERP). The provision would authorize $1.7 billion for the activities of this program in fiscal year 2008, and $1.5 billion in fiscal 

year 2009. The provision would also impose a new limitation on the 

amounts that could be obligated and expended through the CERP 

in the Republic of Iraq during fiscal year 2009 of twice the amount 

obligated during calendar year 2008 by the Government of Iraq 

through the Government of Iraq CERP (I–CERP). 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would amend section 1202 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163), as amended by 

section 1205 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181), to authorize $1.7 billion for the 

activities of this program in fiscal year 2008, and $1.5 billion in fiscal year 2009. The provision would also impose a limitation of $2.0 

million on the amount of U.S. CERP funds that could be contributed to any individual humanitarian and reconstruction project in 

Iraq. The provision would allow the Secretary of Defense to waive 

this limitation if he determines that a waiver is required to meet 

urgent humanitarian relief and reconstruction requirements that 

will immediately assist the Iraqi people. The provision would also 

require the Secretary, or the Deputy Secretary of Defense, to certify that any project that is funded with U.S. CERP funds at a level 

of $1.0 million or more addresses urgent humanitarian relief and 

reconstruction requirements that will immediately assist the Iraqi 


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people. The amendment would also require certain elements be included in the quarterly CERP reports to the congressional defense 

committees. The amendment also includes a sense of the Congress 

that the Government of Iraq should assume increasing responsibility for funding and carrying out projects currently funded by the 

United States through CERP, and should assume all costs associated with the Sons of Iraq as expeditiously as possible. 

Performance monitoring system for United States-led Provincial Reconstruction Teams in Afghanistan (sec. 1215) 

The House bill contained a provision (sec. 1215) that would require the President to develop and implement a system for monitoring the performance of U.S.-led Provincial Reconstruction Teams 

(PRTs) in Afghanistan. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would clarify that the PRT-specific work plans, required as 

part of the performance monitoring system, will include plans for 

developing the capacity of the Afghan government and other civil 

institutions to assume increasing responsibility for the formulation, 

implementation, and oversight of reconstruction and development 

activities. 

Report on command and control structure for military forces operating in Afghanistan (sec. 1216) 

The House bill contained a provision (sec. 1216) that would require the Secretary of Defense to report on the command and control structure for military forces operating in Afghanistan. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to report on any efforts 

to modify the chain of command structure for military forces in Afghanistan to better coordinate and de-conflict military operations 

and achieve unity of command whenever possible in Afghanistan. 

We welcome the decision to dual-hat the position of Commander, 

International Security Assistance Force, and Commander, U.S. 

Forces Afghanistan. 

The report required by this section, or the report required by section 1230 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181), should identify which offices in the 

U.S. and NATO ISAF military headquarters are responsible for coordinating counternarcotics operations. That report should also include an assessment of the coordination between U.S. and NATO 

ISAF military forces, and the Government of Afghanistan to coordinate and de-conflict operations relating to or in support of the 

counternarcotics activities of the national and provincial governments of Afghanistan and of other Departments and agencies of the 

United States and other member countries of NATO ISAF. 

Reports on enhancing security and stability in the region along the 

border of Afghanistan and Pakistan (sec. 1217) 

The House bill contained a provision (sec. 1217) that would add 

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ents of the notifications, required under section 1232(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 

110–181), relating to Department of Defense Coalition Support 

Funds for Pakistan. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Secretary of Defense to provide copies of the 

notifications required under section 1232(b) to the Committee on 

Foreign Relations of the Senate and Committee on Foreign Affairs 

of the House. The amendment further specifies additional information to be provided in the notification required under section 

1232(b) or within 180 days if not submitted as part of the notification. 

The amendment to the House provision also requires the Secretary of Defense to provide semi-annually the report required by 

section 1232(a) on enhancing security and stability in the region 

along the border of Afghanistan and Pakistan. 

In addition, the amendment to the House provision requires the 

Secretary of Defense to provide a report on the efforts of the Department of Defense to address the findings and implement the 

recommendations of the report by the Government Accountability 

Office entitled ‘‘Combating Terrorism: Increased Oversight and Accountability Needed Over Pakistan Reimbursement Claims for Coalition Support Funds.’’ The report’s recommendations include: that 

the Department of Defense consistently implement strong guidance 

concerning reimbursements to the Pakistan Government; that the 

Department of Defense define and formalize the roles and responsibilities of the Department of Defense’s Office of Defense Representative to Pakistan concerning such reimbursements; that the 

Department of Defense clarify guidance for the Department of Defense Comptroller in connection with such reimbursements; and 

that the Department of Defense work with the Government of 

Pakistan to develop procedures to allow the Office of the Defense 

Representative to Pakistan or other U.S. representatives to conduct 

greater oversight of such reimbursements. 

Study and report on Police Transition Teams to train, assist, and 

advise units of the Iraqi Police Service (sec. 1218) 

The House bill contained a provision (sec. 1218) that would require the Secretary of Defense to submit a report within 60 days 

after the date of enactment of this Act regarding the staffing and 

funding of Police Training Teams in Iraq. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Subtitle C—Other Matters 

Payment of personnel expenses for multilateral cooperation programs (sec. 1231) 

The House bill contained a provision (sec. 1231) that would 

amend section 1051(a) of title 10, United States Code, to authorize 

payment by the Secretary of Defense of the travel, subsistence, and 

personal expenses of defense personnel of developing countries in 


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connection with the attendance of such personnel at multilateral 

conferences, seminars, or similar meetings when in the national security interests of the United States. 

The Senate bill contained a similar provision (sec. 1213). 

The agreement includes the Senate provision with a technical 

amendment. 

Participation of the Department of Defense in multinational military centers of excellence (sec. 1232) 

The House bill contained a provision (sec. 1232) that would extend through fiscal year 2009 the authority granted by section 1205 

of the John Warner National Defense Authorization Act for Fiscal 

Year 2007 (Public Law 109–364), as amended by section 1204 of 

the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181), for Department of Defense personnel to participate in North Atlantic Treaty Organization multinational military 

centers of excellence. 

The Senate bill contained a provision (sec. 1214) that would 

make permanent the authority granted by section 1205 of the John 

Warner National Defense Authorization Act for Fiscal Year 2007 

(Public Law 109–364). 

The agreement includes the Senate provision with a clarifying 

amendment. 

Review of security risks of participation by defense contractors in 

certain space activities of the People’s Republic of China (sec. 

1233) 

The House bill contained a provision (sec. 1233) that would prohibit the Secretary of Defense from obligating or expending any fiscal year 2009 or other fiscal year funds available to the Department of Defense (DOD) for classified work under contracts with a 

company if that company or affiliate is engaged with the People’s 

Republic of China in the development of ‘‘ITAR-free’’ satellites. The 

restriction could be waived following a certification by the Secretary of Defense in consultation with the Secretary of State. The 

requirement to implement the restriction would not take effect 

until 60 days after enactment or if the Secretary of Defense submits a report to the congressional defense committees with a determination that implementation of the requirement does not promote 

the national interest. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would direct the Secretary of Defense to conduct a review to 

determine whether there are any security risks associated with the 

participation by covered contractors in certain space activities of 

the People’s Republic of China. The provision would direct the Secretary of Defense to submit a report to the congressional defense 

committees setting forth the conclusions of the review by March 1, 

2009. 

One of the elements of the review to be conducted is whether 

there have been any incidents with respect to which a determination has been made that an improper disclosure of covered information occurred during the 5 year period preceding the date of enactment. We would urge, in the event that the Secretary determines 


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that such an event has occurred after the date of enactment and 

before the due date of the report, that any such incident should be 

included to the extent practicable. 

Given the nature of the subject matter in the report we expect 

it to be classified, but to the extent practicable an unclassified summary should be submitted. 

Report on Iran’s capability to produce nuclear weapons (sec. 1234) 

The House bill contained a provision (sec. 1234) that would direct 

the Director of National Intelligence (DNI) to submit to Congress, 

180 days after the enactment of this Act and annually thereafter, 

an update of the National Intelligence Estimate entitled ‘‘Iran: Nuclear Intentions and Capabilities’’ dated November 2007. The 

issues to be addressed in the report include, the status of Iran’s 

uranium enrichment program; an estimate of the amount of weapons grade material held by Iran; a description of weaponization and 

delivery system activities; and an assessment made by US allies of 

Iran’s nuclear weapons capabilities. 

The provision would direct the DNI to notify Congress within 15 

days if there were significant changes in the Iranian program. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would direct the DNI to submit an annual report on Iran’s capacity to produce nuclear weapons. The first report is due not later 

than 180 days after the date of enactment of this Act. The report 

may be submitted in classified form. The amendment would also 

modify the issues to address the uranium enrichment program and 

to address plutonium production capabilities. In addition, the 

President would be required to notify Congress if Iran resumes its 

nuclear weapons program. 

The report required by this provision shall be prepared following 

standard procedures used to produce reports by the national intelligence community and should include dissenting opinions from 

other intelligence community elements. 

Employment for resettled Iraqis (sec. 1235) 

The House bill contained a provision (sec. 1235) that would create a joint Department of Defense/Department of State program for 

the purpose of hiring Iraqis, who supported the United States’ efforts in Iraq and have resettled in the U.S., as interpreters, translators, and cultural awareness instructors for agencies of the Federal Government. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Extension and modification of updates on report on claims relating 

to the bombing of the Labelle Discotheque (sec. 1236) 

The Senate bill contained a provision (sec. 1231) that would extend and modify a reporting requirement on the status of negotiations between the Government of Libya and United States claimants in connection with the bombing of the Labelle Discotheque in 

Berlin, Germany, that occurred in April 1986. The reporting requirement is an extension of section 1225 of the National Defense 


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Authorization Act for Fiscal Year 2006 (Public Law 109–163) and 

section 1261 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181). 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would require the next report to be submitted not later 

than 90 days following the enactment of this Act, and that subsequent reports be submitted every 180 days thereafter. The amendment would further terminate the reporting requirement upon submission by the Secretary of State to Congress of the certification 

described in the Libya Claims Resolution Act (Public Law 110– 

301). 

We note the recent enactment of the Libya Claims Resolution Act 

and are hopeful the cases of the American victims of Libyan-sponsored acts of terrorism can be resolved in short order. We will continue to monitor the implementation of the Libya Claims Resolution Act. 

Report on utilization of certain global partnership authorities (sec. 

1237) 

The Senate bill contained a provision (sec. 1232) that would require the Secretary of Defense, in consultation with the Secretary 

of State, to submit a report not later than December 31, 2010, on 

the implementation of certain Building Global Partnership authorities. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Modification and repeal of requirement to submit certain annual reports to Congress regarding allied contributions to the common 

defense (sec. 1238) 

The Senate bill contained a provision (sec. 1051) that would repeal certain requirements for the Secretary of Defense to report annually on allied contributions to the common defense and on 

costsharing by North Atlantic Treaty Organization (NATO) allies. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would repeal the reporting requirement regarding NATO 

cost-sharing and modify the other reports to require the Secretary 

of Defense to provide information on allied annual defense spending and contributions to military and stability operations in which 

United States Armed Forces participate. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Declaration of policy relating to status of forces agreements between 

the United States and Iraq 

The House bill contained a provision (sec. 1219) that would declare that it is U.S. policy to ensure that any agreement between 

the United States and Iraq on the status of U.S. forces requires 

burden-sharing by the Government of Iraq in support of U.S. 

Armed Forces stationed in Iraq. 

The Senate bill contained no similar provision. 


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The agreement does not include the House provision. We note 

that the agreement includes a provision (sec. 1508) calling for the 

United States to initiate negotiations with Iraq on a cost-sharing 

agreement relating to the costs of combined operations of Iraqi Security Forces and Multi-National Force-Iraq. 

Limitation on certain status of forces agreements between the 

United States and Iraq 

The House bill contained a provision (sec. 1220) that would prohibit any agreement between the United States and Iraq that obligates the United States to respond to internal or external threats 

against Iraq from being in force with respect to the United States 

unless the agreement is approved by Congress, either in the form 

of a treaty or by an Act of Congress enacted after the date of this 

Act. 

The Senate bill contained no similar provision. 

The agreement does not include the House provision. It is well 

established that any agreement that obligates the United States to 

come to the defense of another country against internal or external 

threats must be approved by Congress. There is no need to restate 

the current state of existing law in this Act. 

