PUBLIC LAW 110–417—OCT. 14, 2008 

DUNCAN HUNTER NATIONAL DEFENSE 

AUTHORIZATION ACT FOR FISCAL YEAR 2009 


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122 STAT. 4356 PUBLIC LAW 110–417—OCT. 14, 2008 

Public Law 110–417 

110th Congress 

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 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. 

Duncan Hunter 

National Defense 

Authorization 

Act for Fiscal 

Year 2009. 

Oct. 14, 2008 

[S. 3001] 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4357 

(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. 

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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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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. 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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 

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. 

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. 

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. 


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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. 

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. 


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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. 

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. 


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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. 

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: 

10 USC 101 note. 


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(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. 

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. 

Effective dates. 

10 USC 221 note. 


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(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. 

(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. 

Deadline. 

Certification. 


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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 CERTIFICATION.—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 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). 

Notification. 

Certification. 

Deadline. 


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(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 

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. 


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(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 

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 


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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 

off-the-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 

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 CERTIFICATION.—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. 

Deadline. 


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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 CERTIFICATION.—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. 

‘‘(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. 


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‘‘(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

INSUFFICIENT 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 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— 


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(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. 

(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 

non-developmental 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. 

10 USC 2304 

note. 


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(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; 

(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— 

10 USC 113 note. 


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(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. 

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. 


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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. 

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. 

(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 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. 


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‘‘(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. 

‘‘(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 


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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. 

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 

Deadline. 

Effective dates. 

10 USC 221 note. 


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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. 

(c) RESTRICTION ON OBLIGATION OF FUNDS PENDING NOTIFICA- TION.—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 

10 USC 2241 

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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. 

(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. 

Deadline. 


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(d) SUBMITTAL TO CONGRESS.—The Secretary of Defense shall 

submit to the congressional defense committees the roadmap 

required 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. 

10 USC 2358 

note. 

Deadline. 

Reports. 


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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 

(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)’’. 

Effective date. 


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(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 MATTERS.—’’. 

(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 

sea-based 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. 

(L) Estimated cost of sustaining the system in the 

field. 

(M) Reliability, availability, and maintainability. 

Deadline. 

Contracts. 

10 USC 2431 

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(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. 

(b) ELEMENTS.—The matters addressed by the review required 

by subsection (a) shall include the following: 

Reports. 

Certification. 

10 USC 2431 

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(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 costeffectiveness 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 

(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 


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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 Xband 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. 

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 

Reports. 

Deadline. 

Certification. 


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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 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 


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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 

development 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 


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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 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. 


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(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 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 


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(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 

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— 


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(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. 

(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. 


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(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, 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— 

10 USC 2302 

note. 


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(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; 

(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. 

Deadline. 

Deadline. 


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(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— 

(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). 

Deadline. 

Deadline. 

Designation. 

10 USC 2501 

note. 


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(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 

resources 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. 


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(c) REVIEW OF CONVENTIONAL PROMPT GLOBAL STRIKE CON- CEPTS.—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. 

(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 CONCEPTS.—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. 


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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. 

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. 


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(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: 

‘‘§ 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 ‘inlieu-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.’’. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4409 

(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 $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 OFFINSTALLATION 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.’’. 

10 USC 2694c 

note. 


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122 STAT. 4410 PUBLIC LAW 110–417—OCT. 14, 2008 

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. 

(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 rerefine used oil into base oil and vehicle lubricants that meet Department of Defense and industry standards, and the purchase of rerefined 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. 

7 USC 8503 note. 

Deadline. 

Reports. 

10 USC 2710 

note. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4411 

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 

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 

31 USC 501 note. 


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(C) develops guidance to manage internal decisions 

regarding staffing in an integrated manner to ensure officers or employees of the Federal Government or members 

of the Armed Forces are filling critical management roles 

by identifying— 

(i) functions, activities, or positions, or some combination thereof, or 

(ii) additional mechanisms and factors, including 

the management or oversight of awarded contracts, 

statutory mandates, and international obligations; and 

(5) solicit the views of the public regarding the matters 

identified in this section. 

(b) DEFINITIONS OF INHERENTLY GOVERNMENTAL FUNCTION.— The definitions of inherently governmental function described in 

this subsection are the definitions of such term that are contained 

in— 

(1) the Federal Activities Inventory Reform Act of 1998 

(Public Law 105–270; 31 U.S.C. 501 note); 

(2) section 2383 of title 10, United States Code; 

(3) Office of Management and Budget Circular A–76; 

(4) the Federal Acquisition Regulation; and 

(5) any other relevant Federal law or regulation, as determined by the Director of the Office of Management and Budget 

in consultation with the Chief Acquisition Officers Council and 

the Chief Human Capital Officers Council. 

(c) REPORT TO CONGRESS.—Not later than one year after the 

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

Management and Budget, in consultation with the Chief Acquisition 

Officers Council and the Chief Human Capital Officers Council, 

shall submit to the Committees on Armed Services of the Senate 

and House of Representatives, the Committee on Homeland Security 

and Governmental Affairs in the Senate, and the Committee on 

Oversight and Government Reform of the House of Representatives 

a report on the actions taken by the Director under this section. 

Such report shall contain each of the following: 

(1) A description of the actions taken by the Director under 

this section to develop a single definition of inherently governmental function and criteria for critical functions. 

(2) Such legislative recommendations as the Director determines are necessary to further the purposes of this section. 

(3) A description of such steps as may be necessary— 

(A) to ensure that the single definition and criteria 

developed under this section are consistently applied 

through all Federal regulations, circulars, policy letters, 

agency guidance, and other documents; 

(B) to repeal any existing Federal regulations, circular, 

policy letters, agency guidance and other documents determined to be superseded by the definition and criteria developed under this section; and 

(C) to develop any necessary implementing guidance 

under this section for agency staffing and contracting 

decisions, along with appropriate milestones. 

(d) REGULATIONS.—Not later than 180 days after submission 

of the report required by subsection (c), the Director of the Office 

of Management and Budget shall issue regulations to implement 

actions taken under this section to develop a single definition of 

inherently governmental function and criteria for critical functions. 

Deadline. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4413 

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 notfor-profit entity or a federally-funded research and development 

center with appropriate expertise in logistics and logistics analytical 

capability to carry out a study on the capability and efficiency 

of the depots of the Department of Defense to provide the logistics 

capabilities and capacity necessary for national defense. 

(b) CONTENTS OF STUDY.—The study carried out under subsection (a) shall— 

(1) be a quantitative analysis of the post-reset Department 

of Defense depot capability required to provide life cycle 

sustainment of military legacy systems and new systems and 

military equipment; 

(2) take into consideration direct input from the Secretary 

of Defense and the logistics and acquisition leadership of the 

military departments, including materiel support and depot 

commanders; 

(3) take into consideration input from regular and reserve 

components of the Armed Forces, both with respect to requirements for sustainment-level maintenance and the capability 

and capacity to perform depot-level maintenance and repair; 

(4) identify and address each type of activity carried out 

at depots, installation directorates of logistics, regional 

sustainment-level maintenance sites, reserve component 

maintenance capability sites, theater equipment support centers, and Army field support brigade capabilities; 

(5) examine relevant guidance provided and regulations 

prescribed by the Secretary of Defense and the Secretary of 

each of the military departments, including with respect to 

programming and budgeting and the annual budget displays 

provided to Congress; and 

(6) examine any relevant applicable laws, including the 

relevant body of work performed by the Government Accountability Office. 

(c) ISSUES TO BE ADDRESSED.—The study required under subsection (a) shall address each of the following issues with respect 

to depots and depot capabilities: 

(1) The life cycle sustainment maintenance strategies and 

implementation plans of the Department of Defense and the 

military departments that cover— 

(A) the role of each type of maintenance activity; 

(B) business operations; 

(C) workload projection; 

(D) outcome-based performance management objectives; 

(E) the adequacy of information technology systems, 

including workload management systems; 

(F) the workforce, including skills required and 

development; 

(G) budget and fiscal planning policies; and 

(H) capital investment strategies, including the 

implementation of section 2476 of title 10, United States 

Code. 

(2) Current and future maintenance environments, 

including— 

Deadline. 

Contracts. 


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122 STAT. 4414 PUBLIC LAW 110–417—OCT. 14, 2008 

(A) performance-based logistics; 

(B) supply chain management; 

(C) condition-based maintenance; 

(D) reliability-based maintenance; 

(E) consolidation and centralization, including— 

(i) regionalization; 

(ii) two-level maintenance; and 

(iii) forward-based depot capacity; 

(F) public-private partnerships; 

(G) private-sector depot capability and capacity; and 

(H) the impact of proprietary technical documentation. 

(3) The adequate visibility of the maintenance workload 

of each military department in reports submitted to Congress, 

including— 

(A) whether the depot budget lines in current budget 

displays accurately reflect depot level workloads; 

(B) the accuracy of core and 50/50 calculations; 

(C) the usefulness of current reporting requirements 

to the oversight function of senior military and congressional leaders; and 

(D) whether current budgetary guidelines provide sufficient financial flexibility during the year of execution to 

permit the heads of the military departments to make 

best-value decisions between maintenance activities. 

(4) Such other information as determined relevant by the 

entity carrying out the study. 

(d) AVAILABILITY OF INFORMATION.—The Secretary of Defense 

and the Secretaries of each of the military departments shall make 

available to the entity carrying out the study under subsection 

(a) all necessary and relevant information to allow the entity to 

conduct the study in a quantitative and analytical manner. 

(e) REPORTS TO COMMITTEES ON ARMED SERVICES.— 

(1) INTERIM REPORT.—The contract that the Secretary 

enters into under subsection (a) shall provide that not later 

than one year after the commencement of the study conducted 

under this section, the chief executive officer of the entity 

that carries out the study pursuant to the contract shall submit 

to the Committees on Armed Services of the Senate and House 

of Representatives an interim report on the study. 

(2) FINAL REPORT.—Such contract shall provide that not 

later than 22 months after the date on which the Secretary 

of Defense enters into the contract under subsection (a), the 

chief executive officer of the entity that carries out the study 

pursuant to the contract shall submit to the Committees on 

Armed Services of the Senate and House of Representatives 

a final report on the study. The report shall include each 

of the following: 

(A) A description of the depot maintenance environment, as of the date of the conclusion of the study, and 

the anticipated future environment, together with the 

quantitative data used in conducting the assessment of 

such environments under the study. 

(B) Recommendations with respect to what would be 

required to maintain, in a post-reset environment, an efficient and enduring Department of Defense depot capability 

necessary for national defense. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4415 

(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 

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. 

Deadline. 

Deadline. 

Assessments. 


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122 STAT. 4416 PUBLIC LAW 110–417—OCT. 14, 2008 

(5) Whether criteria were developed to measure the 

performance, efficiency, and effectiveness improvements of the 

initiative. 

(6) The effect of the initiative on the workforce, including 

any relocations, change in collective bargaining status, or reductions in force that may have resulted. 

(7) Whether and to what extent employees and their representatives were consulted in the development and 

implementation of the initiative. 

SEC. 324. CONSOLIDATION OF AIR FORCE AND AIR NATIONAL GUARD 

AIRCRAFT MAINTENANCE. 

(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). 

Deadline. 

