II 

Calendar No. 758 

110TH CONGRESS 

2D SESSION H. R. 5658 

IN THE SENATE OF THE UNITED STATES 

JUNE 3, 2008 

Received; read twice and placed on the calendar 

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, to amend the Servicemembers Civil 

Relief Act to provide for the protection of child custody 

arrangements for parents who are members of the Armed 

Forces deployed in support of a contingency operation, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Duncan Hunter Na5 tional Defense Authorization Act for Fiscal Year 2009’’. 


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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into four divi4 sions as follows: 

5 (1) Division A—Department of Defense Au6 thorizations. 

7 (2) Division B—Military Construction Author8 izations. 

9 (3) Division C—Department of Energy Na10 tional Security Authorizations and Other Authoriza11 tions. 

12 (4) Division D—Governmentwide Acquisition 

13 Improvements. 

14 (b) TABLE OF CONTENTS.—The table of contents for 

15 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

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. 

Sec. 106. Rapid Acquisition Fund. 

Subtitle B—Army Programs 

Sec. 111. Separate procurement line items for Future Combat Systems program. 

Sec. 112. Restriction on contract awards for major elements of the Future 

Combat Systems program. 


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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. 

Subtitle C—Navy Programs 

Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt. 

Sec. 122. Applicability of previous teaming agreements for Virginia-class submarine program. 

Sec. 123. Littoral Combat Ship (LCS) program. 

Sec. 124. Report on F/A–18 procurement costs, comparing multiyear to annual. 

Subtitle D—Air Force Programs 

Sec. 131. Limitation on retiring C–5 aircraft. 

Sec. 132. Maintenance of retired KC–135E aircraft. 

Sec. 133. Repeal of multi-year contract authority for procurement of tanker 

aircraft. 

Sec. 134. Report on processes used for requirements development for KC–(X). 

Subtitle E—Joint and Multiservice Matters 

Sec. 141. Body armor acquisition strategy. 

Sec. 142. Small arms acquisition strategy and requirements review. 

Sec. 143. Requirement for common ground stations and payloads for manned 

and unmanned aerial vehicles. 

Sec. 144. 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. 

Subtitle C—Missile Defense Programs 

Sec. 221. Independent study of boost phase missile defense. 

Sec. 222. Limitation on availability of funds for procurement, construction, and 

deployment of missile defenses in Europe. 


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Subtitle D—Other Matters 

Sec. 231. Oversight of testing of personnel protective equipment by Director, 

Operational Test and Evaluation. 

Sec. 232. Assessment of the Historically Black Colleges and Universities and 

Minority Serving Institutions Program. 

Sec. 233. 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. 234. Repeal of requirement for Technology Transition Initiative. 

Sec. 235. Trusted defense systems. 

Sec. 236. Limitation on obligation of funds for Enhanced AN/TPQ–36 radar 

system pending submission of report. 

Sec. 237. Capabilities-based assessment to outline a joint approach for future 

development of vertical lift aircraft and rotorcraft. 

Sec. 238. Availability of funds for prompt global strike capability development. 

Sec. 239. Visiting NIH Senior Neuroscience Fellowship Program. 

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. Detection instrument technology research and deployment of resulting 

detection instruments and technological improvements. 

Sec. 315. Closed Loop Recycling for Motor Vehicle Lubricating Oil. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Time limitation on duration of public-private competitions. 

Sec. 322. Comprehensive analysis and development of single Government-wide 

definition of inherently governmental function. 

Sec. 323. Study on future depot capability. 

Sec. 324. High-performing organization business process reengineering. 

Sec. 325. Temporary suspension of studies and public-private competitions regarding conversion of functions of the Department of Defense 

performed by civilian employees to contractor performance. 

Sec. 326. Consolidation of Air Force and Air National Guard aircraft maintenance. 

Sec. 327. Guidance for performance of civilian personnel work under Air Force 

civilian personnel consolidation plan. 

Sec. 328. Report on reduction in number of firefighters on Air Force bases. 

Subtitle D—Energy Security 


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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 energy for use at forward operating locations. 

Sec. 334. Study on coal-to-liquid fuels. 

Sec. 335. Exception to alternative fuel procurement requirement. 

Sec. 336. Study of Consideration of Greenhouse Gas Emissions in Acquisition 

Processes. 

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. 

Sec. 346. Report on options for providing repair capabilities to support ships 

operating near Guam. 

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. Sense of Congress that Air Sovereignty Alert Mission should receive 

sufficient funding and resources. 

Sec. 356. Revision of certain Air Force regulations required. 

Sec. 357. Transfer of C–12 aircraft to California Department of Forestry and 

Fire Protection. 

Sec. 358. Availability of funds for Irregular Warfare Support program. 

Sec. 359. Sense of Congress regarding procurement and use of munitions. 

Sec. 360. Limitation on obligation of funds for Air Combat Command Management Headquarters. 

Sec. 361. Increase of domestic sourcing of military working dogs used by the 

Department of Defense. 

Sec. 362. Funding for programs relating to dental readiness for the Army Reserve. 

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 


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

Sec. 504. Increase in authorized number of general officers on active duty in 

the Marine Corps. 

Subtitle B—Reserve Component Management 

Sec. 511. Extension to all military departments of authority to defer mandatory 

separation of military technicians (dual status). 

Sec. 512. Increase in authorized strengths for Marine Corps Reserve officers on 

active duty in the grades of major and lieutenant colonel to 

meet force structure requirements. 

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. Study and report regarding personnel movements in Marine Corps 

Individual Ready Reserve. 

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. Treatment of certain service as joint duty experience. 

Subtitle D—General Service Authorities 

Sec. 531. Increase in authorized maximum reenlistment term. 

Sec. 532. Career intermission pilot program. 


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Subtitle E—Education and Training 

Sec. 541. Repeal of prohibition on phased increase in midshipmen and cadet 

strength limit at United States Naval Academy and Air Force 

Academy. 

Sec. 542. Promotion of foreign and cultural exchange activities at military service academies. 

Sec. 543. Compensation for civilian President of Naval Postgraduate School. 

Sec. 544. Increased authority to enroll defense industry employees in defense 

product development program. 

Sec. 545. Requirement of completion of service under honorable conditions for 

purposes of entitlement to educational assistance for reserve 

components members supporting contingency operations. 

Sec. 546. Consistent education loan repayment authority for health professionals in regular components and Selected Reserve. 

Sec. 547. Increase in number of units of Junior Reserve Officers’ Training 

Corps. 

Sec. 548. Correction of erroneous Army College Fund benefit amounts. 

Sec. 549. Expanded authority for institutions of professional military education 

to award degrees. 

Sec. 550. Enhancing education partnerships to improve accessibility and flexibility for members of the Armed Forces. 

Subtitle F—Military Justice 

Sec. 551. Grade of Staff Judge Advocate to the Commandant of the Marine 

Corps. 

Sec. 552. Standing military protection order. 

Sec. 553. Mandatory notification of issuance of military protective order to civilian law enforcement. 

Sec. 554. Implementation of information database on sexual assault incidents 

in the Armed Forces. 

Subtitle G—Decorations, Awards, and Honorary Promotions 

Sec. 561. Replacement of military decorations. 

Sec. 562. Authorization and request for award of Medal of Honor to Richard 

L. Etchberger for acts of valor during the Vietnam War. 

Sec. 563. Advancement of Brigadier General Charles E. Yeager, United States 

Air Force (retired), on the retired list. 

Sec. 564. Advancement of Rear Admiral Wayne E. Meyer, United States Navy 

(retired), on the retired list. 

Sec. 565. Award of Vietnam Service Medal to veterans who participated in Mayaguez rescue operation. 

Sec. 566. Retroactive award of Army Combat Action Badge. 

Subtitle H—Impact Aid 

Sec. 571. Continuation of authority to assist local educational agencies that 

benefit dependents of members of the Armed Forces and Department of Defense civilian employees. 

Sec. 572. Calculation of payments under Department of Education’s Impact 

Aid program. 

Subtitle I—Military Families 

Sec. 581. Presentation of burial flag. 


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Sec. 582. Education and training opportunities for military spouses. 

Sec. 583. Sense of the Congress regarding honor guard details for funerals of 

veterans. 

Subtitle J—Other Matters 

Sec. 591. Inclusion of Reserves in providing Federal aid for State governments, 

enforcing Federal authority, and responding to major public 

emergencies. 

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. Authority to order Reserve units to active duty to provide assistance 

in response to a major disaster or emergency. 

Sec. 595. Senior Military Leadership Diversity Commission. 

Sec. 596. Limitation on simultaneous deployment to combat zones of dual-military couples who have minor dependents. 

Sec. 597. Additional funds to carry out funeral honor functions at funerals for 

veterans. 

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 prohibition on charges for meals received at military 

treatment facilities by members receiving continuous care. 

Sec. 603. Equitable treatment of senior enlisted members in computation of 

basic allowance for housing. 

Sec. 604. Increase in maximum authorized payment or reimbursement amount 

for temporary lodging expenses. 

Sec. 605. Availability of portion of a second family separation allowance for 

married couples with dependents. 

Sec. 606. Stabilization of pay and allowances for senior enlisted members and 

warrant officers appointed as officers and officers reappointed 

in a lower grade. 

Sec. 607. Extension of authority for income replacement payments for reserve 

component members experiencing extended and frequent mobilization for active duty service. 

Sec. 608. Guaranteed pay increase for members of the Armed Forces of onehalf of one percentage point higher than Employment Cost 

Index. 

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. 


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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. 

Sec. 620. Temporary targeted bonus authority to increase direct accessions of 

officers in certain health professions. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Increased weight allowance for transportation of baggage and household effects for certain enlisted members. 

Sec. 632. Additional weight allowance for transportation of materials associated 

with employment of a member’s spouse or community support 

volunteer or charity activities. 

Sec. 633. Transportation of family pets during evacuation of nonessential personnel. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Equity in computation of disability retired pay for reserve component 

members wounded in action. 

Sec. 642. Effect of termination of subsequent marriage on payment of Survivor 

Benefit Plan annuity to surviving spouse or former spouse who 

previously transferred annuity to dependent children. 

Sec. 643. 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. 644. Election to receive retired pay for non-regular service upon retirement 

for service in an active reserve status performed after attaining 

eligibility for regular retirement. 

Sec. 645. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement. 

Sec. 646. Correction of unintended reduction in survivor benefit plan annuities 

due to phased elimination of two-tier annuity computation and 

supplemental annuity. 

Sec. 647. Presumption of death for participants in Survivor Benefit Plan in 

missing status. 

Sec. 648. Eligibility for disability retired pay and separation pay of certain 

former cadets and midshipmen with prior enlisted service. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

and Operations 

Sec. 651. Use of commissary stores surcharges derived from temporary commissary initiatives for reserve components and retired members. 

Sec. 652. Requirements for private operation of commissary store functions. 

Sec. 653. Additional exception to limitation on use of appropriated funds for 

Department of Defense golf courses. 

Sec. 654. Enhanced enforcement of prohibition on sale or rental of sexually explicit material on military installations. 


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Sec. 655. Requirement to buy military decorations, ribbons, badges, medals, insignia, and other uniform accouterments produced in the 

United States. 

Sec. 656. Use of appropriated funds to pay post allowances or overseas cost 

of living allowances to nonappropriated fund instrumentality 

employees serving overseas. 

Sec. 657. Study regarding sale of alcoholic wine and beer in commissary stores 

in addition to exchange stores. 

Subtitle F—Other Matters 

Sec. 661. Bonus to encourage Army personnel and other persons to refer persons for enlistment in the Army. 

Sec. 662. Continuation of entitlement to bonuses and similar benefits for members of the uniformed services who die, are separated or retired 

for disability, or meet other criteria. 

Sec. 663. Providing injured members of the Armed Forces information concerning benefits. 

Sec. 664. Postal benefits program for members of the Armed Forces serving 

in Iraq or Afghanistan. 

TITLE VII—HEALTH CARE 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. Prohibition on conversion of military medical and dental positions to 

civilian medical and dental positions. 

Sec. 704. Chiropractic health care for members on active duty. 

Sec. 705. Requirement to recalculate TRICARE Reserve Select premiums 

based on actual cost data. 

Sec. 706. Program for health care delivery at military installations projected to 

grow. 

Sec. 707. Guidelines for combined Federal medical facilities. 

Sec. 708. Reserve component behavioral health care provider locator and appointment assistance demonstration project. 

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. 

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. National Casualty Care Research Center. 

Sec. 724. Peer-reviewed research program on extremity war injuries. 

Sec. 725. Review of policies and processes related to the delivery of mail to 

wounded members of the Armed Forces. 


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Sec. 726. Post-deployment mental health screening demonstration project. 

Subtitle D—Other Matters 

Sec. 731. Report on stipend for members of reserve components for health care 

for certain dependents. 

Sec. 732. Report on providing the Extended Care Health Option Program to 

autistic dependents of military retirees. 

Sec. 733. Sense of Congress regarding autism therapy services. 

Sec. 734. Report on implementation of recommendations contained in report on 

health effects of exposure to depleted uranium. 

Sec. 735. Suicide Risk by Military Occupation. 

Sec. 736. Implementation of recommendations of Department of Defense Mental Health Task Force. 

Sec. 737. Transitional health care for certain members of the Armed Forces 

who agree to serve in the Selected Reserve of the Ready Reserve. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Review of impact of illegal subsidies on acquisition of KC–45 aircraft. 

Sec. 802. Assessment of urgent operational needs fulfillment. 

Sec. 803. Preservation of tooling for major defense acquisition programs. 

Sec. 804. Prohibition on procurement from beneficiaries of foreign subsidies. 

Sec. 805. Domestic industrial base considerations during source selection. 

Sec. 806. Commercial software reuse preference. 

Sec. 807. Comprehensive proposal analysis required during source selection. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 811. Acquisition workforce expedited hiring authority. 

Sec. 812. Definition of system for Defense Acquisition Challenge Program. 

Sec. 813. Career path and other requirements for military personnel in the acquisition field. 

Sec. 814. Technical data rights for non-FAR agreements. 

Sec. 815. Clarification that cost accounting standards apply to Federal contracts performed outside the United States. 

Subtitle C—Provisions Relating to Inherently Governmental Functions 

Sec. 821. Policy on personal conflicts of interest by employees of Department 

of Defense contractors. 

Sec. 822. Development of guidance on personal services contracts. 

Sec. 823. Limitation on performance of product support integrator functions. 

Sec. 824. Performance by private security contractors of inherently governmental functions in an area of combat operations. 

Subtitle D—Defense Industrial Security 

Sec. 831. Requirements relating to facility clearances. 

Sec. 832. Foreign ownership control or influence. 

Sec. 833. Congressional oversight relating to facility clearances and foreign 

ownership control or influence; definitions. 


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Subtitle E—Other Matters 

Sec. 841. Clarification of status of Government rights in the designs of department of defense vessels, boats, and craft, and components 

thereof. 

Sec. 842. Expansion of authority to retain fees from licensing of intellectual 

property. 

Sec. 843. Transfer of sections of title 10 relating to Milestone A and Milestone 

B for clarity. 

Sec. 844. Earned value management study and report. 

Sec. 845. Report on market research. 

Sec. 846. System development and demonstration benchmark report. 

Sec. 847. Additional matters required to be reported by contractors performing 

security functions in areas of combat operations. 

Sec. 848. Report relating to munitions. 

Sec. 849. Additional contractor requirements and responsibilities relating to alleged crimes by or against contractor personnel in Iraq and Afghanistan. 

Sec. 850. Requirement for Department of Defense to adopt an acquisition 

strategy for Defense Base Act insurance. 

Sec. 851. Motor carrier fuel surcharges. 

Sec. 852. Requirement for defense contract clause prohibiting certain uses of 

foreign shell companies. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Revisions in functions and activities of special operations command. 

Sec. 902. Requirement to designate officials for irregular warfare. 

Sec. 903. Plan required for personnel management of special operations forces. 

Sec. 904. Director of Operational Energy Plans and Programs. 

Sec. 905. Corrosion control and prevention executives for the military departments. 

Sec. 906. Alignment of Deputy Chief Management Officer responsibilities. 

Sec. 907. Requirement for the Secretary of Defense to prepare a strategic plan 

to enhance the role of the National Guard and Reserves. 

Sec. 908. Redesignation of the Department of the Navy as the Department of 

the Navy and Marine Corps. 

Sec. 909. Support to Committee review. 

Subtitle B—Space Activities 

Sec. 911. Extension of authority for pilot program for provision of space surveillance network services to non-United States Government 

entities. 

Sec. 912. Investment and acquisition strategy for commercial satellite capabilities. 

Subtitle C—Chemical Demilitarization Program 

Sec. 921. Chemical Demilitarization Citizens Advisory Commissions in Colorado 

and Kentucky. 

Sec. 922. Prohibition on transport of hydrolysate at Pueblo Chemical Depot, 

Colorado. 


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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. Department of Defense School of Nursing revisions. 

Sec. 942. Amendments of authority for regional centers for security studies. 

Sec. 943. Findings and Sense of Congress regarding the Western Hemisphere 

Institute for Security Cooperation. 

Sec. 944. Restriction on obligation of funds for United States Southern Command development assistance activities. 

Sec. 945. Authorization of non-conventional assisted recovery capabilities. 

Sec. 946. Report on United States Northern Command development of interagency plans and command and control relationships. 

Sec. 947. Report on National Guard resource requirements. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Requirement for separate display of budget for Afghanistan. 

Sec. 1003. Requirement for separate display of budget for Iraq. 

Sec. 1004. One-time shift of military retirement payments. 

Sec. 1005. Management of purchase cards. 

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. Policy relating to major combatant vessels of the strike forces of the 

United States Navy. 

Sec. 1014. National Defense Sealift Fund amendments. 

Sec. 1015. Report on contributions to the domestic supply of steel and other 

metals from scrapping of certain vessels. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Continuation 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 West Africa and the Maghreb. 


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Sec. 1026. Comprehensive Department of Defense strategy for counter-narcotics efforts in South and Central Asian regions. 

Subtitle D—Boards and Commissions 

Sec. 1031. Strategic Communication Management Board. 

Sec. 1032. Extension of certain dates for Congressional Commission on the 

Strategic Posture of the United States. 

Sec. 1033. Extension of Commission to Assess the Threat to the United States 

from Electromagnetic Pulse (EMP) Attack. 

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. Studies to analyze alternative models for acquisition and funding of 

inter-connected cyberspace systems. 

Sec. 1045. Report on nonstrategic nuclear weapons. 

Sec. 1046. Study on national defense implications of section 1083. 

Sec. 1047. Report on methods Department of Defense utilizes to ensure compliance with Guam tax and licensing laws. 

Sec. 1048. Study on methods to verifiably reduce the likelihood of accidental 

nuclear launch. 

Subtitle F—Congressional Recognitions 

Sec. 1051. Sense of Congress honoring the Honorable Duncan Hunter. 

Sec. 1052. Sense of Congress in honor of the Honorable Jim Saxton, a Member 

of the House of Representatives. 

Sec. 1053. Sense of Congress honoring the Honorable Terry Everett. 

Sec. 1054. Sense of Congress honoring the Honorable Jo Ann Davis. 

Subtitle G—Other Matters 

Sec. 1061. Amendment to annual submission of information regarding information technology capital assets. 

Sec. 1062. Restriction on Department of Defense relocation of missions or 

functions from Cheyenne Mountain Air Force Station. 

Sec. 1063. Technical and clerical amendments. 

Sec. 1064. Submission to Congress of revision to regulation on enemy prisoners 

of war, retained personnel, civilian internees, and other detainees. 

Sec. 1065. Authorization of appropriations for payments to Portuguese nationals employed by the Department of Defense. 

Sec. 1066. State Defense Force Improvement. 

Sec. 1067. Barnegat Inlet to Little Egg Inlet, New Jersey. 

Sec. 1068. Sense of Congress regarding the roles and missions of the Department of Defense and other national security institutions. 

Sec. 1069. Sense of Congress relating to 2008 supplemental appropriations. 

Sec. 1070. Sense of Congress regarding defense requirements of the United 

States. 

Sec. 1071. Standing Advisory Panel on Improving Integration between the Department of Defense, the Department of State, and the United 

States Agency for International Development on Matters of 

National Security. 


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HR 5658 PCS 

Sec. 1072. Nonapplicability of the Federal Advisory Committee Act to the Congressional Commission on the Strategic Posture of the United 

States. 

Sec. 1073. Study and report on use of power management software. 

Sec. 1074. Comprehensive Interagency Strategy for Strategic Communication 

and Public Diplomacy Activities of the Federal Government. 

Sec. 1075. Prohibitions relating to propaganda. 

Sec. 1076. Use of runway at NASJRB Willow Grove, Pennsylvania. 

Sec. 1077. Prohibition on interrogation of detainees by contractor personnel. 

Sec. 1078. Requirement for videotaping or otherwise electronically recording 

strategic intelligence interrogations of persons in the custody of 

or under the effective control of the Department of Defense. 

Sec. 1079. Public disclosure of names of students and instructors at Western 

Hemisphere Institute for Security Cooperation. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Temporary authority to waive limitation on premium pay for Federal employees. 

Sec. 1102. Extension of authority to make lump-sum severance payments. 

Sec. 1103. Extension of voluntary reduction-in-force authority of Department 

of Defense. 

Sec. 1104. Technical amendment to definition of professional accounting position. 

Sec. 1105. Expedited hiring authority for health care professionals. 

Sec. 1106. Authority to adjust certain limitations on personnel and reports on 

such adjustments. 

Sec. 1107. Temporary discretionary authority to grant allowances, benefits, and 

gratuities to personnel on official duty in a combat zone. 

Sec. 1108. Requirement relating to furloughs during the time of a contingency 

operation. 

Sec. 1109. Direct hire authority for certain positions at personnel demonstration laboratories. 

Sec. 1110. Status reports relating to laboratory personnel demonstration 

projects. 

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. Military-to-military contacts and comparable activities. 

Sec. 1203. Enhanced authority 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. One-year extension of authority for distribution to certain foreign 

personnel of education and training materials and information 

technology to enhance military interoperability. 

Sec. 1206. Modification and extension of authorities relating to program to 

build the capacity of foreign military forces. 

Sec. 1207. Extension of authority for security and stabilization assistance. 

Sec. 1208. Authority for support of special operations to combat terrorism. 

Sec. 1209. Regional Defense Combating Terrorism Fellowship Program. 


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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. Report on enhancing security and stability in the region along the 

border of Afghanistan and Pakistan. 

Sec. 1218. Study and report on Iraqi police training teams. 

Sec. 1219. Declaration of policy relating to status of forces agreements between 

the United States and Iraq. 

Sec. 1220. Limitation on certain status of forces agreements between the 

United States and Iraq. 

Sec. 1221. Report on long-term costs of Operation Iraqi Freedom and Operation Enduring Freedom. 

Subtitle C—Other Matters 

Sec. 1231. Payment of personnel expenses for multilateral cooperation programs. 

Sec. 1232. Extension of Department of Defense authority to participate in multinational military centers of excellence. 

Sec. 1233. Study of limitation on classified contracts with foreign companies 

engaged in space business with China. 

Sec. 1234. Requirement to update National Intelligence Estimate on Iran’s nuclear intentions and capabilities. 

Sec. 1235. Employment for resettled Iraqis. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

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. 

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 


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HR 5658 PCS 

Sec. 1421. Armed Forces Retirement Home. 

Subtitle D—Inapplicability of Executive Order No. 13457 

Sec. 1431. Inapplicability of Executive Order No. 13457. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 

FOR OPERATION IRAQI FREEDOM AND OPERATION ENDURING 

FREEDOM 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Defense-wide activities procurement. 

Sec. 1506. Rapid acquisition fund. 

Sec. 1507. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1508. Limitation on obligation of funds for the Joint Improvised Explosive 

Devices Defeat Organization pending notification to Congress. 

Sec. 1509. Research, development, test, and evaluation. 

Sec. 1510. Operation and maintenance. 

Sec. 1511. Other Department of Defense programs. 

Sec. 1512. Iraq Security Forces Fund. 

Sec. 1513. Afghanistan Security Forces Fund. 

Sec. 1514. Military personnel. 

Sec. 1515. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 1516. Special transfer authority. 

Sec. 1517. Treatment as additional authorizations. 

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. 

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. 


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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. 

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. 2207. Report on impacts of surface ship homeporting alternatives. 

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 


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HR 5658 PCS 

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. Extension of authorizations of certain fiscal year 2006 projects. 

Sec. 2608. 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. Repeal of commission approach for development of recommendations 

in any future round of base closures and realignments. 

Sec. 2712. Modification of annual base closure and realignment reporting requirements. 

Sec. 2713. 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. Conditions on closure of Walter Reed Army Medical Hospital and 

relocation of operations to National Naval Medical Center and 

Fort Belvoir. 

Sec. 2722. Report on use of BRAC properties as sites for refineries or nuclear 

power plants. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. Incorporation of principles of sustainable design in documents submitted as part of proposed military construction projects. 

Sec. 2802. Extension of authority to use operation and maintenance funds for 

construction projects outside the United States. 

Sec. 2803. Revision of maximum lease amount applicable to certain domestic 

Army family housing leases to reflect previously made annual 

adjustments in amount. 


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Sec. 2804. Use of military family housing constructed under build and lease authority to house members without dependents. 

Sec. 2805. Lease of military family housing to the Secretary of Defense for use 

as residence. 

Sec. 2806. Repeal of reporting requirement in connection with installation vulnerability assessments. 

Sec. 2807. Modification of alternative authority for acquisition and improvement of military housing. 

Sec. 2808. Report on capturing housing privatization best practices. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Clarification of exceptions to 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. Permanent authority to purchase municipal services for military installations in the United States. 

Sec. 2815. Defense access roads. 

Sec. 2816. Protecting private property rights during Department of Defense 

land acquisitions. 

Subtitle C—Provisions Related to Guam Realignment 

Sec. 2821. Guam Defense Policy Review Initiative Account. 

Sec. 2822. Sense of Congress regarding use of Special Purpose Entities for 

military housing related to Guam realignment. 

Sec. 2823. Sense of Congress regarding Federal assistance to Guam. 

Sec. 2824. Comptroller General report regarding interagency requirements related to Guam realignment. 

Sec. 2825. Energy and environmental design initiatives in Guam military construction and installations. 

Sec. 2826. Department of Defense Inspector General report regarding Guam 

realignment. 

Sec. 2827. Eligibility of the Commonwealth of the Northern Mariana Islands 

for military base reuse studies and community planning assistance. 

Sec. 2828. Prevailing wage applicable to Guam. 

Sec. 2829. Port of Guam Improvement Enterprise Program. 

Subtitle D—Energy Security 

Sec. 2841. Certification of enhanced use leases for energy-related projects. 

Sec. 2842. Annual report on Department of Defense installations energy management. 

Subtitle E—Land Conveyances 

Sec. 2851. Land conveyance, former Naval Air Station, Alameda, California. 

Sec. 2852. Land conveyance, Norwalk Defense Fuel Supply Point, Norwalk, 

California. 

Sec. 2853. Land conveyance, former Naval Station, Treasure Island, California. 

Sec. 2854. Condition on lease involving Naval Air Station, Barbers Point, Hawaii. 

Sec. 2855. Land conveyance, Sergeant First Class M.L. Downs Army Reserve 

Center, Springfield, Ohio. 


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HR 5658 PCS 

Sec. 2856. Land conveyance, John Sevier Range, Knox County, Tennessee. 

Sec. 2857. Land conveyance, Bureau of Land Management land, Camp Williams, Utah. 

Sec. 2858. Land conveyance, Army property, Camp Williams, Utah. 

Sec. 2859. Extension of Potomac Heritage National Scenic Trail through Fort 

Belvoir, Virginia. 

Sec. 2860. Transfer of administrative jurisdiction, decommissioned Naval Security Group Activity, Skaggs Island, California. 

Subtitle F—Other Matters 

Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to Arlington 

National Cemetery. 

Sec. 2872. Decontamination and use of former bombardment area on island of 

Culebra. 

Sec. 2873. Acceptance and use of gifts for construction of additional building 

at National Museum of the United States Air Force, WrightPatterson Air Force Base. 

Sec. 2874. Establishment of memorial to American Rangers at Fort Belvoir, 

Virginia. 

Sec. 2875. Lease involving pier on Ford Island, Pearl Harbor Naval Base, Hawaii. 

Sec. 2876. Naming of health facility, Fort Rucker, Alabama. 

TITLE XXIX—ADDITIONAL WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION AUTHORIZATIONS FOR FISCAL YEAR 2008 

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 for which funds were not appropriated. 

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. Utilization of international contributions to the Russian plutonium 

disposition program. 

Sec. 3112. Extension of deadline for Comptroller General report on Department 

of Energy protective force management. 

Sec. 3113. Enhancing nuclear forensics capabilities. 


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HR 5658 PCS 

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. 

DIVISION D—GOVERNMENTWIDE ACQUISITION IMPROVEMENTS 

Sec. 4001. Short title. 

TITLE XLI—ENHANCED COMPETITION 

Sec. 4101. Minimizing sole-source contracts. 

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

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

TITLE XLII—CURBING ABUSE-PRONE CONTRACTS 

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

Sec. 4202. Preventing abuse of interagency contracts. 

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

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

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

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

TITLE XLIII—ACQUISITION WORKFORCE 

Sec. 4301. Acquisition workforce development fund. 

Sec. 4302. Contingency contracting corps. 

TITLE XLIV—ANTI-FRAUD PROVISIONS 

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

certain information. 

Sec. 4402. Mandatory Fraud Reporting. 

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

Sec. 4404. Preventing conflicts of interest. 

TITLE XLV—ENHANCED CONTRACT TRANSPARENCY 

Sec. 4501. Disclosure of CEO salaries. 


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HR 5658 PCS 

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

Sec. 4503. Review of database. 

Sec. 4504. Disclosure in applications. 

Sec. 4505. Role of interagency committee. 

Sec. 4506. Authorization of independent agencies. 

Sec. 4507. Authorization of appropriations. 

Sec. 4508. Report to Congress. 

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

Sec. 4510. Protection of child custody arrangements for parents who are members of the armed forces deployed in support of a contingency 

operation. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code. 

5 DIVISION A—DEPARTMENT OF 

6 DEFENSE AUTHORIZATIONS 

7 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. 

Sec. 106. Rapid Acquisition Fund. 

Subtitle B—Army Programs 

Sec. 111. Separate procurement line items for Future Combat Systems program. 

Sec. 112. Restriction on contract awards for major elements of the Future 

Combat Systems program. 

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. 

Subtitle C—Navy Programs 

Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt. 

Sec. 122. Applicability of previous teaming agreements for Virginia-class submarine program. 

Sec. 123. Littoral Combat Ship (LCS) program. 

Sec. 124. Report on F/A–18 procurement costs, comparing multiyear to annual. 


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HR 5658 PCS 

Subtitle D—Air Force Programs 

Sec. 131. Limitation on retiring C–5 aircraft. 

Sec. 132. Maintenance of retired KC–135E aircraft. 

Sec. 133. Repeal of multi-year contract authority for procurement of tanker 

aircraft. 

Sec. 134. Report on processes used for requirements development for KC–(X). 

Subtitle E—Joint and Multiservice Matters 

Sec. 141. Body armor acquisition strategy. 

Sec. 142. Small arms acquisition strategy and requirements review. 

Sec. 143. Requirement for common ground stations and payloads for manned 

and unmanned aerial vehicles. 

Sec. 144. Report on Future Jet carrier trainer Requirements of the Navy. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 101. ARMY. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2009 for procurement for the Army as follows: 

6 (1) For aircraft, $4,912,735,000. 

7 (2) For missiles, $2,201,460,000. 

8 (3) For weapons and tracked combat vehicles, 

9 $3,539,177,000. 

10 (4) For ammunition, $2,294,791,000. 

11 (5) For other procurement, $11,201,876,000. 

12 SEC. 102. NAVY AND MARINE CORPS. 

13 (a) NAVY.—Funds are hereby authorized to be appro14 priated for fiscal year 2009 for procurement for the Navy 

15 as follows: 

16 (1) For aircraft, $14,627,274,000. 

17 (2) For weapons, including missiles and tor18 pedoes, $3,575,482,000. 


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1 (3) For shipbuilding and conversion, 

2 $12,917,919,000. 

3 (4) For other procurement, $5,461,926,000. 

4 (b) MARINE CORPS.—Funds are hereby authorized to 

5 be appropriated for fiscal year 2009 for procurement for 

6 the Marine Corps in the amount of $1,296,327,000. 

7 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

8 are hereby authorized to be appropriated for fiscal year 

9 2009 for procurement of ammunition for the Navy and 

10 the Marine Corps in the amount of $1,122,712,000. 

11 SEC. 103. AIR FORCE. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2009 for procurement for the Air Force as fol14 lows: 

15 (1) For aircraft, $12,618,665,000. 

16 (2) For ammunition, $934,478,000. 

17 (3) For missiles, $5,536,728,000. 

18 (4) For other procurement, $16,134,896,000. 

19 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2009 for Defense-wide procurement in the 

22 amount of $3,485,428,000. 

23 SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 

24 Funds are hereby authorized to be appropriated for 

25 fiscal year 2009 for the procurement of aircraft, missiles, 


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1 wheeled and tracked combat vehicles, tactical wheeled ve2 hicles, ammunition, other weapons, and other procurement 

3 for the reserve components of the Armed Forces in the 

4 amount of $800,000,000. 

5 SEC. 106. RAPID ACQUISITION FUND. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2009 for the Rapid Acquisition Fund in the 

8 amount of $50,000,000. 

9 Subtitle B—Army Programs 

10 SEC. 111. SEPARATE PROCUREMENT LINE ITEMS FOR FU11 TURE COMBAT SYSTEMS PROGRAM. 

12 Effective for fiscal year 2010 and for each fiscal year 

13 thereafter, the Secretary of Defense shall ensure that, in 

14 each budget submission to the President, a separate, dedi15 cated procurement line item is designated for each of the 

16 following elements of the Future Combat Systems (FCS) 

17 program, to the extent the budget submission includes 

18 funding for such elements: 

19 (1) FCS Manned Ground Vehicles. 

20 (2) FCS Unmanned Ground Vehicles. 

21 (3) FCS Unmanned Aerial Systems. 

22 (4) FCS Unattended Ground Systems. 

23 (5) Other FCS elements. 


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1 SEC. 112. RESTRICTION ON CONTRACT AWARDS FOR 

2 MAJOR ELEMENTS OF THE FUTURE COMBAT 

3 SYSTEMS PROGRAM. 

4 (a) CONTRACTING RESTRICTED.—For fiscal year 

5 2009 and any fiscal year thereafter, the Secretary of De6 fense and the Secretary of the Army may not award a 

7 contract for low-rate initial production or full-rate produc8 tion of major elements of the Future Combat Systems pro9 gram to any entity that is under contract to perform the 

10 role of lead systems integrator for the Future Combat Sys11 tems program. 

12 (b) INAPPLICABILITY TO NON-LINE OF SIGHT CAN13 NON.—Subsection (a) does not apply to contracts entered 

14 into in fiscal year 2009 or fiscal year 2010 for procure15 ment of Non-Line of Sight Cannon vehicles. 

16 (c) INAPPLICABILITY TO EQUIPMENT PROCURED

17 THROUGH SELECTED ACQUISITION METHODS.—Sub18 section (a) does not apply to elements of the Future Com19 bat Systems program— 

20 (1) acquired through the Army Rapid Equip21 ping Force program; 

22 (2) acquired through the Joint Improved Explo23 sive Device Defeat Organization; or 

24 (3) acquired specifically to address an Oper25 ational Needs Statement or Joint Urgent Oper26 ational Needs Statement. 


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1 (d) DEFINITIONS.—In this section: 

2 (1) The term ‘‘major elements of the Future 

3 Combat Systems program’’ includes— 

4 (A) Future Combat Systems Manned 

5 Ground Vehicles; 

6 (B) Future Combat Systems Unmanned 

7 Ground Vehicles; 

8 (C) Future Combat Systems Unmanned 

9 Aerial Vehicles; 

10 (D) Future Combat Systems Non-Line of 

11 Sight Missile Launchers; 

12 (E) Future Combat Systems Unattended 

13 Ground Sensors; and 

14 (F) Future Combat Systems equipment to 

15 upgrade vehicles and other equipment in the 

16 Army inventory as of October 1, 2008. 

17 (2) The term ‘‘lead systems integrator’’ has the 

18 meaning given such term in section 802(d) of the 

19 National Defense Authorization Act for Fiscal Year 

20 2008 (Public Law 110–181). 

21 SEC. 113. RESTRICTION ON OBLIGATION OF FUNDS FOR 

22 ARMY TACTICAL RADIO PENDING REPORT. 

23 (a) REPORT REQUIRED.—The Assistant Secretary of 

24 Defense for Networks and Information Integration shall 

25 submit to the congressional defense committees a report 


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1 on Army tactical radio fielding plans by March 30, 2009. 

2 This report shall include, at a minimum, the following: 

3 (1) A description of the Army tactical radio 

4 fielding strategy, including a description of the over5 all mix of tactical radio systems and how they inte6 grate to provide communications and network capa7 bility. 

8 (2) A detailed description of the current and fu9 ture mix of radios for Army infantry brigade combat 

10 teams, heavy brigade combat teams, Stryker brigade 

11 combat teams, and Future Combat Systems brigade 

12 combat teams. 

13 (3) A description of the current and future mix 

14 of radios for Army support brigades, headquarters 

15 elements, and training base. 

16 (4) A description of the Army’s plan to inte17 grate joint tactical radio system radios, including the 

18 number of each type of joint tactical radio the Army 

19 plans to procure. 

20 (5) An assessment of the total cost of the 

21 Army’s tactical radio fielding strategy, including fu22 ture procurement of joint tactical radio systems. 

23 (b) RESTRICTION ON OBLIGATION OF FUNDS PEND24 ING REPORT.—Of the amounts appropriated pursuant to 

25 an authorization of appropriations in this Act or otherwise 


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1 made available for fiscal year 2009 for Other Procure2 ment, Army, for tactical radio systems, not more than 75 

3 percent may be obligated or expended until 30 days after 

4 the report required by subsection (a) is received by the 

5 congressional defense committees. 

6 SEC. 114. RESTRICTION ON OBLIGATION OF PROCUREMENT 

7 FUNDS FOR ARMED RECONNAISSANCE HELI8 COPTER PROGRAM PENDING CERTIFI9 CATION. 

10 (a) CERTIFICATION REQUIRED.—The Under Sec11 retary of Defense for Acquisition, Technology, and Logis12 tics shall certify to the congressional defense committees 

13 that the Army Reconnaissance Helicopter has— 

14 (1) satisfactorily completed a Limited User 

15 Test; and 

16 (2) been approved to enter Milestone C. 

17 (b) RESTRICTION ON OBLIGATION OF FUNDS PEND18 ING CERTIFICATION.—Of the amounts appropriated pur19 suant to an authorization of appropriations in this Act or 

20 otherwise made available for fiscal year 2009 for aircraft 

21 procurement, Army, for the Armed Reconnaissance Heli22 copter, not more than 20 percent may be obligated until 

23 30 days after the certification required by subsection (a) 

24 is received by the congressional defense committees. 


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1 Subtitle C—Navy Programs 

2 SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE 

3 U.S.S. THEODORE ROOSEVELT. 

4 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.— 

5 Of the amount appropriated pursuant to the authorization 

6 of appropriations in section 102 or otherwise made avail7 able for shipbuilding, conversion, and repair, Navy, for fis8 cal year 2009, $124,500,000 is available for the com9 mencement of the nuclear refueling and complex overhaul 

10 of the U.S.S. Theodore Roosevelt (CVN–71) during fiscal 

11 year 2009. The amount made available in the preceding 

12 sentence is the first increment in the three-year funding 

13 planned for the nuclear refueling and complex overhaul of 

14 that vessel. 

15 (b) CONTRACT AUTHORITY.—The Secretary of the 

16 Navy is authorized to enter into a contract during fiscal 

17 year 2009 for the nuclear refueling and overhaul of the 

18 U.S.S. Theodore Roosevelt (CVN–71). 

19 (c) CONDITION FOR OUT-YEAR CONTRACT PAY20 MENTS.—A contract entered into under subsection (b) 

21 shall provide that any obligation of the United States to 

22 make a payment under the contract for a fiscal year after 

23 fiscal year 2009 is subject to the availability of appropria24 tions for that purpose for that later fiscal year. 


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1 SEC. 122. APPLICABILITY OF PREVIOUS TEAMING AGREE2 MENTS FOR VIRGINIA-CLASS SUBMARINE 

3 PROGRAM. 

4 Section 121 of the National Defense Authorization 

5 Act for Fiscal Year 2008 (Public Law 110–181) is amend6 ed in subsection (b)— 

7 (1) in paragraph (1) by striking ‘‘and’’ at the 

8 end; 

9 (2) in paragraph (2) by striking the period at 

10 the end and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(3) the Secretary submits to the congressional 

13 defense committees a certification that the contract 

14 will be awarded to either the General Dynamics 

15 Electric Boat Division or the Northrop Grumman 

16 Newport News Shipbuilding Division, with the other 

17 contractor as the primary subcontractor to the con18 tract, in accordance with the Team Agreement be19 tween the two companies, dated February 16, 1997, 

20 which was submitted to the Congress on March 31, 

21 1997.’’. 

22 SEC. 123. LITTORAL COMBAT SHIP (LCS) PROGRAM. 

23 Section 124 of the National Defense Authorization 

24 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

25 3157), as amended by section 125 of the National Defense 

26 Authorization Act for Fiscal Year 2008 (Public Law 110– 


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1 181; 122 Stat. 29), is amended in subsection (d) by add2 ing at the end the following: 

3 ‘‘(3) The amounts of increases or decreases in 

4 costs attributable to economic inflation after Sep5 tember 30, 2007. However, in the case of a vessel 

6 the procurement of which is funded from amounts 

7 appropriated pursuant to an authorization of appro8 priations or otherwise made available for fiscal year 

9 2008 or 2009, the amount of such an increase for 

10 such a vessel may not exceed $10,000,000. 

11 ‘‘(4) The amounts of increases or decreases in 

12 costs of that vessel that are attributable to insertion 

13 of new technology into that vessel, as compared to 

14 the technology built into the first and second vessels, 

15 respectively, of the Littoral Combat Ship (LCS) 

16 class of vessels. However, the Secretary of the Navy 

17 may make an adjustment under this paragraph only 

18 if— 

19 ‘‘(A) the Secretary of the Navy determines, 

20 and certifies to the congressional defense com21 mittees, that insertion of the new technology 

22 would lower the life-cycle cost of the vessel; or 

23 ‘‘(B)(i) the Secretary of the Navy deter24 mines, and certifies to the congressional defense 

25 committees, that insertion of the new techVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 nology is required to meet an emerging threat; 

2 and 

3 ‘‘(ii) the Secretary of Defense certifies to 

4 those committees that such threat poses grave 

5 harm to national security.’’. 

6 SEC. 124. REPORT ON F/A–18 PROCUREMENT COSTS, COM7 PARING MULTIYEAR TO ANNUAL. 

8 (a) IN GENERAL.—Not later than March 1, 2009, the 

9 Secretary of Defense shall submit to the congressional de10 fense committees a report on F/A–18 procurement. The 

11 report shall include the following: 

12 (1) The number of F/A–18E/F and EA–18G 

13 aircraft programmed for procurement for fiscal 

14 years 2010 through 2015. 

15 (2) The estimated procurement costs for those 

16 aircraft, if procured through annual procurement 

17 contracts. 

18 (3) The estimated procurement costs for those 

19 aircraft, if procured through a multiyear procure20 ment contract. 

21 (4) The estimated savings that could be derived 

22 from the procurement of those aircraft through a 

23 multiyear procurement contract, and whether the 

24 Secretary considers the amount of those savings to 

25 be substantial. 


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1 (5) A discussion comparing the costs and bene2 fits of obtaining those aircraft through annual pro3 curement contracts with the costs and benefits of ob4 taining those aircraft through a multiyear procure5 ment contract. 

6 (6) The recommendations of the Secretary as to 

7 whether Congress should authorize a multiyear pro8 curement contract for those aircraft. 

9 (b) CERTIFICATIONS REQUIRED.—Should the Sec10 retary recommend under subsection (a)(6) that Congress 

11 authorize a multiyear procurement contract for the air12 craft, the Secretary shall accompany the recommendation 

13 with the certifications required by section 2306b of title 

14 10, United States Code, so as to enable to award of a 

15 multiyear procurement contract beginning with fiscal year 

16 2010. 

17 (c) FUNDING.—Subject to the availability of appro18 priations, the Secretary of the Navy may obligate up to 

19 $100,000,000 of the amount authorized for procurement 

20 of F/A–18E/F or EA–18G aircraft for cost reduction ini21 tiatives (CRI) in fiscal year 2009. Such CRI funding may 

22 be applied to either single year or multiyear procurements 

23 of F/A–18 aircraft. 


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1 Subtitle D—Air Force Programs 

2 SEC. 131. LIMITATION ON RETIRING C–5 AIRCRAFT. 

3 (a) CERTIFICATION AND COST ANALYSIS RE4 QUIRED.—The Secretary of the Air Force may not retire 

5 C–5A aircraft from the inventory of the Air Force in any 

6 number that would reduce the total number of such air7 craft in the inventory below 111 until 45 days after the 

8 Secretary of the Air Force submits to the congressional 

9 defense committees the following: 

10 (1) The Secretary’s certification that retiring 

11 the aircraft will not significantly increase operational 

12 risk of not meeting the National Defense Strategy. 

13 (2) A cost analysis with respect to the aircraft 

14 to be retired that— 

15 (A) evaluates which alternative is more ef16 fective in meeting strategic airlift mobility re17 quirements— 

18 (i) to retire the aircraft; or 

19 (ii) to perform the Reliability En20 hancement and Re-engining Program 

21 (RERP) on the aircraft; and 

22 (B) evaluates the life-cycle cost of C–17 

23 aircraft to replace the capability of the aircraft 

24 to be retired. 


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1 (b) ADDITIONAL REQUIREMENTS FOR COST ANAL2 YSIS.—The cost analysis required by subsection (a)(2) 

3 shall conform to the following requirements: 

4 (1) The cost analysis shall include one analysis 

5 that uses ‘‘constant year dollars’’ and one analysis 

6 that uses ‘‘then year dollars’’. 

7 (2) For each such analysis, the time period cov8 ered by the analysis shall be the expected service life 

9 of the aircraft concerned. 

10 (3) For each such analysis, the ownership costs 

11 evaluated shall include costs for— 

12 (A) planned technology insertions or up13 grades over the service life of the aircraft to 

14 meet emerging requirements; 

15 (B) research and development; 

16 (C) testing; 

17 (D) procurement; 

18 (E) production; 

19 (F) production termination; 

20 (G) operations; 

21 (H) training; 

22 (I) maintenance; 

23 (J) sustainment; 

24 (K) military construction; 

25 (L) personnel; 


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1 (M) cost of replacement due to attrition; 

2 and 

3 (N) disposal. 

4 (4) The cost analysis shall include each of the 

5 following: 

6 (A) An assessment of the quality of each 

7 cost analysis. 

8 (B) A discussion of each of the following: 

9 (i) The assumptions used. 

10 (ii) The benefits to be realized from 

11 each alternative. 

12 (iii) Adverse impacts to be realized 

13 from each alternative. 

14 (iv) Cargo capacity, operational avail15 ability, departure reliability, and mission 

16 capability. 

17 (v) Aircraft basing. 

18 (vi) Aircrew ratios and associated 

19 training requirements. 

20 (vii) Performing RERP on only C–5B 

21 and C–5C aircraft. 

22 (C) A summary table that compares and 

23 contrasts each alternative with respect to each 

24 of the requirements of this subsection. 


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1 (c) CONFORMING REPEAL.—Section 132 of the Na2 tional Defense Authorization Act for Fiscal Year 2004 

3 (Public Law 108–136; 117 Stat. 1411) is repealed. 

4 SEC. 132. MAINTENANCE OF RETIRED KC–135E AIRCRAFT. 

5 Section 135(b) of the John Warner National Defense 

6 Authorization Act for Fiscal Year 2007 (Public Law 109– 

7 364; 120 Stat. 2114) is amended by striking ‘‘each KC– 

8 135E aircraft that is retired’’ and inserting ‘‘at least 46 

9 of the KC–135E aircraft retired’’. 

10 SEC. 133. REPEAL OF MULTI-YEAR CONTRACT AUTHORITY 

11 FOR PROCUREMENT OF TANKER AIRCRAFT. 

12 Section 135 of the National Defense Authorization 

13 Act for Fiscal Year 2004 (10 U.S.C. 2401a note) is re14 pealed. 

15 SEC. 134. REPORT ON PROCESSES USED FOR REQUIRE16 MENTS DEVELOPMENT FOR KC–(X). 

17 Not later than December 1, 2008, the Secretary of 

18 the Air Force shall submit to the congressional defense 

19 committees a report on the processes used for require20 ments development for the KC–(X). The report shall in21 clude— 

22 (1) an examination of the processes by which 

23 KC–(X) requirements were established; 


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1 (2) a justification for the use of the KC–135R 

2 as the comparative baseline for the KC–(X) competi3 tion; and 

4 (3) an evaluation of commercial derivative air5 craft in the 750,000 pounds maximum gross take-off 

6 weight to 1,000,000 pounds maximum gross take-off 

7 weight range as a potential aerial refueling platform, 

8 which shall include an examination of pertinent aer9 ial refueling capabilities such as range, offload at 

10 range, and passenger/cargo capacity. 

11 Subtitle E—Joint and Multiservice 

12 Matters 

13 SEC. 141. BODY ARMOR ACQUISITION STRATEGY. 

14 (a) EXECUTIVE AGENT.—The Secretary of Defense 

15 shall designate an executive agent for procurement of body 

16 armor and associated components. 

17 (b) SEPARATE PROCUREMENT LINE ITEMS.—Effec18 tive for fiscal year 2010 and for each fiscal year there19 after, the Secretary of Defense shall ensure that, within 

20 each procurement account budget submission to the Presi21 dent, a separate, dedicated procurement line item is des22 ignated for procurement of body armor and associated 

23 components. 

24 (c) REPORT.—Not later than 90 days after the date 

25 of the enactment of this Act, the Under Secretary of DeVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 fense for Acquisition, Technology, and Logistics shall sub2 mit to the congressional defense committees a report 

3 that— 

4 (1) identifies the critical industrial base capac5 ity for body armor, to include all tiers of subcon6 tractor suppliers; 

7 (2) contains a plan for the long-term mainte8 nance of this industrial base capacity; and 

9 (3) identifies specific research and development 

10 objectives, priorities, and funding profiles for— 

11 (A) advances in the level of protection; 

12 (B) weight reduction; and 

13 (C) manufacturing productivity. 

14 SEC. 142. SMALL ARMS ACQUISITION STRATEGY AND RE15 QUIREMENTS REVIEW. 

16 (a) GAO AUDIT AND REPORT.—The Comptroller 

17 General of the United States shall audit the requirements 

18 generation process of the Department of Defense for small 

19 arms procurement to determine if there are statutory or 

20 regulatory barriers to developing a small arms procure21 ment requirement. Not later than October 1, 2009, the 

22 Comptroller General shall submit to the congressional de23 fense committees a report on the results of the audit. 

24 (b) SECRETARY OF DEFENSE REPORT.—Not later 

25 than 120 days after the date of the enactment of this Act, 


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1 the Secretary of Defense shall submit to the congressional 

2 defense committees a comprehensive report on the small 

3 arms industrial base. The report shall include the fol4 lowing: 

5 (1) The current inventory, acquisition objective, 

6 operational, and budgetary status of current small 

7 arms programs, to include pistols, carbines, rifles, 

8 light, medium, and heavy machine guns. 

9 (2) A plan for a joint acquisition strategy for 

10 small arms modernization, with emphasis on a pos11 sible near term competition for a new pistol and car12 bine. 

13 (3) An analysis of current small arms research 

14 and development programs. 

15 (4) An analysis of current small arms capability 

16 gap assessments that have been finalized or are 

17 being pursued. 

18 (c) DEFINITION.—In this section, the term ‘‘small 

19 arms’’— 

20 (1) means man portable or vehicle mounted 

21 light weapons, designed primarily for use by indi22 vidual military personnel for anti-personnel use; and 

23 (2) includes pistols, carbines, rifles, and light, 

24 medium, and heavy machine guns. 


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1 SEC. 143. REQUIREMENT FOR COMMON GROUND STATIONS 

2 AND PAYLOADS FOR MANNED AND UN3 MANNED AERIAL VEHICLES. 

4 (a) POLICY REQUIRED.—The Secretary of Defense 

5 shall establish a policy and an acquisition strategy for in6 telligence, surveillance, and reconnaissance payloads and 

7 ground stations for manned and unmanned aerial vehicle 

8 systems, to be applicable throughout the Department of 

9 Defense, to achieve integrated research, development, test, 

10 and evaluation, and procurement commonality. 

11 (b) OBJECTIVES.—The policy and acquisition strat12 egy required by subsection (a) shall have the following ob13 jectives: 

14 (1) Procurement of common payloads by vehicle 

15 class, including— 

16 (A) signals intelligence; 

17 (B) electro optical; 

18 (C) synthetic aperture radar; 

19 (D) ground moving target indicator; 

20 (E) conventional explosive detection; 

21 (F) foliage penetrating radar; 

22 (G) laser designator; 

23 (H) chemical, biological, radiological, nu24 clear, explosive detection; and 

25 (I) national airspace operations avionics or 

26 sensors, or both. 


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1 (2) Commonality of ground systems by vehicle 

2 class. 

3 (3) Common management of vehicle and pay4 loads procurement. 

5 (4) Ground station interoperability standardiza6 tion. 

7 (5) Open source software code. 

8 (6) Acquisition of technical data rights in ac9 cordance with section 2320 of title 10, United States 

10 Code. 

11 (7) Acquisition of vehicles, payloads, and 

12 ground stations through competitive procurement. 

13 (c) AFFECTED SYSTEMS.—For the purposes of this 

14 section, the manned and unmanned aerial vehicle classes 

15 and types of manned and unmanned aerial vehicles within 

16 each class are as follows: 

17 (1) Tier II class: Vehicles such as Silver Fox 

18 and Scan Eagle. 

19 (2) Tactical class: Vehicles such as RQ–7. 

20 (3) Medium altitude class: Vehicles such as 

21 MQ–1, MQ–1C, MQ–5, MQ–8, MQ–9, and Warrior 

22 Alpha. 

23 (4) High Altitude class: Vehicles such as RQ– 

24 4, RQ–4N, Unmanned airship systems, Constant 

25 Hawk, Angel Fire, Special Project Aircraft, Aerial 


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1 Common Sensor, EP–3, Scathe View, Compass Call, 

2 and Rivet Joint. 

3 (d) CONSULTATION.—The Secretary shall develop the 

4 policy and acquisition strategy required by subsection (a) 

5 in consultation with the Chairman of the Joint Chiefs of 

6 Staff. 

7 (e) REPORT.—Not later than 120 days after the date 

8 of the enactment of this Act, the Secretary shall submit 

9 to the congressional defense committees, the Permanent 

10 Select Committee on Intelligence of the House of Rep11 resentatives, and the Select Committee on Intelligence of 

12 the Senate a report containing— 

13 (1) the policy required by subsection (a); and 

14 (2) the acquisition strategy required by sub15 section (a). 

16 SEC. 144. REPORT ON FUTURE JET CARRIER TRAINER RE17 QUIREMENTS OF THE NAVY. 

18 Not later than 120 days after the date of the enact19 ment of this Act, the Secretary of the Navy shall submit 

20 to the congressional defense committees a report on future 

21 jet carrier trainer requirements. The report shall in22 clude— 

23 (1) an assessment of the Navy Strategic Plan24 ning Study concerning future jet carrier trainer re25 quirements; 


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1 (2) an assessment of studies conducted by inde2 pendent organizations concerning future jet carrier 

3 trainer requirements; 

4 (3) a cost-benefit analysis of creating a new 

5 program to fulfill future jet carrier trainer require6 ments; 

7 (4) a cost-benefit analysis of modifying current 

8 programs to fulfill future jet carrier trainer require9 ments; and 

10 (5) a plan to address future jet carrier trainer 

11 requirements beginning fiscal year 2010. 

12 TITLE II—RESEARCH, DEVELOP13 MENT, TEST, AND EVALUA14 TION 

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. 

Subtitle C—Missile Defense Programs 

Sec. 221. Independent study of boost phase missile defense. 

Sec. 222. Limitation on availability of funds for procurement, construction, and 

deployment of missile defenses in Europe. 


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Subtitle D—Other Matters 

Sec. 231. Oversight of testing of personnel protective equipment by Director, 

Operational Test and Evaluation. 

Sec. 232. Assessment of the Historically Black Colleges and Universities and 

Minority Serving Institutions Program. 

Sec. 233. 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. 234. Repeal of requirement for Technology Transition Initiative. 

Sec. 235. Trusted defense systems. 

Sec. 236. Limitation on obligation of funds for Enhanced AN/TPQ–36 radar 

system pending submission of report. 

Sec. 237. Capabilities-based assessment to outline a joint approach for future 

development of vertical lift aircraft and rotorcraft. 

Sec. 238. Availability of funds for prompt global strike capability development. 

Sec. 239. Visiting NIH Senior Neuroscience Fellowship Program. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2009 for the use of the Department of Defense 

6 for research, development, test, and evaluation as follows: 

7 (1) For the Army, $10,688,695,000. 

8 (2) For the Navy, $19,764,738,000. 

9 (3) For the Air Force, $28,238,349,000. 

10 (4) For Defense-wide activities, 

11 $21,033,651,000, of which $188,772,000 is author12 ized for the Director of Operational Test and Eval13 uation. 

14 SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH15 NOLOGY. 

16 (a) FISCAL YEAR 2009.—Of the amounts authorized 

17 to be appropriated by section 201, $12,059,915,000 shall 


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1 be available for the Defense Science and Technology Pro2 gram, including basic research, applied research, and ad3 vanced technology development projects. 

4 (b) BASIC RESEARCH, APPLIED RESEARCH, AND AD5 VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For 

6 purposes of this section, the term ‘‘basic research, applied 

7 research, and advanced technology development’’ means 

8 work funded in program elements for defense research and 

9 development under Department of Defense budget activity 

10 1, 2, or 3. 

11 Subtitle B—Program Require12 ments, Restrictions, and Limita13 tions 

14 SEC. 211. ADDITIONAL DETERMINATIONS TO BE MADE AS 

15 PART OF FUTURE COMBAT SYSTEMS MILE16 STONE REVIEW. 

17 Section 214(b) of the John Warner National Defense 

18 Authorization Act for Fiscal Year 2007 (Public Law 109– 

19 364; 120 Stat. 2123) is amended by striking paragraphs 

20 (4) through (6) and inserting the following: 

21 ‘‘(4) Whether actual demonstrations, rather 

22 than simulations, have shown that the software for 

23 the program is on a path to achieve threshold re24 quirements on cost and schedule. 


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1 ‘‘(5) Whether the program’s planned major 

2 communications network demonstrations are suffi3 ciently complex and realistic to inform major pro4 gram decision points. 

5 ‘‘(6) The extent to which Future Combat Sys6 tems manned ground vehicle survivability will be re7 duced in a degraded Future Combat Systems com8 munications network environment. 

9 ‘‘(7) The level of network degradation at which 

10 Future Combat Systems manned ground vehicle 

11 crew survivability is significantly reduced. 

12 ‘‘(8) The extent to which the Future Combat 

13 Systems communications network will be able to 

14 withstand network attack, jamming, or other inter15 ference. 

16 ‘‘(9) What the cost estimate for the program is, 

17 including all spin outs, and an assessment of the 

18 confidence level for that estimate. 

19 ‘‘(10) What the affordability assessment for the 

20 program is, given projected Army budgets, based on 

21 that cost estimate.’’. 

22 SEC. 212. ANALYSIS OF FUTURE COMBAT SYSTEMS COMMU23 NICATIONS NETWORK AND SOFTWARE. 

24 (a) REPORT REQUIRED.—Not later than July 1, 

25 2009, the Assistant Secretary of Defense, Networks and 


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1 Information Integration, shall submit to the congressional 

2 defense committees a report providing an assessment of 

3 the Future Combat Systems communications network and 

4 software. This report shall include, at a minimum, the fol5 lowing: 

6 (1) An assessment of the vulnerability of the 

7 Future Combat Systems communications network 

8 and software to enemy network attack, in particular 

9 the impact of the use of significant amounts of com10 mercial software in Future Combat Systems soft11 ware. 

12 (2) An assessment of the vulnerability of the 

13 Future Combat Systems communications network to 

14 electronic warfare, jamming, and other potential 

15 enemy interference. 

16 (3) An assessment of the vulnerability of the 

17 Future Combat Systems communications network to 

18 adverse weather and complex terrain. 

19 (4) An assessment of the Future Combat Sys20 tems communication network’s dependence on sat21 ellite communications support, and an assessment of 

22 the network’s performance in the absence of as23 sumed levels of satellite communications support. 

24 (5) An assessment of the performance of the 

25 Future Combat Systems communications network 


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1 when operating in a degraded condition due to the 

2 factors analyzed in paragraphs (1), (2), (3), and (4), 

3 and how such a degraded network environment 

4 would impact the performance of Future Combat 

5 Systems brigades and the survivability of Future 

6 Combat Systems manned ground vehicles. 

7 (b) INCLUSION OF CLASSIFIED ANNEX.—The report 

8 required by subsection (a) may include a classified annex 

9 at the discretion of the Assistant Secretary, for the pur10 pose of providing the assessments required, or to provide 

11 additional supporting information. 

12 SEC. 213. FUTURE COMBAT SYSTEMS MANNED GROUND VE13 HICLE SELECTED ACQUISITION REPORTS. 

14 (a) REPORT REQUIRED.—For each of the years 2009 

15 through 2015, the Secretary of the Army shall, not later 

16 than February 15 of the year, submit a selected acquisi17 tion report for each Future Combat Systems manned 

18 ground vehicle variant. 

19 (b) REQUIRED ELEMENTS.—The reports required by 

20 subsection (a) shall include the same information required 

21 in comprehensive annual selected acquisition reports for 

22 major defense acquisition as defined in section 2432(c) of 

23 title 10, United States Code. 

24 (c) DEFINITION.—In this section, the term ‘‘manned 

25 ground vehicle variant’’ includes the eight distinct variants 


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1 of manned ground vehicle designated on pages seven and 

2 eight of the Future Combat Systems selected acquisition 

3 report of the Department of Defense dated December 31, 

4 2007, and any additional manned ground vehicle variants 

5 designated in Future Combat Systems acquisition reports 

6 of the Department of Defense after the date of the enact7 ment of this Act. 

8 SEC. 214. SEPARATE PROCUREMENT AND RESEARCH, DE9 VELOPMENT, TEST, AND EVALUATION LINE 

10 ITEMS AND PROGRAM ELEMENTS FOR SKY 

11 WARRIOR UNMANNED AERIAL SYSTEMS 

12 PROJECT. 

13 Effective for fiscal year 2010 and for each fiscal year 

14 thereafter, the Secretary of Defense shall ensure that, in 

15 the Department of Defense’s annual budget submission to 

16 the President, within both the account for procurement 

17 and the account for research, development, test, and eval18 uation, a separate, dedicated line item and program ele19 ment is designated for the Sky Warrior Unmanned Aerial 

20 Systems project, to the extent such accounts include fund21 ing for such project. 


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1 SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS FOR 

2 THE WARFIGHTER INFORMATION NET3 WORK—TACTICAL PROGRAM. 

4 (a) NOTIFICATION REQUIRED.—The Under Sec5 retary of Defense for Acquisition, Technology, and Logis6 tics shall notify the congressional defense committees 

7 within five days after the completion of all of the following 

8 actions: 

9 (1) Approval by the Under Secretary of a new 

10 acquisition program baseline for the Warfighter In11 formation Network-Tactical (WIN–T) Increment 3 

12 program. 

13 (2) Completion of the independent cost estimate 

14 for the WIN–T Increment 3 program by the Cost 

15 Analysis Improvement Group, as required by the 

16 June 5, 2007 recertification by the Under Secretary. 

17 (3) Completion of the technology readiness as18 sessment of the WIN–T Increment 3 program by the 

19 Director, Defense Research and Engineering, as re20 quired by the June 5, 2007 recertification by the 

21 Under Secretary. 

22 (b) RESTRICTION ON OBLIGATION OF FUNDS PEND23 ING NOTIFICATION.—Of the amounts appropriated pursu24 ant to an authorization of appropriations in this Act or 

25 otherwise made available for research, development, test, 

26 and evaluation, Army, for fiscal year 2009 for the WIN– 


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1 T Increment 3 program, not more than 20 percent of 

2 those amounts may be obligated or expended until 15 days 

3 after the notification required by subsection (a) is received 

4 by the congressional defense committees. 

5 SEC. 216. LIMITATION ON SOURCE OF FUNDS FOR CERTAIN 

6 JOINT CARGO AIRCRAFT EXPENDITURES. 

7 Of the amounts appropriated pursuant to an author8 ization of appropriations in this Act or otherwise made 

9 available for fiscal year 2009 or any fiscal year thereafter 

10 for the Army, the Secretary of the Army may fund the 

11 following Joint Cargo Aircraft expenditures only through 

12 amounts made available for procurement or for research, 

13 development, test, and evaluation: support equipment, ini14 tial spares, training simulators, systems engineering and 

15 management, and post-production modifications. 

16 Subtitle C—Missile Defense 

17 Programs 

18 SEC. 221. INDEPENDENT STUDY OF BOOST PHASE MISSILE 

19 DEFENSE. 

20 (a) AGREEMENT REQUIRED.—Not later than 90 days 

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

22 of Defense shall enter into an agreement with a Federally 

23 Funded Research and Development Center to conduct an 

24 independent study of concepts and systems for boost phase 

25 missile defense. 


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1 (b) REQUIREMENTS FOR STUDY.— 

2 (1) SYSTEMS TO BE EXAMINED.—The study re3 quired by subsection (a) shall examine each of the 

4 following systems: 

5 (A) The Airborne Laser. 

6 (B) The Kinetic Energy Interceptor (land7 and sea-based options). 

8 (2) FACTORS TO BE EVALUATED.—The study 

9 shall evaluate each system based on the following 

10 factors: 

11 (A) Technical capability of the system 

12 against scenarios identified in paragraph 

13 (3)(A). 

14 (B) Operational issues, including oper15 ational effectiveness. 

16 (C) Results of key milestone tests in fiscal 

17 year 2009 and fiscal years prior. 

18 (D) Survivability. 

19 (E) Suitability. 

20 (F) Concept-of-Operations, including bas21 ing considerations. 

22 (G) Operations and maintenance support. 

23 (H) Command-and-Control. 

24 (I) Shortfall from intercepts. 

25 (J) Force structure requirements. 


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1 (K) Effectiveness against countermeasures. 

2 (L) Estimated cost of sustaining the sys3 tem in the field. 

4 (M) Total lifecycle cost estimates. 

5 (3) SCENARIOS TO BE ASSESSED.— 

6 (A) IN GENERAL.—The study shall in7 clude, for each system, an assessment of the 

8 operational capabilities of the system— 

9 (i) to counter short-, medium-, and in10 termediate-range ballistic missile threats to 

11 the deployed forces of the United States 

12 and its friends and allies from rogue 

13 states; and 

14 (ii) to defend the territory of the 

15 United States against limited ballistic mis16 sile attack. 

17 (B) COMPARISON WITH NON-BOOST SYS18 TEMS.—The study shall also include an assess19 ment of the performance and operational capa20 bilities of non-boost missile defense systems to 

21 counter the threats referred to in subparagraph 

22 (A), and shall compare those capabilities with 

23 the predicted performance and operational ca24 pabilities of the boost phase missile defense sys25 tems to counter those threats. For purposes of 


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1 this subparagraph, the non-boost missile de2 fense systems shall include, at a minimum— 

3 (i) the Patriot PAC–3 system and the 

4 Medium Extended Air Defense System 

5 (MEADS) follow-on system; 

6 (ii) the Aegis Ballistic Missile Defense 

7 system, with all variants of the Standard 

8 Missile-3 interceptor; 

9 (iii) the Terminal High Altitude Area 

10 Defense (THAAD) system; and 

11 (iv) the Ground-based Midcourse De12 fense system. 

13 (4) ASSESSMENTS AND RECOMMENDATIONS.— 

14 The study shall include the following: 

15 (A) Assessment of the developmental ef16 forts to date and feasibility of the currently 

17 funded boost phase missile defense systems, 

18 using the factors outlined in paragraph (2). 

19 (B) Assessment of the cost and benefits of 

20 the currently funded boost phase missile de21 fense systems. 

22 (C) A recommended strategy for boost 

23 phase missile defense investment over the Fu24 ture Years Defense Program. 


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1 (D) Any other matter that the Federally 

2 Funded Research and Development Center con3 siders appropriate. 

4 (c) COOPERATION FROM GOVERNMENT.—In carrying 

5 out the study, the Federally Funded Research and Devel6 opment Center shall receive the full and timely cooperation 

7 of the Secretary of Defense and any other United States 

8 Government official in providing the Center with analyses, 

9 briefings, and other information necessary for the fulfill10 ment of its responsibilities. 

11 (d) REPORT.—Not later than January 31, 2010, the 

12 Federally Funded Research and Development Center shall 

13 submit to the congressional defense committees a report 

14 on its findings, conclusions, and recommendations. The re15 port shall be in unclassified form, but may include a classi16 fied annex. 

17 (e) PROHIBITION.—No funds appropriated pursuant 

18 to an authorization of appropriations in this Act or other19 wise made available for fiscal year 2009 or any fiscal year 

20 thereafter may be obligated or expended for the acquisi21 tion of the second Airborne Laser aircraft until 60 days 

22 after the report required by this section is submitted. 


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1 SEC. 222. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 PROCUREMENT, CONSTRUCTION, AND DE3 PLOYMENT OF MISSILE DEFENSES IN EU4 ROPE. 

5 (a) GENERAL LIMITATION.—No funds authorized to 

6 be appropriated by this Act or otherwise made available 

7 for the Department of Defense for fiscal year 2009 or any 

8 fiscal year thereafter may be obligated or expended for 

9 procurement, site activation, construction, preparation of 

10 equipment for, or deployment of a long-range missile de11 fense system in Europe until the following conditions have 

12 been met: 

13 (1) The Government of Poland and the Govern14 ment of the Czech Republic have each signed and 

15 ratified the missile defense basing agreements and 

16 status of forces agreements that allow for the sta17 tioning, in their respective countries, of the United 

18 States missile defense assets and personnel needed 

19 to carry out the proposed deployment. 

20 (2) Forty-five days have elapsed following the 

21 receipt by the congressional defense committees of 

22 the report required by section 226(c)(6) of the Na23 tional Defense Authorization Act for Fiscal Year 

24 2008 (Public Law 110–181). 

25 (b) ADDITIONAL LIMITATION.—In addition to the 

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1 propriated by this Act or otherwise made available for the 

2 Department of Defense for fiscal year 2009 may be obli3 gated or expended for the acquisition or deployment of 

4 operational missiles of a long-range missile defense system 

5 in Europe until the Secretary of Defense, after receiving 

6 the views of the Director of Operational Test and Evalua7 tion, submits to the congressional defense committees a 

8 report certifying that the proposed interceptor to be de9 ployed as part of such missile defense system has dem10 onstrated, through successful, operationally realistic flight 

11 testing, a high probability of working in an operationally 

12 effective manner and the ability to accomplish the mission. 

13 (c) CONSTRUCTION.—Nothing in this section shall be 

14 construed to limit continuing obligation and expenditure 

15 of funds for missile defense, including for research and 

16 development and for other activities not otherwise limited 

17 by subsection (a) or (b), including, but not limited to, site 

18 surveys, studies, analysis, and planning and design for the 

19 proposed missile defense deployment in Europe. 

20 Subtitle D—Other Matters 

21 SEC. 231. OVERSIGHT OF TESTING OF PERSONNEL PROTEC22 TIVE EQUIPMENT BY DIRECTOR, OPER23 ATIONAL TEST AND EVALUATION. 

24 (a) RESPONSIBILITIES OF THE DIRECTOR, OPER25 ATIONAL TEST AND EVALUATION, WITH RESPECT TO


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1 PERSONNEL PROTECTIVE EQUIPMENT.—Section 139 of 

2 title 10, United States Code, is amended— 

3 (1) in subsection (a)(2) by adding at the end 

4 the following: 

5 ‘‘(C) The term ‘covered system’ means a 

6 Department of Defense acquisition program 

7 that is a covered system for purposes of section 

8 2366 of this title or that is an item of personnel 

9 protective equipment designated as a covered 

10 system by the Secretary of Defense, or the Sec11 retary’s designee, for purposes of this section.’’; 

12 and 

13 (2) in subsection (b)— 

14 (A) by striking paragraph (3); 

15 (B) by redesignating paragraphs (4) 

16 through (7) as (3) through (6), respectively; 

17 and 

18 (C) by amending paragraph (6) (as so re19 designated) to read as follows: 

20 ‘‘(6) monitor and review the survivability and 

21 lethality testing of covered systems, major munition 

22 programs, and covered product improvement pro23 grams of the Department of Defense provided under 

24 section 2366 of this title.’’. 


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1 (b) INCLUSION OF PERSONNEL PROTECTIVE EQUIP2 MENT IN SURVIVABILITY TESTING REQUIRED BEFORE

3 FULL-SCALE PRODUCTION.—Section 2366 of title 10, 

4 United States Code, is amended— 

5 (1) in subsection (e) by amending paragraph 

6 (1) to read as follows: 

7 ‘‘(1) The term ‘covered system’ means— 

8 ‘‘(A) a vehicle, weapon platform, or con9 ventional weapon system— 

10 ‘‘(i) that includes features designed to 

11 provide some degree of protection to users 

12 in combat; and 

13 ‘‘(ii) that is a major system within the 

14 meaning of that term in section 2302(5) of 

15 this title; or 

16 ‘‘(B) an item of personnel protective equip17 ment designated as a covered system in accord18 ance with section 139(a)(2)(C) of this title.’’; 

19 and 

20 (2) by adding at the end the following: 

21 ‘‘(f) PERSONNEL PROTECTIVE EQUIPMENT.—In the 

22 case of an item of personnel protective equipment des23 ignated as a covered system, if, before a decision to pro24 ceed beyond low rate initial production, a decision is made 

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1 ational use of that equipment or to make procurement 

2 funds available for that equipment— 

3 ‘‘(1) the milestone decision authority (as de4 fined in Department of Defense Directive 5000.1, 

5 dated May 12, 2003) for the associated acquisition 

6 program shall notify the Director of Operational 

7 Test and Evaluation of such a decision, along with 

8 supporting rationale; and 

9 ‘‘(2) the Director of Operational Test and Eval10 uation shall submit to the Secretary of Defense and 

11 the congressional defense committees the report re12 quired by subsection (d) as soon as practicable.’’. 

13 SEC. 232. ASSESSMENT OF THE HISTORICALLY BLACK COL14 LEGES AND UNIVERSITIES AND MINORITY 

15 SERVING INSTITUTIONS PROGRAM. 

16 (a) ASSESSMENT REQUIRED.—The Secretary of De17 fense shall— 

18 (1) carry out an assessment of the capability of 

19 Historically Black Colleges and Universities and Mi20 nority Serving Institutions (HBCU/MI) to partici21 pate in research, development, test, and evaluation 

22 programs for the Department of Defense; and 

23 (2) not later than twelve months after the date 

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1 sional defense committees a report on the assess2 ment. 

3 (b) MATTERS ASSESSED.—The report under sub4 section (a) shall include the following: 

5 (1) Summarized findings and lessons learned 

6 from HBCU/MI programs based on contracts, 

7 grants, or cooperative agreement awards. 

8 (2) An assessment of the relevance, to include 

9 outcomes and impacts, of those programs to the re10 search mission of the Department. 

11 (3) An assessment of the national and regional 

12 conferences held annually to provide technical assist13 ance and information regarding research, develop14 ment, test, and evaluation activities of the Depart15 ment, including the following: 

16 (A) The number of such conferences held 

17 over the last three years, and a description of 

18 each such conference, to include a description of 

19 activities conducted to meet the goals of the 

20 conference. 

21 (B) A follow-up assessment of the success 

22 of such conferences from the perspective both of 

23 the Department and of the attending institu24 tions. 


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1 (C) An assessment as to whether such con2 ferences are appropriately targeted to institu3 tions that have not historically received con4 tracts, grants or cooperative agreements with 

5 the Department. 

6 (4) As directed in Executive Order No. 13256, 

7 a plan documenting the Department’s effort in in8 creasing the capacity of HBCU/MIs to participate in 

9 the research programs of the Department. 