Report on long-term costs of Operation Iraqi Freedom and Operation Enduring Freedom 

The House bill contained a provision (sec. 1221) that would require the President to submit to Congress a report estimating the 

long-term direct and indirect costs of Operations Iraqi Freedom and 

Enduring Freedom under three different scenarios. 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 

Waiver of certain sanctions against North Korea 

The Senate bill contained a provision (sec. 1221) that would provide the President with limited authority to waive, with respect to 

North Korea, the application of sanctions under section 102(b) of 

the Arms Export Control Act (22 U.S.C. 2799aa–1(b)). The President would be required to notify Congress 15 days in advance of 

exercising such waiver authority. In addition, the provision would 

require the President to submit an annual report to Congress listing all the waivers granted during the preceding year and describe 

in detail the progress being made by North Korea in implementing 

the commitments included in the Joint Statement of September 19, 

2005, to abandon all nuclear weapons, existing nuclear programs, 

and all other programs associated with the elimination of the ability of North Korea to develop, deploy, transfer, or maintain weapons of mass destruction or their delivery systems. 

The House bill contained no similar provision. 

The agreement does not include the provision. A similar provision was included in the Supplemental Appropriations Act for Fiscal Year 2008 (Public Law 110–252). 


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TITLE XIII—COOPERATIVE THREAT REDUCTION 

WITH STATES OF THE FORMER SOVIET UNION 

Specification of Cooperative Threat Reduction programs and funds 

(sec. 1301) 

The House bill contained a provision (sec. 1301) that would define the Cooperative Threat Reduction (CTR) programs, define the 

funds authorized to be appropriated in section 301 of the bill, and 

authorize CTR funds to be available for obligation for 3 years. 

The Senate bill contained a similar provision (sec. 1301). 

The agreement includes the House provision with a technical 

amendment. 

Funding allocations (sec. 1302) 

The House bill contained a provision (sec. 1302) that would authorize $445.1 million for the Cooperative Threat Reduction (CTR) 

program. 

The Senate bill contained a similar provision that would authorize $434.1 million (sec. 1302). 

The agreement includes the House provision with an amendment 

that would authorize $434.1 million for the CTR program, an increase of $20.0 million above the budget request. In addition, the 

agreement would reduce the notification period for obligations and 

expenditures to 15 days from 30 days. The Agreement would also 

authorize a specific amount for each of the CTR program elements. 

The agreement authorizes an increase of $10.0 million for new initiatives including activities in states outside of the former Soviet 

Union, $1.0 million for additional expenses associated with the 

Russian chemical weapons destruction activities, and an increase of 

$9.0 million for weapons of mass destruction proliferation prevention in the former Soviet Union. 

TITLE XIV—OTHER AUTHORIZATIONS 


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Subtitle A—Military Programs 

Working capital funds (sec. 1401) 

The House bill contained a provision (sec. 1401) that would authorize appropriations for the working capital funds of the Department of Defense, including the Defense Commissary Agency. 

The Senate bill contained an identical provision (sec. 1401). 

The agreement includes this provision. 

National Defense Sealift Fund (sec. 1402) 

The House bill contained a provision (sec. 1402) that would authorize appropriations for the National Defense Sealift Fund. 

The Senate bill contained a similar provision (sec. 1402). 

The agreement includes this provision. 

Defense Health Program (sec. 1403) 

The House bill contained a provision (sec. 1403) that would authorize fiscal year 2009 funds for the Defense Health Program and 

other programs. 

The Senate bill contained a similar provision (sec. 1403). 

The agreement includes this provision. 

Chemical agents and munitions destruction, Defense (sec. 1404) 

The House bill contained a provision (sec. 1404) that would authorize appropriations for chemical agents and munitions destruction. 

The Senate bill contained an identical provision (sec. 1404). 

The agreement includes this provision. 

Drug Interdiction and Counterdrug Activities, Defense-wide (sec. 

1405) 

The House bill contained a provision (sec. 1405) that would authorize fiscal year 2009 funds for drug interdiction and counterdrug 

activities and other programs. 

The Senate bill contained a similar provision authorizing appropriations for drug interdiction and counterdrug activities (sec. 

1405). 

The agreement includes the provision. 

Defense Inspector General (sec. 1406) 

The House bill contained a provision (sec. 1406) that would authorize appropriations for the Inspector General of the Department 

of Defense. 

The Senate bill contained an identical provision (sec. 1406). 

The agreement includes this provision. 

National Defense Sealift Fund amendments (sec. 1407) 

The House bill contained a provision (sec. 1014) that would 

change the definition of what vessels would be funded within the 

National Defense Sealift Fund (NDSF) account, and would strike 

subsection (J) of section 2218 of title 10, United States Code, which 

allows the Secretary of Defense to transfer resources within the 

NDSF if he determines that the action serves the national defense 

interest. 


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The Senate bill contained a similar provision (sec. 1432) that 

would change the definition of what vessels would be funded in the 

NDSF. 

The agreement includes the House provision. 

Subtitle B—National Defense Stockpile 

Authorized uses of National Defense Stockpile funds (sec. 1411) 

The House bill contained a provision (sec. 1411) that would authorize $41.2 million from the National Defense Stockpile Transaction Fund for the operation and maintenance of the National Defense Stockpile for fiscal year 2009. This section would also permit 

the use of additional funds for extraordinary or emergency conditions 45 days after Congress receives notification. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Revisions to previously authorized disposals from the National Defense Stockpile (sec. 1412) 

The House bill contained a provision (sec. 1412) that would authorize revisions on limitations in National Defense Stockpile 

(NDS) by amending section 3303(a) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 

105–261), as amended most recently by section 1412(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 

110–181) to increase the Department’s disposal authority from $1.1 

billion to $1.5 billion. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would increase the Department’s disposal authority from $1.1 

billion to $1.4 billion. 

We note that in June 2008 the Deputy Under Secretary of Defense for Logistics and Materiel Readiness determined the need to 

suspend, or limit, the authorized sales of selected materials in the 

NDS inventory pending a review of critical and strategic materials. 

This provision is not intended to supersede this determination, but 

to provide additional authority if the Department’s review of materials justifies continued sales. 

Subtitle C—Armed Forces Retirement Home 

Authorization of appropriations for Armed Forces Retirement Home 

(sec. 1421) 

The House bill contained a provision (sec. 1421) that would authorize $63.0 million to be appropriated for fiscal year 2009 from 

the Armed Forces Retirement Home Trust Fund for the operation 

of the Armed Forces Retirement Home. 

The Senate bill contained a similar provision (sec. 1421). 

The agreement includes the Senate provision. 


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

LEGISLATIVE PROVISIONS ADOPTED

Authorization of additional appropriations for operations in Afghanistan and Iraq for fiscal year 2009 (sec. 1501) 

The House bill contained a series of provisions (sections 1501– 

1507 and 1509–1515) that would authorize $70.0 billion in fiscal 

year 2009 appropriations for military operations in Afghanistan 

and Iraq. 

The Senate bill contained a series of provisions (sections 1501– 

1512) that would authorize $19.9 billion in fiscal year 2009 funding 

for military operations in Afghanistan. 

The Senate bill also contained a series of provisions (sections 

1601–1613) that would authorize $49.6 billion in fiscal year 2009 

funding for military operations in Iraq. 

The agreement includes a provision that would authorize $66.0 

billion in fiscal year 2009 appropriations for operations in Iraq and 

Afghanistan in accordance with the funding provided in Chapter 2 

of title IX of the Supplemental Appropriations Act, 2008 (Public 

Law 110–252). 

The agreement would also authorize $2.1 billion for an additional 

six C–17 aircraft. 

Requirement for separate display of budgets for Afghanistan and 

Iraq (sec. 1502) 

The House bill contained a provision (sec. 1002) that would require the Secretary of Defense, for any annual or supplemental 

budget request of the Department of Defense, to clearly and separately set forth any funding requested for any U.S. operations in 

Afghanistan. 

The House bill also contained a provision (sec. 1003) that would 

require a similar separate budget display for operations in Iraq. 

The Senate bill contained a similar provision (sec. 1516) that 

would require a separate budget display for funding of operations 

in Afghanistan. 

The agreement combines the House and Senate provisions into 

a single provision that would require separate budget displays for 

operations in Afghanistan and operations in Iraq. 

Joint improvised explosive device defeat fund (sec. 1503) 

The House bill contained a provision (sec. 1507) that would authorize funding for the Joint Improvised Explosive Device Defeat 

Fund (JIEDDF). This section would require that of the funds appropriated to the Joint Improvised Explosive Device Defeat Fund, 

$50.0 million shall be made available for the rapid fielding of additional Aerial Reconnaissance Multi-Sensor platforms for tactical operations in Operation Iraqi Freedom and Operation Enduring Freedom. 


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The Senate bill contained two similar provisions (sec. 1505 and 

sec. 1605) both of which would authorize funding for the Joint Improvised Explosive Device Defeat Fund. 

The agreement includes a provision authorizing funding for the 

Joint Improvised Explosive Device Defeat Fund. 

We urge the Joint Improvised Explosive Device Defeat Organiza- tion (JIEDDO) to direct $5.0 million each to ongoing Marine Corps 

and Army efforts to develop specialized improvised explosive device 

(IED) dog teams. The Marine Corps program has already deployed 

IED dog teams embedded with combat forces successfully to Iraq 

and intends to expand the program. JIEDDO has been funding the 

development of specialized IED dog team capabilities in the Army 

($2.75 million in fiscal years 2008 and 2009), and the Army is now 

fielding its first embedded IED dog team with a Brigade Combat 

team (BCT). However, the Marine Corps needs additional funds to 

sustain its research and development program, and the Army will 

be able to field this counter-IED capability to only one BCT in fiscal year 2009 unless JIEDDO provides additional funds or the 

Army re-prioritizes its military working dog budget. We direct the 

director of JIEDDO, the Deputy Chief of Staff of the Army for Intelligence, and the Army Provost Marshal General review this situation and notify the Armed Services Committees of the Senate and 

the House of Representatives of their decision within 30 days of the 

enactment of this Act. 

Further, we also urge JIEDDO to continue funding at a level of not less than $65.0 million the ongoing efforts of the Irregular Warfare Support office under the Assistant Secretary of Defense for 

Special Operations/Low Intensity Conflict. 

Science & technology investment strategy to defeat or counter improvised explosive devices (sec. 1504) 

The House bill contained a provision (sec. 1508) that would limit 

the amount of funds that the Joint Improvised Explosive Devise 

Defeat Organization (JIEDDO) may obligate for science and technology (S&T) efforts until it delivers to Congress a report describing its S&T strategy. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would require the Director of JIEDDO, jointly with the Director for Defense Research and Engineering, to develop and deliver 

to the congressional defense committees an annual report outlining 

the Department of Defense’s (DOD) investment strategy for S&T to 

defeat and counter improvised explosive devices (IEDs). 

According to DOD Directive 2000.19E, JIEDDO’s mission is to 

‘‘focus (lead, advocate, coordinate) all DOD actions in support of the 

Combatant Commanders’ and their respective Joint Task Forces’ 

efforts to defeat Improvised Explosive Devices as weapons of strategic influence.’’ Even more specifically, it requires the Director of 

JIEDDO to ‘‘integrate all IED Defeat solutions throughout the Department of Defense, seeking Interagency assistance, as necessary, 

and identifying innovative near-term solutions.’’ While JIEDDO 

has actively invested in S&T efforts to support its mission, it has 

neglected its responsibility to lead, advocate and coordinate the Department’s total S&T investment in this area. If JIEDDO does not 


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serve in this coordination role, then the likelihood for duplicative 

and redundant investment with Service and Defense Agencies investments increases dramatically. 

Limitation on Iraq Security Forces Fund (sec. 1505) 

The House bill contained a provision (sec. 1512) that would authorize fiscal year 2009 appropriations for the Iraq Security Forces 

Fund (ISFF). 

The Senate bill contained a similar provision (sec. 1613). 

The agreement includes a provision that would subject funds authorized in this title for the ISFF to the terms and conditions of 

the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181). The funding authorization for this program is 

contained in section 1501 of this Act. Additional restrictions on the 

use of the ISFF for infrastructure projects are contained elsewhere 

in this Act. 

Limitations on Afghanistan Security Forces Fund (sec. 1506) 

The House bill contained a provision (sec. 1513) that would authorize fiscal year 2009 appropriations for the Afghanistan Security 

Forces Fund (ASFF). 

The Senate bill contained a similar provision (sec. 1512). 

The agreement includes a provision that would subject funds authorized in this title for the ASFF to the terms and conditions of 

the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181). The funding authorization for the ASFF is contained in section 1501 of this Act. 

Special transfer authority (sec. 1507) 

The House bill contained a provision (sec. 1516) that would au- thorize the transfer of up to $4.0 billion of war-related funding authorizations in this title among the accounts in this title. 

The Senate bill contained a similar provision (sec. 1514) that would authorize transfers of up to $3.0 billion. 

The agreement includes the House provision. 

This special transfer authority is in addition to the general transfer authority contained in section 1001 of this Act, but the same 

reprogramming procedures applicable to transfers under section 

1001 would also apply to transfers under this section. 