10 USC 8062 

note. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4417 

(e) CERTIFICATION BY THE SECRETARY OF DEFENSE.—After the 

Secretary of the Air Force submits the reports required by subsections (b) and (c), and before any consolidation of aircraft repair 

facilities and personnel of the active Air Force with aircraft repair 

facilities and personnel of the Air National Guard by the Secretary 

of the Air Force, the Secretary of Defense shall certify that such 

consolidation is in the national interest and will not adversely 

affect recruitment, retention, or execution of the Air National Guard 

mission in the individual States. 

SEC. 325. REPORT ON AIR FORCE CIVILIAN PERSONNEL CONSOLIDATION PLAN. 

(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. 


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(c) UPDATES OF REPORT.—The Secretary of the Air Force shall 

submit to the Committees on Armed Services of the Senate and 

House of Representatives biannual updates of the report required 

under subsection (a) until January 3, 2012. 

SEC. 326. REPORT ON REDUCTION IN NUMBER OF FIREFIGHTERS ON 

AIR FORCE BASES. 

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:’’; 

Termination 

date. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4419 

(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 committees at the end of the three-year period a report 

containing— 

Reports. 

Deadlines. 

10 USC 2911 

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(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. 

(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 


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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. 

10 USC 2911 

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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 Commandant of the Marine Corps with respect to their plans to 

expand combat skills training for members of the Navy and 


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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; 

(2) an analysis of the effect of mobilization and deployment 

laws, regulations, goals, and policies on the Army’s ability 


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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 DOCU- MENTS.—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. 

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 

Deadline. 

10 USC 221 note. 


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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. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

10 USC 2302 

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122 STAT. 4428 PUBLIC LAW 110–417—OCT. 14, 2008 

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 

authorized strengths of such units and by the total number of 

such individual members. 


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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 full-time 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: 

(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. 


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(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 

supersedes any other authorization of appropriations (definite or 

indefinite) for such purpose for fiscal year 2009. 

Termination 

date. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4431 

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. 

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. 


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122 STAT. 4432 PUBLIC LAW 110–417—OCT. 14, 2008 

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. 

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 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4433 

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 OFFI- CERS.—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’’. 

(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’’. 


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122 STAT. 4434 PUBLIC LAW 110–417—OCT. 14, 2008 

(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

ASSIGNMENTS 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)— 

(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.— 

10 USC 525 note. 

10 USC 526 note. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4435 

(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 Defense submits the report required by paragraph (1), the 

Secretary 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; 


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122 STAT. 4436 PUBLIC LAW 110–417—OCT. 14, 2008 

(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— 

(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). 

Time period. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4437 

(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 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. 

President. 

President. 


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122 STAT. 4438 PUBLIC LAW 110–417—OCT. 14, 2008 

(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 TEMPORARY 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. 

(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. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4439 

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 

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


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122 STAT. 4440 PUBLIC LAW 110–417—OCT. 14, 2008 

‘‘Marine Corps Reserve: 

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

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


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4441 

‘‘Army National Guard: 

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 FEDERAL 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’’. 

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: 


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‘‘§ 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: 

‘‘(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.’’. 


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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 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, 


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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 

(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 

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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— 

(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’’; 


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(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. 

‘‘(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— 


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‘‘(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): 

‘‘(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). 


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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).’’. 

(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. 


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(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. 

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 

10 USC 701 note. 

10 USC 701 note. 

Regulations. 


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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. 

(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. 


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(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 

paragraph (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 

Regulations. 

Procedures. 

Standards. 

Regulations. 

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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.— (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.— 


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(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 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 

Time period. 

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of the Armed Forces possessing critical skills, talents, 

and leadership abilities; 

(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. 

10 USC 4342 

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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 activi- ties 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 activi- ties 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 6957a the following new item: 

‘‘6957b. Foreign and cultural exchange activities.’’. 


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(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: 

‘‘§ 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. 

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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 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: 

‘‘§ 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 

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‘‘(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 COL- LEGE.— 

(1) IN GENERAL.—Section 4314 of such title is amended 

to read as follows: 

‘‘§ 4314. Degree granting authority for United States Army 

Command and General Staff College 

‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 

of the Army, the Commandant of the United States Army Command 

and General Staff College may, upon the recommendation of the 

faculty and dean of the college, confer appropriate degrees upon 

graduates who meet the degree requirements. 

‘‘(b) LIMITATION.—A degree may not be conferred under this 

section unless— 

‘‘(1) the Secretary of Education has recommended approval 

of the degree in accordance with the Federal Policy Governing 

Granting of Academic Degrees by Federal Agencies; and 

‘‘(2) the 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, 

Reports. 

Regulations. 

Assessments. 

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the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives— 

‘‘(A) a copy of the self assessment questionnaire required 

by the Federal Policy Governing Granting of Academic Degrees 

by Federal Agencies, at the time the assessment is submitted 

to the Department of Education’s National Advisory Committee 

on Institutional Quality and Integrity; and 

‘‘(B) the subsequent recommendations and rationale of the 

Secretary of Education regarding the establishment of the 

degree granting authority. 

‘‘(2) Upon any modification 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: 

‘‘§ 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 

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Reports. 

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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: 

‘‘§ 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. 

Assessments. 

Reports. 

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‘‘(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 recommendation of the faculty of the Naval War College components, confer appropriate degrees upon graduates who meet the 

degree requirements. 

‘‘(b) LIMITATION.—A degree may not be conferred under this 

section unless— 

‘‘(1) the Secretary of Education has recommended approval 

of the degree in accordance with the Federal Policy Governing 

Granting of Academic Degrees by Federal Agencies; and 

‘‘(2) the 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 

Assessments. 

Reports. 

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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— 

‘‘(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.’’. 

Establishment. 

Assessments. 

Reports. 

Regulations. 


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(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. 

‘‘(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— Regulations. 

Assessments. 

Reports. 


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‘‘(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 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: 

Regulations. 


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‘‘§ 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. 

‘‘(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: 

Assessments. 

Reports. 

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‘‘(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 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. 

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(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 to establish and support additional Junior Reserve Officers’ 

Training Corps units, shall work with local educational agencies 

to increase 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 


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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. 

(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 


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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 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’’. 

Applicability. 

Expiration date. 


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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: 

‘‘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. 


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(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). 

(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 

10 USC 113 note. 

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of honor) that may be presented or awarded by the President 

or the Secretary concerned to a member of the armed forces.’’. 

(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; CONSOLIDATION 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: 

President. 


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‘‘(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 presented 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. 


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‘‘(d) PORTABLE CAREER OPPORTUNITIES DEFINED.—In this section, the term ‘portable career’ includes an occupation identified 

by the 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 


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or forfeiture paid, beginning from the date of the conviction through 

the date on which the payment is made.’’. 

(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 

Applicability. 


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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, 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. 

Deadline. 


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(2) MEETINGS.—The commission shall meet at the call of 

the chairman. 

(d) DUTIES.— 

(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 genderspecific 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 ethnicspecific 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 warrant officer, chief warrant officer, company and junior 

grade, field and mid-grade, and general and flag officer. 


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(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 under this paragraph shall be made from funds specifically appropriated for that purpose. 


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(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. 

(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. 

Payments. 

Applicability. 


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(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. 

(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). 


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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. 

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 


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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 

(d) of section 427 of title 37, United States Code, as added by 

subsection (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’’. 

Applicability. 

Effective date. 


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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’’. 

(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’’. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4485 

(i) ACCESSION BONUS FOR DENTAL SPECIALIST OFFICERS IN

CRITICALLY 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 OCCUPA- TIONAL 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’’. 

(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 


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122 STAT. 4486 PUBLIC LAW 110–417—OCT. 14, 2008 

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)’’. 

(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. 


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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): 

‘‘(g) FOREIGN LANGUAGE STUDIES IN OFFICER TRAINING PROGRAMS.— 

‘‘(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 


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122 STAT. 4488 PUBLIC LAW 110–417—OCT. 14, 2008 

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 individual 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 in the individual’s language program or study as described 

in subsection (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. 


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‘‘(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. 

(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 


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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 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 

Expiration date. 


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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.— 

‘‘(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— 


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(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). 

‘‘(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 

Effective date. 

Regulations. 


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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.’’. 

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— 

Applicability. 

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(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. 

‘‘(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. 

Public 

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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. 

(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). 

(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. 

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‘‘(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

TERMINATION’’ 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 requirements with regard to a member of the uniformed services 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 

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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.’’. 

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. 


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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’’. 

(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.’’. 

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(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 a plan to establish a program to build cooperative health 

care arrangements and agreements between military installations 

projected 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— 

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(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). 

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 

Regulations. 

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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. 

(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 

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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 physiological and biometric measures of beneficiaries are 

improved 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. 

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(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 

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 medicareeligible 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. 

Regulations. 

Deadline. 

Deadline. 


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(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. 

(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. 

Time period. 


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‘‘(C) Cervical screening. 

‘‘(D) Prostate screening. 

‘‘(E) Annual physical exam. 

‘‘(F) Annual dental exam. 

‘‘(G) Weight and body mass screening. 

‘‘(H) Vaccinations. 

‘‘(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. 


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‘‘(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. 

‘‘(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’’). 

Establishment. 


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(3) CONSULTATION IN DEVELOPMENT.—The center shall 

develop the Registry in consultation with audiologists, speech 

and language pathologists, otolaryngologists, and other specialist 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. 

Notice. 

Deadlines. 


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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 of Veterans 

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. 

Establishment. 

Ante, p. 455. 


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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. 

Termination 

date. 


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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 cochairs 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. 

(c) ASSESSMENT AND RECOMMENDATIONS ON SUICIDE PREVEN- TION POLICY.— 


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(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 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. 

Deadline. 

Reports. 


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(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.— 

(1) EXPANSION OF AVAILABILITY FOR RESERVES ASSIGNED

TO UNITS SCHEDULED FOR DEPLOYMENT WITHIN 75 DAYS OF

MOBILIZATION.—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’’. 

Deadline. 

Deadline. 


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(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 MEDICAL AND DENTAL READINESS.— 

(1) IN GENERAL.—Not later than March 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 policies and procedures of the Department of 

Defense 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 

Regulations. 

Waiver authority. 


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(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 

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. 


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122 STAT. 4516 PUBLIC LAW 110–417—OCT. 14, 2008 

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. 

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. 


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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 

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. 

Study. 

Reports. 


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122 STAT. 4518 PUBLIC LAW 110–417—OCT. 14, 2008 

(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— 

(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. 

Deadline. 

Deadline. 

Reports. 


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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 NONDEFENSE 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 NONDEFENSE 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. 

(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)— 


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(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 SUB- JECT TO ACQUISITION REPORTING REQUIREMENTS.—(1) If the Secretary of Defense determines that a major defense acquisition program requires 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 

Notification. 

Deadline. 

Deadline. 


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(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.’’. 

(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)— 


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(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 

(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)— 


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(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)— 

(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)’’; 


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(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)— 

(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; 


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(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’’. 

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— 


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122 STAT. 4526 PUBLIC LAW 110–417—OCT. 14, 2008 

(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’’; 

(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)— 


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(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 

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— 

10 USC 2302 

note. 

Ante, p. 223. 

Ante, p. 35. 


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(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 

(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. 


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(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. 

(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

ACQUISITION 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 


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(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 

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 

Deadline. 

Deadline. 

10 USC 2430 

note. 

Deadline. 


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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; 

(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).’’. 

Notification. 

Determination. 


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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 

non-FAR 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; 

(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 AGREEMENTS.—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. 

Deadline. 


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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 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’’. 

Deadline. 


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(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: 

‘‘§ 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. 

Deadline. 


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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 

ordinarily 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: 

Termination 

date. 