10 (5) Any other matters the Secretary considers 

11 appropriate. 

12 SEC. 233. TECHNOLOGY-NEUTRAL INFORMATION TECH13 NOLOGY GUIDELINES AND STANDARDS TO 

14 SUPPORT FULLY INTEROPERABLE ELEC15 TRONIC PERSONAL HEALTH INFORMATION 

16 FOR THE DEPARTMENT OF DEFENSE AND DE17 PARTMENT OF VETERANS AFFAIRS. 

18 (a) IN GENERAL.—Section 1635 of the National De19 fense Authorization Act for Fiscal Year 2008 (Public Law 

20 110–181; 122 Stat. 460; 10 U.S.C. 1071 note) is amend21 ed— 

22 (1) in subsection (h)(1) by adding at the end 

23 the following: 

24 ‘‘(C) A description and analysis of the level 

25 of interoperability and security of technologies 


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1 for sharing healthcare information among the 

2 Department of Defense, the Department of Vet3 erans Affairs, and their transaction partners. 

4 ‘‘(D) A description and analysis of the 

5 problems the Department of Defense and the 

6 Department of Veterans Affairs are having 

7 with, and the progress such agencies are mak8 ing toward, ensuring interoperable and secure 

9 healthcare information systems and electronic 

10 healthcare records.’’. 

11 (2) by adding at the end the following: 

12 ‘‘(j) TECHNOLOGY-NEUTRAL GUIDELINES AND

13 STANDARDS.— 

14 ‘‘(1) IN GENERAL.—The Director, in consulta15 tion with industry and appropriate Federal agencies, 

16 shall develop, or shall adopt from industry, tech17 nology-neutral information technology infrastructure 

18 guidelines and standards for use by the Department 

19 of Defense and the Department of Veterans Affairs 

20 to enable those agencies to effectively select and uti21 lize information technologies to meet the require22 ments of this section, in a manner that is— 

23 ‘‘(A) interoperable; 

24 ‘‘(B) inclusive of ongoing Federal efforts 

25 that provide technical expertise to harmonize 


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1 existing standards and assist in the develop2 ment of interoperability specifications; and 

3 ‘‘(C) consistent with relevant guidance and 

4 directives for the development of information 

5 technology systems with the Department of De6 fense and the Department of Veterans Affairs. 

7 ‘‘(2) ELEMENTS.—The guidelines and stand8 ards developed or adopted under subsection (a) 

9 shall— 

10 ‘‘(A) promote the use by commercially 

11 available and open source products to incor12 porate those guidelines and standards; 

13 ‘‘(B) develop uniform testing procedures 

14 suitable for determining the conformance of 

15 commercially available and other Federally de16 veloped healthcare information technology prod17 ucts with the guidelines and standards; 

18 ‘‘(C) support and promote the testing of 

19 electronic healthcare information technologies 

20 utilized by the Department of Defense and the 

21 Department of Veterans Affairs; 

22 ‘‘(D) provide protection and security pro23 files; 


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1 ‘‘(E) establish a core set of specifications 

2 in transactions between Federal agencies and 

3 their transaction partners; and 

4 ‘‘(F) include validation criteria to enable 

5 Federal agencies to select healthcare informa6 tion technologies appropriate to their needs. 

7 ‘‘(3) REPORT.—Not later than March 31, 2009, 

8 the Director shall submit to the Secretary of De9 fense and the Secretary of Veterans Affairs, and to 

10 the appropriate congressional committees, a report 

11 identifying the guidelines and standards developed 

12 or adopted under this subsection. The report shall 

13 include— 

14 ‘‘(A) a description of how the Office is 

15 working with the Business Transformation 

16 Agency to integrate these standards into the 

17 Enterprise Transition Plan for the Department 

18 of Defense; and 

19 ‘‘(B) a synchronization roadmap showing 

20 the timeline for the deployment of applicable ex21 isting and planned healthcare information tech22 nology systems and how they will implement 

23 these standards.’’. 

24 (b) COMPLIANCE WITH REQUIREMENTS.—The 

25 amendments made by subsection (a) shall not impede the 


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1 Secretary of Defense, the Secretary of Veterans Affairs, 

2 and the interagency program office from ensuring that the 

3 requirements of subsection (d) of section 1635 of that Act, 

4 including the date specified in that subsection, are met. 

5 SEC. 234. REPEAL OF REQUIREMENT FOR TECHNOLOGY 

6 TRANSITION INITIATIVE. 

7 (a) ASSESSMENT REQUIRED.— 

8 (1) IN GENERAL.—Not later than March 31, 

9 2009, the Under Secretary of Defense for Acquisi10 tion, Technology, and Logistics shall assess the fea11 sibility of consolidating various technology transition 

12 accounts into a unified effort managed by a senior 

13 official of the Department of Defense. 

14 (2) OSD PROGRAMS INCLUDED.—Such assess15 ment shall include, but shall not be limited to, the 

16 following programs within the Office of the Sec17 retary of Defense: Technology Transition Initiative, 

18 Foreign Comparative Test, Defense Acquisition 

19 Challenge Program, Quick Reaction Fund, Manufac20 turing Technology, Joint Capability Technology 

21 Demonstrations, Defense Technology Link, Joint 

22 Capability Technology Demonstration Transition 

23 Program, Defense Acquisition Executive, Rapid Re24 action Fund, and Operational Experimentation Divi25 sion. 


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1 (3) MILITARY DEPARTMENT PROGRAMS IN2 CLUDED.—Such assessment shall also include, as 

3 appropriate, the technology transition initiatives of 

4 the military departments. 

5 (b) INITIATIVE REQUIREMENT REPEALED.— 

6 (1) IN GENERAL.—Section 2359a of title 10, 

7 United States Code, is amended— 

8 (A) by amending the section heading to 

9 read as follows: 

10 ‘‘§ 2359a. Technology Transition Council’’; 

11 (B) by striking subsections (a), (b), (c), 

12 (d), (e), (f), and (h); and 

13 (C) by redesignating subsections (g) and 

14 (i) as (a) and (b), respectively. 

15 (2) CONFORMING AMENDMENT.—The table of 

16 sections at the beginning of chapter 139 of title 10, 

17 United States Code, is amended by striking the item 

18 relating to section 2359a and inserting the following 

19 new item: 

‘‘2359a. Technology Transition Council.’’. 

20 SEC. 235. TRUSTED DEFENSE SYSTEMS. 

21 (a) ASSESSMENT REQUIRED.—The Secretary of De22 fense shall conduct a comprehensive assessment of covered 

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1 tems that potentially compromise the level of trust in such 

2 systems. Such assessment shall also— 

3 (1) assess vulnerabilities at multiple levels of 

4 the information processing system, including but not 

5 limited to, microcircuits, software, and firmware; 

6 (2) prioritize the potential vulnerabilities and 

7 impacts of the various elements and stages of the 

8 system supply chain to identify the most effective 

9 balance of investments to minimize the effects of 

10 compromise; 

11 (3) provide recommendations regarding ways to 

12 improve trust in the supply chain for covered acqui13 sition programs; and 

14 (4) identify the appropriate lead, and sup15 porting elements, within the Department of Defense 

16 for the development of an integrated strategy for en17 suring trust in the supply chain for acquisition pro18 grams. 

19 (b) STRATEGY REQUIRED.—The lead identified pur20 suant to subsection (a)(4), in cooperation with the sup21 porting elements also identified by the Secretary of De22 fense, shall develop an integrated strategy for ensuring 

23 trust in the supply chain for acquisition programs. Such 

24 strategy shall— 


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1 (1) address the vulnerabilities identified by the 

2 Secretary’s assessment under subsection (a); 

3 (2) reflect the priorities identified by such as4 sessment; 

5 (3) be executable by the defense acquisition 

6 community; and 

7 (4) be sufficiently specific to provide guidance 

8 for the planning, programming, budgeting, and exe9 cution process in order to ensure acquisition pro10 grams have the necessary resources to implement all 

11 appropriate elements of the strategy. 

12 (c) INTERIM POLICY FOR APPLICATION SPECIFIC IN13 TEGRATED CIRCUITS.—Not later than 180 days after the 

14 date of the enactment of this Act, the Secretary of Defense 

15 shall issue a policy requiring covered trusted systems to 

16 employ only trusted foundry services to fabricate their cus17 tom designed integrated circuits. 

18 (d) SUBMISSION TO CONGRESS.—Not later than 12 

19 months after the date of the enactment of this Act, the 

20 Secretary of Defense shall submit to the congressional de21 fense committees— 

22 (1) the assessment required by subsection (a); 

23 and 

24 (2) the strategy required by subsection (b). 

25 (e) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘covered acquisition programs’’ 

2 means a Department of Defense acquisition program 

3 that is a major system for purposes of section 

4 2302(5) of title 10, United States Code, and— 

5 (A) has not yet entered low-rate initial pro6 duction, as defined in section 2400 of title 10, 

7 United States Code; or 

8 (B) is currently in production or no longer 

9 in production, and information processing sys10 tem upgrades are still planned over the life 

11 cycle of the system. 

12 (2) The terms ‘‘trust’’ and ‘‘trusted’’ refer to 

13 the high confidence by the Department of Defense 

14 in the national ability to secure national security 

15 systems by assessing the integrity of the people and 

16 processes used to design, generate, manufacture, 

17 and distribute national security critical components. 

18 (3) The term ‘‘covered trusted systems’’ 

19 means— 

20 (A) all Mission Assurance Category I sys21 tems, as defined in Department of Defense Di22 rective 8500.01E and associated Department of 

23 Defense Instruction 8500.2; and 

24 (B) any other system identified by the Sec25 retary of Defense as a system— 


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1 (i) that is vital to mission effective2 ness or operational readiness of deployed 

3 or contingency forces; 

4 (ii) the loss or degradation of which 

5 results in immediate and sustained loss of 

6 mission effectiveness; 

7 (iii) that is highly accurate and highly 

8 available; and 

9 (iv) for which the most stringent pro10 tection measures are required. 

11 (4) The term ‘‘trusted foundry services’’ means 

12 the program co-funded by the National Security 

13 Agency and the Department of Defense, through 

14 program element 0605140D8Z, or any such similar 

15 program approved by the Secretary of Defense. 

16 SEC. 236. LIMITATION ON OBLIGATION OF FUNDS FOR EN17 HANCED AN/TPQ–36 RADAR SYSTEM PENDING 

18 SUBMISSION OF REPORT. 

19 Of the amounts appropriated pursuant to section 

20 201(1) of this Act or otherwise made available for fiscal 

21 year 2009 for research, development, test, and evaluation, 

22 Army, for the Enhanced AN/TPQ–36 radar system, not 

23 more than 70 percent of the amounts remaining unobli24 gated as of the date of the enactment of this Act may 

25 be obligated until the Secretary of the Army submits to 


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1 the congressional defense committees a report describing 

2 the plan to transition the Counter-Rockets, Artillery, and 

3 Mortars program to a program of record. 

4 SEC. 237. CAPABILITIES-BASED ASSESSMENT TO OUTLINE A 

5 JOINT APPROACH FOR FUTURE DEVELOP6 MENT OF VERTICAL LIFT AIRCRAFT AND 

7 ROTORCRAFT. 

8 (a) ASSESSMENT REQUIRED.—The Secretary of De9 fense and the Chairman of the Joint Chiefs of Staff shall 

10 carry out a capabilities-based assessment that outlines a 

11 joint approach to the future development of vertical lift 

12 aircraft and rotorcraft for all of the military services. The 

13 assessment shall— 

14 (1) address critical technologies required for fu15 ture development, including a technology roadmap; 

16 (2) include the development of a strategic plan 

17 that— 

18 (A) formalizes the Department of De19 fense’s strategic vision for the next generation 

20 of Department of Defense vertical lift aircraft 

21 and rotorcraft; 

22 (B) establishes joint requirements for the 

23 next generation of Department of Defense 

24 vertical lift aircraft and rotorcraft technology; 

25 and 


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1 (C) emphasizes the development of com2 mon service requirements; and 

3 (3) include the development of a detailed 

4 science and technology investment and implementa5 tion plan and an identification of the resources re6 quired to implement it. 

7 (b) REPORT.—The Secretary and the Chairman shall 

8 submit to the congressional defense committees a report 

9 on the assessment under subsection (a). The report shall 

10 include— 

11 (1) the technology roadmap referred to in sub12 section (a)(1); 

13 (2) the strategic plan referred to in subsection 

14 (a)(2); 

15 (3) the plan and the identification of resources 

16 referred to in subsection (a)(3); and 

17 (4) a detailed plan to establish a Joint Vertical 

18 Lift Aircraft/Rotorcraft Office based on lessons 

19 learned from the Joint Advanced Strike Technology 

20 (JAST) Office. 

21 SEC. 238. AVAILABILITY OF FUNDS FOR PROMPT GLOBAL 

22 STRIKE CAPABILITY DEVELOPMENT. 

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of this Act, funds for conventional prompt global 

25 strike capability development are authorized by this Act 


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1 only for those activities expressly delineated in the expend2 iture plan for fiscal years 2008 and 2009 that was re3 quired by section 243 of the National Defense Authoriza4 tion Act for Fiscal Year 2008 (Public Law 110–181; 122 

5 Stat. 51; 10 U.S.C. 113 note) and submitted to the con6 gressional defense committees and dated March 24, 2008, 

7 or those activities otherwise expressly authorized by Con8 gress. 

9 (b) REPORT.—The Secretary of Defense shall submit 

10 to the congressional defense committees, concurrently with 

11 the President’s budget request for fiscal year 2010, a re12 port that describes each conventional prompt global strike 

13 concept that— 

14 (1) has been, or will be, affected by the tech15 nology applications developed pursuant to conven16 tional prompt global strike activities within fiscal 

17 year 2009; and 

18 (2) will be considered within the context of any 

19 conventional prompt global strike concept decision in 

20 fiscal year 2010. 

21 SEC. 239. VISITING NIH SENIOR NEUROSCIENCE FELLOW22 SHIP PROGRAM. 

23 (a) REQUIREMENT TO ESTABLISH.—The Secretary 

24 of Defense may establish a program to be known as the 

25 Visiting NIH Senior Neuroscience Fellowship Program (in 


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1 this section referred to as the ‘‘Program’’) at the Defense 

2 Advanced Research Projects Agency (DARPA) and the 

3 Defense Center of Excellence for Psychological Health and 

4 Traumatic Brain Injury (DCoE). 

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

6 may— 

7 (1) provide a partnership between the National 

8 Institutes of Health (NIH) and DARPA that will 

9 enable identification and funding of the broadest 

10 range of innovative, highest quality clinical and ex11 perimental neuroscience studies for the benefit of 

12 men and women in the Armed Forces; 

13 (2) provide a partnership between the NIH and 

14 the DCoE that will enable identification and funding 

15 of clinical and experimental neuroscience studies for 

16 the benefit of men and women in the Armed Forces; 

17 (3) provide a technology transfer mechanism 

18 whereby the results of such studies can, where ap19 propriate, be used to enhance the health mission of 

20 the NIH for the benefit of the public; and 

21 (4) provide a military/civilian collaborative envi22 ronment for neuroscience-based medical problem23 solving in critical areas impacting both military and 

24 civilian life, particularly post-traumatic stress dis25 order. 


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1 TITLE III—OPERATION AND 

2 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. Detection instrument technology research and deployment of resulting 

detection instruments and technological improvements. 

Sec. 315. Closed Loop Recycling for Motor Vehicle Lubricating Oil. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Time limitation on duration of public-private competitions. 

Sec. 322. Comprehensive analysis and development of single Government-wide 

definition of inherently governmental function. 

Sec. 323. Study on future depot capability. 

Sec. 324. High-performing organization business process reengineering. 

Sec. 325. Temporary suspension of studies and public-private competitions regarding conversion of functions of the Department of Defense 

performed by civilian employees to contractor performance. 

Sec. 326. Consolidation of Air Force and Air National Guard aircraft maintenance. 

Sec. 327. Guidance for performance of civilian personnel work under Air Force 

civilian personnel consolidation plan. 

Sec. 328. Report on reduction in number of firefighters on Air Force bases. 

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 energy for use at forward operating locations. 

Sec. 334. Study on coal-to-liquid fuels. 

Sec. 335. Exception to alternative fuel procurement requirement. 

Sec. 336. Study of Consideration of Greenhouse Gas Emissions in Acquisition 

Processes. 

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. 


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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. 

Sec. 346. Report on options for providing repair capabilities to support ships 

operating near Guam. 

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. Sense of Congress that Air Sovereignty Alert Mission should receive 

sufficient funding and resources. 

Sec. 356. Revision of certain Air Force regulations required. 

Sec. 357. Transfer of C–12 aircraft to California Department of Forestry and 

Fire Protection. 

Sec. 358. Availability of funds for Irregular Warfare Support program. 

Sec. 359. Sense of Congress regarding procurement and use of munitions. 

Sec. 360. Limitation on obligation of funds for Air Combat Command Management Headquarters. 

Sec. 361. Increase of domestic sourcing of military working dogs used by the 

Department of Defense. 

Sec. 362. Funding for programs relating to dental readiness for the Army Reserve. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2009 for the use of the Armed Forces and other 

6 activities and agencies of the Department of Defense for 

7 expenses, not otherwise provided for, for operation and 

8 maintenance, in amounts as follows: 

9 (1) For the Army, $31,788,395,000. 

10 (2) For the Navy, $34,870,098,000. 

11 (3) For the Marine Corps, $5,680,054,000. 


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1 (4) For the Air Force, $35,060,427,000. 

2 (5) For Defense-wide activities, 

3 $25,806,657,000. 

4 (6) For the Army Reserve, $2,659,141,000. 

5 (7) For the Naval Reserve, $1,311,085,000. 

6 (8) For the Marine Corps Reserve, 

7 $213,131,000. 

8 (9) For the Air Force Reserve, $3,202,892,000. 

9 (10) For the Army National Guard, 

10 $5,900,346,000. 

11 (11) For the Air National Guard, 

12 $5,929,576,000. 

13 (12) For the United States Court of Appeals 

14 for the Armed Forces, $13,254,000. 

15 (13) For Environmental Restoration, Army, 

16 $447,776,000. 

17 (14) For Environmental Restoration, Navy, 

18 $290,819,000. 

19 (15) For Environmental Restoration, Air Force, 

20 $496,277,000. 

21 (16) For Environmental Restoration, Defense22 wide, $13,175,000. 

23 (17) For Environmental Restoration, Formerly 

24 Used Defense Sites, $257,796,000. 


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1 (18) For Overseas Humanitarian, Disaster, and 

2 Civic Aid programs, $83,273,000. 

3 (19) For Cooperative Threat Reduction pro4 grams, $445,135,000. 

5 (20) For the Overseas Contingency Operations 

6 Transfer Fund, $9,101,000. 

7 Subtitle B—Environmental 

8 Provisions 

9 SEC. 311. AUTHORIZATION FOR DEPARTMENT OF DEFENSE 

10 PARTICIPATION IN CONSERVATION BANKING 

11 PROGRAMS. 

12 (a) PARTICIPATION AUTHORIZED.—Chapter 159 of 

13 title 10, United States Code, is amended by inserting after 

14 section 2694b the following new section: 

15 ‘‘§ 2694c. Participation in conservation banking pro16 grams 

17 ‘‘(a) AUTHORITY TO PARTICIPATE.—Subject to the 

18 availability of appropriated funds to carry out this section, 

19 the Secretary concerned, when engaged or proposing to 

20 engage in an activity described in subsection (b) that may 

21 or will result in an adverse impact to one or more species 

22 protected (or pending protection) under any applicable 

23 provision of law, or habitat for such species, may make 

24 payments to a conservation banking program or ‘in-lieu25 fee’ mitigation sponsor approved in accordance with— 


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1 ‘‘(1) the Federal Guidance for the Establish2 ment, Use and Operation of Mitigation Banks (60 

3 Fed. Reg. 58605; November 28, 1995); 

4 ‘‘(2) the Guidance for the Establishment, Use, 

5 and Operation of Conservation Banks (68 Fed. Reg. 

6 24753; May 2, 2003); 

7 ‘‘(3) the Federal Guidance on the Use of In8 Lieu-Fee Arrangements for Compensatory Mitiga9 tion Under Section 404 of the Clean Water Act and 

10 Section 10 of the Rivers and Harbors Act (65 Fed. 

11 Reg. 66915; November 7, 2000); or 

12 ‘‘(4) any successor or related administrative 

13 guidance or regulation. 

14 ‘‘(b) COVERED ACTIVITIES.—Payments to a con15 servation banking program or ‘in-lieu-fee’ mitigation spon16 sor under subsection (a) may be made only for the purpose 

17 of facilitating one or more of the following activities: 

18 ‘‘(1) Military testing, operations, training, or 

19 other military activity. 

20 ‘‘(2) Military construction. 

21 ‘‘(c) TREATMENT OF AMOUNTS FOR CONSERVATION

22 BANKING.—Payments made under subsection (a) to a 

23 conservation banking program or ‘in-lieu-fee’ mitigation 

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1 tion may be treated as eligible costs of the military con2 struction project. 

3 ‘‘(d) SECRETARY CONCERNED DEFINED.—In this 

4 section, the term ‘Secretary concerned’ means— 

5 ‘‘(1) the Secretary of a military department; 

6 and 

7 ‘‘(2) the Secretary of Defense with respect to a 

8 Defense Agency.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by inserting 

11 after the item relating to section 2694b the following new 

12 item: 

‘‘2694c. Participation in conservation banking programs.’’. 

13 (c) EFFECTIVE DATE.—Section 2694c of title 10, 

14 United States Code, as added by subsection (a), shall take 

15 effect on October 1, 2008, and only funds appropriated 

16 for fiscal years beginning after September 30, 2008, may 

17 be used to carry out such section. 

18 SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTEC19 TION AGENCY FOR CERTAIN COSTS IN CON20 NECTION WITH MOSES LAKE WELLFIELD 

21 SUPERFUND SITE, MOSES LAKE, WASH22 INGTON. 

23 (a) AUTHORITY TO REIMBURSE.— 

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1 tion 2215 of title 10, United States Code, the Sec2 retary of Defense may transfer not more than 

3 $64,049.40 during fiscal year 2009 to the Moses 

4 Lake Wellfield Superfund Site 10–6J Special Ac5 count. 

6 (2) PURPOSE OF REIMBURSEMENT.—The pay7 ment under paragraph (1) is to reimburse the Envi8 ronmental Protection Agency for its costs incurred 

9 in overseeing a remedial investigation/feasibility 

10 study performed by the Department of the Army 

11 under the Defense Environmental Restoration Pro12 gram at the former Larson Air Force Base, Moses 

13 Lake Superfund Site, Moses Lake, Washington. 

14 (3) INTERAGENCY AGREEMENT.—The reim15 bursement described in paragraph (2) is provided for 

16 in the interagency agreement entered into by the 

17 Department of the Army and the Environmental 

18 Protection Agency for the Moses Lake Wellfield 

19 Superfund Site in March 1999. 

20 (b) SOURCE OF FUNDS.—Any payment under sub21 section (a) shall be made using funds authorized to be ap22 propriated by section 301(17) for operation and mainte23 nance for Environmental Restoration, Formerly Used De24 fense Sites. 


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1 (c) USE OF FUNDS.—The Environmental Protection 

2 Agency shall use the amount transferred under subsection 

3 (a) to pay costs incurred by the Agency at the Moses Lake 

4 Wellfield Superfund Site. 

5 SEC. 313. EXPAND COOPERATIVE AGREEMENT AUTHORITY 

6 FOR MANAGEMENT OF NATURAL RESOURCES 

7 TO INCLUDE OFF-INSTALLATION MITIGA8 TION. 

9 Section 103a(a) of the Sikes Act (16 U.S.C. 670c– 

10 1(a)) is amended— 

11 (1) by striking ‘‘to provide for the’’ and insert12 ing ‘‘to provide for the following: 

13 ‘‘(1) The’’; and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) The maintenance and improvement of nat17 ural resources located off of a Department of De18 fense installation if the purpose of the cooperative 

19 agreement is to relieve or eliminate current or antici20 pated challenges that could restrict, impede, or oth21 erwise interfere with, whether directly or indirectly, 

22 current or anticipated military activities.’’. 


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1 SEC. 314. DETECTION INSTRUMENT TECHNOLOGY RE2 SEARCH AND DEPLOYMENT OF RESULTING 

3 DETECTION INSTRUMENTS AND TECHNO4 LOGICAL IMPROVEMENTS. 

5 (a) RESEARCH REQUIRED.—The Secretary of De6 fense shall— 

7 (1) make the research, development, testing, 

8 and evaluation of technology related to unexploded 

9 ordnance detection a priority; and 

10 (2) accelerate the transition of promising detec11 tion instrument technology across the Department of 

12 Defense. 

13 (b) DEPLOYMENT AND TRAINING.—The Secretary 

14 shall facilitate the deployment of unexploded ordnance de15 tection instrument technology developed through research 

16 funded by the Department of Defense or developed by en17 tities other than the Department of Defense. The Sec18 retary may consider allocating a portion of the amount 

19 appropriated for such research and development activities 

20 to assist in the training of operators of unexploded ord21 nance detection instruments on the use of new detection 

22 instruments. 

23 (c) REPORT.—Not later than February 1, 2009, the 

24 Secretary shall submit to the Committee on Armed Serv25 ices of the Senate and the Committee on Armed Services 


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1 of the House of Representatives a report describing and 

2 evaluating the following: 

3 (1) The amounts allocated for research, devel4 opment, test, and evaluation for unexploded ord5 nance detection technologies. 

6 (2) The amounts allocated for transition of new 

7 unexploded ordnance technologies. 

8 (3) Activities undertaken by the Department to 

9 transition such technologies and train operators on 

10 emerging detection instrument technologies. 

11 (4) Any impediments to the transition of new 

12 unexploded ordnance detection instrument tech13 nologies to regular operation in remediation pro14 grams. 

15 (5) The transfer of such technologies to private 

16 companies involved in the detection of unexploded 

17 ordnance. 

18 (6) Activities undertaken by the Department to 

19 raise public awareness regarding unexploded ord20 nance. 

21 (d) UNEXPLODED ORDNANCE DEFINED.—In this 

22 section, the term ‘‘unexploded ordnance’’ has the meaning 

23 given such term in section 101(e)(5) of title 10, United 

24 States Code. 


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1 SEC. 315. CLOSED LOOP RECYCLING FOR MOTOR VEHICLE 

2 LUBRICATING OIL. 

3 (a) STUDY AND EVALUATION.—Not later than 90 

4 days after the date of the enactment of this Act, the Sec5 retary of Defense shall submit to Congress a report which 

6 reviews the Department of Defense’s policies concerning 

7 the sale and disposal of used motor vehicle lubricating oil, 

8 and shall include in the report an evaluation of the feasi9 bility and desirability of implementing policies to require 

10 closed loop recycling of used oil as a means of reducing 

11 total indirect energy usage and greenhouse gas emissions. 

12 (b) IMPLEMENTATION.—To the extent that the eval13 uation included in the report submitted under subsection 

14 (a) indicates that closed loop recycling of used motor vehi15 cle lubricating oil can reduce total indirect energy usage 

16 and greenhouse gas emissions without significant increase 

17 in overall cost to the Department of Defense, the Sec18 retary shall implement policies to require closed loop recy19 cling of used oil whenever feasible. 

20 (c) DEFINITION.—For purposes of this section, the 

21 term ‘‘closed loop recycling’’ means the sale of used oil 

22 to entities that re-refine used oil into base oil and vehicle 

23 lubricants that meet Department of Defense and industry 

24 standards, and the purchase of re-refined oil produced 

25 through such re-refining process. 


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1 Subtitle C—Workplace and Depot 

2 Issues 

3 SEC. 321. TIME LIMITATION ON DURATION OF PUBLIC-PRI4 VATE COMPETITIONS. 

5 (a) TIME LIMITATION.—Section 2461(a) of title 10, 

6 United States Code, is amended by adding at the end the 

7 following new paragraph: 

8 ‘‘(5)(A) The duration of a public-private competition 

9 conducted pursuant to Office of Management and Budget 

10 Circular A–76 or any other provision of law for any func11 tion of the Department of Defense performed by Depart12 ment of Defense civilian employees may not exceed a pe13 riod of 540 days, commencing on the date on which the 

14 preliminary planning for the public-private competition be15 gins through the date on which a performance decision 

16 is rendered with respect to the function. 

17 ‘‘(B) The time period specified in subparagraph (A) 

18 for a public-private competition does not include any day 

19 during which the public-private competition is delayed by 

20 reason of a protest before the Government Accountability 

21 Office or the United States Court of Federal Claims un22 less the Secretary of Defense determines that the delay 

23 is caused by issues being raised during the appellate proc24 ess that were not previously raised during the competi25 tion.’’. 


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1 (b) EFFECTIVE DATE.—Paragraph (5) of section 

2 2461(a) of title 10, United States Code, as added by sub3 section (a), shall apply with respect to a public-private 

4 competition covered by such section that is being con5 ducted on or after the date of the enactment of this Act. 

6 SEC. 322. COMPREHENSIVE ANALYSIS AND DEVELOPMENT 

7 OF SINGLE GOVERNMENT-WIDE DEFINITION 

8 OF INHERENTLY GOVERNMENTAL FUNCTION. 

9 (a) DEVELOPMENT AND IMPLEMENTATION OF DEFI10 NITION OF INHERENTLY GOVERNMENTAL FUNCTION.— 

11 The Director of the Office of Management and Budget, 

12 in consultation with appropriate representatives of the 

13 Chief Acquisition Officers Council under section 16A of 

14 the Office of Federal Procurement Policy Act (41 U.S.C. 

15 414b) and the Chief Human Capital Council under section 

16 1401 of title 5, United States Code, shall— 

17 (1) review the definitions of the term ‘‘inher18 ently governmental function’’ described in subsection 

19 (b) to determine whether such definitions are suffi20 ciently focused to ensure that only officers or em21 ployees of the Federal Government or members of 

22 the Armed Forces perform inherently governmental 

23 functions or other critical functions necessary for the 

24 mission of a Federal department or agency; 


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1 (2) develop a single consistent definition for 

2 such term that would— 

3 (A) address any deficiencies in the existing 

4 definitions, as determined pursuant to para5 graph (1); 

6 (B) reasonably apply to all Federal depart7 ments and agencies; 

8 (C) ensure that the head of each such de9 partment or agency is able to identify each po10 sition within that department or agency that 

11 exercises an inherently governmental function 

12 and should only be performed by officers or em13 ployees of the Federal Government or members 

14 of the Armed Forces; and 

15 (D) allow the head of each such depart16 ment or agency to identify each position within 

17 that department or agency that, while the posi18 tion may not exercise an inherently govern19 mental function, nevertheless should only be 

20 performed by officers or employees of the Fed21 eral Government or members of the Armed 

22 Forces; 

23 (3) in addition to the actions described under 

24 paragraphs (1) and (2), provide criteria that would 

25 identify positions within Federal departments and 


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1 agencies that are to be performed by officers or em2 ployees of the Federal Government or members of 

3 the Armed Forces to ensure that the head of each 

4 Federal department or agency— 

5 (A) develops and maintains sufficient or6 ganic expertise and technical capability; 

7 (B) develops guidance to implement the 

8 definition of inherently governmental as de9 scribed in paragraph (2) in a manner that is 

10 consistent with agency missions and operational 

11 goals; and 

12 (C) develops guidance to manage internal 

13 decisions regarding staffing in an integrated 

14 manner to ensure officers or employees of the 

15 Federal Government or members of the Armed 

16 Forces are filling critical management roles by 

17 identifying— 

18 (i) functions, activities, or positions, 

19 or some combination thereof, or 

20 (ii) additional mechanisms; 

21 (4) in undertaking the actions described in 

22 paragraphs (1) and (2), take into account the final 

23 recommendations and related findings concerning 

24 performance of inherently governmental functions in 

25 the Final Report of the Acquisition Advisory Panel 


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1 established pursuant to section 1423 of the Services 

2 Acquisition Reform Act of 2003 (title XIV of Public 

3 Law 108–136; 41 U.S.C. 405 note) and any other 

4 relevant reports or documents; and 

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

6 matters identified in this section. 

7 (b) DEFINITIONS OF INHERENTLY GOVERNMENTAL

8 FUNCTION.—The definitions of inherently governmental 

9 function described in this subsection are the definitions 

10 of such term that are contained in— 

11 (1) the Federal Activities Inventory Reform Act 

12 of 1998 (Public Law 105–270; 31 U.S.C. 501 note); 

13 (2) section 2383 of title 10, United States 

14 Code; 

15 (3) Office of Management and Budget Circular 

16 A–76; 

17 (4) the Federal Acquisition Regulation; and 

18 (5) any other relevant Federal law or regula19 tion, as determined by the Director of the Office of 

20 Management and Budget in consultation with the 

21 Chief Acquisition Officers Council and the Chief 

22 Human Capital Council. 

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

24 after the date of the enactment of this Act, the Director 

25 of the Office of Management and Budget, in consultation 


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1 with the Chief Acquisition Officers Council and the Chief 

2 Human Capital Council, shall submit to the Committees 

3 on Armed Services of the Senate and House of Represent4 atives, the Committee on Homeland Security and Govern5 mental Affairs in the Senate, and the Committee on Over6 sight and Government Reform of the House of Represent7 atives a report on the actions taken by the Director under 

8 this section. Such report shall contain each of the fol9 lowing: 

10 (1) A description of the actions taken by the 

11 Director under this section to develop a single defini12 tion of inherently governmental function. 

13 (2) Such legislative recommendations as the Di14 rector determines are necessary to further the pur15 poses of this section. 

16 (3) A description of such steps as may be nec17 essary— 

18 (A) to ensure that the single definition de19 veloped under this section is consistently ap20 plied through all Federal regulations, circulars, 

21 policy letters, agency guidance, and other docu22 ments; 

23 (B) to repeal any existing Federal regula24 tions, circular, policy letters, agency guidance 

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1 seded by the definition developed under this 

2 section; and 

3 (C) to develop any necessary implementing 

4 guidance under this section for agency staffing 

5 and contracting decisions, along with appro6 priate milestones. 

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

8 submission of the report required by subsection (c), the 

9 Director of the Office of Management and Budget shall 

10 issue regulations to implement actions taken under this 

11 section to develop a single definition of inherently govern12 mental function. 

13 SEC. 323. STUDY ON FUTURE DEPOT CAPABILITY. 

14 (a) STUDY REQUIRED.—Not later than 30 days after 

15 the date of the enactment of this Act, the Secretary of 

16 Defense shall enter into a contract with an independent 

17 research entity that is a not-for-profit entity or a federally18 funded research and development center with appropriate 

19 expertise in logistics and logistics analytical capability to 

20 carry out a study on the capability and efficiency of the 

21 depots of the Department of Defense to provide the logis22 tics capabilities and capacity necessary for national de23 fense. 

24 (b) CONTENTS OF STUDY.—The study carried out 

25 under subsection (a) shall— 


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

2 Department of Defense depot capability required to 

3 provide life cycle sustainment of military legacy sys4 tems and new systems and military equipment; 

5 (2) take into consideration direct input from 

6 the Secretary of Defense and the logistics and acqui7 sition leadership of the military departments, includ8 ing materiel support and depot commanders; 

9 (3) take into consideration input from regular 

10 and reserve components of the Armed Forces, both 

11 with respect to requirements for sustainment-level 

12 maintenance and the capability and capacity to per13 form depot-level maintenance and repair; 

14 (4) identify and address each type of activity 

15 carried out at depots, installation directorates of lo16 gistics, regional sustainment-level maintenance sites, 

17 reserve component maintenance capability sites, the18 ater equipment support centers, and Army field sup19 port brigade capabilities; 

20 (5) examine relevant guidance provided and 

21 regulations prescribed by the Secretary of Defense 

22 and the Secretary of each of the military depart23 ments, including with respect to programming and 

24 budgeting; and 


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1 (6) examine any relevant applicable laws, in2 cluding the relevant body of work performed by the 

3 Government Accountability Office. 

4 (c) ISSUES TO BE ADDRESSED.—The study required 

5 under subsection (a) shall address each of the following 

6 issues with respect to depots and depot capabilities: 

7 (1) The life cycle sustainment maintenance 

8 strategies and implementation plans of the Depart9 ment of Defense and the military departments that 

10 cover— 

11 (A) the role of each type of maintenance 

12 activity; 

13 (B) business operations; 

14 (C) workload projection; 

15 (D) outcome-based performance manage16 ment objectives; 

17 (E) the adequacy of information tech18 nology systems, including workload manage19 ment systems; 

20 (F) the workforce, including skills required 

21 and development; 

22 (G) budget and fiscal planning policies; 

23 and 


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1 (H) capital investment strategies, including 

2 the implementation of section 2476 of title 10, 

3 United States Code. 

4 (2) Current and future maintenance environ5 ments, including— 

6 (A) performance-based logistics; 

7 (B) supply chain management; 

8 (C) condition-based maintenance; 

9 (D) reliability-based maintenance; 

10 (E) consolidation and centralization, in11 cluding— 

12 (i) regionalization; 

13 (ii) two-level maintenance; and 

14 (iii) forward-based depot capacity; 

15 (F) public-private partnerships; 

16 (G) private-sector depot capability and ca17 pacity; and 

18 (H) the impact of proprietary technical 

19 documentation. 

20 (d) AVAILABILITY OF INFORMATION.—The Secretary 

21 of Defense and the Secretaries of each of the military de22 partments shall make available to the entity carrying out 

23 the study under subsection (a) all necessary and relevant 

24 information to allow the entity to conduct the study in 

25 a quantitative and analytical manner. 


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1 (e) REPORTS TO COMMITTEES ON ARMED SERV2 ICES.— 

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

4 Secretary enters into under subsection (a) shall pro5 vide that not later than one year after the com6 mencement of the study conducted under this sec7 tion, the chief executive officer of the entity that 

8 carries out the study pursuant to the contract shall 

9 submit to the Committees on Armed Services of the 

10 Senate and House of Representatives an interim re11 port on the study. 

12 (2) FINAL REPORT.—Such contract shall pro13 vide that not later than 22 months after the date on 

14 which the Secretary of Defense enters into the con15 tract under subsection (a), the chief executive officer 

16 of the entity that carries out the study pursuant to 

17 the contract shall submit to the Committees on 

18 Armed Services of the Senate and House of Rep19 resentatives a final report on the study. The report 

20 shall include each of the following: 

21 (A) A description of the depot maintenance 

22 environment, as of the date of the conclusion of 

23 the study, and the anticipated future environ24 ment, together with the quantitative data used 


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1 in conducting the assessment of such environ2 ments under the study. 

3 (B) Recommendations with respect to what 

4 would be required to maintain, in a post-reset 

5 environment, an efficient and enduring Depart6 ment of Defense depot capability necessary for 

7 national defense. 

8 (C) Recommendations with respect to any 

9 changes to any applicable law that would be ap10 propriate for a post-reset depot maintenance 

11 environment. 

12 (D) Recommendations with respect to the 

13 methodology of the Department of Defense for 

14 determining core logistics requirements, includ15 ing an assessment of risk. 

16 (E) Proposed business rules that would 

17 provide incentives for the Secretary of Defense 

18 and the Secretaries of the military departments 

19 to keep Department of Defense depots efficient 

20 and cost effective, including the workload level 

21 required for efficiency. 

22 (F) A proposed strategy for enabling, re23 quiring, and monitoring the ability of the De24 partment of Defense depots to produce per25 formance-driven outcomes and meet materiel 


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1 readiness goals with respect to availability, reli2 ability, total ownership cost, and repair cycle 

3 time. 

4 (G) Comments provided by the Secretary 

5 of Defense and the Secretaries of the military 

6 departments on the findings and recommenda7 tions of the study. 

8 (f) COMPTROLLER GENERAL REVIEW.—Not later 

9 than 90 days after the date on which the report under 

10 subsection (d) is submitted, the Comptroller General shall 

11 review the report and submit to the Committees on Armed 

12 Services of the Senate and House of Representatives an 

13 assessment of the feasibility of the recommendations and 

14 whether the findings are supported by the data and infor15 mation examined. 

16 (g) DEFINITIONS.—In this section: 

17 (1) The term ‘‘depot-level maintenance and re18 pair’’ has the meaning given that term under section 

19 2460 of title 10, United States Code. 

20 (2) The term ‘‘reset’’ means actions taken to 

21 repair, enhance, or replace military equipment used 

22 in support of operations underway as of the date of 

23 the enactment of this Act and associated 

24 sustainment. 


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1 (3) The term ‘‘military equipment’’ includes all 

2 weapon systems, weapon platforms, vehicles and mu3 nitions of the Department of Defense, and the com4 ponents of such items. 

5 SEC. 324. HIGH-PERFORMING ORGANIZATION BUSINESS 

6 PROCESS REENGINEERING. 

7 (a) IN GENERAL.—Chapter 3 of title 10, United 

8 States Code, is amended by inserting after section 129c 

9 the following new section: 

10 ‘‘§ 129d. High-performing organizations 

11 ‘‘(a) GUIDELINES FOR ESTABLISHMENT OF HIGH12 PERFORMING ORGANIZATIONS.—The Secretary of De13 fense shall develop guidelines for the establishment of a 

14 high-performing organization conducted through a busi15 ness process reengineering initiative. The guidelines shall 

16 ensure consideration and assessment of the following: 

17 ‘‘(1) Number of employees to be affected by the 

18 initiative. 

19 ‘‘(2) Resources needed to conduct the initiative. 

20 ‘‘(3) Location where the initiative will be per21 formed, and the location of the affected employees if 

22 different from the initiative location. 

23 ‘‘(4) Functions to be included in the initiative. 

24 ‘‘(5) Timeline for implementation of the initia25 tive. 


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1 ‘‘(6) Estimated duration of the initiative if such 

2 initiative is deemed to be temporary. 

3 ‘‘(b) RESTRICTION ON HIGH-PERFORMING ORGANI4 ZATIONS.—The Secretary of Defense, with respect to mat5 ters concerning the Defense Agencies, and the Secretary 

6 of a military department, may not begin implementation 

7 of a business process reengineering initiative to establish 

8 a high performing organization until— 

9 ‘‘(1) the Secretary submits to Congress the no10 tification required by subsection (d); and 

11 ‘‘(2) the requirements of paragraphs (2) and 

12 (3) of section 7106(b) of title 5 are complied with. 

13 ‘‘(c) CERTAIN INITIATIVES PROHIBITED.—The Sec14 retary of Defense, or the Secretary of a military depart15 ment, may not implement a high-performing organization 

16 if— 

17 ‘‘(1) it were to result in a change of the collec18 tive bargaining status of an employee in the Depart19 ment of Defense or in the representation status of 

20 a labor organization with exclusive representation 

21 status, as provided in section 7114 of title 5; or 

22 ‘‘(2) any planned reductions in staffing are 

23 based on cost savings assumptions that are unre24 lated to the establishment of the high performing or25 ganization. 


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1 ‘‘(d) CONGRESSIONAL NOTIFICATION.—Forty-five 

2 days before commencing a high-performing organization 

3 under subsection (a), the Secretary of Defense or the Sec4 retary of the military department concerned shall submit 

5 to Congress a notification describing the assessment re6 quired by subsection (a). 

7 ‘‘(e) ANNUAL EVALUATION.—The Secretary of De8 fense or the Secretary of the military department con9 cerned shall conduct annual performance reviews of the 

10 participating organizations or functions under the juris11 diction of the Secretary. The reviews shall be submitted 

12 to Congress. Each review shall evaluate the performance 

13 of the high performance organization in the following 

14 areas; 

15 ‘‘(1) Costs, savings, and overall financial per16 formance of the organization. 

17 ‘‘(2) Organic knowledge, skills or expertise. 

18 ‘‘(3) Efficiency and effectiveness of key func19 tions or processes. 

20 ‘‘(4) Efficiency and effectiveness of the overall 

21 organization. 

22 ‘‘(f) DEFINITIONS.—In this section, 

23 ‘‘(1) The term ‘high-performing organization’ 

24 means an organization whose performance exceeds 


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1 that of comparable providers, whether public or pri2 vate. 

3 ‘‘(2) The term ‘business process reengineering 

4 initiative’ means an approach to reinvent or consoli5 date functions whether they are inherently govern6 mental, military essential, or commercial activities, 

7 or a reorganization that is undertaken at the direc8 tion of the Office of Management and Budget.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by inserting 

11 after the item relating to section 129c the following new 

12 item: 

‘‘129d. High-performing organizations.’’. 

13 SEC. 325. TEMPORARY SUSPENSION OF STUDIES AND PUB14 LIC-PRIVATE COMPETITIONS REGARDING 

15 CONVERSION OF FUNCTIONS OF THE DE16 PARTMENT OF DEFENSE PERFORMED BY CI17 VILIAN EMPLOYEES TO CONTRACTOR PER18 FORMANCE. 

19 (a) FINDINGS.—Congress finds the following: 

20 (1) The turbulence caused by the efforts of the 

21 Department of Defense to increase the size of the 

22 Armed Forces, implement the decisions of the 2005 

23 round of base realignments and closures, and exe24 cute transformational initiatives, combined with the 

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1 gency operations, could impede sound decisions re2 garding the conversion to contractor performance of 

3 functions of the Department of Defense performed 

4 by civilian employees. 

5 (2) Public-private competitions may unneces6 sarily divert Department of Defense personnel and 

7 resources away from operational obligations. 

8 (3) The Secretary of Defense needs to ensure 

9 that readiness is fully supported. 

10 (b) SUSPENSION.—During the period beginning on 

11 the date of the enactment of this Act and ending on Sep12 tember 30, 2011, no study or public-private competition 

13 regarding the conversion to contractor performance of any 

14 function of the Department of Defense performed by civil15 ian employees may be begun or announced pursuant to 

16 section 2461 of title 10, United States Code, or otherwise 

17 pursuant to Office of Management and Budget Circular 

18 A–76. 

19 SEC. 326. CONSOLIDATION OF AIR FORCE AND AIR NA20 TIONAL GUARD AIRCRAFT MAINTENANCE. 

21 (a) ROLE OF NATIONAL GUARD BUREAU.—The Sec22 retary of the Air Force shall not implement the consolida23 tion of aircraft repair facilities and personnel of the active 

24 Air Force with aircraft repair facilities and personnel of 

25 the Air National Guard or the consolidation of aircraft 


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1 repair facilities and personnel of the Air National Guard 

2 with aircraft repair facilities and personnel of the active 

3 Air Force until the Secretary consults with, and obtains 

4 the consent of, the National Guard Bureau. 

5 (b) REPORT ON CRITERIA.—Not later than 30 days 

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

7 of the Air Force shall submit to the Committees on Armed 

8 Services of the Senate and House of Representatives a re9 port stating all the criteria being used by the Department 

10 of the Air Force and the Rand Corporation to evaluate 

11 the feasibility of consolidating Air Force maintenance 

12 functions into organizations that would integrate active, 

13 Guard, and Reserve components into a total-force ap14 proach. The report shall include the assumptions that 

15 were provided to or developed by the Rand Corporation 

16 for their study of the feasibility of the consolidation pro17 posal. 

18 (c) REPORT ON FEASIBILITY STUDY.—At least 90 

19 days before any consolidation actions, the Secretary of the 

20 Air Force shall submit to the Committees on Armed Serv21 ices of the Senate and House of Representatives a report 

22 on the findings of the Rand Corporation feasibility study 

23 and the Rand Corporation’s recommendations, the Air 

24 Force’s assessment of the findings and recommendations, 

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1 tion, and a delineation of all infrastructure costs antici2 pated as a result of implementation. 

3 SEC. 327. GUIDANCE FOR PERFORMANCE OF CIVILIAN PER4 SONNEL WORK UNDER AIR FORCE CIVILIAN 

5 PERSONNEL CONSOLIDATION PLAN. 

6 (a) GUIDANCE FOR CIVILIAN PERSONNEL MANAGE7 MENT CONSOLIDATION.—In determining which, if any, ci8 vilian personnel management functions may appropriately 

9 be consolidated under one command or in a central or re10 gional location, the Secretary of the Air Force shall be 

11 guided by the anticipated positive or negative impact upon 

12 the productivity of the managed workforces at different 

13 commands and the consequently anticipated positive or 

14 negative impact upon mission accomplishment at the dif15 ferent commands. This analysis shall be customized for 

16 each affected command, taking into account such factors 

17 as the size and complexity of the civilian workforce and 

18 the extent to which mission accomplishment is dependent 

19 upon the productivity of the civilian workforce. What func20 tions are deemed ‘‘transactional’’ or ‘‘nontransactional’’ 

21 may vary for each affected command. In general, more 

22 of the civilian personnel management functions for small23 er, less civilian dependent commands may be consolidated 

24 in a central or regional location or command while fewer 


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1 functions may be consolidated from larger, more civilian 

2 dependent commands. 

3 (b) PROHIBITION ON CONSOLIDATION OF CERTAIN

4 FUNCTIONS.—For the Large Civilian Centers, the Sec5 retary of the Air Force will not consolidate in a central 

6 or regional location or command at least the following 

7 functions: 

8 (1) Staffing positions filled through internal or 

9 external recruitment processes. 

10 (2) Development of position classifications or 

11 job descriptions. 

12 (3) Employee management relations, including 

13 performance management programs, conduct or dis14 cipline programs and labor management programs. 

15 (4) Labor force planning and management, in16 cluding internal pay pool management and employee 

17 performance reviews. 

18 (5) Managing workers compensation program 

19 pursuant to chapter 81 of title 5, United States 

20 Code, or relevant State workers’ compensation pro21 grams. 

22 (c) LARGE CIVILIAN CENTER DEFINED.—In this sec23 tion, the term ‘‘Large Civilian Center’’ refers to installa24 tions or commands with operational missions primarily de25 pendent upon the productivity of civilian workforces typiVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 cally numbering in the thousands and engaged in program 

2 management, systems engineering, research or develop3 ment, logistics management, software management, man4 agement of existing aircraft systems, and depot level main5 tenance. Such an installation or command typically in6 cludes occupational series far in excess of those assigned 

7 to other, more typical, Air Force installations or com8 mands. 

9 SEC. 328. REPORT ON REDUCTION IN NUMBER OF FIRE10 FIGHTERS ON AIR FORCE BASES. 

11 In an effort to ensure the Air Force is meeting the 

12 minimum safety standards for staffing, equipment, and 

13 training as required by Department of Defense Installa14 tion and Environment Instruction 6055.6, the Secretary 

15 of the Air Force shall submit to Congress, not later than 

16 90 days after the date of the enactment of this Act, a 

17 report on the effect of the reduction in fire fighters on 

18 Air Force bases as a result of PBD720. Such report shall 

19 include the following: 

20 (1) An evaluation of current fire fighting capa21 bility and whether the reduction has increased the 

22 risk of harm to either fire fighters or those they may 

23 serve in response to an emergency. 

24 (2) An evaluation on whether there is adequate 

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1 nities to support a base aircraft rescue or respond 

2 to a fire involving a combat aircraft, cargo aircraft 

3 or weapon system. 

4 (4) An evaluation of the impact on certifi5 cations of the base fire departments as a result of 

6 the reductions in fire fighting personnel and or func7 tions at the base. 

8 (5) A plan to restore personnel needed to sup9 port the mission should it be determined that per10 sonnel reductions resulting from PBD720 have neg11 atively impacted the ability to perform their mission. 

12 Subtitle D—Energy Security 

13 SEC. 331. ANNUAL REPORT ON OPERATIONAL ENERGY 

14 MANAGEMENT AND IMPLEMENTATION OF 

15 OPERATIONAL ENERGY STRATEGY. 

16 (a) REPORT REQUIRED.—Section 2925 of title 10, 

17 United States Code, is amended by striking subsection (b) 

18 and inserting the following new subsection: 

19 ‘‘(b) ANNUAL REPORT RELATED TO OPERATIONAL

20 ENERGY.—(1) Simultaneous with the annual report re21 quired by subsection (a), the Secretary of Defense, acting 

22 through the Director of Operational Energy Plans and 

23 Programs, shall submit to the congressional defense com24 mittees a report on operational energy management and 


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1 the implementation of the operational energy strategy es2 tablished pursuant to section 139b of this title. 

3 ‘‘(2) The annual report under this subsection shall 

4 address and include the following: 

5 ‘‘(A) Statistical information on operational en6 ergy demands, in terms of expenditures and con7 sumption, for the preceding five fiscal years, includ8 ing funding made available in regular defense appro9 priations Acts and any supplemental appropriation 

10 Acts. 

11 ‘‘(B) An estimate of operational energy de12 mands for the current fiscal year and next fiscal 

13 year, including funding requested to meet oper14 ational energy demands in the budget submitted to 

15 Congress under section 1105 of title 31 and in any 

16 supplemental requests. 

17 ‘‘(C) A description of each initiative related to 

18 the operational energy strategy and a summary of 

19 funds appropriated for each initiative in the previous 

20 fiscal year and current fiscal year and requested for 

21 each initiative for the next five fiscal years. 

22 ‘‘(D) An evaluation of progress made by the 

23 Department of Defense— 

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1 tiatives and technology investments related to 

2 operational energy demand and management; 

3 and 

4 ‘‘(ii) in meeting the operational energy 

5 goals set forth in the strategy. 

6 ‘‘(E) Such recommendations as the Director 

7 considers appropriate for additional changes in orga8 nization or authority within the Department of De9 fense to enable further implementation of the energy 

10 strategy and such other comments and recommenda11 tions as the Director considers appropriate. 

12 ‘‘(3) If a report under this subsection is submitted 

13 in a classified form, the Secretary shall concurrently sub14 mit to the congressional defense committees an unclassi15 fied version of the information required by this subsection. 

16 ‘‘(4) In this subsection, the term ‘operational energy’ 

17 means the energy required for moving and sustaining mili18 tary forces and weapons platforms for military operations. 

19 The term includes energy used by tactical power systems 

20 and generators and weapons platforms.’’. 

21 (b) CLERICAL AMENDMENTS.— 

22 (1) SECTION HEADING.—The heading of such 

23 section is amended to read as follows: 


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1 ‘‘§ 2925. Annual Department of Defense energy man2 agement reports’’. 

3 (2) TABLE OF SECTIONS.—The table of sections 

4 at the beginning of subchapter III of chapter 173 of 

5 such title is amended by striking the item relating 

6 to section 2925 and inserting the following new 

7 item: 

‘‘2925. Annual Department of Defense energy management reports.’’. 

8 SEC. 332. CONSIDERATION OF FUEL LOGISTICS SUPPORT 

9 REQUIREMENTS IN PLANNING, REQUIRE10 MENTS DEVELOPMENT, AND ACQUISITION 

11 PROCESSES. 

12 (a) PLANNING.—In the case of campaign analyses 

13 and force planning processes that are used to establish 

14 capability requirements and inform acquisition decisions, 

15 the Secretary of Defense shall require that campaign anal16 yses and force planning processes consider the require17 ments for, and vulnerability of, fuel logistics and their re18 lationship to operational capability. 

19 (b) CAPABILITY REQUIREMENTS DEVELOPMENT

20 PROCESS.—The Secretary of Defense shall develop and 

21 implement a methodology to enable the implementation of 

22 a fuel efficiency key performance parameter in the require23 ments development process. 

24 (c) ACQUISITION PROCESS.—The Secretary of De25 fense shall require that the life-cycle cost analysis for new 


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1 capabilities include the fully burdened cost of fuel during 

2 analysis of alternatives and evaluation of alternatives and 

3 acquisition program design trades. 

4 (d) IMPLEMENTATION PLAN.—The Secretary of De5 fense shall prepare a plan for implementing the require6 ments of this section. The plan shall be completed not 

7 later than 180 days after the date of the enactment of 

8 this Act and provide for implementation of the require9 ments not later than three years after such date. 

10 (e) REPORT.—Until the certification required by sub11 section (g) is provided, the Secretary of Defense shall sub12 mit to the congressional defense committees a report, not 

13 later than January 1 of each year, describing progress 

14 made to implement the requirements of this section during 

15 the preceding fiscal year. 

16 (f) FULLY BURDENED COST OF FUEL DEFINED.— 

17 In this section, the term ‘‘fully burdened cost of fuel’’ 

18 means the commodity price for fuel plus the total cost of 

19 all personnel and assets required to move and, when nec20 essary, protect the fuel from the point at which the fuel 

21 is received from the commercial supplier to the point of 

22 use. 

23 (g) CERTIFICATION OF COMPLIANCE.—As soon as 

24 practicable during the three-year period beginning on the 

25 date of the enactment of this Act, the Secretary of Defense 


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1 shall certify to the congressional defense committees that 

2 the Secretary has complied with the requirements of this 

3 section. If the Secretary is unable to provide the certifi4 cation, the Secretary shall submit to the congressional de5 fense committees at the end of the three-year period a re6 port containing— 

7 (1) an explanation of the reasons why the re8 quirements, or portions of the requirements, have 

9 not been implemented; and 

10 (2) a revised plan under subsection (d) to com11 plete implementation or a rationale regarding why 

12 portions of the requirements cannot or should not be 

13 implemented. 

14 SEC. 333. STUDY ON SOLAR ENERGY FOR USE AT FORWARD 

15 OPERATING LOCATIONS. 

16 (a) STUDY REQUIRED.—The Secretary of Defense 

17 shall provide for a study to examine the feasibility of using 

18 solar energy to provide electricity at forward operating lo19 cations. 

20 (b) MATTERS EXAMINED.—The study shall examine, 

21 at a minimum, the following: 

22 (1) The potential for solar energy to reduce the 

23 fuel supply needed to provide electricity at forward 

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1 ing the number of convoys needed to supply fuel to 

2 forward operating locations. 

3 (2) The cost of using solar energy to provide 

4 electricity. 

5 (3) The potential savings of using solar energy 

6 to provide electricity compared to current methods. 

7 (4) The environmental benefits of using solar 

8 energy to provide electricity instead of the current 

9 methods. 

10 (5) The sustainability and operating require11 ments of solar energy systems for providing elec12 tricity compared to current methods. 

13 (c) REPORT.—Not later than March 1, 2009, the 

14 Secretary shall submit to the congressional defense com15 mittees a report on the results of the study required by 

16 subsection (a). 

17 SEC. 334. STUDY ON COAL-TO-LIQUID FUELS. 

18 (a) STUDY REQUIRED.—The Secretary of Defense 

19 shall conduct a study on alternatives to reduce the life 

20 cycle emissions of coal-to-liquid fuels and potential uses 

21 of coal-to-liquid fuels to meet the Department’s mobility 

22 energy requirements. 

23 (b) MATTERS EXAMINES.—The study shall examine, 

24 at a minimum, the following: 


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1 (1) The potential clean energy alternatives for 

2 powering the conversion processes, including nuclear, 

3 solar, and wind energies. 

4 (2) The alternatives for reducing carbon emis5 sions during the conversion processes. 

6 (3) The military utility of coal-to-liquid fuels 

7 for military operations and for use by expeditionary 

8 forces compared with the military utility and life 

9 cycle emissions of mobile, in-theater synthetic fuel 

10 processes. 

11 (c) USE OF FEDERALLY FUNDED RESEARCH AND

12 DEVELOPMENT CENTER.—The Secretary of Defense shall 

13 select a federally funded research and development center 

14 to perform the study required by subsection (a). 

15 (d) REPORT.—Not later than March 1, 2009, the fed16 erally funded research and development center shall sub17 mit to the congressional defense committees and the Sec18 retary of Defense a report on the results of the study re19 quired by subsection (a). 

20 SEC. 335. EXCEPTION TO ALTERNATIVE FUEL PROCURE21 MENT REQUIREMENT. 

22 Section 526 of the Energy Independence and Security 

23 Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is 

24 amended— 


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1 (1) by striking ‘‘No Federal agency’’ and insert2 ing ‘‘(a) REQUIREMENT.—Except as provided in 

3 subsection (b), no Federal agency’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(b) EXCEPTION.—Subsection (a) does not prohibit 

6 a Federal agency from entering into a contract to pur7 chase a generally available fuel that is not an alternative 

8 or synthetic fuel or predominantly produced from a non9 conventional petroleum source, if— 

10 ‘‘(1) the contract does not specifically require 

11 the contractor to provide an alternative or synthetic 

12 fuel or fuel from a nonconventional petroleum 

13 source; 

14 ‘‘(2) the purpose of the contract is not to obtain 

15 an alternative or synthetic fuel or fuel from a non16 conventional petroleum source; and 

17 ‘‘(3) the contract does not provide incentives for 

18 a refinery upgrade or expansion to allow a refinery 

19 to use or increase its use of fuel from a nonconven20 tional petroleum source.’’. 

21 SEC. 336. STUDY OF CONSIDERATION OF GREENHOUSE GAS 

22 EMISSIONS IN ACQUISITION PROCESSES. 

23 (a) STUDY.—The Secretary of Defense shall conduct 

24 a study to develop procedures and methods to measure 

25 and consider greenhouse gas emissions in the acquisition 


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1 process, and shall include in the study an examination of 

2 the following: 

3 (1) The processes and methods which would 

4 need to be developed and adopted to allow the De5 partment of Defense to consider greenhouse gas 

6 emissions in the planning, requirements develop7 ment, and acquisition processes. 

8 (2) The internal and external data necessary to 

9 allow the Department of Defense to consider green10 house gas emissions in the planning, requirements 

11 development, and acquisition processes. 

12 (3) A timetable for the implementation of such 

13 procedures and methods in the acquisition process, 

14 as well as an estimate of the costs associated with 

15 such implementation. 

16 (4) Such other factors as the Secretary con17 siders appropriate with respect to the development 

18 and implementation of such procedures and meth19 ods. 

20 (b) REPORT.—Not later than one year after the date 

21 of the enactment of this Act, the Secretary shall submit 

22 to the Congressional defense committees a report on the 

23 results of the study conducted under subsection (a). 


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1 Subtitle E—Reports 

2 SEC. 341. COMPTROLLER GENERAL REPORT ON READINESS 

3 OF ARMED FORCES. 

4 (a) REPORT REQUIRED.— 

5 (1) IN GENERAL.—Not later than June 1, 

6 2009, the Comptroller General shall submit to the 

7 Committees on Armed Services of the Senate and 

8 House of Representatives a report on the readiness 

9 of the regular and reserve components of the Armed 

10 Forces. The report shall be unclassified but may 

11 contain a classified annex. 

12 (2) ONE OR MORE REPORTS.—In complying 

13 with the requirements of this section, the Comp14 troller General may submit a single report address15 ing all the elements specified in subsection (b) or 

16 two or more reports addressing any combination of 

17 such elements. 

18 (b) ELEMENTS.—The elements specified in this sub19 section are the following: 

20 (1) An analysis of the readiness status, as of 

21 the date of the enactment of this Act, of the regular 

22 and reserve components of the Army and the Marine 

23 Corps, including any significant changes in any 

24 trends with respect to such components since 2001. 


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1 (2) An analysis of the readiness status, as of 

2 such date, of the regular and reserve components of 

3 the Air Force and the Navy, including a description 

4 of any major factors that affect the ability of the 

5 Navy or Air Force to provide trained and ready 

6 forces for ongoing operations and to meet overall 

7 readiness goals. 

8 (3) An analysis of the efforts of the Secretary 

9 of each military department to address any major 

10 factors affecting the readiness of the regular and re11 serve components under the jurisdiction of that Sec12 retary. 

13 SEC. 342. REPORT ON PLAN TO ENHANCE COMBAT SKILLS 

14 OF NAVY AND AIR FORCE PERSONNEL. 

15 (a) REPORT REQUIRED.—At the same time as the 

16 budget for fiscal year 2010 is submitted to Congress under 

17 section 1105(a) of title 31, United States Code, the Sec18 retary of Defense shall submit to the Committees on 

19 Armed Services of the Senate and House of Representa20 tives a report on— 

21 (1) the plans of the Secretary of the Navy to 

22 improve the combat skills of the members of the 

23 Navy; and 


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1 (2) the plans of the Secretary of the Air Force 

2 to improve the combat skills of the members of the 

3 Air Force. 

4 (b) ELEMENTS OF REPORT.—The report required 

5 under subsection (a) shall include each of the following: 

6 (1) The criteria that the Secretary of the Air 

7 Force and the Secretary of the Navy use to select 

8 permanent sites for their Common Battlefield Air9 men Training and Expeditionary Combat Skills 

10 courses. 

11 (2) An identification of the extent to which the 

12 Secretary of the Navy and Secretary of the Air 

13 Force coordinated with each other and with the Sec14 retary of the Army and the Commandant of the Ma15 rine Corps with respect to their plans to expand 

16 combat skills training for members of the Navy and 

17 Air Force, respectively, together with a complete list 

18 of bases or locations that were considered as possible 

19 sites for the coordinated training. 

20 (3) The estimated implementation and 

21 sustainment costs for the Air Force Common Battle22 field Airmen Training and Navy Expeditionary Com23 bat Skills courses. 

24 (4) The estimated cost savings, if any, which 

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1 ing at existing Department of Defense facilities or 

2 by using existing ground combat training resources. 

3 SEC. 343. COMPTROLLER GENERAL REPORT ON THE USE 

4 OF THE ARMY RESERVE AND NATIONAL 

5 GUARD AS AN OPERATIONAL RESERVE. 

6 (a) REPORT REQUIRED.—Not later than June 1, 

7 2009, the Comptroller General shall submit to the Com8 mittees on Armed Services of the Senate and House of 

9 Representatives a report on the use of the Army Reserve 

10 and National Guard forces as an operational reserve. 

11 (b) ELEMENTS.—The report required by subsection 

12 (a) shall include a description of current and programmed 

13 resources, force structure, and organizational challenges 

14 that the Army Reserve and National Guard forces may 

15 face serving as an operational reserve, including— 

16 (1) equipment availability, maintenance, and lo17 gistics issues; 

18 (2) manning and force structure; 

19 (3) training constraints limiting— 

20 (A) facilities and ranges; 

21 (B) access to military schools and skill 

22 training; and 

23 (C) access to the Combat Training Cen24 ters; and 


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1 (4) any conflicts with requirements under title 

2 32, United States Code. 

3 SEC. 344. COMPTROLLER GENERAL REPORT ON LINK BE4 TWEEN PREPARATION AND USE OF ARMY RE5 SERVE COMPONENT FORCES TO SUPPORT 

6 ONGOING OPERATIONS. 

7 (a) REPORT REQUIRED.—Not later than June 1, 

8 2009, the Comptroller General shall submit to the Com9 mittees on Armed Services of the Senate and House of 

10 Representatives a report on the link between the prepara11 tion and operational use of the Army’s reserve component 

12 forces. 

13 (b) ELEMENTS.—The report required by subsection 

14 (a) shall include— 

15 (1) an analysis of the Army’s ability to train 

16 and employ reserve component units— 

17 (A) to execute the wartime or primary mis18 sions for which the units are designed; and 

19 (B) for non-traditional missions to which 

20 such units are assigned, as of the date of the 

21 enactment of this Act, in support of ongoing 

22 operations, including factors affecting unit or 

23 individual preparation, the effect of notification 

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1 cluding the National Training Center and the 

2 Joint Readiness Training Center; and 

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

4 deployment laws, goals, and policies on the Army’s 

5 ability to train and employ reserve component units 

6 for the purposes described in paragraph (1). 

7 SEC. 345. COMPTROLLER GENERAL REPORT ON ADEQUACY 

8 OF FUNDING, STAFFING, AND ORGANIZATION 

9 OF DEPARTMENT OF DEFENSE MILITARY MU10 NITIONS RESPONSE PROGRAM. 

11 (a) REPORT REQUIRED.—Not later than one year 

12 after the date of the enactment of this Act, the Comp13 troller General shall submit to the Committees on Armed 

14 Services of the Senate and House of Representatives a re15 port on the adequacy of the funding, staffing, and organi16 zation of the Military Munitions Response Program of the 

17 Department of Defense. 

18 (b) ELEMENTS.—The report required by subsection 

19 (a) shall include— 

20 (1) an analysis of the funding, staffing, and or21 ganization of the Military Munitions Response Pro22 gram; and 

23 (2) an assessment of the Program mechanisms 

24 for the accountability, reporting, and monitoring of 

25 the progress of munitions response projects and 


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1 methods to reduce the length of time of such 

2 projects. 

3 SEC. 346. REPORT ON OPTIONS FOR PROVIDING REPAIR 

4 CAPABILITIES TO SUPPORT SHIPS OPER5 ATING NEAR GUAM. 

6 (a) REPORT REQUIRED.—Not later than March 1, 

7 2009, the Secretary of the Navy shall submit to the com8 mittees on Armed Services of the Senate and House of 

9 Representatives a report on the best option or combination 

10 of options for providing voyage repair capabilities to sup11 port all United States Navy ships operating at or near 

12 Guam. 

13 (b) CONTENTS OF REPORT.—The report required 

14 under subsection (a) shall include each of the following: 

15 (1) The Secretary’s estimate, based on the 

16 quantitative data determined to be most appropriate 

17 by the Secretary, of the requirements for voyage re18 pairs for all United States Navy vessels operating at 

19 or near Guam, including— 

20 (A) such requirements for ships operated 

21 by the Military Sealift Command; and 

22 (B) such requirements for United States 

23 Navy vessels for which the designated homeport 

24 of the vessel is anticipated to become Guam as 


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1 a result of the realignment of the Armed Forces 

2 from Okinawa, Japan, to Guam. 

3 (2) The recommendations of the Secretary for 

4 ensuring that adequate voyage repair capabilities are 

5 available for all United States Navy ships operating 

6 at or near Guam and an estimate of the amount of 

7 time required to implement such capabilities. 

8 (3) The Secretary’s assessment of the benefits 

9 and limitations of each option for providing voyage 

10 repairs to all United States Navy ships operating at 

11 or near Guam and of the anticipated costs and stra12 tegic and operational risks associated with each such 

13 option. 

14 (4) A plan and schedule for implementing a 

15 course of action to ensure that the required ship re16 pair capability is available by not later than October 

17 31, 2012. 

18 Subtitle F—Other Matters 

19 SEC. 351. EXTENSION OF ENTERPRISE TRANSITION PLAN 

20 REPORTING REQUIREMENT. 

21 Section 2222(i) of title 10, United States Code, is 

22 amended by striking ‘‘2009’’ and inserting ‘‘2013’’. 


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1 SEC. 352. DEMILITARIZATION OF LOANED, GIVEN, OR EX2 CHANGED DOCUMENTS, HISTORICAL ARTI3 FACTS, AND CONDEMNED OR OBSOLETE 

4 COMBAT MATERIEL. 

5 Section 2572(d) of title 10, United States Code, is 

6 amended— 

7 (1) in paragraph (1), by adding at the end the 

8 following new sentence: ‘‘The Secretary concerned 

9 shall ensure that an item authorized to be donated 

10 under this section is demilitarized, as determined 

11 necessary by the Secretary or the Secretary’s 

12 delegee, to the extent necessary to render the item 

13 unserviceable in the interest of public safety.’’; and 

14 (2) in paragraph (2)(A), by inserting before the 

15 period at the end the following: ‘‘, including any ex16 pense associated with demilitarizing an item under 

17 paragraph (1), for which the recipient of the item 

18 shall be responsible’’. 

19 SEC. 353. REPEAL OF REQUIREMENT THAT SECRETARY OF 

20 AIR FORCE PROVIDE TRAINING AND SUP21 PORT TO OTHER MILITARY DEPARTMENTS 

22 FOR A–10 AIRCRAFT. 

23 (a) REPEAL.—Chapter 901 of title 10, United States 

24 Code, is amended by striking section 9316. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by striking 

3 the item relating to section 9316. 

4 SEC. 354. DISPLAY OF ANNUAL BUDGET REQUIREMENTS 

5 FOR AIR SOVEREIGNTY ALERT MISSION. 

6 (a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICA7 TION DOCUMENTS.—For fiscal year 2010 and each subse8 quent fiscal year, the Secretary of Defense shall submit 

9 to the President, for consideration by the President for 

10 inclusion with the budget materials submitted to Congress 

11 under section 1105(a) of title 31, United States Code, a 

12 consolidated budget justification display that covers all 

13 programs and activities of the Air Sovereignty Alert mis14 sion of the Air Force. 

15 (b) REQUIREMENTS FOR BUDGET DISPLAY.—The 

16 budget display under subsection (a) for a fiscal year shall 

17 include for such fiscal year the following: 

18 (1) The funding requirements for the Air Sov19 ereignty Alert mission, and the associated Command 

20 and Control mission, including such requirements 

21 for— 

22 (A) pay and allowances; 

23 (B) support costs; 

24 (C) Medicare eligible retiree health fund 

25 contributions; 


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1 (D) flying hours; and 

2 (E) any other associated mission costs. 

3 (2) The amount in the budget for the Air Force 

4 for each of the items referred to in paragraph (1). 

5 (3) The amount in the budget for the Air Na6 tional Guard for each such item. 

7 SEC. 355. SENSE OF CONGRESS THAT AIR SOVEREIGNTY 

8 ALERT MISSION SHOULD RECEIVE SUFFI9 CIENT FUNDING AND RESOURCES. 

10 It is the sense of Congress that— 

11 (1) since the tragic events of September 11, 

12 2001, the Air National Guard has bravely performed 

13 the Air Sovereignty Alert mission to defend the 

14 homeland in support of Operation Noble Eagle; 

15 (2) the Air National Guard continues to serve 

16 as the backbone of this vital national security mis17 sion; 

18 (3) the United States Air Force should include 

19 full funding for the Air Sovereignty Alert mission in 

20 the baseline budget of the Air Force; 

21 (4) the United States Air Force should program 

22 sufficient personnel, equipment, and aircraft re23 sources to the Air National Guard to fully and safely 

24 perform the Air Sovereignty Alert mission; 


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1 (5) the capability of Air National Guard air2 craft assigned to the Air Sovereignty Alert mission 

3 is rapidly deteriorating due to age and may impede 

4 the ability of the Air National Guard to protect the 

5 homeland; 

6 (6) by 2015, many of the Air National Guard’s 

7 fighter aircraft will have exceeded their service life 

8 and will be grounded, resulting in a breach of home9 land defense, a potential closure of Air National 

10 Guard bases, the loss of critical personnel with the 

11 accompanying loss of experience and training, and 

12 the loss of the fighter capability of the Air National 

13 Guard; and 

14 (7) the United States Air Force should ensure 

15 that the Air National Guard and the Air Sovereignty 

16 Alert mission are provided with resources, personnel, 

17 and aircraft needed to support this critical mission 

18 now and in the future. 

19 SEC. 356. REVISION OF CERTAIN AIR FORCE REGULATIONS 

20 REQUIRED. 

21 (a) REVISION REQUIRED.—Not later than 90 days 

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

23 the Air Force shall revise the Air Freight Transportation 

24 Regulation Number 5, dated January 15, 1999, to con25 form with Defense Travel Regulations to ensure that 


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1 freight covered by Air Freight Transportation Regulation 

2 Number 5 is carried in accordance with commercial best 

3 practices that are based upon a mode-neutral approach. 

4 (b) MODE-NEUTRAL APPROACH DEFINED.—For 

5 purposes of this section, the term ‘‘mode-neutral ap6 proach’’ means a method of shipment that allows a shipper 

7 to choose a carrier with a time-definite performance stand8 ard for delivery without specifying a particular mode of 

9 conveyance and allows the carrier to select the mode of 

10 conveyance using best commercial practices as long as the 

11 mode of conveyance can reasonably be expected to ensure 

12 the time-definite delivery requested by the shipper. 

13 SEC. 357. TRANSFER OF C–12 AIRCRAFT TO CALIFORNIA DE14 PARTMENT OF FORESTRY AND FIRE PROTEC15 TION. 

16 (a) AUTHORITY.—The Secretary of the Army may 

17 convey to the California Department of Forestry and Fire 

18 Protection (hereinafter in this section referred to as ‘‘CAL 

19 FIRE’’), all right, title, and interest of the United States 

20 in three C–12 aircraft that the Secretary has determined 

21 are surplus to need. 

22 (b) CONVEYANCE AT NO COST TO THE UNITED

23 STATES.—The conveyance of an aircraft authorized by 

24 this section shall be made at no cost to the United States. 

25 Any costs associated with such conveyance, costs of deterVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 mining compliance with terms of the conveyance, and costs 

2 of operation and maintenance of the aircraft conveyed 

3 shall be borne by CAL FIRE. 

4 SEC. 358. AVAILABILITY OF FUNDS FOR IRREGULAR WAR5 FARE SUPPORT PROGRAM. 

6 Of the amount appropriated pursuant to an author7 ization of appropriations or otherwise made available for 

8 the Joint Improvised Explosive Device Defeat Organiza9 tion for fiscal year 2009, $75,000,000 shall be available 

10 for the Irregular Warfare Support program (program ele11 ment line 0603121D8Z, SO/LIC Advanced Development). 