Prohibition on use of United States funds for certain facilities 

projects in Iraq and contributions by Iraq to combined operations and other activities in Iraq (sec. 1508) 

The House bill contained a provision (sec. 1512) that would prohibit the use of certain funds for the acquisition, conversion, rehabilitation, or installation of facilities for the Iraqi Security Forces. 

The Senate bill contained a provision (sec. 1616) that would prohibit the use of funds authorized by this Act to pay for any largescale infrastructure project commenced after the date of enactment 

of this Act. The provision would also require the United States 

Government to begin negotiating an agreement with the Government of Iraq to share the costs of combined operations between the 

Government of Iraq and Multi-National Force Iraq. The provision 

would further require that the United States Government act to 


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ensure that Iraqi funds are used to pay the costs of training, equipping, and sustaining the Iraqi Security Forces and the costs associated with the Sons of Iraq. 

The agreement includes a provision that would prohibit the use 

of certain funds for the acquisition, conversion, rehabilitation, or 

installation of facilities for the use of the Government of Iraq, political subdivisions of Iraq, or agencies, departments or forces of the 

Government of Iraq or its subdivisions. The provision would also 

require the United States Government to begin negotiating an 

agreement with the Government of Iraq to share the costs of combined operations between the Government of Iraq and Multi-National Force-Iraq. The provision would further require that the 

United States Government act to ensure that Iraqi funds are used 

to pay the costs of training, equipping, and sustaining the Iraqi Security Forces. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Limitation on use of funds 

The Senate bill contained a provision (sec. 1515) that would require the Secretary of Defense to provide a report to Congress on 

the allocation of funding for operations in Afghanistan at the lineitem level 15 days prior to the obligation of such funds. 

The House bill contained no similar provision. 

The agreement does not include this provision. 

Treatment as additional authorizations 

The House bill contained a provision (sec. 1517) that would provide that the authorizations in this title are in addition to any 

other authorizations in this Act. 

The Senate bill contained identical provisions relating to funding 

for military operations in Afghanistan (sec. 1513) and Iraq (sec. 

1614). 

The agreement does not include this provision. 

Limitation on use of funds 

The Senate bill contained a provision (sec. 1615) that would require the Secretary of Defense to provide a report to Congress on 

the allocation of funding for operations in Iraq at the line-item 

level 15 days prior to the obligation of such funds. 

The House bill contained no similar provision. 

The agreement does not include this provision. 

TITLE XVI—RECONSTRUCTION AND 

STABILIZATION CIVILIAN MANAGEMENT 

LEGISLATIVE PROVISIONS ADOPTED

Short title (sec. 1601) 

The House bill contained a provision (sec. 1601) that would provide that the title may be referred to as the ‘‘Reconstruction and 

Stabilization Civilian Management Act of 2008.’’ 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 


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Findings (sec. 1602) 

The House bill contained a provision (sec. 1602) that would contain congressional findings regarding efforts to improve U.S. capacity to prepare, plan for, and conduct stabilization and reconstruction operations. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Definitions (sec. 1603) 

The House bill contained a provision (sec. 1603) that would provide definitions for use in the Act. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Authority to provide assistance for reconstruction and stabilization 

crises (sec. 1604) 

The House bill contained a provision (sec. 1604) that would 

amend chapter 1 of part III of the Foreign Assistance Act of 1961 

(Public Law 87–195) to provide authority for the President to furnish stabilization or reconstruction assistance to a country or region that is at risk of, in, or is in transition from, conflict or civil 

strife if the President determines it is in the national security interests of the United States for U.S. civilian agencies or non-federal 

employees to do so. The provision also provided that funds available for stabilization and reconstruction assistance under this section would be funds made available under any other provision of 

law and under other provisions of the Foreign Assistance Act and 

transferred or reprogrammed for the purposes of this section, subject to the procedures applicable to a notification under section 

634A of the Foreign Assistance Act. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would allow funds available for stabilization and reconstruction assistance under this section to be limited to funds made available under other provisions of the Foreign Assistance Act and 

transferred or reprogrammed for the purposes of this section, subject to the procedures applicable to a notification under section 

634A of the Foreign Assistance Act. 

Reconstruction and stabilization (sec. 1605) 

The House bill contained a provision (sec. 1605) that would 

amend the State Department Basic Authorities Act of 1956 (Public 

Law 84–85) to add a new section establishing within the Department of State the Office of the Coordinator for Reconstruction and 

Stabilization, and authorize the Secretary of State, in consultation 

with the Administrator of the U.S. Agency for International Development and the heads of other appropriate U.S. Government agencies, to establish and maintain a Response Readiness Corps to provide assistance in support of reconstruction and stabilization operations. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 


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Authorities related to personnel (sec. 1606) 

The House bill contained a provision (sec. 1606) that would authorize the Secretary of State, or the head of any U.S. agency with 

respect to personnel of that agency, to extend certain death gratuity, training, and travel expense benefits or privileges, that are 

provided to members of the Foreign Service under the Foreign 

Service Act of 1980 (Public Law 96–465), to any individual assigned, detailed, or deployed to carry out reconstruction and stabilization activities under the Reconstruction and Stabilization Civilian Management Act of 2008. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Reconstruction and Stabilization Strategy (sec. 1607) 

The House bill contained a provision (sec. 1607) that would require the Secretary of State, in consultation with the Administrator 

of the U.S. Agency for International Development, to develop an 

interagency strategy for responding to stabilization and reconstruction operations. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Annual reports to Congress (sec. 1608) 

The House bill contained a provision (sec. 1608) that would require the Secretary of State to report annually to the Committee 

on Foreign Relations of the Senate and the Committee on Foreign 

Affairs of the House of Representatives on the implementation of 

the Reconstruction and Stabilization Civilian Management Act of 

2008. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS 


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LEGISLATIVE PROVISIONS ADOPTED

Short title (sec. 2001) 

The House bill contained a provision (sec. 2001) that would designate division B of this Act as the Military Construction Authorization Act for Fiscal Year 2009. 

The Senate bill contained an identical provision (sec. 2001). 

The agreement includes this provision. 

Expiration of authorizations and amounts required to be specified 

by law (sec. 2002) 

The House bill contained a provision (sec. 2002) that would establish the expiration date for authorizations in this Act for military construction projects, land acquisition, family housing projects, 

and contributions to the North Atlantic Treaty Organization infrastructure program, as October 1, 2011, or the date of enactment of 

an act authorizing funds for military construction for fiscal year 

2012, whichever is later. 

The Senate bill contained an identical provision (sec. 2002). 

The agreement includes this provision. 

Effective date (sec. 2003) 

The Senate bill contained a provision that would provide that titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX of this 

Act take effect on October 1, 2008, or the date of enactment of this 

Act, whichever is later. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

TITLE XXI—ARMY 

LEGISLATIVE PROVISIONS ADOPTED

Authorized Army construction and land acquisition projects (sec. 

2101) 

The House bill contained a provision (sec. 2101) that would authorize military construction projects for the active component of 

the Army for fiscal year 2009. 

The Senate bill contained a similar provision (sec. 2101). 

The agreement includes this provision. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table included in the joint explanatory statement provides the binding list of specific construction projects authorized at each location. 

Family housing (sec. 2102) 

The House bill contained a provision (sec. 2102) that would authorize new construction and planning and design of family housing units for the Army for fiscal year 2009. It would also authorize 

funds for facilities that support family housing, including housing 

management offices and housing maintenance and storage facilities. 

The Senate bill contained an identical provision (sec. 2102). 

The agreement includes this provision. 


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Improvements to military family housing units (sec. 2103) 

The House bill contained a provision (sec. 2103) that would authorize funding for fiscal year 2009 to improve existing Army family housing units. 

The Senate bill contained an identical provision (sec. 2103). 

The agreement includes this provision. 

Authorization of appropriations, Army (sec. 2104) 

The House bill contained a provision (sec. 2104) that would authorize appropriations for the active component military construction and family housing projects of the Army for fiscal year 2009. 

This provision would also provide an overall limit on the cost of the 

fiscal year 2009 military construction and family housing projects 

authorized for the active-duty component of the Army. 

The Senate bill contained a similar provision (sec. 2104). 

The agreement includes this provision. 

Modification of authority to carry out certain fiscal year 2008 

projects (sec. 2105) 

The House bill contained a provision (sec. 2105) that would cancel the authorization for several fiscal year 2008 military construction projects. 

The Senate bill contained no similar provision. 

The agreement includes this provision. 

Modification of authority to carry out certain fiscal year 2007 

projects (sec. 2106) 

The House bill contained a provision (sec. 2106) that would modify the authorization for several fiscal year 2007 military construction projects. 

The Senate bill contained no similar provision. 

The agreement includes this provision. 

Extension of authorizations of certain fiscal year 2006 projects (sec. 

2107) 

The House bill contained a provision (sec. 2107) that would extend the authorization for certain Army fiscal year 2006 military 

construction projects until October 1, 2009, or the date of enactment of an act authorizing funds for military construction for fiscal 

year 2010, whichever is later. 

The Senate bill contained a similar provision (sec. 2105). 

The agreement includes the House provision. 

Extension of authorizations of certain fiscal year 2005 project (sec. 

2108) 

The House bill contained a provision (sec. 2108) that would extend the authorization for an Army fiscal year 2005 military construction project at Schofield Barracks, Hawaii, until October 1, 

2009, or the date of enactment of an act authorizing funds for military construction for fiscal year 2010, whichever is later. 

The Senate bill contained a similar provision (sec. 2106). 

The agreement includes the House provision. 


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TITLE XXII—NAVY 

LEGISLATIVE PROVISIONS ADOPTED

Authorized Navy construction and land acquisition projects (sec. 

2201) 

The House bill contained a provision (sec. 2201) that would authorize military construction projects for the active component of 

the Navy and Marine Corps for fiscal year 2009. 

The Senate bill contained a similar provision (sec. 2201). 

The agreement includes this provision. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table included in the joint explanatory statement provides the binding list of specific construction projects authorized at each location. 

Family housing (sec. 2202) 

The House bill contained a provision (sec. 2202) that would authorize new construction and planning and design of family housing units for the Navy for fiscal year 2009. It would also authorize 

funds for facilities that support family housing, including housing 

management offices and housing maintenance and storage facilities. 

The Senate bill contained a similar provision (sec. 2202). 

The agreement includes the Senate provision. 

Improvements to military family housing units (sec. 2203) 

The House bill contained a provision (sec. 2203) that would authorize funding for fiscal year 2009 to improve existing Navy and 

Marine Corps family housing units. 

The Senate bill contained an identical provision (sec. 2203). 

The agreement includes this provision. 

Authorization of appropriations, Navy (sec. 2204) 

The House bill contained a provision (sec. 2204) that would authorize appropriations for the active component military construction and family housing projects of the Department of the Navy for 

fiscal year 2009. This provision would also provide an overall limit 

on the cost of the fiscal year 2009 military construction and family 

housing projects authorized for the active-duty component of the 

Navy and Marine Corps. 

The Senate bill contained a similar provision (sec. 2204). 

The agreement includes this provision. 

Modification of authority to carry out certain fiscal year 2005 

project (sec. 2205) 

The House bill contained a provision (sec. 2205) that would increase the authorization for a Strategic Weapons Facility Pacific 

project at Bangor, Washington. 

The Senate bill contained an identical provision (sec. 2205). 

The agreement includes this provision. 


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Modification of authority to carry out certain fiscal year 2007 

projects (sec. 2206) 

The House bill contained a provision (sec. 2206) that would increase the authorization for projects at the Naval Support Activity, 

Suitland, Maryland, and at naval Air Station, Whidbey Island, 

Washington. 

The Senate bill contained an identical provision (sec. 2206). 

The agreement includes this provision. 

LEGISLATIVE PROVISION NOT ADOPTED

Report on impacts of surface ship homeporting alternatives 

The House bill contained a provision (sec. 2207) that would prohibit the Secretary of the Navy from issuing a record of decision 

for the proposed homeporting of additional ships at Naval Station 

Mayport until at least 30 days after the date on which the Secretary submits a report on the socio-economic impact and economic 

justification of the preferred alternatives identified in the final environmental impact statement. 

The Senate bill contained no similar provision. 

The agreement does not include the House provision. 

TITLE XXIII—AIR FORCE 

Legislative Provisions Adopted 

Authorized Air Force construction and land acquisition projects 

(sec. 2301) 

The House bill contained a provision (sec. 2301) that would authorize Air Force military construction projects for fiscal year 2009. 

The Senate bill contained a similar provision (sec. 2301). 

The agreement includes this provision. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table included in the joint explanatory statement provides the binding list of specific construction projects authorized at each location. 

Family housing (sec. 2302) 

The House bill contained a provision (sec. 2302) that would authorize new construction and planning and design of family housing units for the Air Force for fiscal year 2009. It would also authorize funds for facilities that support family housing, including 

housing management offices and housing maintenance and storage 

facilities. 

The Senate bill contained an identical provision (sec. 2302). 