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‘‘§ 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 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 OFFI- CERS 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. 


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‘‘(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. 

‘‘(d) RELATIONSHIP TO LIMITATION ON PREFERENCE FOR MILI- TARY 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. 

Deadline. 


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(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 

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 conflicts-of-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 

Effective date. 

Applicability. 


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described in that subparagraph, then this subsection 

applies only to that portion of the contract. 

(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. 

Deadline. 


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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. 

(b) MATTERS COVERED.—The report shall comprehensively 

examine the rationale, implications, and costs and benefits for both 

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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: 

‘‘(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. 

Classified 

information. 


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‘‘(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 

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. 


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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. 

(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 co-chairman 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.— 

(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 

Applicability. 


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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: 

‘‘(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). 


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‘‘(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— 

(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’’; 

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(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 

‘‘(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.’’. 

Applicability. 

Applicability. 

Clean 

Contracting 

Act of 2008. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4547 

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— 

(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.— 

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122 STAT. 4548 PUBLIC LAW 110–417—OCT. 14, 2008 

(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). 

(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. 

Publication. 

Deadline. 

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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4549 

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 cost-reimbursement 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 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)). 

Submission 

dates. 

Applicability. 

Deadline. 

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122 STAT. 4550 PUBLIC LAW 110–417—OCT. 14, 2008 

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 Director 

of the Office of Management and Budget, submit to the Director 

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

(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. 

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(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 lowertier 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 costreimbursement 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)). 

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); 

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122 STAT. 4552 PUBLIC LAW 110–417—OCT. 14, 2008 

(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). 

(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 

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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: 

(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 


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122 STAT. 4554 PUBLIC LAW 110–417—OCT. 14, 2008 

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 ‘Corps’). The members of the Corps shall be available for 

deployment in responding to an emergency or major disaster, or 

a contingency 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 


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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.’’. 

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 

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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). 

(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 


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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. 

(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— 

31 USC 6101 

note. 

Deadline. 


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(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. 

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 

Deadline. 

41 USC 405 note. 

Deadline. 

Reports. 

Guidelines. 

Recommendations. 


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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 

(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; 


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(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 

with motor carriers, brokers, or freight forwarders providing or 

arranging 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 

10 USC 2302 

note. 


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(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.— 

(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 KC45 Aerial Refueling Aircraft Program. 

Consultation. 

Deadline. 


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(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 use of competitive procedures or such other procurement 

procedures 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. 

Recommendations. 

Deadline. 


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(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. 

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. 


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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. 

(c) SUBMISSION OF PLAN TO CONGRESSIONAL DEFENSE COMMITTEES.—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 

President. 

Deadline. 


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‘‘(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 a plan for implementation of the strategy within the military 

departments, 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). 

Recommendations. 

Deadline. 

Consultation. 

Procedures. 

Deadline. 

Designation. 


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‘‘(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 separate statement of estimated expenditures and requested 

appropriations 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

PREVENTION 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 

Deadline. 

10 USC 2228 

note. 

Deadline. 

Reports. 

Deadline. 

Reports. 

Certification. 


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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. 

(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; 

Deadlines. 

Reports. 


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(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.’’. 

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). 

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(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. 

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.— 

10 USC 2222 

note. 

5 USC app. 8. 

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(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 consultation with the Director of the Business 

Transformation Agency of the Department of Defense, from 

among individuals with significant experience managing largescale 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 

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(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. 

(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 


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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). 

(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 

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(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 

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 


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(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) COLORADO AND KENTUCKY CHEMICAL DEMILITARIZATION

CITIZENS’ ADVISORY COMMISSIONS.—(1) Notwithstanding subsections (b), (g), and (h), and consistent with section 142 of the 

Strom Thurmond 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 

Transfer 

authority. 


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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 

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 

Geospatial-Intelligence 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’’. 

5 USC app. 105. 

44 USC 1336. 

5 USC 2302 et 

seq. 


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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.’’. 

(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 

Applicability. 

10 USC 184 note. 


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10, United States Code (as so amended), that begin on or 

after that date. 

(b) TEMPORARY WAIVER OF REIMBURSEMENT OF COSTS OF

ACTIVITIES 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 

(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. 

10 USC 184 note. 


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(b) RESTRICTION ON OBLIGATION OF FUNDS PENDING CERTIFICATION.—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. 

(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 

Deadline. 

Notification. 


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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. 

(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. 


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122 STAT. 4580 PUBLIC LAW 110–417—OCT. 14, 2008 

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. 

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. 


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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. 

(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 


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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 onetime 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.— (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 

Deadline. 

Effective date. 


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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 

common-funded 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 

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 

merit-based 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 

Deadline. 

10 USC 2263 

note. 


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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 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 

Applicability. 


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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 

Administrator 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 


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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’’. 

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 

Ante, p. 303. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4587 

(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 SUP- PORT.—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— 

(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 counternarcotics policy for Africa. 


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(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 counternarcotics 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 counter-narcotics 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. 

(2) A detailed and comprehensive plan to enhance cooperation with certain African countries, which are often geographically contiguous to other African countries that have a significant 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 


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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. 

‘‘(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

DEPARTMENTS OR AGENCIES.—The head of any non-Department 

of Defense department or agency of the United States Government 

may— 


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‘‘(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 

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.’’. 


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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 

Department 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; 


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‘‘(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 

under paragraph (1) under a contract under subsection (c) for 

charter 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 


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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: 

‘‘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

AUTHORITY.— (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 semiannual 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 

10 USC 9515 

note. 


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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 

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 


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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 

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 


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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 DEFENSEFEDERAL 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, 

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 


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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; 

(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 

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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. 

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 


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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— 

(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 

non-combat causes being reduced to 1.0; 


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(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. 

(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 

non-state 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 

President. 


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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. 

(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 

President. 


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(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 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. 


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(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 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 fiveyear 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 fiveyear 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. 

10 USC 2366a 

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(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 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 


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(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. 

(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. 1962d5b), 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— 


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(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 

(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.— 

Deadline. 


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(1) INITIAL MEETING.—The advisory panel shall conduct 

its first meeting not later than 30 days after the date that 

all appointments to the advisory panel have been made under 

subsection (b). 

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

often than once every three months. The advisory panel may 

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

of State, or the Administrator. 

(3) PROCEDURES.—The advisory panel shall carry out its 

duties under procedures established under subsection (d). 

(d) SUPPORT OF FEDERALLY FUNDED RESEARCH AND DEVELOP- MENT 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.— 

Deadline. 

Contracts. 

Deadline. 


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(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— 

(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 Department of Defense Directive 3000.05, National Security 

Deadline. 


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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 

(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. 


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(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, 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 

Deadline. 

10 USC 2241 

note. 


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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)— 

(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’’. 

10 USC 113 note. 


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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’’. 

(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. 

Effective date. 

Ante, p. 319. 


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(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 ‘‘publicprivate’’. 

(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 


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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 ACTIVI- TIES.—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. 

(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). 

50 USC 2370. 


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(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— 

(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 

Certification. 


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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’’. 

(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 

Deadline. 


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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.’’. 

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— 

Waiver authority. 

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‘‘(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. 

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). 

10 USC 2358 

note. 

10 USC 1580 

note. 

Applicability. 


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‘‘(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’’. 

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 

10 USC 143 note. 


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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 PERSONNEL.—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 report to the congressional defense committees on the implementation 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. 


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(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. 

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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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: 

‘‘(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 

10 USC 2010 

note. 

10 USC 168 note. 


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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 

‘‘(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 computerassisted 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.— 


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‘‘(1) GUIDANCE REQUIRED.—The Secretary of Defense shall 

develop and issue guidance on the procedures for the use of 

the authority in this section. 

‘‘(2) MODIFICATION.—If the Secretary modifies the guidance 

issued under paragraph (1), the Secretary shall submit to the 

appropriate committees of Congress a report setting forth the 

modified guidance not later than 30 days after the date of 

such modification. 

‘‘(f) ANNUAL REPORT.— ‘‘(1) REPORT REQUIRED.—Not later than October 31 following each fiscal year in which the authority in this section 

is used, the Secretary of Defense shall submit to the appropriate 

committees of Congress a report on the exercise of the authority 

during such fiscal year. 

‘‘(2) ELEMENTS.—Each report under paragraph (1) shall 

include, for the fiscal year covered by such report, the following: 

‘‘(A) A statement of the recipients of learning content 

and information technology provided under this section. 

‘‘(B) A description of the type, quantity, and value 

of the learning content and information technology provided 

under this section. 

‘‘(g) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘appropriate committees of Congress’ means— 

‘‘(1) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate; and 

‘‘(2) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter I of chapter 134 of such title is 

amended by adding at the end the following new item: 

‘‘2249d. Distribution to certain foreign personnel of education and training materials 

and information technology to enhance military interoperability with the 

armed forces.’’. 

(b) GUIDANCE ON UTILIZATION OF AUTHORITY.— (1) SUBMITTAL TO CONGRESS.—Not later than 30 days after 

issuing the guidance required by section 2249d(e) of title 10, 

United States Code, as added by subsection (a), the Secretary 

of Defense shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report setting 

forth such guidance. 

(2) UTILIZATION OF SIMILAR GUIDANCE.—In developing the 

guidance required by section 2249d(e) of title 10, United States 

Code, as so added, the Secretary may utilize applicable portions 

of the current guidance developed by the Secretary under subsection (f) of section 1207 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 

120 Stat. 2419) for purposes of the exercise of the authority 

in such section 1207. 

(c) REPEAL OF SUPERSEDED AUTHORITY.— (1) IN GENERAL.—Section 1207 of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 is repealed. 

(2) SUBMITTAL OF FINAL REPORT ON EXERCISE OF

AUTHORITY.—If the Secretary of Defense exercised the authority 

in section 1207 of the John Warner National Defense Authorization Act for Fiscal Year 2007 during fiscal year 2008, the 

Secretary shall submit the report required by subsection (g) 

of such section for such fiscal year in accordance with the 

120 Stat. 2419. 

Deadline. 

10 USC 2249d 

note. 

Reports. 

Deadline. 


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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

YEARS.—Amounts available under this subsection for the 

authority in subsection (a) for a fiscal year may be used for 

programs under that authority that begin in such fiscal year 

but end in the next fiscal year.’’. 

(c) THREE-YEAR EXTENSION OF AUTHORITY.—Subsection (g) of 

such section, as so amended, is further amended— 

(1) by striking ‘‘September 30, 2008’’ and inserting ‘‘September 30, 2011’’; and 

(2) by striking ‘‘fiscal year 2006, 2007, or 2008’’ and 

inserting ‘‘fiscal years 2006 through 2011’’. 

(d) EFFECTIVE DATE.—The amendment made by subsection 

(b)(2) shall take effect on October 1, 2008, and shall apply with 

respect to programs under the authority in subsection (a) of section 

1206 of the National Defense Authorization Act for Fiscal Year 

2006, as so amended, that begin on or after that date. 

SEC. 1207. EXTENSION OF AUTHORITY AND INCREASED FUNDING FOR 

SECURITY AND STABILIZATION ASSISTANCE. 

(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.’’. 

10 USC 2249d 

note. 


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(b) ASSISTANCE TO GEORGIA DURING FISCAL YEAR 2009.—Subsection (b) of such section is amended— 

(1) by striking ‘‘The aggregate value’’ and inserting the 

following: 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

the aggregate value’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) ASSISTANCE TO GEORGIA DURING FISCAL YEAR 2009.— 

‘‘(A) IN GENERAL.—The Secretary of Defense is authorized during fiscal year 2009 to exercise the authority of 

subsection (a) to provide services to, and transfer defense 

articles and funds to, the Secretary of State for the purposes of facilitating the provision by the Secretary of State 

of reconstruction, security, or stabilization assistance to 

the country of Georgia. 