12 SEC. 359. SENSE OF CONGRESS REGARDING PROCURE13 MENT AND USE OF MUNITIONS. 

14 It is the sense of Congress that the Secretary of De15 fense should— 

16 (1) in making decisions with respect to procure17 ment of munitions, develop methods to account for 

18 the full life-cycle costs of munitions, including the 

19 effects of failure rates on the cost of disposal; and 

20 (2) undertake a review of live-fire practices for 

21 the purpose of reducing unexploded ordnance and 

22 munitions-constituent contamination without imped23 ing military readiness. 


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1 SEC. 360. LIMITATION ON OBLIGATION OF FUNDS FOR AIR 

2 COMBAT COMMAND MANAGEMENT HEAD3 QUARTERS. 

4 Of the funds appropriated pursuant to an authoriza5 tion of appropriations or otherwise made available for Op6 eration and Maintenance, Air Force, for fiscal year 2009, 

7 the amount that may be obligated for Air Force Com8 mander, Air Combat Command Management Head9 quarters, Sub-Activity Group 012E, for any fiscal quarter 

10 of such fiscal year may not exceed 80 percent of the 

11 amount of such funds obligated for such purpose for the 

12 corresponding fiscal quarter of fiscal year 2008 until the 

13 Secretary of Defense certifies to the congressional defense 

14 committees that by not later than February 3, 2009, the 

15 Future Year’s Defense Plan will include funding for 76 

16 commonly configured B–52 aircraft. 

17 SEC. 361. INCREASE OF DOMESTIC SOURCING OF MILITARY 

18 WORKING DOGS USED BY THE DEPARTMENT 

19 OF DEFENSE. 

20 (a) INCREASED CAPACITY.—The Secretary of De21 fense, acting through the Executive Agent for Military 

22 Working Dogs (hereinafter in this section referred to as 

23 the ‘‘Executive Agent’’), shall— 

24 (1) identify the number of military working 

25 dogs required to fulfill the various missions of the 

26 Department of Defense for which such dogs are 


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1 used, including force protection, facility and check 

2 point security, and explosives and drug detection; 

3 (2) take such steps as are practicable to ensure 

4 an adequate number of military working dog teams 

5 are available to meet and sustain the mission re6 quirements identified in paragraph (1); 

7 (3) ensure that the Department’s needs and 

8 performance standards with respect to military 

9 working dogs are readily available to dog breeders 

10 and trainers; and 

11 (4) coordinate with other Federal, State, or 

12 local agencies, nonprofit organizations, universities, 

13 or private sector entities, as appropriate, to increase 

14 the training capacity for military working dog teams. 

15 (b) MILITARY WORKING DOG PROCUREMENT.—The 

16 Secretary, acting through the Executive Agent shall work 

17 to ensure that military working dogs are procured as effi18 ciently as possible and at the best value to the Govern19 ment, while maintaining the necessary level of quality and 

20 encouraging increased domestic breeding, with the ulti21 mate goal of procuring all military working dogs through 

22 domestic breeders. 

23 (c) MILITARY WORKING DOG DEFINED.—For pur24 poses of this section, the term ‘‘military working dog’’ 


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1 means a dog used in any official military capacity, as de2 fined by the Secretary of Defense. 

3 SEC. 362. FUNDING FOR PROGRAMS RELATING TO DENTAL 

4 READINESS FOR THE ARMY RESERVE. 

5 Of the amount authorized in section 301(6) to be ap6 propriated for fiscal year 2009 for the Army Reserve— 

7 (1) $22,300,000 is authorized for first term 

8 dental readiness; and 

9 (2) $8,500,000 is authorized for demobilization 

10 dental treatment. 

11 TITLE IV—MILITARY 

12 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. 

13 Subtitle A—Active Forces 

14 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

15 The Armed Forces are authorized strengths for active 

16 duty personnel as of September 30, 2009, as follows: 

17 (1) The Army, 532,400. 


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1 (2) The Navy, 326,323. 

2 (3) The Marine Corps, 194,000. 

3 (4) The Air Force, 317,050. 

4 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

5 STRENGTH MINIMUM LEVELS. 

6 Section 691(b) of title 10, United States Code, is 

7 amended by striking paragraphs (1) through (4) and in8 serting the following new paragraphs: 

9 ‘‘(1) For the Army, 532,400. 

10 ‘‘(2) For the Navy, 326,323. 

11 ‘‘(3) For the Marine Corps, 194,000. 

12 ‘‘(4) For the Air Force, 317,050.’’. 

13 Subtitle B—Reserve Forces 

14 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

15 (a) IN GENERAL.—The Armed Forces are authorized 

16 strengths for Selected Reserve personnel of the reserve 

17 components as of September 30, 2009, as follows: 

18 (1) The Army National Guard of the United 

19 States, 352,600. 

20 (2) The Army Reserve, 205,000. 

21 (3) The Navy Reserve, 66,700. 

22 (4) The Marine Corps Reserve, 39,600. 

23 (5) The Air National Guard of the United 

24 States, 106,700. 

25 (6) The Air Force Reserve, 67,400. 


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1 (7) The Coast Guard Reserve, 10,000. 

2 (b) END STRENGTH REDUCTIONS.—The end 

3 strengths prescribed by subsection (a) for the Selected Re4 serve of any reserve component shall be proportionately 

5 reduced by— 

6 (1) the total authorized strength of units orga7 nized to serve as units of the Selected Reserve of 

8 such component which are on active duty (other 

9 than for training) at the end of the fiscal year; and 

10 (2) the total number of individual members not 

11 in units organized to serve as units of the Selected 

12 Reserve of such component who are on active duty 

13 (other than for training or for unsatisfactory partici14 pation in training) without their consent at the end 

15 of the fiscal year. 

16 (c) END STRENGTH INCREASES.—Whenever units or 

17 individual members of the Selected Reserve of any reserve 

18 component are released from active duty during any fiscal 

19 year, the end strength prescribed for such fiscal year for 

20 the Selected Reserve of such reserve component shall be 

21 increased proportionately by the total authorized strengths 

22 of such units and by the total number of such individual 

23 members. 


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1 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

2 DUTY IN SUPPORT OF THE RESERVES. 

3 Within the end strengths prescribed in section 

4 411(a), the reserve components of the Armed Forces are 

5 authorized, as of September 30, 2009, the following num6 ber of Reserves to be serving on full-time active duty or 

7 full-time duty, in the case of members of the National 

8 Guard, for the purpose of organizing, administering, re9 cruiting, instructing, or training the reserve components: 

10 (1) The Army National Guard of the United 

11 States, 32,060. 

12 (2) The Army Reserve, 17,070. 

13 (3) The Navy Reserve, 11,099. 

14 (4) The Marine Corps Reserve, 2,261. 

15 (5) The Air National Guard of the United 

16 States, 14,337. 

17 (6) The Air Force Reserve, 2,733. 

18 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

19 (DUAL STATUS). 

20 The minimum number of military technicians (dual 

21 status) as of the last day of fiscal year 2009 for the re22 serve components of the Army and the Air Force (notwith23 standing section 129 of title 10, United States Code) shall 

24 be the following: 

25 (1) For the Army Reserve, 8,395. 


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1 (2) For the Army National Guard of the United 

2 States, 27,210. 

3 (3) For the Air Force Reserve, 10,003. 

4 (4) For the Air National Guard of the United 

5 States, 22,452. 

6 SEC. 414. FISCAL YEAR 2009 LIMITATION ON NUMBER OF 

7 NON-DUAL STATUS TECHNICIANS. 

8 (a) LIMITATIONS.— 

9 (1) NATIONAL GUARD.—Within the limitation 

10 provided in section 10217(c)(2) of title 10, United 

11 States Code, the number of non-dual status techni12 cians employed by the National Guard as of Sep13 tember 30, 2009, may not exceed the following: 

14 (A) For the Army National Guard of the 

15 United States, 1,600. 

16 (B) For the Air National Guard of the 

17 United States, 350. 

18 (2) ARMY RESERVE.—The number of non-dual 

19 status technicians employed by the Army Reserve as 

20 of September 30, 2009, may not exceed 595. 

21 (3) AIR FORCE RESERVE.—The number of non22 dual status technicians employed by the Air Force 

23 Reserve as of September 30, 2009, may not exceed 

24 90. 


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1 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

2 this section, the term ‘‘non-dual status technician’’ has the 

3 meaning given that term in section 10217(a) of title 10, 

4 United States Code. 

5 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU6 THORIZED TO BE ON ACTIVE DUTY FOR 

7 OPERATIONAL SUPPORT. 

8 During fiscal year 2009, the maximum number of 

9 members of the reserve components of the Armed Forces 

10 who may be serving at any time on full-time operational 

11 support duty under section 115(b) of title 10, United 

12 States Code, is the following: 

13 (1) The Army National Guard of the United 

14 States, 17,000. 

15 (2) The Army Reserve, 13,000. 

16 (3) The Navy Reserve, 6,200. 

17 (4) The Marine Corps Reserve, 3,000. 

18 (5) The Air National Guard of the United 

19 States, 16,000. 

20 (6) The Air Force Reserve, 14,000. 


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1 SEC. 416. ADDITIONAL WAIVER AUTHORITY OF LIMITATION 

2 ON NUMBER OF RESERVE COMPONENT MEM3 BERS AUTHORIZED TO BE ON ACTIVE DUTY. 

4 (a) ADDITIONAL WAIVER AUTHORITY.—Subsection 

5 (a) of section 123a of title 10, United States Code, is 

6 amended— 

7 (1) by inserting ‘‘(1)’’ before ‘‘If at the end’’; 

8 and 

9 (2) by adding at the end the following new 

10 paragraph: 

11 ‘‘(2) When a designation of a major disaster or emer12 gency (as those terms are defined in section 102 of the 

13 Robert T. Stafford Disaster Relief and Emergency Assist14 ance Act (42 U.S.C. 5122)) is in effect, the President may 

15 waive any statutory limit that would otherwise apply dur16 ing the period of the designation on the number of mem17 bers of a reserve component who are authorized to be on 

18 active duty under subparagraph (A) or (B) of section 

19 115(b)(1) of this title, if the President determines the 

20 waiver is necessary to provide assistance in responding to 

21 the major disaster or emergency.’’. 

22 (b) TERMINATION OF WAIVER.—Subsection (b) of 

23 such section is amended— 

24 (1) by striking the subsection heading and in25 serting the following: ‘‘TERMINATION OF WAIVER.— 

26 (1)’’; 


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1 (2) by striking ‘‘subsection (a)’’ and inserting 

2 ‘‘subsection (a)(1)’’; and 

3 (3) by adding at the end the following new 

4 paragraph: 

5 ‘‘(2) A waiver granted under subsection (a)(2) shall 

6 terminate not later than 90 days after the date on which 

7 the designation of the major disaster or emergency that 

8 was the basis for the waiver expires.’’. 

9 (c) CLERICAL AMENDMENTS.— 

10 (1) SECTION HEADING.—The heading of such 

11 section is amended to read as follows: 

12 ‘‘§ 123a. Suspension of end-strength and other 

13 strength limitations in time of war or na14 tional emergency’’. 

15 (2) TABLE OF SECTIONS.—The table of sections 

16 at the beginning of chapter 3 of such title is amend17 ed by striking the item relating to section 123a and 

18 inserting the following new item: 

‘‘123a. Suspension of end-strength and other strength limitations in time of war 

or national emergency.’’. 

19 Subtitle C—Authorization of 

20 Appropriations 

21 SEC. 421. MILITARY PERSONNEL. 

22 There is hereby authorized to be appropriated to the 

23 Department of Defense for military personnel for fiscal 

24 year 2009 a total of $124,659,768,000. The authorization 


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1 in the preceding sentence supersedes any other authoriza2 tion of appropriations (definite or indefinite) for such pur3 pose for fiscal year 2009. 

4 TITLE V—MILITARY PERSONNEL 

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

Sec. 504. Increase in authorized number of general officers on active duty in 

the Marine Corps. 

Subtitle B—Reserve Component Management 

Sec. 511. Extension to all military departments of authority to defer mandatory 

separation of military technicians (dual status). 

Sec. 512. Increase in authorized strengths for Marine Corps Reserve officers on 

active duty in the grades of major and lieutenant colonel to 

meet force structure requirements. 

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. Study and report regarding personnel movements in Marine Corps 

Individual Ready Reserve. 

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. Treatment of certain service as joint duty experience. 

Subtitle D—General Service Authorities 

Sec. 531. Increase in authorized maximum reenlistment term. 

Sec. 532. Career intermission pilot program. 

Subtitle E—Education and Training 


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Sec. 541. Repeal of prohibition on phased increase in midshipmen and cadet 

strength limit at United States Naval Academy and Air Force 

Academy. 

Sec. 542. Promotion of foreign and cultural exchange activities at military service academies. 

Sec. 543. Compensation for civilian President of Naval Postgraduate School. 

Sec. 544. Increased authority to enroll defense industry employees in defense 

product development program. 

Sec. 545. Requirement of completion of service under honorable conditions for 

purposes of entitlement to educational assistance for reserve 

components members supporting contingency operations. 

Sec. 546. Consistent education loan repayment authority for health professionals in regular components and Selected Reserve. 

Sec. 547. Increase in number of units of Junior Reserve Officers’ Training 

Corps. 

Sec. 548. Correction of erroneous Army College Fund benefit amounts. 

Sec. 549. Expanded authority for institutions of professional military education 

to award degrees. 

Sec. 550. Enhancing education partnerships to improve accessibility and flexibility for members of the Armed Forces. 

Subtitle F—Military Justice 

Sec. 551. Grade of Staff Judge Advocate to the Commandant of the Marine 

Corps. 

Sec. 552. Standing military protection order. 

Sec. 553. Mandatory notification of issuance of military protective order to civilian law enforcement. 

Sec. 554. Implementation of information database on sexual assault incidents 

in the Armed Forces. 

Subtitle G—Decorations, Awards, and Honorary Promotions 

Sec. 561. Replacement of military decorations. 

Sec. 562. Authorization and request for award of Medal of Honor to Richard 

L. Etchberger for acts of valor during the Vietnam War. 

Sec. 563. Advancement of Brigadier General Charles E. Yeager, United States 

Air Force (retired), on the retired list. 

Sec. 564. Advancement of Rear Admiral Wayne E. Meyer, United States Navy 

(retired), on the retired list. 

Sec. 565. Award of Vietnam Service Medal to veterans who participated in Mayaguez rescue operation. 

Sec. 566. Retroactive award of Army Combat Action Badge. 

Subtitle H—Impact Aid 

Sec. 571. Continuation of authority to assist local educational agencies that 

benefit dependents of members of the Armed Forces and Department of Defense civilian employees. 

Sec. 572. Calculation of payments under Department of Education’s Impact 

Aid program. 

Subtitle I—Military Families 

Sec. 581. Presentation of burial flag. 

Sec. 582. Education and training opportunities for military spouses. 


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Sec. 583. Sense of the Congress regarding honor guard details for funerals of 

veterans. 

Subtitle J—Other Matters 

Sec. 591. Inclusion of Reserves in providing Federal aid for State governments, 

enforcing Federal authority, and responding to major public 

emergencies. 

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. Authority to order Reserve units to active duty to provide assistance 

in response to a major disaster or emergency. 

Sec. 595. Senior Military Leadership Diversity Commission. 

Sec. 596. Limitation on simultaneous deployment to combat zones of dual-military couples who have minor dependents. 

Sec. 597. Additional funds to carry out funeral honor functions at funerals for 

veterans. 

1 Subtitle A—Officer Personnel 

2 Policy Generally 

3 SEC. 501. MANDATORY SEPARATION REQUIREMENTS FOR 

4 REGULAR WARRANT OFFICERS FOR LENGTH 

5 OF SERVICE. 

6 Section 1305(a) of title 10, United States Code, is 

7 amended— 

8 (1) by striking ‘‘A regular warrant officer who 

9 has at least 30 years of active service as a warrant 

10 officer that could be credited to him’’ and inserting 

11 ‘‘(1) A regular warrant officer (other than a regular 

12 Army warrant officer) who has at least 30 years of 

13 active service that could be credited to the officer’’; 

14 and 

15 (2) by adding at the end the following new 

16 paragraph: 


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1 ‘‘(2) In the case of a regular Army warrant officer, 

2 the calculation of years of active service under paragraph 

3 (1) shall include only years of active service as a warrant 

4 officer.’’. 

5 SEC. 502. REQUIREMENTS FOR ISSUANCE OF POSTHUMOUS 

6 COMMISSIONS AND WARRANTS. 

7 (a) POSTHUMOUS COMMISSIONS.—Section 1521 of 

8 title 10, United States Code, is amended— 

9 (1) in subsection (a), by striking ‘‘in line of 

10 duty’’ each place it appears; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(c) A commission issued under subsection (a) in con14 nection with the promotion of a deceased member to a 

15 higher commissioned grade shall require certification by 

16 the Secretary concerned that, at the time of death of the 

17 member, the member was qualified for appointment to 

18 that higher grade.’’. 

19 (b) POSTHUMOUS WARRANTS.—Section 1522(a) of 

20 such title is amended— 

21 (1) by striking ‘‘in line of duty’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(c) A warrant issued under subsection (a) in connec25 tion with the promotion of a deceased member to a higher 


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1 grade shall require a finding by the Secretary of the mili2 tary department concerned that, at the time of death of 

3 the member, the member was qualified for appointment 

4 to that higher grade.’’. 

5 SEC. 503. EXTENSION OF AUTHORITY TO REDUCE MINIMUM 

6 LENGTH OF ACTIVE SERVICE REQUIRED FOR 

7 VOLUNTARY RETIREMENT AS AN OFFICER. 

8 (a) ARMY.—Section 3911(b)(2) of title 10, United 

9 States Code, is amended by inserting after ‘‘December 31, 

10 2008,’’ the following: ‘‘and again during the one-year pe11 riod beginning on October 1, 2013,’’. 

12 (b) NAVY AND MARINE CORPS.—Section 

13 6323(a)(2)(B) of such title is amended by inserting after 

14 ‘‘December 31, 2008,’’ the following: ‘‘and again during 

15 the one-year period beginning on October 1, 2013,’’. 

16 (c) AIR FORCE.—Section 8911(b)(2) of such title is 

17 amended by inserting after ‘‘December 31, 2008,’’ the fol18 lowing: ‘‘and again during the one-year period beginning 

19 on October 1, 2013,’’. 

20 SEC. 504. INCREASE IN AUTHORIZED NUMBER OF GENERAL 

21 OFFICERS ON ACTIVE DUTY IN THE MARINE 

22 CORPS. 

23 (a) INCREASE.—Section 526(a)(4) of title 10, United 

24 States Code, is amended by striking ‘‘80’’ and inserting 

25 ‘‘81’’. 


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1 (b) CONFORMING AMENDMENTS REGARDING DIS2 TRIBUTION OF MARINE GENERAL OFFICERS.—Section 

3 525 of such title is amended— 

4 (1) in the first sentence of subsection (a), by 

5 striking ‘‘that armed force’’ and inserting ‘‘the Army 

6 or Air Force, or more than 51 percent of the general 

7 officers of the Marine Corps,’’; and 

8 (2) in subsection (b)(2)(B), by striking ‘‘17.5 

9 percent’’ and inserting ‘‘19 percent’’. 

10 Subtitle B—Reserve Component 

11 Management 

12 SEC. 511. EXTENSION TO ALL MILITARY DEPARTMENTS OF 

13 AUTHORITY TO DEFER MANDATORY SEPARA14 TION OF MILITARY TECHNICIANS (DUAL STA15 TUS). 

16 Section 10216(f) of title 10, United States Code, is 

17 amended by striking ‘‘Secretary of the Army’’ and insert18 ing ‘‘Secretary concerned’’. 

19 SEC. 512. INCREASE IN AUTHORIZED STRENGTHS FOR MA20 RINE CORPS RESERVE OFFICERS ON ACTIVE 

21 DUTY IN THE GRADES OF MAJOR AND LIEU22 TENANT COLONEL TO MEET FORCE STRUC23 TURE REQUIREMENTS. 

24 The table in section 12011(a) of title 10, United 

25 States Code, relating to the number of officers of a reserve 


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1 component who may be serving in certain grades given the 

2 total number of members of that reserve component serv3 ing on full-time reserve component duty, is amended by 

4 striking the portion of the table relating to the Marine 

5 Corps Reserve and inserting the following: 

‘‘Marine Corps Reserve: Major Lieutenant Colonel Colonel 

1,100 ......... 99 63 20

1,200 ......... 103 67 21

1,300 ......... 107 70 22

1,400 ......... 111 73 23

1,500 ......... 114 76 24

1,600 ......... 117 79 25

1,700 ......... 120 82 26

1,800 ......... 123 85 27

1,900 ......... 126 88 28

2,000 ......... 129 91 29

2,100 ......... 132 94 30

2,200 ......... 134 97 31

2,300 ......... 136 99 32

2,400 ......... 138 101 33

2,500 ......... 140 103 34

2,600 ......... 142 105 35’’. 

6 SEC. 513. CLARIFICATION OF AUTHORITY TO CONSIDER 

7 FOR A VACANCY PROMOTION NATIONAL 

8 GUARD OFFICERS ORDERED TO ACTIVE DUTY 

9 IN SUPPORT OF A CONTINGENCY OPER10 ATION. 

11 (a) ADDITIONAL EXCEPTION.—Subsection (d) of sec12 tion 14317 of title 10, United States Code, is amended— 

13 (1) in the first sentence— 

14 (A) by striking ‘‘Except’’ and inserting 

15 ‘‘(1) Except’’; 

16 (B) by striking ‘‘unless the officer is or17 dered’’ and inserting ‘‘unless the officer— 

18 ‘‘(A) is ordered’’; 


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1 (C) by striking the period at the end and 

2 inserting ‘‘; or’’; and 

3 (D) by adding at the end the following new 

4 subparagraph: 

5 ‘‘(B) has been ordered to or is serving on active 

6 duty in support of a contingency operation.’’; and 

7 (2) in the second sentence, by striking ‘‘If’’ and 

8 inserting the following: 

9 ‘‘(2) If’’. 

10 (b) CONSIDERATION FOR PROMOTION BY EXAMINA11 TION FOR FEDERAL RECOGNITION.—Subsection (e)(1)(B) 

12 of such section is amended by inserting before the period 

13 at the end the following: ‘‘, or by examination for Federal 

14 recognition under title 32’’. 

15 SEC. 514. INCREASE IN MANDATORY RETIREMENT AGE FOR 

16 CERTAIN RESERVE OFFICERS. 

17 (a) SELECTIVE SERVICE AND PROPERTY AND FISCAL

18 OFFICERS.—Section 12647 of title 10, United States 

19 Code, is amended by striking ‘‘60 years’’ and inserting 

20 ‘‘62 years’’. 

21 (b) CERTAIN RESERVE OFFICERS IN GRADES OF

22 MAJOR THROUGH BRIGADIER GENERAL.— 

23 (1) INCREASED AGE.—Section 14702(b) of such 

24 title is amended— 


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1 (A) in the subsection heading, by striking 

2 ‘‘AT AGE 60’’ and inserting ‘‘FOR AGE’’; and 

3 (B) by striking ‘‘subsection (a)(1) or 

4 (a)(2).’’ and all that follows through the period 

5 at the end of the last sentence and inserting the 

6 following: ‘‘paragraph (1) or (2) of subsection 

7 (a). An officer described in paragraph (1) of 

8 such subsection may not be retained under this 

9 section after the last day of the month in which 

10 the officer becomes 62 years of age. An officer 

11 described in paragraph (2) of such subsection 

12 may not be retained under this section after the 

13 last day of the month in which the officer be14 comes 60 years of age.’’. 

15 (c) CLERICAL AMENDMENTS.— 

16 (1) SECTION HEADING.—The heading of section 

17 14702 of such title is amended to read as follows: 

18 ‘‘§ 14702. Retention on reserve active-status list of 

19 certain officers in the grade of major, 

20 lieutenant colonel, colonel, or brigadier 

21 general’’. 

22 (2) TABLE OF SECTIONS.—The table of sections 

23 at the beginning of chapter 1409 of such title is 

24 amended by striking the item relating to section 

25 14702 and inserting the following new item: 


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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.’’. 

1 SEC. 515. AGE LIMIT FOR RETENTION OF CERTAIN RE2 SERVE OFFICERS ON ACTIVE-STATUS LIST AS 

3 EXCEPTION TO REMOVAL FOR YEARS OF 

4 COMMISSIONED SERVICE. 

5 Section 14508 of title 10, United States Code, is 

6 amended— 

7 (1) by redesignating subsection (g) as sub8 section (h); and 

9 (2) by inserting after subsection (f) the fol10 lowing new subsection (g): 

11 ‘‘(g) RETENTION OF LIEUTENANT GENERALS.—A 

12 reserve officer of the Army or Air Force in the grade of 

13 lieutenant general who would otherwise be removed from 

14 an active status under subsection (c) may, in the discre15 tion of the Secretary of the Army or the Secretary of the 

16 Air Force, as the case may be, be retained in an active 

17 status, but not later than the date on which the officer 

18 becomes 66 years of age.’’. 

19 SEC. 516. AUTHORITY TO RETAIN RESERVE CHAPLAINS 

20 AND OFFICERS IN MEDICAL AND RELATED 

21 SPECIALTIES UNTIL AGE 68. 

22 (a) RESERVE CHAPLAINS AND MEDICAL OFFI23 CERS.—Section 14703(b) of title 10, United States Code, 


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1 is amended by striking ‘‘67 years’’ and inserting ‘‘68 

2 years’’. 

3 (b) NATIONAL GUARD CHAPLAINS AND MEDICAL OF4 FICERS.—Section 324 of title 32, United States Code, is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(c) Notwithstanding subsection (a)(1), an officer of 

8 the National Guard serving as a chaplain, medical officer, 

9 dental officer, nurse, veterinarian, Medical Service Corps 

10 officer, or biomedical sciences officer may be retained, 

11 with the officer’s consent, until the date on which the offi12 cer becomes 68 years of age.’’. 

13 SEC. 517. STUDY AND REPORT REGARDING PERSONNEL 

14 MOVEMENTS IN MARINE CORPS INDIVIDUAL 

15 READY RESERVE. 

16 The Secretary of the Navy shall conduct a study to 

17 analyze the policies and procedures used by the Marine 

18 Corps Reserve during fiscal years 2001 through 2008 for 

19 the movement of personnel in and out of the Individual 

20 Ready Reserve. Not later than 90 days after the date of 

21 the enactment of this Act, the Secretary shall submit to 

22 the congressional defense committees a report containing 

23 the results of the study. 


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1 Subtitle C—Joint Qualified Officers 

2 and Requirements 

3 SEC. 521. JOINT DUTY REQUIREMENTS FOR PROMOTION TO 

4 GENERAL OR FLAG OFFICER. 

5 (a) IN GENERAL.—Section 619a of title 10, United 

6 States Code, is amended— 

7 (1) in subsection (a), by striking ‘‘unless—’’ 

8 and all that follows through ‘‘the joint specialty’’ 

9 and inserting ‘‘unless the officer has been designated 

10 as a Joint Qualified Officer’’; 

11 (2) in subsection (b)— 

12 (A) by striking ‘‘paragraph (1) or para13 graph (2) of subsection (a), or both paragraphs 

14 (1) and (2) of subsection (a),’’ in the matter 

15 preceding paragraph (1) and inserting ‘‘sub16 section (a)’’; and 

17 (B) in paragraph (4), by striking ‘‘within 

18 that immediate organization is not less than 

19 two years’’ and inserting ‘‘is not less than two 

20 years and the officer has successfully completed 

21 a program of education described in subsections 

22 (b) and (c) of section 2155 of this title’’; and 

23 (3) by striking subsection (h). 

24 (b) CLERICAL AMENDMENTS.— 


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1 (1) SECTION HEADING.—The heading of such 

2 section is amended to read as follows: 

3 ‘‘§ 619a. Eligibility for consideration for promotion: 

4 designation as Joint Qualified Officer re5 quired before promotion to general or 

6 flag grade; exceptions’’. 

7 (2) TABLE OF SECTIONS.—The table of sections 

8 at the beginning of subchapter II of chapter 36 of 

9 such title is amended by striking the item relating 

10 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.’’. 

11 SEC. 522. TECHNICAL, CONFORMING, AND CLERICAL 

12 CHANGES TO JOINT SPECIALTY TERMI13 NOLOGY. 

14 (a) REFERENCE TO JOINT QUALIFIED OFFICER.— 

15 (1) IN GENERAL.—Subsection (a) of section 

16 661 of title 10, United States Code, is amended in 

17 the second sentence by striking ‘‘in such manner as 

18 the Secretary of Defense directs’’ and inserting ‘‘as 

19 a Joint Qualified Officer or in such other manner as 

20 the Secretary of Defense directs’’. 

21 (2) SECTION HEADING.—The heading of such 

22 section is amended to read as follows: 


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1 ‘‘§ 661. Management policies for Joint Qualified Offi2 cers’’. 

3 (3) TABLE OF SECTIONS.—The table of sections 

4 at the beginning of chapter 38 of such title is 

5 amended by striking the item related to section 661 

6 and inserting the following new item: 

‘‘661. Management policies for Joint Qualified Officers.’’. 

7 (b) JOINT DUTY ASSIGNMENTS AFTER COMPLETION

8 OF JOINT PROFESSIONAL MILITARY EDUCATION.—Sec9 tion 663 of title 10, United States Code, is amended— 

10 (1) in subsection (a)— 

11 (A) in the subsection heading, by striking 

12 ‘‘JOINT SPECIALTY’’ and inserting ‘‘JOINT

13 QUALIFIED’’; and 

14 (B) by striking ‘‘with the joint specialty’’ 

15 and inserting ‘‘designated as a Joint Qualified 

16 Officer’’; and 

17 (2) in subsection (b)(1), by striking ‘‘do not 

18 have the joint specialty’’ and inserting ‘‘are not des19 ignated as a Joint Qualified Officer’’. 

20 (c) PROCEDURES FOR MONITORING CAREERS OF

21 JOINT QUALIFIED OFFICERS.— 

22 (1) IN GENERAL.—Section 665 of such title is 

23 amended— 


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1 (A) in subsection (a)(1)(A), by striking 

2 ‘‘with the joint specialty’’ and inserting ‘‘des3 ignated as a Joint Qualified Officer’’; and 

4 (B) in subsection (b)(1), by striking ‘‘with 

5 the joint specialty’’ and inserting ‘‘designated 

6 as a Joint Qualified Officer’’. 

7 (2) SECTION HEADING.—The heading of such 

8 section is amended to read as follows: 

9 ‘‘§ 665. Procedures for monitoring careers of Joint 

10 Qualified Officers’’. 

11 (3) TABLE OF SECTIONS.—The table of sections 

12 at the beginning of chapter 38 of such title is 

13 amended by striking the item related to section 665 

14 and inserting the following new item: 

‘‘665. Procedures for monitoring careers of Joint Qualified Officers.’’. 

15 (d) JOINT SPECIALTY TERMINOLOGY IN ANNUAL

16 REPORT.—Section 667 of title 10, United States Code, 

17 is amended— 

18 (1) in paragraph (1)— 

19 (A) in subparagraph (A), by striking ‘‘se20 lected for the joint specialty’’ and inserting 

21 ‘‘designated as a Joint Qualified Officer’’; and 

22 (B) in subparagraph (B), by striking ‘‘se23 lection for the joint specialty’’ and inserting 

24 ‘‘designation as a Joint Qualified Officer,’’; 


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1 (2) in paragraph (2), by striking ‘‘with the joint 

2 specialty’’ and inserting ‘‘designated as a Joint 

3 Qualified Officer’’; 

4 (3) in paragraph (3), by striking ‘‘selected for 

5 the joint specialty’’ each place it appears and insert6 ing ‘‘designated as a Joint Qualified Officer’’; 

7 (4) in paragraph (4)— 

8 (A) in subparagraph (A), by striking ‘‘se9 lected for the joint specialty’’ and inserting 

10 ‘‘designated as a Joint Qualified Officer’’; and 

11 (B) by striking subparagraph (B) and in12 serting the following new subparagraph: 

13 ‘‘(B) a comparison of the number of offi14 cers who were designated as a Joint Qualified 

15 Officer who had served in a Joint Duty Assign16 ment List billet and completed Joint Profes17 sional Military Education Phase II, with the 

18 number designated as a Joint Qualified Officer 

19 based on their aggregated joint experiences and 

20 completion of Joint Professional Military Edu21 cation Phase II.’’; 

22 (5) by striking paragraphs (5) through (10), 

23 (13), and (16), and redesignating paragraphs (11), 

24 (12), (14) (15), (17), and (18) as paragraphs (7), 

25 (8), (9), (10), (12), and (13), respectively; 


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1 (6) by inserting after paragraph (4) the fol2 lowing new paragraphs: 

3 ‘‘(5) The promotion rate for officers designated 

4 as a Joint Qualified Officer, compared with the pro5 motion rate for other officers considered for pro6 motion from within the promotion zone in the same 

7 pay grade and the same competitive category. A 

8 similar comparison will be made for officers both 

9 below the promotion zone and above the promotion 

10 zone. 

11 ‘‘(6) An analysis of assignments of officers 

12 after their designation as a Joint Qualified Officer.’’; 

13 and 

14 (7) by inserting after paragraph (10), as redes15 ignated by paragraph (5), the following new para16 graph: 

17 ‘‘(11) The number of officers in the grade of 

18 captain (or in the case of the Navy, lieutenant) and 

19 above, certified at each level of joint qualification as 

20 established in regulation and policy by the Secretary 

21 of Defense with the advice of the Chairman of the 

22 Joint Chiefs of Staff. Such numbers shall be re23 ported by service and grade of the officer.’’. 


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1 SEC. 523. PROMOTION POLICY OBJECTIVES FOR JOINT 

2 QUALIFIED OFFICERS. 

3 Section 662 of title 10, United States Code, is 

4 amended— 

5 (1) in subsection (a), by striking ‘‘that—’’ and 

6 all that follows through ‘‘served in joint duty assign7 ments’’ and inserting ‘‘that officers in the grade of 

8 major (or in the case of the Navy, lieutenant com9 mander) or above who are designated as a Joint 

10 Qualified Officer’’; and 

11 (2) in subsection (b), by striking ‘‘officers who 

12 are serving in, or have served in, joint duty assign13 ments, especially with respect to the record of officer 

14 selection boards in meeting the objectives of para15 graphs (1) and (2) of subsection (a).’’ and inserting 

16 ‘‘officers in the grades of major (or in the case of 

17 the Navy, lieutenant commander) through colonel 

18 (or in the case of the Navy, captain) who are des19 ignated as a Joint Qualified Officer, especially with 

20 respect to the record of officer selection boards in 

21 meeting the objective of subsection (a).’’. 

22 SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS. 

23 (a) SERVICE EXCLUDED FROM TOUR LENGTH.— 

24 Subsection (d) of section 664 of title 10, United States 

25 Code, is amended— 


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1 (1) in paragraph (1), by striking subparagraph 

2 (D) and inserting the following new subparagraph: 

3 ‘‘(D) a qualifying reassignment from a 

4 joint duty assignment— 

5 ‘‘(i) for unusual personal reasons, in6 cluding extreme hardship and medical con7 ditions, beyond the control of the officer or 

8 the armed forces; or 

9 ‘‘(ii) to another joint duty assignment 

10 immediately after— 

11 ‘‘(I) the officer was promoted to 

12 a higher grade, if the reassignment 

13 was made because no joint duty as14 signment was available within the 

15 same organization that was commen16 surate with the officer’s new grade; or 

17 ‘‘(II) the officer’s position was 

18 eliminated in a reorganization.’’; and 

19 (2) by striking paragraph (3) and inserting the 

20 following new paragraph: 

21 ‘‘(3) Service in a joint duty assignment in a 

22 case in which the officer’s tour of duty in that as23 signment brings the officer’s accrued service for pur24 poses of subsection (f)(3) to the applicable standard 

25 prescribed in subsection (a).’’. 


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1 (b) COMPUTING AVERAGE LENGTH OF JOINT DUTY

2 ASSIGNMENTS.—Subsection (e) of such section is amend3 ed by striking paragraph (2) and inserting the following 

4 new paragraph: 

5 ‘‘(2) In computing the average length of joint duty 

6 assignments for purposes of paragraph (1), the Secretary 

7 may exclude the following service: 

8 ‘‘(A) Service described in subsection (c). 

9 ‘‘(B) Service described in subsection (d). 

10 ‘‘(C) Service described in subsection (f)(6).’’. 

11 (c) COMPLETION OF TOUR OF DUTY.—Subsection (f) 

12 of such section is amended— 

13 (1) in paragraph (3), by striking ‘‘Cumulative 

14 service’’ and inserting ‘‘Accrued joint experience’’; 

15 (2) in paragraph (4), by striking ‘‘(except’’ and 

16 all that follows through ‘‘any time)’’; and 

17 (3) by striking paragraph (6) and inserting the 

18 following new paragraph: 

19 ‘‘(6) A second and subsequent joint duty as20 signment that is less than the period required under 

21 subsection (a), but not less than two years.’’. 

22 (d) ACCRUED JOINT EXPERIENCE AS FULL TOUR OF

23 DUTY.—Subsection (g) of such section is amended to read 

24 as follows: 


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1 ‘‘(g) ACCRUED JOINT EXPERIENCE.—For the pur2 poses of subsection (f)(3), the Secretary of Defense may 

3 prescribe, by regulation, certain joint experience, such as 

4 temporary duty in joint assignments, joint individual 

5 training, and participation in joint exercises, that may be 

6 aggregated to equal a full tour of duty. The Secretary 

7 shall prescribe the regulations with the advice of the 

8 Chairman of the Joint Chiefs of Staff.’’. 

9 (e) CONSTRUCTIVE CREDIT.—Subsection (h) of such 

10 section is amended— 

11 (1) in paragraph (1), by striking ‘‘subsection 

12 (f)(1), (f)(2), (f)(4), or (g)(2)’’ and inserting ‘‘para13 graphs (1), (2), and (4) of subsection (f)’’; and 

14 (2) by striking paragraph (3). 

15 (f) REPEAL OF JOINT DUTY CREDIT FOR CERTAIN

16 JOINT TASK FORCE ASSIGNMENTS.—Such section is fur17 ther amended by striking subsection (i). 

18 SEC. 525. DESIGNATION OF GENERAL AND FLAG OFFICER 

19 POSITIONS ON JOINT STAFF AS POSITIONS 

20 TO BE HELD ONLY BY RESERVE COMPONENT 

21 OFFICERS. 

22 Section 526(b)(2)(A) of title 10, United States Code, 

23 is amended by striking ‘‘a general and flag officer posi24 tion’’ and inserting ‘‘up to three general and flag officer 

25 positions’’. 


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1 SEC. 526. TREATMENT OF CERTAIN SERVICE AS JOINT 

2 DUTY EXPERIENCE. 

3 (a) VICE CHIEFS, ARMY AND AIR NATIONAL

4 GUARD.—Section 10506(a)(3) of title 10, United States 

5 Code is amended— 

6 (1) by redesignating subparagraphs (C), (D), 

7 and (E) as subparagraphs (D), (E), and (F), respec8 tively; and 

9 (2) by inserting after subparagraph (B) the fol10 lowing new subparagraph (C): 

11 ‘‘(C) Service of an officer as adjutant general shall 

12 be treated as joint duty experience for purposes of assign13 ment or promotion to any position designated by law as 

14 open to a National Guard general officer.’’. 

15 (b) ADJUTANTS GENERAL AND SIMILAR OFFI16 CERS.—The service of an officer of the Armed Forces as 

17 adjutant general, or as an officer (other than adjutant 

18 general) of the National Guard of a State who performs 

19 the duties of adjutant general under the laws of such 

20 State, shall be treated as joint duty or joint duty experi21 ence for purposes of any provisions of law required such 

22 duty or experience as a condition of assignment or pro23 motion. 

24 (c) REPORT ON DUTY IN JOINT FORCE HEAD25 QUARTERS TO QUALIFY AS JOINT DUTY EXPERIENCE.— 

26 Not later than April 1, 2009, the Chief of the National 


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1 Guard Bureau shall, in consultation with the adjutants 

2 general of the National Guard, submit to the Chairman 

3 of the Joint Chiefs of Staff and to Congress a report set4 ting forth the recommendations of the Chief of the Na5 tional Guard Bureau as to which duty of officers of the 

6 National Guard in the Joint Force Headquarters of the 

7 National Guard of the States should qualify as joint duty 

8 or joint duty experience for purposes of the provisions of 

9 law requiring such duty or experience as a condition of 

10 assignment or promotion. 

11 (d) REPORTS ON JOINT EDUCATION COURSES.—Not 

12 later than April 1 of each of 2009, 2010, and 2011, the 

13 Chairman of the Joint Chiefs of Staff shall submit to Con14 gress a report setting forth information on the joint edu15 cation courses available through the Department of De16 fense for purposes of the pursuit of joint careers by offi17 cers in the Armed Forces. Each report shall include, for 

18 the preceding year, the following: 

19 (1) A list and description of the joint education 

20 courses so available during such year. 

21 (2) A list and description of the joint education 

22 courses listed under paragraph (1) that are available 

23 to and may be completed by officers of the reserve 

24 components of the Armed Forces in other than an 


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1 in-resident duty status under title 10 or 32, United 

2 States Code. 

3 (3) For each course listed under paragraph (1), 

4 the number of officers from each Armed Force who 

5 pursued such course during such year, including the 

6 number of officers of the Army National Guard, and 

7 of the Air National Guard, who pursued such course. 

8 (e) MEMORANDUM OF UNDERSTANDING REGARDING

9 THE UNITED STATES NORTHERN COMMAND AND OTHER

10 COMBATANT COMMANDS.— 

11 (1) MEMORANDUM REQUIRED.—Not later than 

12 180 days after the date of the enactment of this Act, 

13 the Commander of the United States Northern Com14 mand, the Commander of the United States Pacific 

15 Command, and the Chief of the National Guard Bu16 reau shall, with the approval of the Secretary of De17 fense, jointly enter into a memorandum of under18 standing setting forth the operational relationships, 

19 and individual roles and responsibilities, during re20 sponses to domestic emergencies among the United 

21 States Northern Command, the United States Pa22 cific Command, and the National Guard Bureau. 

23 (2) MODIFICATION.—The Commander of the 

24 United States Northern Command, the Commander 

25 of the United States Pacific Command, and the 


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1 Chief of the National Guard Bureau may from time 

2 to time modify the memorandum of understanding 

3 under this subsection to address changes in cir4 cumstances and for such other purposes as the Com5 mander of the United States Northern Command, 

6 the Commander of the United States Pacific Com7 mand, and the Chief of the National Guard Bureau 

8 jointly consider appropriate. Each such modification 

9 shall be subject to the approval of the Secretary of 

10 Defense. 

11 (f) REPORT ON DEFENSE OF THE HOMELAND.— 

12 (1) REVIEW.—The Secretary of Defense, in 

13 consultation with the Chief of the National Guard 

14 Bureau, shall conduct a review of the role of the De15 partment of Defense in the defense of the homeland. 

16 In conducting that review, the Secretary shall— 

17 (A) assess section II of the Final Report to 

18 Congress and the Secretary of Defense of the 

19 Commission on the National Guard and Re20 serves, dated January 31, 2008, and titled 

21 ‘‘Transforming the National Guard and Re22 serves into a 21st-Century Operational Force’’; 

23 and 


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1 (B) comment on recommendation number 

2 2 under section II of the report described in 

3 subparagraph (A). 

4 (2) REPORT.—Not later than April 1, 2009, the 

5 Secretary of Defense shall issue to the Committee on 

6 Armed Services of the Senate and the Committee on 

7 Armed Services of the House of Representatives a 

8 report on the review. 

9 Subtitle D—General Service 

10 Authorities 

11 SEC. 531. INCREASE IN AUTHORIZED MAXIMUM REENLIST12 MENT TERM. 

13 (a) INCREASE TO EIGHT-YEAR MAXIMUM.—Section 

14 505(d) of title 10, United States Code, is amended— 

15 (1) in paragraph (2), by striking ‘‘six years’’ 

16 and inserting ‘‘eight years’’; and 

17 (2) in paragraph (3)(A), by striking ‘‘six years’’ 

18 and inserting ‘‘eight years’’. 

19 (b) CONFORMING AMENDMENT REGARDING REEN20 LISTMENT BONUS.—Section 308(a)(2)(ii) of title 37, 

21 United States Code, is amended by striking ‘‘not to exceed 

22 six’’. 


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1 SEC. 532. CAREER INTERMISSION PILOT PROGRAM. 

2 (a) PROGRAM AUTHORIZED.—Chapter 40 of title 10, 

3 United States Code, is amended by inserting after section 

4 708 the following new section: 

5 ‘‘§ 708a. Career intermission pilot program 

6 ‘‘(a) PROGRAM AUTHORIZED.—(1) The Secretary of 

7 a military department may establish a pilot program 

8 under which an officer or enlisted member of an armed 

9 force under the jurisdiction of the Secretary— 

10 ‘‘(A) is released from active duty for a period 

11 not to exceed the period specified in subsection 

12 (c)(1) to meet personal or professional needs of the 

13 member; 

14 ‘‘(B) is transferred to the Ready Reserve of 

15 that armed force during such period, as provided in 

16 subsection (d); and 

17 ‘‘(C) is returned to active duty at the end of 

18 such period, as provided in subsection (c)(2). 

19 ‘‘(2) The pilot program shall be known as the ‘Career 

20 Intermission Pilot Program’ (in this section referred to as 

21 the ‘program’). 

22 ‘‘(b) NUMBER OF PARTICIPANTS.—No more than 20 

23 officers and 20 enlisted members of each armed force 

24 under the jurisdiction of the Secretary of a military de25 partment may be selected per year for participation in the 

26 program. 


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1 ‘‘(c) MAXIMUM DURATION OF ABSENCE; RETURN TO

2 ACTIVE DUTY.—(1) The period during which a member 

3 participating in the program will be released from active 

4 duty shall be agreed upon by the Secretary concerned and 

5 the member, but the period may not exceed three years 

6 from the date of the member’s release from active duty. 

7 ‘‘(2) A member participating in the program shall re8 turn to active duty at the end of the agreed-upon period 

9 or such earlier date as the member may request. 

10 ‘‘(d) RESERVE AGREEMENT.—(1) Before being re11 leased from active duty under the program, a member par12 ticipating in the program shall— 

13 ‘‘(A) be appointed or enlisted in the Ready Re14 serve for the member’s armed force; and 

15 ‘‘(B) enter into an agreement with the Sec16 retary concerned to serve on active duty in a regular 

17 or reserve component, as determined by the Sec18 retary, for a period of not less than two months for 

19 every month of program participation following the 

20 member’s return to active duty. 

21 ‘‘(2) During the period of release from active duty, 

22 a member participating in the program shall report at 

23 least once per month to a location designated by the Sec24 retary concerned and be required to maintain the job speVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 cialty qualifications the member held immediately before 

2 being released from active duty under the program. 

3 ‘‘(3) The Secretary of Defense shall issue regulations 

4 specifying the guidelines regarding the conditions of re5 lease that must be considered and addressed in the agree6 ment required by this subsection. At a minimum, the Sec7 retary shall prescribe the procedures and standards to be 

8 used to instruct a member on the obligations to be as9 sumed by the member under paragraph (2) while the 

10 member is released from active duty. 

11 ‘‘(e) EXCLUSION OF TIME IN PROGRAM.—Time spent 

12 in the program shall not count toward— 

13 ‘‘(1) determining eligibility for retirement or 

14 transfer to the Ready Reserve under chapter 367, 

15 571, 867, or 1223 of this title; 

16 ‘‘(2) computation of retired or retainer pay 

17 under chapter 71 or chapter 1223 of this title; or 

18 ‘‘(3) computation of total years of commis19 sioned service under section 14706 of this title. 

20 ‘‘(f) MEDICAL AND DENTAL CARE.—While a member 

21 is participating in the program, the member shall remain 

22 entitled to medical and dental care on the same basis as 

23 a member of the armed forces on active duty, and depend24 ents of a member participating in the program shall re25 main entitled to medical and dental care on the same basis 


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1 as the dependents of a member of the armed forces on 

2 active duty. 

3 ‘‘(g) PROMOTION ELIGIBILITY.—(1) An officer par4 ticipating in the program shall not be eligible for consider5 ation for promotion under chapter 36 or 1405 of this title 

6 during the period of the officer’s release from active duty. 

7 Upon return to active duty— 

8 ‘‘(A) the officer’s date of rank shall be adjusted 

9 to a later date under regulations prescribed by the 

10 Secretary of Defense; and 

11 ‘‘(B) the officer shall be eligible for consider12 ation for promotion when officers of the same com13 petitive category, grade, and seniority are eligible for 

14 consideration. 

15 ‘‘(2) An enlisted member participating in the pro16 gram is ineligible for consideration for promotion during 

17 the period of the member’s release from active duty and 

18 until such time after the member’s return to active duty 

19 when the member becomes eligible for promotion by rea20 son of time in grade and such other requirements as may 

21 be specified in regulations. 

22 ‘‘(h) BASIC PAY.—For each month during which a 

23 member is released from active duty under the program, 

24 the member is entitled to two times one-thirtieth of the 

25 basic pay to which the member would be otherwise entitled 


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1 based on grade and years of service if the member re2 mained on active duty. 

3 ‘‘(i) TRAVEL AND TRANSPORTATION ALLOW4 ANCES.—(1) Notwithstanding any other provision of law, 

5 a member participating in the program is entitled to the 

6 travel and transportation allowances under section 404 of 

7 title 37 for travel— 

8 ‘‘(A) performed from the member’s location, at 

9 the time of the member’s release from active duty 

10 under the program, to the location in the United 

11 States designated as the member’s permanent resi12 dence; and 

13 ‘‘(B) performed in connection with the mem14 ber’s return to active duty. 

15 ‘‘(2) An allowance will be paid under this subsection 

16 for travel to and from only one residence. 

17 ‘‘(j) SPECIAL AND INCENTIVE PAYS AND BO18 NUSES.—While released from active duty under the pro19 gram, a member may not receive any special or incentive 

20 pay or bonus under chapter 5 of title 37 to which the 

21 member would otherwise be entitled. When the member 

22 returns to active duty after the period of participation in 

23 the program, the member shall receive all of the special 

24 and incentive pays that the member was receiving before 


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1 being released from active duty and for which the member 

2 remains qualified to receive upon the return to active duty. 

3 ‘‘(k) DURATION OF PROGRAM AUTHORITY.—The au4 thority to conduct the program commences on January 1, 

5 2009, and no member may be released from active duty 

6 under the program after December 31, 2014.’’. 

7 (b) EXCLUSION FROM COMPUTATION OF RESERVE

8 OFFICER’S TOTAL YEARS OF SERVICE.—Section 

9 14706(a) of such title is amended by adding at the end 

10 the following new paragraph: 

11 ‘‘(4) Service while participating in the Career 

12 Intermission Pilot Program under section 708a of 

13 this title.’’. 

14 (c) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 40 of such title is amended 

16 by inserting after the item relating to section 708 the fol17 lowing new item: 

‘‘708a. Career intermission pilot program.’’. 


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1 Subtitle E—Education and 

2 Training 

3 SEC. 541. REPEAL OF PROHIBITION ON PHASED INCREASE 

4 IN MIDSHIPMEN AND CADET STRENGTH 

5 LIMIT AT UNITED STATES NAVAL ACADEMY 

6 AND AIR FORCE ACADEMY. 

7 (a) NAVAL ACADEMY.—Section 6954(h)(1) of title 

8 10, United States Code, is amended by striking the last 

9 sentence. 

10 (b) AIR FORCE ACADEMY.—Section 9342(j)(1) of 

11 title 10, United States Code, is amended by striking the 

12 last sentence. 

13 SEC. 542. PROMOTION OF FOREIGN AND CULTURAL EX14 CHANGE ACTIVITIES AT MILITARY SERVICE 

15 ACADEMIES. 

16 (a) UNITED STATES MILITARY ACADEMY.— 

17 (1) IN GENERAL.—Chapter 403 of title 10, 

18 United States Code, is amended by inserting after 

19 section 4345 the following new section: 

20 ‘‘§ 4345a. Foreign and cultural exchange activities 

21 ‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of 

22 the Army may authorize the Academy to permit students, 

23 officers, and other representatives of a foreign country to 

24 attend the Academy for periods of not more than two 

25 weeks if the Secretary determines that the attendance of 


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1 such persons contributes significantly to the development 

2 of foreign language, cross cultural interactions and under3 standing, and cultural immersion of cadets. 

4 ‘‘(b) COSTS AND EXPENSES.—The Secretary may 

5 pay the travel, subsistence, and similar personal expenses 

6 of persons incurred to attend the Academy under sub7 section (a). 

8 ‘‘(c) EFFECT OF ATTENDANCE.—Persons attending 

9 the Academy under subsection (a) are not considered to 

10 be students enrolled at the Academy and are in addition 

11 to persons receiving instruction at the Academy under sec12 tion 4344 or 4345 of this title. 

13 ‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The 

14 Academy shall bear the costs of the attendance of persons 

15 under subsection (a) from funds appropriated for the 

16 Academy and from such additional funds as may be avail17 able to the Academy from a source, other than appro18 priated funds, to support cultural immersion, regional 

19 awareness, or foreign language training activities in con20 nection with their attendence. 

21 ‘‘(2) Expenditures from appropriated funds in sup22 port of activities under this section may not exceed 

23 $40,000 during any fiscal year.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of such chapter is amended 


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1 by inserting after the item relating to section 4345 

2 the following new item: 

‘‘4345a. Foreign and cultural exchange activities.’’. 

3 (b) NAVAL ACADEMY.— 

4 (1) IN GENERAL.—Chapter 603 of title 10, 

5 United States Code, is amended by inserting after 

6 section 6957a the following new section: 

7 ‘‘§ 6957b. Foreign and cultural exchange activities 

8 ‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of 

9 the Navy may authorize the Naval Academy to permit stu10 dents, officers, and other representatives of a foreign 

11 country to attend the Naval Academy for periods of not 

12 more than two weeks if the Secretary determines that the 

13 attendance of such persons contributes significantly to the 

14 development of foreign language, cross cultural inter15 actions and understanding, and cultural immersion of 

16 midshipmen. 

17 ‘‘(b) COSTS AND EXPENSES.—The Secretary may 

18 pay the travel, subsistence, and similar personal expenses 

19 of persons incurred to attend the Naval Academy under 

20 subsection (a). 

21 ‘‘(c) EFFECT OF ATTENDANCE.—Persons attending 

22 the Naval Academy under subsection (a) are not consid23 ered to be students enrolled at the Naval Academy and 

24 are in addition to persons receiving instruction at the 

25 Naval Academy under section 6957 or 6957a of this title. 


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1 ‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The 

2 Naval Academy shall bear the costs of the attendance of 

3 persons under subsection (a) from funds appropriated for 

4 the Naval Academy and from such additional funds as 

5 may be available to the Naval Academy from a source, 

6 other than appropriated funds, to support cultural immer7 sion, regional awareness, or foreign language training ac8 tivities in connection with their attendence. 

9 ‘‘(2) Expenditures from appropriated funds in sup10 port of activities under this section may not exceed 

11 $40,000 during any fiscal year.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is amended 

14 by inserting after the item relating to section 6957a 

15 the following new item: 

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

16 (c) AIR FORCE ACADEMY.— 

17 (1) IN GENERAL.—Chapter 903 of title 10, 

18 United States Code, is amended by inserting after 

19 section 9345 the following new section: 

20 ‘‘§ 9345a. Foreign and cultural exchange activities 

21 ‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of 

22 the Air Force may authorize the Air Force Academy to 

23 permit students, officers, and other representatives of a 

24 foreign country to attend the Air Force Academy for peri25 ods of not more than two weeks if the Secretary deterVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 mines that the attendance of such persons contributes sig2 nificantly to the development of foreign language, cross 

3 cultural interactions and understanding, and cultural im4 mersion of cadets. 

5 ‘‘(b) COSTS AND EXPENSES.—The Secretary may 

6 pay the travel, subsistence, and similar personal expenses 

7 of persons incurred to attend the Air Force Academy 

8 under subsection (a). 

9 ‘‘(c) EFFECT OF ATTENDANCE.—Persons attending 

10 the Air Force Academy under subsection (a) are not con11 sidered to be students enrolled at the Air Force Academy 

12 and are in addition to persons receiving instruction at the 

13 Air Force Academy under section 9344 or 9345 of this 

14 title. 

15 ‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The Air 

16 Force Academy shall bear the costs of the attendance of 

17 persons under subsection (a) from funds appropriated for 

18 the Air Force Academy and from such additional funds 

19 as may be available to the Air Force Academy from a 

20 source, other than appropriated funds, to support cultural 

21 immersion, regional awareness, or foreign language train22 ing activities in connection with their attendence. 

23 ‘‘(2) Expenditures from appropriated funds in sup24 port of activities under this section may not exceed 

25 $40,000 during any fiscal year.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by inserting after the item relating to section 9345 

4 the following new item: 

‘‘9345a. Foreign and cultural exchange activities.’’. 

5 SEC. 543. COMPENSATION FOR CIVILIAN PRESIDENT OF 

6 NAVAL POSTGRADUATE SCHOOL. 

7 Section 7042 of title 10, United States Code, is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(c)(1) If the individual holding the position of Presi11 dent of the Naval Postgraduate School is a civilian, the 

12 Secretary shall pay the individual such compensation for 

13 the individual’s service as President as the Secretary pre14 scribes, except that— 

15 ‘‘(A) basic pay for the President may not ex16 ceed the rate of compensation authorized for posi17 tions in level I of the Executive Schedule under sec18 tion 5312 of title 5; and 

19 ‘‘(B) total aggregate compensation for the 

20 President, including bonuses, awards, allowances, or 

21 other similar cash payments, may not exceed the 

22 total annual compensation payable under section 

23 104 of title 3. 

24 ‘‘(2) The limitations in section 5373 of title 5 do not 

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1 section to prescribe the salary and other related benefits 

2 for the position of President of the Naval Postgraduate 

3 School.’’. 

4 SEC. 544. INCREASED AUTHORITY TO ENROLL DEFENSE IN5 DUSTRY EMPLOYEES IN DEFENSE PRODUCT 

6 DEVELOPMENT PROGRAM. 

7 Section 7049(a) of title 10, United States Code, is 

8 amended by striking ‘‘25’’ and inserting ‘‘125’’. 

9 SEC. 545. REQUIREMENT OF COMPLETION OF SERVICE 

10 UNDER HONORABLE CONDITIONS FOR PUR11 POSES OF ENTITLEMENT TO EDUCATIONAL 

12 ASSISTANCE FOR RESERVE COMPONENTS 

13 MEMBERS SUPPORTING CONTINGENCY OP14 ERATIONS. 

15 (a) REQUIREMENT OF HONORABLE SERVICE.—Sec16 tion 16164(a)(2) of title 10, United States Code, is 

17 amended by striking ‘‘other than dishonorable conditions’’ 

18 and inserting ‘‘honorable conditions’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 subsection (a) shall take effect on the date of the enact21 ment of this Act and apply to persons described in section 

22 16163 of title 10, United States Code, who separate on 

23 or after that date from a reserve component. 


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1 SEC. 546. CONSISTENT EDUCATION LOAN REPAYMENT AU2 THORITY FOR HEALTH PROFESSIONALS IN 

3 REGULAR COMPONENTS AND SELECTED RE4 SERVE. 

5 Section 16302(c) of title 10, United States Code, is 

6 amended by striking paragraphs (2) and (3) and inserting 

7 the following new paragraph: 

8 ‘‘(2) The annual maximum amount of a loan that 

9 may be repaid under this section shall be the same as the 

10 maximum amount in effect for the same year under sub11 section (e)(2) of section 2173 of this title for the education 

12 loan repayment program under such section.’’. 

13 SEC. 547. INCREASE IN NUMBER OF UNITS OF JUNIOR RE14 SERVE OFFICERS’ TRAINING CORPS. 

15 (a) PLAN FOR INCREASE.—The Secretary of Defense, 

16 in consultation with the Secretaries of the military depart17 ments, shall develop and implement a plan to establish and 

18 support 4,000 Junior Reserve Officers’ Training Corps 

19 units not later than fiscal year 2020. 

20 (b) EXCEPTIONS.—The requirement imposed in sub21 section (a) shall not apply— 

22 (1) if the Secretary fails to receive an adequate 

23 number or requests for Junior Reserve Officers’ 

24 Training Corps units by public and private sec25 ondary educational institutions; or 


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1 (2) during a time of national emergency when 

2 the Secretaries of the military departments deter3 mine that funding must be allocated elsewhere. 

4 (c) COOPERATION.—The Secretary of Defense, as 

5 part of the plan to establish and support additional Junior 

6 Reserve Officers’ Training Corps units, shall work with 

7 local educational agencies to increase the employment in 

8 Junior Reserve Officers’ Training Corps units of retired 

9 members of the Armed Forces who are retired under chap10 ter 61 of title 10, United States Code, especially members 

11 who were wounded or injured while deployed in a contin12 gency operation. 

13 (d) REPORT ON PLAN.—Upon completion of the plan, 

14 the Secretary of Defense shall provide a report to the con15 gressional defense committees containing, at a minimum, 

16 the following: 

17 (1) A description of how the Secretaries of the 

18 military departments expect to achieve the number 

19 of units of the Junior Reserve Officers’ Training 

20 Corps specified in subsection (a), including how 

21 many units will be established per year by each serv22 ice. 

23 (2) The annual funding necessary to support 

24 the increase in units, including the personnel costs 

25 associated. 


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1 (3) The number of qualified private and public 

2 schools, if any, who have requested a Junior Reserve 

3 Officers’ Training Corps unit that are on a waiting 

4 list. 

5 (4) Efforts to improve the increased distribu6 tion of units geographically across the United 

7 States. 

8 (5) Efforts to increase distribution of units in 

9 educationally and economically deprived areas. 

10 (6) Efforts to enhance employment opportuni11 ties for qualified former military members retired for 

12 disability, especially those wounded while deployed in 

13 a contingency operation. 

14 (e) TIME FOR SUBMISSION.—The plan required 

15 under subsection (a), along with the report required by 

16 subsection (d), shall be submitted to the congressional de17 fense committees not later than March 31, 2009. The Sec18 retary of Defense shall submit an up-dated report annu19 ally thereafter until the number of units of the Junior Re20 serve Officers’ Training Corps specified in subsection (a) 

21 is achieved. 

22 (f) ADDITIONAL CURRICULUM ELEMENT.—The Sec23 retary of each military department shall develop and im24 plement a segment of the Junior Reserve Officers’ Train25 ing Corps curriculum that includes the contribution and 


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1 defense historiography of gender and ethnic specific 

2 groups. 

3 SEC. 548. CORRECTION OF ERRONEOUS ARMY COLLEGE 

4 FUND BENEFIT AMOUNTS. 

5 (a) CORRECTION AND PAYMENT AUTHORITY.—Dur6 ing the period beginning on January 1, 2009, and ending 

7 on June 30, 2009, the Secretary of the Army may— 

8 (1) consider, through the Army Board for the 

9 Correction of Military Records, a request for the 

10 correction of military records relating to the amount 

11 of the Army College Fund benefit to which a mem12 ber or former member of the Armed Forces may be 

13 entitled under an Army Incentive Program contract; 

14 and 

15 (2) pay such amounts as the Secretary con16 siders necessary to ensure fairness and equity with 

17 regard to the request if the Secretary determines 

18 that the correction of the records is appropriate. 

19 (b) EXCEPTION TO PAYMENT LIMITS.—A payment 

20 under subsection (a)(2) may be made without regard to 

21 any limits on the total combined amounts established for 

22 the Army College Fund and the Montgomery G.I. Bill. 

23 (c) FUNDING SOURCE.—Payments under subsection 

24 (a)(2) shall be made solely from funds appropriated for 

25 military personnel programs for fiscal year 2009. 


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1 SEC. 549. EXPANDED AUTHORITY FOR INSTITUTIONS OF 

2 PROFESSIONAL MILITARY EDUCATION TO 

3 AWARD DEGREES. 

4 (a) NATIONAL DEFENSE INTELLIGENCE COL5 LEGE.— 

6 (1) IN GENERAL.—Section 2161 of title 10, 

7 United States Code, is amended to read as follows: 

8 ‘‘§ 2161. Degree granting authority for National De9 fense Intelligence College 

10 ‘‘(a) AUTHORITY.—Under regulations prescribed by 

11 the Secretary of Defense, the President of the National 

12 Defense Intelligence College may, upon the recommenda13 tion of the faculty of the National Defense Intelligence 

14 College, confer appropriate degrees upon graduates who 

15 meet the degree requirements. 

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

17 under this section unless— 

18 ‘‘(1) the Secretary of Education has rec19 ommended approval of the degree in accordance with 

20 the Federal Policy Governing Granting of Academic 

21 Degrees by Federal Agencies; and 

22 ‘‘(2) the curriculum leading to that degree is 

23 accredited by the appropriate civilian academic ac24 crediting agency or organization, as determined by 

25 the Secretary of Education. 


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1 ‘‘(c) CONGRESSIONAL NOTIFICATION REQUIRE2 MENTS.—(1) When seeking to establish degree granting 

3 authority under this section, the Secretary of Defense 

4 shall submit to the Committees on Armed Services of the 

5 Senate and House of Representatives— 

6 ‘‘(A) a copy of the self assessment question7 naire required by the Federal Policy Governing 

8 Granting of Academic Degrees by Federal Agencies, 

9 at the time the assessment is submitted to the De10 partment of Education’s National Advisory Com11 mittee on Institutional Quality and Integrity; and 

12 ‘‘(B) the subsequent recommendations and ra13 tionale of the Secretary of Education regarding the 

14 establishment of the degree granting authority. 

15 ‘‘(2) Upon any modification, redesignation or termi16 nation of existing degree granting authority, the Secretary 

17 of Defense shall submit to the Committees on Armed Serv18 ices of the Senate and House of Representatives a report 

19 containing the rationale for the proposed modification, re20 designation or termination and any subsequent rec21 ommendation of the Secretary of Education on the pro22 posed modification, redesignation or termination. 

23 ‘‘(3) The Secretary of Defense shall submit to the 

24 Committees on Armed Services of the Senate and House 

25 of Representatives a report containing an explanation of 


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1 any action by the appropriate academic accrediting agency 

2 or organization not to accredit the curriculum leading to 

3 any new or existing degree.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of chapter 108 of such title 

6 is amended by striking the item relating to section 

7 2161 and inserting the following new item: 

‘‘2161. Degree granting authority for National Defense Intelligence College.’’. 

8 (b) NATIONAL DEFENSE UNIVERSITY.— 

9 (1) IN GENERAL.—Section 2163 of such title is 

10 amended to read as follows: 

11 ‘‘§ 2163. Degree granting authority for National De12 fense University 

13 ‘‘(a) AUTHORITY.—Under regulations prescribed by 

14 the Secretary of Defense, the President of the National 

15 Defense University may, upon the recommendation of the 

16 faculty of the National Defense University, confer appro17 priate degrees upon graduates who meet the degree re18 quirements. 

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

20 under this section unless— 

21 ‘‘(1) the Secretary of Education has rec22 ommended approval of the degree in accordance with 

23 the Federal Policy Governing Granting of Academic 

24 Degrees by Federal Agencies; and 


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1 ‘‘(2) the curriculum leading to that degree is 

2 accredited by the appropriate civilian academic ac3 crediting agency or organization, as determined by 

4 the Secretary of Education. 

5 ‘‘(c) CONGRESSIONAL NOTIFICATION REQUIRE6 MENTS.—(1) When seeking to establish degree granting 

7 authority under this section, the Secretary of Defense 

8 shall submit to the Committees on Armed Services of the 

9 Senate and House of Representatives— 

10 ‘‘(A) a copy of the self assessment question11 naire required by the Federal Policy Governing 

12 Granting of Academic Degrees by Federal Agencies, 

13 at the time the assessment is submitted to the De14 partment of Education’s National Advisory Com15 mittee on Institutional Quality and Integrity; and 

16 ‘‘(B) the subsequent recommendations and ra17 tionale of the Secretary of Education regarding the 

18 establishment of the degree granting authority. 

19 ‘‘(2) Upon any modification, redesignation or termi20 nation of existing degree granting authority, the Secretary 

21 of Defense shall submit to the Committees on Armed Serv22 ices of the Senate and House of Representatives a report 

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1 ommendation of the Secretary of Education on the pro2 posed modification, redesignation or termination. 

3 ‘‘(3) The Secretary of Defense shall submit to the 

4 Committees on Armed Services of the Senate and House 

5 of Representatives a report containing an explanation of 

6 any action by the appropriate academic accrediting agency 

7 or organization not to accredit the curriculum leading to 

8 any new or existing degree.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 108 of such title 

11 is amended by striking the item relating to section 

12 2163 and inserting the following new item: 

‘‘2163. Degree granting authority for National Defense University.’’. 

13 (c) UNITED STATES ARMY COMMAND AND GENERAL

14 STAFF COLLEGE.— 

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

16 amended to read as follows: 

17 ‘‘§ 4314. Degree granting authority for United States 

18 Army Command and General Staff Col19 lege 

20 ‘‘(a) AUTHORITY.—Under regulations prescribed by 

21 the Secretary of the Army, the Commandant of the United 

22 States Army Command and General Staff College may, 

23 upon the recommendation of the faculty and dean of the 

24 college, confer appropriate degrees upon graduates who 

25 meet the degree requirements. 


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

2 under this section unless— 

3 ‘‘(1) the Secretary of Education has rec4 ommended approval of the degree in accordance with 

5 the Federal Policy Governing Granting of Academic 

6 Degrees by Federal Agencies; and 

7 ‘‘(2) the curriculum leading to that degree is 

8 accredited by the appropriate civilian academic ac9 crediting agency or organization, as determined by 

10 the Secretary of Education. 

11 ‘‘(c) CONGRESSIONAL NOTIFICATION REQUIRE12 MENTS.—(1) When seeking to establish degree granting 

13 authority under this section, the Secretary of Defense 

14 shall submit to the Committees on Armed Services of the 

15 Senate and House of Representatives— 

16 ‘‘(A) a copy of the self assessment question17 naire required by the Federal Policy Governing 

18 Granting of Academic Degrees by Federal Agencies, 

19 at the time the assessment is submitted to the De20 partment of Education’s National Advisory Com21 mittee on Institutional Quality and Integrity; and 

22 ‘‘(B) the subsequent recommendations and ra23 tionale of the Secretary of Education regarding the 

24 establishment of the degree granting authority. 


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1 ‘‘(2) Upon any modification, redesignation or termi2 nation of existing degree granting authority, the Secretary 

3 of Defense shall submit to the Committees on Armed Serv4 ices of the Senate and House of Representatives a report 

5 containing the rationale for the proposed modification, re6 designation or termination and any subsequent rec7 ommendation of the Secretary of Education on the pro8 posed modification, redesignation or termination. 

9 ‘‘(3) The Secretary of Defense shall submit to the 

10 Committees on Armed Services of the Senate and House 

11 of Representatives a report containing an explanation of 

12 any action by the appropriate academic accrediting agency 

13 or organization not to accredit the curriculum leading to 

14 any new or existing degree.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of chapter 401 of such title 

17 is amended by striking the item relating to section 

18 4314 and inserting the following new item: 

‘‘4314. Degree granting authority for United States Army Command and General Staff College.’’. 

19 (d) UNITED STATES ARMY WAR COLLEGE.— 

20 (1) IN GENERAL.—Section 4321 of title 10, 

21 United States Code, is amended to read as follows: 


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1 ‘‘§ 4321. Degree granting authority for United States 

2 Army War College 

3 ‘‘(a) AUTHORITY.—Under regulations prescribed by 

4 the Secretary of the Army, the Commandant of the United 

5 States Army War College may, upon the recommendation 

6 of the faculty and dean of the college, confer appropriate 

7 degrees upon graduates who meet the degree require8 ments. 

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

10 under this section unless— 

11 ‘‘(1) the Secretary of Education has rec12 ommended approval of the degree in accordance with 

13 the Federal Policy Governing Granting of Academic 

14 Degrees by Federal Agencies; and 

15 ‘‘(2) the curriculum leading to that degree is 

16 accredited by the appropriate civilian academic ac17 crediting agency or organization, as determined by 

18 the Secretary of Education. 

19 ‘‘(c) CONGRESSIONAL NOTIFICATION REQUIRE20 MENTS.—(1) When seeking to establish degree granting 

21 authority under this section, the Secretary of Defense 

22 shall submit to the Committees on Armed Services of the 

23 Senate and House of Representatives— 

24 ‘‘(A) a copy of the self assessment question25 naire required by the Federal Policy Governing 

26 Granting of Academic Degrees by Federal Agencies, 


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1 at the time the assessment is submitted to the De2 partment of Education’s National Advisory Com3 mittee on Institutional Quality and Integrity; and 

4 ‘‘(B) the subsequent recommendations and ra5 tionale of the Secretary of Education regarding the 

6 establishment of the degree granting authority. 

7 ‘‘(2) Upon any modification, redesignation or termi8 nation of existing degree granting authority, the Secretary 

9 of Defense shall submit to the Committees on Armed Serv10 ices of the Senate and House of Representatives a report 

11 containing the rationale for the proposed modification, re12 designation or termination and any subsequent rec13 ommendation of the Secretary of Education on the pro14 posed modification, redesignation or termination. 

15 ‘‘(3) The Secretary of Defense shall submit to the 

16 Committees on Armed Services of the Senate and House 

17 of Representatives a report containing an explanation of 

18 any action by the appropriate academic accrediting agency 

19 or organization not to accredit the curriculum leading to 

20 any new or existing degree.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of chapter 401 of such title 

23 is amended by striking the item relating to section 

24 4321 and inserting the following new item: 

‘‘4321. Degree granting authority for United States Army War College.’’. 


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1 (e) UNITED STATES NAVAL POSTGRADUATE

2 SCHOOL.— 

3 (1) IN GENERAL.—Section 7048 of such title is 

4 amended to read as follows: 

5 ‘‘§ 7048. Degree granting authority for United States 

6 Naval Postgraduate School 

7 ‘‘(a) AUTHORITY.—Under regulations prescribed by 

8 the Secretary of the Navy, the President of the Naval 

9 Postgraduate School may, upon the recommendation of 

10 the faculty of the Naval Postgraduate School, confer ap11 propriate degrees upon graduates who meet the degree re12 quirements. 

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

14 under this section unless— 

15 ‘‘(1) the Secretary of Education has rec16 ommended approval of the degree in accordance with 

17 the Federal Policy Governing Granting of Academic 

18 Degrees by Federal Agencies; and 

19 ‘‘(2) the curriculum leading to that degree is 

20 accredited by the appropriate civilian academic ac21 crediting agency or organization, as determined by 

22 the Secretary of Education. 

23 ‘‘(c) CONGRESSIONAL NOTIFICATION REQUIRE24 MENTS.—(1) When seeking to establish degree granting 

25 authority under this section, the Secretary of Defense 


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1 shall submit to the Committees on Armed Services of the 

2 Senate and House of Representatives— 

3 ‘‘(A) a copy of the self assessment question4 naire required by the Federal Policy Governing 

5 Granting of Academic Degrees by Federal Agencies, 

6 at the time the assessment is submitted to the De7 partment of Education’s National Advisory Com8 mittee on Institutional Quality and Integrity; and 

9 ‘‘(B) the subsequent recommendations and ra10 tionale of the Secretary of Education regarding the 

11 establishment of the degree granting authority. 

12 ‘‘(2) Upon any modification, redesignation or termi13 nation of existing degree granting authority, the Secretary 

14 of Defense shall submit to the Committees on Armed Serv15 ices of the Senate and House of Representatives a report 

16 containing the rationale for the proposed modification, re17 designation or termination and any subsequent rec18 ommendation of the Secretary of Education on the pro19 posed modification, redesignation or termination. 

20 ‘‘(3) The Secretary of Defense shall submit to the 

21 Committees on Armed Services of the Senate and House 

22 of Representatives a report containing an explanation of 

23 any action by the appropriate academic accrediting agency 

24 or organization not to accredit the curriculum leading to 

25 any new or existing degree.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 605 of such title 

3 is amended by striking the item relating to section 

4 7048 and inserting the following new item: 

‘‘7048. Degree granting authority for United States Naval Postgraduate 

School.’’. 

5 (f) NAVAL WAR COLLEGE.— 

6 (1) IN GENERAL.—Section 7101 of such title is 

7 amended to read as follows: 

8 ‘‘§ 7101. Degree granting authority for Naval War Col9 lege 

10 ‘‘(a) AUTHORITY.—Under regulations prescribed by 

11 the Secretary of the Navy, the President of the Naval War 

12 College may, upon the recommendation of the faculty of 

13 the Naval War College components, confer appropriate de14 grees upon graduates who meet the degree requirements. 