The agreement includes this provision. 

Improvements to military family housing units (sec. 2303) 

The House bill contained a provision (sec. 2303) that would authorize funding for fiscal year 2009 to improve existing Air Force 

family housing units. 

The Senate bill contained an identical provision (sec. 2303). 

The agreement includes this provision. 


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Authorization of appropriations, Air Force (sec. 2304) 

The House bill contained a provision (sec. 2304) that would authorize appropriations for the active component military construction and family housing projects of the Air Force for fiscal year 

2009. This provision would also provide an overall limit on the cost 

of the fiscal year 2009 military construction and family housing 

projects authorized for the active-duty component of the Air Force. 

The Senate bill contained a similar provision (sec. 2304). 

The agreement includes this provision. 

Extension of authorizations of certain fiscal year 2006 projects (sec. 

2305) 

The House bill contained a provision (sec. 2305) that would extend the authorizations for certain Air Force fiscal year 2006 military construction projects until October 1, 2009, or the date of enactment of an act authorizing funds for military construction for 

fiscal year 2010, whichever is later. 

The Senate bill contained an identical provision (sec. 2305). 

The agreement includes this provision. 

Extension of authorizations of certain fiscal year 2005 projects (sec. 

2306) 

The House bill contained a provision (sec. 2306) that would extend the authorizations for certain Air Force fiscal year 2005 military construction projects until October 1, 2009, or the date of enactment of an act authorizing funds for military construction for 

fiscal year 2010, whichever is later. 

The Senate bill contained a similar provision (sec. 2306). 

The agreement includes the Senate provision. 

TITLE XXIV—DEFENSE AGENCIES 

Subtitle A—Defense Agency Authorizations 

Authorized defense agencies construction and land acquisition 

projects (sec. 2401) 

The House bill contained a provision (sec. 2401) that would authorize military construction projects for the defense agencies for 

fiscal year 2009. 

The Senate bill contained a similar provision (sec. 2401). 

The agreement includes this provision. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table included in the joint explanatory statement provides the binding list of specific construction projects authorized at each location. 

Energy conservation projects (sec. 2402) 

The House bill contained a provision (sec. 2402) that would authorize the Secretary of Defense to carry out energy conservation 

projects. 

The Senate bill contained a similar provision (sec. 2402). 

The agreement includes the Senate provision. 


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Authorization of appropriations, defense agencies (sec. 2403) 

The House bill contained a provision (sec. 2403) that would authorize appropriations for the military construction projects of the 

defense agencies for fiscal year 2009. This provision would also provide an overall limit on the cost of the fiscal year 2009 military 

construction projects authorized for the defense agencies. 

The Senate bill contained a similar provision (sec. 2403). 

The agreement includes this provision. 

Modification of authority to carry out certain fiscal year 2007 

projects (sec. 2404) 

The House bill contained a provision (sec. 2404) that would 

amend section 2401 of the Military Construction Authorization Act 

for Fiscal Year 2007 (division B of Public Law 109–364) to increase 

the construction authorization for a project at Fort Detrick, Maryland by $133.0 million. 

The Senate bill contained a similar provision (sec. 2404). 

The agreement includes the House provision. 

Modification of authority to carry out certain fiscal year 2005 

projects (sec. 2405) 

The House bill contained a provision (sec. 2405) that would terminate the military construction authorization provided in the 

Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375) for a project at the Defense Fuel 

Supply Point at Naval Air Station Oceana, Virginia. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Extension of authorization of certain fiscal year 2006 project (sec. 

2406) 

The House bill contained a provision (sec. 2406) that would extend the authorization for a fiscal year 2006 military construction 

project for the Defense Logistics Agency until October 1, 2009, or 

the date of enactment of an act authorizing funds for military construction for fiscal year 2010, whichever is later. 

The Senate bill contained an identical provision (sec. 2405). 

The agreement includes this provision. 

Subtitle B—Chemical Demilitarization Authorizations 

Authorized chemical demilitarization program construction and 

land acquisition projects (sec. 2411) 

The House bill contained a provision (sec. 2411) that would authorize military construction projects for the chemical demilitarization program for fiscal year 2009. 

The Senate bill contained an identical provision (sec. 2411). 

The agreement includes this provision. 

The authorized amounts are listed on an installation-by-installation basis in this provision. 


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Authorization of appropriations, chemical demilitarization construction, defense-wide (sec. 2412) 

The House bill contained a provision (sec. 2412) that would authorize specific appropriations for each line item contained in the 

budget request for fiscal year 2009 for the chemical demilitarization construction. This section would also provide overall limit on 

the amount the chemical demilitarization office may spend on military construction projects. 

The Senate bill contained a similar provision (sec. 2412). 

The agreement includes the Senate provision with an amendment making a technical correction. 

Modification of authority to carry out certain fiscal year 1997 

project (sec. 2413) 

The House bill contained a provision (sec. 2413) that would modify the authorization for a chemical demilitarization construction 

project at Pueblo Army Depot, Colorado. 

The Senate bill contained an identical provision (sec. 2413). 

The agreement includes this provision. 

Modification of authority to carry out certain fiscal year 2000 

project (sec. 2414) 

The House bill contained a provision (sec. 2414) that would modify the authorization for a chemical demilitarization construction 

project at Blue Grass Army Depot, Kentucky. 

The Senate bill contained an identical provision (sec. 2414). 

The agreement includes this provision. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM 

LEGISLATIVE PROVISIONS ADOPTED

Authorized NATO construction and land acquisition projects (sec. 

2501) 

The House bill contained a provision (sec. 2501) that would authorize the Secretary of Defense to make contributions to the North 

Atlantic Treaty Organization Security Investment Program in an 

amount equal to the sum of the amount specifically authorized in 

section 2502 of this title and the amount of recoupment due to the 

United States for construction previously financed by the United 

States. 

The Senate bill contained an identical provision (sec. 2501). 

The agreement includes this provision. 

Authorization of appropriations, NATO (sec. 2502) 

The House bill contained a provision (sec. 2502) that would authorize appropriations for the United States’ contribution to the 

North Atlantic Treaty Organization Security Investment Program 

for fiscal year 2009. 

The Senate bill contained an identical provision (sec. 2502). 

The agreement includes this provision. 


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TITLE XXVI—GUARD AND RESERVE FORCES 

FACILITIES 

LEGISLATIVE PROVISIONS ADOPTED

Authorized Army National Guard construction and land acquisition 

projects (sec. 2601) 

The House bill contained a provision (sec. 2601) that would authorize military construction projects for the Army National Guard 

for fiscal year 2009. 

The Senate bill contained a similar provision (sec. 2601). 

The agreement includes this provision. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table included in the joint explanatory statement provides the binding list of specific construction projects authorized at each location. 

Authorized Army Reserve construction and land acquisition projects 

(sec. 2602) 

The House bill contained a provision (sec. 2602) that would authorize military construction projects for the Army Reserve for fiscal year 2009. 

The Senate bill contained a similar provision (sec. 2602). 

The agreement includes this provision. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table included in the joint explanatory statement provides the binding list of specific construction projects authorized at each location. 

Authorized Navy Reserve and Marine Corps Reserve construction 

and land acquisition projects (sec. 2603) 

The House bill contained a provision (sec. 2603) that would authorize military construction projects for the Navy Reserve and Marine Corps Reserve for fiscal year 2009. 

The Senate bill contained an identical provision (sec. 2603). 

The agreement includes this provision. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table included in the joint explanatory statement provides the binding list of specific construction projects authorized at each location. 

Authorized Air National Guard construction and land acquisition 

projects (sec. 2604) 

The House bill contained a provision (sec. 2604) that would authorize military construction projects for the Air National Guard 

for fiscal year 2009. 

The Senate bill contained a similar provision (sec. 2604). 

The agreement includes this provision. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table included in the joint explanatory statement provides the binding list of specific construction projects authorized at each location. 


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Authorized Air Force Reserve construction and land acquisition 

projects (sec. 2605) 

The House bill contained a provision (sec. 2605) that would authorize military construction projects for the Air Force Reserve for 

fiscal year 2009. 

The Senate bill contained a similar provision (sec. 2605). 

The agreement includes this provision. 

The authorized amounts are listed in this provision on an installation-by-installation basis. A State list of projects contained in the 

table included in the joint explanatory statement provides the binding list of specific construction projects authorized at each location. 

Authorization of appropriations, National Guard and Reserve (sec. 

2606) 

The House bill contained a provision (sec. 2606) that would authorize appropriations for reserve component military construction 

projects for fiscal year 2009. 

The Senate bill contained a similar provision (sec. 2606). 

The agreement includes this provision. 

Modification of authority to carry out certain fiscal year 2008 

project (sec. 2607) 

The Senate bill contained a provision (sec. 2609) that would 

amend section 2601 of the Military Construction Authorization Act 

for Fiscal Year 2008 (division B of Public Law 110–181) to increase 

the authorization for a project for the Army National Guard at 

North Kingstown, Rhode Island, by $5.0 million. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Extension of authorizations of certain fiscal year 2006 projects (sec. 

2608) 

The House bill contained a provision (sec. 2607) that would extend the authorizations for certain Guard and reserve fiscal year 

2006 military construction projects until October 1, 2009, or the 

date of enactment of an act authorizing funds for military construction for fiscal year 2010, whichever is later. 

The Senate bill contained an identical provision (sec. 2607). 

The agreement includes that provision. 

Extension of authorization of certain fiscal year 2005 project (sec. 

2609) 

The House bill contained a provision (sec. 2608) that would extend the authorization for an Army National Guard fiscal year 

2005 military construction project in California until October 1, 

2009, or the date of enactment of an act authorizing funds for military construction for fiscal year 2010, whichever is later. 

The Senate bill contained an identical provision (sec. 2608). 

The agreement includes this provision. 

TITLE XXVII—BASE CLOSURE AND 

REALIGNMENT ACTIVITIES 


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Subtitle A—Authorizations 

Authorization of appropriations for base closure and realignment 

activities funded through Department of Defense base closure 

account 1990 (sec. 2701) 

The House bill contained a provision (sec. 2701) that would authorize appropriations for fiscal year 2009 for ongoing activities 

that are required to implement the decisions of the 1988, 1991, 

1993, and 1995 base realignment and closure (BRAC) rounds. 

The Senate bill contained an identical provision (sec. 2701). 

The agreement includes this provision. 

Authorized base closure and realignment activities funded through 

Department of Defense base closure account 2005 (sec. 2702) 

The House bill contained a provision (sec. 2702) that would authorize military construction projects for fiscal year 2009 that are 

required to implement the decisions of the 2005 Base Realignment 

and Closure (BRAC) round. 

The Senate bill included a similar provision (sec. 2702). 

The agreement includes this provision. 

The table included in the joint explanatory statement lists the 

specific projects authorized at each location. 

Authorization of appropriations for base closure and realignment 

activities funded through Department of Defense base closure 

account 2005 (sec. 2703) 

The House bill contained a provision (sec. 2703) that would authorize appropriations for military construction projects for fiscal 

year 2009 that are required to implement the decisions of the 2005 

Base Realignment and Closure (BRAC) round. This provision would 

also provide an overall limit on the amount authorized for BRAC 

military construction projects. 

The Senate bill contained a similar provision (sec. 2703). 

The agreement includes this provision. 

The State list contained in this joint explanatory statement is 

the binding list of the specific amounts authorized at each location. 

Subtitle B—Amendments to Base Closure and Related Laws 

Modification of annual base closure and realignment reporting requirements (sec. 2711) 

The House bill contained a provision (sec. 2712) that would modify the annual reporting requirements associated with the 2005 

round of the Defense Base Closure and Realignment Act of 1990 

(Public Law 101–510). 

The Senate bill contained a similar provision (sec. 2704). 

The agreement includes the House provision. 


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Technical corrections regarding authorized cost and scope of work 

variations for military construction and military family housing projects related to base closures and realignments (sec. 

2712) 

The House bill contained a provision (sec. 2713) that would make 

technical corrections to the Base Closure and Realignment Act notification requirements for cost and scope of work variations. 

The Senate bill contained a similar provision (sec. 2705). 

The agreement includes the House provision. 

Subtitle C—Other Matters 

Independent design review of National Naval Medical Center and 

military hospital at Fort Belvoir (sec. 2721) 

The House bill contained a provision (sec. 2721) that would direct 

the Department of Defense to cease construction of the replacement 

facilities until the Secretary of Defense certifies the following items 

have been completed: a 90 percent construction design; an independent cost estimate to complete the realignment of the Walter 

Reed Army Medical Center; and a milestone schedule to complete 

the proposed realignment. 

The Senate bill contained no similar provision. 

The agreement includes a provision that would state congressional findings and would require an independent design review of 

the new medical facilities, a new cost estimate, and a schedule for 

the transition of operations to the new facilities. The agreement is 

not intended to cease construction of replacement facilities related 

to the closure of Walter Reed Army Medical Center. 