‘‘(B) LIMITATION.—The aggregate value of all services, 

defense articles, and funds provided or transferred to the 

Secretary of State under this section for Georgia in fiscal 

year 2009— 

‘‘(i) may not exceed $50,000,000; and 

‘‘(ii) shall not count against the dollar amount 

limitation specified in paragraph (1) for such fiscal 

year.’’. 

(c) EXTENSION OF AUTHORITY.—Subsection (g) of such section, 

as amended by section 1210(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 369), 

is further amended by striking ‘‘September 30, 2008’’ and inserting 

‘‘September 30, 2009’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2008. 

SEC. 1208. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT 

OF SPECIAL OPERATIONS TO COMBAT TERRORISM. 

(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. 


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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— 

(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. 

Notification. 

President. 

10 USC 2249c 

note. 


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(b) MATTERS TO BE INCLUDED.—The report required under subsection (a) shall include, with respect to each agreement described 

in subsection (a), the following: 

(1) A description of any conditions placed on United States 

combat operations by the Government of Iraq, including 

required coordination, if any, before such operations can be 

undertaken. 

(2) A description of any constraints placed on United States 

military personnel, civilian personnel, and contractor personnel 

of contracts awarded by any department or agency of the United 

States Government as a result of such conditions. 

(3) A description of the conditions under which United 

States military personnel, civilian personnel, or contractor personnel of contracts awarded by any department or agency of 

the United States Government could be tried by an Iraqi court 

for alleged crimes occurring both during the performance of 

official duties and during other such times, and the protections 

that such personnel would be extended in an Iraqi court, if 

applicable. 

(4) An assessment of authorities under the agreement for 

United States Armed Forces and Coalition partners to 

apprehend, detain, and interrogate prisoners and otherwise 

collect intelligence. 

(5) A description of any security commitment, arrangement, 

or assurance that obligates the United States to respond to 

internal or external threats against Iraq, including the manner 

in which such commitment, arrangement, or assurance may 

be implemented. 

(6) An assessment of any payments required under the 

agreement to be paid to the Government of Iraq or other 

Iraqi entities for rights, access, or support for bases and facilities. 

(7) An assessment of any payments required under the 

agreement for any claims for deaths and damages caused by 

United States military personnel, civilian personnel, and contractor personnel of contracts awarded by any department or 

agency of the United States Government in the performance 

of their official duties. 

(8) A description of the arrangements required under the 

agreement to resolve disputes arising over matters contained 

in the agreement or to consider changes to the agreement. 

(9) A discussion of the extent to which the agreement 

applies to other Coalition partners. 

(10) A description of how the agreement can be terminated 

by the United States or Iraq. 

(c) FORM.—The report required under subsection (a) shall be 

submitted in unclassified form, but may include a classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate. 

(e) TERMINATION OF REQUIREMENT.— 


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(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; 

(2) a mission statement and clearly defined objectives for 

each United States-led PRT; and 

(3) measures of effectiveness and performance indicators 

for meeting the objectives of each United States-led PRT as 

described in paragraph (2). 

(c) REPORT.— 

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

of the enactment of this Act, and every 90 days thereafter 

through the end of fiscal year 2010, the President shall transmit 

to the appropriate congressional committees a report on the 

implementation of the strategy required under subsection (a), 

including an assessment of the specific contributions United 

States-led PRTs are making to implement the strategy. The 

initial report required under this subsection should include 

a general description of the strategy required under subsection 

(a) and a general discussion of the elements of the strategy 

required under subsection (b). 

(2) INCLUSION IN OTHER REPORT.—The report required 

under this subsection may be included in the report required 

by section 1227 of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3465). 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

President. 

22 USC 2151 

note. 

Deadline. 


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(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: 

‘‘(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. 


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‘‘(iii) A description of the current status of the 

project, including, where appropriate, the projected 

completion date. 

‘‘(D) A description of the status of transitioning activities carried out under the Commanders’ Emergency 

Response Program in Iraq to the Government of Iraq, 

including— 

‘‘(i) the level of funding provided by the Government of Iraq for the Government of Iraq Commanders’ 

Emergency Response Program (commonly known as 

‘I-CERP’); 

‘‘(ii) the level of funding provided and expended 

by the Government of Iraq in other programs designed 

to meet urgent humanitarian relief and reconstruction 

requirements that immediately assist the Iraqi people; 

and 

‘‘(iii) a description of the progress made in 

transitioning the responsibility for the Sons of Iraq 

Program to the Government of Iraq. 

‘‘(3) BRIEFINGS.—Not later than 15 days after the submission of each report under paragraph (1), appropriate officials 

of the Department of Defense shall meet with the congressional 

defense committees to brief such committees on the matters 

contained in the report.’’. 

(c) PROHIBITION ON CERTAIN PROJECTS UNDER THE COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN IRAQ.—Such section, 

as so amended, is further amended— 

(1) by redesignating subsection (e) as subsection (f); and 

(2) by inserting after subsection (d) the following new subsection: 

‘‘(e) PROHIBITION ON CERTAIN PROJECTS UNDER THE COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN IRAQ.— 

‘‘(1) PROHIBITION.—Except as provided in paragraph (2), 

funds made available under this section for the Commanders’ 

Emergency Response Program in Iraq may not be obligated 

or expended to carry out any project commenced after the 

date of the enactment of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 if the total amount 

of such funds made available for the purpose of carrying out 

the project exceeds $2,000,000. 

‘‘(2) EXCEPTION.—The prohibition contained in paragraph 

(1) shall not apply with respect to funds managed or controlled 

by the Department of Defense that were otherwise provided 

by another department or agency of the United States Government, the Government of Iraq, the government of a foreign 

country, a foundation or other charitable organization 

(including a foundation or charitable organization that is organized or operates under the laws of a foreign country), or 

any source in the private sector of the United States or a 

foreign country. 

‘‘(3) WAIVER.—The Secretary of Defense may waive the 

prohibition contained in paragraph (1) if the Secretary of 

Defense— 

‘‘(A) determines that such a waiver is required to meet 

urgent humanitarian relief and reconstruction requirements that will immediately assist the Iraqi people; and 

Deadline. 


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‘‘(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 COM- MANDERS’ EMERGENCY RESPONSE PROGRAM IN IRAQ.—Such section, 

as so amended, is further amended— 

(1) by redesignating subsection (f), as redesignated by subsection (c) of this section, as subsection (g); and 

(2) by inserting after subsection (e), as added by subsection 

(c) of this section, the following new subsection: 

‘‘(f) CERTIFICATION ON CERTAIN PROJECTS UNDER THE COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN IRAQ.— 

‘‘(1) CERTIFICATION.—Funds made available under this section for the Commanders’ Emergency Response Program in 

Iraq may not be obligated or expended to carry out any project 

commenced after the date of the enactment of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 

2009 if the total amount of such funds made available for 

the purpose of carrying out the project exceeds $1,000,000 

unless the Secretary of Defense certifies that the project 

addresses urgent humanitarian relief and reconstruction 

requirements that will immediately assist the Iraqi people. 

‘‘(2) DELEGATION.—The Secretary may delegate the 

authority under paragraph (1) to the Deputy Secretary of 

Defense.’’. 

(e) SENSE OF CONGRESS.—It is the sense of Congress that 

the Government of Iraq should assume increasing responsibility 

for funding and carrying out projects currently funded by the United 

States through the Commanders’ Emergency Response Program, 

and should assume all costs associated with the Sons of Iraq program as expeditiously as possible. 

SEC. 1215. PERFORMANCE MONITORING SYSTEM FOR UNITED 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 

President. 

22 USC 7513 

note. 

Deadline. 

Notification. 


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(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 congressional committees a report on the command and 

control structure for military forces operating in Afghanistan. 

(b) MATTERS TO BE INCLUDED.—The report required under subsection (a) shall include the following: 

(1) A detailed description of efforts by the Secretary of 

Defense, in coordination with senior leaders of NATO ISAF 

forces, including the commander of NATO ISAF forces, to 

modify the chain of command structure for military forces operating in Afghanistan to better coordinate and de-conflict military operations and achieve unity of command whenever possible in Afghanistan, and the results of such efforts, including— 

(A) any United States or NATO ISAF plan for 

improving the command and control structure for military 

forces operating in Afghanistan; and 

(B) any efforts to establish a headquarters in Afghanistan that is led by a commander— 

(i) with command authority over NATO ISAF 

forces and separate United States forces operating 

under Operation Enduring Freedom and charged with 

closely coordinating the efforts of such forces; and 

(ii) responsible for coordinating other United 

States and international security efforts in Afghanistan. 

(2) A description of how rules of engagement are determined and managed for United States forces operating under 

NATO ISAF or Operation Enduring Freedom, and a description 

of any key differences between rules of engagement for NATO 

ISAF forces and separate United States forces operating under 

Operation Enduring Freedom. 

10 USC 113 note. 

President. 


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(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— 

(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 


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(b)(1) of such section is amended by adding at the end the following 

new subparagraph: 

‘‘(C) COPY OF NOTIFICATION.—The Secretary of Defense 

shall submit to the Committee on Foreign Affairs of the 

House of Representatives and the Committee on Foreign 

Relations of the Senate a copy of each notification required 

under subparagraph (A).’’. 

(c) ADDITIONAL INFORMATION ON DEPARTMENT OF DEFENSE

COALITION SUPPORT FUNDS FOR PAKISTAN.—Subsection (b) of such 

section is amended— 

(1) by redesignating paragraph (5) as paragraph (6); and 

(2) by inserting after paragraph (4) the following new paragraph: 

‘‘(5) REQUIREMENT TO SUBMIT INFORMATION RELATING TO

CLAIMS DISALLOWED OR DEFERRED BY THE UNITED STATES.— ‘‘(A) IN GENERAL.—The Secretary of Defense shall 

submit, in the manner specified in subparagraph (B), an 

itemized description of the costs claimed by the Government of Pakistan for logistical, military, or other support 

provided by Pakistan to the United States for which the 

United States will disallow or defer reimbursement to the 

Government of Pakistan under the authority of any provision of law described in paragraph (1)(B). 

‘‘(B) MANNER OF SUBMISSION.— 

‘‘(i) IN GENERAL.—To the maximum extent practicable, the Secretary shall submit each itemized 

description of costs required under subparagraph (A) 

as part of the notification required under paragraph 

(1). 

‘‘(ii) ALTERNATIVE SUBMISSION.—To the extent that 

an itemized description of costs required under 

subparagraph (A) is not submitted in accordance with 

clause (i), the Secretary shall submit such description 

not later than 180 days after the date on which a 

decision to disallow or defer reimbursement for the 

costs claimed is made. 

‘‘(C) FORM.—Each itemized description of costs required 

under subparagraph (B) shall be submitted in an unclassified form, but may include a classified annex, if necessary.’’. 

(d) EXTENSION OF NOTIFICATION REQUIREMENT RELATING TO

DEPARTMENT OF DEFENSE COALITION SUPPORT FUNDS FOR PAKISTAN.—Subsection (b)(6) of such section, as redesignated by subsection (c) of this section, is amended by striking ‘‘September 30, 

2009’’ and inserting ‘‘September 30, 2010’’. 