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

16 under this section unless— 

17 ‘‘(1) the Secretary of Education has rec18 ommended approval of the degree in accordance with 

19 the Federal Policy Governing Granting of Academic 

20 Degrees by Federal Agencies; and 

21 ‘‘(2) the curriculum leading to that degree is 

22 accredited by the appropriate civilian academic ac23 crediting agency or organization, as determined by 

24 the Secretary of Education. 


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1 ‘‘(c) CONGRESSIONAL NOTIFICATION REQUIRE2 MENTS.—(1) When seeking to establish degree granting 

3 authority under this section, the Secretary of Defense 

4 shall submit to the Committees on Armed Services of the 

5 Senate and House of Representatives— 

6 ‘‘(A) a copy of the self assessment question7 naire required by the Federal Policy Governing 

8 Granting of Academic Degrees by Federal Agencies, 

9 at the time the assessment is submitted to the De10 partment of Education’s National Advisory Com11 mittee on Institutional Quality and Integrity; and 

12 ‘‘(B) the subsequent recommendations and ra13 tionale of the Secretary of Education regarding the 

14 establishment of the degree granting authority. 

15 ‘‘(2) Upon any modification, redesignation or termi16 nation of existing degree granting authority, the Secretary 

17 of Defense shall submit to the Committees on Armed Serv18 ices of the Senate and House of Representatives a report 

19 containing the rationale for the proposed modification, re20 designation or termination and any subsequent rec21 ommendation of the Secretary of Education on the pro22 posed modification, redesignation or termination. 

23 ‘‘(3) The Secretary of Defense shall submit to the 

24 Committees on Armed Services of the Senate and House 

25 of Representatives a report containing an explanation of 


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1 any action by the appropriate academic accrediting agency 

2 or organization not to accredit the curriculum leading to 

3 any new or existing degree.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of chapter 609 of such title 

6 is amended by striking the item relating to section 

7 7101 and inserting the following new item: 

‘‘7101. Degree granting authority for Naval War College.’’. 

8 (g) MARINE CORPS UNIVERSITY.— 

9 (1) IN GENERAL.—Section 7102 of such title is 

10 amended to read as follows: 

11 ‘‘§ 7102. Degree granting authority for Marine Corps 

12 University 

13 ‘‘(a) AUTHORITY.—Under regulations prescribed by 

14 the Secretary of the Navy, the President of the Marine 

15 Corps University may, upon the recommendation of the 

16 directors and faculty of the Marine Corps University, con17 fer appropriate degrees upon graduates who meet the de18 gree requirements. 

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

20 under this section unless— 

21 ‘‘(1) the Secretary of Education has rec22 ommended approval of the degree in accordance with 

23 the Federal Policy Governing Granting of Academic 

24 Degrees by Federal Agencies; and 


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1 ‘‘(2) the curriculum leading to that degree is 

2 accredited by the appropriate civilian academic ac3 crediting agency or organization, as determined by 

4 the Secretary of Education. 

5 ‘‘(c) CONGRESSIONAL NOTIFICATION REQUIRE6 MENTS.—(1) When seeking to establish degree granting 

7 authority under this section, the Secretary of Defense 

8 shall submit to the Committees on Armed Services of the 

9 Senate and House of Representatives— 

10 ‘‘(A) a copy of the self assessment question11 naire required by the Federal Policy Governing 

12 Granting of Academic Degrees by Federal Agencies, 

13 at the time the assessment is submitted to the De14 partment of Education’s National Advisory Com15 mittee on Institutional Quality and Integrity; and 

16 ‘‘(B) the subsequent recommendations and ra17 tionale of the Secretary of Education regarding the 

18 establishment of the degree granting authority. 

19 ‘‘(2) Upon any modification, redesignation or termi20 nation of existing degree granting authority, the Secretary 

21 of Defense shall submit to the Committees on Armed Serv22 ices of the Senate and House of Representatives a report 

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1 ommendation of the Secretary of Education on the pro2 posed modification, redesignation or termination. 

3 ‘‘(3) The Secretary of Defense shall submit to the 

4 Committees on Armed Services of the Senate and House 

5 of Representatives a report containing an explanation of 

6 any action by the appropriate academic accrediting agency 

7 or organization not to accredit the curriculum leading to 

8 any new or existing degree. 

9 ‘‘(d) BOARD OF ADVISORS.—The Secretary of the 

10 Navy shall establish a board of advisors for the Marine 

11 Corps University. The Secretary shall ensure that the 

12 board is established so as to meet all requirements of the 

13 appropriate regional accrediting association.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 609 of such title 

16 is amended by striking the item relating to section 

17 7102 and inserting the following new item: 

‘‘7102. Degree granting authority for Marine Corps University.’’. 

18 (h) UNITED STATES AIR FORCE INSTITUTE OF

19 TECHNOLOGY.— 

20 (1) IN GENERAL.—Section 9314 of such title is 

21 amended to read as follows: 

22 ‘‘§ 9314. Degree granting authority for United States 

23 Air Force Institute of Technology 

24 ‘‘(a) AUTHORITY.—Under regulations prescribed by 

25 the Secretary of the Air Force, the commander of Air UniVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 versity may, upon the recommendation of the faculty of 

2 the United States Air Force Institute of Technology, con3 fer appropriate degrees upon graduates of the United 

4 States Air Force Institute of Technology who meet the 

5 degree requirements. 

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

7 under this section unless— 

8 ‘‘(1) the Secretary of Education has rec9 ommended approval of the degree in accordance with 

10 the Federal Policy Governing Granting of Academic 

11 Degrees by Federal Agencies; and 

12 ‘‘(2) the curriculum leading to that degree is 

13 accredited by the appropriate civilian academic ac14 crediting agency or organization, as determined by 

15 the Secretary of Education. 

16 ‘‘(c) CONGRESSIONAL NOTIFICATION REQUIRE17 MENTS.—(1) When seeking to establish degree granting 

18 authority under this section, the Secretary of Defense 

19 shall submit to the Committees on Armed Services of the 

20 Senate and House of Representatives— 

21 ‘‘(A) a copy of the self assessment question22 naire required by the Federal Policy Governing 

23 Granting of Academic Degrees by Federal Agencies, 

24 at the time the assessment is submitted to the DeVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 partment of Education’s National Advisory Com2 mittee on Institutional Quality and Integrity; and 

3 ‘‘(B) the subsequent recommendations and ra4 tionale of the Secretary of Education regarding the 

5 establishment of the degree granting authority. 

6 ‘‘(2) Upon any modification, redesignation or termi7 nation of existing degree granting authority, the Secretary 

8 of Defense shall submit to the Committees on Armed Serv9 ices of the Senate and House of Representatives a report 

10 containing the rationale for the proposed modification, re11 designation or termination and any subsequent rec12 ommendation of the Secretary of Education on the pro13 posed modification, redesignation or termination. 

14 ‘‘(3) The Secretary of Defense shall submit to the 

15 Committees on Armed Services of the Senate and House 

16 of Representatives a report containing an explanation of 

17 any action by the appropriate academic accrediting agency 

18 or organization not to accredit the curriculum leading to 

19 any new or existing degree. 

20 ‘‘(d) CIVILIAN FACULTY.—(1) The Secretary of the 

21 Air Force may employ as many civilian faculty members 

22 at the United States Air Force Institute of Technology 

23 as is consistent with the needs of the Air Force and with 

24 Department of Defense personnel limits. 


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1 ‘‘(2) The Secretary shall prescribe regulations deter2 mining— 

3 ‘‘(A) titles and duties of civilian members of the 

4 faculty; and 

5 ‘‘(B) pay of civilian members of the faculty, 

6 notwithstanding chapter 53 of title 5, but subject to 

7 the limitation set out in section 5373 of title 5. 

8 ‘‘(e) REIMBURSEMENT.—(1) The Department of the 

9 Army, the Department of the Navy, and the Department 

10 of Homeland Security shall bear the cost of the instruction 

11 at the Air Force Institute of Technology that is received 

12 by members of the armed forces detailed for that instruc13 tion by the Secretaries of the Army, Navy, and Homeland 

14 Security, respectively. 

15 ‘‘(2) Members of the Army, Navy, Marine Corps, and 

16 Coast Guard may only be detailed for instruction at the 

17 Institute on a space-available basis. 

18 ‘‘(3) In the case of an enlisted member of the Army, 

19 Navy, Marine Corps, and Coast Guard permitted to re20 ceive instruction at the Institute, the Secretary of the Air 

21 Force shall charge that member only for such costs and 

22 fees as the Secretary considers appropriate (taking into 

23 consideration the admission of enlisted members on a 

24 space- available basis). 


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1 ‘‘(f) ACCEPTANCE OF RESEARCH GRANTS.—(1) The 

2 Secretary of the Air Force may authorize the Com3 mandant of the United States Air Force Institute of Tech4 nology to accept qualifying research grants. Any such 

5 grant may only be accepted if the work under the grant 

6 is to be carried out by a professor or instructor of the 

7 Institute for a scientific, literary, or educational purpose. 

8 ‘‘(2) A qualifying research grant under this sub9 section is a grant that is awarded on a competitive basis 

10 by an entity referred to in paragraph (3) for a research 

11 project with a scientific, literary, or educational purpose. 

12 ‘‘(3) A grant may be accepted under this subsection 

13 only from a corporation, fund, foundation, educational in14 stitution, or similar entity that is organized and operated 

15 primarily for scientific, literary, or educational purposes. 

16 ‘‘(4) The Secretary shall establish an account for ad17 ministering funds received as research grants under this 

18 section. The Commandant of the Institute shall use the 

19 funds in the account in accordance with applicable provi20 sions of the regulations and the terms and condition of 

21 the grants received. 

22 ‘‘(5) Subject to such limitations as may be provided 

23 in appropriations Acts, appropriations available for the In24 stitute may be used to pay expenses incurred by the InstiVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 tute in applying for, and otherwise pursuing, the award 

2 of qualifying research grants. 

3 ‘‘(6) The Secretary shall prescribe regulations for the 

4 administration of this subsection.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 901 of such title 

7 is amended by striking the item relating to section 

8 9314 and inserting the following new item: 

‘‘9314. Degree granting authority for United States Air Force Institute of Technology.’’. 

9 (i) AIR UNIVERSITY.— 

10 (1) IN GENERAL.—Section 9317 of such title is 

11 amended to read as follows: 

12 ‘‘§ 9317. Degree granting authority for Air University 

13 ‘‘(a) AUTHORITY.—Except as provided in sections 

14 9314 and 9315 of this title, under regulations prescribed 

15 by the Secretary of the Air Force, the commander of Air 

16 University may, upon the recommendation of the faculty 

17 of the Air University components, confer appropriate de18 grees upon graduates who meet the degree requirements. 

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

20 under this section unless— 

21 ‘‘(1) the Secretary of Education has rec22 ommended approval of the degree in accordance with 

23 the Federal Policy Governing Granting of Academic 

24 Degrees by Federal Agencies; and 


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1 ‘‘(2) the curriculum leading to that degree is 

2 accredited by the appropriate civilian academic ac3 crediting agency or organization, as determined by 

4 the Secretary of Education. 

5 ‘‘(c) CONGRESSIONAL NOTIFICATION REQUIRE6 MENTS.—(1) When seeking to establish degree granting 

7 authority under this section, the Secretary of Defense 

8 shall submit to the Committees on Armed Services of the 

9 Senate and House of Representatives— 

10 ‘‘(A) a copy of the self assessment question11 naire required by the Federal Policy Governing 

12 Granting of Academic Degrees by Federal Agencies, 

13 at the time the assessment is submitted to the De14 partment of Education’s National Advisory Com15 mittee on Institutional Quality and Integrity; and 

16 ‘‘(B) the subsequent recommendations and ra17 tionale of the Secretary of Education regarding the 

18 establishment of the degree granting authority. 

19 ‘‘(2) Upon any modification, redesignation or termi20 nation of existing degree granting authority, the Secretary 

21 of Defense shall submit to the Committees on Armed Serv22 ices of the Senate and House of Representatives a report 

23 containing the rationale for the proposed modification, re24 designation or termination and any subsequent recVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 ommendation of the Secretary of Education on the pro2 posed modification, redesignation or termination. 

3 ‘‘(3) The Secretary of Defense shall submit to the 

4 Committees on Armed Services of the Senate and House 

5 of Representatives a report containing an explanation of 

6 any action by the appropriate academic accrediting agency 

7 or organization not to accredit the curriculum leading to 

8 any new or existing degree.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 901 of such title 

11 is amended by striking the item relating to section 

12 9317 and inserting the following new item: 

‘‘9317. Degree granting authority for Air University.’’. 

13 (j) EFFECTIVE DATE.—This section shall apply to 

14 any degree granting authority established, modified, redes15 ignated or terminated on or after the date of enactment 

16 of this Act. 

17 SEC. 550. ENHANCING EDUCATION PARTNERSHIPS TO IM18 PROVE ACCESSIBILITY AND FLEXIBILITY FOR 

19 MEMBERS OF THE ARMED FORCES. 

20 (a) AUTHORITY.—The Secretary of a military depart21 ment may enter into one or more education partnership 

22 agreements with educational institutions in the United 

23 States for the purpose of— 


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1 (1) developing plans to improve the accessibility 

2 and flexibility of college courses available to eligible 

3 members of the Armed Forces; 

4 (2) improving the application process for the 

5 Armed Forces tuition assistance programs and rais6 ing awareness regarding educational opportunities 

7 available to such members; 

8 (3) developing curriculum, distance education 

9 programs, and career counseling designed to meet 

10 the professional, financial, academic, and social 

11 needs of such members; and 

12 (4) assessing how resources may be applied 

13 more effectively to meet the educational needs of 

14 such members. 

15 (b) COST.—Except as provided in this section, execu16 tion of an education partnership agreement with an edu17 cational institution shall be at no cost to the Government. 

18 (c) EDUCATIONAL INSTITUTION DEFINED.—In this 

19 section, the term ‘‘educational institution’’ means an ac20 credited college, university, or technical school in the 

21 United States. 


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1 Subtitle F—Military Justice 

2 SEC. 551. GRADE OF STAFF JUDGE ADVOCATE TO THE COM3 MANDANT OF THE MARINE CORPS. 

4 Section 5046(a) of title 10, United States Code, is 

5 amended by striking the last sentence and inserting the 

6 following new sentence: ‘‘The Staff Judge Advocate to the 

7 Commandant of the Marine Corps, while so serving, has 

8 the grade of major general.’’. 

9 SEC. 552. STANDING MILITARY PROTECTION ORDER. 

10 (a) IN GENERAL.—Chapter 80 of title 10, United 

11 States Code, is amended by adding at the end the fol12 lowing new section: 

13 ‘‘SEC. 1567. STANDING MILITARY PROTECTIVE ORDER. 

14 ‘‘The issuance of a military protective order by a mili15 tary commander shall be deemed a standing order until— 

16 ‘‘(1) the allegation prompting the protective 

17 order is resolved by investigation, courts martial, or 

18 other command determined adjudication; or 

19 ‘‘(2) the military commander issues a new 

20 order.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of such chapter is amended by adding 

23 at the end the following new item: 

‘‘1567. Standing military protective order.’’. 


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1 SEC. 553. MANDATORY NOTIFICATION OF ISSUANCE OF 

2 MILITARY PROTECTIVE ORDER TO CIVILIAN 

3 LAW ENFORCEMENT. 

4 (a) IN GENERAL.—Chapter 80 of title 10, United 

5 States Code, is amended by inserting after section 1567, 

6 as added by section 552, the following new section: 

7 ‘‘SEC. 1567a. MANDATORY NOTIFICATION OF ISSUANCE OF 

8 MILITARY PROTECTIVE ORDER TO CIVILIAN 

9 LAW ENFORCEMENT. 

10 ‘‘In the event a military protective order is issued 

11 against a member of the armed forces and any individual 

12 involved in the order does not reside on a military installa13 tion at any time during the duration of the military pro14 tective order, the commander of the military installation 

15 shall notify the appropriate civilian authorities of— 

16 ‘‘(1) the issuance of the protective order; 

17 ‘‘(2) the duration of the protective order; and 

18 ‘‘(3) the individuals involved in the order.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such chapter is amended by inserting 

21 after the item relating to section 1567 the following new 

22 item: 

‘‘1567a. Mandatory notification of issuance of military protective order to civilian law enforcement.’’. 


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1 SEC. 554. IMPLEMENTATION OF INFORMATION DATABASE 

2 ON SEXUAL ASSAULT INCIDENTS IN THE 

3 ARMED FORCES. 

4 (a) DATABASE REQUIRED.—The Secretary of De5 fense shall implement a centralized, case-level database for 

6 the collection, in a manner consistent with Department of 

7 Defense regulations for restricted reporting, and mainte8 nance of information regarding sexual assaults involving 

9 a member of the Armed Forces, including information, if 

10 available, about the nature of the assault, the victim, the 

11 offender, and the outcome of any legal proceedings in con12 nection with the assault. 

13 (b) AVAILABILITY OF DATABASE.—The database 

14 shall be available to personnel of the Sexual Assault Pre15 vention and Response Office of the Department of De16 fense. 

17 (c) IMPLEMENTATION.— 

18 (1) PLAN FOR IMPLEMENTATION.—Not later 

19 than 90 days after the date of the enactment of this 

20 Act, the Secretary of Defense shall submit to the 

21 congressional defense committees a plan to provide 

22 for the implementation of the database. 

23 (2) COMPLETION.—Not later than 15 months 

24 after the date of enactment of this Act, the Sec25 retary shall complete implementation of the data26 base. 


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1 (d) REPORTS.—The database shall be used to develop 

2 and implement congressional reports, as required by— 

3 (1) section 577(f) of the Ronald W. Reagan 

4 National Defense Authorization Act for Fiscal Year 

5 2005 (Public Law 108–375); 

6 (2) section 596(c) of the National Defense Au7 thorization Act for Fiscal Year 2006 (Public Law 

8 109–163); 

9 (3) section 532 of the John Warner National 

10 Defense Authorization Act for Fiscal Year 2007 

11 (Public Law 109–364); and 

12 (4) sections 4361, 6980, and 9361 of title 10, 

13 United States Code. 

14 (e) TERMINOLOGY.—Section 577(b) of the Ronald W. 

15 Reagan National Defense Authorization Act for Fiscal 

16 Year 2005 (Public Law 108–375) is amended by adding 

17 at the end the following new paragraph: 

18 ‘‘(12) The Secretary shall implement clear, con19 sistent, and streamlined sexual assault terminology 

20 for use across the Department of Defense, to include 

21 a clear definition of the following terms: 

22 ‘‘(A) Restricted reports. 

23 ‘‘(B) Unrestricted reports. 

24 ‘‘(C) Substantiated reports.’’. 


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HR 5658 PCS 

1 Subtitle G—Decorations, Awards, 

2 and Honorary Promotions 

3 SEC. 561. REPLACEMENT OF MILITARY DECORATIONS. 

4 (a) REPLACEMENT REQUIRED.—Chapter 57 of title 

5 10, United States Code, is amended by adding at the end 

6 the following new section: 

7 ‘‘§ 1135. Replacement of military decorations 

8 ‘‘(a) REPLACEMENT.—In addition to other authori9 ties available to the Secretary concerned to replace a mili10 tary decoration, the Secretary concerned shall replace, on 

11 a one-time basis and without charge, a military decoration 

12 upon the request of the recipient of the military decoration 

13 or the immediate next of kin of a deceased recipient. 

14 ‘‘(b) EXCEPTION.—Subsection (a) does not apply to 

15 the medal of honor. 

16 ‘‘(c) MILITARY DECORATION DEFINED.—In this sec17 tion, the term ‘decoration’ means any decoration or award 

18 that may be presented or awarded to a member of the 

19 armed forces.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of such chapter is amended by adding 

22 at the end the following new item: 

‘‘1135. Replacement of military decorations.’’. 


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1 SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF 

2 MEDAL OF HONOR TO RICHARD L. 

3 ETCHBERGER FOR ACTS OF VALOR DURING 

4 THE VIETNAM WAR. 

5 (a) AUTHORIZATION.—Notwithstanding the time lim6 itations specified in section 8744 of title 10, United States 

7 Code, or any other time limitation with respect to the 

8 awarding of certain medals to persons who served in the 

9 Armed Forces, the President is authorized and requested 

10 to award the Medal of Honor under section 8741 of such 

11 title to former Chief Master Sergeant Richard L. 

12 Etchberger for the acts of valor during the Vietnam War 

13 described in subsection (b). 

14 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

15 referred to in subsection (a) are the actions of then Chief 

16 Master Sergeant Richard L. Etchberger as Ground Radar 

17 Superintendent of Detachment 1, 1043rd Radar Evalua18 tion Squadron on March 11, 1968, during the Vietnam 

19 War for which he was originally awarded the Air Force 

20 cross. 

21 SEC. 563. ADVANCEMENT OF BRIGADIER GENERAL 

22 CHARLES E. YEAGER, UNITED STATES AIR 

23 FORCE (RETIRED), ON THE RETIRED LIST. 

24 (a) ADVANCEMENT.—Brigadier General Charles E. 

25 Yeager, United States Air Force (retired), is entitled to 


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1 hold the rank of major general while on the retired list 

2 of the Air Force. 

3 (b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The 

4 advancement of Charles E. Yeager on the retired list of 

5 the Air Force under subsection (a) shall not affect the re6 tired pay or other benefits from the United States to 

7 which Charles E. Yeager is now or may in the future be 

8 entitled based upon his military service or affect any bene9 fits to which any other person may become entitled based 

10 on his service. 

11 SEC. 564. ADVANCEMENT OF REAR ADMIRAL WAYNE E. 

12 MEYER, UNITED STATES NAVY (RETIRED), ON 

13 THE RETIRED LIST. 

14 (a) ADVANCEMENT AUTHORIZED.—The President is 

15 authorized and requested to appoint, by and with the ad16 vice and consent of the Senate, Rear Admiral Wayne E. 

17 Meyer, United States Navy (retired), to the grade of vice 

18 admiral on the retired list of the Navy. 

19 (b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The 

20 advancement of Wayne E. Meyer on the retired list of the 

21 Navy under subsection (a) shall not affect the retired pay 

22 or other benefits from the United States to which Wayne 

23 E. Meyer is now or may in the future be entitled based 

24 upon his military service or affect any benefits to which 

25 any other person may become entitled based on his service. 


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1 SEC. 565. AWARD OF VIETNAM SERVICE MEDAL TO VET2 ERANS WHO PARTICIPATED IN MAYAGUEZ 

3 RESCUE OPERATION. 

4 (a) IN GENERAL.—The Secretary of the military de5 partment concerned shall, upon the application of an indi6 vidual who is an eligible veteran, award that individual the 

7 Vietnam Service Medal, notwithstanding any otherwise ap8 plicable requirements for the award of that medal. Any 

9 such award shall be made in lieu of any Armed Forces 

10 Expeditionary Medal awarded the individual for the indi11 vidual’s participation in the Mayaguez rescue operation. 

12 (b) ELIGIBLE VETERAN.—For purposes of this sec13 tion, the term ‘‘eligible veteran’’ means a member or 

14 former member of the Armed Forces who was awarded 

15 the Armed Forces Expeditionary Medal for participation 

16 in military operations known as the Mayaguez rescue oper17 ation of May 12–15, 1975. 

18 SEC. 566. RETROACTIVE AWARD OF ARMY COMBAT ACTION 

19 BADGE. 

20 (a) AUTHORITY TO AWARD.—The Secretary of the 

21 Army may award the Army Combat Action Badge (estab22 lished by order of the Secretary of the Army through 

23 Headquarters, Department of the Army Letter 600–05– 

24 1, dated June 3, 2005) to a person who, while a member 

25 of the Army, participated in combat during which the per26 son personally engaged, or was personally engaged by, the 


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1 enemy at any time during the period beginning on Decem2 ber 7, 1941, and ending on September 18, 2001 (the date 

3 of the otherwise applicable limitation on retroactivity for 

4 the award of such decoration), if the Secretary determines 

5 that the person has not been previously recognized in an 

6 appropriate manner for such participation. 

7 (b) PROCUREMENT OF BADGE.—The Secretary of 

8 the Army may make arrangements with suppliers of the 

9 Army Combat Action Badge so that eligible recipients of 

10 the Army Combat Action Badge pursuant to subsection 

11 (a) may procure the badge directly from suppliers, thereby 

12 eliminating or at least substantially reducing administra13 tive costs for the Army to carry out this section. 

14 Subtitle H—Impact Aid 

15 SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

16 EDUCATIONAL AGENCIES THAT BENEFIT DE17 PENDENTS OF MEMBERS OF THE ARMED 

18 FORCES AND DEPARTMENT OF DEFENSE CI19 VILIAN EMPLOYEES. 

20 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

21 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

22 amount authorized to be appropriated pursuant to section 

23 301(5) for operation and maintenance for Defense-wide 

24 activities, $50,000,000 shall be available only for the pur25 pose of providing assistance to local educational agencies 


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1 under subsection (a) of section 572 of the National De2 fense Authorization Act for Fiscal Year 2006 (Public Law 

3 109–163; 119 Stat. 3271; 20 U.S.C. 7703b). 

4 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

5 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

6 CHANGES, OR FORCE RELOCATIONS.—Of the amount au7 thorized to be appropriated pursuant to section 301(5) for 

8 operation and maintenance for Defense-wide activities, 

9 $15,000,000 shall be available only for the purpose of pro10 viding assistance to local educational agencies under sub11 section (b) of such section 572. 

12 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

13 this section, the term ‘‘local educational agency’’ has the 

14 meaning given that term in section 8013(9) of the Ele15 mentary and Secondary Education Act of 1965 (20 U.S.C. 

16 7713(9)). 

17 SEC. 572. CALCULATION OF PAYMENTS UNDER DEPART18 MENT OF EDUCATION’S IMPACT AID PRO19 GRAM. 

20 Paragraph (2) of section 8003(c) of the Elementary 

21 and Secondary Education Act of 1965 (20 U.S.C. 

22 7703(c)) is amended to read as follows: 

23 ‘‘(2) EXCEPTION.—Calculation of payments for 

24 a local educational agency shall be based on data 


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1 from the fiscal year for which the agency is making 

2 an application for payment— 

3 ‘‘(A) if such agency is newly established by 

4 a State (first year of operation only); or 

5 ‘‘(B) if— 

6 ‘‘(i) such agency was eligible to re7 ceive a payment under this section in the 

8 previous fiscal year; 

9 ‘‘(ii) such agency has had an overall 

10 increase (as determined by the Secretary of 

11 Education in consultation with the Sec12 retary of Defense, the Secretary of Inte13 rior, or other Federal agencies) of not less 

14 than 100 students or 10 percent as de15 scribed in— 

16 ‘‘(I) subparagraphs (A), (B), and 

17 (D) of subsection (a)(1); or 

18 ‘‘(II) subparagraphs (C), (E), 

19 (F) and (G) of subsection (a)(1) if 

20 those children described in subpara21 graphs (C), (E), (F) and (G) are civil22 ian dependents of employees of the 

23 Department of Defense; and 

24 ‘‘(iii) such increase occurred during 

25 the period between the end of the school 


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1 year preceding the fiscal year for which the 

2 application is being made and the begin3 ning of the school year immediately pre4 ceding that fiscal year as the result of clo5 sure or realignment of military installa6 tions under the base closure process or the 

7 relocation of members of the Armed Forces 

8 and civilian employees of the Department 

9 of Defense as part of force structure 

10 changes or movements of units or per11 sonnel between military installations.’’. 

12 Subtitle I—Military Families 

13 SEC. 581. PRESENTATION OF BURIAL FLAG. 

14 (a) INCLUSION OF SURVIVING SPOUSE; CONSOLIDA15 TION OF FLAG-RELATED AUTHORITIES.—Subsection (e) 

16 of section 1482 of title 10, United States Code, is amend17 ed— 

18 (1) by designating the current text as para19 graph (2) and redesignating current paragraphs (1) 

20 and (2) as subparagraphs (A) and (B), respectively; 

21 (2) by inserting before paragraph (2), as so 

22 designated, the following: 

23 ‘‘(e) PRESENTATION OF FLAG OF THE UNITED

24 STATES.—(1) In the case of a decedent covered by section 

25 1481 of this title, the Secretary concerned may pay the 


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1 necessary expenses for the presentation of a flag of the 

2 United States— 

3 ‘‘(A) to the person designated under subsection 

4 (c) to direct disposition of the remains; 

5 ‘‘(B) to the parents or parent of the decedent, 

6 if the person presented a flag under subparagraph 

7 (A) is other than a parent of the decedent; and 

8 ‘‘(C) to the surviving spouse (including a re9 married surviving spouse) of the decedent, if the 

10 person presented a flag under subparagraph (A) is 

11 other than the spouse.’’; and 

12 (3) by inserting at the end the following new 

13 paragraphs: 

14 ‘‘(3) A flag to be presented to a person under sub15 paragraph (B) or (C) of paragraph (1) shall be of equal 

16 size to the flag presented under subparagraph (A) of such 

17 paragraph to the person designated to direct disposition 

18 of the remains of the decedent. 

19 ‘‘(4) This subsection does not apply to a military pris20 oner who dies while in the custody of the Secretary con21 cerned and while under a sentence that includes a dis22 charge. 

23 ‘‘(5) In this subsection, the term ‘parent’ includes a 

24 natural parent, a stepparent, a parent by adoption, or a 

25 person who for a period of not less than one year before 


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1 the death of the decedent stood in loco parentis to the 

2 decedent. Preference under paragraph (1)(B) shall be 

3 given to the persons who exercised a parental relationship 

4 at the time of, or most nearly before, the death of the 

5 decedent.’’. 

6 (b) REPEAL OF SUPERSEDED PROVISIONS.—Sub7 section (a) of such section is amended by striking para8 graphs (10) and (11). 

9 SEC. 582. EDUCATION AND TRAINING OPPORTUNITIES FOR 

10 MILITARY SPOUSES. 

11 (a) EMPLOYMENT AND CAREER OPPORTUNITIES FOR

12 SPOUSES.—Subchapter I of chapter 88 of title 10, United 

13 States Code, is amended by inserting after section 1784 

14 the following new section: 

15 ‘‘§ 1784a. Education and training opportunities for 

16 military spouses to expand employment 

17 and career opportunities 

18 ‘‘(a) PROGRAMS AND TUITION ASSISTANCE.—(1) 

19 The Secretary of Defense may establish programs to assist 

20 the spouse of a member of the armed forces described in 

21 subsection (b) in achieving— 

22 ‘‘(A) the education and training required for a 

23 degree or credential at an accredited college, univer24 sity, or technical school in the United States that exVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 pands employment and career opportunities for the 

2 spouse; or 

3 ‘‘(B) the education prerequisites and profes4 sional licensure or credential required, by a govern5 ment or government sanctioned licensing body, for 

6 an occupation that expands employment and career 

7 opportunities for the spouse. 

8 ‘‘(2) As an alternative to, or in addition to, estab9 lishing a program under this subsection, the Secretary 

10 may provide tuition assistance to an eligible spouse who 

11 is pursuing education, training, or a license or credential 

12 to expand the spouse’s employment and career opportuni13 ties. 

14 ‘‘(b) ELIGIBLE SPOUSES.—Assistance under this sec15 tion is limited to a spouse of a member of the armed forces 

16 who is serving on active duty. 

17 ‘‘(c) EXCEPTIONS.—Subsection (b) does not in18 clude— 

19 ‘‘(1) a person who is married to, but legally 

20 separated from, a member of the armed forces under 

21 court order or statute of any State or territorial pos22 session of the United States; and 

23 ‘‘(2) a spouse of a member of the armed forces 

24 who is also a member of the armed forces. 


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1 ‘‘(d) REGULATIONS.—The Secretary of Defense shall 

2 prescribe regulations to govern the availability and use of 

3 assistance under this section. The Secretary shall ensure 

4 that programs established under this section do not result 

5 in inequitable treatment for spouses of members of the 

6 armed forces who are also members, since they are ex7 cluded from participation in the programs under sub8 section (c)(2).’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such subchapter is amended by insert11 ing after the item relating to section 1784 the following 

12 new item: 

‘‘1784a. Education and training opportunities for military spouses to expand 

employment and career opportunities.’’. 

13 SEC. 583. SENSE OF THE CONGRESS REGARDING HONOR 

14 GUARD DETAILS FOR FUNERALS OF VET15 ERANS. 

16 It is the sense of the Congress that the Secretaries 

17 of the military departments should, to the maximum ex18 tent practicable, provide honor guard details for the funer19 als of veterans as is required under section 1491 of title 

20 10, United States Code, as added by section 567(b) of 

21 Public Law 105–261 (112 Stat. 2030). 


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1 Subtitle J—Other Matters 

2 SEC. 591. INCLUSION OF RESERVES IN PROVIDING FED3 ERAL AID FOR STATE GOVERNMENTS, EN4 FORCING FEDERAL AUTHORITY, AND RE5 SPONDING TO MAJOR PUBLIC EMERGENCIES. 

6 (a) FEDERAL AID FOR STATE GOVERNMENTS.—Sec7 tion 331 of title 10, United States Code, is amended by 

8 striking ‘‘armed forces, as he’’ and inserting ‘‘armed 

9 forces (including units and members of the Army Reserve, 

10 Navy Reserve, Air Force Reserve, Marine Corps Reserve, 

11 and Coast Guard Reserve ordered to active duty for this 

12 purpose), as the President’’. 

13 (b) ENFORCEMENT OF FEDERAL AUTHORITY.—Sec14 tion 332 of such title is amended— 

15 (1) by striking ‘‘he may’’ and inserting ‘‘the 

16 President may’’; and 

17 (2) by striking ‘‘armed forces, as he’’ and in18 serting ‘‘armed forces (including units and members 

19 of the Army Reserve, Navy Reserve, Air Force Re20 serve, Marine Corps Reserve, and Coast Guard Re21 serve ordered to active duty for this purpose), as the 

22 President’’. 

23 (c) RESPONSE TO PUBLIC EMERGENCIES.—Section 

24 333(a)(1) of such title is amended by inserting after ‘‘Fed25 eral service’’ the following: ‘‘and units and members of the 


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1 Army Reserve, Navy Reserve, Air Force Reserve, Marine 

2 Corps Reserve, and Coast Guard Reserve ordered to active 

3 duty for this purpose’’. 

4 SEC. 592. INTEREST PAYMENTS ON CERTAIN CLAIMS ARIS5 ING FROM CORRECTION OF MILITARY 

6 RECORDS. 

7 (a) INTEREST PAYABLE ON CLAIMS.—Subsection (c) 

8 of section 1552 of title 10, United States Code, is amend9 ed by adding at the end the following new paragraph: 

10 ‘‘(4) If the correction of military records under this 

11 section involves setting aside a conviction by court-martial, 

12 the payment of a claim under this subsection in connection 

13 with the correction of the records shall include interest 

14 at not less than the rate of interest in effect under section 

15 1035 of this title at the time the payment is made. The 

16 interest shall be calculated on an annual basis, and com17 pounded, using the amount of the lost pay, allowances, 

18 compensation, emoluments, or other pecuniary benefits in19 volved, and the amount of any fine or forfeiture paid, be20 ginning from the date of the conviction through the date 

21 on which the payment is made.’’. 

22 (b) CONFORMING AMENDMENT REGARDING CORREC23 TIONS BOARD AUTHORITY TO OVERTURN CONVIC24 TIONS.—Subsection (f) of such section is amended by inVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 serting ‘‘convened after May 4, 1950, and’’ after ‘‘court2 martial cases’’. 

3 (c) CLERICAL AMENDMENTS.—Subsection (c) of such 

4 section is further amended— 

5 (1) by redesignating paragraphs (1), (2), and 

6 (3) as subparagraphs (A), (B), and (C), respectively; 

7 (2) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

8 (3) by striking ‘‘If the claimant’’ and inserting 

9 the following: 

10 ‘‘(2) If the claimant’’; and 

11 (4) by striking ‘‘A claimant’s acceptance’’ and 

12 inserting the following: 

13 ‘‘(3) A claimant’s acceptance’’. 

14 (d) RETROACTIVE EFFECTIVENESS OF AMEND15 MENTS.—The amendment made by subsection (a) shall 

16 apply with respect to any sentence of a court-martial set 

17 aside by a Corrections Board on or after October 1, 2007, 

18 when the Corrections Board includes an order or rec19 ommendation for the payment of a claim for the loss of 

20 pay, allowances, compensation, emoluments, or other pe21 cuniary benefits, or for the repayment of a fine or for22 feiture, that arose as a result of the conviction. In this 

23 subsection, the term ‘‘Corrections Board’’ has the mean24 ing given that term in section 1557 of title 10, United 

25 States Code. 


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1 SEC. 593. EXTENSION OF LIMITATION ON REDUCTIONS OF 

2 PERSONNEL OF AGENCIES RESPONSIBLE 

3 FOR REVIEW AND CORRECTION OF MILITARY 

4 RECORDS. 

5 Section 1559(a) of title 10, United States Code, is 

6 amended by striking ‘‘October 1, 2008’’ and inserting 

7 ‘‘December 31, 2010’’. 

8 SEC. 594. AUTHORITY TO ORDER RESERVE UNITS TO AC9 TIVE DUTY TO PROVIDE ASSISTANCE IN RE10 SPONSE TO A MAJOR DISASTER OR EMER11 GENCY. 

12 Section 12304(b) of title 10, United States Code, is 

13 amended— 

14 (1) by redesignating paragraphs (1) and (2) as 

15 subparagraphs (A) and (B), respectively; 

16 (2) by inserting ‘‘(1)’’ before ‘‘The authority’’; 

17 and 

18 (3) by adding at the end the following new 

19 paragraph: 

20 ‘‘(2) The authority under subsection (a) includes au21 thority to order any unit of the Selected Reserve of the 

22 Army Reserve, Navy Reserve, Air Force Reserve, Marine 

23 Corps Reserve, or Coast Guard Reserve to active duty to 

24 provide assistance in responding to a major disaster or 

25 emergency (as those terms are defined in section 102 of 


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1 the Robert T. Stafford Disaster Relief and Emergency As2 sistance Act (42 U.S.C. 5122)).’’. 

3 SEC. 595. SENIOR MILITARY LEADERSHIP DIVERSITY COM4 MISSION. 

5 (a) ESTABLISHMENT OF COMMISSION.—There is 

6 hereby established a commission to be known as the ‘‘Sen7 ior Military Leadership Diversity Commission’’. 

8 (b) COMPOSITION.— 

9 (1) MEMBERSHIP.—The commission shall be 

10 composed of 23 members, as follows: 

11 (A) The Director of the Defense Manpower 

12 Management Center. 

13 (B) The Director of the Defense Equal 

14 Opportunity Management Institute. 

15 (C) 1 senior military leader from each of 

16 the Army, Navy, Air Force, and Marine Corps 

17 who serves or has served in a leadership posi18 tion with either a military department com19 mand or combatant command shall be ap20 pointed by the Secretary of Defense. 

21 (D) 1 retired general or flag officer from 

22 each of the Army, Navy, Air Force, and Marine 

23 Corps shall be appointed by the Secretary of 

24 Defense. 


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1 (E) 1 retired senior noncommissioned offi2 cer from each of the Army, Navy, Air Force, 

3 and Marine Corps shall be appointed by the 

4 Secretary of Defense. 

5 (F) 5 retired senior officers who served in 

6 leadership positions with either a military de7 partment command or combatant command 

8 shall be appointed by the Secretary of Defense, 

9 of which no less than 3 shall represent the 

10 views of minority veterans. 

11 (G) 4 individuals with expertise in culti12 vating diverse leaders in private or non-profit 

13 organizations shall be appointed by the Sec14 retary of Defense. 

15 (2) CHAIRMAN.—The Secretary of Defense 

16 shall designate one member described in paragraphs 

17 (1)(F) or (1)(G) as chairman of the commission. 

18 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

19 Members shall be appointed for the life of the com20 mission. Any vacancy in the commission shall be 

21 filled in the same manner as the original appoint22 ment. 

23 (4) DEADLINE FOR APPOINTMENT.—All mem24 bers of the commission shall be appointed not later 


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1 than 60 days after the date of the enactment of this 

2 Act. 

3 (5) QUORUM.—12 members of the commission 

4 shall constitute a quorum but a lesser number may 

5 hold hearings. 

6 (c) MEETINGS.— 

7 (1) INITIAL MEETING.—The commission shall 

8 conduct its first meeting not later than 30 days 

9 after the date on which a majority of the appointed 

10 members of the commission have been appointed. 

11 (2) MEETINGS.—The commission shall meet at 

12 the call of the chairman. 

13 (d) DUTIES.— 

14 (1) STUDY.—The commission shall study the 

15 diversity within the senior leadership of the Armed 

16 Forces. The study shall be a comprehensive evalua17 tion and assessment of policies that provide opportu18 nities for the advancement of minority members of 

19 the Armed Forces. 

20 (2) SCOPE OF STUDY.—In carrying out the 

21 study, the commission shall examine the following: 

22 (A) Efforts to develop and maintain di23 verse leadership at all levels of the Armed 

24 Forces. 


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1 (B) The successes and failures of devel2 oping and maintaining a diverse leadership, 

3 particularly at the general and flag officer posi4 tions. 

5 (C) The effect of expanding Department of 

6 Defense secondary educational programs to di7 verse civilian populations, to include service 

8 academy preparatory schools. 

9 (D) The ability of current recruitment and 

10 retention practices to attract and maintain a di11 verse pool of qualified individuals in sufficient 

12 numbers in officer pre-commissioning programs. 

13 (E) The ability of current activities to in14 crease continuation rates for ethnic and gender 

15 specific members of the Armed Forces. 

16 (F) The benefits of conducting an annual 

17 conference attended by civilian military, active18 duty and retired military, and corporate leaders 

19 on diversity, to include a review of current pol20 icy and the annual demographic data from the 

21 Defense Equal Opportunity Management Insti22 tute. 

23 (G) The status of prior recommendations 

24 made to the Department of Defense and to 


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1 Congress concerning diversity initiatives within 

2 the Armed Forces. 

3 (H) The incorporation of private sector 

4 practices that have been successful in culti5 vating diverse leadership. 

6 (I) The establishment and maintenance of 

7 fair promotion and command opportunities for 

8 ethnic and gender specific members of the 

9 Armed Forces at the O–5 grade level and 

10 above. 

11 (J) An assessment of pre-command billet 

12 assignments of ethnic-specific members of the 

13 Armed Forces. 

14 (K) An assessment of command selection 

15 of ethnic-specific members of the Armed 

16 Forces. 

17 (3) CONSULTATION WITH PRIVATE PARTIES.— 

18 In carrying out the study under this subsection, the 

19 commission may consult with appropriate private, 

20 for profit, and non-profit organizations and advocacy 

21 groups to learn methods for developing, imple22 menting, and sustaining senior diverse leadership 

23 within the Department of Defense. 

24 (e) REPORTS.— 


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1 (1) IN GENERAL.—Not later than 12 months 

2 after the date on which the commission first meets, 

3 the commission shall submit to the President and 

4 Congress a report on the study. The report shall in5 clude the following— 

6 (A) the findings and conclusions of the 

7 commission; 

8 (B) the recommendations of the commis9 sion for improving diversity within the Depart10 ment of Defense; and 

11 (C) other information and recommenda12 tions the commission considers appropriate. 

13 (2) INTERIM REPORTS.—The commission may 

14 submit to the President and Congress interim re15 ports as the Commission considers appropriate. 

16 (f) POWERS OF THE COMMISSION.— 

17 (1) HEARINGS.—The commission may hold 

18 such hearings, sit and act at such times and places, 

19 take such testimony, and receive such evidence as 

20 the commission considers appropriate. 

21 (2) INFORMATION FROM FEDERAL AGENCIES.— 

22 Upon request by the chairman of the commission, 

23 any department or agency of the Federal Govern24 ment may provide information that the commission 

25 considers necessary to carry out its duties. 


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1 (g) INCLUSION OF COAST GUARD IN SENIOR MILI2 TARY LEADERSHIP DIVERSITY COMMISSION.— 

3 (1) EXPANSION OF COMMISSION.—The commis4 sion shall include two additional members, as fol5 lows: 

6 (A) 1 retired flag officer of the Coast 

7 Guard appointed by the Secretary of Homeland 

8 Security, in consultation with the Commandant 

9 of the Coast Guard. 

10 (B) 1 senior commissioned officer or non11 commissioned officer of the Coast Guard on ac12 tive duty appointed by the Secretary of Home13 land Security, in consultation with the Com14 mandant of the Coast Guard. 

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

16 the term ‘‘Armed Forces’’ means the Army, Navy, 

17 Air Force, Marine Corps, and Coast Guard. 

18 (h) TERMINATION OF COMMISSION.—The commis19 sion shall terminate 60 days after the date on which the 

20 commission submits the report under subsection (e)(1). 

21 SEC. 596. LIMITATION ON SIMULTANEOUS DEPLOYMENT TO 

22 COMBAT ZONES OF DUAL-MILITARY COUPLES 

23 WHO HAVE MINOR DEPENDENTS. 

24 (a) AUTHORITY TO OBTAIN DEFERMENT.—In the 

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1 ents who has a spouse who is also a member of the Armed 

2 Forces, and the spouse is deployed in an area for which 

3 imminent danger pay is authorized under section 310 of 

4 title 37, United States Code, the member may request a 

5 deferment of a deployment to such an area until the 

6 spouse returns from such deployment. 

7 (b) REPEAL OF LIMITED AUTHORITY.—Section 586 

8 of the National Defense Authorization Act for Fiscal Year 

9 2008 (Public Law 11-–181; 112 Stat. 132; 10 U.S.C. 991 

10 note) is amended by striking the second sentence. 

11 SEC. 597. ADDITIONAL FUNDS TO CARRY OUT FUNERAL 

12 HONOR FUNCTIONS AT FUNERALS FOR VET13 ERANS. 

14 (a) ADDITIONAL FUNDS.—The amount made avail15 able in section 421 is hereby increased by $3,000,000, of 

16 which $1,000,000 shall be available to the Secretary of 

17 the Army, $1,000,000 shall be available to the Secretary 

18 of the Navy, and $1,000,000 shall be available to the Sec19 retary of the Air Force to comply with the requirements 

20 of section 1491 of title 10, United States Code. 

21 (b) CORRESPONDING OFFSET.—The amount pro22 vided in section 201(1) for research, development, test, 

23 and evaluation, Army, is hereby reduced by $3,000,000, 

24 to be derived from the basic research under the University 

25 Research Initiatives. 


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1 TITLE VI—COMPENSATION AND 

2 OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Fiscal year 2009 increase in military basic pay. 

Sec. 602. Permanent prohibition on charges for meals received at military 

treatment facilities by members receiving continuous care. 

Sec. 603. Equitable treatment of senior enlisted members in computation of 

basic allowance for housing. 

Sec. 604. Increase in maximum authorized payment or reimbursement amount 

for temporary lodging expenses. 

Sec. 605. Availability of portion of a second family separation allowance for 

married couples with dependents. 

Sec. 606. Stabilization of pay and allowances for senior enlisted members and 

warrant officers appointed as officers and officers reappointed 

in a lower grade. 

Sec. 607. Extension of authority for income replacement payments for reserve 

component members experiencing extended and frequent mobilization for active duty service. 

Sec. 608. Guaranteed pay increase for members of the Armed Forces of onehalf of one percentage point higher than Employment Cost 

Index. 

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. 

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. 

Sec. 620. Temporary targeted bonus authority to increase direct accessions of 

officers in certain health professions. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Increased weight allowance for transportation of baggage and household effects for certain enlisted members. 

Sec. 632. Additional weight allowance for transportation of materials associated 

with employment of a member’s spouse or community support 

volunteer or charity activities. 


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Sec. 633. Transportation of family pets during evacuation of nonessential personnel. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Equity in computation of disability retired pay for reserve component 

members wounded in action. 

Sec. 642. Effect of termination of subsequent marriage on payment of Survivor 

Benefit Plan annuity to surviving spouse or former spouse who 

previously transferred annuity to dependent children. 

Sec. 643. 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. 644. Election to receive retired pay for non-regular service upon retirement 

for service in an active reserve status performed after attaining 

eligibility for regular retirement. 

Sec. 645. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement. 

Sec. 646. Correction of unintended reduction in survivor benefit plan annuities 

due to phased elimination of two-tier annuity computation and 

supplemental annuity. 

Sec. 647. Presumption of death for participants in Survivor Benefit Plan in 

missing status. 

Sec. 648. Eligibility for disability retired pay and separation pay of certain 

former cadets and midshipmen with prior enlisted service. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

and Operations 

Sec. 651. Use of commissary stores surcharges derived from temporary commissary initiatives for reserve components and retired members. 

Sec. 652. Requirements for private operation of commissary store functions. 

Sec. 653. Additional exception to limitation on use of appropriated funds for 

Department of Defense golf courses. 

Sec. 654. Enhanced enforcement of prohibition on sale or rental of sexually explicit material on military installations. 

Sec. 655. Requirement to buy military decorations, ribbons, badges, medals, insignia, and other uniform accouterments produced in the 

United States. 

Sec. 656. Use of appropriated funds to pay post allowances or overseas cost 

of living allowances to nonappropriated fund instrumentality 

employees serving overseas. 

Sec. 657. Study regarding sale of alcoholic wine and beer in commissary stores 

in addition to exchange stores. 

Subtitle F—Other Matters 

Sec. 661. Bonus to encourage Army personnel and other persons to refer persons for enlistment in the Army. 

Sec. 662. Continuation of entitlement to bonuses and similar benefits for members of the uniformed services who die, are separated or retired 

for disability, or meet other criteria. 

Sec. 663. Providing injured members of the Armed Forces information concerning benefits. 


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Sec. 664. Postal benefits program for members of the Armed Forces serving 

in Iraq or Afghanistan. 

1 Subtitle A—Pay and Allowances 

2 SEC. 601. FISCAL YEAR 2009 INCREASE IN MILITARY BASIC 

3 PAY. 

4 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 

5 adjustment to become effective during fiscal year 2009 re6 quired by section 1009 of title 37, United States Code, 

7 in the rates of monthly basic pay authorized members of 

8 the uniformed services shall not be made. 

9 (b) INCREASE IN BASIC PAY.—Effective on January 

10 1, 2009, the rates of monthly basic pay for members of 

11 the uniformed services are increased by 3.9 percent. 

12 SEC. 602. PERMANENT PROHIBITION ON CHARGES FOR 

13 MEALS RECEIVED AT MILITARY TREATMENT 

14 FACILITIES BY MEMBERS RECEIVING CON15 TINUOUS CARE. 

16 Section 402(h) of title 37, United States Code, is 

17 amended by striking paragraph (3). 

18 SEC. 603. EQUITABLE TREATMENT OF SENIOR ENLISTED 

19 MEMBERS IN COMPUTATION OF BASIC AL20 LOWANCE FOR HOUSING. 

21 Section 403(b)(2) of title 37, United States Code, is 

22 amended by adding at the end the following new sentence: 

23 ‘‘After June 30, 2009, the determination of what con24 stitutes adequate housing for members in the pay grade 


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1 E–8 with dependents shall be equivalent to the higher 

2 standard in effect for members in the pay grade E–9 with 

3 dependents.’’. 

4 SEC. 604. INCREASE IN MAXIMUM AUTHORIZED PAYMENT 

5 OR REIMBURSEMENT AMOUNT FOR TEM6 PORARY LODGING EXPENSES. 

7 (a) INCREASE.—Section 404a(e) of title 37, United 

8 States Code, is amended by striking ‘‘$180 a day’’ and 

9 inserting ‘‘$290 a day’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall take effect on October 1, 2008. 

12 SEC. 605. AVAILABILITY OF PORTION OF A SECOND FAMILY 

13 SEPARATION ALLOWANCE FOR MARRIED 

14 COUPLES WITH DEPENDENTS. 

15 (a) AVAILABILITY.—Section 427(d) of title 37, 

16 United States Code, is amended— 

17 (1) by inserting ‘‘(1)’’ before ‘‘A member’’; 

18 (2) by striking ‘‘Section 421’’ and inserting the 

19 following: 

20 ‘‘(3) Section 421’’; 

21 (3) by striking ‘‘However’’ and inserting ‘‘Ex22 cept as provided in paragraph (2)’’; and 

23 (4) by inserting before paragraph (3), as so 

24 designated, the following new paragraph: 


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1 ‘‘(2) If a married couple, both of whom are members 

2 of the uniformed services, with dependents are simulta3 neously assigned to duties described in subparagraph (A), 

4 (B), or (C) of subsection (a)(1) and the members resided 

5 together with their dependents immediately before their 

6 assignments, the Secretary concerned shall pay one of the 

7 members the full amount of the monthly allowance speci8 fied in such subsection and the other member one-half of 

9 the monthly allowance amount until one of the members 

10 is no longer assigned to duties described in such subpara11 graphs. Upon expiration of the partial allowance, para12 graph (1) shall continue to apply to the remaining member 

13 so long as the member is assigned to duties described in 

14 subparagraph (A), (B), or (C) of such subsection.’’. 

15 (b) APPLICATION OF AMENDMENT.—Paragraph (2) 

16 of subsection (d) of section 427 of title 37, United States 

17 Code, as added by subsection (a), shall apply with respect 

18 to members of the uniformed services described in such 

19 paragraph who perform service covered by subparagraph 

20 (A), (B), or (C) of subsection (a)(1) such section on or 

21 after October 1, 2008. 


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1 SEC. 606. STABILIZATION OF PAY AND ALLOWANCES FOR 

2 SENIOR ENLISTED MEMBERS AND WARRANT 

3 OFFICERS APPOINTED AS OFFICERS AND OF4 FICERS REAPPOINTED IN A LOWER GRADE. 

5 (a) IN GENERAL.—Section 907 of title 37, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 907. Members appointed or reappointed as officers: 

8 no reduction in pay and allowances 

9 ‘‘(a) STABILIZATION OF PAY AND ALLOWANCES.—A 

10 member of the armed forces who accepts an appointment 

11 or reappointment as an officer without a break in service 

12 shall, for service as an officer, be paid the greater of— 

13 ‘‘(1) the pay and allowances to which the officer 

14 is entitled as an officer; or 

15 ‘‘(2) the pay and allowances to which the officer 

16 would be entitled if the officer were in the last grade 

17 the officer held before the appointment or reappoint18 ment as an officer. 

19 ‘‘(b) COVERED PAYS.—(1) Subject to paragraphs (2) 

20 and (3), for the purposes of this section, the pay of a grade 

21 formerly held by an officer described in subsection (a) in22 clude special and incentive pays under chapter 5 of this 

23 title. 

24 ‘‘(2) In determining the amount of the pay of a grade 

25 formerly held by an officer, special and incentive pays may 

26 be considered only so long as the officer continues to perVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 form the duty that creates the entitlement to, or eligibility 

2 for, that pay and would otherwise be eligible to receive 

3 that pay in the former grade. 

4 ‘‘(3) Special and incentive pays that are dependent 

5 on a member being in an enlisted status may not be con6 sidered in determining the amount of the pay of a grade 

7 formerly held by an officer. 

8 ‘‘(c) COVERED ALLOWANCES.—(1) Subject to para9 graph (2), for the purposes of this section, the allowances 

10 of a grade formerly held by an officer described in sub11 section (a) include allowances under chapter 7 of this title. 

12 ‘‘(2) The clothing allowance under section 418 of this 

13 title may not be considered in determining the amount of 

14 the allowances of a grade formerly held by an officer de15 scribed in subsection (a) if the officer is entitled to a uni16 form allowance under section 415 of this title. 

17 ‘‘(d) RATES OF PAY AND ALLOWANCES.—For the 

18 purposes of this section, the rates of pay and allowances 

19 of a grade that an officer formerly held are those rates 

20 that the officer would be entitled to had the officer re21 mained in that grade and continued to receive the in22 creases in pay and allowances authorized for that grade, 

23 as otherwise provided in this title or other provisions of 

24 law.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 17 of such title is amended 

3 by striking the item relating to section 907 and inserting 

4 the following new item: 

‘‘907. Members appointed or reappointed as officers: no reduction in pay and 

allowances.’’. 

5 SEC. 607. EXTENSION OF AUTHORITY FOR INCOME RE6 PLACEMENT PAYMENTS FOR RESERVE COM7 PONENT MEMBERS EXPERIENCING EX8 TENDED AND FREQUENT MOBILIZATION FOR 

9 ACTIVE DUTY SERVICE. 

10 Section 910(g) of title 37, United States Code, is 

11 amended by striking ‘‘December 31, 2008’’ and inserting 

12 ‘‘December 31, 2009’’. 

13 SEC. 608. GUARANTEED PAY INCREASE FOR MEMBERS OF 

14 THE ARMED FORCES OF ONE-HALF OF ONE 

15 PERCENTAGE POINT HIGHER THAN EMPLOY16 MENT COST INDEX. 

17 Section 1009(c)(2) of title 37, United States Code, 

18 is amended by striking ‘‘fiscal years 2004, 2005, and 

19 2006’’ and inserting ‘‘fiscal years 2010 through 2013’’. 


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1 Subtitle B—Bonuses and Special 

2 and Incentive Pays 

3 SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL 

4 PAY AUTHORITIES FOR RESERVE FORCES. 

5 (a) SELECTED RESERVE REENLISTMENT BONUS.— 

6 Section 308b(g) of title 37, United States Code, is amend7 ed by striking ‘‘December 31, 2008’’ and inserting ‘‘De8 cember 31, 2009’’. 

9 (b) SELECTED RESERVE AFFILIATION OR ENLIST10 MENT BONUS.—Section 308c(i) of such title is amended 

11 by striking ‘‘December 31, 2008’’ and inserting ‘‘Decem12 ber 31, 2009’’. 

13 (c) SPECIAL PAY FOR ENLISTED MEMBERS AS14 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

15 308d(c) of such title is amended by striking ‘‘December 

16 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

17 (d) READY RESERVE ENLISTMENT BONUS FOR PER18 SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of 

19 such title is amended by striking ‘‘December 31, 2008’’ 

20 and inserting ‘‘December 31, 2009’’. 

21 (e) READY RESERVE ENLISTMENT AND REENLIST22 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec23 tion 308h(e) of such title is amended by striking ‘‘Decem24 ber 31, 2008’’ and inserting ‘‘December 31, 2009’’. 


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1 (f) SELECTED RESERVE ENLISTMENT BONUS FOR

2 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 

3 title is amended by striking ‘‘December 31, 2008’’ and in4 serting ‘‘December 31, 2009’’. 

5 SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 

6 PAY AUTHORITIES FOR HEALTH CARE PRO7 FESSIONALS. 

8 (a) NURSE OFFICER CANDIDATE ACCESSION PRO9 GRAM.—Section 2130a(a)(1) of title 10, United States 

10 Code, is amended by striking ‘‘December 31, 2008’’ and 

11 inserting ‘‘December 31, 2009’’. 

12 (b) REPAYMENT OF EDUCATION LOANS FOR CER13 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE14 LECTED RESERVE.—Section 16302(d) of such title is 

15 amended— 

16 (1) by striking ‘‘before’’ and inserting ‘‘on or 

17 before’’; and 

18 (2) by striking ‘‘January 1, 2009’’ and insert19 ing ‘‘December 31, 2009’’. 

20 (c) ACCESSION BONUS FOR REGISTERED NURSES.— 

21 Section 302d(a)(1) of title 37, United States Code, is 

22 amended by striking ‘‘December 31, 2008’’ and inserting 

23 ‘‘December 31, 2009’’. 

24 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES25 THETISTS.—Section 302e(a)(1) of such title is amended 


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1 by striking ‘‘December 31, 2008’’ and inserting ‘‘Decem2 ber 31, 2009’’. 

3 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

4 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE5 CIALTIES.—Section 302g(e) of such title is amended by 

6 striking ‘‘December 31, 2008’’ and inserting ‘‘December 

7 31, 2009’’. 

8 (f) ACCESSION BONUS FOR DENTAL OFFICERS.— 

9 Section 302h(a)(1) of such title is amended by striking 

10 ‘‘December 31, 2008’’ and inserting ‘‘December 31, 

11 2009’’. 

12 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

13 Section 302j(a) of such title is amended by striking ‘‘De14 cember 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

15 (h) ACCESSION BONUS FOR MEDICAL OFFICERS IN

16 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

17 302k(f) of such title is amended by striking ‘‘December 

18 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

19 (i) ACCESSION BONUS FOR DENTAL SPECIALIST OF20 FICERS IN CRITICALLY SHORT WARTIME SPECIALTIES.— 

21 Section 302l(g) of such title is amended by striking ‘‘De22 cember 31, 2008’’ and inserting ‘‘December 31, 2009’’. 


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1 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU2 THORITIES FOR NUCLEAR OFFICERS. 

3 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI4 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

5 312(f) of title 37, United States Code, is amended by 

6 striking ‘‘December 31, 2008’’ and inserting ‘‘December 

7 31, 2009’’. 

8 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

9 312b(c) of such title is amended by striking ‘‘December 

10 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

11 (c) NUCLEAR CAREER ANNUAL INCENTIVE

12 BONUS.—Section 312c(d) of such title is amended by 

13 striking ‘‘December 31, 2008’’ and inserting ‘‘December 

14 31, 2009’’. 

15 SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAY16 MENT OF OTHER TITLE 37 BONUSES AND SPE17 CIAL PAYS. 

18 (a) AVIATION OFFICER RETENTION BONUS.—Sec19 tion 301b(a) of title 37, United States Code, is amended 

20 by striking ‘‘December 31, 2008’’ and inserting ‘‘Decem21 ber 31, 2009’’. 

22 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) 

23 of such title is amended by striking ‘‘December 31, 2008’’ 

24 and inserting ‘‘December 31, 2009’’. 

25 (c) REENLISTMENT BONUS FOR ACTIVE MEM26 BERS.—Section 308(g) of such title is amended by strikVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 ing ‘‘December 31, 2008’’ and inserting ‘‘December 31, 

2 2009’’. 

3 (d) ENLISTMENT BONUS.—Section 309(e) of such 

4 title is amended by striking ‘‘December 31, 2008’’ and in5 serting ‘‘December 31, 2009’’. 

6 (e) ACCESSION BONUS FOR NEW OFFICERS IN CRIT7 ICAL SKILLS.—Section 324(g) of such title is amended by 

8 striking ‘‘December 31, 2008’’ and inserting ‘‘December 

9 31, 2009’’. 

10 (f) INCENTIVE BONUS FOR CONVERSION TO MILI11 TARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL

12 SHORTAGE.—Section 326(g) of such title is amended by 

13 striking ‘‘December 31, 2008’’ and inserting ‘‘December 

14 31, 2009’’. 

15 (g) ACCESSION BONUS FOR OFFICER CAN16 DIDATES.—Section 330(f) of such title is amended by 

17 striking ‘‘December 31, 2008’’ and inserting ‘‘December 

18 31, 2009’’. 

19 (h) RETENTION BONUS FOR MEMBERS WITH CRIT20 ICAL MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY

21 UNITS.—Section 355(i) of such title, as redesignated by 

22 section 661(c) of the National Defense Authorization Act 

23 for Fiscal Year 2008, is amended by striking ‘‘December 

24 31, 2008’’ and inserting ‘‘December 31, 2009’’. 


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1 SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAY2 MENT OF REFERRAL BONUSES. 

3 (a) HEALTH PROFESSIONS REFERRAL BONUS.— 

4 Subsection (i) of section 1030 of title 10, United States 

5 Code, as added by section 671(b) of the National Defense 

6 Authorization Act for Fiscal Year 2008, is amended by 

7 striking ‘‘December 31, 2008’’ and inserting ‘‘December 

8 31, 2009’’. 

9 (b) ARMY REFERRAL BONUS.—Subsection (h) of sec10 tion 3252 of title 10, United States Code, as added by 

11 section 671(a) of the National Defense Authorization Act 

12 for Fiscal Year 2008, is amended by striking ‘‘December 

13 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

14 SEC. 616. INCREASE IN MAXIMUM BONUS AND STIPEND 

15 AMOUNTS AUTHORIZED UNDER NURSE OFFI16 CER CANDIDATE ACCESSION PROGRAM. 

17 (a) ACCESSION BONUS.—Paragraph (1) of section 

18 2130a(a) of title 10, United States Code, is amended— 

19 (1) by striking ‘‘$10,000’’ and inserting 

20 ‘‘$20,000’’; and 

21 (2) by striking ‘‘$5,000’’ and inserting 

22 ‘‘$10,000’’. 

23 (b) MONTHLY STIPEND.—Paragraph (2) of such sec24 tion is amended by striking ‘‘$1,000’’ and inserting 

25 ‘‘$1,250’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on October 1, 2008. 

3 SEC. 617. MAXIMUM LENGTH OF NUCLEAR OFFICER INCEN4 TIVE PAY AGREEMENTS FOR SERVICE. 

5 Section 312(a)(3) of title 37, United States Code, is 

6 amended by striking ‘‘three, four, or five years’’ and in7 serting ‘‘not less than three years’’. 

8 SEC. 618. TECHNICAL CHANGES REGARDING CONSOLIDA9 TION OF SPECIAL PAY, INCENTIVE PAY, AND 

10 BONUS AUTHORITIES OF THE UNIFORMED 

11 SERVICES. 

12 (a) ELIGIBILITY REQUIREMENTS FOR NUCLEAR OF13 FICER BONUS AND INCENTIVE PAY.—Section 333 of title 

14 37, United States Code, is amended— 

15 (1) in subsection (a)(2), by striking ‘‘and oper16 ational’’; and 

17 (2) in subsection (b)(2), by striking ‘‘and oper18 ational’’. 

19 (b) RELATIONSHIP OF AVIATION INCENTIVE PAY TO

20 OTHER PAY AND ALLOWANCES.—Section 334(f)(1) of 

21 such title is amended by striking ‘‘section 351’’ and insert22 ing ‘‘section 351(a)(2)’’. 

23 (c) HEALTH PROFESSIONS INCENTIVE PAY.—Sec24 tion 335(e)(1)(D)(i) of such title is amended by striking 

25 ‘‘dental surgeons’’ and inserting ‘‘dental officers’’. 


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1 (d) NO PRO-RATED PAYMENT OF CERTAIN HAZ2 ARDOUS DUTY PAYS.—Section 351(c) of such title is 

3 amended by striking ‘‘subsection (a)’’ and inserting ‘‘para4 graph (1) or (3) of subsection (a)’’. 

5 (e) AVAILABILITY OF HAZARDOUS DUTY PAY.—Sec6 tion 351(f) of such title is amended— 

7 (1) by striking ‘‘in administering subsection 

8 (a)’’ and inserting ‘‘in connection with determining 

9 whether a triggering event has occurred for the pro10 vision of hazardous duty pay under subsection 

11 (a)(1)’’; and 

12 (2) by striking the last sentence. 

13 (f) TERMINATION PROVISION FOR HAZARDOUS DUTY

14 PAY.—Section 351(i) of such title is amended by inserting 

15 before the period the following: ‘‘, unless receipt of the 

16 hazardous duty pay is specified in an agreement entered 

17 into between the member and the Secretary concerned be18 fore that date’’. 

19 SEC. 619. USE OF NEW SKILL INCENTIVE PAY AND PRO20 FICIENCY BONUS AUTHORITIES TO ENCOUR21 AGE TRAINING IN CRITICAL FOREIGN LAN22 GUAGES AND FOREIGN CULTURAL STUDIES. 

23 (a) ELIGIBILITY FOR SKILL PROFICIENCY BONUS.— 

24 Subsection (b) of section 353 of title 37, United States 

25 Code, is amended to read as follows: 


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1 ‘‘(b) SKILL PROFICIENCY BONUS.— 

2 ‘‘(1) AVAILABILITY; ELIGIBLE PERSONS.—The 

3 Secretary concerned may pay a proficiency bonus to 

4 a member of a regular or reserve component of the 

5 uniformed services who— 

6 ‘‘(A) is entitled to basic pay under section 

7 204 of this title or compensation under section 

8 206 of this title or is enrolled in an officer 

9 training program; and 

10 ‘‘(B) is determined to have, and maintains, 

11 certified proficiency under subsection (d) in a 

12 skill designated as critical by the Secretary con13 cerned or is in training to acquire proficiency in 

14 a critical foreign language or expertise in for15 eign cultural studies or a related skill des16 ignated as critical by the Secretary concerned. 

17 ‘‘(2) INCLUSION OF CERTAIN SENIOR ROTC

18 MEMBERS.—A proficiency bonus may be paid under 

19 this subsection to a student who is enrolled in the 

20 Senior Reserve Officers’ Training Corps program 

21 even though the student is in the first year of the 

22 four-year course under the program. During the pe23 riod covered by the proficiency bonus, the student 

24 shall also be entitled to a monthly subsistence allow25 ance under section 209(c) of this title even though 


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1 the student has not entered into an agreement under 

2 section 2103a of title 10. However, if the student re3 ceives incentive pay under subsection (g)(2) for the 

4 same period, the student may receive only a single 

5 monthly subsistence allowance under section 209(c) 

6 of this title.’’. 

7 (b) AVAILABILITY OF INCENTIVE PAY FOR PARTICI8 PATION IN FOREIGN LANGUAGE EDUCATION OR TRAIN9 ING PROGRAMS.—Such section is further amended— 

10 (1) by redesignating subsections (g), (h), and 

11 (i) as subsections (h), (i), and (j), respectively; and 

12 (2) by inserting after subsection (f) the fol13 lowing new subsection (g): 

14 ‘‘(g) FOREIGN LANGUAGE STUDIES IN OFFICER

15 TRAINING PROGRAMS.— 

16 ‘‘(1) AVAILABILITY OF INCENTIVE PAY.—The 

17 Secretary concerned may pay incentive pay to a per18 son enrolled in an officer training program to also 

19 participate in an education or training program to 

20 acquire proficiency in a critical foreign language or 

21 expertise in foreign cultural studies or a related skill 

22 designated as critical by the Secretary concerned. 

23 ‘‘(2) INCLUSION OF CERTAIN SENIOR ROTC

24 MEMBERS.—Incentive pay may be paid under this 

25 subsection to a student who is enrolled in the Senior 


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1 Reserve Officers’ Training Corps program even 

2 though the student is in the first year of the four3 year course under the program. While the student 

4 receives the incentive pay, the student shall also be 

5 entitled to a monthly subsistence allowance under 

6 section 209(c) of this title even though the student 

7 has not entered into an agreement under section 

8 2103a of title 10. However, if the student receives 

9 a proficiency bonus under subsection (b)(2) covering 

10 the same month, the student may receive only a sin11 gle monthly subsistence allowance under section 

12 209(c) of this title. 

13 ‘‘(3) CRITICAL FOREIGN LANGUAGE DE14 FINED.—In this section, the term ‘critical foreign 

15 language’ includes Arabic, Korean, Japanese, Chi16 nese, Pashto, Persian-Farsi, Serbian-Croatian, Rus17 sian, Portuguese, or other language designated as 

18 critical by the Secretary concerned.’’. 

19 (c) PILOT PROGRAM FOR FOREIGN LANGUAGE PRO20 FICIENCY TRAINING FOR RESERVE MEMBERS.— 

21 (1) PILOT PROGRAM REQUIRED.—The Sec22 retary of Defense shall conduct a pilot program to 

23 provide a skill proficiency bonus under section 

24 353(b) of title 37, United States Code, to a member 

25 of a reserve component of the uniformed services 


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1 who is entitled to compensation under section 206 of 

2 such title while the member participates in an edu3 cation or training program to acquire proficiency in 

4 a critical foreign language or expertise in foreign 

5 cultural studies or a related skill designated as crit6 ical under such section 353. 

7 (2) DURATION OF PILOT PROGRAM.—The Sec8 retary shall conduct the pilot program during the pe9 riod beginning on October 1, 2008, and ending on 

10 December 31, 2013. Incentive pay may not be pro11 vided under the pilot program after December 31, 

12 2013. 

13 (3) REPORTING REQUIREMENT.—Not later than 

14 March 31, 2012, the Secretary shall submit to Con15 gress a report containing the results of the pilot pro16 gram and the recommendations of the Secretary re17 garding whether to continue or expand the pilot pro18 gram. 

19 (d) EXPEDITED IMPLEMENTATION.—Notwith20 standing section 662 of the National Defense Authoriza21 tion Act for Fiscal Year 2008 (Public Law 110–181; 122 

22 Stat. 180; 37 U.S.C. 301 note), the Secretary of a military 

23 department may immediately implement the amendments 

24 made by subsections (a) and (b) in order to ensure the 

25 prompt availability of proficiency bonuses and incentive 


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1 pay under section 353 of title 37, United States Code, as 

2 amended by such subsections, for persons enrolled in offi3 cer training programs. 

4 SEC. 620. TEMPORARY TARGETED BONUS AUTHORITY TO 

5 INCREASE DIRECT ACCESSIONS OF OFFICERS 

6 IN CERTAIN HEALTH PROFESSIONS. 

7 (a) DESIGNATION OF CRITICALLY SHORT WARTIME

8 HEALTH SPECIALTIES.—For purposes of section 335 of 

9 title 37, United States Code, as added by section 661 of 

10 the National Defense Authorization Act for Fiscal Year 

11 2008 (Public Law 110–181), the following health profes12 sions are designated as a critically short wartime specialty 

13 under subsection (a)(2) of such section: 

14 (1) Psychologists who have been awarded a di15 ploma as a Diplomate in Psychology by the Amer16 ican Board of Professional Psychology and are fully 

17 licensed and such other mental health practitioners 

18 as the Secretary concerned determines to be nec19 essary. 

20 (2) Registered nurses. 

21 (b) SPECIAL AGREEMENT AUTHORITY.—Under the 

22 authority provided by this section, the Secretary concerned 

23 may enter into an agreement under subsection (f) of sec24 tion 335 of title 37, United States Code, to pay a health 

25 professions bonus under such section to a person who acVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 cepts a commission or appointment as an officer and 

2 whose health profession specialty is specified in subsection 

3 (a). 

4 (c) EFFECTIVE PERIOD.—This section shall take ef5 fect on October 1, 2008. The designations made by sub6 section (a) and the authority to enter into an agreement 

7 under subsection (b) expire on September 30, 2010. 

8 Subtitle C—Travel and 

9 Transportation Allowances 

10 SEC. 631. INCREASED WEIGHT ALLOWANCE FOR TRANS11 PORTATION OF BAGGAGE AND HOUSEHOLD 

12 EFFECTS FOR CERTAIN ENLISTED MEMBERS. 

13 (a) ALLOWANCE.—The table in section 406(b)(1)(C) 

14 of title 37, United States Code, is amended by striking 

15 the items relating to pay grades E–5 through E–9 and 

16 inserting the following new items: 

Pay Grade Without Dependents With Dependents 

‘‘E–9 13,500 15,500 

E–8 12,500 14,500 

E–7 11,500 13,500 

E–6 8,500 11,500 

E–5 7,500 9,500’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 subsection (a) shall take effect on October 1, 2008. 


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1 SEC. 632. ADDITIONAL WEIGHT ALLOWANCE FOR TRANS2 PORTATION OF MATERIALS ASSOCIATED 

3 WITH EMPLOYMENT OF A MEMBER’S SPOUSE 

4 OR COMMUNITY SUPPORT VOLUNTEER OR 

5 CHARITY ACTIVITIES. 

6 (a) ADDITIONAL WEIGHT ALLOWANCE.—Section 

7 406(b)(1) of title 37, United States Code, is amended by 

8 adding at the end the following new subparagraph: 

9 ‘‘(H) In connection with a change of permanent sta10 tion of a member, the Secretary concerned shall increase 

11 the weight allowance otherwise applicable under subpara12 graph (C) for the member by 200 pounds for the purpose 

13 of facilitating the shipment of materials associated with 

14 the employment of the member’s spouse or community 

15 support volunteer or charity activities of the member and 

16 any dependents of the member.’’. 

17 SEC. 633. TRANSPORTATION OF FAMILY PETS DURING 

18 EVACUATION OF NONESSENTIAL PER19 SONNEL. 

20 Section 406(b)(1) of title 37, United States Code, is 

21 amended by inserting after subparagraph (H), as added 

22 by section 632, the following new subparagraph: 

23 ‘‘(I) In connection with an evacuation from a perma24 nent station located in a foreign area, a member is entitled 

25 to transportation of not more than two family household 

26 pets, including shipment and the payment of quarantine 


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1 fees, if any. As an alternative to the provision of transpor2 tation for the pets, the Secretary concerned may reim3 burse the member or provide a monetary allowance under 

4 subparagraph (F) if other commercial transportation 

5 means are used. A member is not entitled to transpor6 tation under this subparagraph for horses, livestock, or 

7 pets weighing in excess of 150 pounds or for animals that 

8 the Secretary concerned determines are exotic pets or en9 dangered species.’’. 