Report on use of BRAC properties as sites for refineries or nuclear 

power plants (sec. 2722) 

The House bill contained a provision (sec. 2722) that would require a study evaluating the feasibility of using military installations selected for closure under the base closure and realignment 

process as locations for the construction of petroleum or natural 

gas refineries or nuclear power plants. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

LEGISLATIVE PROVISION NOT ADOPTED

Repeal of commission approach for development of recommendations in any future round of base closures and realignments 

The House bill contained a provision (sec. 2711) that would, with 

respect to any future base closure round, repeal the independent 

commission that is provided for under the Defense Base Closure 

and Realignment Act of 1990 (Public Law 101–510). 

The Senate bill contained no similar provision. 

The agreement does not include the provision. 


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TITLE XXVIII—MILITARY CONSTRUCTION 

GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family 

Housing Changes 

Incorporation of principles of sustainable design in documents submitted as part of proposed military construction projects (sec. 

2801) 

The House bill contained a provision (sec. 2801) that would require the Department of Defense to incorporate sustainable design 

concepts and life cycle analysis into a review of options that would 

be submitted with the annual budget documents. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Revision of maximum lease amount applicable to certain domestic 

Army family housing leases to reflect previously made annual 

adjustments in amount (sec. 2802) 

The House bill contained a provision (sec. 2803) that would increase the maximum lease amount available to Army family housing leases from $18,620 per unit to $35,000 per unit. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Use of military family housing constructed under build and lease 

authority to house members without dependents (sec. 2803) 

The House bill contained a provision (sec. 2804) that would allow 

service members without dependents to be assigned to quarters 

leased pursuant to section 2835 of title 10, United States Code. 

This authority would also allow the conversion of the family housing units, previously provided by the build-to-lease authority, to 

military unaccompanied housing. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Leasing of military family housing to Secretary of Defense (sec. 

2804) 

The House bill contained a provision (sec. 2805) that would allow 

the Secretary of Defense to lease military family housing in the National Capital Region. 

The Senate bill contained a similar provision (sec. 2804). 

The agreement includes the Senate provision. 

Improved oversight and accountability for military housing privatization initiative projects (sec. 2805) 

The House bill contained a provision (sec. 2807) that would modify the existing privatization authorities and provide better visibility over, and management of privatization projects. Specifically, 

it would: require the Department of Defense to partner with the 

family housing developer; require 100 percent performance and 

payment bonds; require competition for conveyance actions; repeal 

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ing; and require additional reporting associated with general and 

flag officer quarters. 

The House bill also contained a provision (sec. 2808) that would 

require a report on best business practices for the execution of 

housing privatization initiatives. 

The Senate bill contained a provision (sec. 2803) that would require enhanced oversight of, and reporting on, housing privatization projects. The provision would require greater interaction 

among the government and private entities involved in these 

projects, establish minimum bonding levels of 50 percent, specify 

procedures to be used in the case of significant schedule or performance deficiencies, ensure that the Department of Defense 

maintains a database of entities that achieve unsatisfactory performance ratings on such projects, and require the Department to 

identify and establish regulations to implement best practices for 

monitoring the progress and performance of housing privatization 

projects. 

The agreement includes elements of the House and the Senate 

provisions. 

Authority to use operation and maintenance funds for construction 

projects inside the United States Central Command and United 

States Africa Command areas of responsibility (sec. 2806) 

The House bill contained a provision (sec. 2802) that would extend the current use of operations and maintenance funds to meet 

urgent military construction requirements outside the United 

States for 1 year, through fiscal year 2009. 

The Senate bill contained a similar provision (sec. 2802) that 

would exempt projects in Afghanistan from the restriction against 

the use of this authority at installations where the Department of 

Defense anticipates having a long term presence. The Senate bill 

would also modify the quarterly reporting requirement on the use 

of this authority. 

The agreement includes the Senate provision with an amendment that would provide an additional $300.0 million of authority 

for fiscal year 2009 that would be available only for urgent operational requirements in Afghanistan. The agreement would also restrict the use of this authority to the Central Command and Africa 

Command areas of responsibility. 

Cost-benefit analysis of dissolution of Patrick Family Housing LLC 

(sec. 2807) 

The Senate bill contained a provision (sec. 2805) that would require the Secretary of the Air Force to submit to the congressional 

defense committees a cost-benefit analysis regarding the dissolution of the Patrick Family Housing LLC created in connection with 

the privatization of military family housing at Patrick Air Force 

Base, Florida, and would prohibit the Secretary from dissolving 

that entity until this analysis has been submitted. 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that requires the cost-benefit analysis be submitted within 30 

days of the date of enactment of this Act, but would not restrict the 

dissolution of the LLC. 


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Subtitle B—Real Property and Facilities Administration 

Clarification of congressional reporting requirements for certain real 

property transactions (sec. 2811) 

The House bill contained a provision (sec. 2811) that would clarify reporting requirements associated with civil works and other 

real estate transactions. 

The Senate bill contained a similar provision (sec. 2812). 

The agreement contains the Senate provision. 

Authority to lease non-excess property of military departments and 

Defense Agencies (sec. 2812) 

The House bill contained a provision (sec. 2812) that would modify the Department of Defense’s leasing authority and restrict certain uses of that authority. Specifically, the Department would be 

limited to leases of less than 50 years, and would be limited on the 

use of proceeds derived from leases. Also, the secretaries concerned 

would be required to determine that property is not excess and 

would be required to provide expanded notifications to the congressional defense committees during the course of the lease review 

process. The House bill would also prohibit the acceptance of inkind consideration for morale, welfare and recreation activities. Finally, the secretary would be required to submit a report 30 days 

before the secretary enters into a lease that describes the agreement reached with the local municipality on taxation issues and 

further describes the proposed lessee payment. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that removes the restrictions on leases over 50 years and on receipt 

of in-kind consideration related to morale, welfare and recreation 

activities and makes other technical changes. 

Modification of utility system conveyance authority (sec. 2813) 

The House bill contained a provision (sec. 2813) that would modify the existing utility privatization authorities and provide the secretary concerned the discretion to convey additional, discrete utility 

elements without competition to an existing utility privatization interest, if certain criteria are met. 

The Senate bill contained no similar provision. 

The agreement contains the House provision with an amendment 

to the criteria for conveyances of additional elements of a utility 

system. 

Defense access roads (sec. 2814) 

The House bill included a provision (sec. 2815) that would require a needs assessment of the improvements needed in cases 

where the Secretary of Defense determines that a Department of 

Defense action has caused a significant transportation impact. The 

House bill would also require the Secretary of Defense to submit 

to the congressional defense committees and the Committee on 

Transportation and Infrastructure of the House of Representatives 

a report that details the significant transportation impacts resulting from actions of the Department of Defense since January 1, 

2005. 


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The Senate bill contained no similar provision. 

The agreement includes the House provision. 

The current Defense Access Road (DAR) eligibility criteria contained in the Federal-aid Policy Guide of the Federal Highway Administration do not consider the full range of transportation impacts or requirements. We are aware that the criteria currently do 

not account for safety and security concerns for local roads, even 

though certain DAR projects have been carried out in the past 5 

years in order to correct significant deficiencies threatening the 

safety of military personnel. The Department of Defense is strongly 

encouraged to consider incorporating the standards put forth by the 

Transportation Research Board, which serves as an independent 

adviser to the President, Congress, and federal agencies on scientific and technical questions, in the Highway Capacity Manual. 

This manual contains state-of-the-art techniques for estimating 

road capacity and determining levels of service for transportation 

facilities and modes. These techniques have been adopted by the 

Federal Highway Administration as a basis for assessing road requirements based on current congestion and saturation levels for 

traffic flows on public roads. 

Report on application of force protection and anti-terrorism standards to gates and entry points on military installations (sec. 

2815) 

The Senate bill contained a provision (sec. 2841) that would require the Secretary of Defense to submit to the congressional defense committees, not later than February 1, 2009, a report on the 

implementation of Department of Defense anti-terrorism/force protection (AT/FP) standards for main gates or entry points of military 

installations. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

We recognize the importance of AT/FP measures for Department 

of Defense installations and facilities. We are concerned that adequate funding has not been requested to construct permanent facilities and infrastructure, including fences, physical anti-terrorism 

barriers, large vehicle inspection stations, and reinforced, blast-protected facilities for guards since updated AT/FP standards were 

adopted by the Department of Defense in 2003. Timely funding of 

these requirements is necessary to protect the safety and welfare 

of service members and their families. We expect the Department 

of Defense to include, in conjunction with this report, funding in 

the fiscal year 2010 budget and future-years defense program to 

ensure that main gates and entry points at military installations 

comply with AT/FP standards. 

Subtitle C—Provisions Related to Guam Realignment 

Sense of Congress regarding military housing and utilities related 

to Guam realignment (sec. 2821) 

The House bill contained a provision (sec. 2822) that would express the sense of Congress that the Special Purpose Entities proposed to support military family members in Guam should closely 

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ily housing initiative authorized by subchapter IV of chapter 169 

of title 10, United States Code. Furthermore, it would express the 

sense of Congress that the military and civilian utility systems on 

Guam should be integrated to maximize effectiveness of the overall 

system. 

The Senate bill contained no similar provision. 

The agreement contains the House provision with an amendment 

that would modify the sense of Congress to state that any integration of the utility infrastructure should be subject to appropriate 

cost-sharing and quality standards. 

Federal assistance to Guam (sec. 2822) 

The House bill contained a provision (sec. 2823) that would express the sense of Congress that the Secretary of Defense, in coordination with the Interagency Group on Insular Affairs, should 

enter into a memorandum of understanding with the Government 

of Guam to identify civilian infrastructure associated with the capabilities expansion on Guam. 

The House bill also contained a provision (sec. 2824) that would 

require the Comptroller General to submit a report on the status 

of interagency coordination related to the realignment of military 

forces in Guam. 

The Senate bill contained no similar provisions. 

The agreement modifies and combines the House provisions. 

Eligibility of the Commonwealth of the Northern Mariana Islands 

for military base reuse studies and community planning assistance (sec. 2823) 

The House bill contained a provision (sec. 2827) that would authorize the Commonwealth of the Northern Mariana Islands to be 

eligible to receive military base reuse studies and community planning assistance. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Support for realignment of military installations and relocation of 

military personnel on Guam (sec. 2824) 

The House bill contained a provision (sec. 2821) that would establish an account for the purposes of centralizing management 

and oversight of funding related to the realignment of military installations on Guam and the relocation of military personnel to 

Guam. 

The Senate bill contained no similar provision. 

The agreement contains the House provision with amendments 

to the procedures under which the fund would operate. The agreement also states the sense of Congress regarding the participation 

of United States firms in projects related to this relocation. 

Subtitle D—Energy Security 

Certification of enhanced use leases for energy-related projects (sec. 

2831) 

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lated to energy production, and the term of the lease exceeds 20 

years, the secretary of a military department may not enter into 

the lease until 30 days after the Secretary of Defense certifies to 

the congressional defense committees that the lease is consistent 

with the Department of Defense energy performance goals and the 

plan required by section 2911 of title 10, United States Code. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Annual report on Department of Defense installations energy management (sec. 2832) 

The House bill contained a provision (sec. 2842) that would require the Secretary of Defense to report on efforts taken to meet 

the new energy goals set forth in the Energy Independence and Security Act of 2007 (Public Law 110–140) and on efforts to meet certification requirements for sustainable green-building standards for 

construction and major renovations. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would clarify that the report should describe Department of 

Defense efforts to meet the requirements in section 433 of Public 

Law 110–140. 

Subtitle E—Land Conveyances 

Land conveyance, former Naval Air Station, Alameda, California 

(sec. 2841) 

The House bill contained a provision (sec. 2851) that would require the Secretary of the Navy to convey the Former Naval Air 

Station, Alameda, California, to the Alameda Reuse and Redevelopment Authority, except those lands designated as public benefit 

conveyances and certain other surplus lands. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would permit rather than require the conveyance of the property and would make other technical changes regarding the form 

of the consideration for the property to be conveyed. 

Transfer of administrative jurisdiction, decommissioned Naval Security Group Activity, Skaggs Island, California (sec. 2842) 

The House bill contained a provision (sec. 2860) that would direct 

the Secretary of the Navy and the Secretary of the Interior to negotiate a memorandum of agreement that stipulates the conditions 

upon which the decommissioned Naval Security Group Activity, 

Skaggs Island, Sonoma, California would 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. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 


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Transfer of proceeds from property conveyance, Marine Corps Logistics Base, Albany, Georgia (sec. 2843) 

The Senate bill contained a provision (sec. 2821) that would 

allow the Secretary of Defense to transfer the proceeds from the 

sale of the Boyett Village Housing Complex at the Marine Corps 

Logistics Base Albany, Georgia, into the Family Housing Improvement Fund for carrying out military family housing privatization 

activities. 