(e) REPORT RELATING TO DEPARTMENT OF DEFENSE COALITION

SUPPORT FUNDS FOR PAKISTAN.—Such section is further amended 

by adding at the end the following new subsection: 

‘‘(c) REPORT RELATING TO DEPARTMENT OF DEFENSE COALITION

SUPPORT FUNDS FOR PAKISTAN.— 

‘‘(1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009, the Secretary of Defense 

shall submit to the appropriate congressional committees a 

report that contains a detailed description of efforts by the 

Secretary of Defense to address the findings and implement 

the recommendations made by the Government Accountability 

Office in its report entitled ‘Combating Terrorism: Increased 


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Oversight and Accountability Needed Over Pakistan 

Reimbursement Claims for Coalition Support Funds’ (GAO08-806; 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 

(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

PROGRAMS TO COVER MULTILATERAL PROGRAMS.—Section 1051 of 

title 10, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘a bilateral’’ and inserting 

‘‘a multilateral, bilateral,’’; and 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) by striking ‘‘to and’’ and inserting ‘‘to, from, 

and’’; and 

(ii) by striking ‘‘bilateral’’ and inserting ‘‘multilateral, bilateral,’’; and 

(B) in paragraph (2), by striking ‘‘bilateral’’ and 

inserting ‘‘multilateral, bilateral,’’. 

(b) AVAILABILITY OF FUNDS FOR PROGRAMS AND ACTIVITIES

ACROSS FISCAL YEARS.— 


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(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: 

‘‘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 

cost-sharing arrangement or other funding arrangement. 

10 USC 1051 

note. 


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‘‘(c) AVAILABILITY OF APPROPRIATED FUNDS.—(1) Funds appropriated to the Department of Defense for operation and maintenance 

are available as follows: 

‘‘(A) To pay the United States share of the operating 

expenses of any multinational military center of excellence 

in which the United States participates under this section. 

‘‘(B) To pay the costs of the participation of members of 

the armed forces and Department of Defense civilian personnel 

in multinational military centers of excellence under this section, including the costs of expenses of such participants. 

‘‘(2) No funds may be used under this section to fund the 

pay or salaries of members of the armed forces and Department 

of Defense civilian personnel who participate in multinational military centers of excellence under this section. 

‘‘(d) USE OF DEPARTMENT OF DEFENSE FACILITIES AND EQUIPMENT.—Facilities and equipment of the Department of Defense 

may be used for purposes of the support of multinational military 

centers of excellence under this section that are hosted by the 

Department. 

‘‘(e) ANNUAL REPORTS ON USE OF AUTHORITY.—(1) Not later 

than October 31, 2009, and annually thereafter, the Secretary of 

Defense shall submit to the Committee on Armed Services of the 

Senate and the Committee on Armed Services of the House of 

Representatives a report on the use of the authority in this section 

during the preceding fiscal year. 

‘‘(2) Each report required by paragraph (1) shall include, for 

the fiscal year covered by such report, the following: 

‘‘(A) A detailed description of the participation of the 

Department of Defense, and of members of the armed forces 

and civilian personnel of the Department, in multinational 

military centers of excellence under the authority of this section. 

‘‘(B) For each multinational military center of excellence 

in which the Department of Defense, or members of the armed 

forces or civilian personnel of the Department, so participated— 

‘‘(i) a description of such multinational military center 

of excellence; 

‘‘(ii) a description of the activities participated in by 

the Department, or by members of the armed forces or 

civilian personnel of the Department; and 

‘‘(iii) a statement of the costs of the Department for 

such participation, including— 

‘‘(I) a statement of the United States share of 

the expenses of such center and a statement of the 

percentage of the United States share of the expenses 

of such center to the total expenses of such center; 

and 

‘‘(II) a statement of the amount of such costs 

(including a separate statement of the amount of costs 

paid for under the authority of this section by category 

of costs). 

‘‘(f) MULTINATIONAL MILITARY CENTER OF EXCELLENCE

DEFINED.—In this section, the term ‘multinational military center 

of excellence’ means an entity sponsored by one or more nations 

that is accredited and approved by the Military Committee of the 

North Atlantic Treaty Organization (NATO) as offering recognized 

expertise and experience to personnel participating in the activities 


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of such entity for the benefit of NATO by providing such personnel 

opportunities to— 

‘‘(1) enhance education and training; 

‘‘(2) improve interoperability and capabilities; 

‘‘(3) assist in the development of doctrine; and 

‘‘(4) validate concepts through experimentation.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter II of chapter 138 of such title is 

amended by adding at the end the following new item: 

‘‘2350m. Participation in multinational military centers of excellence.’’. 

(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 1205 of the 

John Warner National Defense Authorization Act for Fiscal Year 

2007 (Public Law 109–364; 120 Stat. 2416) is repealed. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2008. 

SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY 

DEFENSE CONTRACTORS IN CERTAIN SPACE ACTIVITIES 

OF THE PEOPLE’S REPUBLIC OF CHINA. 

(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). 

10 USC 2350m 

note. 


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(2) FORM.—The report required under this subsection shall 

include a summary in unclassified form to the maximum extent 

practicable. 

(e) DEFINITIONS.—In this section: 

(1) CERTAIN SPACE ACTIVITIES OF THE PEOPLE’S REPUBLIC

OF CHINA.—The term ‘‘certain space activities of the People’s 

Republic of China’’ means— 

(A) the development or manufacture of satellites for 

launch from the People’s Republic of China; and 

(B) the launch of satellites from the People’s Republic 

of China. 

(2) COVERED CONTRACTOR.—The term ‘‘covered contractor’’ 

means a contractor of the Department of Defense, and any 

subcontractor (at any tier) of the contractor, that— 

(A) has access to covered information; and 

(B) participates, or is part of a joint venture that 

participates, or whose parent, sister, subsidiary, or affiliate 

company participates, in certain space activities in the 

People’s Republic of China. 

(3) COVERED INFORMATION.—The term ‘‘covered information’’ means classified information and sensitive controlled 

unclassified information obtained under contracts (or subcontracts of such contracts) of the Department of Defense. 

SEC. 1234. REPORT ON IRAN’S CAPABILITY TO PRODUCE NUCLEAR 

WEAPONS. 

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

of the enactment of this Act, and annually thereafter, the Director 

of National Intelligence shall submit to Congress a report on Iran’s 

capability to produce nuclear weapons. The report required under 

this subsection may be submitted in classified form. 

(b) MATTERS TO BE INCLUDED.—The report required under subsection (a) shall include the following: 

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

other specialized equipment necessary for the enrichment of 

uranium and any plans to acquire, manufacture, and operate 

such equipment in the future. 

(2) An estimate of the amount, if any, of highly enriched 

uranium and weapons grade plutonium acquired or produced 

to date, an estimate of the amount of weapons grade plutonium 

that is likely to be produced or acquired in the near- and 

midterms and the amount of highly enriched uranium that 

is likely to be produced or acquired in the near- and midterms, 

and the number of nuclear weapons that could be produced 

with such materials. 

(3) A evaluation of the extent to which security and safeguards at any nuclear site prevent, slow, verify, or help monitor 

the enrichment of uranium or the reprocessing of plutonium 

into weapons-grade materials. 

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

the research, design, development, or testing of nuclear 

weapons or weapons-related components. 

(5) A description of any programs to construct, acquire, 

test, or improve methods to deliver nuclear weapons, including 

an assessment of the likely progress of such programs in the 

near- and mid-terms. 

50 USC 2367 

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

States of Iran’s nuclear weapons program and nuclear-capable 

delivery systems programs. 

(c) NOTIFICATION.—The President shall notify Congress, in 

writing, within 15 days of determining that— 

(1) Iran has resumed a nuclear weapons program; 

(2) Iran has met or surpassed any major milestone in 

its nuclear weapons program; or 

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

the development of any significant element within its nuclear 

weapons program. 

SEC. 1235. EMPLOYMENT FOR RESETTLED IRAQIS. 

(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). 

10 USC 1580 

note. 

President. 


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(f) REGULATION.—The Secretary of Defense, jointly with the 

Secretary of State and with the concurrence of the Director of 

the Office of Personnel Management, shall prescribe such regulations as are necessary to carry out the program established under 

subsection (a), including ensuring the suitability for employment 

described in subsection (a) of individuals described in subsection 

(b), determining the number of positions, and establishing pay 

scales and hiring procedures. 

(g) TERMINATION.— (1) IN GENERAL.—Except as provided in paragraph (2), the 

program established under subsection (a) shall terminate on 

December 31, 2014. 

(2) EARLIER TERMINATION.—If the Secretary of Defense, 

jointly with the Secretary of State, determines that the program 

established under subsection (a) should terminate before the 

date specified in paragraph (1), the Secretaries may terminate 

the program if the Secretaries notify Congress in writing of 

such termination at least 180 days before such termination. 

SEC. 1236. EXTENSION AND MODIFICATION OF UPDATES ON REPORT 

ON CLAIMS RELATING TO THE BOMBING OF THE LABELLE 

DISCOTHEQUE. 

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: 

Deadlines. 

Notification. 

Deadline. 


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(1) A detailed summary of the programs conducted under 

the Building Global Partnership authorities during the period 

covered by the report, including, for each country receiving 

assistance under such a program, a description of the assistance 

provided and its cost. 

(2) An assessment of the impact of the assistance provided 

under the Building Global Partnership authorities with respect 

to each country receiving assistance under such authorities. 

(3) A description of— 

(A) the processes used by the Department of Defense 

and the Department of State to jointly formulate, prioritize, 

and select projects to be funded under the Building Global 

Partnership authorities; and 

(B) the processes, if any, used by the Department of 

Defense and the Department of State to evaluate the success of each project so funded after its completion. 

(4) A statement of the projects initiated under the Building 

Global Partnership authorities that were subsequently 

transitioned to and sustained under the authorities of the Foreign Assistance Act of 1961 or other authorities. 

(5) An assessment of the utility of the Building Global 

Partnership authorities, and of any gaps in such authorities, 

including an assessment of the feasability and advisability of 

continuing such authorities beyond their current dates of 

expiration (whether in their current form or with such modifications as the Secretary of Defense and the Secretary of State 

jointly consider appropriate). 

(c) DEFINITIONS.—In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Appropriations, and the Committee on Foreign Relations 

of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Committee on Foreign Affairs 

of the House of Representatives. 

(2) BUILDING GLOBAL PARTNERSHIP AUTHORITIES.—The term 

‘‘Building Global Partnership authorities’’ means the following: 

(A) AUTHORITY FOR BUILDING CAPACITY OF FOREIGN

MILITARY FORCES.—The authorities provided in section 1206 

of the National Defense Authorization Act for Fiscal Year 

2006 (Public Law 109–163; 119 Stat. 3456), as amended 

by section 1206 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109– 

364; 120 Stat. 2418) and section 1206 of this Act. 

(B) AUTHORITY FOR SECURITY AND STABILIZATION

ASSISTANCE.—The authorities provided in section 1207 of 

the National Defense Authorization Act for Fiscal Year 

2006 (119 Stat. 3458), as amended by section 1210 of 

the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 122 Stat. 369) and section 1207 

of this Act. 

(C) CIVIC ASSISTANCE AUTHORITIES UNDER COMBATANT

COMMANDER INITIATIVE FUND.—The authority to engage in 

urgent and unanticipated civic assistance under the 

Combatant Commander Initiative Fund under section 

166a(b)(6) of title 10, United States Code, as a result of 


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the amendments made by section 902 of the John Warner 

National Defense Authorization Act for Fiscal Year 2007 

(120 Stat. 2351). 