10 Subtitle D—Retired Pay and 

11 Survivor Benefits 

12 SEC. 641. EQUITY IN COMPUTATION OF DISABILITY RE13 TIRED PAY FOR RESERVE COMPONENT MEM14 BERS WOUNDED IN ACTION. 

15 Section 1208(b) of title 10, United States Code, is 

16 amended— 

17 (1) by striking ‘‘A member’’ and inserting ‘‘(1) 

18 Except as provided in paragraph (2), a member’’; 

19 and 

20 (2) by adding at the end the following new 

21 paragraph: 

22 ‘‘(2) If a member of the uniformed services who is 

23 not a member of a regular component is retired under this 

24 chapter or is placed on the temporary disability retired 

25 list under this chapter because of a disability incurred 


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1 after the date of the enactment of this paragraph for 

2 which the member is awarded the Purple Heart, the mem3 ber shall be credited, for the purposes of this chapter, with 

4 the number of years of service that would be counted if 

5 computing the member’s years of service under section 

6 12732 of this title.’’. 

7 SEC. 642. EFFECT OF TERMINATION OF SUBSEQUENT MAR8 RIAGE ON PAYMENT OF SURVIVOR BENEFIT 

9 PLAN ANNUITY TO SURVIVING SPOUSE OR 

10 FORMER SPOUSE WHO PREVIOUSLY TRANS11 FERRED ANNUITY TO DEPENDENT CHIL12 DREN. 

13 Section 1450(b)(3) of title 10, United States Code, 

14 is amended by adding at the end the following new sen15 tence: ‘‘The payment of an annuity to a surviving spouse 

16 or former spouse under this paragraph shall be resumed 

17 even though the surviving spouse or former spouse pre18 viously transferred the annuity to a child or children under 

19 section 1448(d)(2)(B) of this title if, when the marriage 

20 is so terminated, the child or children, due to loss of de21 pendent status, death, or other cause, are no longer eligi22 ble for the annuity under such section.’’. 


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1 SEC. 643. EXTENSION TO SURVIVORS OF CERTAIN MEM2 BERS WHO DIE ON ACTIVE DUTY OF SPECIAL 

3 SURVIVOR INDEMNITY ALLOWANCE FOR PER4 SONS AFFECTED BY REQUIRED SURVIVOR 

5 BENEFIT PLAN ANNUITY OFFSET FOR DE6 PENDENCY AND INDEMNITY COMPENSATION. 

7 (a) EXTENSION.—Subsection (m) of section 1450 of 

8 title 10, United States Code, as added by section 644 of 

9 the National Defense Authorization Act for Fiscal Year 

10 2008, is amended in paragraph (1)(B) by striking ‘‘section 

11 1448(a)(1) of this title’’ and inserting ‘‘subsection (a)(1) 

12 of section 1448 of this title or by reason of coverage under 

13 subsection (d) of such section’’. 

14 (b) APPLICATION OF AMENDMENT.—The amendment 

15 made by subsection (a) shall apply with respect to the 

16 month beginning on October 1, 2008, and subsequent 

17 months as provided by paragraph (6) of subsection (m) 

18 of section 1450 of title 10, United States Code, as added 

19 by section 644 of the National Defense Authorization Act 

20 for Fiscal Year 2008. 


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1 SEC. 644. ELECTION TO RECEIVE RETIRED PAY FOR NON2 REGULAR SERVICE UPON RETIREMENT FOR 

3 SERVICE IN AN ACTIVE RESERVE STATUS 

4 PERFORMED AFTER ATTAINING ELIGIBILITY 

5 FOR REGULAR RETIREMENT. 

6 (a) ELECTION AUTHORITY; REQUIREMENTS.—Sub7 section (a) of section 12741 of title 10, United States 

8 Code, is amended to read as follows: 

9 ‘‘(a) AUTHORITY TO ELECT TO RECEIVE RESERVE

10 RETIRED PAY.—(1) A person may elect to receive retired 

11 pay under this chapter, instead of receiving retired or re12 tainer pay under chapter 65, 367, 571, or 867 of this title, 

13 if— 

14 ‘‘(A) the person satisfies the requirements spec15 ified in paragraphs (1) and (2) of section 12731(a) 

16 of this title for entitlement to retired pay under this 

17 chapter; 

18 ‘‘(B) the person served in an active status in 

19 the Selected Reserve of the Ready Reserve after be20 coming eligible for retirement under chapter 65, 

21 367, 571, or 867 of this title (without regard to 

22 whether the person actually retired or received re23 tired or retainer pay under one of those chapters); 

24 ‘‘(C) the person completed not less than two 

25 years of service in such active status (excluding any 

26 period of active service); and 


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1 ‘‘(D) the service of the person in such active 

2 status is determined by the Secretary concerned to 

3 have been satisfactory. 

4 ‘‘(2) The Secretary concerned may reduce the two5 year service requirement specified in paragraph (1)(C) in 

6 the case of a person who— 

7 ‘‘(A) completed at least six months of service in 

8 a position of adjutant general required under section 

9 314 of title 32 or in a position of assistant adjutant 

10 general subordinate to such a position of adjutant 

11 general; and 

12 ‘‘(B) failed to complete the minimum two years 

13 of service solely because the appointment of the per14 son to such position was terminated or vacated as 

15 described in section 324(b) of title 32.’’. 

16 (b) ACTIONS TO EFFECTUATE ELECTION.—Sub17 section (b) of such section is amended by striking para18 graph (1) and inserting the following new paragraph: 

19 ‘‘(1) terminate the eligibility of the person to 

20 retire under chapter 65, 367, 571, or 867 of this 

21 title, if the person is not already retired under one 

22 of those chapters, and terminate entitlement of the 

23 person to retired or retainer pay under one of those 

24 chapters, if the person was already receiving retired 

25 or retainer pay under one of those chapters; and’’. 


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1 (c) CONFORMING AMENDMENT TO REFLECT NEW

2 VARIABLE AGE REQUIREMENT FOR RETIREMENT.—Sub3 section (d) of such section is amended— 

4 (1) in paragraph (1), by striking ‘‘attains 60 

5 years of age’’ and inserting ‘‘attains the eligibility 

6 age applicable to the person under section 12731(f) 

7 of this title’’; and 

8 (2) in paragraph (2)(A), by striking ‘‘attains 60 

9 years of age’’ and inserting ‘‘attains the eligibility 

10 age applicable to the person under such section’’. 

11 (d) REPEAL OF RESTRICTION ON ELECTION TO RE12 CEIVE RESERVE RETIRED PAY.—Section 12731(a) of 

13 such title is amended— 

14 (1) by inserting ‘‘and’’ at the end of paragraph 

15 (2); 

16 (2) by striking ‘‘; and’’ at the end of paragraph 

17 (3) and inserting a period; and 

18 (3) by striking paragraph (4). 

19 (e) CLERICAL AMENDMENTS.— 

20 (1) SECTION HEADING.—The heading for sec21 tion 12741 of such title is amended to read as fol22 lows: 


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1 ‘‘§ 12741. Retirement for service in an active status 

2 performed in the Selected Reserve of the 

3 Ready Reserve after eligibility for reg4 ular retirement’’. 

5 (2) TABLE OF SECTIONS.—The table of sections 

6 at the beginning of chapter 1223 of such title is 

7 amended by striking the item relating to section 

8 12741 and inserting the following new item: 

‘‘12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement.’’. 

9 (f) RETROACTIVE APPLICABILITY.—The amend10 ments made by this section shall take effect as of January 

11 1, 2008. 

12 SEC. 645. RECOMPUTATION OF RETIRED PAY AND ADJUST13 MENT OF RETIRED GRADE OF RESERVE RE14 TIREES TO REFLECT SERVICE AFTER RE15 TIREMENT. 

16 (a) RECOMPUTATION.—Section 10145 of title 10, 

17 United States Code, is amended by adding at the end the 

18 following new subsection: 

19 ‘‘(e)(1) If a member of the Retired Reserve is recalled 

20 to an active status under subsection (d) in the Selected 

21 Reserve of the Ready Reserve and completes not less than 

22 two years of service in such active status, the member is 

23 entitled to— 


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1 ‘‘(A) the recomputation of the retired pay of 

2 the member determined under section 12739 of this 

3 title; and 

4 ‘‘(B) in the case of a commissioned officer, an 

5 adjustment in the retired grade of the member in 

6 the manner provided in section 1370 of this title. 

7 ‘‘(2) The Secretary concerned may reduce the two8 year service requirement specified in paragraph (1) in the 

9 case of a member who— 

10 ‘‘(A) is recalled to serve in a position of adju11 tant general required under section 314 of title 32 

12 or in a position of assistant adjutant general subor13 dinate to such a position of adjutant general; 

14 ‘‘(B) completes at least six months of service in 

15 such position; and 

16 ‘‘(C) fails to complete the minimum two years 

17 of service solely because the appointment of the 

18 member to such position is terminated or vacated as 

19 described in section 324(b) of title 32.’’. 

20 (b) RETROACTIVE APPLICABILITY.—The amendment 

21 made by this section shall take effect as of January 1, 

22 2008. 


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1 SEC. 646. CORRECTION OF UNINTENDED REDUCTION IN 

2 SURVIVOR BENEFIT PLAN ANNUITIES DUE TO 

3 PHASED ELIMINATION OF TWO-TIER ANNU4 ITY COMPUTATION AND SUPPLEMENTAL AN5 NUITY. 

6 Effective as of October 28, 2004, and as if included 

7 therein as enacted, section 644(c) of the Ronald W. 

8 Reagan National Defense Authorization Act for Fiscal 

9 Year 2005 (Public Law 108–375; 118 Stat. 1961; 19 

10 U.S.C. 1450 note) is amended by adding at the end the 

11 following new paragraph: 

12 ‘‘(3) SAVINGS PROVISION.—If, as a result of the 

13 recomputation of annuities under section 1450 of 

14 title 10, United States Code, and supplemental sur15 vivor annuities under section 1457 of such title, as 

16 required by paragraph (1), the total amount of both 

17 annuities to be paid to an annuitant for a month 

18 would be less (because of the offset required by sec19 tion 1450(c) of such title for dependency and indem20 nity compensation) than the amount that would be 

21 paid to the annuitant in the absence of recomputa22 tion, the Secretary of Defense shall take such ac23 tions as are necessary to adjust the annuity amounts 

24 to eliminate the reduction.’’. 


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1 SEC. 647. PRESUMPTION OF DEATH FOR PARTICIPANTS IN 

2 SURVIVOR BENEFIT PLAN IN MISSING STA3 TUS. 

4 (a) CONDITIONS ON PRESUMPTION.—In the case of 

5 a participant in the Survivor Benefit Plan who has been 

6 determined by the Secretary of State to have been kid7 napped in Iraq or Afghanistan on or after August 1, 2007, 

8 the Secretary of a military department may not make a 

9 determination under section 1450(l) of title 10, United 

10 States Code, that the participant is missing, with the pre11 sumption of death, until the earlier of— 

12 (1) a period of at least 7 years expires after the 

13 date of the determination of the Secretary of State; 

14 or 

15 (2) the date on which the participant is con16 firmed dead and a death certificate is delivered to 

17 the next of kin of the participant. 

18 (b) RESUMPTION OF RETIRED PAY; PAYMENT OF

19 BACK PAY.—In the case of a participant in the Survivor 

20 Benefit Plan described in subsection (a) who was pre21 sumed to be dead before the date of the enactment of this 

22 Act under section 1450(l) of title 10, United States Code, 

23 the Secretary of a military department concerned shall— 

24 (1) resume payment of any retired pay to which 

25 the participant is entitled to as a retired member of 


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1 the Armed Forces pending satisfaction of the condi2 tions specified in subsection (a); and 

3 (2) pay retired pay for periods occurring before 

4 the date of the enactment of this Act for which re5 tired pay was not paid because of the presumption 

6 of death. 

7 SEC. 648. ELIGIBILITY FOR DISABILITY RETIRED PAY AND 

8 SEPARATION PAY OF CERTAIN FORMER CA9 DETS AND MIDSHIPMEN WITH PRIOR EN10 LISTED SERVICE. 

11 Section 1217(a) of title 10, United States Code, is 

12 amended by striking ‘‘incurred after October 28, 2004.’’ 

13 and inserting ‘‘incurred— 

14 ‘‘(1) after October 28, 2004; or 

15 ‘‘(2) after January 1, 2000, in the case of a 

16 cadet or midshipman who was discharged from an 

17 enlisted grade in order to accept an appointment as 

18 a cadet or midshipman.’’. 


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1 Subtitle E—Commissary and Non2 appropriated Fund Instrumen3 tality Benefits and Operations 

4 SEC. 651. USE OF COMMISSARY STORES SURCHARGES DE5 RIVED FROM TEMPORARY COMMISSARY INI6 TIATIVES FOR RESERVE COMPONENTS AND 

7 RETIRED MEMBERS. 

8 Section 2484(h) of title 10, United States Code, is 

9 amended— 

10 (1) by redesignating paragraphs (3) and (4) as 

11 paragraphs (4) and (5), respectively; 

12 (2) in such paragraph (4), as so redesignated, 

13 by striking ‘‘paragraph (1) or (2)’’ and inserting 

14 ‘‘paragraph (1), (2), or (3)’’; and 

15 (3) by inserting after paragraph (2) the fol16 lowing new paragraph: 

17 ‘‘(3)(A) The Secretary of Defense may use the pro18 ceeds derived from surcharges imposed under subsection 

19 (d) in connection with sales of commissary merchandise 

20 through initiatives described in subparagraph (B) to offset 

21 the cost of such initiatives. 

22 ‘‘(B) Subparagraph (A) applies with respect to initia23 tives, utilizing temporary and mobile equipment, intended 

24 to provide members of reserve components, Retired mem25 bers, and other persons eligible for commissary benefits, 


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1 but without reasonable access to commissary stores, im2 proved access to commissary merchandise.’’. 

3 SEC. 652. REQUIREMENTS FOR PRIVATE OPERATION OF 

4 COMMISSARY STORE FUNCTIONS. 

5 Section 2485(a)(2) of title 10, United States Code, 

6 is amended in the last sentence by striking ‘‘December 31, 

7 2008’’ and inserting ‘‘December 31, 2013’’. 

8 SEC. 653. ADDITIONAL EXCEPTION TO LIMITATION ON USE 

9 OF APPROPRIATED FUNDS FOR DEPART10 MENT OF DEFENSE GOLF COURSES. 

11 Section 2491a of title 10, United States Code, is 

12 amended— 

13 (1) by redesignating paragraph (2) of sub14 section (b) as subsection (c) and, in such subsection 

15 (as so redesignated)— 

16 (A) by inserting ‘‘REGULATIONS.—’’ before 

17 ‘‘The Secretary’’; and 

18 (B) by striking ‘‘this subsection’’ and in19 serting ‘‘subsection (b)’’; and 

20 (2) by inserting after paragraph (1) of sub21 section (b) the following new paragraph: 

22 ‘‘(2) Subsection (a) does not apply to the purchase 

23 and maintenance of specialized golf carts designed to ac24 commodate persons with disabilities and the use of the golf 


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1 carts at a facility or installation where the Secretary deter2 mines the golf carts can be safely operated.’’. 

3 SEC. 654. ENHANCED ENFORCEMENT OF PROHIBITION ON 

4 SALE OR RENTAL OF SEXUALLY EXPLICIT 

5 MATERIAL ON MILITARY INSTALLATIONS. 

6 (a) ESTABLISHMENT OF RESALE ACTIVITIES RE7 VIEW BOARD.—Section 2495b of title 10, United States 

8 Code, is amended— 

9 (1) by redesignating subsections (c) and (d) as 

10 subsections (d) and (e), respectively; and 

11 (2) by inserting after subsection (b) the fol12 lowing new subsection: 

13 ‘‘(c) RESALE ACTIVITIES REVIEW BOARD.—(1) The 

14 Secretary of Defense shall establish a nine-member board 

15 to make recommendations to the Secretary regarding 

16 whether material sold or rented, or proposed for sale or 

17 rental, on property under the jurisdiction of the Depart18 ment of Defense is barred from sale or rental by sub19 section (a). 

20 ‘‘(2)(A) The Secretary of Defense shall appoint six 

21 members of the board to broadly represent the interests 

22 of the patron base served by the defense commissary sys23 tem and the exchange system. The Secretary shall appoint 

24 one of the members to serve as the chairman of the board. 

25 At least one member appointed under this subparagraph 


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1 shall be a person with experience managing or advocating 

2 for military family programs and who is also an eligible 

3 patron of the defense commissary system and the ex4 change system. 

5 ‘‘(B) The Secretary of each of the military depart6 ments shall appoint one member of the board. 

7 ‘‘(C) A vacancy on the board shall be filled in the 

8 same manner as the original appointment. 

9 ‘‘(3) The Secretary of Defense may detail persons to 

10 serve as staff for the board. At a minimum, the Secretary 

11 shall ensure that the board is assisted at meetings by mili12 tary resale and legal advisors. 

13 ‘‘(4) The recommendations made by the board under 

14 paragraph (1) shall be made available to the public. The 

15 Secretary of Defense shall publicize the availability of such 

16 recommendations by such means as the Secretary con17 siders appropriate. 

18 ‘‘(5) Members of the board shall be allowed travel ex19 pense, including per diem in lieu of subsistence, at rates 

20 authorized for employees of agencies under subchapter I 

21 of chapter 57 of title 5 while away from their homes or 

22 regular places of business in the performance of services 

23 for the board.’’. 

24 (b) DEADLINE FOR ESTABLISHMENT AND INITIAL

25 MEETING.— 


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1 (1) ESTABLISHMENT.—The board required by 

2 subsection (c) of section 2495b of title 10, United 

3 States Code, as added by subsection (a), shall be es4 tablished, and its initial nine members appointed, 

5 not later than 120 days after the date of the enact6 ment of this Act. 

7 (2) MEETINGS.—The board shall conduct an 

8 initial meeting within one year after the date of the 

9 appointment of the initial members of the board. At 

10 the discretion of the board, the board may consider 

11 all materials previously reviewed under such section 

12 as available for reconsideration for a minimum of 

13 180 days following the initial meeting of the board. 

14 SEC. 655. REQUIREMENT TO BUY MILITARY DECORATIONS, 

15 RIBBONS, BADGES, MEDALS, INSIGNIA, AND 

16 OTHER UNIFORM ACCOUTERMENTS PRO17 DUCED IN THE UNITED STATES. 

18 (a) REQUIREMENT.—Subchapter III of chapter 147 

19 of title 10, United States Code, is amended by adding at 

20 the end the following new section: 

21 ‘‘§ 2495c. Requirement to buy military decorations 

22 and other uniform accouterments from 

23 American sources; exceptions 

24 ‘‘(a) BUY-AMERICAN REQUIREMENT.—A military ex25 change store or other nonappropriated fund instrumenVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 tality of the Department of Defense may not purchase for 

2 resale any military decorations, ribbons, badges, medals, 

3 insignia, and other uniform accouterments that are not 

4 produced in the United States. 

5 ‘‘(b) EXCEPTION.—Subsection (a) does not apply to 

6 the extent that the Secretary of Defense determines 

7 that— 

8 ‘‘(1) a satisfactory quality and sufficient quan9 tity of an item covered by such subsection and pro10 duced in the United States cannot be procured; or 

11 ‘‘(2) the purchase of the item produced outside 

12 the United States is in the best interests of members 

13 of the armed forces. 

14 ‘‘(c) CONGRESSIONAL NOTIFICATION.—As soon as 

15 practicable after an exception is granted under subsection 

16 (b), the Secretary of Defense shall submit to Congress a 

17 report explaining the reasons for the exception. 

18 ‘‘(d) UNITED STATES DEFINED.—In this section, the 

19 term ‘United States’ includes the Commonwealth of Puer20 to Rico, Guam, the United States Virgin Islands, the Com21 monwealth of the Northern Mariana Islands, American 

22 Samoa, and any other territory or possession of the United 

23 States.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such subchapter is amended by adding 

3 at the end the following new item: 

‘‘2495c. Requirement to buy military decorations and other uniform 

accouterments from American sources; exceptions.’’. 

4 SEC. 656. USE OF APPROPRIATED FUNDS TO PAY POST AL5 LOWANCES OR OVERSEAS COST OF LIVING 

6 ALLOWANCES TO NONAPPROPRIATED FUND 

7 INSTRUMENTALITY EMPLOYEES SERVING 

8 OVERSEAS. 

9 (a) AUTHORITY TO USE APPROPRIATED FUNDS.— 

10 Chapter 81 of title 10, United States Code, is amended 

11 by inserting after section 1587a the following new section: 

12 ‘‘§ 1587b. Employees of nonappropriated fund instru13 mentalities: payment of overseas post al14 lowances or overseas cost of living allow15 ances 

16 ‘‘(a) USE OF APPROPRIATED FUNDS TO PAY ALLOW17 ANCES.—Subject to the availability of appropriated funds 

18 for this purpose, the Secretary of Defense may pay post 

19 allowances or cost of living allowances to an non20 appropriated fund instrumentality employee who is a cit21 izen of the United States and is employed in a full-time 

22 position at a location outside of the continental United 

23 States. 


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1 ‘‘(b) DURATION.—The Secretary of Defense may use 

2 the authority provided by this section to pay post allow3 ances or cost of living allowances that have been due to 

4 an nonappropriated fund instrumentality employee or 

5 former employee since December 1, 2001, but have not 

6 been previously paid. No allowance may be provided under 

7 this section after December 31, 2011. 

8 ‘‘(c) DEFINITIONS.—In this section: 

9 ‘‘(1) The term ‘nonappropriated fund instru10 mentality employee’ has the meaning given that 

11 term in section 1587 of this title. 

12 ‘‘(2) The term ‘continental United States’ 

13 means the 48 contiguous States and the District of 

14 Columbia.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by inserting 

17 after the item relating to section 1587a the following new 

18 item: 

‘‘1587b. Employees of nonappropriated fund instrumentalities: payment of overseas post allowances or overseas cost of living allowances.’’. 

19 (c) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on October 1, 2008. 


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1 SEC. 657. STUDY REGARDING SALE OF ALCOHOLIC WINE 

2 AND BEER IN COMMISSARY STORES IN ADDI3 TION TO EXCHANGE STORES. 

4 (a) STUDY REQUIRED.—The Secretary of Defense 

5 shall conduct a study evaluating the propriety, patron con6 venience, and financial utility of including alcoholic wine 

7 and beer as an authorized commissary merchandise cat8 egory for sale in, at, or by commissary stores. 

9 (b) PILOT PROGRAM.— 

10 (1) AUTHORIZED.—In connection with the 

11 study required by subsection (a), the Secretary may 

12 conduct a pilot program involving the sale of alco13 holic wine and beer in commissary stores if the Sec14 retary determines that such a pilot program would 

15 be useful in making the evaluations required by such 

16 subsection. 

17 (2) SCOPE.—If the Secretary determines that 

18 the pilot program would be useful, the Secretary 

19 shall conduct the pilot program at a minimum of 10 

20 locations for a period of not less than four months 

21 nor greater than one year. 

22 (c) REPORT.—Within 120 days after completion of 

23 the study required in subsection (a), the Secretary shall 

24 submit to Congress a report containing the findings and 

25 recommendations of the Secretary developed as a result 

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1 ducted under subsection (b). The Secretary may delay the 

2 submission of the report pending the conclusion of the 

3 pilot program. 

4 Subtitle F—Other Matters 

5 SEC. 661. BONUS TO ENCOURAGE ARMY PERSONNEL AND 

6 OTHER PERSONS TO REFER PERSONS FOR 

7 ENLISTMENT IN THE ARMY. 

8 (a) AVAILABILITY OF BONUS TO TRAINED CIVIL9 IANS.—Subsection (a)(2) of section 3252 of title 10, 

10 United States Code, is amended by adding at the end the 

11 following new subparagraph: 

12 ‘‘(F) A member of the general public who has 

13 completed a training course provided by the Sec14 retary, directly or through an entity contracted to 

15 provide such training, regarding the appropriate pro16 cedures used to recruit persons for enlistment in the 

17 Army.’’. 

18 (b) TIME FOR PAYMENT OF BONUS.—Subsection (b) 

19 of such section is amended— 

20 (1) by striking ‘‘or’’ at the end of paragraph 

21 (1); 

22 (2) by striking the period at the end of para23 graph (2) and inserting ‘‘; or’’; and 

24 (3) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(3) when the individual concerned contacts an 

2 entity contracted to recruit persons for enlistment in 

3 the Army.’’. 

4 (c) PAYMENT METHODS.—Such section is further 

5 amended— 

6 (1) in subsection (d), by striking the second 

7 sentence; and 

8 (2) by striking subsection (e) and inserting the 

9 following new subsection: 

10 ‘‘(e) PAYMENT METHODS.—At the discretion of the 

11 Secretary, a bonus payable for a referral of a person under 

12 subsection (a) may be paid— 

13 ‘‘(1) directly to the individual referred to in 

14 subsection (b) making the referral; or 

15 ‘‘(2) through an entity contracted to make 

16 bonus payments under this section.’’. 

17 (d) CLERICAL AMENDMENTS.— 

18 (1) SECTION HEADING.—The heading of such 

19 section is amended to read as follows: 

20 ‘‘§ 3252. Bonus to encourage Army personnel and 

21 other persons to refer persons for enlist22 ment in the Army’’. 

23 (2) TABLE OF SECTIONS.—The table of sections 

24 at the beginning of chapter 333 of such title is 


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1 amended by striking the item relating to section 

2 3252 and inserting the following new item: 

‘‘3252. Bonus to encourage Army personnel and other persons to refer persons 

for enlistment in the Army.’’. 

3 SEC. 662. CONTINUATION OF ENTITLEMENT TO BONUSES 

4 AND SIMILAR BENEFITS FOR MEMBERS OF 

5 THE UNIFORMED SERVICES WHO DIE, ARE 

6 SEPARATED OR RETIRED FOR DISABILITY, 

7 OR MEET OTHER CRITERIA. 

8 (a) DISCRETION TO PROVIDE EXCEPTION TO TERMI9 NATION AND REPAYMENT REQUIREMENTS UNDER CER10 TAIN CIRCUMSTANCES.—Section 303a(e) of title 37, 

11 United States Code, is amended— 

12 (1) in the subsection heading, by inserting ‘‘; 

13 TERMINATION OF ENTITLEMENT TO UNPAID

14 AMOUNTS’’ after ‘‘MET’’; 

15 (2) in paragraph (1)— 

16 (A) by striking ‘‘A member’’ and inserting 

17 ‘‘(A) Except as provided in paragraph (2), a 

18 member’’; and 

19 (B) by striking ‘‘the requirements, except 

20 in certain circumstances authorized by the Sec21 retary concerned.’’ and inserting ‘‘the eligibility 

22 requirements and may not receive any unpaid 

23 amounts of the bonus or similar benefit after 

24 the member fails to satisfy the requirements, 


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1 unless the Secretary concerned determines that 

2 the imposition of the repayment requirement 

3 and termination of the payment of unpaid 

4 amounts of the bonus or similar benefit with re5 gard to the member would be contrary to a per6 sonnel policy or management objective, would 

7 be against equity and good conscience, or would 

8 be contrary to the best interests of the United 

9 States.’’; and 

10 (3) by redesignating paragraph (2) as subpara11 graph (B) of paragraph (1). 

12 (b) MANDATORY PAYMENT OF UNPAID AMOUNTS

13 UNDER CERTAIN CIRCUMSTANCES; NO REPAYMENT OF

14 UNEARNED AMOUNTS.—Section 303a(e) of title 37, 

15 United States Code, is amended by inserting after para16 graph (1), as amended by subsection (a), the following 

17 new paragraph (2): 

18 ‘‘(2)(A) If a member of the uniformed services dies 

19 (other than as a result the member’s misconduct) or is 

20 retired or separated for disability under chapter 61 of title 

21 10, the Secretary concerned— 

22 ‘‘(i) shall not require repayment by the member 

23 or the member’s estate of the unearned portion of 

24 any bonus or similar benefit previously paid to the 

25 member; and 


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1 ‘‘(ii) shall require the payment to the member 

2 or the member’s estate of the remainder of any 

3 bonus or similar benefit that was not yet paid to the 

4 member, but to which the member was entitled im5 mediately before the death, retirement, or separation 

6 of the member, and would be paid if not for the 

7 death, retirement, or separation of the member. 

8 ‘‘(B) The amount to be paid under subparagraph 

9 (A)(ii) shall be equal to the full amount specified by the 

10 agreement or contract applicable to the bonus or similar 

11 benefit as if the member continued to be entitled to the 

12 bonus or similar benefit following the death, retirement, 

13 or separation. 

14 ‘‘(C) Amounts to be paid to a member or the mem15 ber’s estate under subparagraph (A)(ii) shall be paid in 

16 a lump sum not later than 90 days after the date of the 

17 death, retirement, or separation of the member, whichever 

18 applies.’’. 

19 (c) CONFORMING AMENDMENTS REFLECTING CON20 SOLIDATED SPECIAL PAY AND BONUS AUTHORITIES.— 

21 (1) CONFORMING AMENDMENTS.—Section 373 

22 of title 37, United States Code, as added by section 

23 661 of the National Defense Authorization Act for 

24 Fiscal Year 2008, is amended— 

25 (A) in subsection (a)— 


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1 (i) in the subsection heading, by in2 serting ‘‘AND TERMINATION’’ after ‘‘RE3 PAYMENT’’; and 

4 (ii) by inserting before the period at 

5 the end the following: ‘‘, and the member 

6 may not receive any unpaid amounts of the 

7 bonus, incentive pay, or similar benefit 

8 after the member fails to satisfy such serv9 ice or eligibility requirement’’; and 

10 (B) by striking subsection (b) and insert11 ing the following new subsection: 

12 ‘‘(b) EXCEPTIONS.— 

13 ‘‘(1) DISCRETION TO PROVIDE EXCEPTION TO

14 TERMINATION AND REPAYMENT REQUIREMENTS.— 

15 Pursuant to the regulations prescribed to administer 

16 this section, the Secretary concerned may grant an 

17 exception to the repayment requirement and require18 ment to terminate the payment of unpaid amounts 

19 of a bonus, incentive pay, or similar benefit if the 

20 Secretary concerned determines that the imposition 

21 of the repayment and termination requirements with 

22 regard to a member of the uniformed services would 

23 be contrary to a personnel policy or management ob24 jective, would be against equity and good conscience, 


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1 or would be contrary to the best interests of the 

2 United States. 

3 ‘‘(2) MANDATORY PAYMENT OF UNPAID

4 AMOUNTS UNDER CERTAIN CIRCUMSTANCES; NO RE5 PAYMENT OF UNEARNED AMOUNTS.—(A) If a mem6 ber of the uniformed services dies (other than as a 

7 result the member’s misconduct) or is retired or sep8 arated for disability under chapter 61 of title 10, the 

9 Secretary concerned— 

10 ‘‘(i) shall not require repayment by the 

11 member or the member’s estate of the unearned 

12 portion of any bonus, incentive pay, or similar 

13 benefit previously paid to the member; and 

14 ‘‘(ii) shall require the payment to the 

15 member or the member’s estate of the remain16 der of any bonus, incentive pay, or similar ben17 efit that was not yet paid to the member, but 

18 to which the member was entitled immediately 

19 before the death, retirement, or separation of 

20 the member, and would be paid if not for the 

21 death, retirement, or separation of the member. 

22 ‘‘(B) The amount to be paid under subpara23 graph (A)(ii) shall be equal to the full amount speci24 fied by the agreement or contract applicable to the 

25 bonus, incentive pay, or similar benefit as if the 


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1 member continued to be entitled to the bonus, incen2 tive pay, or similar benefit following the death, re3 tirement, or separation. 

4 ‘‘(C) Amounts to be paid to a member or the 

5 member’s estate under subparagraph (A)(ii) shall be 

6 paid in a lump sum not later than 90 days after the 

7 date of the death, retirement, or separation of the 

8 member, whichever applies.’’. 

9 (2) CLERICAL AMENDMENTS.— 

10 (A) SECTION HEADING.—The heading of 

11 such section is amended to read as follows: 

12 ‘‘§ 373. Repayment of unearned portion of bonus, in13 centive pay, or similar benefit, and termi14 nation of remaining payments, when con15 ditions of payment not met’’. 

16 (B) TABLE OF CONTENTS.—The table of 

17 sections at the beginning of chapter 5 of title 

18 37, United States Code, is amended by striking 

19 the item relating to section 373 and inserting 

20 the following new item: 

‘‘373. Repayment of unearned portion of bonus, incentive pay, or similar benefit, 

and termination of remaining payments, when conditions of 

payment not met.’’. 


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1 SEC. 663. PROVIDING INJURED MEMBERS OF THE ARMED 

2 FORCES INFORMATION CONCERNING BENE3 FITS. 

4 Section 1651 of the National Defense Authorization 

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

6 476; 10 U.S.C. 1071 note) is amended to read as follows: 

7 ‘‘SEC. 1651. HANDBOOK FOR MEMBERS OF THE ARMED 

8 FORCES ON COMPENSATION AND BENEFITS 

9 AVAILABLE FOR SERIOUS INJURIES AND ILL10 NESSES. 

11 ‘‘(a) INFORMATION ON AVAILABLE COMPENSATION

12 AND BENEFITS.—Not later than March 31, 2009, the Sec13 retary of Defense shall develop and maintain a comprehen14 sive description of the compensation and other benefits to 

15 which a member of the Armed Forces, and the family of 

16 such member, would be entitled upon the separation or 

17 retirement of the member from the Armed Forces as a 

18 result of a serious injury or illness. Such description shall 

19 be published— 

20 ‘‘(1) in a handbook; and 

21 ‘‘(2) on a publically available, searchable Inter22 net website or comparable successor facility. 

23 ‘‘(b) CONTENTS.—The comprehensive description 

24 shall include the following: 

25 ‘‘(1) The range of compensation and benefits 

26 based on grade, length of service, degree of disability 


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1 at separation or retirement, and other factors affect2 ing compensation and benefits as the Secretary con3 siders appropriate. 

4 ‘‘(2) Information concerning the Disability 

5 Evaluation System of each military department, in6 cluding— 

7 ‘‘(A) an explanation of the process of the 

8 Disability Evaluation System; 

9 ‘‘(B) a general timeline of the process of 

10 the Disability Evaluation System; 

11 ‘‘(C) the role and responsibilities of the 

12 military department throughout the process of 

13 the Disability Evaluation System; and 

14 ‘‘(D) the role and responsibilities of a 

15 member of the Armed Forces throughout the 

16 process of the Disability Evaluation System. 

17 ‘‘(3) Benefits administered by the Department 

18 of Veterans Affairs that a member of the Armed 

19 Forces would be entitled upon the separation or re20 tirement from the Armed Forces as a result of a se21 rious injury or illness. 

22 ‘‘(4) A list of State veterans service organiza23 tions and their contact information and Internet 

24 website addresses. 


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1 ‘‘(c) CONSULTATION.—The Secretary of Defense 

2 shall develop and maintain the comprehensive description 

3 required by subsection (a) in consultation with the Sec4 retary of Veterans Affairs, the Secretary of Health and 

5 Human Services, and the Commissioner of Social Secu6 rity. 

7 ‘‘(d) UPDATE.—The Secretary of Defense shall up8 date— 

9 ‘‘(1) the handbook on a periodic basis, but not 

10 less often than annually; and 

11 ‘‘(2) the Internet website or comparable suc12 cessor facility immediately after any change has 

13 been made to the compensation or other benefits de14 scribed in subsection (a). 

15 ‘‘(e) PROVISION TO MEMBERS.—The Secretary of the 

16 military department concerned shall provide the handbook 

17 to each member of the Armed Forces under the jurisdic18 tion of that Secretary as soon as practicable following an 

19 injury or illness for which the member may retire or sepa20 rate from the Armed Forces. 

21 ‘‘(f) PROVISION TO REPRESENTATIVES.—If a mem22 ber is incapacitated or otherwise unable to receive the 

23 handbook, the handbook shall be provided to the next of 

24 kin or a legal representative of the member, as determined 

25 in accordance with regulations prescribed by the Secretary 


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1 of the military department concerned for purposes of this 

2 section.’’. 

3 SEC. 664. POSTAL BENEFITS PROGRAM FOR MEMBERS OF 

4 THE ARMED FORCES SERVING IN IRAQ OR 

5 AFGHANISTAN. 

6 (a) AVAILABILITY OF POSTAL BENEFITS.—The Sec7 retary of Defense, in consultation with the United States 

8 Postal Service, shall provide for a program under which 

9 postal benefits are provided to qualified individuals in ac10 cordance with this section. 

11 (b) QUALIFIED INDIVIDUAL.—In this section, the 

12 term ‘‘qualified individual’’ means a member of the Armed 

13 Forces on active duty (as defined in section 101 of title 

14 10, United States Code) who— 

15 (1) is serving in Iraq or Afghanistan; or 

16 (2) is hospitalized at a facility under the juris17 diction of the Department of Defense as a result of 

18 a disease or injury incurred as a result of service in 

19 Iraq or Afghanistan. 

20 (c) POSTAL BENEFITS DESCRIBED.— 

21 (1) VOUCHERS.—The postal benefits provided 

22 under the program shall consist of such coupons or 

23 other similar evidence of credit, whether in printed, 

24 electronic, or other format (in this section referred 

25 to as a ‘‘voucher’’), as the Secretary of Defense, in 


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1 consultation with the Postal Service, shall determine, 

2 which entitle the bearer or user to make qualified 

3 mailings free of postage. 

4 (2) QUALIFIED MAILING.—In this section, the 

5 term ‘‘qualified mailing’’ means the mailing of a sin6 gle mail piece which— 

7 (A) is first-class mail (including any 

8 sound- or video-recorded communication) not 

9 exceeding 13 ounces in weight and having the 

10 character of personal correspondence or parcel 

11 post not exceeding 10 pounds in weight; 

12 (B) is sent from within an area served by 

13 a United States post office; and 

14 (C) is addressed to a qualified individual. 

15 (3) COORDINATION RULE.—Postal benefits 

16 under the program are in addition to, and not in lieu 

17 of, any reduced rates of postage or other similar 

18 benefits which might otherwise be available by or 

19 under law, including any rates of postage resulting 

20 from the application of section 3401(b) of title 39, 

21 United States Code. 

22 (d) NUMBER OF VOUCHERS.—A member of the 

23 Armed Forces shall be eligible for one voucher for every 

24 second month in which the member is a qualified indi25 vidual. 


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1 (e) LIMITATIONS ON USE; DURATION.—A voucher 

2 may not be used— 

3 (1) for more than a single qualified mailing; or 

4 (2) after the earlier of— 

5 (A) the expiration date of the voucher, as 

6 designated by the Secretary of Defense; or 

7 (B) the end of the one-year period begin8 ning on the date on which the regulations pre9 scribed under subsection (f) take effect. 

10 (f) REGULATIONS.—Not later than 30 days after the 

11 date of the enactment of this Act, the Secretary of Defense 

12 (in consultation with the Postal Service) shall prescribe 

13 such regulations as may be necessary to carry out the pro14 gram, including— 

15 (1) procedures by which vouchers will be pro16 vided or made available in timely manner to quali17 fied individuals; and 

18 (2) procedures to ensure that the number of 

19 vouchers provided or made available with respect to 

20 any qualified individual complies with subsection (d). 

21 (g) TRANSFERS TO POSTAL SERVICE.— 

22 (1) BASED ON ESTIMATES.—The Secretary of 

23 Defense shall transfer to the Postal Service, out of 

24 amounts available to carry out the program and in 

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1 al benefits may be used under the program, an 

2 amount equal to the amount of postal benefits that 

3 the Secretary estimates will be used during such 

4 quarter, reduced or increased (as the case may be) 

5 by any amounts by which the Secretary finds that 

6 a determination under this section for a prior quar7 ter was greater than or less than the amount finally 

8 determined for such quarter. 

9 (2) BASED ON FINAL DETERMINATION.—A 

10 final determination of the amount necessary to cor11 rect any previous determination under this section, 

12 and any transfer of amounts between the Postal 

13 Service and the Department of Defense based on 

14 that final determination, shall be made not later 

15 than six months after the end of the one-year period 

16 referred to in subsection (e)(2)(B). 

17 (3) CONSULTATION REQUIRED.—All estimates 

18 and determinations under this subsection of the 

19 amount of postal benefits under the program used in 

20 any period shall be made by the Secretary of De21 fense in consultation with the Postal Service. 

22 (h) FUNDING.— 

23 (1) INCREASE.—The amount authorized to be 

24 appropriated by section 421 for military personnel is 

25 hereby increased by $10,000,000, and such amount 


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1 shall be available for postal benefits provided in this 

2 section. 

3 (2) OFFSETTING REDUCTION.—Funds author4 ized to be appropriated in fiscal year 2009 for Mili5 tary Personnel are reduced by $10,000,000. 

6 TITLE VII—HEALTH CARE 

7 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. Prohibition on conversion of military medical and dental positions to 

civilian medical and dental positions. 

Sec. 704. Chiropractic health care for members on active duty. 

Sec. 705. Requirement to recalculate TRICARE Reserve Select premiums 

based on actual cost data. 

Sec. 706. Program for health care delivery at military installations projected to 

grow. 

Sec. 707. Guidelines for combined Federal medical facilities. 

Sec. 708. Reserve component behavioral health care provider locator and appointment assistance demonstration project. 

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. 

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. National Casualty Care Research Center. 

Sec. 724. Peer-reviewed research program on extremity war injuries. 

Sec. 725. Review of policies and processes related to the delivery of mail to 

wounded members of the Armed Forces. 

Sec. 726. Post-deployment mental health screening demonstration project. 

Subtitle D—Other Matters 

Sec. 731. Report on stipend for members of reserve components for health care 

for certain dependents. 


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Sec. 732. Report on providing the Extended Care Health Option Program to 

autistic dependents of military retirees. 

Sec. 733. Sense of Congress regarding autism therapy services. 

Sec. 734. Report on implementation of recommendations contained in report on 

health effects of exposure to depleted uranium. 

Sec. 735. Suicide Risk by Military Occupation. 

Sec. 736. Implementation of recommendations of Department of Defense Mental Health Task Force. 

Sec. 737. Transitional health care for certain members of the Armed Forces 

who agree to serve in the Selected Reserve of the Ready Reserve. 

1 Subtitle A—Improvements to 

2 Health Benefits 

3 SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON IN4 CREASES IN CERTAIN HEALTH CARE COSTS 

5 FOR MEMBERS OF THE UNIFORMED SERV6 ICES. 

7 (a) CHARGES UNDER CONTRACTS FOR MEDICAL

8 CARE.—Section 1097(e) of title 10, United States Code, 

9 is amended by striking ‘‘September 30, 2008’’ and insert10 ing ‘‘September 30, 2009’’. 

11 (b) CHARGES FOR INPATIENT CARE.—Section 

12 1086(b)(3) of such title is amended by striking ‘‘Sep13 tember 30, 2008’’ and inserting ‘‘September 30, 2009’’. 

14 SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN CO15 PAYMENTS UNDER RETAIL PHARMACY SYS16 TEM OF PHARMACY BENEFITS PROGRAM. 

17 During the period beginning on October 1, 2008, and 

18 ending on September 30, 2009, the cost sharing require19 ments established under paragraph (6) of section 

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1 ceutical agents available through retail pharmacies cov2 ered by paragraph (2)(E)(ii) of such section may not ex3 ceed amounts as follows: 

4 (1) In the case of generic agents, $3. 

5 (2) In the case of formulary agents, $9. 

6 (3) In the case of nonformulary agents, $22. 

7 SEC. 703. PROHIBITION ON CONVERSION OF MILITARY 

8 MEDICAL AND DENTAL POSITIONS TO CIVIL9 IAN MEDICAL AND DENTAL POSITIONS. 

10 (a) PROHIBITION.—The Secretary of a military de11 partment may not convert any military medical or dental 

12 position to a civilian medical or dental position on or after 

13 October 1, 2008. 

14 (b) RESTORATION OF CERTAIN POSITIONS TO MILI15 TARY POSITIONS.—In the case of any military medical or 

16 dental position that is converted to a civilian medical or 

17 dental position during the period beginning on October 1, 

18 2004, and ending on September 30, 2008, if the position 

19 is not filled by a civilian by September 30, 2008, the Sec20 retary of the military department concerned shall restore 

21 the position to a military medical or dental position that 

22 can be filled only by a member of the Armed Forces who 

23 is a health professional. 

24 (c) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘military medical or dental posi2 tion’’ means a position for the performance of health 

3 care functions (or coded to work within a military 

4 treatment facility) within the Armed Forces held by 

5 a member of the Armed Forces. 

6 (2) The term ‘‘civilian medical or dental posi7 tion’’ means a position for the performance of health 

8 care functions within the Department of Defense 

9 held by an employee of the Department or of a con10 tractor of the Department. 

11 (3) The term ‘‘conversion’’, with respect to a 

12 military medical or dental position, means a change 

13 of the position to a civilian medical or dental posi14 tion, effective as of the date of the manning author15 ization document of the military department making 

16 the change (through a change in designation from 

17 military to civilian in the document, the elimination 

18 of the listing of the position as a military position 

19 in the document, or through any other means indi20 cating the change in the document or otherwise). 

21 (d) REPEAL.—Section 721 of the National Defense 

22 Authorization Act for Fiscal Year 2008 (Public Law 110– 

23 181) is repealed. 


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1 SEC. 704. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON 

2 ACTIVE DUTY. 

3 (a) REQUIREMENT FOR CHIROPRACTIC CARE.—Sub4 ject to such regulations as the Secretary of Defense may 

5 prescribe, the Secretary shall provide chiropractic services 

6 for members of the uniformed services who are entitled 

7 to care under section 1074(a) of title 10, United States 

8 Code. Such chiropractic services may be provided only by 

9 a doctor of chiropractic. 

10 (b) DEMONSTRATION PROJECTS.—The Secretary of 

11 Defense may conduct one or more demonstration projects 

12 to provide chiropractic services to deployed members of the 

13 uniformed services. Such chiropractic services may be pro14 vided only by a doctor of chiropractic. 

15 (c) DEFINITIONS.—In this section: 

16 (1) The term ‘‘chiropractic services’’— 

17 (A) includes diagnosis (including by diag18 nostic X-ray tests), evaluation and manage19 ment, and therapeutic services for the treat20 ment of a patient’s health condition, including 

21 neuromusculoskeletal conditions and the sub22 luxation complex, and such other services deter23 mined appropriate by the Secretary and as au24 thorized under State law; and 

25 (B) does not include the use of drugs or 

26 surgery. 


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1 (2) The term ‘‘doctor of chiropractic’’ means 

2 only a doctor of chiropractic who is licensed as a 

3 doctor of chiropractic, chiropractic physician, or chi4 ropractor by a State, the District of Columbia, or a 

5 territory or possession of the United States. 

6 SEC. 705. REQUIREMENT TO RECALCULATE TRICARE RE7 SERVE SELECT PREMIUMS BASED ON AC8 TUAL COST DATA. 

9 (a) CALCULATION BASED ON ACTUAL COST DATA.— 

10 Paragraph (3) of section 1076d(d) of title 10, United 

11 States Code, is amended to read as follows: 

12 ‘‘(3) The monthly amount of the premium in effect 

13 for a month for TRICARE Standard coverage under this 

14 section shall be not more than the lesser of— 

15 ‘‘(A) the amount equal to 28 percent of the 

16 total average monthly amount for that coverage, as 

17 determined by the Secretary based on actual cost 

18 data for the preceding fiscal year; or 

19 ‘‘(B) the amount in effect for the month of 

20 March 2006.’’. 

21 (b) EFFECTIVE DATE.—Paragraph (3) of section 

22 1076d(d) of title 10, United States Code, as amended by 

23 this section, shall apply with respect to fiscal year 2009 

24 and fiscal years thereafter. 


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1 SEC. 706. PROGRAM FOR HEALTH CARE DELIVERY AT MILI2 TARY INSTALLATIONS PROJECTED TO GROW. 

3 (a) PROGRAM.—Not later than 90 days after the date 

4 of the enactment of this Act, the Secretary of Defense 

5 shall develop a plan to establish a program to build cooper6 ative health care arrangements and agreements between 

7 military installations projected to grow and local and re8 gional non-military health care systems. 

9 (b) REQUIREMENTS OF PLAN.—In developing the 

10 plan, the Secretary of Defense shall— 

11 (1) identify and analyze health care delivery op12 tions involving the private sector and health care 

13 services in military facilities located on military in14 stallations; 

15 (2) develop methods for determining the cost 

16 avoidance or savings resulting from innovative part17 nerships between the Department of Defense and 

18 the private sector; 

19 (3) develop requirements for Department of De20 fense health care providers to deliver health care in 

21 civilian community hospitals; and 

22 (4) collaborate with State and local authorities 

23 to create an arrangement to share and exchange, be24 tween the Department of Defense and nonmilitary 

25 health care systems, personal health information, 

26 and data of military personnel and their families. 


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1 (c) COORDINATION WITH OTHER ENTITIES.—The 

2 plan shall include requirements for coordination with Fed3 eral, State, and local entities, TRICARE managed care 

4 support contractors, and other contracted assets around 

5 installations selected for participation in the program. 

6 (d) CONSULTATION REQUIREMENTS.—The Secretary 

7 of Defense shall develop the plan in consultation with the 

8 Secretaries of the military departments. 

9 (e) SELECTION OF MILITARY INSTALLATIONS.—The 

10 program shall be implemented at each installation partici11 pating in the pilot program conducted pursuant to section 

12 721 of the Ronald W. Reagan National Defense Author13 ization Act for Fiscal Year 2005 (Public Law 108–375; 

14 118 Stat. 1988) and other military installations selected 

15 by the Secretary of Defense. Each selected military instal16 lation shall meet the following criteria: 

17 (1) The military installation has members of 

18 the Armed Forces on active duty and members of re19 serve components of the Armed Forces that use the 

20 installation as a training and operational base, with 

21 members routinely deploying in support of the global 

22 war on terrorism. 

23 (2) The military population of an installation 

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1 ommendations of the Defense Base Realignment and 

2 Closure Commission. 

3 (3) There is a military treatment facility on the 

4 installation that has— 

5 (A) no inpatient or trauma center care ca6 pabilities; and 

7 (B) no current or planned capacity that 

8 would satisfy the proposed increase in military 

9 personnel at the installation. 

10 (4) There is a civilian community hospital near 

11 the military installation, and the military treatment 

12 facility has— 

13 (A) no inpatient services or limited capa14 bility to expand inpatient care beds, intensive 

15 care, and specialty services; and 

16 (B) limited or no capability to provide 

17 trauma care. 

18 (f) REPORTS.—Not later than one year after the date 

19 of the enactment of this Act, and every year thereafter, 

20 the Secretary of Defense shall submit to the Committees 

21 on Armed Services of the Senate and House of Represent22 atives an annual report describing the results of the pro23 gram. 


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1 SEC. 707. GUIDELINES FOR COMBINED FEDERAL MEDICAL 

2 FACILITIES. 

3 Before a facility may be designated a combined Fed4 eral medical facility of the Department of Defense and the 

5 Department of Veterans Affairs, the Secretary of Defense 

6 and the Secretary of Veterans Affairs shall issue a signed 

7 agreement that specifies, at a minimum, a binding oper8 ational agreement on the following areas: 

9 (1) Patient priority categories. 

10 (2) Budgeting. 

11 (3) Staffing. 

12 (4) Construction. 

13 (5) Physical plant management. 

14 SEC. 708. RESERVE COMPONENT BEHAVIORAL HEALTH 

15 CARE PROVIDER LOCATOR AND APPOINT16 MENT ASSISTANCE DEMONSTRATION 

17 PROJECT. 

18 (a) DEMONSTRATION PROJECT.—The Secretary of 

19 Defense shall conduct a demonstration project to assess 

20 the feasibility and efficacy of providing a behavioral health 

21 care provider locator and appointment assistance service 

22 to members of the reserve components of the Armed 

23 Forces. 

24 (b) ELEMENTS.—The demonstration project shall in25 clude, at a minimum, a toll-free hotline, staffed and avail26 able 24 hours a day 7 days a week, to help members of 


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1 the reserve components find behavioral health care pro2 viders and schedule outpatient appointments in the 

3 TRICARE network. 

4 (c) ELIGIBILITY.—In order to be eligible for the dem5 onstration project, a member of the Armed Forces shall 

6 meet the following requirements: 

7 (1) Be a member of the Selected Reserve. 

8 (2) Be enrolled in TRICARE Reserve Select. 

9 (d) IMPLEMENTATION.—The demonstration project 

10 shall be implemented not later than 180 days after the 

11 date of the enactment of this Act. 

12 (e) SUNSET.—The authority for the demonstration 

13 project required by this section shall expire on September 

14 30, 2011. 

15 (f) REPORTS.—The Secretary of Defense shall sub16 mit to the congressional defense committees the following 

17 reports: 

18 (1) PLAN.—Not later than 90 days after the 

19 date of the enactment of this Act, a report con20 taining a plan to implement the demonstration 

21 project required by this section. 

22 (2) UPDATES.—Not later than 180 days after 

23 such date of enactment and every 180 days there24 after, a report containing an update on the dem25 onstration project. 


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1 (3) FINAL EVALUATION.—Not later than Janu2 ary 1, 2012, a report containing a final written eval3 uation, including recommendations for the extension 

4 or expansion of the demonstration project. 

5 Subtitle B—Preventive Care 

6 SEC. 711. WAIVER OF COPAYMENTS FOR PREVENTIVE 

7 SERVICES FOR CERTAIN TRICARE BENE8 FICIARIES. 

9 (a) WAIVER OF CERTAIN COPAYMENTS.—Subject to 

10 subsection (b) and under regulations prescribed by the 

11 Secretary of Defense, the Secretary shall— 

12 (1) waive all copayments under sections 

13 1079(b) and 1086(b) of title 10, United States 

14 Code, for preventive services for all beneficiaries who 

15 would otherwise pay copayments; and 

16 (2) ensure that a beneficiary pays nothing for 

17 preventive services during a year even if the bene18 ficiary has not paid the amount necessary to cover 

19 the beneficiary’s deductible for the year. 

20 (b) EXCLUSION FOR MEDICARE-ELIGIBLE BENE21 FICIARIES.—Subsection (a) shall not apply to a medicare22 eligible beneficiary. 

23 (c) REFUND OF COPAYMENTS.— 

24 (1) AUTHORITY.—Under regulations prescribed 

25 by the Secretary of Defense, the Secretary may pay 


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1 a refund to a medicare-eligible beneficiary excluded 

2 by subsection (b), subject to the availability of ap3 propriations specifically for such refunds, consisting 

4 of an amount up to the difference between— 

5 (A) the amount the beneficiary pays for co6 payments for preventive services during fiscal 

7 year 2009; and 

8 (B) the amount the beneficiary would have 

9 paid during such fiscal year if the copayments 

10 for preventive services had been waived pursu11 ant to subsection (a) during that year. 

12 (2) COPAYMENTS COVERED.—The refunds 

13 under paragraph (1) are available only for copay14 ments paid by medicare-eligible beneficiaries during 

15 fiscal year 2009. 

16 (3) FUNDING.—Of the amounts authorized to 

17 be appropriated under title XIV of this Act for the 

18 Defense Health Program, $10,000,000 is authorized 

19 for the purposes of the refund authorized under this 

20 subsection. 

21 (d) DEFINITIONS.—In this section: 

22 (1) PREVENTIVE SERVICES.—The term ‘‘pre23 ventive services’’ includes, taking into consideration 

24 the age and gender of the beneficiary: 

25 (A) Colorectal screening. 


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1 (B) Breast screening. 

2 (C) Cervical screening. 

3 (D) Prostate screening. 

4 (E) Annual physical exam. 

5 (F) Vaccinations 

6 (2) MEDICARE-ELIGIBLE.—The term ‘‘medi7 care-eligible’’ has the meaning provided by section 

8 1111((b) of title 10, United States Code. 

9 SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEM10 ONSTRATION PROJECT. 

11 (a) DEMONSTRATION PROJECT REQUIRED.—The 

12 Secretary of Defense shall conduct a demonstration 

13 project designed to evaluate the efficacy of providing in14 centives to encourage healthy behaviors on the part of eli15 gible military health system beneficiaries. 

16 (b) ELEMENTS OF DEMONSTRATION PROJECT.— 

17 (1) WELLNESS ASSESSMENT.—The Secretary 

18 shall develop a wellness assessment to be offered to 

19 beneficiaries enrolled in the demonstration project. 

20 The wellness assessment shall incorporate nationally 

21 recognized standards for health and healthy behav22 iors and shall be offered to determine a baseline and 

23 at appropriate intervals determined by the Sec24 retary. The wellness assessment shall include the fol25 lowing: 


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1 (A) A self-reported health risk assessment. 

2 (B) Physiological and biometric measures, 

3 including at least— 

4 (i) blood pressure; 

5 (ii) glucose level; 

6 (iii) lipids; and 

7 (iv) nicotine use. 

8 (2) POPULATION ENROLLED.—Non-medicare el9 igible retired beneficiaries of the military health sys10 tem and their dependents who are enrolled in 

11 TRICARE Prime and who reside in the demonstra12 tion project service area shall be enrolled in the dem13 onstration project. 

14 (3) GEOGRAPHIC COVERAGE OF DEMONSTRA15 TION PROJECT.—The demonstration project shall be 

16 conducted in at least three geographic areas within 

17 the United States where TRICARE Prime is of18 fered, as determined by the Secretary. The area cov19 ered by the project shall be referred to as the dem20 onstration project service area. 

21 (4) PROGRAMS.—The Secretary shall develop 

22 programs to assist enrollees to improve healthy be23 haviors, as identified by the wellness assessment. 

24 (5) INCLUSION OF INCENTIVES REQUIRED.— 

25 For the purpose of conducting the demonstration 


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1 project, the Secretary may offer monetary and non2 monetary incentives to enrollees to encourage par3 ticipation in the demonstration project. 

4 (c) EVALUATION OF DEMONSTRATION PROJECT.— 

5 The Secretary shall annually evaluate the demonstration 

6 project for the following: 

7 (1) The extent to which the health risk assess8 ment and the physiological and biometric measures 

9 of beneficiaries are improved from the baseline (as 

10 determined in the wellness assessment). 

11 (2) In the case of baseline health risk assess12 ments and physiological and biometric measures that 

13 reflect healthy behaviors, the extent to which the 

14 measures are maintained. 

15 (d) IMPLEMENTATION PLAN.—The Secretary of De16 fense shall submit a plan to implement the health risk 

17 management demonstration project required by this sec18 tion not later than 90 days after the date of the enactment 

19 of this Act. 

20 (e) DURATION OF PROJECT.—The health risk man21 agement demonstration project shall be implemented for 

22 a period of three years, beginning not later than March 

23 1, 2009, and ending three years after that date. 

24 (f) REPORT.— 


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1 (1) IN GENERAL.—The Secretary of Defense 

2 shall submit to the Committees on Armed Services 

3 of the Senate and the House of Representatives an 

4 annual report on the effectiveness of the health risk 

5 management demonstration project in improving the 

6 health risk measures of military health system bene7 ficiaries enrolled in the demonstration project. The 

8 first report shall be submitted not later than one 

9 year after the date of the enactment of this Act, and 

10 subsequent reports shall be submitted for each year 

11 of the demonstration project with the final report 

12 being submitted not later than 90 days after the ter13 mination of the demonstration project. 

14 (2) MATTERS COVERED.—Each report shall ad15 dress, at a minimum, the following: 

16 (A) The number of beneficiaries who were 

17 enrolled in the project. 

18 (B) The number of enrolled beneficiaries 

19 who participate in the project. 

20 (C) The incentives to encourage healthy 

21 behaviors that were provided to the bene22 ficiaries in each beneficiary category, and the 

23 extent to which the incentives encouraged 

24 healthy behaviors. 


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1 (D) An assessment of the effectiveness of 

2 the demonstration project. 

3 (E) Recommendations for adjustments to 

4 the demonstration project. 

5 (F) The estimated costs avoided as a re6 sult of decreased health risk conditions on the 

7 part of each of the beneficiary categories. 

8 (G) Recommendations for extending the 

9 demonstration project or implementing a per10 manent wellness assessment program. 

11 (H) Identification of legislative authorities 

12 required to implement a permanent program. 

13 SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE. 

14 (a) TRICARE SMOKING CESSATION PROGRAM.— 

15 Not later than 180 days after the date of the enactment 

16 of this Act, the Secretary of Defense shall establish a 

17 smoking cessation program under the TRICARE pro18 gram, to be made available to all beneficiaries under the 

19 TRICARE program who are not medicare-eligible. The 

20 Secretary may prescribe such regulations as may be nec21 essary to implement the program. 

22 (b) ELEMENTS.—The program shall include, at a 

23 minimum, the following elements: 

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1 sation, with a limitation on the availability of such 

2 pharmaceuticals to the national mail-order pharmacy 

3 program under the TRICARE program if appro4 priate. 

5 (2) Access to a toll-free quit line that is avail6 able 24 hours a day, 7 days a week. 

7 (3) Access to printed and Internet web-based 

8 tobacco cessation material. 

9 (c) PLAN.—Not later than 90 days after the date of 

10 the enactment of this Act, the Secretary shall submit to 

11 the congressional defense committees a plan to implement 

12 the program. 

13 (d) REFUND OF COPAYMENTS.— 

14 (1) AUTHORITY.—Under regulations prescribed 

15 by the Secretary of Defense, the Secretary may pay 

16 a refund to a medicare-eligible beneficiary otherwise 

17 excluded by this section, subject to the availability of 

18 appropriations specifically for such refunds, con19 sisting of an amount up to the difference between— 

20 (A) the amount the beneficiary pays for co21 payments for smoking cessation services de22 scribed in subsection (b) during fiscal year 

23 2009; and 

24 (B) the amount the beneficiary would have 

25 paid during such fiscal year if the beneficiary 


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1 had not been excluded under subsection (a) 

2 from the smoking cessation program under that 

3 subsection. 

4 (2) COPAYMENTS COVERED.—The refunds 

5 under paragraph (1) are available only for copay6 ments paid by medicare-eligible beneficiaries during 

7 fiscal year 2009. 

8 (3) FUNDING.—Of the amounts authorized to 

9 be appropriated under title XIV for the Defense 

10 Health Program, $3,000,000 is authorized for the 

11 purposes of the refund authorized under this sub12 section. 

13 (e) REPORT.—Not later than one year after the date 

14 of the enactment of this Act, the Secretary shall submit 

15 to the congressional defense committees a report covering 

16 the following: 

17 (1) The status of the program. 

18 (2) The number of participants in the program. 

19 (3) The cost of the program. 

20 (4) The costs avoided that are attributed to the 

21 program. 

22 (5) The success rates of the program compared 

23 to other nationally recognized smoking cessation pro24 grams. 


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1 (6) Findings regarding the success rate of par2 ticipants in the program. 

3 (7) Recommendations to modify the policies and 

4 procedures of the program. 

5 (8) Recommendations concerning the future 

6 utility of the program. 

7 (f) DEFINITIONS.—In this section: 

8 (1) TRICARE PROGRAM.—The term 

9 ‘‘TRICARE program’’ has the meaning provided by 

10 section 1072(7) of title 10, United States Code. 

11 (2) MEDICARE-ELIGIBLE.—The term ‘‘medi12 care-eligible’’ has the meaning provided by section 

13 1111(b) of title 10, United States Code. 

14 SEC. 714. PREVENTIVE HEALTH ALLOWANCE. 

15 (a) ALLOWANCE.—Chapter 7 of title 37, United 

16 States Code, is amended by adding at the end the fol17 lowing new section: 

18 ‘‘§ 438. Preventive health services allowance 

19 ‘‘(a) DEMONSTRATION PROJECT.—During the period 

20 beginning on January 1, 2009, and ending on December 

21 31, 2011, the Secretary of Defense shall conduct a dem22 onstration project designed to evaluate the efficacy of pro23 viding an annual allowance (to be known as a ‘preventive 

24 health services allowance’) to members of the armed forces 

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1 tive health services by such members and their depend2 ents. 

3 ‘‘(b) ELIGIBLE MEMBERS.—(1) Subject to the nu4 merical limitations specified in paragraph (2), a member 

5 of the armed forces who is serving on active duty for a 

6 period of more than 30 days and meets the medical and 

7 dental readiness requirements for the armed force of the 

8 member may receive a preventive health services allow9 ance. 

10 ‘‘(2) Not more than 1,500 members of each of the 

11 Army, Navy, Air Force, and Marine Corps may receive 

12 a preventive health services allowance during any year, of 

13 which half in each armed force shall be members without 

14 dependents and half shall be members with dependents. 

15 ‘‘(c) AMOUNT OF ALLOWANCE.—The Secretary of the 

16 military department concerned shall pay a preventive 

17 health services allowance to a member selected to receive 

18 the allowance in an amount equal to— 

19 ‘‘(1) $500 per year, in the case of a member 

20 without dependents; and 

21 ‘‘(2) $1,000 per year, in the case of a member 

22 with dependents. 

23 ‘‘(d) AUTHORIZED PREVENTIVE HEALTH SERV24 ICES.—(1) The Secretary of Defense shall specify the 

25 types of preventive health services that may be procured 


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1 using a preventive health services allowance and the fre2 quency at which such services may be procured. 

3 ‘‘(2) At a minimum, authorized preventive health 

4 services shall include, taking into consideration the age 

5 and gender of the member and dependents of the member: 

6 ‘‘(A) Colorectal screening. 

7 ‘‘(B) Breast screening. 

8 ‘‘(C) Cervical screening. 

9 ‘‘(D) Prostate screening. 

10 ‘‘(E) Annual physical exam. 

11 ‘‘(F) Annual dental exam. 

12 ‘‘(G) Vaccinations. 

13 ‘‘(3) The Secretary of Defense shall ensure that 

14 members selected to receive the preventive health services 

15 allowance and their dependents are provided a reasonable 

16 opportunity to receive the services authorized under this 

17 subsection in their local area. 

18 ‘‘(e) DATA COLLECTION.—At a minimum, the Sec19 retary of Defense shall monitor and record the health of 

20 members receiving a preventive health services allowance 

21 and their dependents and the results the testing required 

22 to qualify for payment of the allowance, if conducted. The 

23 Secretary shall assess the medical utility of the testing re24 quired to qualify for payment of a preventive health allow25 ance. 


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1 ‘‘(f) REPORTING REQUIREMENT.—Not later than 

2 March 31, 2010, and March 31, 2012, the Secretary of 

3 Defense shall submit to Congress a report on the status 

4 of the demonstration project, including findings regarding 

5 the medical status of participants, recommendations to 

6 modify the policies and procedures of the program, and 

7 recommendations concerning the future utility of the 

8 project. 

9 ‘‘(g) REGULATIONS.—The Secretary of Defense shall 

10 prescribe regulations to carry out this section.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of such chapter is amended by adding 

13 at the end the following new item: 

‘‘438. Preventive health care allowance.’’. 

14 Subtitle C—Wounded Warrior 

15 Matters 

16 SEC. 721. CENTER OF EXCELLENCE IN PREVENTION, DIAG17 NOSIS, MITIGATION, TREATMENT, AND REHA18 BILITATION OF HEARING LOSS AND AUDI19 TORY SYSTEM INJURIES. 

20 (a) IN GENERAL.—The Secretary of Defense shall es21 tablish within the Department of Defense a center of ex22 cellence in the prevention, diagnosis, mitigation, treat23 ment, and rehabilitation of hearing loss and auditory sys24 tem injury to carry out the responsibilities specified in 

25 subsection (c). 


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1 (b) PARTNERSHIPS.—The Secretary shall ensure that 

2 the center collaborates to the maximum extent practicable 

3 with the Secretary of Veterans Affairs, institutions of 

4 higher education, and other appropriate public and private 

5 entities (including international entities) to carry out the 

6 responsibilities specified in subsection (c). 

7 (c) RESPONSIBILITIES.— 

8 (1) IN GENERAL.—The center shall— 

9 (A) implement a comprehensive plan and 

10 strategy for the Department of Defense, as de11 veloped by the Secretary of Defense, for a reg12 istry of information for the tracking of the di13 agnosis, surgical intervention or other operative 

14 procedure, other treatment, and follow up for 

15 each case of hearing loss and auditory system 

16 injury incurred by a member of the Armed 

17 Forces while serving on active duty; 

18 (B) ensure the electronic exchange with 

19 the Secretary of Veterans Affairs of information 

20 obtained through tracking under subparagraph 

21 (A); and 

22 (C) enable the Secretary of Veterans Af23 fairs to access the registry and add information 

24 pertaining to additional treatments or surgical 

25 procedures and eventual hearing outcomes for 


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1 veterans who were entered into the registry and 

2 subsequently received treatment through the 

3 Veterans Health Administration. 

4 (2) DESIGNATION OF REGISTRY.—The registry 

5 under this subsection shall be known as the ‘‘Hear6 ing Loss and Auditory System Injury Registry’’ 

7 (hereinafter referred to as the ‘‘Registry’’). 

8 (3) CONSULTATION IN DEVELOPMENT.—The 

9 center shall develop the Registry in consultation with 

10 audiologists, speech and language pathologists, 

11 otolaryngologists, and other specialist personnel of 

12 the Department of Defense and the audiologists, 

13 speech and language pathologists, otolaryngologists, 

14 and other specialist personnel of the Department of 

15 Veterans Affairs. The mechanisms and procedures of 

16 the Registry shall reflect applicable expert research 

17 on military and other hearing loss. 

18 (4) MECHANISMS.—The mechanisms of the 

19 Registry for tracking under paragraph (1)(A) shall 

20 ensure that each military medical treatment facility 

21 or other medical facility shall submit to the center 

22 for inclusion in the Registry information on the di23 agnosis, surgical intervention or other operative pro24 cedure, other treatment, and follow up for each case 

25 of hearing loss and auditory system injury described 


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1 in that paragraph as follows (to the extent applica2 ble): 

3 (A) Not later than 30 days after surgery 

4 or other operative intervention, including a sur5 gery or other operative intervention carried out 

6 as a result of a follow-up examination. 

7 (B) Not later than 180 days after the 

8 hearing loss and auditory system injury is re9 ported or recorded in the medical record. 

10 (5) COORDINATION OF CARE AND BENEFITS.— 

11 (A) The center shall provide notice to the National 

12 Center for Rehabilitative Auditory Research 

13 (NCRAR) of the Department of Veterans Affairs 

14 and to the auditory system impairment services of 

15 the Veterans Health Administration on each member 

16 of the Armed Forces described in subparagraph (B) 

17 for purposes of ensuring the coordination of the pro18 vision of ongoing auditory system rehabilitation ben19 efits and services by the Department of Veterans Af20 fairs after the separation or release of such member 

21 from the Armed Forces. 

22 (B) A member of the Armed Forces described 

23 in this subparagraph is a member of the Armed 

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1 cluding a member with auditory dysfunction related 

2 to traumatic brain injury. 

3 (d) UTILIZATION OF REGISTRY INFORMATION.—The 

4 Secretary of Defense and the Secretary of Veterans Af5 fairs shall jointly ensure that information in the Registry 

6 is available to appropriate audiologists, speech and lan7 guage pathologists, otolaryngologists, and other specialist 

8 personnel of the Department of Defense and the Depart9 ment of Veterans Affairs for purposes of encouraging and 

10 facilitating the conduct of research, and the development 

11 of best practices and clinical education, on hearing loss 

12 or auditory system injury incurred by members of the 

13 Armed Forces. 

14 (e) INCLUSION OF RECORDS OF OIF/OEF VET15 ERANS.—The Secretary of Defense shall take appropriate 

16 actions to include in the Registry such records of members 

17 of the Armed Forces who incurred a hearing loss or audi18 tory system injury while serving on active duty on or after 

19 September 11, 2001, but before the establishment of the 

20 Registry, as the Secretary considers appropriate for pur21 poses of the Registry. 

22 SEC. 722. CLARIFICATION TO CENTER OF EXCELLENCE RE23 LATING TO MILITARY EYE INJURIES. 

24 Section 1623(d) of Public Law 110–181 is amended 

25 by striking ‘‘in combat’’ at the end. 


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1 SEC. 723. NATIONAL CASUALTY CARE RESEARCH CENTER. 

2 (a) REDESIGNATION OF RESEARCH PROGRAM AS

3 CENTER.—Not later than October 1, 2009, the Secretary 

4 of Defense shall designate a center be known as the ‘‘Na5 tional Casualty Care Research Center’’ (in this section re6 ferred to as the ‘‘Center’’), which shall consist of the pro7 gram known as the combat casualty care research pro8 gram at the Army Medical Research and Materiel Com9 mand as modified in accordance with this section. 

10 (b) DIRECTOR.—There shall be a director of the Cen11 ter, who shall be appointed by the Secretary after con12 sultation with the commanding general of the Medical Re13 search and Materiel Command. 

14 (c) ACTIVITIES OF THE CENTER.—In addition to the 

15 functions already performed by the combat casualty care 

16 research program, the Center shall— 

17 (1) provide a public-private partnership for 

18 funding clinical and experimental studies in combat 

19 injury; 

20 (2) integrate laboratory and clinical research to 

21 hasten improvements in care to both civilians and 

22 members of the Armed Forces who are injured; 

23 (3) ensure that data from both military and ci24 vilian entities, including the Joint Theater Trauma 

25 Registry and the National Trauma Data Bank, are 


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1 optimally used to establish research agendas and 

2 measure improvements in outcomes; and 

3 (4) fund the full spectrum of injury research 

4 and evaluation, including— 

5 (A) laboratory, translational, and clinical 

6 research; 

7 (B) point of wounding and pre-hospital 

8 care; 

9 (C) early resuscitative management; 

10 (D) initial and definitive surgical care; 

11 (E) rehabilitation and reintegration into 

12 society; and 

13 (F) coordinate multi-institutional civilian/ 

14 military collaboration and trauma research. 

15 (d) AUTHORIZATION.—In addition to amounts au16 thorized for the combat casualty care research program 

17 of the Army Medical Research and Materiel Command, 

18 there is authorized to be appropriated $1,000,000 for the 

19 Center established pursuant to this section. 

20 (e) FUNDING ADJUSTMENTS.—For the amounts au21 thorized in subsection (d): 

22 (1) The amount for the Defense Health Pro23 gram, Research and Development, is hereby in24 creased by $1,000,000, to be available for the 


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1 United States Army Medical Research and Materiel 

2 Command. 

3 (2) The amount for Weapons Procurement, 

4 Navy, is hereby reduced by $1,000,000, to be de5 rived from other missiles. 

6 SEC. 724. PEER-REVIEWED RESEARCH PROGRAM ON EX7 TREMITY WAR INJURIES. 

8 (a) ESTABLISHMENT OF PEER-REVIEWED

9 ORTHOPAEDIC EXTREMITY TRAUMA RESEARCH PRO10 GRAM.—Not later than 180 days after the date of the en11 actment of this Act, the Secretary of Defense shall estab12 lish a competitive, peer-reviewed research program within 

13 the Defense Health Program’s research and development 

14 function to conduct peer-reviewed medical research at 

15 military and civilian institutions designed to develop sci16 entific information aimed at saving injured extremities, 

17 avoiding amputations, and preserving and restoring the 

18 function of injured extremities. Such research shall ad19 dress military medical needs and include the full range 

20 of scientific inquiry encompassing basic, translational, and 

21 clinical research. 

22 (b) REPORT.—Not later than 180 days after the date 

23 of the enactment of this Act, the Secretary of Defense 

24 shall submit to Congress a report on the plans for estab25 lishment, management, and operation of the Peer-ReVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 viewed Research Program on Extremity War Injuries re2 quired under this section. 

3 (c) EFFECTIVE DATE.—This section shall be in effect 

4 until September 30, 2013. 

5 SEC. 725. REVIEW OF POLICIES AND PROCESSES RELATED 

6 TO THE DELIVERY OF MAIL TO WOUNDED 

7 MEMBERS OF THE ARMED FORCES. 

8 (a) REVIEW OF DELIVERY POLICY AND PROC9 ESSES.—The Secretary of Defense shall review the policies 

10 and processes related to the delivery of letters, packages, 

11 messages, and other communications that are intended as 

12 measures of support and addressed generally to wounded 

13 and injured members of the Armed Forces (such as ‘‘To 

14 any Wounded Warrior’’ or ‘‘To Any Wounded Service 

15 Member’’) in military medical treatment facilities and 

16 other locations where members of the Armed Forces are 

17 treated and rehabilitated. 

18 (b) SPECIFIC PROCESSES.—In conducting the review 

19 under subsection (a), the Secretary of Defense shall deter20 mine the following: 

21 (1) Whether the current Department of Defense 

22 prohibition on the direct delivery of such letters, 

23 packages, messages, and other communications to 

24 wounded and injured members of the Armed Forces 

25 should be modified. 