The House bill contained no similar provision. 

The agreement includes the Senate provision, but does not direct 

the Department of Defense to comply with the use of proceeds suggested in the Senate report. 

Land conveyance, Sergeant First Class M.L. Downs Army Reserve 

Center, Springfield, Ohio (sec. 2844) 

The House bill contained a provision (sec. 2855) that would authorize the Secretary of the Army to convey the Sergeant First 

Class M.L. Downs Army Reserve Center, Springfield, Ohio to the 

City of Springfield, Ohio for use for municipal government services. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Land conveyance, John Sevier Range, Knox county, Tennessee (sec. 

2845) 

The House bill contained a provision (sec. 2856) that would authorize the Secretary of the Army to convey 124 acres known as the 

John Sevier Range in Knox County, Tennessee, to the State of Tennessee for use as a public firing range and for associated recreational activities. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 

Land conveyance, Army property, Camp Williams, Utah (sec. 2846) 

The House bill contained a provision (sec. 2858) that would authorize the Secretary of the Army to convey 608 acres and 308 

acres, respectively, to the State of Utah for military use by the 

Utah National Guard at Camp Williams, Utah. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would add a condition to the conveyance and make other technical changes. 

Extension of Potomac Heritage National Scenic Trail through Fort 

Belvoir, Virginia (sec. 2847) 

The House bill contained a provision (sec. 2859) that would authorize the Secretary of the Army to enter into a revocable-at-will 

easement with the Secretary of the Interior to provide land along 

the perimeter of Fort Belvoir, Virginia, to be used to extend the Potomac Heritage National Scenic Trail. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a clarifying 

amendment. 


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Subtitle F—Other Matters 

Revised deadline for transfer of Arlington Naval Annex to Arlington 

National Cemetery (sec. 2851) 

The House bill contained a provision (sec. 2871) that would extend the current deadline for the transfer of approximately 36 

acres of land at the Arlington Naval Annex to the Secretary of the 

Army for incorporation into Arlington National Cemetery from January 1, 2011, to no later than January 1, 2012. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Acceptance and use of gifts for construction of additional building 

at National Museum of the United States Air Force, WrightPatterson Air Force Base (sec. 2852) 

The House bill contained a provision (sec. 2873) that would authorize the Secretary of the Air Force to accept a gift from the Air 

Force Museum Foundation that would allow construction of the 

fourth building for the National Museum of the United States Air 

Force at Wright Patterson Air Force Base, Ohio. 

The Senate bill contained no similar provision. 

The agreement contains the House provision with an amendment 

that would require all funds used for design, construction, and contract management of the fourth building to come from gifts, or the 

proceeds of the investment of those gifts. 

Lease involving pier on Ford Island, Pearl Harbor Naval Base, Hawaii (sec. 2853) 

The House bill contained a provision (sec. 2875) that would direct 

the Secretary of the Navy to enter into a 2 year lease with the USS 

Missouri Memorial Association to use a pier on Ford Island, Hawaii. 

The Senate bill contained no similar provision. 

The agreement contains the House provision with an amendment 

that would require as a condition of the lease that the Navy be allowed the use of the ex-USS Missouri, and of the property leased 

to the Association, at no cost. 

Use of runway at NASJRB Willow Grove, Pennsylvania (sec. 2854) 

The House bill contained a provision (sec. 1076) that would limit 

commercial use of the airfield at NASJRB Willow Grove, Pennsylvania. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Naming of health facility, Fort Rucker, Alabama (sec. 2855) 

The House bill contained a provision (sec. 2876) that would designate a health facility at Fort Rucker, Alabama, as the ‘‘Lyster 

Army/VA Health Clinic.’’ 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 


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LEGISLATIVE PROVISIONS NOT ADOPTED

Increase in threshold for unspecified minor military construction 

projects 

The Senate bill contained a provision (sec. 2801) that would 

amend section 2805(a)(1) of title 10, United States Code, by raising 

the cost ceiling of a construction project authorized by this section 

from $2.0 million to $3.0 million. This provision would also eliminate the separate threshold for projects intended solely to correct 

deficiencies that are life-threatening, health-threatening, or safetythreatening. 

The House bill contained no similar provision. 

The agreement does not include the Senate provision. 

Repeal of reporting requirement in connection with installation vulnerability assessments 

The House bill contained a provision (sec. 2806) that would repeal a reporting requirement regarding installation vulnerability 

assessments. 

The Senate bill contained no similar provision. 

The agreement does not include the House provision. 

Modification of land management restrictions applicable to Utah 

national defense lands 

The Senate bill contained a provision (sec. 2813) that would sunset the restrictions contained in section 2815 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65) 

on October 1, 2013, and would also clarify the definition of Utah 

national defense lands in that Act. 

The House bill contained no similar provision. 

The agreement does not include the provision. 

Permanent authority to purchase municipal services for military installations 

The House bill contained a provision (sec. 2814) that would extend the authority of the Secretary of the Army to purchase local 

government services for Department of Defense installations from 

the neighboring local governments to the other military departments. This provision would also make this authority permanent 

and would restrict the services that could be purchased to refuse 

collection and disposal. 

The Senate bill contained no similar provision. 

The agreement does not include the House provision. 

Protecting private property rights during Department of Defense 

land acquisitions 

The House bill contained a provision (sec. 2816) that would direct 

officials of the Department of Defense to make every effort to acquire real property by negotiation. 

The Senate bill contained no similar provision. 

The agreement does not include the House provision. 


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Energy and environmental design initiatives in Guam military construction and installations 

The House bill contained a provision (sec. 2825) that would require that facilities constructed to support the military expansion 

at Guam have energy efficiencies and energy conservation measures incorporated into the overall design process. Specifically, this 

section would require that military construction projects on Guam 

incorporate Leadership in Energy and Environmental Design to 

achieve not less than the U.S. Green Building Council silver standard for new construction. 

The Senate bill contained no similar provision. 

The agreement does not include the House provision. 

Department of Defense Inspector General report regarding Guam realignment 

The House bill contained a provision (sec. 2826) that would require the Inspector General of the Department of Defense to submit a report to Congress within 180 days of the date of enactment 

of this Act on the efforts of the Inspector General to address potential waste and fraud associated with the realignment of military 

forces in Guam. 

The Senate bill contained no similar provision. 

The agreement does not include the House provision. 

Prevailing wage applicable to Guam 

The House bill contained a provision (sec. 2828) that would make 

the requirements of subchapter IV of chapter 31 of title 40, United 

States Code, applicable to military construction of any facilities on 

Guam. 

The Senate bill contained no similar provision. 

The agreement does not include this provision. 

Expansion of authority of the military departments to develop energy on military lands 

The Senate bill contained a provision (sec. 2831) that would enable the Secretary of Defense to enter long-term contracts for renewable energy from resources developed on military lands. 

The House bill contained no similar provision. 

The agreement does not include the provision. 

Land conveyance, Norwalk Defense Fuel Supply Point, Norwalk, 

California 

The House bill contained a provision (sec. 2852) that would authorize the Secretary of the Air Force to convey 10 acres at the 

Norwalk Defense Fuel Supply Point to the City of Norwalk, California, for recreational purposes. 

The Senate bill contained no similar provision. 

The agreement does not include the House provision. 

Land conveyance, former Naval Station, Treasure Island, California 

The House bill contained a provision (sec. 2853) that would direct 

the Secretary of the Navy to convey the former Naval Station 

Treasure Island, California, to the Treasure Island redevelopment 

authority. 


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The Senate bill contained no similar provision. 

The agreement does not include the House provision. 

Condition on lease involving Naval Air Station, Barbers Point, Hawaii 

The House bill contained a provision (sec. 2854) that would require the Secretary of the Navy and Ford Island Properties/ Hunt 

Development to enter into a memorandum of understanding with 

the Hawaii Community Development Authority to ensure that the 

development plan for real property to be conveyed at Barbers 

Point, Hawaii, conforms to Hawaii Community Development Authority land use controls. 

The Senate bill contained no similar provision. 

The agreement does not include the House provision. 

Land conveyance, Bureau of Land Management land, Camp Williams, Utah 

The House bill contained a provision (sec. 2857) that would direct 

the Secretary of the Interior to convey 431 acres to the State of 

Utah for military use by the Utah National Guard at Camp Williams, Utah. 

The Senate bill contained no similar provision. 

The agreement does not include this provision. 

Decontamination and use of former bombardment area on island of 

Culebra 

The House bill contained a provision (sec. 2872) that would 

amend the Military Construction Authorization Act of 1974 (Public 

Law 93–166) to remove restrictions on environmental remediation 

of the former bombardment area on the island of Culebra, Puerto 

Rico. 

The Senate bill contained no similar provision. 

The agreement does not include this provision. 

Establishment of memorial to American Rangers at Fort Belvoir, 

Virginia 

The House bill contained a provision (sec. 2874) that would authorize the Secretary of the Army to permit the American Ranger 

Memorial Association, Inc., to establish and maintain a memorial 

at a suitable location at Fort Belvoir, Virginia. 

The Senate bill contained no similar provision. 

The agreement does not include the House provision. 

TITLE XXIX—WAR-RELATED AND EMERGENCY 

MILITARY CONSTRUCTION AUTHORIZATIONS 


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792 


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793 

Subtitle A—Fiscal Year 2008 Projects 

Authorized Army construction and land acquisition projects (sec. 

2901) 

The House bill contained a provision (sec. 2901) that would authorize war-related military construction projects for the Army. 

The Senate bill contained a similar provision (sec. 2901). 

The agreement includes this provision. 

The authorized amounts are listed on an installation-by-installation basis in this provision. These authorizations are in addition to 

the projects and amounts authorized in title XXIX of the Military 

Construction Authorization Act for Fiscal Year 2008 (division B of 

Public Law 110–181). 

Authorized Navy construction and land acquisition projects (sec. 

2902) 

The House bill contained a provision (sec. 2902) that would authorize war-related military construction projects for the Navy. 

The Senate bill contained a similar provision (sec. 2902). 

The agreement includes this provision. 

The authorized amounts are listed on an installation-by-installation basis in this provision. These authorizations are in addition to 

the projects and amounts authorized in title XXIX of the Military 

Construction Authorization Act for Fiscal Year 2008 (division B of 

Public Law 110–181). 

Authorized Air Force construction and land acquisition projects 

(sec. 2903) 

The House bill contained a provision (sec. 2903) that would authorize war-related military construction projects of the Air Force. 

The Senate bill contained a similar provision (sec. 2903). 

The agreement includes the Senate provision. 

The authorized amounts are listed on an installation-by-installation basis in this provision. These authorizations are in addition to 

the projects and amounts authorized in title XXIX of the Military 

Construction Authorization Act for Fiscal Year 2008 (division B of 

Public Law 110–181). 

Authorized Defense Agencies construction and land acquisition 

projects (sec. 2904) 

The House bill contained a provision (sec. 2904) that would authorize war-related military construction projects for the defense 

agencies. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that reduces the amounts authorized. 

Termination of authority to carry out fiscal year 2008 Army projects 

(sec. 2905) 

The House bill contained a provision (sec. 2905) that would repeal the project authorizations for military construction projects 

authorized in fiscal year 2008 for which no funds were appropriated. 

The Senate bill contained a similar provision (sec. 2904). 


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The agreement includes this provision. 

Subtitle B—Fiscal Year 2009 Projects 

Authorized Army construction and land acquisition projects (sec. 

2911) 

The Senate bill contained a provision (sec. 2911) that would authorize $450.0 million for military construction projects for the 

Army for fiscal year 2009. The Senate provision would provide additional funding for warrior transition unit facilities, primarily barracks. The funding would be available 14 days after the Secretary 

of Defense submits a report to Congress with a description and justification of the specific projects to be funded. 

The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Authorized Navy construction and land acquisition projects (sec. 

2912) 

The Senate bill contained a provision (sec. 2912) that would authorize $50.0 million in military construction projects for the Navy 

for fiscal year 2009. The Senate provision would provide additional 

funding for warrior transition unit facilities, primarily barracks. 

The funding would be available 14 days after the Secretary of Defense submits a report to Congress with a description and justification of the specific projects to be funded. 

The House bill contained no similar provision. 

The agreement includes this provision. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 

OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Overview 

Title XXXI authorizes appropriations for atomic energy defense 

activities of the Department of Energy for fiscal year 2009, including: the purchase, construction, and acquisition of plant and capital 

equipment; research and development; nuclear weapons activities; 

nuclear nonproliferation activities; naval nuclear propulsion; environmental cleanup; operating expenses; and other expenses necessary to carry out the purposes of the Department of Energy Organization Act (Public Law 95–91). This title authorizes appropriations in five categories: (1) National Nuclear Security Administration (NNSA); (2) defense environmental cleanup; (3) other defense 

activities; (4) defense nuclear waste disposal; and (5) energy security and assurance. 