SEC. 1238. MODIFICATION AND REPEAL OF REQUIREMENT TO SUBMIT 

CERTAIN ANNUAL REPORTS TO CONGRESS REGARDING 

ALLIED CONTRIBUTIONS TO THE COMMON DEFENSE. 

(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). 

22 USC 1928 

note. 

22 USC 1928 

note. 


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(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. 

(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 


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may be made using the authority provided in paragraph (1) 

only after— 

(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. 

Sec. 1506. Limitations on Afghanistan Security Forces Fund. 

Sec. 1507. Special transfer authority. 

Notification. 


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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. 

SEC. 1501. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OPERATIONS IN AFGHANISTAN AND IRAQ FOR FISCAL 

YEAR 2009. 

(a) AUTHORIZATION OF PREVIOUSLY APPROPRIATED AMOUNTS.— 

In addition to the amounts otherwise authorized to be appropriated 

by division A of this Act, the amounts appropriated for fiscal year 

2009 in chapter 2 of title IX of the Supplemental Appropriations 

Act, 2008 (Public Law 110–252; 122 Stat. 2405–2414) are hereby 

authorized to be appropriated. 

(b) ADDITIONAL AUTHORIZATION.—In addition to the amounts 

otherwise authorized to be appropriated by division A of this Act 

and subsection (a), funds in the amount of $2,076,000,000 are 

hereby authorized to be appropriated for aircraft procurement, Air 

Force, for the purpose of acquiring six C–17 aircraft. 

SEC. 1502. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGETS FOR 

AFGHANISTAN AND IRAQ. 

(a) OPERATIONS IN IRAQ AND AFGHANISTAN.—In any annual 

or supplemental budget request for the Department of Defense 

that is submitted to Congress after the date of the enactment 

of this Act, the Secretary of Defense shall set forth separately 

any funding requested in such budget request for— 

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

and 

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

(b) SPECIFICITY OF DISPLAY.—Each budget request covered by 

subsection (a) shall, for any funding requested for operations in 

Iraq or Afghanistan— 

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

level; and 

(2) include a detailed description of the assumptions underlying the funding for the period covered by the budget request, 

including the anticipated troop levels, the operations intended 

to be carried out, and the equipment reset requirements necessary to support such operations. 

SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 

(a) USE AND TRANSFER OF FUNDS.—Subsections (b) and (c) 

of section 1514 of the John Warner National Defense Authorization 

Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), 

as amended by subsection (b), shall apply to the funds appropriated 

pursuant to the authorization of appropriations in section 1501 

of this Act and made available to the Department of Defense for 

the Joint Improvised Explosive Device Defeat Fund. 

(b) MODIFICATION OF FUNDS TRANSFER AUTHORITY.—Section 

1514(c)(1) of the John Warner National Defense Authorization Act 

for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439) is 

amended— 

(1) by striking subparagraph (A); and 

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

(c) PRIOR NOTICE OF TRANSFER OF FUNDS.—Section 1514(c)(4) 

of the John Warner National Defense Authorization Act for Fiscal 

Applicability. 

10 USC 221 note. 


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Year 2007 (Public Law 109–364; 120 Stat. 2439) is amended by 

inserting after ‘‘five days’’ the following: ‘‘(in the case of the obligation of funds) or 15 days (in the case of a transfer of funds)’’. 

(d) MONTHLY OBLIGATIONS AND EXPENDITURE REPORTS.—Not 

later than 15 days after the end of each month of fiscal year 

2009, the Secretary of Defense shall provide to the congressional 

defense committees a report on the Joint Improvised Explosive 

Device Defeat Fund explaining monthly commitments, obligations, 

and expenditures by line of action. 

(e) MODIFICATION OF SUBMITTAL DATE OF OTHER REPORTS.— Section 1514(e) of the John Warner National Defense Authorization 

Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2440) 

is amended by striking ‘‘30 days’’ and inserting ‘‘60 days’’. 

SEC. 1504. SCIENCE AND TECHNOLOGY INVESTMENT STRATEGY TO 

DEFEAT OR COUNTER IMPROVISED EXPLOSIVE DEVICES. 

(a) STRATEGY REQUIRED.—The Director of the Joint Improvised 

Explosive Device Defeat Organization (JIEDDO), jointly with the 

Director of Defense Research and Engineering, shall develop a 

comprehensive science and technology investment strategy for countering the threat of improvised explosive devices (IEDs). 

(b) ELEMENTS.—The strategy developed under subsection (a) 

shall include the following: 

(1) Identification of counter-IED capability gaps. 

(2) A taxonomy describing the major technical areas for 

the Department of Defense to address the counter-IED capability gaps and in which science and technology funding investments should be made. 

(3) Identification of funded programs to develop or mature 

technologies from or to the level of system or subsystem model 

or prototype demonstration in a relevant environment, and 

investment levels for those initiatives. 

(4) Identification of JIEDDO’s mechanisms for coordinating 

Department of Defense and Federal Government science and 

technology activities in areas covered by the strategy. 

(5) Identification of technology transition mechanisms 

developed or utilized to efficiently transition technologies to 

acquisition programs of the Department of Defense or into 

operational use, including a summary of counter-IED technologies transitioned from JIEDDO, the military departments, 

and other Defense Agencies to the acquisition programs or 

into operational use. 

(6) Identification of high priority basic research efforts that 

should be addressed through JIEDDO or other Department 

of Defense activities to support development of next generation 

IED defeat capabilities. 

(7) Identification of barriers or issues, such as industrial 

base, workforce, or statutory or regulatory barriers, that could 

hinder the efficient and effective development and operational 

use of advanced IED defeat capabilities, and discussion of activities undertaken to address them. 

(8) Identification of the measures of effectiveness for the 

overall Department of Defense science and technology counterIED effort. 

(9) Such other matters as the Director of the JIEDDO 

and the Director of Defense Research and Engineering consider 

appropriate. 

10 USC 2358 

note. 


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(c) REPORT.—Not later than March 1, 2009, and each March 

1 thereafter through March 1, 2013, the Director of the JIEDDO 

and the Director of Defense Research and Engineering shall jointly 

submit to the congressional defense committees a report describing 

the implementation of the strategy developed under subsection (a). 

The report may be in unclassified and classified format, as necessary. 

SEC. 1505. LIMITATIONS ON IRAQ SECURITY FORCES FUND. 

Funds appropriated pursuant to the authorization of appropriations in section 1501 of this Act or in the Supplemental Appropriations Act, 2008 (Public Law 110–252; 122 Stat. 2407) and made 

available to the Department of Defense for the Iraq Security Forces 

Fund shall be subject to the conditions contained in subsections 

(b) through (g) of section 1512 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 426). 

SEC. 1506. LIMITATIONS ON AFGHANISTAN SECURITY FORCES FUND. 

Funds appropriated pursuant to the authorization of appropriations in section 1501 of this Act or in the Supplemental Appropriations Act, 2008 (Public Law 110–252; 122 Stat. 2407) and made 

available to the Department of Defense for the Afghanistan Security 

Forces Fund shall be subject to the conditions contained in subsections (b) through (g) of section 1513 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 428). 

SEC. 1507. SPECIAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this title for fiscal 

year 2009 between any such authorizations for that fiscal year 

(or any subdivisions thereof). Amounts of authorizations so 

transferred shall be merged with and be available for the 

same purposes as the authorization to which transferred. 

(2) LIMITATION.—The total amount of authorizations that 

the Secretary may transfer under the authority of this section 

may not exceed $4,000,000,000. 

(b) TERMS AND CONDITIONS.—Transfers under this section shall 

be subject to the same terms and conditions as transfers under 

section 1001. 

(c) ADDITIONAL AUTHORITY.—The transfer authority provided 

by this section is in addition to the transfer authority provided 

under section 1001. 

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

OPERATIONS AND OTHER ACTIVITIES IN IRAQ. 

(a) PROHIBITION RELATED TO FACILITIES FOR GOVERNMENT OF

IRAQ.— 

(1) PROHIBITION ON AVAILABILITY OF UNITED STATES FUNDS

FOR PROJECTS.—Except as provided in paragraph (2), amounts 

authorized to be appropriated by this title may not be obligated 

or expended for the acquisition, conversion, rehabilitation, or 

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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). 

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’’. 

22 USC 2151 

note. 

Reconstruction 

and Stabilization 

Civilian 

Management 

Act of 2008. 

President. 


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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 postconflict 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 

be prepared to conduct and support, provides guidance on stability operations that will evolve over time, and assigns responsibilities 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 

22 USC 2734a 

note. 

22 USC 2368 

note. 


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122 STAT. 4654 PUBLIC LAW 110–417—OCT. 14, 2008 

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. 

‘‘(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 STABILIZA- TION.—The head of the Office shall be the Coordinator for 

Reconstruction and Stabilization, who shall be appointed by 

President. 

22 USC 2734. 

22 USC 2368. 


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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. 

‘‘(F) Identifying personnel in State and local governments and in the private sector who are available to participate 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 


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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 

programs offered within the Government, such as those at the 

Center 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. 

22 USC 2734a. 


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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). 

(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’’. 

Military 

Construction 

Authorization 

Act for Fiscal 

Year 2009. 

22 USC 2368 

note. 


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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— 

(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: 

10 USC 2687 

note. 


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Army: Inside the United States 

State Installation or Location 

Alabama ............................ Anniston Army Depot ......................................................... 

Fort Rucker ......................................................................... Redstone Arsenal ................................................................ 

Alaska ............................... Fort Richardson .................................................................. 

Fort Wainwright ................................................................. 

Arizona ............................. Fort Huachuca .................................................................... 

Yuma Proving Ground ........................................................ 

California .......................... Fort Irwin ............................................................................ 

Presidio, Monterey .............................................................. Sierra Army Depot .............................................................. 

Colorado ............................ Fort Carson ......................................................................... Georgia ............................. Fort Benning ....................................................................... 

Fort Stewart/Hunter Army Air Field ................................ 

Hawaii .............................. Pohakuloa Training Area ................................................... 

Schofield Barracks .............................................................. Wahiawa .............................................................................. 

Indiana ............................. Crane Army Ammunition Activity .................................... Kansas .............................. Fort Leavenworth ............................................................... 

Fort Riley ............................................................................. 

Kentucky .......................... Fort Campbell ..................................................................... Louisiana .......................... Fort Polk .............................................................................. Michigan ........................... Detroit Arsenal ................................................................... Missouri ............................ Fort Leonard Wood ............................................................. New Jersey ....................... Picatinny Arsenal ............................................................... New York .......................... Fort Drum ........................................................................... 

United States Military Academy ....................................... 

North Carolina ................. Fort Bragg ........................................................................... Oklahoma ......................... Fort Sill ................................................................................ 


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McAlester Army Ammunition Plant .................................. 

Pennsylvania .................... Carlisle Barracks ................................................................ 

Letterkenny Army Depot ................................................... Tobyhanna Army Depot ..................................................... 

South Carolina ................. Fort Jackson ........................................................................ Texas ................................. Camp Bullis ......................................................................... 

Corpus Christi Army Depot ............................................... Fort Bliss ............................................................................. Fort Hood ............................................................................. Fort Sam Houston .............................................................. Red River Army Depot ....................................................... 

Virginia ............................. Fort Belvoir ......................................................................... 

Fort Eustis ........................................................................... Fort Lee ............................................................................... Fort Myer ............................................................................ 