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1 (2) The adequacy, particularly from the per2 spective of wounded and injured members of the 

3 Armed Forces, of the current governmental and non4 governmental delivery processes. 

5 (c) CORRECTIVE ACTIONS.—Based on the review 

6 under subsection (a), the Secretary of Defense may take 

7 actions to correct or modify the policies and processes re8 lated to the delivery of letters, packages, messages, and 

9 other communications to wounded and injured members 

10 of the Armed Forces as the Secretary determines appro11 priate. 

12 (d) REPORT.—Not later than 90 days after the date 

13 of the enactment of this Act, the Secretary of Defense 

14 shall submit to the Committee on Armed Services of the 

15 Senate and the Committee on Armed Services of the 

16 House of Representatives a report on the results of the 

17 review under subsection (a) and the ongoing and projected 

18 actions to correct or modify the policies and processes re19 lated to the delivery of letters, packages, messages, and 

20 other communications to wounded and injured members 

21 of the Armed Forces. 

22 SEC. 726. POST-DEPLOYMENT MENTAL HEALTH SCREENING 

23 DEMONSTRATION PROJECT. 

24 (a) DEMONSTRATION PROJECT REQUIRED.—The 

25 Secretary of Defense shall conduct a demonstration 


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1 project to assess the feasibility and efficacy of providing 

2 a face to face post-deployment mental health screening be3 tween a member of the Armed Forces and a mental health 

4 provider. 

5 (b) ELEMENTS.—The demonstration project shall in6 clude, at a minimum, the following elements: 

7 (1) A combat stress evaluation conducted in 

8 person by a qualified mental health professional 

9 within 120 to 180 days after the date on which the 

10 member returns from combat theater. 

11 (2) Phone follow-ups by a case manager, not 

12 necessarily stationed at the military installation, at 

13 the following intervals after the initial post-deploy14 ment screening: 

15 (A) Six months. 

16 (B) Twelve months. 

17 (C) Eighteen months. 

18 (D) Twenty-four months. 

19 (c) CONSULTATION.—The Secretary of Defense shall 

20 develop the demonstration project in consultation with the 

21 Secretary of Veterans Affairs and the Secretary of Health 

22 and Human Services. The Secretary of Defense may also 

23 coordinate the program with any accredited college, uni24 versity, hospital-based or community-based mental health 

25 center the Secretary considers appropriate. 


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1 (d) SELECTION OF MILITARY INSTALLATION.—The 

2 demonstration project shall be conducted at two military 

3 installations, one active duty and one reserve component 

4 demobilization station, selected by the Secretary of De5 fense. The installations selected shall have members of the 

6 Armed Forces on active duty and members of the reserve 

7 components that use the installation as a training and op8 erating base, with members routinely deploying in support 

9 of operations in Iraq, Afghanistan, and other assignments 

10 related to the global war on terrorism. 

11 (e) PERSONNEL REQUIREMENTS.—The Secretary of 

12 Defense shall ensure an adequate number of the following 

13 personnel in the program: 

14 (1) Qualified mental health professionals that 

15 are licensed psychologists, psychiatrists, psychiatric 

16 nurses, or clinical social workers. 

17 (2) Suicide prevention counselors. 

18 (f) TIMELINE.— 

19 (1) The demonstration project required by this 

20 subsection shall be implemented not later than Sep21 tember 30, 2009. 

22 (2) Authority for this demonstration project 

23 shall expire on September 30, 2011. 

24 (g) REPORTS.—The Secretary of Defense shall sub25 mit to the congressional defense committees— 


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1 (1) a plan to implement the demonstration 

2 project, including site selection and criteria for 

3 choosing the site, not later than June 1, 2009, 

4 (2) an interim report every 180 days thereafter; 

5 and 

6 (3) a final report detailing the results not later 

7 than January 1, 2012. 

8 Subtitle D—Other Matters 

9 SEC. 731. REPORT ON STIPEND FOR MEMBERS OF RESERVE 

10 COMPONENTS FOR HEALTH CARE FOR CER11 TAIN DEPENDENTS. 

12 The Secretary of Defense shall submit to the congres13 sional defense committees a report on the extent to which 

14 the Secretary has exercised the authority provided in sec15 tion 704 of the National Defense Authorization Act for 

16 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 188; 

17 10 U.S.C. 1076 note). 

18 SEC. 732. REPORT ON PROVIDING THE EXTENDED CARE 

19 HEALTH OPTION PROGRAM TO AUTISTIC DE20 PENDENTS OF MILITARY RETIREES. 

21 (a) REPORT REQUIRED.—Not later than 90 days 

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

23 of Defense shall submit to the congressional defense com24 mittees a report that contains a plan for including autistic 

25 dependents of military retirees in the Extended Care 


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1 Health Option program (hereafter in this section referred 

2 to as the ‘‘ECHO program’’). 

3 (b) CONTENTS OF REPORT.—The report required 

4 under subsection (a) shall include the following: 

5 (1) The most current data on the number of 

6 military retirees with autistic dependents and an es7 timate of the number of future military retirees with 

8 autistic dependents. 

9 (2) The cost estimates of providing extended 

10 benefits under the ECHO program to autistic de11 pendents of all current and future military retirees. 

12 (3) The feasibility of including autistic depend13 ents of military retirees in any ongoing demonstra14 tion or pilot programs within the ECHO program. 

15 (4) The statutory and regulatory impediments 

16 to including autistic dependents of military retirees 

17 in the ECHO program. 

18 SEC. 733. SENSE OF CONGRESS REGARDING AUTISM THER19 APY SERVICES. 

20 (a) MINIMUM COST SHARE PER MONTH.—The Sec21 retary of Defense shall ensure that autistic children of 

22 members of the Armed Forces enrolled in the Extended 

23 Care Health Option program shall be eligible to receive 

24 a minimum of $5,000 per month of autistic therapy serv25 ices. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the Secretary of Defense should ensure that the 

3 process in determining eligibility for autistic therapy serv4 ices provided to the children of members of the Armed 

5 Forces is conducted in an expeditious manner and without 

6 delay. 

7 (c) STUDY AND REPORT.— 

8 (1) STUDY.—The Secretary of Defense shall 

9 conduct a study on autistic therapy services in the 

10 Department of Defense. The study shall include— 

11 (A) an evaluation of whether such services 

12 would be better managed under the TRICARE 

13 program; and 

14 (B) the potential benefits and costs of a 

15 transition of the management of such services 

16 from the exceptional family member programs 

17 to the TRICARE program. 

18 (2) REPORT.—Not later than July 30, 2009, 

19 the Secretary shall submit to the Committees on 

20 Armed Services of the Senate and the House of Rep21 resentatives a report on the results of the study. 

22 (d) DEFINITIONS.—In this section: 

23 (1) AUTISTIC THERAPY SERVICES.—The term 

24 ‘‘autistic therapy services’’ includes applied behavior 

25 analysis. 


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1 (2) TRICARE PROGRAM.—The term 

2 ‘‘TRICARE program’’ has the meaning provided by 

3 section 1072 of title 10, United States Code. 

4 (3) EXTENDED CARE HEALTH OPTION.—The 

5 term ‘‘Extended Care Health Option’’ means the 

6 program of extended benefits provided pursuant to 

7 subsections (d), (e), and (f) of section 1079 of title 

8 10, United States Code. 

9 (e) FUNDING.—Of the amount authorized to be ap10 propriated by section 1511(a), $29,000,000 is authorized 

11 to be used to carry out this section. 

12 SEC. 734. REPORT ON IMPLEMENTATION OF RECOMMENDA13 TIONS CONTAINED IN REPORT ON HEALTH 

14 EFFECTS OF EXPOSURE TO DEPLETED URA15 NIUM. 

16 Not later than 120 days after the date of the enact17 ment of this Act, the Secretary of Defense shall submit 

18 to Congress a report describing the measures underway 

19 to implement the recommendations contained in the report 

20 entitled ‘‘Review of the Toxicologic and Radiologic Risks 

21 to Military Personnel from Exposure to Depleted Uranium 

22 During and After Combat’’, which was conducted pursu23 ant to section 716 of the John Warner National Defense 

24 Authorization Act for Fiscal Year 2007 (Public Law 109– 

25 364; 120 Stat. 2391). 


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1 SEC. 735. SUICIDE RISK BY MILITARY OCCUPATION. 

2 (a) STUDY.—The Secretary of Defense shall conduct 

3 a study to identify the mental health risks associated with 

4 the performance of military duties. 

5 (b) ELEMENTS.—The study shall include the fol6 lowing elements: 

7 (1) An assessment of suicide incidence by mili8 tary occupation. 

9 (2) An identification of military occupations 

10 with a high incidence of suicide. 

11 (3) An evaluation of current suicide prevention 

12 programs for those military occupations with a high 

13 incidence of suicide. 

14 (4) An assessment of the need for additional 

15 suicide prevention programs specific to military oc16 cupations with a high incidence of suicide. 

17 (c) REPORT.—Not later than 120 days after the date 

18 of enactment of this Act, the Secretary of Defense shall 

19 submit to the Congressional Defense Committees a report 

20 on the findings of the study. The report shall include any 

21 recommendations for improving suicide prevention pro22 grams for military occupations with a high incidence of 

23 suicide. 


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1 SEC. 736. IMPLEMENTATION OF RECOMMENDATIONS OF 

2 DEPARTMENT OF DEFENSE MENTAL HEALTH 

3 TASK FORCE. 

4 (a) IN GENERAL.—The Comptroller General of the 

5 United States shall conduct a review of the implementa6 tion by the Department of Defense of recommendations 

7 made by the Department of Defense Task Force on Men8 tal Health (in this section referred to as the ‘‘Task 

9 Force’’) developed pursuant to section 723 of the National 

10 Defense Authorization Act for Fiscal Year 2006 (Public 

11 Law 109–163; 119 Stat. 3348) to ensure a full continuum 

12 of psychological health services and care for members of 

13 the Armed Forces and their families. 

14 (b) REPORT REQUIRED.—Not later than one year 

15 after the date of the enactment of this Act, the Comp16 troller General shall submit to the congressional defense 

17 committees a report on the results of the review required 

18 by this section. The report shall include such recommenda19 tions as the Comptroller General considers appropriate. 

20 SEC. 737. TRANSITIONAL HEALTH CARE FOR CERTAIN 

21 MEMBERS OF THE ARMED FORCES WHO 

22 AGREE TO SERVE IN THE SELECTED RE23 SERVE OF THE READY RESERVE. 

24 (a) PROVISION OF TRANSITIONAL HEALTH CARE.— 

25 Section 1145(a)(2) of title 10, United States Code, is 


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1 amended by adding at the end the following new subpara2 graph: 

3 ‘‘(E) A member who is separated from active 

4 duty who agrees to become a member of the Selected 

5 Reserve of the Ready Reserve of a reserve compo6 nent.’’. 

7 (b) EFFECTIVE DATE.—Subparagraph (E) of section 

8 1145(a)(2) of title 10, United States Code, as added by 

9 subsection (a), shall apply with respect to members of the 

10 Armed Forces separated from active duty after the date 

11 of the enactment of this Act. 

12 (c) OFFSET.—The amount in section 201(4) for re13 search, development, test, and evaluation, Defense-wide, 

14 is hereby reduced by $22,000,000, to be derived from the 

15 Missile Defense Agency. 

16 TITLE VIII—ACQUISITION POL17 ICY, ACQUISITION MANAGE18 MENT, AND RELATED MAT19 TERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Review of impact of illegal subsidies on acquisition of KC–45 aircraft. 

Sec. 802. Assessment of urgent operational needs fulfillment. 

Sec. 803. Preservation of tooling for major defense acquisition programs. 

Sec. 804. Prohibition on procurement from beneficiaries of foreign subsidies. 

Sec. 805. Domestic industrial base considerations during source selection. 

Sec. 806. Commercial software reuse preference. 

Sec. 807. Comprehensive proposal analysis required during source selection. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 811. Acquisition workforce expedited hiring authority. 


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Sec. 812. Definition of system for Defense Acquisition Challenge Program. 

Sec. 813. Career path and other requirements for military personnel in the acquisition field. 

Sec. 814. Technical data rights for non-FAR agreements. 

Sec. 815. Clarification that cost accounting standards apply to Federal contracts performed outside the United States. 

Subtitle C—Provisions Relating to Inherently Governmental Functions 

Sec. 821. Policy on personal conflicts of interest by employees of Department 

of Defense contractors. 

Sec. 822. Development of guidance on personal services contracts. 

Sec. 823. Limitation on performance of product support integrator functions. 

Sec. 824. Performance by private security contractors of inherently governmental functions in an area of combat operations. 

Subtitle D—Defense Industrial Security 

Sec. 831. Requirements relating to facility clearances. 

Sec. 832. Foreign ownership control or influence. 

Sec. 833. Congressional oversight relating to facility clearances and foreign 

ownership control or influence; definitions. 

Subtitle E—Other Matters 

Sec. 841. Clarification of status of Government rights in the designs of department of defense vessels, boats, and craft, and components 

thereof. 

Sec. 842. Expansion of authority to retain fees from licensing of intellectual 

property. 

Sec. 843. Transfer of sections of title 10 relating to Milestone A and Milestone 

B for clarity. 

Sec. 844. Earned value management study and report. 

Sec. 845. Report on market research. 

Sec. 846. System development and demonstration benchmark report. 

Sec. 847. Additional matters required to be reported by contractors performing 

security functions in areas of combat operations. 

Sec. 848. Report relating to munitions. 

Sec. 849. Additional contractor requirements and responsibilities relating to alleged crimes by or against contractor personnel in Iraq and Afghanistan. 

Sec. 850. Requirement for Department of Defense to adopt an acquisition 

strategy for Defense Base Act insurance. 

Sec. 851. Motor carrier fuel surcharges. 

Sec. 852. Requirement for defense contract clause prohibiting certain uses of 

foreign shell companies. 


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1 Subtitle A—Acquisition Policy and 

2 Management 

3 SEC. 801. REVIEW OF IMPACT OF ILLEGAL SUBSIDIES ON 

4 ACQUISITION OF KC–45 AIRCRAFT. 

5 (a) REVIEW OF ILLEGAL SUBSIDIES REQUIRED.— 

6 The Secretary of the Air Force, not later than 10 days 

7 after a ruling by the World Trade Organization that either 

8 or both of the United States or the European Union, or 

9 any political entity within the United States or the Euro10 pean Union, has provided illegal subsidies to a manufac11 turer of large commercial aircraft, shall begin a review, 

12 as described in subsection (b), of the impact of such illegal 

13 subsidies on the source selection for the KC–45 Aerial Re14 fueling Aircraft Program. 

15 (b) PERFORMANCE OF THE REVIEW.—In performing 

16 the review required by subsection (a), the Secretary of Air 

17 Force shall comply with the following requirements: 

18 (1) The Secretary shall seek information from 

19 the public on the potential impact of illegal subsidies 

20 on the source selection process for the KC–45 Aerial 

21 Refueling Aircraft Program through a notice and 

22 comment process. The Secretary shall adopt such 

23 procedures for handling information provided under 

24 such notice and comment process as are necessary to 


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1 protect national security and confidential business 

2 information. 

3 (2) The Secretary shall consult with experts 

4 within the Department of Defense, the Office of 

5 Management and Budget, the Office of the United 

6 States Trade Representative, and other agencies and 

7 offices of the Federal government, as appropriate, 

8 on the potential impact of illegal subsidies on the 

9 source selection process for the KC–45 Aerial Re10 fueling Aircraft Program. 

11 (3) The Secretary shall request information 

12 from each of the offerors in the source selection 

13 process for the KC–45 Aerial Refueling Aircraft 

14 Program on the potential impact of illegal subsidies 

15 on such process. 

16 (c) COMPLETION OF REVIEW.—The Secretary of the 

17 Air Force shall complete the review required by subsection 

18 (a) not later than 90 days after the World Trade Organi19 zation has ruled on all illegal subsidy cases involving large 

20 commercial aircraft pending at the World Trade Organiza21 tion as of the date of the enactment of this Act. 

22 (d) DETERMINATION AND REMEDY REQUIRED.—If 

23 the Secretary of the Air Force determines, after per24 forming the review required by subsection (a), that an ille25 gal subsidy or subsidies had a material impact on the 


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1 source selection process for the KC–45 Aerial Refueling 

2 Aircraft Program sufficient to bring into question the fair3 ness of such source selection process, the Secretary shall 

4 take such measures as are necessary and appropriate to 

5 ensure that the effect of such subsidy or subsidies is re6 moved and the source selection process for the KC–45 

7 Aerial Refueling Aircraft Program is fair to all offerors. 

8 (e) DEFINITIONS.—In this section: 

9 (1) The term ‘‘illegal subsidy’’ means a subsidy 

10 found to constitute a violation of the Agreement on 

11 Subsidies and Countervailing Measures. 

12 (2) The term ‘‘Agreement on Subsidies and 

13 Countervailing Measures’’ means the agreement de14 scribed in section 101(d)(12) of the Uruguay Round 

15 Agreements Act (19 U.S.C. 3511(d)(12)). 

16 (3) The term ‘‘source selection’’, with respect to 

17 a program of the Department of Defense, means the 

18 selection, through the use of competitive procedures 

19 or such other procurement procedures as may be ap20 plicable, of a contractor to perform a contract to 

21 carry out the program. 

22 SEC. 802. ASSESSMENT OF URGENT OPERATIONAL NEEDS 

23 FULFILLMENT. 

24 (a) ASSESSMENT REQUIRED.—The Secretary of De25 fense shall commission a study and report by a federally 


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1 funded research and development center to assess the ef2 fectiveness of the processes used by the Department of De3 fense for the generation of urgent operational need re4 quirements, and the acquisition processes used to fulfill 

5 such requirements. Such assessment shall include the fol6 lowing: 

7 (1) A description and evaluation of the effec8 tiveness of the procedures used to generate 

9 warfighting requirements through the urgent oper10 ational need process. 

11 (2) An evaluation of the extent to which urgent 

12 operational need statements are used to document 

13 required capability gaps or are used to request spe14 cific acquisition outcomes, such as specific systems 

15 or equipment. 

16 (3) A description and evaluation of the effec17 tiveness of the processes used by each of the military 

18 departments to prioritize and fulfill urgent oper19 ational needs, including the rapid acquisition proc20 esses of the military departments. 

21 (4) A description and evaluation of the effec22 tiveness of the procedures used to generate 

23 warfighting requirements through the joint urgent 

24 operational need process. 


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1 (5) An evaluation of the extent to which joint 

2 urgent operational need statements are used to doc3 ument urgent joint capability gaps or are used— 

4 (A) to avoid using service-specific urgent 

5 operational need and acquisition processes; 

6 (B) to document non-urgent capability 

7 gaps; or 

8 (C) to request specific acquisition out9 comes, such as specific systems or equipment. 

10 (6) A description and evaluation of the effec11 tiveness of the processes used by the various ele12 ments of the Department of Defense to prioritize 

13 and fulfill joint urgent operational needs, including 

14 the Joint Improvised Explosive Device Defeat Orga15 nization and the Joint Rapid Acquisition Cell. 

16 (7) An evaluation of the extent to which joint 

17 acquisition entities maintain oversight, once a mili18 tary department or defense agency has been des19 ignated as responsible for execution and fielding of 

20 a capability in response to a joint urgent operational 

21 need statement, including oversight of— 

22 (A) the responsiveness of the military de23 partment or agency in execution; 


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1 (B) the field performance of the capability 

2 delivered in response to the joint urgent oper3 ational need statement; and 

4 (C) the concurrent development of a long5 term acquisition and sustainment strategy. 

6 (8) Recommendations regarding— 

7 (A) common definitions and standards for 

8 urgent operational needs statements and joint 

9 urgent operational need statements; 

10 (B) best practices and process improve11 ments for the creation, evaluation, 

12 prioritization, and fulfillment of urgent oper13 ational need statements and joint urgent oper14 ational need statements; and 

15 (C) the extent to which rapid acquisition 

16 processes should be consolidated or expanded. 

17 (b) SUBMISSION TO CONGRESS.—Not later than 180 

18 days after the date of the enactment of this Act, the Sec19 retary of Defense shall submit to the congressional defense 

20 committees the report resulting from the study conducted 

21 pursuant to subsection (a). 

22 (c) DEFINITIONS.—In this section: 

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1 ority capability gap from an ongoing, named oper2 ation— 

3 (A) that is validated and resourced by a 

4 specific military department or defense agency; 

5 and 

6 (B) that, if not addressed immediately, will 

7 seriously endanger personnel or pose a major 

8 threat to ongoing operations. 

9 (2) The term ‘‘joint urgent operational need’’ 

10 means a high priority capability gap from an ongo11 ing, named operation— 

12 (A) that is identified by a combatant com13 mander; 

14 (B) that requires validation and resourcing 

15 by the Joint Chiefs of Staff; 

16 (C) that falls outside of the established 

17 processes of the military departments; and 

18 (D) that, if not addressed immediately will 

19 seriously endanger personnel or pose a major 

20 threat to ongoing operations. 

21 SEC. 803. PRESERVATION OF TOOLING FOR MAJOR DE22 FENSE ACQUISITION PROGRAMS. 

23 (a) GUIDANCE REQUIRED.—The Secretary of De24 fense shall issue guidance requiring that all unique tooling 

25 associated with the production of hardware for a major 


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1 defense acquisition program be preserved and stored 

2 through the end of the service life of the end item associ3 ated with such a program. Such guidance shall— 

4 (1) provide that either a component of the De5 partment of Defense or a contractor (or subcon6 tractor at any tier) may be responsible for preserva7 tion and storage of such tooling; 

8 (2) require that the milestone decision authority 

9 approve a plan for the preservation and storage of 

10 such tooling prior to granting a Milestone C ap11 proval; 

12 (3) if such tooling is to be preserved and stored 

13 by a component of the Department of Defense, re14 quire the component to ensure adequate funds and 

15 facilities are available to preserve and store such 

16 tooling through the projected service life of the end 

17 item; 

18 (4) if such tooling is to be preserved and stored 

19 by a contractor, or a subcontractor at any tier, re20 quire that any production contract (or subcontract) 

21 awarded in support of the major defense acquisition 

22 program include a contract clause regarding the 

23 preservation and storage of such tooling; and 

24 (5) provide a mechanism for the Secretary of 

25 Defense to waive such requirement if— 


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1 (A) the Secretary determines that such a 

2 waiver is in the best interest of national secu3 rity; and 

4 (B) notifies the congressional defense com5 mittees at least 15 days before taking such ac6 tion. 

7 (b) DEFINITIONS.—In this section: 

8 (1) MAJOR DEFENSE ACQUISITION PROGRAM.— 

9 The term ‘‘major defense acquisition program’’ has 

10 the meaning provided in section 2430 of title 10, 

11 United States Code. 

12 (2) MILESTONE DECISION AUTHORITY.—The 

13 term ‘‘milestone decision authority’’ has the meaning 

14 provided in section 2366a(f)(2). 

15 (3) MILESTONE C APPROVAL.—The term ‘‘Mile16 stone C approval’’ has the meaning provided in sec17 tion 2366(e)(8) of title 10, United States Code. 

18 SEC. 804. PROHIBITION ON PROCUREMENT FROM BENE19 FICIARIES OF FOREIGN SUBSIDIES. 

20 (a) PROHIBITION.—Except as provided in subsections 

21 (c) and (d), the Secretary of Defense may not enter into 

22 a contract for the procurement of goods or services from 

23 any foreign person to which the government of a foreign 

24 country that is a member of the World Trade Organization 

25 has provided a subsidy if— 


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1 (1) the United States has requested consulta2 tions with that foreign country under the Agreement 

3 on Subsidies and Countervailing Measures on the 

4 basis, in whole or in part, that the subsidy is a pro5 hibited subsidy under that Agreement; and 

6 (2) either— 

7 (A) the dispute before the World Trade 

8 Organization has not been resolved; or 

9 (B) the World Trade Organization has 

10 ruled that the subsidy provided by the foreign 

11 country is a prohibited subsidy under the 

12 Agreement on Subsidies and Countervailing 

13 Measures. 

14 (b) ADDITIONAL APPLICABILITY.— 

15 (1) JOINT VENTURES.—The prohibition under 

16 subsection (a) with respect to a foreign person also 

17 applies to any joint venture, cooperative organiza18 tion, partnership, or contracting team of which that 

19 foreign person is a member. 

20 (2) SUBCONTRACTS AND TASK AND DELIVERY

21 ORDERS.—The prohibition under subsection (a) with 

22 respect to a contract also applies to any sub23 contracts at any tier entered into under the contract 

24 and any task orders or delivery orders at any tier 

25 issued under the contract. 


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1 (c) EXCEPTIONS TO APPLICABILITY.— 

2 (1) INAPPLICABILITY TO PROGRAMS WITH

3 MILESTONE B APPROVAL.—The prohibition under 

4 subsection (a) shall not apply to any contract under 

5 a major defense acquisition program that has re6 ceived Milestone B approval as of the date of the en7 actment of this Act. 

8 (2) INAPPLICABILITY TO CERTAIN PROCURE9 MENTS.—The prohibition under subsection (a) shall 

10 not apply to a contract for the procurement of goods 

11 or services from a foreign person being provided a 

12 subsidy if— 

13 (A) in any case in which goods or services 

14 are the subject of the consultation requested by 

15 the United States (as described in subsection 

16 (a)(1)), the goods or services to be procured 

17 under the contract are not related to the goods 

18 and services that are the subject of the con19 sultation; or 

20 (B) in any case in which the subject of the 

21 consultation requested by the United States (as 

22 described in subsection (a)) is not a good or 

23 service (but is law, regulations, or other policies 

24 of the foreign country), the Department of De25 fense contracting officer for the contract has 


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1 certified that the foreign person has dem2 onstrated that the cost of the offeror’s proposal 

3 is not materially affected by the subsidy. 

4 (d) WAIVER.—The President may waive the prohibi5 tion in this section with respect to a specific contract if 

6 the President (without delegation) determines that failure 

7 to waive the prohibition would result in a significant and 

8 imminent threat to national security. The President shall 

9 submit to Congress a notice of any waiver granted under 

10 this subsection within 7 days after granting it. 

11 (e) DURATION OF PROHIBITION.—In the case of a 

12 subsidy that the World Trade Organization has ruled is 

13 a prohibited subsidy as described in subsection (a)(2)(B), 

14 the prohibition under subsection (a) shall not apply to a 

15 contract for the procurement of goods or services that 

16 were the subject of the consultation after— 

17 (1) the dispute is resolved; and 

18 (2) either— 

19 (A) a mutual agreement has been reached 

20 between the United States and the foreign gov21 ernment with respect to the prohibited subsidy; 

22 or 

23 (B) the foreign government has agreed to 

24 comply with the requirements of the ruling 


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1 issued by the World Trade Organization in the 

2 dispute. 

3 (f) DEFINITIONS.—In this section: 

4 (1) The term ‘‘Agreement on Subsidies and 

5 Countervailing Measures’’ means the agreement de6 scribed in section 101(d)(12) of the Uruguay Round 

7 Agreements Act (19 U.S.C. 3501(d)(12)). 

8 (2) The term ‘‘foreign person’’ means— 

9 (A) an individual who is not a United 

10 States person or an alien lawfully admitted for 

11 permanent residence into the United States; or 

12 (B) a corporation, partnership, or other 

13 nongovernmental entity which is not a United 

14 States person. 

15 (3) The term ‘‘United States person’’ means— 

16 (A) a natural person who is a citizen of the 

17 United States or who owes permanent alle18 giance to the United States; and 

19 (B) a corporation or other legal entity 

20 which is organized under the laws of the United 

21 States, any State or territory thereof, or the 

22 District of Columbia, if natural persons de23 scribed in subparagraph (A) own, directly or in24 directly, more than 50 percent of the outVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 standing capital stock or other beneficial inter2 est in such legal entity. 

3 (4) The term ‘‘major defense acquisition pro4 gram’’ means a Department of Defense acquisition 

5 program that is a major defense acquisition program 

6 for purposes of section 2430 of title 10, United 

7 States Code. 

8 (5) The term ‘‘Milestone B approval’’ has the 

9 meaning provided that term in section 2366(e)(7) of 

10 such title. 

11 SEC. 805. DOMESTIC INDUSTRIAL BASE CONSIDERATIONS 

12 DURING SOURCE SELECTION. 

13 (a) REGULATIONS REQUIRED.—Not later than 120 

14 days after the date of the enactment of this Act, the Sec15 retary of Defense shall prescribe regulations regarding the 

16 application of a domestic industrial base evaluation factor 

17 during source selection for a major defense acquisition 

18 program of the Department of Defense. Such regulations 

19 shall— 

20 (1) allow the source selection authority to con21 sider impacts on the domestic industrial base as an 

22 evaluation factor during the source selection process; 

23 (2) provide the source selection authority flexi24 bility with regard to the importance assigned to such 

25 an evaluation factor; and 


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1 (3) provide defense acquisition officials with the 

2 authority to impose penalties on the contractor 

3 awarded the contract resulting from the source se4 lection, including fines and contract termination, 

5 if— 

6 (A) the domestic industrial base evaluation 

7 factor was used during source selection; 

8 (B) the evaluation factor had a material 

9 effect on the outcome of the source selection; 

10 and 

11 (C) the official determines that the poten12 tial contractor knowingly or willfully misrepre13 sented impacts to the domestic industrial base 

14 during source selection. 

15 (b) IMPACTS ON DOMESTIC INDUSTRIAL BASE.—For 

16 purposes of the regulations, the Secretary shall consider, 

17 at a minimum, the following to be impacts on the domestic 

18 industrial base: 

19 (1) The creation or maintenance of domestic ca20 pability for production of critical supplies. 

21 (2) The creation or maintenance of domestic 

22 jobs. 

23 (3) The creation or maintenance of domestic 

24 scientific and technological competencies or manu25 facturing skills. 


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1 (c) REPORT REQUIRED.—The Secretary of Defense 

2 shall notify the congressional defense committees at least 

3 30 days before the issuance of a request for proposal for 

4 any major defense acquisition program that will not use 

5 a domestic industrial base evaluation factor during the 

6 source selection process. Such notification shall include— 

7 (1) a brief description of the major defense ac8 quisition program; 

9 (2) a justification for not using a domestic in10 dustrial base evaluation factor; and 

11 (3) an assessment of potential impacts on the 

12 domestic industrial base, if known, as a result of not 

13 using a domestic industrial base evaluation factor. 

14 (d) DEFINITIONS.—In this section: 

15 (1) DOMESTIC INDUSTRIAL BASE.—The term 

16 ‘‘domestic industrial base’’ means— 

17 (A) persons and organizations that are en18 gaged in research, development, production, or 

19 maintenance activities conducted within the 

20 United States and United States territories; 

21 and 

22 (B) includes, at a minimum, prime con23 tractors, as well as second and third tier sub24 contractors, engaged in such activities. 


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1 (2) MAJOR DEFENSE ACQUISITION PROGRAM.— 

2 The term ‘‘major defense acquisition program’’ has 

3 the meaning provided in section 2430 of title 10, 

4 United States Code. 

5 (3) SOURCE SELECTION.—The term ‘‘source se6 lection’’, with respect to a major defense acquisition 

7 program, means the selection, through the use of 

8 competitive procedures or such other procurement 

9 procedures as may be applicable, of a contractor to 

10 perform a contract to carry out the program. 

11 (4) SOURCE SELECTION AUTHORITY.—The 

12 term ‘‘source selection authority’’, with respect to a 

13 major defense acquisition program, means the offi14 cial in the Department of Defense designated as re15 sponsible for the source selection for that program. 

16 SEC. 806. COMMERCIAL SOFTWARE REUSE PREFERENCE. 

17 (a) IN GENERAL.—The Secretary of Defense shall 

18 ensure that contracting officials identify and evaluate, at 

19 all stages of the acquisition process (including concept re20 finement, concept decision, and technology development), 

21 opportunities for the use of commercial computer software 

22 and, if practicable, use such software instead of developing 

23 new software. 

24 (b) REGULATIONS.—The Secretary of Defense shall 

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1 tion Supplement, Part 207.103, to clarify that the pref2 erence for commercial items in the acquisition process in3 cludes a preference for commercial computer software, and 

4 the preference applies at all stages of the acquisition proc5 ess. 

6 SEC. 807. COMPREHENSIVE PROPOSAL ANALYSIS RE7 QUIRED DURING SOURCE SELECTION. 

8 (a) REGULATIONS REQUIRED.—Not later than 120 

9 days after the date of the enactment of this Act, the Sec10 retary of Defense shall prescribe regulations regarding the 

11 comprehensive evaluation of a proposal for a major de12 fense acquisition program for which a significant propor13 tion of the research, design, development, manufacturing, 

14 assembly, or test and evaluation will be performed outside 

15 the United States. Such regulations shall— 

16 (1) require the offeror of such a proposal, in 

17 addition to providing a breakdown of costs as re18 quired by the Federal Acquisition Regulation, to 

19 provide a breakdown of costs not borne by the offer20 or as a result of activities performed outside the 

21 United States, and such costs shall— 

22 (A) include, at a minimum, costs borne by 

23 a foreign government that are not borne by a 

24 local, State, or Federal Government in the 

25 United States, such as government-borne— 


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1 (i) health care; 

2 (ii) retirement compensation; and 

3 (iii) workman’s compensation; 

4 (B) not include direct labor and material 

5 costs; and 

6 (C) be limited to those costs that would 

7 otherwise be allowable and allocable to the con8 tract for the major defense acquisition program 

9 if all activities were performed in the United 

10 States; 

11 (2) be applicable only to proposals submitted in 

12 response to a solicitation from the Department of 

13 Defense that requires cost or pricing data; 

14 (3) require the contracting officer responsible 

15 for conducting proposal analysis to consider such 

16 costs in any cost and price analysis performed; and 

17 (4) require the contracting officer to certify, 

18 prior to source selection, that the contracting officer 

19 has no reasonable grounds to believe that the final 

20 assessed price excludes any cost or other element of 

21 price (such as the monetary policy of a foreign gov22 ernment) that other offers performing in the United 

23 States could not also exclude. 

24 (b) ADDITIONAL APPLICABILITY WITH RESPECT TO

25 SUBCONTRACTORS.—The regulations under subsection (a) 


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1 also shall apply with respect to any subcontractor (at any 

2 tier) of a prospective contractor if the subcontractor is ex3 pected to perform outside the United States a significant 

4 portion of the research, design, development, manufac5 turing, assembly, or test and evaluation under the pro6 posal being evaluated. 

7 (c) DEFINITION.—In this section, the term ‘‘major 

8 defense acquisition program’’ means a Department of De9 fense acquisition program that is a major defense acquisi10 tion program for the purposes of section 2430 of title 10, 

11 United States Code. 

12 Subtitle B—Amendments to Gen13 eral Contracting Authorities, 

14 Procedures, and Limitations 

15 SEC. 811. ACQUISITION WORKFORCE EXPEDITED HIRING 

16 AUTHORITY. 

17 Section 1705 of title 10, United States Code, is 

18 amended by adding at the end the following new sub19 section: 

20 ‘‘(h) EXPEDITED HIRING AUTHORITY.— 

21 ‘‘(1) For purposes of sections 3304, 5333, and 

22 5753 of title 5, United States Code, the Secretary 

23 of Defense may— 


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1 ‘‘(A) designate any category of acquisition 

2 positions within the Department of Defense as 

3 shortage category positions; and 

4 ‘‘(B) utilize the authorities in such sections 

5 to recruit and appoint highly qualified persons 

6 directly to positions so designated. 

7 ‘‘(2) The Secretary may not appoint a person to 

8 a position of employment under this subsection after 

9 September 30, 2012.’’. 

10 SEC. 812. DEFINITION OF SYSTEM FOR DEFENSE ACQUISI11 TION CHALLENGE PROGRAM. 

12 Section 2359b of title 10, United States Code, is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(l) SYSTEM DEFINED.—In this section, the term 

16 ‘system’— 

17 ‘‘(1) means— 

18 ‘‘(A) the organization of hardware, soft19 ware, material, facilities, personnel, data, and 

20 services needed to perform a designated func21 tion with specified results (such as the gath22 ering of specified data, its processing, and its 

23 delivery to users); or 

24 ‘‘(B) a combination of two or more inter25 related pieces (or sets) of equipment arranged 


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1 in a functional package to perform an oper2 ational function or to satisfy a requirement; and 

3 ‘‘(2) includes a major system (as defined in sec4 tion 2302(5) of this title).’’. 

5 SEC. 813. CAREER PATH AND OTHER REQUIREMENTS FOR 

6 MILITARY PERSONNEL IN THE ACQUISITION 

7 FIELD. 

8 (a) ACQUISITION PERSONNEL REQUIREMENTS.— 

9 (1) IN GENERAL.—Chapter 87 of title 10, 

10 United States Code, is amended by inserting after 

11 section 1722 the following new section: 

12 ‘‘§ 1722a. Special requirements for military personnel 

13 in the acquisition field 

14 ‘‘(a) REQUIREMENT FOR POLICY AND GUIDANCE RE15 GARDING MILITARY PERSONNEL IN ACQUISITION.—The 

16 Secretary of Defense shall require the Secretary of each 

17 military department (with respect to the military depart18 ments) and the Under Secretary of Defense for Acquisi19 tion, Technology, and Logistics (with respect to the Office 

20 of the Secretary of Defense, the unified combatant com21 mands, the Defense Agencies, and Defense Field Activi22 ties), to establish policies and issue guidance to ensure the 

23 proper development, assignment, and employment of mem24 bers of the armed forces in the acquisition field to achieve 

25 the objectives of this section as specified in subsection (b). 


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1 ‘‘(b) OBJECTIVES.—Policies established and guidance 

2 issued pursuant to subsection (a) shall ensure, at a min3 imum, the following: 

4 ‘‘(1) A career path in the acquisition field that 

5 attracts the highest quality officers and enlisted per6 sonnel. 

7 ‘‘(2) A number of command positions and sen8 ior non-commissioned officer positions, including ac9 quisition billets reserved for general officers and flag 

10 officers under subsection (c), sufficient to ensure 

11 that members of the armed forces have opportunities 

12 for promotion and advancement in the acquisition 

13 field. 

14 ‘‘(3) A number of qualified, trained members of 

15 the armed forces eligible for and active in the acqui16 sition field sufficient to ensure the appropriate use 

17 of military personnel in contingency contracting. 

18 ‘‘(c) RESERVATION OF ACQUISITION BILLETS FOR

19 GENERAL OFFICERS AND FLAG OFFICERS.—(1) The Sec20 retary of Defense shall establish for each military depart21 ment a minimum number of billets coded or classified for 

22 acquisition personnel that are reserved for general officers 

23 and flag officers and shall ensure that the policies estab24 lished and guidance issued pursuant to subsection (a) by 

25 the Secretary of that military department reserve at least 


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1 that minimum number of billets and fill the billets with 

2 qualified and trained general officers and flag officers. 

3 ‘‘(2) The Secretary of Defense shall ensure that a 

4 sufficient number of billets for acquisition personnel who 

5 are general officers or flag officers exist within the Office 

6 of the Secretary of Defense, the unified combatant com7 mands, the Defense Agencies, and the Defense Field Ac8 tivities. 

9 ‘‘(3) The Secretary of Defense shall ensure that a 

10 portion of the billets referred to in paragraphs (1) and 

11 (2) involve command of organizations primarily focused on 

12 contracting. 

13 ‘‘(d) RELATIONSHIP TO LIMITATION ON PREF14 ERENCE FOR MILITARY PERSONNEL.—Any designation or 

15 reservation of a position for a member of the armed forces 

16 as a result of a policy established or guidance issued pur17 suant to this section shall be deemed to meet the require18 ments for an exception under paragraph (2) of section 

19 1722(b) of this title from the limitation in paragraph (1) 

20 of such section. 

21 ‘‘(e) REPORT.—Not later than January 1 of each 

22 year, the Secretary of each military department shall sub23 mit to the Under Secretary of Defense for Acquisition, 

24 Technology, and Logistics a report describing how the 

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1 ceding calendar year. The report shall include information 

2 on the reservation of acquisition billets for general officers 

3 and flag officers within the department.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended 

6 by inserting after the item relating to section 1722 

7 the following new item: 

‘‘1722a. Special requirements for military personnel in the acquisition field.’’. 

8 (b) ADDITIONAL ITEM FOR INCLUSION IN STRATEGIC

9 PLAN.—Section 543(f)(3)(E) of the National Defense Au10 thorization Act for Fiscal Year 2008 (Public Law 110– 

11 181; 122 Stat 116) is amended by inserting after ‘‘officer 

12 assignments and grade requirements’’ the following: ‘‘, in13 cluding requirements relating to the reservation of billets 

14 in the acquisition field for general and flag officers,’’. 

15 SEC. 814. TECHNICAL DATA RIGHTS FOR NON-FAR AGREE16 MENTS. 

17 (a) RIGHTS IN TECHNICAL DATA FOR NON-FAR 

18 AGREEMENTS.— 

19 (1) IN GENERAL.—Chapter 137 of title 10, 

20 United States Code, is amended by inserting after 

21 section 2320 the following new section: 

22 ‘‘§ 2320a. Rights in technical data for non-FAR agree23 ments 

24 ‘‘(a) POLICY GUIDANCE.— 


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1 ‘‘(1) The Secretary of Defense shall issue policy 

2 guidance with respect to the use of a non-FAR 

3 agreement for the development of a major weapon 

4 system or an item of personnel protective equipment. 

5 ‘‘(2) The guidance shall— 

6 ‘‘(A) define the legitimate interest of the 

7 United States and a party to such an agree8 ment in technical data pertaining to an item or 

9 process to be developed under the agreement, 

10 including, at a minimum, the interest of— 

11 ‘‘(i) the United States in increasing 

12 competition and lowering costs by devel13 oping and locating alternative sources of 

14 supply and manufacture; 

15 ‘‘(ii) the United States in the ability 

16 to conduct emergency repair and overhaul; 

17 or 

18 ‘‘(iii) the party to the agreement to 

19 restrict the release of technical data relat20 ing to an item or process developed at pri21 vate expense; and 

22 ‘‘(B) require that specific rights in tech23 nical data shall be established during agreement 

24 negotiations and be based upon negotiations be25 tween the United States and the potential party 


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1 to the agreement, except in any case in which 

2 the Secretary of Defense determines, on the 

3 basis of criteria established in such policy guid4 ance, that the establishment of rights during or 

5 through agreement negotiations would not be 

6 practicable. 

7 ‘‘(b) PROVISIONS IN NON-FAR AGREEMENTS.— 

8 Whenever practicable, a non-FAR agreement described in 

9 subsection (a) shall contain appropriate provisions relating 

10 to technical data, including provisions— 

11 ‘‘(1) defining the respective rights of the United 

12 States and the party to the agreement regarding any 

13 technical data to be delivered under the agreement; 

14 ‘‘(2) specifying the technical data to be deliv15 ered under the agreement and delivery schedules for 

16 such delivery; 

17 ‘‘(3) establishing or referencing procedures for 

18 determining the acceptability of technical data to be 

19 delivered under the agreement; 

20 ‘‘(4) to the maximum practicable extent, identi21 fying, in advance of delivery, technical data which is 

22 to be delivered with restrictions on the right of the 

23 United States to use such data; 

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1 ment to reflect engineering design changes made 

2 during the performance of the agreement and affect3 ing the form, fit, and function of the items specified 

4 in the agreement and to deliver such revised tech5 nical data to an agency within a time specified in 

6 the agreement; and 

7 ‘‘(6) establishing remedies to be available to the 

8 United States when technical data required to be de9 livered or made available under the agreement is 

10 found to be incomplete or inadequate or to not sat11 isfy the requirements of the agreement concerning 

12 technical data. 

13 ‘‘(c) ASSESSMENT OF LONG-TERM TECHNICAL DATA

14 NEEDS.—The Secretary of Defense shall require the pro15 gram manager for a major weapon system or an item of 

16 personnel protective equipment that is to be developed 

17 using a non-FAR agreement described in subsection (a) 

18 to assess the long-term technical data needs of such sys19 tems and items, in accordance with the requirements of 

20 section 2320(e) of this title. 

21 ‘‘(d) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘non-FAR agreement’ means an 

23 agreement that is not subject to laws pursuant to 

24 which the Federal Acquisition Regulation is pre25 scribed, including— 


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1 ‘‘(A) a transaction authorized under sec2 tion 2371 of this title; and 

3 ‘‘(B) a cooperative research and develop4 ment agreement. 

5 ‘‘(2) The term ‘party’, with respect to a non6 FAR agreement, means a non-Federal entity and in7 cludes any of the following: 

8 ‘‘(A) A contractor and its subcontractors 

9 (at any tier). 

10 ‘‘(B) A joint venture. 

11 ‘‘(C) A consortium.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is amended 

14 by inserting after the item relating to section 2320 

15 the following new item: 

‘‘2320a. Rights in technical data for non-FAR agreements.’’. 

16 (b) REPORT ON LIFE CYCLE PLANNING FOR TECH17 NICAL DATA NEEDS.—Not later than 120 days after the 

18 date of enactment of this Act, the Secretary of Defense 

19 shall submit to the Committees on Armed Services of the 

20 Senate and the House of Representatives a report on the 

21 implementation of the requirements in section 2320(e) of 

22 title 10, United States Code, for the assessment of long23 term technical data needs to sustain major weapon sys24 tems. Such report shall include— 


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1 (1) a description of all relevant guidance or 

2 policies issued; 

3 (2) the extent to which program managers have 

4 received training to better assess the long-term tech5 nical data needs of major weapon systems and sub6 systems; 

7 (3) a description of the data rights strategies 

8 developed prior to the issuance of contract solicita9 tions released since October 17, 2006; and 

10 (4) a characterization of the extent to which 

11 such strategies made use of priced contract options 

12 for the future delivery of technical data or acquired 

13 all relevant technical data upon contract award. 

14 SEC. 815. CLARIFICATION THAT COST ACCOUNTING STAND15 ARDS APPLY TO FEDERAL CONTRACTS PER16 FORMED OUTSIDE THE UNITED STATES. 

17 (a) CLARIFICATION.—Section 26(f)(2)(A) of the Of18 fice of Federal Procurement Policy Act (41 U.S.C. 

19 422(f)(2)(A)) is amended by adding at the end the fol20 lowing: ‘‘, whether the contracts or subcontracts are per21 formed inside or outside the United States’’. 

22 (b) IMPLEMENTING REGULATIONS.—Not later than 

23 180 days after the date of the enactment of this Act, the 

24 cost accounting standards promulgated under section 26 


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1 of such Act shall be amended to take into account the 

2 amendment made by subsection (a). 

3 Subtitle C—Provisions Relating to 

4 Inherently Governmental Func5 tions 

6 SEC. 821. POLICY ON PERSONAL CONFLICTS OF INTEREST 

7 BY EMPLOYEES OF DEPARTMENT OF DE8 FENSE CONTRACTORS. 

9 (a) POLICY REQUIRED.—Not later than 180 days 

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

11 of Defense shall develop a standard policy aimed at pre12 venting personal conflicts of interest by employees of De13 partment of Defense contractors that is similar to the pol14 icy of the Department of Defense aimed at preventing 

15 such conflicts by Department of Defense civilian employ16 ees. 

17 (b) ELEMENTS OF POLICY.—The policy required 

18 under subsection (a) shall— 

19 (1) provide a definition of the term ‘‘personal 

20 conflict of interest’’ as it relates to employees of De21 partment of Defense contractors; 

22 (2) identify types of contracts that raise height23 ened concerns for potential personal conflicts of in24 terest; and 


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1 (3) require each contractor that participates in 

2 the Department’s decision-making in such mission3 critical areas as the development, award, and admin4 istration of Government contracts, and each con5 tractor that is closely supporting inherently govern6 mental functions, to— 

7 (A) identify and prevent personal conflicts 

8 of interest for employees of the contractor who 

9 are performing such functions; 

10 (B) report any personal conflict-of-interest 

11 violation to the applicable contracting officer or 

12 contracting officer’s representative as soon as it 

13 is identified; 

14 (C) maintain effective oversight to verify 

15 compliance with personal conflict-of-interest 

16 safeguards; and 

17 (D) have procedures in place to screen for 

18 potential conflicts of interest for all employees 

19 in a position to make or materially influence 

20 findings, recommendations, and decisions re21 garding Department of Defense contracts and 

22 other advisory and assistance functions, either 

23 by screening on a task-by-task basis or on an 

24 annual basis. 


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1 (c) CONTRACT CLAUSE.—The Secretary shall include 

2 in each contract entered into by the Secretary for the per3 formance of functions described in subsection (b)(3) a 

4 clause that reflects the personal conflicts-of-interest policy 

5 developed under this section and that sets forth the con6 tractor’s responsibility under such policy. 

7 (d) PANEL ON CONTRACTING INTEGRITY REC8 OMMENDATIONS.—The Department of Defense Panel on 

9 Contracting Integrity, established by the section 813 of 

10 the John Warner National Defense Authorization Act for 

11 Fiscal Year 2007 (Public Law 109–364), shall consider 

12 and make recommendations on the feasibility of applying 

13 certain procurement integrity rules to employees of De14 partment of Defense contractors to include such rules re15 lated to— 

16 (1) improper business practices and personal 

17 conflicts of interest under Federal Acquisition Regu18 lations 3.104; 

19 (2) public corruption; 

20 (3) financial conflicts of interest; 

21 (4) seeking other employment conflicts of inter22 est; 

23 (5) gifts and travel; and 

24 (6) misuse of position or endorsement. 


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1 SEC. 822. DEVELOPMENT OF GUIDANCE ON PERSONAL 

2 SERVICES CONTRACTS. 

3 Not later than 120 days after the date of the enact4 ment of this Act, the Secretary of Defense shall develop 

5 guidance to— 

6 (1) establish a clear definition of the term ‘‘per7 sonal services contract’’; 

8 (2) require a clear distinction between employ9 ees of the Department of Defense and employees of 

10 Department of Defense contractors; 

11 (3) provide appropriate safeguards with respect 

12 to when, where, and to what extent the Secretary 

13 may enter into a contract for the procurement of 

14 personal services; and 

15 (4) assess and take steps to mitigate the risk 

16 that, as implemented and administered, non-personal 

17 services contracts may become personal services con18 tracts. 

19 SEC. 823. LIMITATION ON PERFORMANCE OF PRODUCT 

20 SUPPORT INTEGRATOR FUNCTIONS. 

21 (a) LIMITATION.— 

22 (1) IN GENERAL.—Chapter 141 of title 10, 

23 United States Code, is amended by adding at the 

24 end the following new section: 


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1 ‘‘§ 2410r. Performance-based logistics arrangements: 

2 limitation on product support integrator 

3 functions 

4 ‘‘(a) LIMITATION.—A function that is a product sup5 port integrator function may be performed only by a mem6 ber of the armed forces or an employee of the Department 

7 of Defense. 

8 ‘‘(b) DEFINITIONS.—In this section: 

9 ‘‘(1) The term ‘product support integrator func10 tion’ means, with respect to a performance-based lo11 gistics arrangement, the function of integrating all 

12 sources of support, both public and private, to 

13 achieve the specific outcomes specified in the ar14 rangement. 

15 ‘‘(2) The term ‘performance-based logistics ar16 rangement’ means a performance-based contract, 

17 task order, or other arrangement for the logistics 

18 support— 

19 ‘‘(A) of a weapon system or major end 

20 item over the life cycle of the system or item; 

21 or 

22 ‘‘(B) of parts, assemblies, subassemblies, 

23 or platforms of a weapon system or major end 

24 item. 


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1 ‘‘(3) The term ‘performance-based’ has the 

2 meaning given such term in section 2331(g) of this 

3 title.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended 

6 by adding after the item relating to section 2410q 

7 the following new item: 

‘‘2410r. Performance-based logistics arrangements: limitation on product support integrator functions.’’. 

8 (b) EFFECTIVE DATE.—Section 2410r of title 10, 

9 United States Code, as added by subsection (a), shall 

10 apply to performance-based logistics arrangements en11 tered into after September 30, 2010. 

12 SEC. 824. PERFORMANCE BY PRIVATE SECURITY CONTRAC13 TORS OF INHERENTLY GOVERNMENTAL 

14 FUNCTIONS IN AN AREA OF COMBAT OPER15 ATIONS. 

16 (a) MODIFICATION OF REGULATIONS.—Not later 

17 than 60 days after the date of the enactment of this Act, 

18 the regulations prescribed by the Secretary of Defense 

19 pursuant to section 862(a) of the National Defense Au20 thorization Act for Fiscal Year 2008 (Public Law 110– 

21 181; 122 Stat. 254; 10 U.S.C. 2302 note) shall be modi22 fied to ensure that private security contractors are not au23 thorized to perform inherently governmental functions in 

24 an area of combat operations. 


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1 (b) GUIDANCE.—After the issuance of regulations to 

2 implement the actions required by section 322 of this Act, 

3 the Secretary of Defense shall issue supplementary guid4 ance to describe functions that should not be performed 

5 by private security contractors because they constitute in6 herently governmental functions. 

7 (c) PERIODIC REVIEW OF PERFORMANCE OF FUNC8 TIONS.— 

9 (1) IN GENERAL.—The Secretary of Defense 

10 shall, in coordination with the heads of other appro11 priate agencies, periodically review the performance 

12 of private security functions in areas of combat op13 erations to ensure that such functions are authorized 

14 and performed in a manner consistent with the re15 quirements of this section. 

16 (2) REPORTS.—Not later than June 1 of each 

17 of 2009, 2010, and 2011, the Secretary shall submit 

18 to the congressional defense committees a report on 

19 the results of the most recent review conducted 

20 under paragraph (1). 


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1 Subtitle D—Defense Industrial 

2 Security 

3 SEC. 831. REQUIREMENTS RELATING TO FACILITY CLEAR4 ANCES. 

5 Chapter 21 of title 10, United States Code, is amend6 ed by adding at the end the following new subchapter: 

7 ‘‘SUBCHAPTER III—DEFENSE INDUSTRIAL 

8 SECURITY 

‘‘Sec. 438. Facility clearances: requirements. 

9 ‘‘§ 438. Facility clearances: requirements 

10 ‘‘(a) FACILITY CLEARANCES: GENERAL PROVI11 SIONS.— 

12 ‘‘(1) ACCESS TO CLASSIFIED INFORMATION BY

13 CONTRACTORS.—A contractor of the Department of 

14 Defense may not be granted custody of classified in15 formation unless the contractor has a facility clear16 ance. 

17 ‘‘(2) REQUIREMENTS FOR ENTITIES WITH FA18 CILITY CLEARANCES.—An entity may not be granted 

19 a facility clearance by the Department of Defense or 

20 continue to hold such a facility clearance unless the 

21 entity agrees to comply with, and maintains compli22 ance with, the requirements set forth in this sub23 chapter. 


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1 ‘‘(3) AUTHORITY TO REVOKE OR SUSPEND FA2 CILITY CLEARANCES.—The Secretary of Defense 

3 may revoke or suspend a facility clearance granted 

4 by the Department of Defense at any time. 

5 ‘‘(b) GENERAL REQUIREMENTS FOR FACILITY

6 CLEARANCES.—The Secretary of Defense shall require an 

7 entity granted a facility clearance by the Department of 

8 Defense to comply with the following requirements: 

9 ‘‘(1) The entity shall safeguard classified infor10 mation in its possession. 

11 ‘‘(2) The entity shall safeguard covered con12 trolled unclassified information in its possession. 

13 ‘‘(3) The entity shall ensure that it complies 

14 with Department of Defense security agreements, 

15 contract provisions regarding security, and relevant 

16 regulations of the Department of Defense pertaining 

17 to industrial security. 

18 ‘‘(4) The entity shall ensure that its business 

19 and management practices do not result in the com20 promise of classified information or adversely affect 

21 the performance of classified contracts. 

22 ‘‘(5) The entity shall undergo a determination 

23 under section 439 of this title of whether the entity 

24 is under foreign ownership control or influence and 

25 shall comply with ongoing notification requirements 


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1 under that section related to foreign ownership and 

2 control. 

3 ‘‘(c) REQUIREMENTS FOR DIRECTORS OF ENTITIES

4 WITH FACILITY CLEARANCES.— 

5 ‘‘(1) REQUIREMENTS.—Except as provided in 

6 paragraph (3), the Secretary of Defense shall re7 quire an entity with a facility clearance to require 

8 the directors on the entity’s board of directors to en9 sure, in their capacity as fiduciaries of the entity, 

10 that the entity employs and maintains policies and 

11 procedures that meet the general requirements for 

12 facility clearances listed in subsection (b). 

13 ‘‘(2) BY-LAWS REQUIREMENT.—The require14 ments of paragraph (1) shall be set forth in the by15 laws of the entity. 

16 ‘‘(3) EXCEPTIONS.—(A) The Secretary of De17 fense may waive the requirements of paragraph (1) 

18 for reasons of national security. In the event the 

19 Secretary grants such a waiver, the Secretary shall 

20 submit to the Committees on Armed Services of the 

21 Senate and the House of Representatives a notifica22 tion that such a waiver has been granted and a jus23 tification for granting the waiver. 

24 ‘‘(B) The requirements of paragraph (1) shall 

25 not apply to an entity determined by the Secretary 


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1 of Defense under section 439(a) of this title to be 

2 under foreign ownership control or influence. 

3 ‘‘(d) REQUIREMENTS RELATING TO SECURITY MAN4 AGEMENT OF ENTITIES WITH FACILITY CLEARANCES.— 

5 ‘‘(1) DESIGNATION OF EMPLOYEE RESPON6 SIBLE FOR SECURITY.—The Secretary of Defense 

7 shall require an entity, in consultation with and sub8 ject to the approval of the chairman of its board of 

9 directors, to designate an employee who meets the 

10 requirements of paragraph (2) to be responsible for 

11 the following: 

12 ‘‘(A) Reporting to the board of directors of 

13 the entity as its principal advisor concerning 

14 the general requirements for facility clearances 

15 listed in subsection (b), the manner in which 

16 they are carried out through the policies and 

17 procedures required by subsection (c), and the 

18 related Federal requirements for classified in19 formation. 

20 ‘‘(B) Supervising and directing security 

21 measures necessary for implementing such re22 quirements, policies, and procedures. 

23 ‘‘(C) Establishing and administering all 

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1 sified information and ensuring that the entity 

2 otherwise complies with the requirements of 

3 Federal export control laws. 

4 ‘‘(2) QUALIFICATIONS OF EMPLOYEE.—An em5 ployee may not be designated to be responsible for 

6 the matters described in paragraph (1) unless the 

7 employee— 

8 ‘‘(A) is a citizen of the United States; 

9 ‘‘(B) obtains a security clearance at the 

10 same level as the facility clearance; and 

11 ‘‘(C) completes security training that 

12 meets the requirements of the Department of 

13 Defense. 

14 ‘‘(e) REQUIREMENTS RELATING TO MANAGEMENT

15 RESPONSIBILITIES FOR ENTITIES WITH FACILITY

16 CLEARANCES.—The Secretary of Defense shall require an 

17 entity with a facility clearance to provide a certification 

18 of security responsibilities to the Secretary. The certifi19 cation of security responsibilities shall— 

20 ‘‘(1) affirm the entity’s responsibility— 

21 ‘‘(A) to identify the key management per22 sonnel of the entity involved in the performance 

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1 ignate a security manager with primary respon2 sibility for security functions; 

3 ‘‘(B) to ensure that such key management 

4 personnel of the entity meet all eligibility re5 quirements for the performance of classified 

6 contracts; 

7 ‘‘(C) to provide such key management per8 sonnel of the entity with all the authority and 

9 capability necessary to safeguard classified in10 formation and covered controlled unclassified 

11 information in the performance of classified 

12 contracts in accordance with regulations pre13 scribed by the Secretary; and 

14 ‘‘(D) to manage all subcontractors and 

15 suppliers of the entity performing work on a 

16 classified contract to ensure that use of such 

17 subcontractors and suppliers does not result in 

18 the compromise of classified information or ad19 versely affect the performance of classified con20 tracts; 

21 ‘‘(2) be signed by an appropriate member of the 

22 board of directors of the entity or a similar executive 

23 body determined by the Secretary to function as an 

24 equivalent to a board of directors; 


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1 ‘‘(3) be disseminated to all appropriate per2 sonnel of the entity; and 

3 ‘‘(4) be updated as necessary according to pro4 cedures proscribed by the Secretary. 

5 ‘‘(f) REPORTING REQUIREMENTS.—The Secretary of 

6 Defense shall require an entity with a facility clearance 

7 to submit to the Department of Defense a report on any 

8 event— 

9 ‘‘(1) that affects the status of the facility clear10 ance; 

11 ‘‘(2) that affects proper safeguarding of classi12 fied information or that indicates classified informa13 tion has been lost or compromised; 

14 ‘‘(3) that affects the entity’s compliance with 

15 Department of Defense security agreements, con16 tract provisions regarding security, and relevant reg17 ulations of the Department of Defense pertaining to 

18 industrial security; or 

19 ‘‘(4) that is related to the entity’s business and 

20 management practices that results in the com21 promise of classified information.’’. 

22 SEC. 832. FOREIGN OWNERSHIP CONTROL OR INFLUENCE. 

23 (a) IN GENERAL.—Subchapter III of chapter 21 of 

24 title 10, United States Code, as added by section 831, is 

25 amended by adding at the end the following new section: 


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1 ‘‘§ 439. Foreign ownership control or influence 

2 ‘‘(a) DETERMINATION OF FOREIGN OWNERSHIP

3 CONTROL OR INFLUENCE.— 

4 ‘‘(1) IN GENERAL.—Before granting a facility 

5 clearance to an entity, and while such entity holds 

6 a facility clearance, the Secretary of Defense shall 

7 determine whether an entity is under foreign owner8 ship control or influence (in this subchapter referred 

9 to as ‘FOCI’). 

10 ‘‘(2) DESCRIPTION OF FOCI.—For purposes of 

11 paragraph (1), the Secretary shall determine an en12 tity to be under FOCI if a foreign interest has the 

13 power, direct or indirect, whether or not exercised, 

14 and whether or not exercisable through the owner15 ship of the entity’s securities, by contractual ar16 rangements or other means, to direct or decide mat17 ters affecting the management or operations of that 

18 entity in a manner that may result in— 

19 ‘‘(A) unauthorized access to classified in20 formation; 

21 ‘‘(B) unauthorized access to covered con22 trolled unclassified information; 

23 ‘‘(C) an adverse effect on the performance 

24 of classified contracts; or 

25 ‘‘(D) an adverse effect on the entity’s com26 pliance with Department of Defense security 


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1 agreements, appropriate contract provisions re2 garding security, and relevant Department reg3 ulations pertaining to industrial security. 

4 ‘‘(b) FOCI FACTORS.— 

5 ‘‘(1) IN GENERAL.—The following factors relat6 ing to an entity, a foreign interest, or a government 

7 of a foreign interest shall be considered by the Sec8 retary of Defense in determining under this section 

9 whether an entity is under foreign ownership control 

10 or influence and the protective measures that may 

11 be required to mitigate the FOCI of the entity: 

12 ‘‘(A) Record of economic and government 

13 espionage against United States targets by the 

14 entity, by any foreign interest in the entity, and 

15 by the government of any such foreign interest. 

16 ‘‘(B) Record of enforcement of covered 

17 controlled unclassified information or engage18 ment in unauthorized technology transfer. 

19 ‘‘(C) The type and sensitivity of the infor20 mation expected to be accessed in performing a 

21 classified contract. 

22 ‘‘(D) The source, nature, and extent of 

23 FOCI, including whether foreign interests hold 

24 a majority or substantial minority position in 

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1 diate, intermediate, and ultimate parent enti2 ties, sister entities, joint ventures, and hedge 

3 funds. 

4 ‘‘(E) Record of compliance with pertinent 

5 United States laws, regulations, and contracts 

6 by the entity, by the foreign interest (if any) in 

7 the entity, and by parent entities, sister enti8 ties, joint ventures, and hedge funds. 

9 ‘‘(F) The nature of any bilateral and mul10 tilateral security and information exchange 

11 agreements that may pertain to the entity, any 

12 foreign interest in the entity, and the govern13 ment of any such foreign interest. 

14 ‘‘(G) Ownership, control, or influence of 

15 the entity, in whole or in part, by a foreign gov16 ernment. 

17 ‘‘(2) MINORITY POSITION.—For purposes of 

18 paragraph (1)(D), a minority position shall be con19 sidered substantial if— 

20 ‘‘(A) it consists of greater than 5 percent 

21 of the ownership interests; 

22 ‘‘(B) it consists of greater than 10 percent 

23 of the voting interest; or 

24 ‘‘(C) the minority position controls a seat 

25 on the entity’s board of directors. 


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1 ‘‘(c) MITIGATION OF FOREIGN OWNERSHIP CONTROL

2 OR INFLUENCE.— 

3 ‘‘(1) PROTECTIVE MEASURES AUTHORIZED FOR

4 MITIGATION OF FOCI.—With respect to any entity 

5 with a facility clearance under FOCI, as determined 

6 under subsection (a), the Secretary of Defense may 

7 impose any security method, safeguard, or restric8 tion the Secretary believes necessary to ensure that 

9 the entity complies with the general requirements for 

10 facility clearances listed in subsection (b) of section 

11 438 of this title. 

12 ‘‘(2) GOVERNMENT SECURITY COMMITTEE RE13 QUIREMENT FOR MITIGATION OF FOCI.— 

14 ‘‘(A) IN GENERAL.—As part of the mitiga15 tion of foreign ownership control or influence of 

16 an entity determined to be under FOCI, the 

17 Secretary of Defense shall require the entity to 

18 establish a permanent committee of the entity’s 

19 board of directors, or equivalent executive body, 

20 to be known as the entity’s ‘Government Secu21 rity Committee’, for purposes of carrying out 

22 the requirements of this paragraph. 

23 ‘‘(B) RESPONSIBILITIES OF GSC.—The re24 sponsibilities of the Government Security Com25 mittee of an entity are to ensure that the entity 


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1 employs and maintains policies and procedures 

2 that ensure that the entity complies with the 

3 general requirements for facility clearances list4 ed in subsection (b) of section 438 of this title. 

5 ‘‘(C) ROLE OF SECURITY MANAGER IN

6 GSC.—The employee of the entity designated 

7 pursuant to section 438(d)(1) as the security 

8 manager shall be the principal advisor to the 

9 Government Security Committee and attend 

10 committee meetings. The chairman of the Gov11 ernment Security Committee must concur with 

12 the appointment and replacement of persons 

13 filling the position of security manager selected 

14 by management of the entity. The functions of 

15 the security manager shall be carried out under 

16 the authority of the Government Security Com17 mittee. 

18 ‘‘(3) RELATIONSHIP TO FACILITY CLEAR19 ANCE.—In the case of an entity with a facility clear20 ance under FOCI, as determined under subsection 

21 (a), the following provisions apply with respect to 

22 the status of the facility clearance of the entity: 

23 ‘‘(A) CONTINUATION IN EFFECT WHILE

24 NEGOTIATING MITIGATION MEASURE.—The fa25 cility clearance of the entity shall continue in 


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1 effect if the entity is negotiating with the Sec2 retary a mitigation measure and the Secretary 

3 determines that there is no indication that clas4 sified information or covered controlled unclas5 sified information is at risk of compromise. 

6 ‘‘(B) INVALIDATION IF NO MITIGATION

7 MEASURE WITHIN SIX MONTHS.—(i) Subject to 

8 subparagraph (C), the Secretary shall invalidate 

9 the facility clearance of the entity if an accept10 able mitigation measure has not been agreed to 

11 by the Secretary and the entity by the end of 

12 the six-month period beginning on the date of 

13 the determination by the Secretary that the en14 tity is under FOCI. 

15 ‘‘(ii) The six-month period described in 

16 clause (i) may be extended for one additional 

17 three-month period upon request by the entity 

18 if the Secretary approves an extension. 

19 ‘‘(C) REVOCATION IF POSSIBILITY OF UN20 AUTHORIZED ACCESS OR ADVERSE EFFECT.— 

21 The Secretary shall revoke the facility clearance 

22 of the entity at any time if, regardless of wheth23 er the entity is negotiating a mitigation meas24 ure with the Secretary, the Secretary deter25 mines that security measures cannot be taken 


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1 to remove the possibility of unauthorized access 

2 or an adverse effect on classified contracts. 

3 ‘‘(d) NOTIFICATION TO DEPARTMENT OF DEFENSE

4 REGARDING CHANGE IN FOCI.—The Secretary of De5 fense shall require an entity to notify the Secretary when 

6 material changes occur to information previously sub7 mitted to the Department of Defense pertaining to the 

8 FOCI factors affecting the entity as soon as such informa9 tion is known to the entity. 

10 ‘‘(e) NOTIFICATION TO DEPARTMENT OF DEFENSE

11 REGARDING MERGERS, ACQUISITIONS, OR TAKEOVERS BY

12 FOREIGN PERSONS.—The Secretary of Defense shall re13 quire that when an entity with a facility clearance enters 

14 into negotiations for a proposed merger, acquisition, or 

15 takeover by a foreign person, the entity shall submit to 

16 the Secretary of Defense a notification of the commence17 ment of such negotiations and a plan to negate the FOCI 

18 resulting from the transaction.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such subchapter is amended by adding 

21 at the end the following new item: 

‘‘Sec. 439. Foreign ownership control or influence.’’. 


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1 SEC. 833. CONGRESSIONAL OVERSIGHT RELATING TO FA2 CILITY CLEARANCES AND FOREIGN OWNER3 SHIP CONTROL OR INFLUENCE; DEFINI4 TIONS. 

5 (a) NOTIFICATIONS AND REPORTS.—Subchapter III 

6 of chapter 21 of title 10, United States Code, as added 

7 by section 831, is further amended by adding at the end 

8 the following new section: 

9 ‘‘§ 440. Notifications and reports 

10 ‘‘(a) NOTIFICATIONS REQUIRED.—The Secretary of 

11 Defense shall submit to the Committees on Armed Serv12 ices of the Senate and the House of Representatives a no13 tification within 30 days after the occurrence of any of 

14 the following: 

15 ‘‘(1) The revocation or suspension by the Sec16 retary of a facility clearance of an entity previously 

17 determined to be under foreign ownership control or 

18 influence. 

19 ‘‘(2) The receipt by the Secretary of a notifica20 tion under section 439(d) from an entity that the 

21 entity has entered into negotiations for a proposed 

22 merger, acquisition, or takeover by a foreign person. 

23 ‘‘(b) BIANNUAL REPORT.—(1) The Secretary of De24 fense shall, not later than September 1, 2009, and bian25 nually thereafter, submit to the Committees on Armed 


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1 Services of the Senate and the House of Representatives 

2 a report containing the following: 

3 ‘‘(A) Specific, cumulative, and, as appropriate, 

4 trend information on the numbers of entities— 

5 ‘‘(i) holding facility clearances; 

6 ‘‘(ii) that have reported a material change 

7 relating to FOCI factors; 

8 ‘‘(iii) that have measures in place to miti9 gate foreign ownership control or influence; or 

10 ‘‘(iv) that have had a facility clearance sus11 pended or revoked. 

12 ‘‘(B) Specific, cumulative, and, as appropriate, 

13 trend information, on— 

14 ‘‘(i) the entities that have filed for or 

15 maintain facility clearances; 

16 ‘‘(ii) the number of such entities deter17 mined to be under foreign ownership control or 

18 influence; 

19 ‘‘(iii) the countries from which such enti20 ties have originated; 

21 ‘‘(iv) the number that went through the 

22 Committee on Foreign Investment in the 

23 United States; and 

24 ‘‘(v) the types of security arrangements 

25 and conditions that the Government Security 


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1 Committees of entities have used to mitigate 

2 foreign ownership control or influence. 

3 ‘‘(C) An analysis of trends in the Industrial Se4 curity Program, including an assessment of the 

5 number and types of errors found in compliance 

6 within the Program. 

7 ‘‘(D) An analysis of the details of companies 

8 that have committed violations of the Industrial Se9 curity Program and the frequency of the violations, 

10 including the number of companies that have com11 mitted recurring violations. 

12 ‘‘(E) A description of the corrective actions, if 

13 any, taken by the Defense Security Service to ad14 dress the violations. 

15 ‘‘(2) The information required under paragraph 

16 (1)(B) shall be organized and set forth separately in the 

17 report by defense sector within the defense industrial base. 

18 ‘‘(3) The report shall be submitted in an unclassified 

19 form, but may contain a classified annex.’’. 

20 (b) DEFINITIONS.—Subchapter III of chapter 21 of 

21 title 10, United States Code, as added by section 831, is 

22 further amended by adding at the end the following new 

23 section: 

24 ‘‘§ 440a. Definitions 

25 ‘‘In this subchapter: 


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1 ‘‘(1) ENTITY.—The term ‘entity’ includes a cor2 poration, company, association, firm, partnership, 

3 society, or joint stock company, but does not include 

4 an individual. 

5 ‘‘(2) FACILITY CLEARANCE.—The term ‘facility 

6 clearance’, with respect to an entity, means an ad7 ministrative determination by the Secretary of De8 fense that the entity is eligible for— 

9 ‘‘(A) access to classified information; or 

10 ‘‘(B) award of a classified contract. 

11 ‘‘(3) CLASSIFIED INFORMATION.—The term 

12 ‘classified information’ means any information that 

13 has been determined pursuant to Executive Order 

14 12958 or any predecessor order to require protection 

15 against unauthorized disclosure and is so designated. 

16 The classifications ‘top secret’, ‘secret’, and ‘con17 fidential’ are used to designate such information. 

18 ‘‘(4) CLASSIFIED CONTRACT.—The term ‘classi19 fied contract’ means any contract requiring access to 

20 classified information by a contractor or the contrac21 tor’s employees in the performance of the contract 

22 or in any phase of precontract activity or post-con23 tract activity. 

24 ‘‘(5) COVERED CONTROLLED UNCLASSIFIED IN25 FORMATION.—The term ‘covered controlled unclassiVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 fied information’ means unclassified information the 

2 export of which— 

3 ‘‘(A) is controlled, in the case of technical 

4 data that is inherently military in nature, by 

5 the International Traffic in Arms Regulations 

6 (ITAR); and 

7 ‘‘(B) is controlled, in the case of technical 

8 data that has both military and commercial 

9 uses, by the Export Administration Regulations 

10 (EAR).’’. 

11 (c) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of such subchapter is amended by adding 

13 at the end the following new items: 

‘‘Sec. 440. Notifications and reports. 

‘‘Sec. 440a. Definitions.’’. 

14 (d) REGULATIONS.—The Secretary of Defense shall 

15 prescribe regulations to carry out subchapter III of chap16 ter 21 of title 10, United States Code, not later than Sep17 tember 1, 2009. 

18 (e) STUDY AND REPORT.— 

19 (1) IN GENERAL.—The Secretary of Defense 

20 shall conduct a study on investments in entities cov21 ered by subchapter III of chapter 21 of title 10, 

22 United States Code, as added by this title. The 

23 study shall examine investments in such entities 

24 by— 


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1 (A) foreign governments; 

2 (B) entities controlled by or acting on be3 half of a foreign government; 

4 (C) persons of foreign countries; and 

5 (D) hedge funds. 

6 (2) REPORT.—Not later than 180 days after 

7 the date of the enactment of this Act, the Secretary 

8 of Defense shall submit to Congress a report on the 

9 results of the study conducted under paragraph (1). 

10 The information in the report shall be organized and 

11 set forth separately by defense sector within the de12 fense industrial base. 

13 Subtitle E—Other Matters 

14 SEC. 841. CLARIFICATION OF STATUS OF GOVERNMENT 

15 RIGHTS IN THE DESIGNS OF DEPARTMENT 

16 OF DEFENSE VESSELS, BOATS, AND CRAFT, 

17 AND COMPONENTS THEREOF. 

18 (a) IN GENERAL.—Chapter 633 of title 10, United 

19 States Code, is amended by adding at the end the fol20 lowing new section: 

21 ‘‘§ 7317. Status of Government rights in the designs of 

22 vessels, boats, and craft, and components 

23 thereof 

24 ‘‘Government rights in the design of a vessel, boat, 

25 or craft, or its components, including the hull, decks, and 


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1 superstructure, shall be determined solely by operation of 

2 section 2320 of this title or by the instrument under which 

3 the design was developed for the Government.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by adding 

6 at the end the following new item: 

‘‘7317. Status of Government rights in the designs of vessels, boats, and craft, 

and components thereof.’’. 