The budget request for atomic energy defense activities at the 

Department of Energy included $16.0 billion for atomic energy deVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00822 Fmt 6602 Sfmt 6602 E:\HR\OC\B707.XXX B707

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fense activities, a 5.6 percent increase above the fiscal year 2008 

appropriated level. Of the total amount requested: (1) $9.1 billion is for NNSA, of which 

(a) $6.6 billion is for weapons activities, 

(b) $1.2 billion is for defense nuclear nonproliferation activities, 

(c) $828.1 million is for naval reactors, and 

(d) $404.1 million is for the Office of the Administrator; 

(2) $5.3 billion is for defense environmental cleanup; 

(3) $1.3 billion is for other defense activities; and 

(4) $247.4 million is for defense nuclear waste disposal. The budget request also included $7.6 million for energy security 

and assurance within energy supply. We agree to authorize $16.1 billion for atomic energy defense ac- tivities, an increase of $143.2 million above the budget request. 

Of this amount, we authorize: 

(1) $9.8 billion for NNSA, of which 

(a) $6.6 billion would be for weapons activities, a de- crease of $7.0 million below the budget request, (b) $1.9 billion would be for defense nuclear nonproliferation, an increase of $648.2 million above the budget request, (c) $828.1 million would be for naval reactors, the 

amount of the budget request, and (d) $404.0 million would be for the Office of the Administrator, the amount of the budget request; (2) $5.3 billion would be for defense environmental cleanup 

activities, the amount of the budget request; (3) $826.5 million would be for other defense activities, a decrease of $487.0 million below the amount of the budget request; and (4) $222.4 million would be for defense nuclear waste disposal, a reduction of $25.0 million below the amount of the 

budget request. 

We agree to authorize $7.6 million for energy security and assurance, the amount of the budget request. 

The following table summarizes the budget request and the authorizations: 

LEGISLATIVE PROVISIONS ADOPTED


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797 


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798 


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799 


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800 


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801 


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802 


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803 


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804 


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805 


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806 


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807 


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808 


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809 


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810 


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811 


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812 


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813 


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814 


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815 


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816 

National Nuclear Security Administration (sec. 3101) 

The House bill contained a provision (sec. 3101) that would au- thorize $9.3 billion for the activities of the National Nuclear Security Administration (NNSA) for fiscal year 2009, an increase of 

$204.7 million above the budget request. 

The Senate bill contained a similar provision (sec. 3101) that would authorize $9.6 billion for the activities of the NNSA for fiscal 

year 2009, an increase of $544.6 million above the budget request. 

The agreement includes a provision (sec. 3101) that would au- thorize $9.8 billion, an increase of $655.2 million above the budget 

request. Within NNSA, the provision would authorize $6.6 billion for weapons activities, a decrease of $7.0 million; $1.9 billion for defense nuclear nonproliferation, an increase of $648.2 million; 

$828.1 million for naval reactors, the amount of the budget request, 

and $404.1 million for the Office of the Administrator, the amount 

of the request. The budget request included $6.6 billion for weapons activities. The provision would authorize $6.6 billion, a decrease of $7.0 million below the budget request. The budget request included $10.0 

million for the Reliable Replacement Warhead, no funds are provided for this item. The provision would authorize an increase of 

$5.0 million above the budget request for weapons dismantlement 

and disposition and a decrease of $20.0 million below the budget 

request for pit manufacturing. Within campaigns, the provision 

would authorize a reduction of $5.0 million below the budget request for test readiness, an increase of $5.0 million above the budget request for enhanced surety, an increase of $3.0 million above 

the budget request for enhanced surveillance, an increase of $14.6 

million above the budget request for inertial confinement fusion, 

and a decrease of $10.0 million below the budget request for tritium readiness. Within readiness in technical base and facilities, the 

provision would authorize an increase of $1.0 million above the 

budget request, which includes an increase of $10.0 million above 

the budget request for the Lawrence Livermore National Laboratory, an increase of $10.0 million above the budget request for the 

Pantex Plant, and a decrease of $19.0 million for the Kansas City 

Plant. We note that the $19.0 million reduction for the Kansas City 

Plant is without prejudice. The provision provides an additional 

$23.4 million above the budget request for defense nuclear security. The budget request included $1.2 billion for defense nuclear non- proliferation. The provision would authorize $1.9 billion for defense 

nuclear nonproliferation, an increase of $648.2 million, including 

$487.0 million transferred from nuclear energy for the mixed oxide 

fuel fabrication facility. The provision would include an increase of 

$25.0 million above the budget request for the Nonproliferation and 

Verification Research and Development program including technologies to support improved nuclear material forensic and attribution capabilities and seismic research. The provision would authorize a reduction of $5.8 million for the Nonproliferation and International Security (NIS) program, of which $5.0 million shall be applied to the Global Initiatives for Proliferation (GIPP) Prevention 

and the balance shall be applied across the NIS as a reduction for 

Global Nuclear Energy Partnership activities including GIPP. The 


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provision would authorize an increase of $22.0 million above the 

budget request for the International Nuclear Materials and Cooperation program to secure nuclear weapons and weapons materials outside the United States. Funding for the mixed oxide fuel 

fabrication facility, $467.8 million, and $19.2 million for operations 

and maintenance for the U.S. surplus fissile materials disposition, 

has been moved from nuclear energy back to the NNSA to reflect 

that this is a nonproliferation program. The NNSA is the responsible entity within the Department of Energy to manage nonproliferation programs. The provision would authorize an increase 

of $120.0 million above the budget request for the Global Threat 

Reduction Initiative for highly enriched uranium reactor conversion, to secure domestic research and test reactors, to secure and 

remove U.S. origin high risk radiological sources, to secure and remove international high risk radiological sources, and to dispose of 

U.S. origin highly enriched uranium located outside the United 

States. 

The budget request included $828.1 million for naval reactors. 

The provision would authorize the amount of the budget request. The budget request included $404.1 million for the Office of the 

Administrator. The provision would authorize the amount of the 

budget request. 

Defense environmental cleanup (sec. 3102) 

The Senate bill contained a provision (sec. 3102) that would au- thorize $5.3 billion for environmental defense cleanup activities, 

the amount of the budget request. 

The House bill contained a similar provision (sec. 3102) that would authorize $5.3 billion, an increase of $20 million above the 

budget request. 

The agreement includes the Senate provision that would author- ize $5.3 billion, the amount of the budget request. 

The agreement would authorize a number of projects not included in the budget request. The Department of Energy (DOE) 

has identified these projects as unfunded and not included in the 

budget request but necessary to meet environmental cleanup commitments and requirements. Due to the uncertainty of the appropriations process for fiscal year 2009, the agreement would authorize these additional projects but offset the amount of the cost of the 

additional projects through the use of prior year balances. This will 

allow the DOE discretion and flexibility in implementing these additional projects should additional appropriated funds be available. 

In the event that additional funds are not available, the DOE 

would retain the flexibility to implement these projects with prior 

year balances, or through reprogramming actions should the decision be made to do so. We view implementation of the additional 

projects as being within the discretion of the Secretary. 

Funding for these projects is authorized by site and by account. 

The increases for the sites and accounts are as follows: Fernald, 

$13.5 million; 2012 completion projects at the Hanford Site, $89.5 

million; 2035 completion projects at the Hanford Site, $45.0 million; Idaho National Laboratory, $40.0 million; National Nuclear 

Security Administration (NNSA) sites $85.101, which includes $5.0 

million for NNSA/SPRU, $10.0 million for Nevada, $3.0 million for 


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Sandia National Laboratory, and $67.1 million for Los Alamos National Laboratory; Oak Ridge reservation, $25.0 million; Office of 

River Protection, $53.0 million; 2035 completion projects at the Savannah River Site, $58.5 million; Waste Isolation Pilot Project, 

$18.7 million; and safeguards and security at the Hanford Site, 

$8.2 million. 

Other defense activities (sec. 3103) 

The Senate bill contained a provision (sec. 3103) that would authorize $826.5 million for other defense activities, a decrease of 

$487.0 million. 

The House bill contained a similar provision (sec. 3103) that 

would authorize $1.3 billion for other defense activities, an increase 

of $8.0 million. 

The agreement includes the Senate provision. 

The amount authorized is a decrease of $487.0 million from the 

amount of the budget request. We recommend: $446.9 million for 

health, safety, and security, the amount of the budget request; 

$186.0 million for legacy management, the amount of the request; 

$6.6 million for the Office of Hearings and Appeals; and $78.8 million for nuclear energy, a decrease of $487.0 million from the budget request. We recommend that the $487.0 million included in the 

budget request for other defense activities for the mixed oxide fuel 

fabrication facility be transferred to the National Nuclear Security 

Administration. 

Defense nuclear waste disposal (sec. 3104) 

The House bill contained a provision (sec. 3104) that would authorize $247.4 million for defense nuclear waste disposal, the 

amount of the budget request. 

The Senate bill contained a similar provision (sec. 3104) that 

would authorize $197.4 million for defense nuclear waste disposal, 

a reduction of $50.0 million below the budget request. 

The agreement includes the House provision with an amendment 

that would authorize $222.4 million for defense nuclear waste disposal, a reduction of $25.0 million below the budget request. 

Energy security and assurance (sec. 3105) 

The House bill contained a provision (sec. 3105) that would authorize $7.6 million for energy security and assurance at the Department of Energy. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Modification of functions of Administrator for Nuclear Security to 

include elimination of surplus fissile materials usable for nuclear weapons (sec. 3111) 

The Senate bill contained a provision (sec. 3111) that would 

amend section 2402(b)(1) of title 50, United States Code, by adding 

a new paragraph assigning responsibility for elimination of surplus 

fissile materials usable for nuclear weapons to the Administrator 

for Nuclear Security. 


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The House bill contained no similar provision. 

The agreement includes the Senate provision. 

Limitation on funding for project 04–D–125 Chemistry and Metallurgy Research Replacement facility project, Los Alamos National Laboratory, Los Alamos, New Mexico (sec. 3112) 

The House bill provided full funding for project 04–D–125, the 

chemistry and metallurgy research replacement (CMRR) facility 

project at the Department of Energy Los Alamos National Laboratory. The Senate bill provided $50.2 million for CMRR, a reduction of $50.0 million from the budget request. The agreement includes a provision that would authorize $100.2 

million for the CMRR, the amount of the budget request, but would 

prohibit the Administrator of the National Nuclear Security Administration (NNSA) from obligating more than $50.2 million of 

the CMRR funding until 15 days after the Administrator and the 

Defense Nuclear Facilities Safety Board have each certified to the 

congressional defense committees that the issues associated with 

the design of the safety class systems at the CMRR and seismic related design issues have been resolved. 

Nonproliferation and national security scholarship and fellowship 

program (sec. 3113) 

The Senate bill contained a provision (sec. 3114) that would direct the Administrator of the National Nuclear Security Administration (NNSA) to establish a nonproliferation scholarship program. The scholarship program would be available to both undergraduate and graduate students in disciplines to be determined by 

the NNSA administrator. A student would be required to work as 

a Federal Government employee or as a laboratory employee for 1 

year for each year that the student received support under the program. 

The House bill contained a similar provision (sec. 3113(a)) that 

would establish a fellowship program for graduate students in nuclear chemistry. 

The agreement includes the Senate provision with an amendment that would direct the NNSA Administrator to establish a 

scholarship program for nonproliferation and national security programs at the Department of Energy. The provision would authorize 

$3.0 million from funds available to the Administrator to be used 

for the scholarship program in fiscal year 2009. 

There is concern that experts in certain technical areas critical 

to nonproliferation and national security programs, such as radiochemistry, are increasingly difficult for the NNSA and the Department of Energy laboratories to attract and retain. 

Enhancing nuclear forensics capabilities (sec. 3114) 

The House bill contained a provision (sec. 3113) that would establish a fellowship program for graduate students in nuclear 

chemistry and direct the Administrator of the National Nuclear Security Administration (NNSA) to prepare and carry out a research 

and development plan to improve the speed and accuracy of nuclear forensics radiation measurement equipment. In addition, the 


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provision would direct the Secretary of Energy to prepare a research and development plan to support technical forensics and attribution capabilities, including an international database on nuclear material to allow prompt attribution of material or weapons. 

The provision would also amend the report on nuclear forensics 

capabilities required to be submitted by section 3129(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 

110–181) to include a requirement to identify any treaty, legislative, or regulatory actions needed to establish the international 

database. The provision would also direct the Secretary of Defense, 

in consultation with the Secretary of Energy and Homeland Security, to submit a report with respect to a nuclear forensics advisory 

panel. 

The provision would also require a series of reports including, a 

report on the costs of the fellowship program; a research and development plan with the costs to implement the plan; a report on the 

research and development plan for technical capabilities to enhance 

forensics and attribution; and a report on the involvement of senior 

Executive Branch leadership in nuclear terrorism preparedness exercises. 