Washington ...................... Fort Lewis ........................................................................... 


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(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: 


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Army: Outside the United States Country Installation or Location 

Afghanistan ...................... Bagram Air Base ................................................................ Germany ........................... Katterbach ........................................................................... 

Wiesbaden Air Base ............................................................ 

Japan ................................ Camp Zama ......................................................................... 

Sagamihara ......................................................................... 

Korea ................................ Camp Humphreys ............................................................... 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4663 

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. 

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 


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122 STAT. 4664 PUBLIC LAW 110–417—OCT. 14, 2008 

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). 

(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— 


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(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’’. 

(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 

inserting ‘‘$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: 


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Army: Extension of 2006 Project Authorizations State Installation or Loca- tion Project 

Hawaii ...................... Pohakuloa ................ Tactical Vehicle Wash Facility .................

Battle Area Complex .................................

Virginia .................... Fort Belvoir ............. Defense Access Road .................................


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4667 

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: 


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Army: Extension of 2005 Project Authorization State Installation or Loca- tion Project 

Hawaii ...................... Schofield Barracks .. Training Facility .......................................


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4669 

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. 

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: 


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Inside the United States State Installation or Location 

Arizona ............................. Marine Corps Air Station, Yuma ....................................... California .......................... Marine Corps Logistics Base, Barstow ............................. 

Marine Corps Base, Camp Pendleton ............................... Naval Air Facility, El Centro ............................................. Marine Corps Air Station, Miramar .................................. Naval Post Graduate School, Monterey ............................ Naval Air Station, North Island ........................................ Naval Facility, San Clemente Island ................................ Marine Corps Recruit Depot, San Diego ........................... Marine Corps Base, Twentynine Palms ............................ 

Connecticut ....................... Naval Submarine Base, Groton ......................................... 

Naval Submarine Base, New London ............................... 

District of Columbia ........ Naval Support Activity, Washington ................................ Florida .............................. Naval Air Station, Jacksonville ......................................... 

Naval Station, Mayport ...................................................... Naval Support Activity, Tampa ......................................... 

Georgia ............................. Marine Corps Logistics Base, Albany ............................... 

Naval Submarine Base, Kings Bay ................................... 

Hawaii .............................. Pacific Missile Range, Barking Sands ............................... 

Marine Corps Base, Kaneohe ............................................. Naval Station, Pearl Harbor .............................................. 

Illinois ............................... Recruit Training Command, Great Lakes ........................ Maine ................................ Portsmouth Naval Shipyard .............................................. Maryland .......................... Naval Surface Warfare Center, Carderock ....................... 

Naval Surface Warfare Center, Indian Head ................... 

Mississippi ........................ Naval Construction Battalion Center, Gulfport ............... 

Naval Air Station, Meridian .............................................. 

New Jersey ....................... Naval Air Warfare Center, Lakehurst .............................. 


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Inside the United States—Continued 

State Installation or Location 

Naval Weapons Station, Earle ........................................... 

North Carolina ................. Marine Corps Base, Camp Lejeune ................................... 

Marine Corps Air Station, Cherry Point ........................... Marine Corps Air Station, New River ............................... 

Pennsylvania .................... Naval Support Activity, Philadelphia ............................... Rhode Island .................... Naval Station, Newport ...................................................... South Carolina ................. Marine Corps Air Station, Beaufort .................................. 

Marine Corps Recruit Depot, Parris Island ...................... 

Texas ................................. Naval Air Station, Corpus Christi ..................................... 

Naval Air Station, Kingsville ............................................. 

Virginia ............................. Naval Station, Norfolk ....................................................... 

Marine Corps Base, Quantico ............................................ 

Washington ...................... Naval Base, Kitsap ............................................................. 

Naval Air Station Whidbey Island .................................... 


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122 STAT. 4672 PUBLIC LAW 110–417—OCT. 14, 2008 

(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 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: 


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Navy: Family Housing 

Location Installation or Location Units 

Guantanamo Bay ................. Naval Air Station, Guantanamo Bay. 146 ......................................


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122 STAT. 4674 PUBLIC LAW 110–417—OCT. 14, 2008 

(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. 

(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. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4675 

(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 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), 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. 


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122 STAT. 4676 PUBLIC LAW 110–417—OCT. 14, 2008 

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: 


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Air Force: Inside the United States 

State Installation or Location 

Alabama ............................................ Maxwell Air Force Base ................................. Alaska ............................................... Elmendorf Air Force Base .............................. Arizona ............................................. Davis Monthan Air Force Base ...................... California .......................................... Edwards Air Force Base ................................. 

Travis Air Force Base ..................................... 

Colorado ............................................ Peterson Air Force Base ................................. 

United States Air Force Academy ................. 

Delaware ........................................... Dover Air Force Base ...................................... Florida .............................................. Cape Canaveral Air Station ........................... 

Eglin Air Force Base ...................................... MacDill Air Force Base .................................. Tyndall Air Force Base ................................... 

Georgia ............................................. Robins Air Force Base .................................... Kansas .............................................. McConnell Air Force Base .............................. Louisiana .......................................... Barksdale Air Force Base .............................. Maryland .......................................... Andrews Air Force Base ................................. Mississippi ........................................ Columbus Air Force Base ............................... 

Keesler Air Force Base ................................... 

Missouri ............................................ Whiteman Air Force Base .............................. Montana ........................................... Malmstrom Air Force Base ............................ Nevada .............................................. Creech Air Force Base .................................... 

Nellis Air Force Base ...................................... 

New Jersey ....................................... McGuire Air Force Base ................................. New Mexico ..................................... Holloman Air Force Base ............................... North Carolina ................................. Seymour Johnson Air Force Base .................. North Dakota ................................... Grand Forks Air Force Base .......................... Ohio ................................................... Wright Patterson Air Force Base .................. Oklahoma ......................................... Altus Air Force Base ...................................... 


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Tinker Air Force Base .................................... 

South Carolina ................................. Charleston Air Force Base ............................. 

Shaw Air Force Base ...................................... 

South Dakota ................................... Ellsworth Air Force Base ............................... Texas ................................................. Dyess Air Force Base ...................................... 

Fort Hood ......................................................... Lackland Air Force Base ................................ 

Utah .................................................. Hill Air Force Base ......................................... Washington ...................................... McChord Air Force Base ................................ Wyoming ........................................... Francis E. Warren Air Force Base ................ 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4679 

(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: 


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Air Force: Outside the United States Country Installation or Location 

Afghanistan .................................... Bagram Airfield .........................................................Guam .............................................. Andersen Air Force Base ...........................................Kyrgyzstan ..................................... Manas Air Base ..........................................................United Kingdom ............................. Royal Air Force Lakenheath .....................................


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4681 

(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: 


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Air Force: Unspecified Worldwide Location Installation or Location 

Worldwide Unspecified .................. Unspecified Worldwide Locations .............................


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4683 

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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122 STAT. 4684 PUBLIC LAW 110–417—OCT. 14, 2008 

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. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4685 

(b) TABLE.—The table referred to in subsection (a) is as follows: 


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Air Force: Extension of 2005 Project Authorizations State/Country Installation or Location Project 

Arizona ................... Davis-Monthan Air Force Base .............................. Replace Family Housing (250 units) ........................................... California ............... Vandenberg Air Force Base .............................. Replace Family Housing (120 units) ........................................... Florida .................... MacDill Air Force Base ... Construct Housing Maintenance Facility ......................................... Missouri ................. Whiteman Air Force Base Replace Family Housing (160 units) ........................................... North Carolina ...... Seymour Johnson Air Force Base .................... Replace Family Housing (167 units) ........................................... Germany ................ Ramstein Air Base .......... USAFE Theater Aerospace Oper- ations Support Center ................ 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4687 

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: 


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Defense Education Activity State Installation or Location 

Kentucky ................................ Fort Campbell ................................................................. North Carolina ....................... Fort Bragg ....................................................................... 

Defense Intelligence Agency State Installation or Location 

Illinois ..................................... Scott Air Force Base ....................................................... 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4689 

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 


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122 STAT. 4690 PUBLIC LAW 110–417—OCT. 14, 2008 

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 

Germany .......................................... Germersheim .............................................................Greece .............................................. Souda Bay ..................................................................

Missile Defense Command 

Country Installation or Location 

Czech Republic ................................ Various Locations ..................................................... Poland .............................................. Various Locations ..................................................... 

Special Operations Command 

Country Installation or Location 

Qatar ............................................... Al Udeid .....................................................................

TRICARE Management Activity 

Country Installation or Location 

Guam ............................................... Naval Activities .........................................................


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122 STAT. 4692 PUBLIC LAW 110–417—OCT. 14, 2008 

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 

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: 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4693 

(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’’. 

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: 


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Defense Logistics Agency: Extension of 2006 Project Authoriza

Installation or Location Project 

Defense Logistics Agency ............... Defense Distribution Depot Susquehanna, New Cumberland, Pennsylvania. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4695 

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: 


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Chemical Demilitarization Program: Inside the United State

Army Installation or Location 

Army ................................................ Blue Grass Army Depot, Kentucky .........................


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4697 

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: 

(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 


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122 STAT. 4698 PUBLIC LAW 110–417—OCT. 14, 2008 

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, 

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: 


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Army National Guard State Location 

Alabama .......................................... Fort McClellan .......................................................... Alaska ............................................. Bethel Armory .......................................................... Arizona ........................................... Camp Navajo ............................................................ 

Florence ..................................................................... Papago Military Reservation ................................... 

Arkansas ......................................... Cabot ......................................................................... Colorado .......................................... Denver ....................................................................... 

Grand Junction ......................................................... 

Connecticut ..................................... Camp Rell ................................................................. 

East Haven ............................................................... 

Delaware ......................................... New Castle ................................................................ Florida ............................................ Camp Blanding ......................................................... Georgia ........................................... Dobbins Air Reserve Base ....................................... Idaho ............................................... Orchard Training Area ............................................ Illinois ............................................. Urbana Armory ......................................................... Indiana ........................................... Camp Atterbury ........................................................ 

Lawrence ................................................................... Muscatatuck .............................................................. 

Iowa ................................................ Camp Dodge .............................................................. 

Davenport .................................................................. Mount Pleasant ........................................................ 

Kentucky ........................................ London ....................................................................... Maine .............................................. Bangor ....................................................................... Maryland ........................................ Edgewood .................................................................. 

Salisbury ................................................................... 

Massachusetts ................................ Methuen .................................................................... Michigan ......................................... Camp Grayling ......................................................... Minnesota ....................................... Arden Hills ................................................................ 


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Army National Guard—Continued 

State Location 

Nevada ............................................ Elko ............................................................................ New York ........................................ Fort Drum ................................................................. 

Queensbury ............................................................... 

Ohio ................................................. Camp Perry ............................................................... 

Ravenna ..................................................................... 

Pennsylvania .................................. Honesdale .................................................................. Rhode Island .................................. North Kingstown ...................................................... South Carolina ............................... Anderson ................................................................... 

Beaufort ..................................................................... Eastover .................................................................... Hemingway ............................................................... 

South Dakota ................................. Camp Rapid .............................................................. 

Rapid City ................................................................. 

Tennessee ....................................... Tullahoma ................................................................. Utah ................................................ Camp Williams ......................................................... Vermont .......................................... Ethan Allen Firing Range ....................................... Virginia ........................................... Arlington ................................................................... 

Fort Pickett ............................................................... 