7 SEC. 842. EXPANSION OF AUTHORITY TO RETAIN FEES 

8 FROM LICENSING OF INTELLECTUAL PROP9 ERTY. 

10 Section 2260 of title 10, United States Code, is 

11 amended— 

12 (1) in subsection (a), by inserting ‘‘or the Sec13 retary of Homeland Security’’ after ‘‘Secretary of 

14 Defense’’; and 

15 (2) in subsection (f)— 

16 (A) by striking ‘‘(f) DEFINITIONS.—In this 

17 section, the’’ and inserting the following: 

18 ‘‘(f) DEFINITIONS.—In this section: 

19 ‘‘(1) The’’; and 

20 (B) by adding at the end the following new 

21 paragraph: 

22 ‘‘(2) The term ‘Secretary concerned’ has the 

23 meaning provided in section 101(a)(9) of this title 

24 and also includes— 


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1 ‘‘(A) the Secretary of Defense, with respect 

2 to matters concerning the Defense Agencies and 

3 Department of Defense Field Activities; and 

4 ‘‘(B) the Secretary of Homeland Security, 

5 with respect to matters concerning the Coast 

6 Guard when it is not operating as a service in 

7 the Department of the Navy.’’. 

8 SEC. 843. TRANSFER OF SECTIONS OF TITLE 10 RELATING 

9 TO MILESTONE A AND MILESTONE B FOR 

10 CLARITY. 

11 (a) REVERSAL OF ORDER OF SECTIONS.—Section 

12 2366b of title 10, United States Code, is transferred so 

13 as to appear before section 2366a of such title. 

14 (b) REDESIGNATION OF SECTIONS.—Section 2366b 

15 (relating to Milestone A) and section 2366a (relating to 

16 Milestone B) of such title, as so transferred, are redesig17 nated as sections 2366a and 2366b, respectively. 

18 (c) TECHNICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 139 of title 10, United States 

20 Code, is amended by striking the items relating sections 

21 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.’’. 

22 (d) CONFORMING AMENDMENTS.— 


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1 (1) SECTION 181 OF TITLE 10, UNITED STATES

2 CODE.—Section 181(b)(4) of title 10, United States 

3 Code, is amended by striking ‘‘section 2366a(a)(4), 

4 section 2366b(b),’’ and inserting ‘‘section 2366a(b), 

5 section 2366b(a)(4),’’. 

6 (2) NATIONAL DEFENSE AUTHORIZATION ACT

7 FOR FISCAL YEAR 2008.—The National Defense Au8 thorization Act for Fiscal Year 2008 (Public Law 

9 110–181) is amended— 

10 (A) in section 212(1) by striking ‘‘2366a’’ 

11 and inserting ‘‘2366b’’; and 

12 (B) in section 816— 

13 (i) in subsection (a)(2) by striking 

14 ‘‘2366a’’ and inserting ‘‘2366b’’; 

15 (ii) in subsection (a)(3) by striking 

16 ‘‘2366b of title 10, United States Code, as 

17 added by section 943 of this Act’’ and in18 serting ‘‘2366a of title 10, United States 

19 Code’’; and 

20 (iii) in subsection (c)(2) by striking 

21 ‘‘2366a’’ each place such term appears (in22 cluding in the paragraph heading) and in23 serting ‘‘2366b’’. 

24 (3) JOHN WARNER NATIONAL DEFENSE AU25 THORIZATION ACT FOR FISCAL YEAR 2007.—The 


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1 John Warner National Defense Authorization Act 

2 for Fiscal Year 2007 (Public Law 109–364) is 

3 amended in section 812 (120 Stat. 2317), in each of 

4 subsections (c)(2)(A) and (d)(2), by striking 

5 ‘‘2366a’’ and inserting ‘‘2366b’’. 

6 SEC. 844. EARNED VALUE MANAGEMENT STUDY AND RE7 PORT. 

8 (a) STUDY.—The Secretary of Defense shall conduct 

9 a study that— 

10 (1) assesses weaknesses in earned value man11 agement implementation, including a review of the 

12 methodology, accuracy of data, training, and infor13 mation technology systems used to develop earned 

14 value management data; 

15 (2) audits the accuracy of the earned value 

16 management data provided by vendors to the Fed17 eral Government concerning acquisition categories I 

18 and II programs; and 

19 (3) measures the success of utilizing earned 

20 value management to deliver program objectives. 

21 (b) REPORT.—Not later than 180 days after the date 

22 of the enactment of this Act, the Secretary of Defense 

23 shall submit to the appropriate committees a report that— 


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1 (1) identifies recommendations for improving 

2 the implementation of earned value management, in3 cluding alternatives; and 

4 (2) contains the findings of the study conducted 

5 under subsection (a). 

6 (c) DEFINITIONS.—In this section: 

7 (1) APPROPRIATE COMMITTEES.—The term 

8 ‘‘appropriate committees’’ means the Committee on 

9 Armed Services of the Senate and the Committee on 

10 Armed Services of the House of Representatives. 

11 (2) EARNED VALUE MANAGEMENT.—The term 

12 ‘‘earned value management’’ has the meaning given 

13 that term in section 300 of part 7 of Office of Man14 agement and Budget Circular A–11. 

15 SEC. 845. REPORT ON MARKET RESEARCH. 

16 (a) REPORT REQUIRED.—Not later than October 1, 

17 2009, the Secretary of Defense shall submit to the Com18 mittees on Armed Services of the Senate and the House 

19 of Representatives a report on the market research con20 ducted by the Secretary in implementing section 2377 of 

21 title 10, United States Code. 

22 (b) SAMPLE EXAMINED.—For purposes of the report, 

23 the Secretary shall examine a representative sample of 

24 contracts and task or delivery orders, each of which— 


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1 (1) is for an amount in excess of $5,000,000; 

2 and 

3 (2) is for the acquisition of a mission critical or 

4 a complex military system in which computer soft5 ware is a component or subcomponent. 

6 (c) MATTERS COVERED.—The report shall contain 

7 the following: 

8 (1) A statement of the total number of con9 tracts and task or delivery orders awarded in fiscal 

10 year 2007 for a mission critical or complex military 

11 system in which software is a component or sub12 component. 

13 (2) A statement of the number of contracts and 

14 task or delivery orders in the sample examined for 

15 purposes of the report (as described in subsection 

16 (b)), and a description of those contracts and orders. 

17 (3) For the sampled contracts and orders, a de18 scription of how often market research was per19 formed on the sampled contracts and orders. 

20 (4) For the sampled contracts and orders, a de21 scription of whether a Government employee or a 

22 contractor employee performed the market research 

23 and how the market research was performed. 

24 (5) For the sampled contracts and orders, an 

25 identification of— 


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1 (A) instances when the market research 

2 identified software that was available as a com3 mercial item and that could be used to meet the 

4 Government’s requirements; 

5 (B) instances when the software was modi6 fied or proposed to be modified to meet the De7 partment’s requirements; or 

8 (C) instances when the Department’s re9 quirements were modified to meet the capability 

10 of the commercial item software. 

11 (6) An identification of the training tools the 

12 Secretary of Defense has developed to assist con13 tracting officials in performing market research. 

14 (7) An identification of actions the Department 

15 of Defense intends to take to further implement sec16 tion 2377 of title 10, United States Code, and sec17 tion 826(b) of the National Defense Authorization 

18 Act for Fiscal year 2007 (Public Law 110–181; 10 

19 U.S.C. 2377 note), including dissemination of best 

20 practices and corrective actions where necessary. 

21 SEC. 846. SYSTEM DEVELOPMENT AND DEMONSTRATION 

22 BENCHMARK REPORT. 

23 (a) SYSTEM DEVELOPMENT AND DEMONSTRATION

24 BENCHMARK REPORT.— 


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1 (1) BENCHMARK REPORT REQUIRED.—The Sec2 retary of a military department shall submit a sys3 tem development and demonstration benchmark re4 port as an annex to the baseline description required 

5 in section 2435 of title 10, United States Code, for 

6 each major defense acquisition program identified in 

7 subsection (b). Such a system development and dem8 onstration benchmark report shall be based upon the 

9 most recent contractor proposal, the capabilities de10 velopment document, and the systems requirements 

11 document approved prior to Milestone B approval 

12 and shall include the following information: 

13 (A) The key performance parameters and 

14 technical requirements identified in the capabili15 ties development document and systems require16 ments document. 

17 (B) A detailed description of performance 

18 capabilities proposed by the contractor, matched 

19 to the capabilities and requirements in the ca20 pabilities development document and systems 

21 requirements document. 

22 (C) A target cost for system development 

23 and demonstration, excluding incentive or 

24 award fees and including both government and 

25 non-government costs. 


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1 (D) A detailed outline of negotiated con2 tract incentive or award fees. 

3 (E) A detailed outline of contract ceiling 

4 price, target cost, target profit, and contract 

5 share line. 

6 (F) A schedule of key events. 

7 (G) An identification of critical tech8 nologies and associated technology readiness 

9 levels estimated for each upon both the initi10 ation and the conclusion of system development 

11 and demonstration. 

12 (H) Estimated percentage completion of 

13 detail design at each scheduled design readiness 

14 review and the scheduled Milestone C approval 

15 date. 

16 (I) A discussion of development risk and 

17 concurrency within the program. 

18 (J) Any other factors that the milestone 

19 decision authority considers relevant. 

20 (2) TIMELINE FOR SUBMISSION OF BENCHMARK

21 REPORT.—A system development and demonstration 

22 benchmark report for a major defense acquisition 

23 program identified in subsection (b) shall be sub24 mitted to the congressional defense committees and 

25 prepared under this section— 


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1 (A) not later than 30 days after the date 

2 of the enactment of this Act, if the Department 

3 of Defense has entered into a contract for sys4 tem development and demonstration for such a 

5 major defense acquisition program prior to the 

6 date of enactment of this Act; or 

7 (B) in accordance with the requirements 

8 for the establishment of a baseline description 

9 required by section 2435 of title 10, United 

10 States Code, in any other case. 

11 (3) ALTERATIONS.—No alterations or revisions 

12 may be made to a system development and dem13 onstration benchmark report after the first such re14 port is prepared in accordance with paragraph (2). 

15 (b) MAJOR DEFENSE ACQUISITION PROGRAMS IN16 CLUDED.—For the purposes of this section, the major de17 fense acquisition programs to be included in the pilot pro18 gram are the following: 

19 (1) BAMS, broad area maritime surveillance 

20 unmanned aerial vehicle. 

21 (2) CSAR–X, combat search and rescue heli22 copter. 

23 (3) JLTV, joint light tactical vehicle. 

24 (4) KC–45A, aerial refueling tanker. 


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1 (5) VH–71, presidential helicopter, increment 

2 II. 

3 (6) Warrior-Alpha, unmanned aerial vehicle. 

4 (c) SYSTEM DEVELOPMENT AND DEMONSTRATION

5 CHANGES.—The Under Secretary of Defense for Acquisi6 tion, Technology, and Logistics shall establish a Configu7 ration Steering Board for each major defense acquisition 

8 program identified in subsection (b). The Board shall 

9 oversee any proposed alteration to the requirements or to 

10 the proposed technical configuration for such a major de11 fense acquisition program during system development and 

12 demonstration. If such an alteration would increase the 

13 cost to the Government, extend the schedule by more than 

14 30 days, or alter the proposed performance capabilities, 

15 as established in the system development and demonstra16 tion baseline required by subsection (a), the Configuration 

17 Steering Board shall not approve the alteration until— 

18 (1) the chair of the Configuration Steering 

19 Board has submitted to the congressional defense 

20 committees a written description of the alteration 

21 and an explanation of the rationale for the alter22 ation; and 

23 (2) not less than 15 days have expired since the 

24 date of submission of such description and expla25 nation to those committees. 


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1 (d) ADDITIONAL REPORTING REQUIREMENTS.— 

2 (1) IN GENERAL.—The Secretary of a military 

3 department shall submit a semi-annual contract per4 formance assessment report to the milestone decision 

5 authority and to the congressional defense commit6 tees on each major defense acquisition program 

7 identified in subsection (b). The report shall be in 

8 unclassified form, but may have a classified annex or 

9 an annex that is restricted to protect source selec10 tion, business-sensitive, or proprietary information. 

11 (2) CONTENTS.—Each such report shall de12 scribe contract execution regarding contract cost 

13 performance, schedule performance, and incentive or 

14 award fee reviews and outlays, and an estimated 

15 cost at completion of the end item compared to the 

16 system development and demonstration benchmark 

17 report required in subsection (a)(1). 

18 (3) FIRST REPORT.—The first such report shall 

19 be submitted not later than 180 days after— 

20 (A) system design and development con21 tract award; or 

22 (B) after enactment of this Act in the case 

23 of a system design and development contract 

24 that was awarded before the date of the enact25 ment of this Act. 


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1 (4) TERMINATION OF REPORTING REQUIRE2 MENT.—The reporting requirement shall terminate 

3 upon a full rate production decision for each major 

4 defense acquisition program identified in subsection 

5 (b). 

6 (e) PROHIBITION ON MILESTONE C APPROVAL.—(1) 

7 Except as provided in paragraph (2), the Milestone C ap8 proval shall not be granted if the milestone decision au9 thority determines, on the basis of a report submitted pur10 suant to subsection (d), or has other reason to believe, 

11 that— 

12 (A) the cost (including any increase for ex13 pected inflation or currency exchange rates) for 

14 system development and demonstration has in15 creased by more than 25 percent over the sys16 tem development and demonstration baseline 

17 established in (a)(1), or 

18 (B) the schedule for key events is delayed 

19 by more than 15 percent of the total number of 

20 months between the award of the system devel21 opment and demonstration contract and the 

22 scheduled Milestone C approval date, as pro23 vided in the system development and dem24 onstration baseline established in subsection 

25 (a)(1). 


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1 (2) The Under Secretary of Defense for Acqui2 sition, Technology, and Logistics may waive the pro3 hibition in paragraph (1) upon certification to the 

4 congressional defense committees, along with sup5 porting rationale, that proceeding to low rate initial 

6 production is in the best interest of the Department 

7 of Defense. 

8 (f) DEFINITIONS.—In this section: 

9 (1) CONFIGURATION STEERING BOARD.—The 

10 term ‘‘Configuration Steering Board’’ means the 

11 committee described in the memorandum regarding 

12 Configuration Steering Boards from the Under Sec13 retary of Defense for Acquisition, Technology, and 

14 Logistics dated July 30, 2007, for the secretaries of 

15 the military departments, Chairman of the Joint 

16 Chiefs of Staff, Under Secretaries of Defense, and 

17 Commander, U.S. Special Operations Command. 

18 (2) MILESTONE B APPROVAL.—The term ‘‘Mile19 stone B approval’’ has the meaning provided in sec20 tion 2366(e)(7) of title 10, United States Code. 

21 (3) MILESTONE C APPROVAL.—The term ‘‘Mile22 stone C approval’’ has the meaning provided in sec23 tion 2366(e)(8) of title 10, United States Code. 

24 (4) MAJOR DEFENSE ACQUISITION PROGRAM.— 

25 The term ‘‘major defense acquisition program’’ has 


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1 the meaning provided in section 2430 of title 10, 

2 United States Code. 

3 SEC. 847. ADDITIONAL MATTERS REQUIRED TO BE RE4 PORTED BY CONTRACTORS PERFORMING SE5 CURITY FUNCTIONS IN AREAS OF COMBAT 

6 OPERATIONS. 

7 Section 862(a)(2)(D) of the National Defense Au8 thorization Act for Fiscal Year 2008 (Public Law 110– 

9 181) is amended— 

10 (1) by striking ‘‘or’’ at the end of clause (ii); 

11 and 

12 (2) by adding at the end the following new 

13 clauses: 

14 ‘‘(iv) a weapon is discharged against 

15 personnel performing private security func16 tions in an area of combat operations or 

17 personnel performing such functions be18 lieve a weapon was so discharged; or 

19 ‘‘(v) active, non-lethal counter20 measures (other than the discharge of a 

21 weapon) are employed by the personnel 

22 performing private security functions in an 

23 area of combat operations in response to a 

24 perceived immediate threat to such per25 sonnel;’’. 


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1 SEC. 848. REPORT RELATING TO MUNITIONS. 

2 Not later than March 1, 2009, the Secretary of De3 fense shall submit to the congressional defense committees 

4 a report detailing how 60mm and 81mm munitions used 

5 by the Armed Forces are procured, including, where rel6 evant, an explanation of the decision to procure such mu7 nitions from non-domestic sources and the justification for 

8 awarding contracts to non-domestic sources. The report 

9 shall also include a plan to develop a domestic producer 

10 as the source for 60mm and 81mm munitions used by the 

11 Armed Forces by 2012. 

12 SEC. 849. ADDITIONAL CONTRACTOR REQUIREMENTS AND 

13 RESPONSIBILITIES RELATING TO ALLEGED 

14 CRIMES BY OR AGAINST CONTRACTOR PER15 SONNEL IN IRAQ AND AFGHANISTAN. 

16 (a) REQUIREMENTS FOR DEFENSE CONTRACTORS.— 

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

18 the date of the enactment of this Act, the Secretary 

19 of Defense shall develop requirements relating to 

20 covered offenses allegedly perpetrated by or against 

21 contractor personnel in the case of defense contrac22 tors performing covered contracts. 

23 (2) SPECIFIC MATTERS COVERED.—The re24 quirements developed under paragraph (1) shall in25 clude the following: 


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1 (A) REPORTING REQUIREMENT.—A re2 quirement for defense contractors to report, in 

3 a manner prescribed by the Secretary of De4 fense, covered offenses allegedly perpetrated by 

5 or against contractor personnel. 

6 (B) ASSISTANCE.—A requirement for de7 fense contractors to provide for victim and wit8 ness safety, medical assistance, and psycho9 logical assistance in the case of a covered of10 fense. The Secretary of Defense shall prescribe 

11 regulations to carry out this subparagraph, and 

12 the regulations shall be in accordance with reg13 ulations of the Department of Defense relating 

14 to restricted reporting for sexual assaults. 

15 (C) INFORMATION.—A requirement that 

16 the contractor provide to all contractor per17 sonnel who will perform work on the contract, 

18 before beginning such work, information on the 

19 following: 

20 (i) How and where to report an al21 leged covered offense. 

22 (ii) Where to seek the assistance re23 quired by subparagraph (B). 

24 (3) IMPLEMENTATION AS CONDITION OF CUR25 RENT AND FUTURE CONTRACTS.— 


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1 (A) CURRENT CONTRACTS.—With respect 

2 to any covered contract in effect on the date of 

3 the enactment of this Act, the contract shall be 

4 modified to include the requirements under 

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

6 (B) FUTURE CONTRACTS.—With respect to 

7 any covered contract entered into by the De8 partment of Defense after the date of the en9 actment of this Act, the requirements developed 

10 under paragraph (1) shall be included as a con11 dition of the covered contract. 

12 (b) GOVERNMENT REQUIREMENTS.—Beginning not 

13 later than 180 days after the date of the enactment of 

14 this Act, the Secretary of Defense shall make publicly 

15 available a numerical accounting of alleged covered of16 fenses reported under this section. The information shall 

17 be updated no less frequently than quarterly. 

18 (c) DEFINITIONS.—In this section: 

19 (1) COVERED CONTRACT.—The term ‘‘covered 

20 contract’’— 

21 (A) means a contract with the Department 

22 of Defense performed— 

23 (i) in Iraq or Afghanistan; or 


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1 (ii) in any area designated by the Sec2 retary as being in support of the United 

3 States mission in Iraq or Afghanistan; and 

4 (B) includes— 

5 (i) any subcontract at any tier under 

6 the contract; and 

7 (ii) any task order or delivery order 

8 issued under the contract or such a sub9 contract. 

10 (2) COVERED OFFENSE.—The term ‘‘covered 

11 offense’’, with respect to a covered contract, means 

12 an offense under chapter 212 of title 18, United 

13 States Code— 

14 (A) that is a crime of violence (as defined 

15 in section 16 of such title 18); and 

16 (B) that is committed— 

17 (i) by or against contractor personnel; 

18 and 

19 (ii) in geographic areas where the cov20 ered contract is performed. 

21 (3) CONTRACTOR PERSONNEL.—The term 

22 ‘‘contractor personnel’’ means any person per23 forming work under a covered contract, including in24 dividuals and subcontractors at any tier. 


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1 SEC. 850. REQUIREMENT FOR DEPARTMENT OF DEFENSE 

2 TO ADOPT AN ACQUISITION STRATEGY FOR 

3 DEFENSE BASE ACT INSURANCE. 

4 (a) IN GENERAL.—The Secretary of Defense shall 

5 adopt an acquisition strategy for insurance required by the 

6 Defense Base Act (42 U.S.C. 1651 et seq.) which mini7 mizes the cost of such insurance to the Department of De8 fense. 

9 (b) CRITERIA.—The Secretary shall ensure that the 

10 acquisition strategy adopted pursuant to subsection (a) 

11 addresses the following criteria: 

12 (1) Minimize overhead costs associated with ob13 taining such insurance, such as direct or indirect 

14 costs for contract management and contract admin15 istration. 

16 (2) Minimize costs for coverage of such insur17 ance consistent with realistic assumptions regarding 

18 the likelihood of incurred claims by contractors of 

19 the Department. 

20 (3) Provide for a correlation of premiums paid 

21 in relation to claims incurred that is modeled on best 

22 practices in government and industry for similar 

23 kinds of insurance. 

24 (4) Provide for a low level of risk to the De25 partment. 


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1 (5) Provide for a competitive marketplace for 

2 insurance required by the Defense Base Act to the 

3 maximum extent practicable. 

4 (c) OPTIONS.—In adopting the acquisition strategy 

5 pursuant to subsection (a), the Secretary shall consider 

6 the following options: 

7 (1) Entering into a single Defense Base Act in8 surance contract for the Department of Defense. 

9 (2) Entering into a single Defense Base Act in10 surance contract for contracts involving performance 

11 in theaters of combat operations. 

12 (3) Entering into a contract vehicle, such as a 

13 multiple award contract, that provides for competi14 tion among contractors for categories of insurance 

15 coverage, such as construction, aviation, security, 

16 and other categories of insurance. 

17 (4) Using a retrospective rating approach to 

18 Defense Base Act insurance that adjusts rates ac19 cording to actual claims incurred on a cost reim20 bursement basis. 

21 (5) Adopting a self-insurance approach to De22 fense Base Act insurance for Department of Defense 

23 contracts. 


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1 (6) Such other options as the Secretary deems 

2 to best satisfy the criteria identified under sub3 section (b). 

4 (d) REPORT.—(1) Not later than 180 days after the 

5 date of enactment of this Act, the Secretary shall submit 

6 to the Committees on Armed Services of the Senate and 

7 the House of Representatives, the Committee on Home8 land Security and Governmental Affairs of the Senate, 

9 and the Committee on Oversight and Government Reform 

10 of the House of Representatives a report on the acquisi11 tion strategy adopted pursuant to subsection (a). 

12 (2) The report shall include a discussion of each of 

13 the options considered pursuant to subsection (c) and the 

14 extent to which each option addresses the criteria identi15 fied under subsection (b), and shall include a plan to im16 plement within 18 months after the date of enactment of 

17 this Act the acquisition strategy adopted by the Secretary. 

18 (e) REVIEW OF ACQUISITION STRATEGY.—As consid19 ered appropriate by the Secretary, but not less often than 

20 once every 3 years, the Secretary shall review and, as nec21 essary, update the acquisition strategy adopted pursuant 

22 to subsection (a) to ensure that it best addresses the cri23 teria identified under subsection (b). 


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1 SEC. 851. MOTOR CARRIER FUEL SURCHARGES. 

2 (a) PASS THROUGH AND DISCLOSURE.—Chapter 157 

3 of title 10, United States Code, is amended by adding at 

4 the end the following new section: 

5 ‘‘§ 2652. Motor carrier fuel surcharges 

6 ‘‘(a) PASS THROUGH TO COST BEARER.—In all car7 riage contracts in which a fuel-related adjustment is pro8 vided for, the Secretary of Defense shall require that a 

9 motor carrier, broker, or freight forwarder providing or 

10 arranging truck transportation or service using fuel for 

11 which it does not bear the cost pay to the person who 

12 bears the cost of such fuel the amount of all charges that 

13 relate to the cost of fuel that were invoiced or otherwise 

14 presented to the person responsible directly to the motor 

15 carrier, broker, or freight forwarder for payment for the 

16 transportation or service. 

17 ‘‘(b) DISCLOSURE.—The Secretary shall require in a 

18 contract described in subsection (a) that a motor carrier, 

19 broker, or freight forwarder providing or arranging trans20 portation or service using fuel not paid for by it disclose 

21 any fuel-related adjustment by making the amount of the 

22 adjustment publicly available, including on the Internet. 

23 ‘‘(c) REGULATIONS.—The Secretary shall prescribe 

24 regulations to ensure contracts described in subsection (a) 

25 include measures necessary to ensure enforcement of this 

26 section.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended by add3 ing at the end the following: new item: 

‘‘Sec. 2652. Motor carrier fuel surcharges.’’. 

4 SEC. 852. REQUIREMENT FOR DEFENSE CONTRACT CLAUSE 

5 PROHIBITING CERTAIN USES OF FOREIGN 

6 SHELL COMPANIES. 

7 (a) CONTRACT CLAUSE REQUIREMENT.—Not later 

8 than 180 days after the date of the enactment of this Act, 

9 the Federal Acquisition Regulation shall be revised to re10 quire each contract awarded by the Department of De11 fense to contain a clause prohibiting the contractor from 

12 performing the contract using a subsidiary or subcon13 tractor that is a foreign shell company if the foreign shell 

14 company will perform the work of the contract or sub15 contract using United States citizens or permanent resi16 dents of the United States. 

17 (b) FOREIGN SHELL COMPANY.—In this section, the 

18 term ‘‘foreign shell company’’ means an entity— 

19 (1) that is incorporated outside the United 

20 States or Canada; and 

21 (2) that does not manage, direct, or exercise 

22 operational control over personnel performing work 

23 under a contract of the entity. 

24 (c) APPLICABILITY.—The contract clause required by 

25 this section shall apply to contracts in amounts greater 


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1 than the simplified acquisition threshold (as defined in 

2 section 2302a of title 10, United States Code) entered into 

3 after the 210-day period beginning on the date of the en4 actment of this Act. 

5 TITLE IX—DEPARTMENT OF DE6 FENSE ORGANIZATION AND 

7 MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Revisions in functions and activities of special operations command. 

Sec. 902. Requirement to designate officials for irregular warfare. 

Sec. 903. Plan required for personnel management of special operations forces. 

Sec. 904. Director of Operational Energy Plans and Programs. 

Sec. 905. Corrosion control and prevention executives for the military departments. 

Sec. 906. Alignment of Deputy Chief Management Officer responsibilities. 

Sec. 907. Requirement for the Secretary of Defense to prepare a strategic plan 

to enhance the role of the National Guard and Reserves. 

Sec. 908. Redesignation of the Department of the Navy as the Department of 

the Navy and Marine Corps. 

Sec. 909. Support to Committee review. 

Subtitle B—Space Activities 

Sec. 911. Extension of authority for pilot program for provision of space surveillance network services to non-United States Government 

entities. 

Sec. 912. Investment and acquisition strategy for commercial satellite capabilities. 

Subtitle C—Chemical Demilitarization Program 

Sec. 921. Chemical Demilitarization Citizens Advisory Commissions in Colorado 

and Kentucky. 

Sec. 922. Prohibition on transport 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. 


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Subtitle E—Other Matters 

Sec. 941. Department of Defense School of Nursing revisions. 

Sec. 942. Amendments of authority for regional centers for security studies. 

Sec. 943. Findings and Sense of Congress regarding the Western Hemisphere 

Institute for Security Cooperation. 

Sec. 944. Restriction on obligation of funds for United States Southern Command development assistance activities. 

Sec. 945. Authorization of non-conventional assisted recovery capabilities. 

Sec. 946. Report on United States Northern Command development of interagency plans and command and control relationships. 

Sec. 947. Report on National Guard resource requirements. 

1 Subtitle A—Department of Defense 

2 Management 

3 SEC. 901. REVISIONS IN FUNCTIONS AND ACTIVITIES OF 

4 SPECIAL OPERATIONS COMMAND. 

5 Subsection (j) of section 167 of title 10, United 

6 States Code, is amended to read as follows: 

7 ‘‘(j) SPECIAL OPERATIONS ACTIVITIES.—For pur8 poses of this section, special operations activities include 

9 each of the following insofar as it relates to special oper10 ations: 

11 ‘‘(1) Unconventional warfare. 

12 ‘‘(2) Irregular warfare. 

13 ‘‘(3) Counterterrorism. 

14 ‘‘(4) Counterinsurgency. 

15 ‘‘(5) Counterproliferation of weapons of mass 

16 destruction. 

17 ‘‘(6) Direct action. 

18 ‘‘(7) Strategic reconnaissance. 

19 ‘‘(8) Foreign internal defense. 

20 ‘‘(9) Civil-military defense. 


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1 ‘‘(10) Psychological and information operations. 

2 ‘‘(11) Humanitarian assistance. 

3 ‘‘(12) Theater search and rescue. 

4 ‘‘(13) Such other activities as may be specified 

5 by the President or the Secretary of Defense.’’. 

6 SEC. 902. REQUIREMENT TO DESIGNATE OFFICIALS FOR IR7 REGULAR WARFARE. 

8 The Secretary of Defense shall designate— 

9 (1) a single executive agent for irregular war10 fare within the Department of Defense; and 

11 (2) an Assistant Secretary of Defense to be re12 sponsible for overall management and coordination 

13 of irregular warfare. 

14 SEC. 903. PLAN REQUIRED FOR PERSONNEL MANAGEMENT 

15 OF SPECIAL OPERATIONS FORCES. 

16 (a) REQUIREMENT FOR PLAN.—Not later than 30 

17 days after the date of the enactment of this Act, the com18 mander of the special operations command shall submit 

19 to the congressional defense committees a plan relating 

20 to personnel management of special operations forces. 

21 (b) MATTERS COVERED.—The plan submitted under 

22 subsection (a) shall address the following: 

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1 ment and improve overall readiness of special oper2 ations forces. 

3 (2) Coordination by the commander of the spe4 cial operations command with the Secretaries of the 

5 military departments in order to better execute his 

6 responsibility to maintain readiness of special oper7 ations forces, including in the areas of accessions, 

8 assignments, compensation, promotions, professional 

9 development, retention, sustainment, and training. 

10 SEC. 904. DIRECTOR OF OPERATIONAL ENERGY PLANS AND 

11 PROGRAMS. 

12 (a) ESTABLISHMENT OF POSITION; DUTIES.—Chap13 ter 4 of title 10, United States Code, is amended by insert14 ing after section 139a the following new section: 

15 ‘‘§ 139b. Director of Operational Energy Plans and 

16 Programs 

17 ‘‘(a) APPOINTMENT.—There is a Director of Oper18 ational Energy Plans and Programs in the Department 

19 of Defense (in this section referred to as the ‘Director’), 

20 appointed by the President, by and with the advice and 

21 consent of the Senate. The Director shall be appointed 

22 without regard to political affiliation and solely on the 

23 basis of fitness to perform the duties of the office of Direc24 tor. 

25 ‘‘(b) DUTIES.—The Director shall— 


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1 ‘‘(1) provide leadership and facilitate commu2 nication regarding, and conduct oversight to manage 

3 and be accountable for, operational energy plans and 

4 programs within the Department of Defense and the 

5 Army, Navy, Air Force, and Marine Corps; 

6 ‘‘(2) establish the operational energy strategy; 

7 ‘‘(3) coordinate and oversee planning and pro8 gram activities of the Department of Defense and 

9 the Army, Navy, Air Force, and the Marine Corps 

10 related to— 

11 ‘‘(A) implementation of the operational en12 ergy strategy; 

13 ‘‘(B) the consideration of operational en14 ergy demands in defense planning, require15 ments, and acquisition processes; and 

16 ‘‘(C) research and development invest17 ments related to operational energy demand 

18 and supply technologies; and 

19 ‘‘(4) monitor and review all operational energy 

20 initiatives in the Department of Defense. 

21 ‘‘(c) PRINCIPAL ADVISOR FOR OPERATIONAL EN22 ERGY PLANS AND PROGRAMS.—(1) The Director is the 

23 principal adviser to the Secretary of Defense and the Dep24 uty Secretary of Defense regarding operational energy 

25 plans and programs and the principal policy official within 


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1 the senior management of the Department of Defense re2 garding operational energy plans and programs. 

3 ‘‘(2) The Director may communicate views on mat4 ters related to operational energy plans and programs and 

5 the energy strategy required by subsection (d) directly to 

6 the Secretary of Defense and the Deputy Secretary of De7 fense without obtaining the approval or concurrence of any 

8 other official within the Department of Defense. 

9 ‘‘(d) OPERATIONAL ENERGY STRATEGY.—(1) The 

10 Director shall be responsible for the establishment and 

11 maintenance of a department-wide transformational strat12 egy for operational energy. The strategy shall establish 

13 near-term, mid-term, and long-term goals, performance 

14 metrics to measure progress in meeting the goals, and a 

15 plan for implementation of the strategy within the military 

16 departments, the Office of the Secretary of Defense, and 

17 Defense Agencies. 

18 ‘‘(2) Not later than 90 days after the date on which 

19 the Director is first appointed, the Secretary of each of 

20 the military departments shall designate a senior official 

21 within each armed force under the jurisdiction of the Sec22 retary who will be responsible for operational energy plans 

23 and programs for that armed force. The officials shall be 

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1 menting initiatives pursuant to the strategy with regard 

2 to that official’s armed force. 

3 ‘‘(3) By authority of the Secretary of Defense, the 

4 Director shall prescribe policies and procedures for the im5 plementation of the strategy. The Director shall provide 

6 guidance to, and consult with, the Secretary of Defense, 

7 the Deputy Secretary of Defense, the Secretaries of the 

8 military departments, and the officials designated under 

9 paragraph (2) with respect to specific operational energy 

10 plans and programs to be carried out pursuant to the 

11 strategy. 

12 ‘‘(4) The initial strategy shall be submitted to the 

13 congressional defense committees not later than 180 days 

14 after the date on which the Director is first appointed. 

15 Subsequent updates to the strategy shall be submitted to 

16 the congressional defense committees as soon as prac17 ticable after the modifications to the strategy are made. 

18 ‘‘(e) BUDGETARY AND FINANCIAL MATTERS.—(1) 

19 The Director shall review and make recommendations to 

20 the Secretary of Defense regarding all budgetary and fi21 nancial matters relating to the operational energy strat22 egy. 

23 ‘‘(2) The Secretary of Defense shall require that the 

24 Secretary of each military department and the head of 

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1 tivities associated with the strategy transmit their pro2 posed budget for those activities for a fiscal year to the 

3 Director for review before submission of the proposed 

4 budget to the Under Secretary of Defense (Comptroller). 

5 ‘‘(3) The Director shall review a proposed budget 

6 transmitted under paragraph (2) for a fiscal year and, not 

7 later than January 31 of the preceding fiscal year, shall 

8 submit to the Secretary of Defense a report containing 

9 the comments of the Director with respect to the proposed 

10 budget, together with the certification of the Director re11 garding whether the proposed budget is adequate for im12 plementation of the strategy. 

13 ‘‘(4) Not later than 10 days after the date on which 

14 the budget for a fiscal year is submitted to Congress pur15 suant to section 1105 of title 31, the Secretary of Defense 

16 shall submit to Congress a report on the proposed budgets 

17 for that fiscal year that the Director has not certified 

18 under paragraph (3). The report shall include the fol19 lowing: 

20 ‘‘(A) A discussion of the actions that the Sec21 retary proposes to take, together with any rec22 ommended legislation that the Secretary considers 

23 appropriate, to address the inadequacy of the pro24 posed budgets. 


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1 ‘‘(B) Any additional comments that the Sec2 retary considers appropriate regarding the inad3 equacy of the proposed budgets. 

4 ‘‘(5) The report required by paragraph (4) shall also 

5 include a separate statement of estimated expenditures 

6 and requested appropriations for that fiscal year for the 

7 activities of the Director in carrying out the duties of the 

8 Director. 

9 ‘‘(f) ACCESS TO INITIATIVE RESULTS AND

10 RECORDS.—(1) The Secretary of a military department 

11 shall submit to the Director the results of all studies and 

12 initiatives conducted by the military department in con13 nection with the operational energy strategy. 

14 ‘‘(2) The Director shall have access to all records and 

15 data in the Department of Defense (including the records 

16 and data of each military department) necessary in order 

17 to permit the Director to carry out the duties of the Direc18 tor. 

19 ‘‘(g) STAFF.—The Director shall have a dedicated 

20 professional staff of military and civilian personnel in a 

21 number sufficient to enable the Director to carry out the 

22 duties and responsibilities of the Director. 

23 ‘‘(h) DEFINITIONS.—In this section: 

24 ‘‘(1) OPERATIONAL ENERGY.—The term ‘oper25 ational energy’ means the energy required for movVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 ing and sustaining military forces and weapons plat2 forms for military operations. The term includes en3 ergy used by tactical power systems and generators 

4 and weapons platforms. 

5 ‘‘(2) OPERATIONAL ENERGY STRATEGY.—The 

6 terms ‘operational energy strategy’ and ‘strategy’ 

7 mean the operational energy strategy developed 

8 under subsection (d).’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by inserting 

11 after the item relating to section 139a the following new 

12 item: 

‘‘139b. Director of Operational Energy Plans and Programs.’’. 

13 SEC. 905. CORROSION CONTROL AND PREVENTION EXECU14 TIVES FOR THE MILITARY DEPARTMENTS. 

15 (a) REQUIREMENT TO DESIGNATE CORROSION CON16 TROL AND PREVENTION EXECUTIVE.—Not later than 90 

17 days after the date of the enactment of this Act, the As18 sistant Secretary of each military department with respon19 sibility for acquisition, technology, and logistics shall des20 ignate an employee of the military department as the cor21 rosion control and prevention executive. Such executive 

22 shall be the senior official in the department with responsi23 bility for coordinating department-level corrosion control 

24 and prevention program activities (including budget pro25 gramming) with the military department and the Office 


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1 of the Secretary of Defense, the program executive officers 

2 of the military departments, and relevant major subordi3 nate commands of the military departments. 

4 (b) DUTIES.—(1) The corrosion control and preven5 tion executive of a military department shall ensure that 

6 corrosion control and prevention is maintained in the de7 partment’s policy and guidance for management of each 

8 of the following: 

9 (A) System acquisition and production, includ10 ing design and maintenance. 

11 (B) Research, development, test, and evaluation 

12 programs and activities. 

13 (C) Equipment standardization programs, in14 cluding international standardization agreements. 

15 (D) Logistics research and development initia16 tives. 

17 (E) Logistics support analysis as it relates to 

18 integrated logistic support in the materiel acquisition 

19 process. 

20 (F) Military infrastructure design, construction, 

21 and maintenance. 

22 (2) The corrosion control and prevention executive of 

23 a military department shall be responsible for identifying 

24 the funding levels necessary to accomplish the items listed 

25 in subparagraphs (A) through (F) of paragraph (1). 


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1 (3) The corrosion control and prevention executive of 

2 a military department shall, in cooperation with the appro3 priate staff of the department, develop, support, and pro4 vide the rationale for resources— 

5 (A) to initiate and sustain an effective corrosion 

6 control and prevention program in the department; 

7 (B) to evaluate the program’s effectiveness; and 

8 (C) to ensure that corrosion control and preven9 tion requirements for materiel are reflected in budg10 eting and policies of the department for the formula11 tion, management, and evaluation of personnel and 

12 programs for the entire department, including its re13 serve components. 

14 (4) The corrosion control and prevention executive of 

15 a military department shall be the principal point of con16 tact of the department to the Director of Corrosion Policy 

17 and Oversight (as assigned under section 2228 of title 10, 

18 United States Code). 

19 (5) The corrosion control and prevention executive of 

20 a military department shall submit an annual report to 

21 the Secretary of Defense containing recommendations per22 taining to the corrosion control and prevention program 

23 of the military department, including corrosion-related 

24 funding levels to carry out all of the duties of the executive 

25 under this section. 


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1 SEC. 906. ALIGNMENT OF DEPUTY CHIEF MANAGEMENT OF2 FICER RESPONSIBILITIES. 

3 Section 192(e) of title 10, United States Code, is 

4 amended to read as follows: 

5 ‘‘(e) SPECIAL RULE FOR DEFENSE BUSINESS

6 TRANSFORMATION AGENCY.—Notwithstanding the results 

7 of any periodic review under subsection (c) with regard 

8 to the Defense Business Transformation Agency, the Sec9 retary of Defense shall designate that the Director of the 

10 Agency shall report directly to the Deputy Chief Manage11 ment Officer of the Department of Defense.’’. 

12 SEC. 907. REQUIREMENT FOR THE SECRETARY OF DE13 FENSE TO PREPARE A STRATEGIC PLAN TO 

14 ENHANCE THE ROLE OF THE NATIONAL 

15 GUARD AND RESERVES. 

16 (a) PLAN.—Not later than April 1, 2009, the Sec17 retary of Defense, in consultation with the Chairman of 

18 the Joint Chiefs of Staff and the Chief of the National 

19 Guard Bureau, shall prepare a plan for enhancing the 

20 roles of the National Guard and Reserve— 

21 (1) when federalized in the case of the National 

22 Guard, or activated in the case of the Reserves, in 

23 support of operations conducted under title 10, 

24 United States Code; and 


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1 (2) in support of operations conducted under 

2 title 32, United States Code, or in support of State 

3 missions. 

4 (b) MATTERS TO BE ASSESSED.—In preparing the 

5 plan, the Secretary shall assess— 

6 (1) the findings, conclusions, and recommenda7 tions of the Final Report to Congress and the Sec8 retary of Defense of the Commission on the National 

9 Guard and Reserves, dated January 31, 2008, and 

10 titled ‘‘Transforming the National Guard and Re11 serves into a 21st-Century Operational Force’’; and 

12 (2) the provisions of H.R. 5603 of the 110th 

13 Congress, as introduced on March 13, 2008 (the Na14 tional Guard Empowerment and State-National De15 fense Integration Act of 2008). 

16 (c) REPORT.—Not later than April 1, 2009, the Sec17 retary of Defense shall submit to the Committees on 

18 Armed Services of the Senate and the House of Represent19 atives a report on the plan required under this section. 

20 The report shall include recommendations on— 

21 (1) any changes to the current Department of 

22 Defense organization, structure, command relation23 ships, budget authority, procurement authority, and 

24 compensation and benefits; 


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1 (2) any legislation that the Secretary considers 

2 necessary; and 

3 (3) any other matter the Secretary considers 

4 appropriate. 

5 SEC. 908. REDESIGNATION OF THE DEPARTMENT OF THE 

6 NAVY AS THE DEPARTMENT OF THE NAVY 

7 AND MARINE CORPS. 

8 (a) REDESIGNATION OF THE DEPARTMENT OF THE

9 NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE

10 CORPS.— 

11 (1) REDESIGNATION OF MILITARY DEPART12 MENT.—The military department designated as the 

13 Department of the Navy is redesignated as the De14 partment of the Navy and Marine Corps. 

15 (2) REDESIGNATION OF SECRETARY AND

16 OTHER STATUTORY OFFICES.— 

17 (A) SECRETARY.—The position of the Sec18 retary of the Navy is redesignated as the Sec19 retary of the Navy and Marine Corps. 

20 (B) OTHER STATUTORY OFFICES.—The 

21 positions of the Under Secretary of the Navy, 

22 the four Assistant Secretaries of the Navy, and 

23 the General Counsel of the Department of the 

24 Navy are redesignated as the Under Secretary 

25 of the Navy and Marine Corps, the Assistant 


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1 Secretaries of the Navy and Marine Corps, and 

2 the General Counsel of the Department of the 

3 Navy and Marine Corps, respectively. 

4 (b) CONFORMING AMENDMENTS TO TITLE 10, 

5 UNITED STATES CODE.— 

6 (1) DEFINITION OF ‘‘MILITARY DEPART7 MENT’’.—Paragraph (8) of section 101(a) of title 

8 10, United States Code, is amended to read as fol9 lows: 

10 ‘‘(8) The term ‘military department’ means the 

11 Department of the Army, the Department of the 

12 Navy and Marine Corps, and the Department of the 

13 Air Force.’’. 

14 (2) ORGANIZATION OF DEPARTMENT.—The text 

15 of section 5011 of such title is amended to read as 

16 follows: ‘‘The Department of the Navy and Marine 

17 Corps is separately organized under the Secretary of 

18 the Navy and Marine Corps.’’. 

19 (3) POSITION OF SECRETARY.—Section 

20 5013(a)(1) of such title is amended by striking 

21 ‘‘There is a Secretary of the Navy’’ and inserting 

22 ‘‘There is a Secretary of the Navy and Marine 

23 Corps’’. 

24 (4) CHAPTER HEADINGS.— 


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1 (A) The heading of chapter 503 of such 

2 title is amended to read as follows: 

3 ‘‘CHAPTER 503—DEPARTMENT OF THE 

4 NAVY AND MARINE CORPS’’. 

5 (B) The heading of chapter 507 of such 

6 title is amended to read as follows: 

7 ‘‘CHAPTER 507—COMPOSITION OF THE DE8 PARTMENT OF THE NAVY AND MARINE 

9 CORPS’’. 

10 (5) OTHER AMENDMENTS.— 

11 (A) Title 10, United States Code, is 

12 amended by striking ‘‘Department of the Navy’’ 

13 and ‘‘Secretary of the Navy’’ each place they 

14 appear other than as specified in paragraphs 

15 (1), (2), (3), and (4) (including in section head16 ings, subsection captions, tables of chapters, 

17 and tables of sections) and inserting ‘‘Depart18 ment of the Navy and Marine Corps’’ and ‘‘Sec19 retary of the Navy and Marine Corps’’, respec20 tively, in each case with the matter inserted to 

21 be in the same typeface and typestyle as the 

22 matter stricken. 

23 (B)(i) Sections 5013(f), 5014(b)(2), 

24 5016(a), 5017(2), 5032(a), and 5042(a) of 

25 such title are amended by striking ‘‘Assistant 


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1 Secretaries of the Navy’’ and inserting ‘‘Assist2 ant Secretaries of the Navy and Marine Corps’’. 

3 (ii) The heading of section 5016 of such 

4 title, and the item relating to such section in 

5 the table of sections at the beginning of chapter 

6 503 of such title, are each amended by insert7 ing ‘‘and Marine Corps’’ after ‘‘of the Navy’’, 

8 with the matter inserted in each case to be in 

9 the same typeface and typestyle as the matter 

10 amended. 

11 (c) OTHER PROVISIONS OF LAW AND OTHER REF12 ERENCES.— 

13 (1) TITLE 37, UNITED STATES CODE.—Title 37, 

14 United States Code, is amended by striking ‘‘De15 partment of the Navy’’ and ‘‘Secretary of the Navy’’ 

16 each place they appear and inserting ‘‘Department 

17 of the Navy and Marine Corps’’ and ‘‘Secretary of 

18 the Navy and Marine Corps’’, respectively. 

19 (2) OTHER REFERENCES.—Any reference in 

20 any law other than in title 10 or title 37, United 

21 States Code, or in any regulation, document, record, 

22 or other paper of the United States, to the Depart23 ment of the Navy shall be considered to be a ref24 erence to the Department of the Navy and Marine 

25 Corps. Any such reference to an office specified in 


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1 subsection (b)(2) shall be considered to be a ref2 erence to that officer as redesignated by that sec3 tion. 

4 (d) EFFECTIVE DATE.—This section and the amend5 ments made by this section shall take effect on the first 

6 day of the first month beginning more than 60 days after 

7 the date of the enactment of this Act. 

8 SEC. 909. SUPPORT TO COMMITTEE REVIEW. 

9 (a) FINDINGS.—Congress finds the following: 

10 (1) In accordance with section 118 of title 10, 

11 United States Code, the Department of Defense con12 ducts a Quadrennial Defense Review as a com13 prehensive examination of ‘‘the national defense 

14 strategy, force structure, force modernization plans, 

15 infrastructure, budget plan, and other elements of 

16 the defense program and policies of the United 

17 States with a view toward determining and express18 ing the defense strategy of the United States and es19 tablishing a defense program for the next 20 years’’. 

20 (2) In submitting reports on these reviews to 

21 the Committees on Armed Services of the Senate 

22 and the House of Representatives, the Secretary is 

23 mandated to include the threats to the assumed or 

24 defined national security interests of the United 

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1 duct the review, and other assumptions that impact 

2 the ability to counter such threats, including force 

3 readiness, cooperation of allies, warning times, and 

4 levels of engagement in operations other than war 

5 and smaller-scale contingencies. 

6 (3) There is no statutory requirement to as7 sume certain funding levels available to the Depart8 ment of Defense in the conduct of this review be9 cause Congress reserves its prerogative to provide 

10 the resources necessary to address threats to United 

11 States national security interests and uses this re12 view as a data point in determining the proper level 

13 of those resources. 

14 (4) The reports associated with the 1997, 2001, 

15 and 2006 reviews clearly demonstrated that the Sec16 retary made certain assumptions about anticipated 

17 funding. 

18 (5) As a result, the reported recommendations 

19 were unnecessarily constrained by those funding as20 sumptions. 

21 (6) As the Department of Defense is preparing 

22 to conduct another Quadrennial Defense Review 

23 with a report due to the Congress by 2010, the 

24 Committee on Armed Services of the House of Rep25 resentatives should review in a bipartisan, thorough 


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1 manner the military capabilities required to address 

2 challenges to United States national security inter3 ests over the next 20 years. 

4 (b) SUPPORT REQUIRED.—Within 15 days after re5 ceiving a request, the Secretary of Defense shall provide 

6 the Committee on Armed Services of the House of Rep7 resentatives with any information or data requested by 

8 that Committee so that it can review in a comprehensive, 

9 threat-based, and bipartisan manner the national defense 

10 strategy, force structure, force modernization plans, infra11 structure, budget plan, and other elements of the defense 

12 program and policies of the United States with a view to13 ward determining and expressing the defense strategy of 

14 the United States and establishing a defense program for 

15 the next 20 years, as well as preparing for the upcoming 

16 Quadrennial Roles and Missions Review and Quadrennial 

17 Defense Review. 

18 Subtitle B—Space Activities 

19 SEC. 911. EXTENSION OF AUTHORITY FOR PILOT PROGRAM 

20 FOR PROVISION OF SPACE SURVEILLANCE 

21 NETWORK SERVICES TO NON-UNITED STATES 

22 GOVERNMENT ENTITIES. 

23 Section 2274(i) of title 10, United States Code, is 

24 amended by striking ‘‘September 30, 2009’’ and inserting 

25 ‘‘September 30, 2010’’. 


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1 SEC. 912. INVESTMENT AND ACQUISITION STRATEGY FOR 

2 COMMERCIAL SATELLITE CAPABILITIES. 

3 (a) REQUIREMENT.—The Secretary of Defense shall 

4 conduct an assessment to determine a recommended in5 vestment and acquisition strategy for commercial satellite 

6 capabilities. 

7 (b) ELEMENTS.—The assessment required under 

8 subsection (a) shall include the following: 

9 (1) Review of national and defense policy rel10 evant to the requirements for, acquisition of, and 

11 use of commercial satellite capabilities, and the rela12 tionship with commercial satellite providers. 

13 (2) Assessment of the manner in which com14 mercial satellite capabilities are utilized by the De15 partment of Defense and options for expanding such 

16 utilization or identifying new means to leverage com17 mercial satellite capabilities, such as hosting pay18 loads. 

19 (3) Review of military requirements for satellite 

20 communications and remote sensing by quantity, 

21 quality, timeline, and any other metric considered 

22 appropriate. 

23 (4) Description of current and planned commer24 cial satellite capabilities and an assessment of their 

25 ability to meet the requirements identified in para26 graph (3). 


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1 (5) Assessment of the ability of commercial sat2 ellite capabilities to meet other military requirements 

3 not identified in paragraph (3). 

4 (6) Description of the utilization of and re5 sources allocated to commercial satellite communica6 tions and remote sensing in the past (past five 

7 years), present (current date through Future Years 

8 Defense Plan (FYDP)), and future (beyond the 

9 FYDP) to meet the requirements identified in para10 graph (3). 

11 (7) Assessment of purchasing patterns that 

12 may lead to recommendations in which the Depart13 ment may consolidate requirements, centralize oper14 ations, aggregate purchases, or leverage purchasing 

15 power (including the use of multiyear contracting). 

16 (8) Assessment of various models for acquiring 

17 commercial satellite capabilities, including funding, 

18 management, and operations models. 

19 (c) REPORT.— 

20 (1) IN GENERAL.—Not later than February 1, 

21 2009, the Secretary of Defense shall submit to the 

22 congressional defense committees a report setting 

23 forth the results of the assessment required under 

24 subsection (a) and provide recommendations, to in25 clude— 


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1 (A) the recommended investment and ac2 quisition strategy or strategies of the Depart3 ment for commercial satellite capabilities; 

4 (B) how the investment and acquisition 

5 strategy or strategies should be addressed in 

6 fiscal years after fiscal year 2009; and 

7 (C) a proposal for such legislative action as 

8 the Secretary considers necessary to acquire ap9 propriate types and amounts of commercial sat10 ellite capabilities. 

11 (2) FORM.—The report shall be in unclassified 

12 form, but may include a classified annex. 

13 (d) DEFINITIONS.—In this section: 

14 (1) The term ‘‘commercial satellite capabilities’’ 

15 means the system, capability, or service provided by 

16 a commercial satellite provider. 

17 (2) The term ‘‘commercial satellite provider’’ 

18 refers to privately owned and operated space sys19 tems, their technology, components, products, data, 

20 services, and related information, as well as foreign 

21 systems whose products and services are sold com22 mercially. 


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1 Subtitle C—Chemical 

2 Demilitarization Program 

3 SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVI4 SORY COMMISSIONS IN COLORADO AND KEN5 TUCKY. 

6 Section 172 of the National Defense Authorization 

7 Act for Fiscal Year 1993 (50 U.S.C. 1521 note) is amend8 ed by adding at the end the following: 

9 ‘‘(i) COLORADO AND KENTUCKY CHEMICAL DEMILI10 TARIZATION CITIZENS ADVISORY COMMISSIONS.—Not11 withstanding subsections (b), (f), and (g), and consistent 

12 with section 142 of the Strom Thurmond National De13 fense Authorization Act for Fiscal Year 1999 (50 U.S.C. 

14 1521 note) and section 8122 of the Department of De15 fense Appropriations Act, 2003 (50 U.S.C. 1521 note), 

16 responsibilities for the Chemical Demilitarization Citizens 

17 Advisory Commissions in Colorado and Kentucky shall be 

18 transferred from the Secretary of the Army to the Pro19 gram Manager for Assembled Chemical Weapons Alter20 natives. The Program Manager for Assembled Chemical 

21 Weapons Alternatives shall ensure the ability to receive 

22 citizen and State concerns regarding the ongoing chemical 

23 destruction program in these States. A representative 

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1 grams shall meet with these commissions not less often 

2 than twice a year. Funds appropriated for the Assembled 

3 Chemical Weapons Alternatives Program shall be used for 

4 travel and associated travel costs for these Citizens Advi5 sory Commissioners, when such travel is conducted at the 

6 invitation of the Department of Defense Special Assistant 

7 for Chemical and Biological Defense and Chemical Demili8 tarization Programs.’’. 

9 SEC. 922. PROHIBITION ON TRANSPORT OF HYDROLYSATE 

10 AT PUEBLO CHEMICAL DEPOT, COLORADO. 

11 (a) PROHIBITION.—During fiscal year 2009, the Sec12 retary of Defense may not transport hydrolysate from the 

13 Pueblo Chemical Depot, Colorado, to an off-site location 

14 for treatment, storage, or disposal. 

15 (b) SAVINGS CLAUSE.—Nothing in this section limits 

16 or otherwise affects section 8119 of the Department of 

17 Defense Appropriations Act, 2008 (Public Law 110–116; 

18 50 U.S.C. 1521 note). 

19 (c) REPORT.—Not later than February 15, 2009, the 

20 Secretary shall submit to the congressional defense com21 mittees a report on hydrolysate stockpiled at the Pueblo 

22 Chemical Depot, Colorado. The report shall include a com23 prehensive cost-benefit analysis between on-site and off24 site methods for disposing of such hydrolysate. 


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1 Subtitle D—Intelligence-Related 

2 Matters 

3 SEC. 931. TECHNICAL CHANGES FOLLOWING THE REDESIG4 NATION OF NATIONAL IMAGERY AND MAP5 PING AGENCY AS NATIONAL GEOSPATIAL-IN6 TELLIGENCE AGENCY. 

7 (a) TECHNICAL CHANGES TO UNITED STATES

8 CODE.— 

9 (1) TITLE 5.—Title 5, United States Code, is 

10 amended by striking ‘‘National Imagery and Map11 ping Agency’’ each place it appears and inserting 

12 ‘‘National Geospatial-Intelligence Agency’’. 

13 (2) TITLE 44.—Title 44, United States Code, is 

14 amended by striking ‘‘National Imagery and Map15 ping Agency’’ each place it appears and inserting 

16 ‘‘National Geospatial-Intelligence Agency’’. 

17 (b) TECHNICAL CHANGES TO OTHER ACTS.— 

18 (1) ETHICS IN GOVERNMENT ACT OF 1978.— 

19 Section 105(a)(1) of the Ethics in Government Act 

20 of 1978 (Public Law 95–521; 5 U.S.C. App. 4) is 

21 amended by striking ‘‘National Imagery and Map22 ping Agency’’ and inserting ‘‘National Geospatial-In23 telligence Agency’’. 


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1 (2) INSPECTOR GENERAL ACT OF 1978.—Sec2 tion 8H of the Inspector General Act of 1978 (Pub3 lic Law 95–452; 5 U.S.C. App.) is amended— 

4 (A) in subsection (a)(1)(A), by striking 

5 ‘‘National Imagery and Mapping Agency’’ and 

6 inserting ‘‘National Geospatial-Intelligence 

7 Agency’’; and 

8 (B) in subsection (g)(1), by striking ‘‘Na9 tional Imagery and Mapping Agency’’ and in10 serting ‘‘National Geospatial-Intelligence Agen11 cy’’. 

12 (3) EMPLOYEE POLYGRAPH PROTECTION ACT

13 OF 1988.—Section 7(b)(2)(A)(i) of the Employee 

14 Polygraph Protection Act of 1988 (29 U.S.C. 

15 2006(b)(2)(A)(i)) is amended by striking ‘‘National 

16 Imagery and Mapping Agency’’ and inserting ‘‘Na17 tional Geospatial-Intelligence Agency’’. 

18 (4) LEGISLATIVE BRANCH APPROPRIATIONS

19 ACT, 1993.—Section 207(a)(2)(B) of the Legislative 

20 Branch Appropriations Act, 1993 (Public Law 102– 

21 392; 44 U.S.C. 501 note), is amended by striking 

22 ‘‘National Imagery and Mapping Agency’’ and in23 serting ‘‘National Geospatial-Intelligence Agency’’. 

24 (5) HOMELAND SECURITY ACT OF 2002.—Sec25 tion 201(e)(2) of the Homeland Security Act of 


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1 2002 (6 U.S.C. 121(e)(2)) is amended by striking 

2 ‘‘National Imagery and Mapping Agency’’ and in3 serting ‘‘National Geospatial-Intelligence Agency’’. 

4 SEC. 932. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

5 STATES CODE, ARISING FROM ENACTMENT 

6 OF THE INTELLIGENCE REFORM AND TER7 RORISM PREVENTION ACT OF 2004. 

8 (a) REFERENCES TO HEAD OF INTELLIGENCE COM9 MUNITY.—Title 10, United States Code, is amended by 

10 striking ‘‘Director of Central Intelligence’’ each place it 

11 appears and inserting ‘‘Director of National Intelligence’’ 

12 in the following: 

13 (1) Section 193(d)(2). 

14 (2) Section 193(e). 

15 (3) Section 201(a). 

16 (4) Section 201(b)(1). 

17 (5) Section 201(c)(1). 

18 (6) Section 425(a). 

19 (7) Section 431(b)(1). 

20 (8) Section 441(c). 

21 (9) Section 441(d). 

22 (10) Section 443(d). 

23 (11) Section 2273(b)(1). 

24 (12) Section 2723(a). 


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1 (b) CLERICAL AMENDMENTS.—Such title is further 

2 amended by striking ‘‘DIRECTOR OF CENTRAL INTEL3 LIGENCE’’ each place it appears and inserting ‘‘DIRECTOR

4 OF NATIONAL INTELLIGENCE’’ in the following: 

5 (1) Section 441(c). 

6 (2) Section 443(d). 

7 (c) REFERENCE TO HEAD OF CENTRAL INTEL8 LIGENCE AGENCY.—Section 444 of such title is amended 

9 by striking ‘‘Director of Central Intelligence’’ each place 

10 it appears and inserting ‘‘Director of the Central Intel11 ligence Agency’’. 

12 SEC. 933. TECHNICAL AMENDMENTS RELATING TO THE AS13 SOCIATE DIRECTOR OF THE CIA FOR MILI14 TARY AFFAIRS. 

15 Section 528(c) of title 10, United States Code, is 

16 amended— 

17 (1) in the heading, by striking ‘‘MILITARY SUP18 PORT’’ and inserting ‘‘MILITARY AFFAIRS’’; and 

19 (2) by striking ‘‘Military Support’’ and insert20 ing ‘‘Military Affairs’’. 


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1 Subtitle E—Other Matters 

2 SEC. 941. DEPARTMENT OF DEFENSE SCHOOL OF NURSING 

3 REVISIONS. 

4 (a) SCHOOL OF NURSING.—The text of section 2117 

5 of title 10, United States Code, is amended to read as 

6 follows: 

7 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense 

8 shall establish within the University a School of Nursing, 

9 not later than July 1, 2010. It shall be so organized as 

10 to graduate not less than 25 students with a bachelor of 

11 science in nursing in the first class not later than June 

12 30, 2012, not less than 50 in the second class, and not 

13 less than 100 annually thereafter. 

14 ‘‘(b) MINIMUM REQUIREMENT.—The School of Nurs15 ing shall include, at a minimum, a program that awards 

16 a bachelor of science in nursing. 

17 ‘‘(c) PHASED DEVELOPMENT.—The development of 

18 the School of Nursing may be by such phases as the Sec19 retary may prescribe, subject to the requirements of sub20 section (a).’’. 

21 (b) RETIRED NURSE CORPS OFFICER DEMONSTRA22 TION PROJECT.— 

23 (1) IN GENERAL.—The Secretary of Defense 

24 may conduct a demonstration project to encourage 


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1 retired military nurses to serve as faculty at civilian 

2 nursing schools. 

3 (2) ELIGIBILITY REQUIREMENTS.— 

4 (A) INDIVIDUAL.—An individual is eligible 

5 to participate in the demonstration project if 

6 the individual— 

7 (i) is a retired nurse corps officer of 

8 one of the Armed Forces; 

9 (ii) has had at least 26 years of active 

10 Federal commissioned service before retir11 ing; and 

12 (iii) possesses a doctoral or master de13 gree in nursing that qualifies the officer to 

14 become a full faculty member of an accred15 ited school of nursing. 

16 (B) INSTITUTION.—An accredited school 

17 of nursing is eligible to participate in the dem18 onstration project if the school or its parent in19 stitution of higher education— 

20 (i) is a school of nursing that is ac21 credited to award, at a minimum, a bach22 elor of science in nursing and provides 

23 educational programs leading to such de24 gree; 


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1 (ii) has a resident Reserve Officer 

2 Training Corps unit at the institution of 

3 higher education that fulfils the require4 ments of sections 2101 and 2102 of title 

5 10, United States Code; 

6 (iii) does not prevent ROTC access or 

7 military recruiting on campus, as defined 

8 in section 983 of title 10, United States 

9 Code; 

10 (iv) provides any retired nurse corps 

11 officer participating in the demonstration 

12 project a salary and other compensation at 

13 the level to which other similarly situated 

14 faculty members of the accredited school of 

15 nursing are entitled, as determined by the 

16 Secretary of Defense; and 

17 (v) agrees to comply with paragraph 

18 (4). 

19 (3) COMPENSATION.— 

20 (A) The Secretary of Defense may author21 ize a Secretary of a military department to au22 thorize qualified institutions of higher education 

23 to employ as faculty those eligible individuals 

24 (as described in paragraph (2)) who are receiv25 ing retired pay, whose qualifications are apVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00455 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 proved by the Secretary and the institution of 

2 higher education concerned, and who request 

3 such employment, subject to the following: 

4 (i) A retired nurse corps officer so 

5 employed is entitled to receive the officer’s 

6 retired pay without reduction by reason of 

7 any additional amount paid to the officer 

8 by the institution of higher education con9 cerned. In the case of payment of any such 

10 additional amount by the institution of 

11 higher education concerned, the Secretary 

12 of the military department concerned may 

13 pay to that institution the amount equal to 

14 one-half the amount paid to the retired of15 ficer by the institution for any period, up 

16 to a maximum of one-half of the difference 

17 between the officer’s retired pay for that 

18 period and the active duty pay and allow19 ances that the officer would have received 

20 for that period if on active duty. Payments 

21 by the Secretary concerned under this 

22 paragraph shall be made from funds spe23 cifically appropriated for that purpose. 

24 (ii) Notwithstanding any other provi25 sion of law contained in title 10, title 32, 


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1 or title 37, United States Code, such a re2 tired nurse corps officer is not, while so 

3 employed, considered to be on active duty 

4 or inactive duty training for any purpose. 

5 (4) SCHOLARSHIPS FOR NURSE OFFICER CAN6 DIDATES.—For purposes of the eligibility of an insti7 tution under paragraph (2)(B)(v), the following re8 quirements apply: 

9 (A) Each accredited school of nursing at 

10 which a retired nurse corps officer serves on the 

11 faculty under this subsection shall provide full 

12 academic scholarships to individuals under13 taking an educational program at such school 

14 leading to a bachelor of science in nursing de15 gree who agree, upon completion of such pro16 gram, to accept a commission as an officer in 

17 the nurse corps of one of the Armed Forces. 

18 (B) The total number of scholarships pro19 vided by an accredited school of nursing under 

20 subparagraph (A) for each officer serving on 

21 the faculty of that school under this subsection 

22 shall be such number as the Secretary of De23 fense shall specify for purposes of this sub24 section. 


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1 (C) Each accredited school of nursing shall 

2 pay to the Department of Defense an amount 

3 equal to the value of the scholarship for every 

4 nurse officer candidate who fails to be accessed 

5 as a nurse corps officer into one of the Armed 

6 Forces within one year of receiving a bachelor 

7 of science degree in nursing from that school. 

8 (D) The Secretary concerned is authorized 

9 to discontinue the demonstration project au10 thorized in this subsection at any institution of 

11 higher education that fails to fulfill the require12 ments of subparagraph (C). 

13 (5) REPORT.— 

14 (A) Not later than 24 months after the 

15 commencement of any demonstration project 

16 under this subsection, the Secretary of Defense 

17 shall submit to the congressional defense com18 mittees a report on the demonstration project. 

19 The report shall include a description of the 

20 project and a description of plans for the con21 tinuation of the project, if any. 

22 (B) ELEMENTS.—The report shall also in23 clude, at a minimum, the following: 

24 (i) The current number of retired 

25 nurse corps officers who have at least 26 


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1 years of active Federal commissioned serv2 ice who would be eligible to participate in 

3 the program. 

4 (ii) The number of retired nurse corps 

5 officers participating in the demonstration 

6 project. 

7 (iii) The number of accredited schools 

8 of nursing participating in the demonstra9 tion project. 

10 (iv) The number of nurse officer can11 didates who have accessed into the military 

12 as commissioned nurse corps officers. 

13 (v) The number of scholarships 

14 awarded to nurse officer candidates. 

15 (vi) The number of nurse officer can16 didates who have failed to access into the 

17 military, if any. 

18 (vii) The amount paid to the Depart19 ment of Defense in the event any nurse of20 ficer candidates awarded scholarships by 

21 the accredited school of nursing fail to ac22 cess into the military as commissioned 

23 nurse corps officers. 

24 (viii) The funds expended in the oper25 ation of the demonstration project. 


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1 (ix) The recommendation of the Sec2 retary of Defense as to whether the dem3 onstration project should be extended. 

4 (6) SUNSET.—The authority in this subsection 

5 shall expire on June 30, 2014. 

6 (7) DEFINITIONS.—In this subsection, the 

7 terms ‘‘school of nursing’’ and ‘‘accredited’’ have the 

8 meeting given those terms in section 801 of the Pub9 lic Health Service Act (42 U.S.C. 296). 

10 SEC. 942. AMENDMENTS OF AUTHORITY FOR REGIONAL 

11 CENTERS FOR SECURITY STUDIES. 

12 (a) IN GENERAL.—Section 184(f) of title 10, United 

13 States Code, is amended by adding at the end the fol14 lowing new paragraph: 

15 ‘‘(6) Funds available to the Department of De16 fense for a Regional Center for any fiscal year (be17 ginning with funds available for fiscal year 2009), 

18 including funds available under paragraphs (4) and 

19 (5), are available for use for programs that begin in 

20 such fiscal year but end in the next fiscal year.’’. 

21 (b) ESTABLISHMENT OF A PILOT PROGRAM FOR

22 NONGOVERNMENTAL PERSONNEL.— 

23 (1) IN GENERAL.—In fiscal years 2009 and 

24 2010, the Secretary of Defense, with the concur25 rence of the Secretary of State, may waive reimVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 bursement of the costs of activities of the Regional 

2 Centers for nongovernmental and international orga3 nization personnel who participate in activities that 

4 enhance cooperation of nongovernmental organiza5 tions and international organizations with Armed 

6 Forces of the United States, if the Secretary of De7 fense determines that attendance of such personnel 

8 without reimbursement is in the national security in9 terests of the United States. Costs for which reim10 bursement is waived pursuant to this subsection 

11 shall not exceed $1,000,000 in each of fiscal years 

12 2009 and 2010 and shall be paid from appropria13 tions available to the Regional Centers in each of 

14 those fiscal years. 

15 (2) REPORT REQUIRED.—For each of fiscal 

16 years 2009 and 2010, the Secretary of Defense shall 

17 include in the annual report required under section 

18 184(h) of title 10, United States Code, a description 

19 of the extent of nongovernmental and international 

20 organization participation in the programs of each 

21 regional center, including the costs incurred by the 

22 United States for the participation of each organiza23 tion. 


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1 SEC. 943. FINDINGS AND SENSE OF CONGRESS REGARDING 

2 THE WESTERN HEMISPHERE INSTITUTE FOR 

3 SECURITY COOPERATION. 

4 (a) FINDINGS.—The Congress finds the following: 

5 (1) The mission of the Western Hemisphere In6 stitute for Security Cooperation (hereafter in this 

7 section referred to as ‘‘WHINSEC’’) is to provide 

8 professional education and training to military per9 sonnel, law enforcement officials, and civilian per10 sonnel in support of the democratic principles set 

11 forth in the Charter of the Organization of American 

12 States, while fostering mutual knowledge, trans13 parency, confidence, and cooperation among the par14 ticipating nations, and promoting democratic values, 

15 respect for human rights, and knowledge and under16 standing of United States customs and traditions. 

17 (2) WHINSEC supports the Security Coopera18 tion Guidance of the Secretary of Defense by ad19 dressing the education and training needs of the 

20 United States Southern Command and United 

21 States Northern Command. 

22 (3) In enacting legislation establishing 

23 WHINSEC, Congress specified that the curriculum 

24 of WHINSEC may include leadership development, 

25 counterdrug operations, peacekeeping, resource man26 agement, and disaster relief planning. Congress also 


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1 mandated a minimum of eight hours of instruction 

2 on human rights, due process, the rule of law, the 

3 role of the Armed Forces in a democratic society, 

4 and civilian control of the military. WHINSEC aver5 ages twelve hours of such instruction per course. 

6 (4) On March 21, 2007, Admiral Stavridis, 

7 Commander of United States Southern Command, 

8 stated before the House Armed Services Committee 

9 that WHINSEC ‘‘is the military’s crown jewel for 

10 human rights training.’’. 

11 (5) WHINSEC does not select students for par12 ticipation. A partner nation nominates students to 

13 attend WHINSEC, and in accordance with the law 

14 of the United States and the policies of the Depart15 ments of Defense and State, the United States Em16 bassy in such partner nation screens and conducts 

17 background checks on such nominees. The vetting 

18 process of WHINSEC nominees includes a back19 ground check by United States embassies in partner 

20 nations, as well as checks by the Bureau of Western 

21 Hemisphere Affairs and the Bureau of Democracy, 

22 Human Rights, and Labor. Further, the Abuse Case 

23 Evaluation System of the Department of State, a 

24 central database that aggregates human rights 

25 abuse data into a single, searchable location, is used 


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1 as a resource for checking abuse allegations when 

2 conducting vetting requests. 

3 (6) WHINSEC operates in accordance with the 

4 ‘‘Leahy Law,’’ which was first enacted in 1997 and 

5 has since expanded to prohibit United States mili6 tary assistance to foreign military units that violate 

7 human rights including security assistance programs 

8 funded through foreign operations appropriations 

9 Acts and training programs made available pursuant 

10 to Department of Defense appropriations Acts. 

11 (7) Independent review, observation, and rec12 ommendation regarding operations of WHINSEC is 

13 provided by a Board of Visitors which is chaired by 

14 Bishop Robert Morlino of Wisconsin and includes 

15 four Members of Congress, two from each political 

16 party. 

17 (8) WHINSEC is open to visitors at any time. 

18 Anyone can visit, sit in classes, talk with students 

19 and faculty, and review instructional materials. 

20 (9) On May 7, 2008, the Department of De21 fense provided Congress requested information re22 garding the students, instructors, and courses at 

23 WHINSEC. 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that— 


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1 (1) WHINSEC is one of the most effective 

2 mechanisms that the United States has to build re3 lationships with future leaders throughout the West4 ern Hemisphere, influence the human rights records 

5 and democracy trajectory of countries in the West6 ern Hemisphere, and mitigate the growing influence 

7 of non-hemispheric powers; 

8 (2) WHINSEC is succeeding in meeting its 

9 stated mission of providing professional education 

10 and training to eligible military personnel, law en11 forcement officials, and civilians of nations of the 

12 Western Hemisphere that support the democratic 

13 principles set forth in the Charter of the Organiza14 tion of American States, while fostering mutual 

15 knowledge, transparency, confidence, and coopera16 tion among the participating nations and promoting 

17 democratic values and respect for human rights; and 

18 (3) WHINSEC is an invaluable education and 

19 training facility which the Department of Defense 

20 should continue to utilize in order to help foster a 

21 spirit of partnership that will ensure security and 

22 enhance stability and interoperability among the 

23 United States military and the militaries of partici24 pating nations. 


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1 SEC. 944. RESTRICTION ON OBLIGATION OF FUNDS FOR 

2 UNITED STATES SOUTHERN COMMAND DE3 VELOPMENT ASSISTANCE ACTIVITIES. 

4 (a) REPORT AND CERTIFICATION REQUIRED.—Not 

5 later than 30 days after the date of the enactment of this 

6 Act, the Secretary of Defense shall submit to the congres7 sional defense committees a report describing the develop8 ment assistance activities carried out by the United States 

9 Southern Command during fiscal year 2008 and planned 

10 for fiscal year 2009 and containing a certification by the 

11 Secretary that such development assistance activities— 

12 (1) will not adversely diminish the ability of the 

13 United States Southern Command or its components 

14 to carry out its combat or military missions; 

15 (2) do not divert resources from funded or un16 funded requirements of the United States Southern 

17 Command in connection with the role of the Depart18 ment of Defense under section 124 of title 10, 

19 United States Code, as the single lead agency of the 

20 Federal Government for the detection and moni21 toring of aerial and maritime transit of illegal drugs 

22 into the United States; 

23 (3) are not unnecessarily duplicative of activi24 ties already conducted or planned to be conducted by 

25 any other Federal department or agency during fis26 cal year 2009; and 


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1 (4) are designed, planned, and conducted to 

2 complement joint training and exercises, host-coun3 try capacity building, or similar activities directly 

4 connected to the responsibilities of the United States 

5 Southern Command. 

6 (b) RESTRICTION ON OBLIGATION OF FUNDS PEND7 ING CERTIFICATION.—Of the amounts appropriated pur8 suant to an authorization of appropriations in this Act or 

9 otherwise made available for fiscal year 2009 for operation 

10 and maintenance for the United States Southern Com11 mand, not more than 90 percent may be obligated or ex12 pended until 30 days after the certification required by 

13 subsection (a) is received by the congressional defense 

14 committees. 

15 (c) DEVELOPMENT ASSISTANCE ACTIVITIES DE16 FINED.—In this section, the term ‘‘development assistance 

17 activities’’ means assistance activities carried out by the 

18 United States Southern Command that are comparable to 

19 the assistance activities carried out by the United States 

20 under— 

21 (1) chapters 1, 10, 11, and 12 of part I of the 

22 Foreign Assistance Act of 1961 (22 U.S.C. 2151, 

23 2293, 2295, and 2296 et seq.); and 

24 (2) any other provision of law for purposes 

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1 tivities are carried out under the provisions of law 

2 referred to in paragraph (1). 