The Senate bill contained a provision (sec. 3114) that would establish a nonproliferation scholarship and fellowship program. 

The agreement includes the House provision with an amendment 

that would direct the Secretary of Energy to establish, prepare and 

implement a research and development plan to improve nuclear 

forensics capabilities in the Department of Energy (DOE) and at 

the DOE national laboratories. The Secretary of Energy should ensure that the House Committee on Science and Technology receives 

a copy of the report. 

In addition, the amendment would amend the report on nuclear 

forensics capabilities required to be submitted by section 3129(b) of 

the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) to include a requirement to identify any treaty, 

legislative, or regulatory actions needed to establish the international database. 

The amendment would also direct the President to submit a report to the appropriate congressional committees on the involvement of senior level Executive Branch leadership in nuclear terrorism exercises including nuclear forensics analysis. 

Elsewhere in the agreement there is a separate provision that 

would establish a scholarship and fellowship program for nonproliferation and national security. 

Utilization of contributions to International Nuclear Materials Protection and Cooperation program and Russian Plutonium Disposition program (sec. 3115) 

The House bill contained a provision (sec. 3111) that would establish the authority of the Secretary of Energy, in consultation 

with the Secretary of State, to enter into agreements with any person, including a foreign government or entity, which the Secretary 

of Energy considers appropriate, to accept funds to assist with the 

disposition of excess Russian plutonium as part of the Russian Plutonium Disposition program. Contributed funds would be maintained in a separate account in the Treasury, and would be reVerDate Aug 31 2005 02:56 Oct 07, 2008 Jkt 044707 PO 00000 Frm 00848 Fmt 6602 Sfmt 6602 E:\HR\OC\B707.XXX B707

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turned to the donor if not used in 5 years. The provision would also 

require the Secretary of Energy to submit a report on the receipt 

and use of funds. The authority provided in the provision would 

terminate on December 31, 2013. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that would modify existing authority that allows the Department 

of Energy (DOE) to accept contributions for other nonproliferation 

programs to allow DOE to accept contributions for the Russian Plutonium Disposition Program and for the International Nuclear Materials Protection and Cooperation Program. The DOE authority to 

accept contributions for these nonproliferation programs would expire on December 31, 2015. 

Review of and reports on Global Initiatives for Proliferation Prevention program (sec. 3116) 

The Senate bill contained a provision (sec. 3115) that would direct the Administrator of the National Nuclear Security Administration (NNSA) to conduct a review of the Global Initiatives for 

Proliferation Prevention (GIPP) program and submit a report on 

the review to the congressional defense committees no later than 

February 1, 2009. 

The report would include a description of the goals for the GIPP 

program and the criteria for partnership projects together with recommendations regarding the future of projects in Russia and the 

other countries of the former Soviet Union as well as plans for 

projects in countries other than the former Soviet Union. In addition, the report would include a plan for completing all projects in 

the countries of the former Soviet Union by 2012. 

The provision would also restrict funds associated with the Global Nuclear Energy Partnership (GNEP). 

The House bill contained no similar provision. 

The agreement includes the Senate provision with an amendment that would change the due date of the report to October 1, 

2009, and that would require a plan and criteria for completing all 

partnership projects under the program, not just in the countries 

of the former Soviet Union. In addition, recognizing that each country has different needs and presents different opportunities for 

partnerships, the agreement does not include a deadline by which 

projects have to be completed. 

The GNEP funding restriction is addressed in a separate provision. 

We appreciate the GIPP program information recently provided 

by the NNSA and the NNSA efforts to continue to strengthen the 

management, implementation and oversight of the program. This 

additional attention and oversight by the NNSA will ensure that 

the GIPP program achieves its intended nonproliferation objectives, 

and will address the concerns the Government Accountability Office has raised about the GIPP program. We also are encouraged 

that NNSA is reducing unobligated and uncosted balances in GIPP 

program funding and will re-baseline the program by December 

2008 as part of its Strategic Plan. 


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Limitation on availability of funds for Global Nuclear Energy Partnership (sec. 3117) 

The Senate bill contained a provision (sec. 3115(c)) that would 

prohibit funds authorized to be appropriated for defense nuclear 

nonproliferation and available for use in the Global Initiatives for 

Proliferation Prevention program from being used to support the 

Global Nuclear Energy Partnership (GNEP). 

The House bill contained no similar provision. House Report 

110–652 did not support using any defense nuclear nonproliferation 

funds for GNEP. 

The agreement includes the Senate provision with an amendment that would allow no more than $3.0 million of the funds authorized to be appropriated by section 3101(a)(2) for defense nuclear nonproliferation to be used for projects specifically designed 

for the GNEP. None of the $3.0 million amount shall be obligated 

until 30 days after the Administrator of the National Nuclear Security Administration (NNSA) submits to Congress a report describing in detail the amount proposed to be used for GNEP and the 

specific activities that would be funded. 

The agreement specifies that the $3.0 million is available to be 

used for nonproliferation risk assessments relating to the GNEP 

and related work on export control reviews. 

Subtitle C—Reports 

Extension of deadline for Comptroller General report on Department 

of Energy protective force management (sec. 3121) 

The House bill contained a provision (sec. 3112) that would extend the due date for the Comptroller General to complete a report 

on the management of the Department of Energy protective forces 

to March 1, 2009. 

The Senate bill contained no similar provision. 

The agreement contains the House provision. 

Report on compliance with Design Basis Threat issued by the Department of Energy in 2005 (sec. 3122) 

The Senate amendment contained a provision (sec. 3112) that 

would direct the Secretary of Energy to submit a report on the 

progress made by the Department of Energy (DOE) to achieve compliance with the requirements of the 2005 design basis threat 

(DBT) for each DOE site with Category I nuclear materials. The 

DBT establishes the physical security requirements for each DOE 

site. This report would be a follow-on report to the 2006 DBT report, which laid out a plan for each site to either be compliant by 

2008 or obtain a waiver. The provision would also direct the Secretary to conduct an assessment of the 2005 DBT and to identify 

any necessary modifications, updates, or revisions to the 2005 DBT. 

The committee is concerned that several sites may not be in compliance with the 2005 DBT by the end of 2008. 

The House bill contained no similar provision. 

The agreement contains the Senate provision. 


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Modification of submittal of reports on inadvertent releases of restricted data (sec. 3123) 

The Senate bill (sec. 3113) contained a provision that would 

amend section 2672 of title 50, United States Code, to make the annual report on inadvertent releases of restricted data due every 

other year rather than annually. The provision would further 

amend section 2672 to change the frequency of the report that the 

Secretary of Energy submits to Congress to identify the plans of 

various federal agencies to prevent the inadvertent release of restricted data. The provision would modify the frequency of the Department of Energy review of the agencies’ plans from periodic, 

which has been treated by the Secretary as an annual requirement, 

to once every 2 years. 

The House bill contained no similar provision. 

The agreement contains the provision. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

Authorization (sec. 3201) 

The House bill contained a provision (sec. 3201) that would authorize $25.5 million for the activities of the Defense Nuclear Facilities Safety Board, the amount of the budget request. 

The Senate bill contained a similar provision (sec. 3201) that 

would authorize $29.0 million for the activities of the Defense Nuclear Facilities Safety Board, an increase of $3.5 million above the 

amount of the budget request. 

The agreement includes the House provision. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Authorization of appropriations (sec. 3401) 

The House bill contained a provision (sec. 3401) that would authorize $19.1 million for the operation and maintenance of the 

Naval Petroleum and Oil Shale Reserves. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

TITLE XXXV—MARITIME ADMINISTRATION 

LEGISLATIVE PROVISIONS ADOPTED

Authorization of appropriations for fiscal year 2009 (sec. 3501) 

The House bill contained a provision (sec. 3501) for the authorization of appropriations for the Maritime Administration of the 

Department of Transportation for fiscal year 2009. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with clarifying 

amendments for capital improvements at the United States Merchant Marine Academy and maintenance and repair of school ships 

of the various State Maritime Academies. 


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Limitation on export of vessels owned by the Government of the 

United States for the purpose of dismantling, recycling, or 

scrapping (sec. 3502) 

The House bill contained a provision (sec. 3502) that would place 

limits on the export of vessels owned by the United States government for the purpose of scrapping or recycling in foreign shipyards. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Student incentive payment agreements (sec. 3503) 

The House bill contained a provision (sec. 3503) that would raise 

the maximum yearly incentive payment for students at the various 

state maritime academies from $4,000 to $8,000 per year. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Riding gang member requirements (sec. 3504) 

The House bill contained a provision (sec. 3504) that would 

amend section 1018 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) to require 

that riding gang members of vessels engaged in the carriage of 

cargo for the Department of Defense possess a merchant mariners’ 

document issued under chapter 73 of title 46, United States Code, 

or a transportation security card issued under section 70105 of 

such title. In addition, the provision clarifies those personnel onboard such vessels at the direction of the Secretary of Defense shall 

not be classified as riding gang members under section 8106 of title 

46, United States Code. 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Maintenance and repair reimbursement program for the maritime 

security fleet (sec. 3505) 

The House bill contained a provision (sec. 3505) that would direct 

the Administrator of the Maritime Administration to seek to enter 

into agreements for the maintenance and repair pilot program as 

authorized by section 5301 of title 46 United States Code, as 

amended by section 3503 of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163). 

The Senate bill contained no similar provision. 

The agreement includes the House provision. 

Temporary program authorizing contracts with adjunct professors 

at the United States Merchant Marine Academy (sec. 3506) 

The House bill contained a provision (sec. 3506) that would grant 

temporary authority to the Administrator of the Maritime Administration to enter into contracts with Adjunct Professors at the 

United States Merchant Marine Academy. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with an amendment 

that grants temporary authority to the Administrator to transition 

employees of the Academy’s Non-Appropriated Funded Instrumentalities (NAFIs) to the General Schedule. In addition, the amendment would grant authority to the Administrator to accept and use 


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conditional or unconditional gifts of money or property for the benefit of the Academy. 

Actions to address sexual harassment and violence at the United 

States Merchant Marine Academy (sec. 3507) 

The agreement includes a provision that would direct the Secretary of Transportation to direct the Superintendent of the United 

States Merchant Marine Academy to prescribe a policy on sexual 

harassment and sexual violence applicable to the cadets and other 

personnel of the Academy. 

Assistance for small shipyards and maritime communities (sec. 

3508) 

The agreement includes a provision that would repeal section 

3506 of the National Defense Authorization Act for Fiscal Year 

2006 (Public Law 109–163) and add a new section in chapter 541 

of title 46, United States Code, for assistance to small shipyards 

and maritime communities clarifying the program’s intent to provide assistance to projects that would be effective in fostering efficiencies and enhancing employee technical skills. 

Marine war risk insurance (sec. 3509) 

The agreement includes a provision that would extend the authorities granted in section 53912 of title 46, United States Code, 

to December 31, 2015. 

MARAD consultation on Jones Act Waivers (sec. 3510) 

The agreement includes a provision that would require that the 

head of any agency responsible for the administration of the navigation or vessel-inspection laws to obtain a determination from the 

Administrator of the Maritime Administration, acting in the capacity as Director, National Shipping Authority, that sufficient United 

States flag capacity does not exist to meet national defense requirements prior to any waiver of those laws. 

Transportation in American vessels of government personnel and 

certain cargoes (sec. 3511) 

The agreement includes a provision to amend section 55305 of 

title 46, United States Code, to clarify the requirements of that section with respect to the transportation of government personnel 

and cargo in American vessels. 

Port of Guam improvement enterprise program (sec. 3512) 

The House bill contained a provision (sec. 2829) that would create 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. 

The Senate bill contained no similar provision. 

The agreement includes the House provision with a technical 

amendment. 


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827 


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828 


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829 


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830 


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831 


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832 


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833 


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834 


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835 


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836 


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837 


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838 


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839 


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840 


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841 


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842 


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843 


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844 


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845 


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846 


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847 


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848 


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849 


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850 


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851 


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852 


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853 


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854 


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855 


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856 


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857 


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858 


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859 


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860 


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861 


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862 


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863 


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864 


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865 


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866 


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867 


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868 


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869 


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870 


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871 


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872 


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873 


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874 


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875 


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876 


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877 


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878 


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879 


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880 


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881 


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(883) 

[Note from the Director of Legislative Operations: The following 

text is an addendum to the Joint Explanatory Statement as printed 

in the Congressional Record on September 24, 2008] 

Mr. SKELTON. Mr. Speaker, pursuant to H. Res. 1476, which 

the House adopted yesterday, I submit an addendum to the Joint 

Explanatory Statement which I entered into the RECORD yesterday. 

Due to administrative error, a number of Member requests were 

not included in the transparency table in yesterday’s submission. 


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