Washington .................................... Fort Lewis (Gray Army Airfield) ............................. West Virginia ................................. Camp Dawson ........................................................... 


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122 STAT. 4702 PUBLIC LAW 110–417—OCT. 14, 2008 

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 for the Army Reserve locations, and in the amounts, set 

forth in the following table: 


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Army Reserve 

State Location 

California ........................................ Fort Hunter Liggett ...................................................Hawaii Fort Shafter ................................................................Idaho ............................................... Hayden Lake ..............................................................Kansas ............................................ Dodge City ..................................................................Maryland ........................................ Baltimore ....................................................................Massachusetts ................................ Fort Devens ................................................................Michigan ......................................... Saginaw ......................................................................Missouri .......................................... Weldon Springs ..........................................................Nevada ............................................ Las Vegas ...................................................................New Jersey ..................................... Fort Dix ......................................................................New York ........................................ Kingston .....................................................................

Shoreham ....................................................................Staten Island ..............................................................

North Carolina ............................... Raleigh ........................................................................Pennsylvania .................................. Letterkenny Army Depot ..........................................Tennessee ....................................... Chattanooga ...............................................................Texas ............................................... Sinton ..........................................................................Washington .................................... Seattle .........................................................................Wisconsin ........................................ Fort McCoy .................................................................


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122 STAT. 4704 PUBLIC LAW 110–417—OCT. 14, 2008 

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: 


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Navy Reserve and Marine Corps Reserve 

State Location 

California ........................................ Lemoore ..................................................................... Delaware ......................................... Wilmington ................................................................ Georgia ........................................... Marietta .................................................................... Virginia ........................................... Norfolk ....................................................................... 

Williamsburg ............................................................. 


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122 STAT. 4706 PUBLIC LAW 110–417—OCT. 14, 2008 

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: 


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Air National Guard 

State Location 

Arkansas ......................................... Little Rock Air Force Base ...................................... Colorado .......................................... Buckley Air Force Base ............................................ Connecticut ..................................... Bradley International Airport ................................. Delaware ......................................... New Castle County Airport ..................................... Georgia ........................................... Savannah Combat Readiness Training Center ...... Indiana ........................................... Fort Wayne International Airport .......................... Iowa ................................................ Fort Dodge ................................................................ Kansas ............................................ Smoky Hill Air National Guard Range .................. Maryland ........................................ Martin State Airport ................................................ Massachusetts ................................ Otis Air National Guard Base ................................. Minnesota ....................................... Duluth 148th Fighter Wing Base ............................ 

Minneapolis-St. Paul ................................................ 

Mississippi ...................................... Gulfport-Biloxi International Airport ..................... New Jersey ..................................... Atlantic City International Airport ......................... New York ........................................ Gabreski Airport, Westhampton ............................. 

Hancock Field ........................................................... 

Ohio ................................................. Springfield Air National Guard Base ..................... Rhode Island .................................. Quonset State Airport .............................................. South Dakota ................................. Joe Foss Field ........................................................... Tennessee ....................................... Knoxville ................................................................... Texas ............................................... Ellington Field .......................................................... 

Fort Worth Naval Air Station Joint Reserve Base 

Vermont .......................................... Burlington International Airport ............................ Washington .................................... McChord Air Force Base .......................................... West Virginia ................................. Yeager Airport, Charleston ...................................... Wisconsin ........................................ Truax Field ............................................................... Wyoming ......................................... Cheyenne Municipal Airport ................................... 


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122 STAT. 4708 PUBLIC LAW 110–417—OCT. 14, 2008 

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: 


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Air Force Reserve 

State Location 

Georgia ........................................... Dobbins Air Reserve Base .........................................Oklahoma ....................................... Tinker Air Force Base ...............................................New York ........................................ Niagara Falls Air Reserve Station ...........................


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122 STAT. 4710 PUBLIC LAW 110–417—OCT. 14, 2008 

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 

Marine 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. 

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: 


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Army National Guard: Extension of 2006 Project Authorizatio

State Installation or Location Project 

California ............................. Camp Roberts ..................... Urban Assault Course ........Idaho .................................... Gowen Field ........................ Railhead, Phase 1 ...............Mississippi ........................... Biloxi ................................... Readiness Center ................

Camp Shelby ...................... Modified Record Fire Range 

Montana ............................... Townsend ............................ Automated Qualification 

Training Range.

Pennsylvania ....................... Philadelphia ........................ Stryker Brigade Combat 

Team Readiness Center.

Organizational Maintenance 

Shop #7.


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122 STAT. 4712 PUBLIC LAW 110–417—OCT. 14, 2008 

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: 


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Army National Guard: Extension of 2005 Project Authorizatio

State Installation or Location Project 

California ............................. Dublin .................................. Readiness Center, Add/Alt 

(ADRS).


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122 STAT. 4714 PUBLIC LAW 110–417—OCT. 14, 2008 

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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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4715 

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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122 STAT. 4716 PUBLIC LAW 110–417—OCT. 14, 2008 

(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— 

(A) to review design plans for the National Military 

Medical Center and the new military hospital at Fort 

Belvoir; and 

Maryland. 

Virginia. 


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(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 

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. 

Deadline. 

Transition plan. 

Deadline. 

Deadline. 

Reports. 


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122 STAT. 4718 PUBLIC LAW 110–417—OCT. 14, 2008 

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. 

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. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4719 

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: 

‘‘§ 2835a. Use of military family housing constructed under 

build and lease authority to house other members 

‘‘(a) INDIVIDUAL ASSIGNMENT OF MEMBERS WITHOUT DEPEND- ENTS.—(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. 

Recommendations. 


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‘‘(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 long-term 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.’’. 

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 

Time periods. 


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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 

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 

Notice. 

Deadlines. 

Reports. 

Regulations. 


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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 

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.’’. 

Records. 

Deadlines. 


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(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: 

‘‘§ 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 


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122 STAT. 4724 PUBLIC LAW 110–417—OCT. 14, 2008 

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 

(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. 


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‘‘(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’’. 

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— 

Deadline. 

Certification. 


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‘‘(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 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.— 

Deadlines. 

Reports. 


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(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’’. 

(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 

10 USC 2667a 

note. 


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122 STAT. 4728 PUBLIC LAW 110–417—OCT. 14, 2008 

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 CONVEYANCE 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 

‘‘(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 


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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). 

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. 


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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,’’. 

(b) INCLUSION OF FACILITIES OWNED AND OPERATED BY

COMMONWEALTH.—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. 

Deadline. 

10 USC 2687 

note. 


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(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 CONTRIBUTIONS.— 

(A) TREATMENT OF CONTRIBUTIONS.—Except as provided in subparagraph (C), the use of contributions referred 

to in 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 

Time periods. 


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122 STAT. 4732 PUBLIC LAW 110–417—OCT. 14, 2008 

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. 

Subtitle D—Energy Security 

SEC. 2831. CERTIFICATION OF ENHANCED USE LEASES FOR ENERGYRELATED 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. 2832. 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 

Deadline. 


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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 

portions 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). 


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(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. 

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 

Time period. 


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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 

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 


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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 

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. 

Deadline. 

Reports. 

Certification. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4737 

(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, Virginia, 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’’. 

Virginia. 


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122 STAT. 4738 PUBLIC LAW 110–417—OCT. 14, 2008 

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 WrightPatterson 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. 

(2) INVESTMENT.—Amounts in the escrow account not 

required to meet current requirements of the account shall 

be invested 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. 

Ohio. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4739 

(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. 

(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. 


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122 STAT. 4740 PUBLIC LAW 110–417—OCT. 14, 2008 

(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. 

(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. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4741 

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. 

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 


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122 STAT. 4742 PUBLIC LAW 110–417—OCT. 14, 2008 

Army: Outside the United States—Continued 

Country Installation or Location Amount 

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. 

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: 


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Navy: Inside the United States 

State Installation or Location 

California ................ Camp Pendleton ......................................................................... 

China Lake .................................................................................. Point Mugu ................................................................................. San Diego .................................................................................... San Diego Marine Corps Recruit Depot (MCRD) .................... Twentynine Palms ...................................................................... 

Florida ..................... Eglin Air Force Base .................................................................. Mississippi .............. Gulfport ....................................................................................... North Carolina ....... Camp Lejeune ............................................................................. Virginia ................... Yorktown ..................................................................................... 


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122 STAT. 4744 PUBLIC LAW 110–417—OCT. 14, 2008 

(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: 


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Air Force: Inside the United States 

Country Installation or Location 

California ................ Beale Air Force Base .................................................................. Florida ..................... Eglin Air Force Base .................................................................. New Mexico ............ Cannon Air Force Base .............................................................. 


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122 STAT. 4746 PUBLIC LAW 110–417—OCT. 14, 2008 

(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 outside the United States, and in the amounts, set forth 

in the following table: 


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Air Force: Outside the United States 

Country Installation or Location 

Qatar ....................... Al Udeid ...................................................................................... 


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122 STAT. 4748 PUBLIC LAW 110–417—OCT. 14, 2008 

(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: 


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Defense Agencies: Inside the United States 

State Installation or Location 

North Carolina ....... Camp Lejeune ............................................................................. 


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122 STAT. 4750 PUBLIC LAW 110–417—OCT. 14, 2008 

(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. 

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: 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4751 

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 

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. 


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122 STAT. 4752 PUBLIC LAW 110–417—OCT. 14, 2008 

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. 

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: 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4753 

(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. 

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.’’. 


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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. 

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 

(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; 

50 USC 2444. 

Time period. 

Certifications. 


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(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 

full-time 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). 

(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. 


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(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 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. 

50 USC 2574. 


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(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.’’. 

(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 MATE- RIALS 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: 


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(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. 

(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. 


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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 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— 


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(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 twoyear 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)’’. 

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. 


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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— 

(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 National 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; 

46 USC 57102 

note. 


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(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. 

(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 

10 USC 2401 

note. 


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‘‘(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— 

‘‘(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 

Termination 

date. 

46 USC 53101 

note. 


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in any one academic trimester, or equivalent, as contractors under 

the program. 

(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 

46 USC 51301 

note. 


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122 STAT. 4766 PUBLIC LAW 110–417—OCT. 14, 2008 

involving a cadet or other Academy personnel in rape, acquaintance 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. 

(C) A plan for the actions that are to be taken in 

the following Academy program year regarding prevention 


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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; 

‘‘(B) to provide training for workers in communities 

whose economies are related to the maritime industry; 

and 

Grants. 

Deadline. 

Contracts. 


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‘‘(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— 

‘‘(A) sufficient funding is available to meet the 

matching requirements of subsection (e); 

‘‘(B) the project will be completed without unreasonable 

delay; and 

Guidelines. 

Deadline. 


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‘‘(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.— 

‘‘(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 

46 USC 54101. 

Records. 


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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 

(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.— 

48 USC 1421r. 

46 USC 55305 

note. 

Review. 


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PUBLIC LAW 110–417—OCT. 14, 2008 122 STAT. 4771 

LEGISLATIVE HISTORY—S. 3001 (H.R. 5658): 

HOUSE REPORTS: No. 110–652 and Pt. 2 (both from Comm. on Armed Services) 

accompanying H.R. 5658. 

SENATE REPORTS: No. 110–335 (Comm. on Armed Services). 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Sept. 9–12, 15–17, considered and passed Senate. 

Sept. 24, considered and passed House, amended. 

Sept. 27, Senate concurred in House amendment. 

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008): 

Oct. 14, Presidential statement. 

Æ 

(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 

Approved October 14, 2008. 


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