3 SEC. 945. AUTHORIZATION OF NON-CONVENTIONAL AS4 SISTED RECOVERY CAPABILITIES. 

5 (a) NON-CONVENTIONAL ASSISTED RECOVERY CA6 PABILITIES.—Upon a determination by a combatant com7 mander that an action is necessary in connection with a 

8 non-conventional assisted recovery effort, an amount not 

9 to exceed $20,000,000 of the funds appropriated pursuant 

10 to an authorization of appropriations or otherwise made 

11 available for ‘‘Operation and Maintenance, Navy’’ may be 

12 used to establish, develop, and maintain non-conventional 

13 assisted recovery capabilities. 

14 (b) PROCEDURES.—The Secretary of Defense shall 

15 establish procedures for the exercise of the authority 

16 under subsection (a). The Secretary shall notify the con17 gressional defense committees of those procedures before 

18 any exercise of that authority. 

19 (c) AUTHORIZED ACTIVITIES.—Non-conventional as20 sisted recovery capabilities authorized under subsection 

21 (a) may, in limited and special circumstances, include the 

22 provision of support to foreign forces, irregular forces, 

23 groups, or individuals in order to facilitate the recovery 

24 of Department of Defense or Coast Guard military or civil25 ian personnel, or other individuals who, while conducting 


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1 activities in support of United States military operations, 

2 become separated or isolated and cannot rejoin their units 

3 without the assistance authorized in subsection (a). Such 

4 support may include the provision of limited amounts of 

5 equipment, supplies, training, transportation, or other 

6 logistical support or funding. 

7 (d) ANNUAL REPORT.—Not later than 30 days after 

8 the close of each fiscal year during which subsection (a) 

9 is in effect, the Secretary of Defense shall submit to the 

10 congressional defense committees a report on support pro11 vided under that subsection during that fiscal year. 

12 (e) LIMITATION ON INTELLIGENCE ACTIVITIES.— 

13 This section does not constitute authority to conduct a 

14 covert action, as such term is defined in section 503(e) 

15 of the National Security Act of 1947 (50 U.S.C. 413b(e)). 

16 (f) LIMITATION ON FOREIGN ASSISTANCE ACTIVI17 TIES.—This section does not constitute authority— 

18 (1) to build the capacity of foreign military 

19 forces or provide security and stabilization assist20 ance, as described in sections 1206 and 1207 of the 

21 National Defense Authorization Act for Fiscal Year 

22 2006 (Public Law 109–163; 119 Stat. 3456 and 

23 3458), respectively; and 

24 (2) to provide assistance that is otherwise pro25 hibited by any other provision in law, including any 


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1 provision of law relating to the control of exports of 

2 defense articles or defense services. 

3 (g) PERIOD OF AUTHORITY.—The authority under 

4 this section is in effect during each of the fiscal years 2009 

5 through 2012. 

6 SEC. 946. REPORT ON UNITED STATES NORTHERN COM7 MAND DEVELOPMENT OF INTERAGENCY 

8 PLANS AND COMMAND AND CONTROL RELA9 TIONSHIPS. 

10 (a) REPORT REQUIRED.—Not later than 90 days 

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

12 of Defense, in consultation with the Secretary of Home13 land Security and the heads of other appropriate Federal 

14 agencies, shall submit a report to Congress describing the 

15 progress made to address certain deficiencies in the 

16 United States Northern Command identified in the Comp17 troller General report 08–251/252. To prepare the report, 

18 the Secretary of Defense shall direct the United States 

19 Northern Command to perform the following: 

20 (1) Provide a compendium of all roles, mission 

21 requirements and resources from all 50 States. Each 

22 role and mission in the docket will be accompanied 

23 by a brief explanation of the requirement and proof 

24 of endorsement by the respective State Adjutant 

25 Generals and the Department of Homeland Security. 


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1 (2) Synchronize and continually update its unit 

2 requirements with the deployment schedules of the 

3 units it depends on. The commander of the United 

4 States Northern Command shall develop plans for 

5 primary and secondary units to cover the roles and 

6 missions coordinated in paragraph (1). 

7 (3) Coordinate with all source units and other 

8 commands. The report shall include copies of all 

9 these unit and command mission statements. 

10 (4) Coordinate with its interagency partners to 

11 form charters that govern the agreements among 

12 them, including qualifications for personnel with liai13 son functions between interagency partners. 

14 (b) IMPROVED COORDINATION.—The commander of 

15 the United States Northern Command shall coordinate 

16 with its Federal interagency partners to ascertain require17 ments for plans, training, equipment, and resources in 

18 support of— 

19 (1) homeland defense; 

20 (2) domestic emergency response; and 

21 (3) military support to civil authorities. 

22 SEC. 947. REPORT ON NATIONAL GUARD RESOURCE RE23 QUIREMENTS. 

24 (a) IN GENERAL.—Not later than 6 months after the 

25 date of enactment of this Act, the Chief of the National 


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1 Guard Bureau shall submit to the Secretary of Defense 

2 a report— 

3 (1) detailing the extent to which the various 

4 provisions in title XVIII of the National Defense 

5 Authorization Act for Fiscal Year 2008 (Public Law 

6 110–181) have been effective in giving the National 

7 Guard a clearer voice in policy and budgetary dis8 cussions in the Department of Defense; and 

9 (2) assessing the adequacy of Department of 

10 Defense funding for the resource requirements of 

11 the National Guard. 

12 (b) REPORT TO CONGRESS.—Not later than 30 days 

13 after the Secretary of Defense receives the report under 

14 subsection (a), the Secretary shall submit to Congress 

15 such report, along with any explanatory comments the 

16 Secretary considers necessary. 

17 TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Requirement for separate display of budget for Afghanistan. 

Sec. 1003. Requirement for separate display of budget for Iraq. 

Sec. 1004. One-time shift of military retirement payments. 

Sec. 1005. Management of purchase cards. 

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. Policy relating to major combatant vessels of the strike forces of the 

United States Navy. 

Sec. 1014. National Defense Sealift Fund amendments. 

Sec. 1015. Report on contributions to the domestic supply of steel and other 

metals from scrapping of certain vessels. 

Subtitle C—Counter-Drug Activities 


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Sec. 1021. Continuation 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 West Africa and the Maghreb. 

Sec. 1026. Comprehensive Department of Defense strategy for counter-narcotics efforts in South and Central Asian regions. 

Subtitle D—Boards and Commissions 

Sec. 1031. Strategic Communication Management Board. 

Sec. 1032. Extension of certain dates for Congressional Commission on the 

Strategic Posture of the United States. 

Sec. 1033. Extension of Commission to Assess the Threat to the United States 

from Electromagnetic Pulse (EMP) Attack. 

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. Studies to analyze alternative models for acquisition and funding of 

inter-connected cyberspace systems. 

Sec. 1045. Report on nonstrategic nuclear weapons. 

Sec. 1046. Study on national defense implications of section 1083. 

Sec. 1047. Report on methods Department of Defense utilizes to ensure compliance with Guam tax and licensing laws. 

Sec. 1048. Study on methods to verifiably reduce the likelihood of accidental 

nuclear launch. 

Subtitle F—Congressional Recognitions 

Sec. 1051. Sense of Congress honoring the Honorable Duncan Hunter. 

Sec. 1052. Sense of Congress in honor of the Honorable Jim Saxton, a Member 

of the House of Representatives. 

Sec. 1053. Sense of Congress honoring the Honorable Terry Everett. 

Sec. 1054. Sense of Congress honoring the Honorable Jo Ann Davis. 

Subtitle G—Other Matters 

Sec. 1061. Amendment to annual submission of information regarding information technology capital assets. 

Sec. 1062. Restriction on Department of Defense relocation of missions or 

functions from Cheyenne Mountain Air Force Station. 

Sec. 1063. Technical and clerical amendments. 

Sec. 1064. Submission to Congress of revision to regulation on enemy prisoners 

of war, retained personnel, civilian internees, and other detainees. 

Sec. 1065. Authorization of appropriations for payments to Portuguese nationals employed by the Department of Defense. 


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Sec. 1066. State Defense Force Improvement. 

Sec. 1067. Barnegat Inlet to Little Egg Inlet, New Jersey. 

Sec. 1068. Sense of Congress regarding the roles and missions of the Department of Defense and other national security institutions. 

Sec. 1069. Sense of Congress relating to 2008 supplemental appropriations. 

Sec. 1070. Sense of Congress regarding defense requirements of the United 

States. 

Sec. 1071. Standing Advisory Panel on Improving Integration between the Department of Defense, the Department of State, and the United 

States Agency for International Development on Matters of 

National Security. 

Sec. 1072. Nonapplicability of the Federal Advisory Committee Act to the Congressional Commission on the Strategic Posture of the United 

States. 

Sec. 1073. Study and report on use of power management software. 

Sec. 1074. Comprehensive Interagency Strategy for Strategic Communication 

and Public Diplomacy Activities of the Federal Government. 

Sec. 1075. Prohibitions relating to propaganda. 

Sec. 1076. Use of runway at NASJRB Willow Grove, Pennsylvania. 

Sec. 1077. Prohibition on interrogation of detainees by contractor personnel. 

Sec. 1078. Requirement for videotaping or otherwise electronically recording 

strategic intelligence interrogations of persons in the custody of 

or under the effective control of the Department of Defense. 

Sec. 1079. Public disclosure of names of students and instructors at Western 

Hemisphere Institute for Security Cooperation. 

1 Subtitle A—Financial Matters 

2 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

3 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

4 (1) AUTHORITY.—Upon determination by the 

5 Secretary of Defense that such action is necessary in 

6 the national interest, the Secretary may transfer 

7 amounts of authorizations made available to the De8 partment of Defense in this division for fiscal year 

9 2009 between any such authorizations for that fiscal 

10 year (or any subdivisions thereof). Amounts of au11 thorizations so transferred shall be merged with and 

12 be available for the same purposes as the authoriza13 tion to which transferred. 


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1 (2) LIMITATION.—Except as provided in para2 graph (3), the total amount of authorizations that 

3 the Secretary may transfer under the authority of 

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

5 (3) EXCEPTION FOR TRANSFERS BETWEEN

6 MILITARY PERSONNEL AUTHORIZATIONS.—A trans7 fer of funds between military personnel authoriza8 tions under title IV shall not be counted toward the 

9 dollar limitation in paragraph (2). 

10 (b) LIMITATIONS.—The authority provided by this 

11 section to transfer authorizations— 

12 (1) may only be used to provide authority for 

13 items that have a higher priority than the items 

14 from which authority is transferred; and 

15 (2) may not be used to provide authority for an 

16 item that has been denied authorization by Con17 gress. 

18 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

19 transfer made from one account to another under the au20 thority of this section shall be deemed to increase the 

21 amount authorized for the account to which the amount 

22 is transferred by an amount equal to the amount trans23 ferred. 


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1 (d) NOTICE TO CONGRESS.—The Secretary shall 

2 promptly notify Congress of each transfer made under 

3 subsection (a). 

4 SEC. 1002. REQUIREMENT FOR SEPARATE DISPLAY OF 

5 BUDGET FOR AFGHANISTAN. 

6 For any annual or supplemental budget request sub7 mission for the Department of Defense, beginning with 

8 fiscal year 2010, the Secretary of Defense shall set forth 

9 separately any funding requested for any United States 

10 operations or other activities concerning Afghanistan. The 

11 submission shall clearly display the amounts requested for 

12 such operations or activities at the appropriation account 

13 level and at the program, project, or activity level. The 

14 submission by the Secretary shall also include a separate 

15 detailed description of the assumptions underlying the 

16 funding request. 

17 SEC. 1003. REQUIREMENT FOR SEPARATE DISPLAY OF 

18 BUDGET FOR IRAQ. 

19 For any annual or supplemental budget request sub20 mission for the Department of Defense, beginning with 

21 fiscal year 2010, the Secretary of Defense shall set forth 

22 separately any funding requested for any United States 

23 operations or other activities concerning Iraq. The submis24 sion shall clearly display the amounts requested for such 

25 operations or activities at the appropriation account level 


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1 and at the program, project, or activity level. The submis2 sion by the Secretary shall also include a separate detailed 

3 description of the assumptions underlying the funding re4 quest. 

5 SEC. 1004. ONE-TIME SHIFT OF MILITARY RETIREMENT 

6 PAYMENTS. 

7 (a) REDUCTION OF PAYMENTS.—Notwithstanding 

8 any other provision of law, any amounts that would other9 wise be payable from the fund to individuals for the month 

10 of August 2013 (with disbursements scheduled for Sep11 tember 2013) shall be reduced by 1 percent. 

12 (b) REVERSION.—Beginning on September 1, 2013 

13 (with disbursements beginning in October 2013), amounts 

14 payable to individuals from the fund shall revert back to 

15 amounts as specified in law as if the reduction in sub16 section (a) did not take place. 

17 (c) REFUND.—Any individual who has a payment re18 duced under subsection (a) shall receive a one-time pay19 ment, from the fund, in an amount equal to the amount 

20 of such reduction. This one-time payment shall be included 

21 with disbursements from the fund scheduled for October 

22 2013. 

23 (d) FUND.—In this section, the term ‘‘fund’’ refers 

24 to the Department of Defense Military Retirement Fund 


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1 established by section 1461 of title 10, United States 

2 Code. 

3 (e) TRANSFER.—Not later than 60 days after the 

4 date of the enactment of this Act, the Secretary of Defense 

5 shall transfer $40,000,000 from the unobligated balances 

6 of the National Defense Stockpile Transaction Fund to 

7 the Miscellaneous Receipts Fund of the United States 

8 Treasury to offset estimated costs arising from section 

9 702 and the amendments made by such section. 

10 SEC. 1005. MANAGEMENT OF PURCHASE CARDS. 

11 (a) REQUIRED SAFEGUARDS AND INTERNAL CON12 TROLS.—Section 2784 of title 10, United States Code, is 

13 amended in subsection (b)— 

14 (1) by redesignating paragraphs (3) through 

15 (10) as paragraphs (4) through (11), respectively; 

16 (2) by inserting after paragraph (2) the fol17 lowing new paragraph: 

18 ‘‘(3) That expenditures charged to the purchase 

19 card are independently received, accepted, or verified 

20 by an official with authority to authorize expendi21 tures.’’; 

22 (3) by redesignating paragraphs (9) through 

23 paragraph (11) (as previously redesignated by para24 graph (1)) as paragraphs (10) through (12), respec25 tively; and 


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1 (4) by inserting after paragraph (8) (as pre2 viously redesignated by paragraph (1)) the following 

3 new paragraph: 

4 ‘‘(9) That appropriate inventory and property 

5 systems are updated promptly in response to ex6 penditures charged to a purchase card related to 

7 pilferable property.’’. 

8 (b) PENALTIES FOR VIOLATIONS.—Section 

9 2784(c)(1) of title 10, United States Code, is amended 

10 by striking ‘‘provide for’’ and inserting ‘‘provide for the 

11 reimbursement of charges for unauthorized or erroneous 

12 purchases and for’’. 

13 Subtitle B—Policy Relating to 

14 Vessels and Shipyards 

15 SEC. 1011. CONVEYANCE, NAVY DRYDOCK, ARANSAS PASS, 

16 TEXAS. 

17 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

18 the Navy is authorized to convey the floating drydock 

19 AFDL–23, located in Aransas Pass, Texas, to Gulf Cop20 per Ship Repair, that company being the current lessee 

21 of the drydock. 

22 (b) CONDITION OF CONVEYANCE.—The Secretary 

23 shall require as a condition of the conveyance under sub24 section (a) that the drydock remain at the facilities of Gulf 


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1 Copper Ship Repair, at Aransas Pass, Texas, until at least 

2 September 30, 2010. 

3 (c) CONSIDERATION.—As consideration for the con4 veyance of the drydock under subsection (a), the pur5 chaser shall provide compensation to the United States the 

6 value of which, as determined by the Secretary, is equal 

7 to the fair market value of the drydock, as determined 

8 by the Secretary. The Secretary shall take into account 

9 amounts paid by, or due and owing from, the lessee. 

10 (d) TRANSFER AT NO COST TO UNITED STATES.— 

11 The provisions of section 7306(c) of title 10, United 

12 States Code, shall apply to the conveyance under this sec13 tion. 

14 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

15 Secretary may require such additional terms and condi16 tions in connection with the conveyance under subsection 

17 (a) as the Secretary considers appropriate to protect the 

18 interests of the United States. 

19 SEC. 1012. REPORT ON REPAIR OF NAVAL VESSEL IN FOR20 EIGN SHIPYARDS. 

21 Section 7310 of title 10, United States Code, is 

22 amended by adding at the end the following new sub23 section: 

24 ‘‘(c) REPORT.—The Secretary of the Navy shall sub25 mit to the Committees on Armed Services of the Senate 


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1 and the House of Representatives a report any time it is 

2 determined that a naval vessel (or any other vessel under 

3 the jurisdiction of the Secretary) is to undergo work for 

4 the repair of the vessel in a shipyard outside the United 

5 States or Guam. The report shall be submitted at least 

6 30 days before the repair work begins and shall contain 

7 the following: 

8 ‘‘(1) The justification under law for the repair 

9 in a foreign shipyard. 

10 ‘‘(2) The vessel to be repaired. 

11 ‘‘(3) The shipyard where the repair work will be 

12 carried out. 

13 ‘‘(4) The cost of the repair. 

14 ‘‘(5) The schedule for repair. 

15 ‘‘(6) The homeport or location of the vessel 

16 prior to its voyage for repair.’’. 

17 SEC. 1013. POLICY RELATING TO MAJOR COMBATANT VES18 SELS OF THE STRIKE FORCES OF THE 

19 UNITED STATES NAVY. 

20 Section 1012(c)(1) of the National Defense Author21 ization Act for Fiscal Year 2008 (Public Law 110–181) 

22 is amended by adding at the end the following: 

23 ‘‘(D) Amphibious assault ships, including 

24 dock landing ships (LSD), amphibious trans25 port–dock ships (LPD), helicopter assault ships 


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1 (LHA/LHD), and amphibious command ships 

2 (LCC), if such vessels exceed 15,000 dead 

3 weight ton light ship displacement.’’. 

4 SEC. 1014. NATIONAL DEFENSE SEALIFT FUND AMEND5 MENTS. 

6 Section 2218 of title 10, United States Code, is 

7 amended— 

8 (1) by striking subsection (j) and redesignating 

9 subsections (k) and (l) as subsections (j) and (k), re10 spectively; and 

11 (2) in paragraph (2) of subsection (k) (as so re12 designated), by striking subparagraphs (B) thru (I) 

13 and inserting the following new subparagraph (B): 

14 ‘‘(B) Any other auxiliary vessel that was 

15 procured or chartered with specific authoriza16 tion in law for the vessel, or class of vessels, to 

17 be funded in the National Defense Sealift 

18 Fund.’’. 

19 SEC. 1015. REPORT ON CONTRIBUTIONS TO THE DOMESTIC 

20 SUPPLY OF STEEL AND OTHER METALS 

21 FROM SCRAPPING OF CERTAIN VESSELS. 

22 Not later than 30 days after the date of the enact23 ment of this Act, the Secretary of the Navy shall submit 

24 to the congressional defense committees a report con25 taining— 


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1 (1) the estimated contribution to the domestic 

2 market for steel and other metals from the scrap3 ping of each vessel over 50,000 tons displacement 

4 stricken from the Naval Vessel Register but not yet 

5 disposed of by the Navy; and 

6 (2) a plan for the sale and disposal of such ves7 sels. 

8 Subtitle C—Counter-Drug 

9 Activities 

10 SEC. 1021. CONTINUATION OF REPORTING REQUIREMENT 

11 REGARDING DEPARTMENT OF DEFENSE EX12 PENDITURES TO SUPPORT FOREIGN 

13 COUNTER-DRUG ACTIVITIES. 

14 Section 1022(a) of the Floyd D. Spence National De15 fense Authorization Act for Fiscal Year 2001 (as enacted 

16 into law by Public Law 106–398; 114 Stat. 1654A–255), 

17 as most recently amended by section 1024 of the National 

18 Defense Authorization Act for Fiscal Year 2007 (Public 

19 Law 109–364; 120 Stat. 2383), is further amended by 

20 striking ‘‘and February 15, 2008’’ and inserting ‘‘Feb21 ruary 15, 2008, and February 15, 2009’’. 


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1 SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK 

2 FORCES TO PROVIDE SUPPORT TO LAW EN3 FORCEMENT AGENCIES CONDUCTING 

4 COUNTER-TERRORISM ACTIVITIES. 

5 Section 1022(b) of the National Defense Authoriza6 tion Act for Fiscal Year 2004 (Public Law 108–136; 10 

7 U.S.C. 371 note), as amended by section 1021 of the Na8 tional Defense Authorization Act for Fiscal Year 2008 

9 (Public Law 110–181; 122 Stat. 304), is amended by 

10 striking ‘‘2008’’ and inserting ‘‘2009’’. 

11 SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNI12 FIED COUNTER-DRUG AND 

13 COUNTERTERRORISM CAMPAIGN IN COLOM14 BIA AND CONTINUATION OF NUMERICAL LIM15 ITATION ON ASSIGNMENT OF UNITED STATES 

16 PERSONNEL. 

17 Section 1021 of the Ronald W. Reagan National De18 fense Authorization Act for Fiscal Year 2005 (Public Law 

19 108–375; 118 Stat. 2042), as amended by section 1023 

20 of the John Warner National Defense Authorization Act 

21 for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

22 2382), is further amended— 

23 (1) in subsection (a), by striking ‘‘2008’’ and 

24 inserting ‘‘2009’’; and 

25 (2) in subsection (c), by striking ‘‘2008’’ and 

26 inserting ‘‘2009’’. 


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1 SEC. 1024. EXPANSION AND EXTENSION OF AUTHORITY TO 

2 PROVIDE ADDITIONAL SUPPORT FOR 

3 COUNTER-DRUG ACTIVITIES OF CERTAIN 

4 FOREIGN GOVERNMENTS. 

5 (a) EXTENSION OF AUTHORITY.—Subsection (a)(2) 

6 of section 1033 of the National Defense Authorization Act 

7 for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

8 1881), as amended by section 1021 of the National De9 fense Authorization Act for Fiscal Year 2004 (Public Law 

10 108–136, 117 Stat. 1593), section 1022 of the John War11 ner National Defense Authorization Act for Fiscal Year 

12 2007 (Public Law 109–364; 120 Stat. 2137), and section 

13 1022 of the National Defense Authorization Act for Fiscal 

14 Year 2008 (Public Law 110–181; 122 Stat. 304), is fur15 ther amended by striking ‘‘2008’’ and inserting ‘‘2009’’. 

16 (b) ADDITIONAL GOVERNMENTS ELIGIBLE TO RE17 CEIVE SUPPORT.—Subsection (b) of such section is 

18 amended by adding at the end the following new para19 graphs: 

20 ‘‘(19) The Government of Guinea–Bissau. 

21 ‘‘(20) The Government of Senegal. 

22 ‘‘(21) The Government of Ghana.’’. 

23 (c) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Sub24 section (e)(2) of such section is amended— 

25 (1) by striking ‘‘or’’ after ‘‘2006,’’; and 


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1 (2) by striking the period at the end and insert2 ing ‘‘, or $65,000,000 during fiscal year 2009.’’. 

3 (d) CONDITION ON PROVISION OF SUPPORT.—Sub4 section (f) of such section is amended— 

5 (1) in paragraph (2), by inserting after ‘‘In the 

6 case of’’ the following: ‘‘funds appropriated for fiscal 

7 year 2009 to carry out this section and’’; and 

8 (2) in paragraph (4)(B), by striking ‘‘Com9 mittee on International Relations’’ and inserting 

10 ‘‘Committee on Foreign Affairs’’. 

11 (e) COUNTER-DRUG PLAN.—Subsection (h) of such 

12 section is amended— 

13 (1) in the matter preceding paragraph (1), by 

14 striking ‘‘fiscal year 2004’’ and inserting ‘‘fiscal year 

15 2009’’; and 

16 (2) in subparagraph (7), by striking ‘‘For the 

17 first fiscal year’’ and inserting ‘‘For fiscal year 

18 2009, and thereafter, for the first fiscal year’’. 

19 SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE 

20 STRATEGY FOR COUNTER-NARCOTICS EF21 FORTS FOR WEST AFRICA AND THE 

22 MAGHREB. 

23 (a) REPORT REQUIRED.—Not later than March 1, 

24 2009, the Secretary of Defense shall submit to the con25 gressional defense committees a comprehensive strategy of 


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1 the Department of the Defense with regard to counter2 narcotics efforts in Africa, with an emphasis on West Afri3 ca and the Maghreb. The Secretary of Defense shall pre4 pare the strategy in consultation with the Secretary of 

5 State. 

6 (b) MATTERS TO BE INCLUDED.—The comprehen7 sive strategy shall consist of a general overview and a sep8 arate detailed section for each of the following: 

9 (1) The roles and missions of the Department 

10 of Defense in support of the overall United States 

11 counter-narcotics policy for Africa. 

12 (2) The priorities for the Department of De13 fense to meet programmatic objectives one-year, 

14 three-years, and five-years after the end of fiscal 

15 year 2009, including a description of the expected 

16 allocation of resources of the Department of Defense 

17 to accomplish these priorities. 

18 (3) The efforts to coordinate the counter-nar19 cotics activities of the Department of Defense with 

20 the counter-narcotics activities of the governments 

21 eligible to receive support under section 1033 of the 

22 National Defense Authorization Act for Fiscal Year 

23 1998 (Public Law 105–85; 111 Stat. 1881) and the 

24 counter-narcotics activities in Africa of European 


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1 countries and other international and regional part2 ners. 

3 (c) PLANS.—The comprehensive strategy shall also 

4 include the following plans: 

5 (1) A detailed and comprehensive plan to utilize 

6 the capabilities and assets of Joint Inter-Agency 

7 Task Force-South of the United States Southern 

8 Command for the counter-narcotics efforts and ac9 tivities of the United States Africa Command on a 

10 temporary basis until the United States Africa Com11 mand develops its own commensurate capabilities 

12 and assets, including in the plan a description of 

13 what measures will be taken to effectuate the transi14 tion of the missions, which are accomplished using 

15 such capabilities and assets, from Joint Inter-Agen16 cy Task Force-South to United States Africa Com17 mand. 

18 (2) A detailed and comprehensive plan to en19 hance cooperation with certain African countries, 

20 which are often geographically contiguous to other 

21 African countries that have a significant narcotics22 trafficking challenges, to increase the effectiveness of 

23 the counter-narcotics activities of the Department of 

24 Defense and its international and regional partners. 


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1 SEC. 1026. COMPREHENSIVE DEPARTMENT OF DEFENSE 

2 STRATEGY FOR COUNTER-NARCOTICS EF3 FORTS IN SOUTH AND CENTRAL ASIAN RE4 GIONS. 

5 (a) REPORT REQUIRED.—Not later than March 1, 

6 2009, the Secretary of Defense shall submit to the con7 gressional defense committees a comprehensive strategy of 

8 the Department of the Defense with regard to counter9 narcotics efforts in the South and Central Asian regions, 

10 including the countries of Afghanistan, Turkmenistan, 

11 Tajikistan, Kyrgyzstan, Kazakhstan, Pakistan, and India, 

12 as well as the countries of Armenia, Azerbaijan, and 

13 China. 

14 (b) MATTERS TO BE INCLUDED.—The comprehen15 sive strategy shall consist of a general overview and a sep16 arate detailed section for each of the following: 

17 (1) The roles and missions of the Department 

18 of Defense in support of the overall United States 

19 counter-narcotics policy for countries of the South 

20 and Central Asian regions and the other countries 

21 specified in subsection (a). 

22 (2) The priorities for the Department of De23 fense to meet programmatic objectives for fiscal year 

24 2010, including a description of the expected alloca25 tion of resources of the Department of Defense to 

26 accomplish these priorities. 


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1 (3) The ongoing and planned counter-narcotics 

2 activities funded by the Department of Defense for 

3 such regions and countries, including a description 

4 of the accompanying allocation of resources of the 

5 Department of Defense to carry out these activities. 

6 (4) The efforts to coordinate the counter-nar7 cotics activities of the Department of Defense with 

8 the counter-narcotics activities of such regions and 

9 countries and the counter-narcotics activities of 

10 other international partners in such regions and 

11 countries. 

12 (5) The specific metrics used by the Depart13 ment of Defense to evaluate progress of activities to 

14 reduce the production and trafficking of illicit nar15 cotics in such regions and countries. 

16 Subtitle D—Boards and 

17 Commissions 

18 SEC. 1031. STRATEGIC COMMUNICATION MANAGEMENT 

19 BOARD. 

20 (a) IN GENERAL.—The Secretary of Defense shall es21 tablish a Strategic Communication Management Board (in 

22 this section referred to as the ‘‘Board’’) to provide advice 

23 to the Secretary on strategic direction and to help estab24 lish priorities for strategic communication activities. 

25 (b) COMPOSITION.— 


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1 (1) IN GENERAL.—The Board shall be com2 posed of members selected in accordance with this 

3 subsection. 

4 (2) MEMBERS.—The Secretary of Defense shall 

5 appoint members within 30 days after the date of 

6 the enactment of this Act, selected from among or7 ganizations within the Department of Defense re8 sponsible for strategic communication, public diplo9 macy, and public affairs, including the following: 

10 (A) Civil affairs, strategic communication, 

11 or public affairs offices of the military depart12 ments. 

13 (B) The Joint Staff. 

14 (C) The combatant commands. 

15 (D) The Office of the Secretary of De16 fense. 

17 (3) ADVISORY MEMBERS.—The Board shall ap18 point advisory members of the Board after the mem19 bers have been selected under paragraph (2), upon 

20 petition from entities seeking advisory membership. 

21 Advisory members shall be selected from the broader 

22 interagency community, and may include representa23 tives from the following; 

24 (A) The Department of State. 

25 (B) The Department of Justice. 


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1 (C) The Department of Commerce. 

2 (D) The United States Agency for Inter3 national Development. 

4 (E) The Office of the Director of National 

5 Intelligence. 

6 (F) The National Security Council. 

7 (G) The Broadcasting Board of Governors. 

8 (4) LEADERSHIP.—The Under Secretary of De9 fense for Policy (or his designee) shall chair the 

10 Board. 

11 (c) DUTIES.—The duties of the Board are as follows: 

12 (1) Provide strategic direction for efforts of the 

13 Department of Defense related to strategic commu14 nication and military support to public diplomacy. 

15 (2) Establish Department of Defense priorities 

16 in these areas. 

17 (3) Evaluate and select proposals for efforts 

18 that support the Department of Defense strategic 

19 communication mission. 

20 (4) Such other duties as the Secretary may as21 sign. 


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1 SEC. 1032. EXTENSION OF CERTAIN DATES FOR CONGRES2 SIONAL COMMISSION ON THE STRATEGIC 

3 POSTURE OF THE UNITED STATES. 

4 (a) EXTENSION OF DATES.—Section 1062 of the Na5 tional Defense Authorization Act for Fiscal Year 2008 

6 (Public Law 110–181) is amended— 

7 (1) in subsection (e) by striking ‘‘December 1, 

8 2008’’ and inserting ‘‘March 1, 2009’’; and 

9 (2) in subsection (g) by striking ‘‘June 1, 

10 2009’’ and inserting ‘‘September 30, 2009’’. 

11 (b) INTERIM REPORT.—Not later than December 1, 

12 2008, the Congressional Commission on the Strategic Pos13 ture of the United States shall submit to the President, 

14 the Secretary of Defense, the Secretary of Energy, the 

15 Secretary of State, the Committee on Armed Services of 

16 the Senate, and the Committee on Armed Services of the 

17 House of Representatives an interim report on the com18 mission’s initial findings, conclusions, and recommenda19 tions. To the extent practicable, the interim report shall 

20 address the matters required to be included in the report 

21 under subsection (e) of such section 1062. 

22 SEC. 1033. EXTENSION OF COMMISSION TO ASSESS THE 

23 THREAT TO THE UNITED STATES FROM ELEC24 TROMAGNETIC PULSE (EMP) ATTACK. 

25 (a) EXTENSION.—Section 1409 of the Floyd D. 

26 Spence National Defense Authorization Act for Fiscal 


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1 Year 2001 (as enacted into law by Public Law 106–398; 

2 114 Stat. 1654A–348; 50 U.S.C. 2301 note), as amended 

3 by section 1052(j) of the National Defense Authorization 

4 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

5 3435), is amended by striking ‘‘The Commission shall ter6 minate’’ and all that follows through the period at the end 

7 and inserting ‘‘The Commission shall terminate March 31, 

8 2012.’’. 

9 (b) ANNUAL REPORTS.—Section 1403 of that Act 

10 (114 Stat. 1654A–346; 50 U.S.C. 2301 note), as amended 

11 by section 1052(f) of the National Defense Authorization 

12 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

13 3434), is amended by adding at the end the following: 

14 ‘‘(c) ANNUAL REPORTS.—The Commission shall, not 

15 later than March 1 of each of years 2010, 2011, and 2012, 

16 submit to Congress a report— 

17 ‘‘(1) assessing the changes to the vulnerability 

18 of United States military systems and critical civil19 ian infrastructures resulting from the EMP threat 

20 and changes in the threat; 

21 ‘‘(2) describing the progress, or lack of 

22 progress, in protecting United States military sys23 tems and critical civilian infrastructures from EMP 

24 attack; and 


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1 ‘‘(3) containing recommendations to address the 

2 threat and protect United States military systems 

3 and critical civilian infrastructures from attack.’’. 

4 (c) FUNDING.—Section 1408 of that Act (114 Stat. 

5 1654A–348; 50 U.S.C. 2301 note), as amended by section 

6 1052(i) of the National Defense Authorization Act for Fis7 cal Year 2006 (Public Law 109–163; 119 Stat. 3435), is 

8 amended by adding at the end the following: ‘‘Such funds 

9 shall not exceed $3,000,000 per fiscal year.’’. 

10 (d) ADDITIONAL MEMBERS.—Effective as of the date 

11 that is 90 days after the date of the enactment of this 

12 Act— 

13 (1) section 1401 of that Act (114 Stat. 1654A– 

14 346; 50 U.S.C. 2301 note), as amended by section 

15 1052(d) of the National Defense Authorization Act 

16 for Fiscal Year 2006 (Public Law 109–163; 119 

17 Stat. 3434), is amended by striking subsections (c) 

18 and (d) and inserting the following: 

19 ‘‘(c) COMPOSITION.— 

20 ‘‘(1) IN GENERAL.—The Commission shall be 

21 composed of eleven members. 

22 ‘‘(2) DOD AND FEMA MEMBERS.—Seven of the 

23 members shall be appointed by the Secretary of De24 fense, and two of the members shall be appointed by 

25 the Director of the Federal Emergency Management 


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1 Agency. In the event of a vacancy in the membership 

2 of the Commission under this paragraph, the Sec3 retary of Defense shall appoint a new member. In 

4 selecting individuals for appointment to the Commis5 sion, the Secretary of Defense shall consult with the 

6 chairmen and ranking minority members of the 

7 Committees on Armed Services of the Senate and 

8 House of Representatives. 

9 ‘‘(3) FCC AND HHS MEMBERS.—One of the 

10 members shall be appointed by the Chairman of the 

11 Federal Communications Commission, and one of 

12 the members shall be appointed by the Secretary of 

13 Health and Human Services. In the event of a va14 cancy in the membership of the Commission under 

15 this paragraph, the vacancy shall be filled in the 

16 same manner as the original appointment under this 

17 paragraph. In selecting an individual for appoint18 ment to the Commission, the Chairman of the Fed19 eral Communications Commission shall consult with 

20 the chairmen and ranking minority members of the 

21 Committee on Commerce, Science, and Transpor22 tation of the Senate and the Committee on Energy 

23 and Commerce of the House of Representatives. In 

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1 ices shall consult with the chairmen and ranking mi2 nority members of the Committee on Health, Edu3 cation, Labor, and Pensions of the Senate and the 

4 Committee on Energy and Commerce of the House 

5 of Representatives. 

6 ‘‘(d) QUALIFICATIONS.—Members of the Commission 

7 appointed by the Secretary of Defense and the Director 

8 of the Federal Emergency Management Agency shall be 

9 appointed from among private United States citizens with 

10 knowledge and expertise in the scientific, technical, and 

11 military aspects of electromagnetic pulse effects referred 

12 to in subsection (b). The member of the Commission ap13 pointed by the Chairman of the Federal Communications 

14 Commission shall be appointed from among private United 

15 States citizens with knowledge and expertise in tele16 communications, network infrastructure and management, 

17 information services, and emergency preparedness commu18 nications. The member of the Commission appointed by 

19 the Secretary of Health and Human Services shall be ap20 pointed from among private United States citizens with 

21 knowledge and expertise in public health, including pre22 paredness for, and response to, public health emer23 gencies.’’; and 


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1 (2) section 1405 of that Act (114 Stat. 1654A– 

2 347; 50 U.S.C. 2301 note) is amended in subsection 

3 (b)(1) by striking ‘‘Five’’ and inserting ‘‘Six’’. 

4 Subtitle E—Studies and Reports 

5 SEC. 1041. REPORT ON CORROSION CONTROL AND PREVEN6 TION. 

7 (a) REPORT REQUIRED.—The Secretary of Defense, 

8 acting through the Director of Corrosion Policy and Over9 sight, shall prepare and submit to the Committees on 

10 Armed Services of the Senate and the House of Represent11 atives a report on corrosion control and prevention in 

12 weapons systems and equipment. 

13 (b) MATTERS COVERED.—The report shall include 

14 the comments and recommendations of the Department 

15 of Defense regarding potential improvements in corrosion 

16 control and prevention through earlier planning. In par17 ticular, the report shall include an evaluation and business 

18 case analysis of options for improving corrosion control 

19 and prevention in the requirements and acquisition proc20 esses of the Department of Defense for weapons systems 

21 and equipment. The evaluation shall include an analysis 

22 of the impact of such potential improvements on system 

23 acquisition costs and life cycle sustainment. The options 

24 for improved corrosion control and prevention shall in25 clude corrosion control and prevention— 


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1 (1) as a key performance parameter for assess2 ing the selection of materials and processes; 

3 (2) as a key performance parameter for 

4 sustainment; 

5 (3) as part of the capability development docu6 ment in the joint capabilities integration and devel7 opment system; and 

8 (4) as a requirement for weapons systems man9 agers to assess their corrosion control and preven10 tion requirements over a system’s life cycle and in11 corporate the results into their acquisition strategies 

12 prior to issuing a solicitation for contracts. 

13 (c) DEADLINE.—The report shall be submitted not 

14 later than February 1, 2009. 

15 (d) REVIEW BY COMPTROLLER GENERAL.—The 

16 Comptroller General shall review the report required 

17 under subsection (a), including the methodology used in 

18 the Department’s analysis, and shall provide the results 

19 of the review to the Committees on Armed Services of the 

20 Senate and the House of Representatives not later than 

21 60 days after the Department submits the report. 


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1 SEC. 1042. STUDY ON USING MODULAR AIRBORNE FIRE 

2 FIGHTING SYSTEMS (MAFFS) IN A FEDERAL 

3 RESPONSE TO WILDFIRES. 

4 (a) IN GENERAL.—The Secretary of Defense shall 

5 carry out a study to determine— 

6 (1) how to utilize the Department’s Modular 

7 Airborne Fire Fighting Systems (MAFFS) in all 

8 contingencies where there is a Federal response to 

9 wildfires; and 

10 (2) how to decrease the costs of using the De11 partment’s MAFFS when supporting National Inter12 agency Fire Center (NIFC) fire fighting operations. 

13 (b) REPORT.—Not later than 6 months after the date 

14 of the enactment of this Act, the Secretary shall submit 

15 to the congressional defense committees a report on the 

16 results of the study. 

17 SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY. 

18 (a) STUDY REQUIRED.—The Secretary of Defense 

19 and the Chairman of the Joint Chiefs of Staff shall carry 

20 out a study on Department of Defense rotorcraft surviv21 ability. The study shall— 

22 (1) with respect to actual losses of rotorcraft in 

23 combat— 

24 (A) identify the rates of such losses from 

25 1965 through 2008, measured in total annual 

26 losses by type of aircraft and by cause, with 


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1 rates for loss per flight hour and loss per sortie 

2 provided; 

3 (B) identify by category of hostile action 

4 (such as small arms, Man-Portable Air Defense 

5 Systems, and so on), the causal factors for the 

6 losses; and 

7 (C) propose candidate solutions for surviv8 ability (such as training, tactics, speed, counter9 measures, maneuverability, lethality, technology, 

10 and so on), in a prioritized list with expla11 nations, to mitigate each such causal factor, 

12 along with recommended funding adequate to 

13 achieve rates at least equal to the experience in 

14 the Vietnam conflict; 

15 (2) with respect to actual losses of rotorcraft in 

16 combat theater not related to hostile action— 

17 (A) identify the causal factors of loss in a 

18 ranked list; and 

19 (B) propose candidate solutions for surviv20 ability (such as training, tactics, speed, counter21 measures, maneuverability, lethality, technology, 

22 and so on), in a prioritized list, to mitigate each 

23 such causal factor, along with recommended 

24 funding adequate to achieve the Secretary’s 


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1 Mishap Reduction Initiative goal of not more 

2 than 0.5 mishaps per 100,000 flight hours; 

3 (3) with respect to losses of rotorcraft in train4 ing or other non-combat operations during peacetime 

5 or interwar years— 

6 (A) identify by category (such as inad7 vertent instrument meteorological conditions, 

8 wire strike, and so on) the causal factors of loss 

9 in a ranked list; and 

10 (B) identify candidate solutions for surviv11 ability and performance (such as candidate so12 lutions referred to in paragraph (2)(B) as well 

13 as maintenance, logistics, systems development, 

14 and so on) in a prioritized list, to mitigate each 

15 such causal factor, along with recommended 

16 funding adequate to achieve the goal of rotor17 craft loss rates to non-combat causes being re18 duced to 1.0; 

19 (4) identify the key technical factors (causes of 

20 mishaps that are not related to human factors) neg21 atively impacting the rotorcraft mishap rates and 

22 survivability trends, to include reliability, avail23 ability, maintainability, and other logistical consider24 ations; and 


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1 (5) identify what TACAIR is and has done dif2 ferently to have such a decrease in losses per sortie 

3 when compared to rotorcraft, to include— 

4 (A) examination of aircraft, aircraft main5 tenance, logistics, operations, and pilot and op6 erator training; 

7 (B) an emphasis on the development of 

8 common service requirements that TACAIR has 

9 implemented already which are minimizing 

10 losses within TACAIR; and 

11 (C) candidate solutions, in a prioritized 

12 list, to mitigate each causal factor with rec13 ommended funding adequate to achieve the goal 

14 of rotorcraft loss rates stated above. 

15 (b) REPORT.—Not later than August 1, 2009, the 

16 Secretary and the Chairman shall submit to the congres17 sional defense committees a report on the results of the 

18 study. 

19 SEC. 1044. STUDIES TO ANALYZE ALTERNATIVE MODELS 

20 FOR ACQUISITION AND FUNDING OF INTER21 CONNECTED CYBERSPACE SYSTEMS. 

22 (a) STUDIES REQUIRED.— 

23 (1) FFRDC.—Not later than 90 days after the 

24 date of the enactment of this Act, the Secretary of 

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1 pendent federally funded research and development 

2 center (FFRDC) to carry out a comprehensive study 

3 of policies, procedures, organization, and regulatory 

4 constraints affecting the acquisition of technologies 

5 supporting network-centric operations. The contract 

6 shall be funded from amounts appropriated or other7 wise made available to the Secretary for fiscal year 

8 2009 for operation and maintenance, Defense-wide. 

9 (2) JOINT CHIEFS OF STAFF.—Concurrently, 

10 the Chairman of the Joint Chiefs of Staff shall carry 

11 out a comprehensive study of the same subjects cov12 ered by paragraph (1). The study shall be inde13 pendent of the study required by paragraph (1) and 

14 shall be carried out in conjunction with the military 

15 departments and in coordination with the Secretary 

16 of Defense. 

17 (b) MATTERS TO BE ADDRESSED.—Each study re18 quired by subsection (a) shall address the following mat19 ters: 

20 (1) Development of a taxonomy for under21 standing the different yet key foundational compo22 nents that contribute to network-centric operations, 

23 such as data transport, processing, storage, data col24 lection, and dissemination. 


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1 (2) Mapping ongoing acquisition programs to 

2 this taxonomy. 

3 (3) Development of alternative acquisition and 

4 funding models utilizing this network-centric tax5 onomy, which might include— 

6 (A) a model under which a joint entity 

7 independent of any military service (such as the 

8 Joint Staff) is established with responsibility 

9 and control of all funding for the acquisition of 

10 technologies for network-centric operations, and 

11 with authority to oversee the incorporation of 

12 such technologies into the acquisition programs 

13 of the military departments; 

14 (B) a model under which an executive 

15 agent is established that would manage and 

16 oversee the acquisition of technologies for net17 work-centric operations, but would not have ex18 clusive ownership or control of funding for such 

19 programs; 

20 (C) a model under which the current ap21 proach to the acquisition and funding of tech22 nologies supporting network-centric operations 

23 is maintained; and 


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1 (D) any other models that the entity car2 rying out the study considers relevant and de3 serving of consideration. 

4 (4) An analysis of each of the alternative mod5 els under paragraph (3) with respect to potential 

6 gains in— 

7 (A) information sharing (collecting, proc8 essing, disseminating); 

9 (B) network commonality; 

10 (C) common communications; 

11 (D) interoperability; 

12 (E) mission impact and success; and 

13 (F) cost effectiveness. 

14 (5) An evaluation of each of the alternative 

15 models under paragraph (3) with respect to feasi16 bility, including identification of legal, policy, or reg17 ulatory barriers that would impede implementation. 

18 (c) REPORT REQUIRED.—Not later than September 

19 30, 2009, the Secretary of Defense shall submit to the 

20 congressional defense committees a report on the results 

21 of the studies required by subsection (a). The report shall 

22 include the findings and recommendations of the studies 

23 and any observations and comments that the Secretary 

24 considers appropriate. 


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1 (d) NETWORK-CENTRIC OPERATIONS DEFINED.—In 

2 this section, the term ‘‘network-centric operations’’ refers 

3 to the ability to exploit all human and technical elements 

4 of the Joint Force and mission partners through the full 

5 integration of collected information, awareness, knowl6 edge, experience, and decision-making, enabled by secure 

7 access and distribution, all to achieve agility and effective8 ness in a dispersed, decentralized, dynamic, or uncertain 

9 operational environment. 

10 SEC. 1045. REPORT ON NONSTRATEGIC NUCLEAR WEAP11 ONS. 

12 (a) FINDINGS.—Congress finds that— 

13 (1) numerous nonstrategic nuclear weapons are 

14 held in the arsenals of various countries around the 

15 world and that their prevalence and portability make 

16 them attractive targets for theft and for use by ter17 rorist organizations; 

18 (2) the United States should identify, track, 

19 and monitor these weapons as a matter of national 

20 security; 

21 (3) the United States should reevaluate the 

22 roles and missions of nonstrategic nuclear weapons 

23 within the United States’ nuclear posture; 

24 (4) the United States should assess the security 

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1 tegic nuclear weapons and should assess the risks of 

2 nonstrategic nuclear weapons being developed, ac3 quired, or utilized by other countries, particularly 

4 rogue states, and by terrorists and other non-state 

5 actors; and 

6 (5) the United States should work cooperatively 

7 with other countries to improve the security of non8 strategic nuclear weapons and to promote multilat9 eral reductions in the numbers of nonstrategic nu10 clear weapons. 

11 (b) REVIEW.—The Secretary of Defense, in consulta12 tion with the Secretary of State, the Secretary of Energy, 

13 and the Director of National Intelligence, shall conduct 

14 a review of nonstrategic nuclear weapons world-wide that 

15 includes— 

16 (1) an inventory of the nonstrategic nuclear ar17 senals of the United States and each of the other 

18 countries that possess, or is believed to possess, non19 strategic nuclear weapons, which indicates, as accu20 rately as possible, the nonstrategic nuclear weapons 

21 that are known, or are believed, to exist according 

22 to nationality, type, yield, and form of delivery, and 

23 an assessment of the methods that are currently em24 ployed to identify, track, and monitor nonstrategic 

25 nuclear weapons and their component materials; 


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1 (2) an analysis of the reliance placed on non2 strategic nuclear weapons by the United States and 

3 each of the other countries that possess, or is be4 lieved to possess, nonstrategic nuclear weapons, and 

5 an evaluation of nonstrategic nuclear weapons as de6 terrents against the use of nuclear weapons and 

7 other weapons of mass destruction by state or non8 state actors; 

9 (3) an assessment of the risks associated with 

10 the deployment, transfer, and storage of nonstra11 tegic nuclear weapons by the United States and each 

12 of the other countries that possess, or is believed to 

13 possess, nonstrategic nuclear weapons and the risks 

14 of nonstrategic nuclear weapons being employed by 

15 rogue states, terrorists, and other state or non-state 

16 actors; and 

17 (4) recommendations for— 

18 (A) mechanisms and procedures to improve 

19 security safeguards for the nonstrategic nuclear 

20 weapons of the United States and of each of 

21 the other countries that possess, or is believed 

22 to possess, nonstrategic nuclear weapons; 

23 (B) mechanisms and procedures for imple24 menting transparent multilateral reductions in 

25 nonstrategic nuclear weapons arsenals; and 


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1 (C) methods for consolidating, dismantling, 

2 and disposing of the nonstrategic nuclear weap3 ons of the United States and of each of the 

4 other countries that possess, or is believed to 

5 possess, nonstrategic nuclear weapons, includ6 ing methods of monitoring and verifying con7 solidation, dismantlement, and disposal. 

8 (c) REPORT.— 

9 (1) REPORT REQUIRED.—Not later than 180 

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

11 Secretary of Defense shall submit to Congress a re12 port on the findings and recommendations of the re13 view required under subsection (b). 

14 (2) CLASSIFICATION OF REPORT.—The report 

15 required under paragraph (1) shall be submitted in 

16 unclassified form, but it may be accompanied by a 

17 classified annex. 

18 (d) DEFINITION.—For purposes of this section, the 

19 term ‘‘nonstrategic nuclear weapon’’ means a nuclear 

20 weapon employed by land, sea, or air (including, without 

21 limitation, by short, medium and intermediate range bal22 listic missiles, air and sea launched cruise missiles, gravity 

23 bombs, torpedoes, land mines, sea mines, artillery shells, 

24 and personnel carried devices) against opposing forces, 

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1 ations that contribute to the accomplishment of a military 

2 mission of limited scope. 

3 SEC. 1046. STUDY ON NATIONAL DEFENSE IMPLICATIONS 

4 OF SECTION 1083. 

5 The Department of Defense shall study the national 

6 defense implications of section 1083 of the National De7 fense Authorization Act for Fiscal Year 2008 (Public Law 

8 110–181; 122 Stat. 338). 

9 SEC. 1047. REPORT ON METHODS DEPARTMENT OF DE10 FENSE UTILIZES TO ENSURE COMPLIANCE 

11 WITH GUAM TAX AND LICENSING LAWS. 

12 Not later than 180 days after the date of the enact13 ment of this Act, the Secretary of Defense, in consultation 

14 with the Secretary of the Navy and the Joint Guam Pro15 gram Office, shall submit to the congressional defense 

16 committees a report on the steps that the Department is 

17 taking to ensure that all contractors of the Department 

18 performing work on Guam comply with local tax and li19 censing requirements. The report shall— 

20 (1) include what language will be utilized in 

21 contract documents requiring compliance with local 

22 tax and licensing laws; 

23 (2) identify what authorities the Department 

24 will use to compliance with such local laws; and 


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1 (3) also include the steps being taken by the 

2 Department to partner with the Government of 

3 Guam Department of Revenue and Taxation to en4 sure that there is transparency and a coordination 

5 of effort to ensure that the local government has vis6 ibility of contractors performing work on Guam. 

7 SEC. 1048. STUDY ON METHODS TO VERIFIABLY REDUCE 

8 THE LIKELIHOOD OF ACCIDENTAL NUCLEAR 

9 LAUNCH. 

10 (a) STUDY REQUIRED.—The Secretary of Defense 

11 shall carry out a study to evaluate procedural and physical 

12 options for introducing into the nuclear weapons launch 

13 procedures of the United States, Russia, China, and any 

14 other strategically appropriate nations determined by the 

15 Secretary, a time-delay before a launch command can be 

16 executed that would be transparent to and verifiable by 

17 the other nations. The options studied shall encompass a 

18 wide range of possible time-delays and shall include, for 

19 each option, an analysis of— 

20 (1) the increased time, over current procedures, 

21 before a launch command can be executed; 

22 (2) the strategic risk to United States national 

23 security, including the survivability of the United 

24 States arsenal under a range of verification failures; 


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1 (3) the range of possible inspection regimes, in2 cluding the degree of verifiability that each would af3 ford; and 

4 (4) the availability of parallel options in the 

5 other nations included in such study. 

6 (b) REPORT.—Not later than 6 months after the date 

7 of enactment of this Act, the Secretary shall submit to 

8 the congressional defense committees a report on the re9 sults of the study. If a report under this subsection is sub10 mitted in classified form, the Secretary shall concurrently 

11 submit to the congressional defense committees an unclas12 sified version of such report. 

13 Subtitle F—Congressional 

14 Recognitions 

15 SEC. 1051. SENSE OF CONGRESS HONORING THE HONOR16 ABLE DUNCAN HUNTER. 

17 (a) FINDINGS.—Congress makes the following find18 ings: 

19 (1) Representative Duncan Hunter was elected 

20 to serve northern and eastern San Diego in 1980 

21 and served in the House of Representatives until the 

22 end of the 110th Congress in 2009, representing the 

23 people of California’s 52d Congressional district. 

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1 borne and 75th Ranger Regiment from 1969 to 

2 1971. 

3 (3) Representative Hunter was awarded the 

4 Bronze Star, Air Medal, National Defense Service 

5 Medal, and Vietnam Service Medal for his heroic 

6 acts during the Vietnam Conflict. 

7 (4) Representative Hunter served on the Com8 mittee on Armed Services of the House of Rep9 resentatives for 28 years, including service as Chair10 man of the Subcommittee on Military Research and 

11 Development from 2001 through 2002 and the Sub12 committee on Military Procurement from 1995 

13 through 2000, the Chairman of the full committee 

14 from 2003 through 2006, and the ranking member 

15 of the full committee from 2007 through 2008. 

16 (5) Representative Hunter has persistently ad17 vocated for a more efficient military organization on 

18 behalf of the American people, to ensure maximum 

19 war-fighting capability and troop safety. 

20 (6) Representative Hunter is known by his col21 leagues to put the security of the Nation above all 

22 else and to provide for the men and women in uni23 form who valiantly dedicate and sacrifice themselves 

24 for the protection of the Nation. 


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1 (7) Representative Hunter has demonstrated 

2 this devotion to the troops by authorizing and ensur3 ing quick deployment of add-on vehicle armor and 

4 improvised explosive device jammers, which have 

5 been invaluable in protecting the troops from attack 

6 in Iraq. 

7 (8) Representative Hunter worked to increase 

8 the size of the U.S. Armed Forces, which resulted in 

9 significant increases in the size of the Army and Ma10 rine Corps. 

11 (9) Representative Hunter has been a leader in 

12 ensuring sufficient force structure and end-strength, 

13 including through the 2006 Committee Defense Re14 view, to meet any challenges to the Nation. His ef15 forts to increase the size of the Army and Marine 

16 Corps have been enacted by the Congress and imple17 mented by the Administration. 

18 (10) Representative Hunter is a leading advo19 cate for securing America’s borders. 

20 (11) Representative Hunter led efforts to 

21 strengthen the United States Industrial Base by en22 acting legislation that ensures the national industrial 

23 base will be able to design and manufacture those 

24 products critical to America’s national security. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the Honorable Duncan Hunter, Representative 

3 from California, has discharged his official duties with in4 tegrity and distinction, has served the House of Rep5 resentatives and the American people selflessly, and de6 serves the sincere and humble gratitude of Congress and 

7 the Nation. 

8 SEC. 1052. SENSE OF CONGRESS IN HONOR OF THE HONOR9 ABLE JIM SAXTON, A MEMBER OF THE HOUSE 

10 OF REPRESENTATIVES. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) Representative Hugh James ‘‘Jim’’ Saxton 

14 was elected in November 1984 to fill both the unex15 pired term of Congressman Edwin B. Forsythe in 

16 the 98th Congress, and the open seat for the 99th 

17 Congress. 

18 (2) Representative Saxton is a senior member 

19 of the Committee on Armed Services, having served 

20 on the committee since 1989, and is today the rank21 ing Member of its Air and Land Forces Sub22 committee in the 110th Congress, 2007–2008. 

23 (3) Representative Saxton is one of the few 

24 Members to have ever represented a district that in25 cluded active-duty Army, Navy, and Air Force bases. 


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1 (4) Representative Saxton served as Chairman 

2 of the Military Installations and Facilities Sub3 committee from 2001 to 2002, and Chairman of the 

4 Terrorism and Unconventional Threats and Capa5 bilities Subcommittee from 2003 to 2006. 

6 (5) Representative Saxton has served soldiers, 

7 sailors, airmen, and Department of Defense civilians 

8 and military families in New Jersey, the United 

9 States, and around the world, regarding issues of 

10 fair pay, housing modernization, benefits, health 

11 care, force protection, and other issues. 

12 (6) Representative Saxton worked diligently and 

13 successfully to save all three military bases in south14 ern New Jersey—Fort Dix, McGuire Air Force 

15 Base, and Lakehurst Naval Air Engineering Station. 

16 (7) Representative Saxton secured the future of 

17 the three bases by having the foresight to encourage 

18 them to participate in multiple inter-service joint 

19 projects and exercises for more than 10 years prior 

20 to the 2005 base realignment and closure (BRAC) 

21 action that directed that they become a single, joint 

22 installation, the Nation’s only Army-Navy-Air Force 

23 base, to be stood-up in 2009 as Joint Base McGuire24 Dix-Lakehurst. 


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1 (8) Representative Saxton has helped modernize 

2 Fort Dix, McGuire Air Force Base, and Lakehurst 

3 Navy Base, by working with Secretaries and Chiefs 

4 of the Army, Navy, Marines, and Air Force, and 

5 other officials, and in particular the Army Reserve, 

6 Army National Guard, National Guard Bureau, Air 

7 National Guard, Air Mobility Command, and Air 

8 Force Reserve, to enhance the three bases’ national 

9 security missions and bring $1,800,000,000 in infra10 structure during his tenure. 

11 (9) Representative Saxton saved the 1,400- 

12 member 108th New Jersey Air National Guard Air 

13 Refueling Wing from dismantlement in 2005 by di14 recting that newer KC–135R Stratotanker aircraft 

15 be sent to replace retiring KC–135 E model aircraft. 

16 (10) Representative Saxton saved the cargo air17 lift mission of McGuire Air Force Base by bringing 

18 a squadron of C–17 Globemasters to McGuire after 

19 the mandatory retirement of all of the bases’ C–141 

20 Starlifter transports, and worked to procure many 

21 other C–17s for other bases across the country to 

22 perform the Nation’s airlift missions. 

23 (11) Representative Saxton took the leadership 

24 role in bringing the mothballed battleship USS New 

25 Jersey home to the Delaware River from where it 


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1 was launched in 1943, so it could become a naval 

2 museum and monument to the 20th Century con3 flicts in which the dreadnought served. 

4 (12) Representative Saxton, a long time advo5 cate of anti terrorism efforts, served as the Chair6 man of the House Task Force on Terrorism and 

7 Unconventional Warfare from 1996 to 2003. 

8 (13) Representative Saxton in 1998 helped cre9 ate and later expand the Weapons of Mass Destruc10 tion Civil Support Teams (WMD–CST) program in 

11 the National Guard, ultimately leading to a WMD– 

12 CST in each State and territory to respond to do13 mestic terrorism. 

14 (14) Representative Saxton was appointed by 

15 the Speaker of the House of Representatives in 

16 March 2000 to be chairman of the Committee on 

17 Armed Services’ newly formed Special Oversight 

18 Panel on Terrorism, due to long advocacy of anti19 terrorism preparedness. 

20 (15) Representative Saxton is a long-time sup21 porter of the warriors of the Special Operations 

22 Command (SOCOM), both before and after the at23 tacks of September 11, 2001, and has met with spe24 cial operators in Washington, D.C., at SOCOM 

25 bases in the United States, and in theater. 


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1 (16) Representative Saxton worked for over a 

2 decade to create the first terrorism subcommittee on 

3 the Committee on Armed Services, becoming its first 

4 chairman when the Subcommittee on Terrorism and 

5 Unconventional Threats and Capabilities organized 

6 in 2003 with oversight of United States elite forces, 

7 including Army Rangers, Green Berets, Navy 

8 SEALS, and Marine Special Forces. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that the Honorable Jim Saxton, Representative from 

11 New Jersey, has discharged his official duties with integ12 rity and distinction, has served the House of Representa13 tives and the American people selflessly, and deserves the 

14 sincere and humble gratitude of Congress and the Nation. 

15 SEC. 1053. SENSE OF CONGRESS HONORING THE HONOR16 ABLE TERRY EVERETT. 

17 (a) FINDINGS.—Congress makes the following find18 ings: 

19 (1) Representative Terry Everett was elected to 

20 represent Alabama’s 2d Congressional district in 

21 1992 and served in the House of Representatives 

22 until the end of the 110th Congress in 2008 with 

23 distinction, class, integrity, and honor. 

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1 resentatives for 16 years, including service as Chair2 man of the Subcommittee on Strategic Forces from 

3 2002 through 2006 and, from 2006 through 2008, 

4 as Ranking Member of the Subcommittee on Stra5 tegic Forces. 

6 (3) Representative Everett’s colleagues know 

7 him to be a fair and effective lawmaker who worked 

8 for the national interest while always serving South9 eastern Alabama. 

10 (4) Representative Everett’s efforts on the 

11 Committee on Armed Services have been instru12 mental to the military value of, and quality of life 

13 at, military installations in Southeastern Alabama, 

14 including Maxwell-Gunter Air Force Base in Mont15 gomery, home of Air University, and Fort Rucker in 

16 the Wiregrass area, home of the Army’s Aviation 

17 Warfighting Center. 

18 (5) Representative Everett has been a leader in 

19 efforts to develop and deploy robust and effective 

20 space and intelligence capabilities and missile de21 fense systems to enhance the capabilities of the 

22 Armed Forces and protect the American people, the 

23 United States and its deployed troops, and allies of 

24 the United States. 


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1 (6) Representative Everett also has been a lead2 er on issues relating to national security space ac3 tivities and missile defense space activities. 

4 (b) SENSE OF CONGRESS.—It is the Sense of Con5 gress that the Honorable Terry Everett, Representative 

6 from Alabama, has served the House of Representatives 

7 and the American people selflessly, and deserves the sin8 cere and humble gratitude of Congress and the Nation. 

9 SEC. 1054. SENSE OF CONGRESS HONORING THE HONOR10 ABLE JO ANN DAVIS. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) Representative Jo Ann Davis was elected to 

14 the House of Representatives in November 2000 fol15 lowing the late Congressman Herbert H. Bateman. 

16 (2) Representative Davis was the second woman 

17 elected to Congress in the Commonwealth of Vir18 ginia, and the first Republican woman elected to 

19 Congress in the Commonwealth of Virginia. 

20 (3) Representative Davis was a member of the 

21 Committee on Armed Services, serving as Ranking 

22 Member of the Readiness Subcommittee in the 

23 110th Congress. 

24 (4) Representative Davis served soldiers, sail25 ors, airmen and Department of Defense civilians and 


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1 military personnel regarding issues of health care, 

2 modernization, benefits, force protection and other 

3 issues. 

4 (5) Representative Davis also served on the 

5 House Permanent Select Committee on Intelligence 

6 in the 109th Congress and as Chairwoman of the 

7 Subcommittee on Intelligence Policy. 

8 (6) Representative Davis, a strong proponent of 

9 Naval Force Structure, helped secure construction 

10 on the Navy’s next-generation aircraft carrier, 

11 CVN–21, during her tenure. 

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that the Honorable Jo Ann Davis, a late Representa14 tive from Virginia, performed her official duties with in15 tegrity and distinction, served the House of Representa16 tives and the American people selflessly, and deserves the 

17 sincere and humble gratitude of Congress and the Nation. 

18 Subtitle G—Other Matters 

19 SEC. 1061. AMENDMENT TO ANNUAL SUBMISSION OF IN20 FORMATION REGARDING INFORMATION 

21 TECHNOLOGY CAPITAL ASSETS. 

22 Section 351(a)(2) of the Bob Stump National De23 fense Authorization Act for Fiscal Year 2003 (Public Law 

24 107–314; 116 Stat. 2516), is amended to read as follows: 


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1 ‘‘(2) Information technology capital assets 

2 that— 

3 ‘‘(A) have an estimated total cost for the 

4 fiscal year for which the budget is submitted in 

5 excess of $30,000,000; 

6 ‘‘(B) have been determined by the Chief 

7 Information Officer of the Department of De8 fense and the Director of the Office of Manage9 ment and Budget to be significant investments; 

10 and 

11 ‘‘(C) with respect to which the Department 

12 of Defense is required to submit a capital asset 

13 plan to the Office of Management and Budget 

14 in accordance with section 300 of Office of 

15 Management and Budget Circular A–11.’’. 

16 SEC. 1062. RESTRICTION ON DEPARTMENT OF DEFENSE RE17 LOCATION OF MISSIONS OR FUNCTIONS 

18 FROM CHEYENNE MOUNTAIN AIR FORCE STA19 TION. 

20 The Secretary of Defense may not relocate, make 

21 preparations for relocation, or undertake the relocation of 

22 any mission or function from Cheyenne Mountain Air 

23 Force Station until 30 days after the date on which the 

24 Secretary of Defense submits to the congressional defense 

25 committees certification in writing that the Secretary inVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00524 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 tends to relocate the mission or function. Such certifi2 cation shall be comprised of a report, which shall in3 clude— 

4 (1) a description of the mission or function to 

5 be relocated; 

6 (2) the validated requirements for relocation of 

7 the mission or function, and the benefits of such re8 location; 

9 (3) the estimate of the total costs associated 

10 with such relocation; 

11 (4) the results of independent vulnerability, se12 curity, and risk assessments of the relocation of the 

13 mission or function; and 

14 (5) the Secretary’s implementation plan for 

15 mitigating any security or vulnerability risk identi16 fied through an independent assessment referred to 

17 in paragraph (4), including the cost, schedule, and 

18 personnel estimates associated with such plan. 

19 SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS. 

20 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

21 United States Code, is amended as follows: 

22 (1) The table of sections at the beginning of 

23 chapter 2 is amended by inserting after the item re24 lating to 118a the following new item: 

‘‘118b. Quadrennial roles and missions review.’’. 


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1 (2) The table of sections at the beginning of 

2 chapter 5 is amended in the item relating to section 

3 156 by inserting a period at the end. 

4 (3) The table of sections at the beginning of 

5 chapter 7 is amended in the item relating to section 

6 183 by inserting a period at the end. 

7 (4) Section 1477(e) is amended by inserting a 

8 period at the end. 

9 (5) Section 2192a is amended— 

10 (A) in subsection (e)(4), by striking ‘‘title 

11 11, United States Code,’’ and inserting ‘‘title 

12 11’’; and 

13 (B) in subsection (f), by striking ‘‘title 10, 

14 United States Code’’ and inserting ‘‘this title’’. 

15 (6) The table of chapters at the beginning of 

16 subtitle C of such title, and the table of chapters at 

17 the beginning of part IV of such subtitle, are each 

18 amended by striking the item relating to chapter 

19 667 and inserting the following new item: 

‘‘667. Issue of Serviceable Material Other Than to Armed 

Forces ......................................................................... 7911’’. 

20 (b) NATIONAL DEFENSE AUTHORIZATION ACT FOR

21 FISCAL YEAR 2008.—Effective as of January 28, 2008, 

22 and as if included therein as enacted, the National De23 fense Authorization Act for Fiscal Year 2008 (Public Law 

24 110–181) is amended as follows: 


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1 (1) Section 371(c) is amended by striking 

2 ‘‘ ‘operational strategies’ ’’ and inserting ‘‘ ‘oper3 ational systems’ ’’. 

4 (2) Section 585(b)(3)(C) (122 Stat. 132) is 

5 amended by inserting ‘‘both places it appears’’ be6 fore the period at the end. 

7 (3) Section 703(b) is amended by striking ‘‘as 

8 amended by’’ and inserting ‘‘as inserted by’’. 

9 (4) Section 805(a) is amended by striking ‘‘Act 

10 ,’’ and inserting ‘‘Act,’’. 

11 (5) Section 883(b) is amended by striking ‘‘Sec12 tion 832(c)(1) of such Act, as redesignated by sub13 section (a), is amend by’’ and inserting ‘‘Section 

14 832(b)(1) of such Act is amended by’’. 

15 (6) Section 890(d)(2) is amended by striking 

16 ‘‘sections’’ and inserting ‘‘parts’’. 

17 (7) Section 904(a)(4) is amended by striking 

18 ‘‘131(b)(2)’’ and inserting ‘‘131(b)’’. 

19 (8) Section 954(a)(3)(B) (122 Stat. 294) is 

20 amended by inserting ‘‘, as redesignated by section 

21 524(a)(1)(A),’’ after ‘‘of such title’’. 

22 (9) Section 954(b)(2) (122 Stat. 294) is 

23 amended— 


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1 (A) by striking ‘‘2114(e) of such title’’ and 

2 inserting ‘‘2114(f) of such title, as redesignated 

3 by section 524(a)(1)(A),’’; and 

4 (B) by striking the period at the end and 

5 inserting ‘‘and inserting ‘President’.’’. 

6 (10) Section 1063(d)(1) (122 Stat. 323) is 

7 amended by striking ‘‘semicolon’’ and inserting 

8 ‘‘comma’’. 

9 (11) Section 1229(i)(3) (122 Stat. 383) is 

10 amended by striking ‘‘publically’’ and inserting 

11 ‘‘publicly’’. 

12 (12) Section 1422(e)(2) (122 Stat. 422) is 

13 amended by striking ‘‘subsection (c)’’ and inserting 

14 ‘‘subsection (c)(1)’’. 

15 (13) Section 1602(4) (122 Stat. 432) is amend16 ed by striking ‘‘section 411 h(b)’’ and inserting 

17 ‘‘section 411h(b)(1)’’. 

18 (14) Section 1617(b) (122 Stat. 449) is amend19 ed by striking ‘‘by adding at the end’’ and inserting 

20 ‘‘by inserting after the item relating to section 

21 1074k’’. 

22 (15) Section 2106 (122 Stat. 508) is amended 

23 by striking ‘‘for 2007’’ both places it appears and 

24 inserting ‘‘for Fiscal Year 2007’’. 


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1 (16) Section 2826(a)(2)(A) (122 Stat. 546) is 

2 amended by striking ‘‘the Army’’ and inserting 

3 ‘‘Army’’. 

4 (c) TITLE 31, UNITED STATES CODE.—Title 31, 

5 United States Code, is amended as follows: 

6 (1) Chapter 35 is amended by striking the first 

7 section 3557. 

8 (2) The second section 3557 is amended in the 

9 section heading by striking ‘‘Public-Private’’ and 

10 inserting ‘‘public-private’’. 

11 (3) The table of sections at the beginning of 

12 chapter 35 is amended by striking the second item 

13 relating to section 3557. 

14 (d) TITLE 28, UNITED STATES CODE.—Section 

15 1491(b) of title 28, United States Code, is amended by 

16 striking the first paragraph (5). 

17 (e) RONALD W. REAGAN NATIONAL DEFENSE AU18 THORIZATION ACT FOR FISCAL YEAR 2005.—Section 

19 721(e) of the Ronald W. Reagan National Defense Au20 thorization Act for Fiscal Year 2005 (Public Law 108– 

21 375; 118 Stat. 1988; 10 U.S.C. 1092 note) is amended 

22 by striking ‘‘fiscal years 2005’’ and all that follows 

23 through ‘‘2010’’ and inserting ‘‘fiscal years 2005 through 

24 2010’’. 


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1 (f) PUBLIC LAW 106–113.—Effective as of Novem2 ber 29, 1999, and as if included therein as enacted, section 

3 553 of the Foreign Operations, Export Financing, and Re4 lated Programs Appropriations Act, 2000 (as enacted into 

5 law by section 1000(a)(2) of Public Law 106–113 (113 

6 Stat. 1535, 1501A–99)) is amended by striking ‘‘five-year 

7 period’’ and inserting ‘‘eight-year period’’. 

8 SEC. 1064. SUBMISSION TO CONGRESS OF REVISION TO 

9 REGULATION ON ENEMY PRISONERS OF WAR, 

10 RETAINED PERSONNEL, CIVILIAN INTERN11 EES, AND OTHER DETAINEES. 

12 (a) SUBMISSION TO CONGRESS.—No activity relating 

13 to a successor regulation to Army Regulation 190–8 

14 Enemy Prisoners of War, Retained Personnel, Civilian In15 ternees and Other Detainees (dated October 1, 1997) may 

16 be carried out until the date that is 60 days after the date 

17 on which the Secretary of Defense submits to the Commit18 tees on Armed Services of the Senate and House of Rep19 resentatives such successor regulation. 

20 (b) SAVINGS CLAUSE.—Nothing in this section shall 

21 affect the continued effectiveness of Army Regulation 

22 190–8 Enemy Prisoners of War, Retained Personnel, Ci23 vilian Internees and Other Detainees (dated October 1, 

24 1997). 


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1 SEC. 1065. AUTHORIZATION OF APPROPRIATIONS FOR PAY2 MENTS TO PORTUGUESE NATIONALS EM3 PLOYED BY THE DEPARTMENT OF DEFENSE. 

4 (a) AUTHORIZATION FOR PAYMENTS.—Subject to 

5 subsection (b), the Secretary of Defense may authorize 

6 payments to Portuguese nationals employed by the De7 partment of Defense in Portugal, for the difference be8 tween— 

9 (1) the salary increases resulting from section 

10 8002 of the Department of Defense Appropriations 

11 Act, 2006 (Public Law 109–148 119 Stat. 2697; 10 

12 U.S.C. 1584 note) and section 8002 of the Depart13 ment of Defense Appropriations Act, 2007 (Public 

14 Law 109–289; 120 Stat. 1271; 10 U.S.C. 1584 

15 note); and 

16 (2) salary increases supported by the Depart17 ment of Defense Azores Foreign National wage sur18 veys for survey years 2006 and 2007. 

19 (b) LIMITATION.—The authority provided in sub20 section (a) may be exercised only if— 

21 (1) the wage survey methodology described in 

22 the United States—Portugal Agreement on Coopera23 tion and Defense, with supplemental technical and 

24 labor agreements and exchange of notes, signed at 

25 Lisbon on June 1, 1995, and entered into force on 

26 November 21, 1995, is eliminated; and 


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1 (2) the agreements and exchange of notes re2 ferred to in paragraph (1) and any implementing 

3 regulations thereto are revised to explicitly state the 

4 requirement that future increases in the pay of Por5 tuguese nationals employed by the Department of 

6 Defense in Portugal are to be made in compliance 

7 with United States law and regulations prescribed 

8 by the Secretary of Defense. 

9 (c) AUTHORIZATION FOR APPROPRIATION.—There is 

10 authorized to be appropriated to the Secretary of Defense 

11 $240,000 for fiscal year 2009 for the purpose of the pay12 ments authorized by subsection (a). 

13 SEC. 1066. STATE DEFENSE FORCE IMPROVEMENT. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) Domestic threats to national security and 

17 the increased use of National Guard forces for out18 of-State deployments greatly increase the potential 

19 for service by members of State defense forces estab20 lished under section 109(c) of title 32, United States 

21 Code. 

22 (2) The efficacy of State defense forces is im23 peded by lack of clarity in the Federal regulations 

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1 els of coordination and cooperation between those 

2 forces and the Department of Defense. 

3 (3) The State defense forces suffer from lack of 

4 standardized military training, arms, equipment, 

5 support, and coordination with the Department of 

6 Defense as a result of real and perceived Federal 

7 regulatory impediments. 

8 (b) RECOGNITION AND SUPPORT FOR STATE DE9 FENSE FORCES.—Section 109 of title 32, United States 

10 Code, is amended— 

11 (1) by redesignating subsections (d) and (e) as 

12 subsections (j) and (k), respectively; and 

13 (2) by inserting after subsection (c) the fol14 lowing new subsections: 

15 ‘‘(d) RECOGNITION.—Congress hereby recognizes 

16 forces established under subsection (c) as an integral mili17 tary component of the United States, while reaffirming 

18 that those forces remain entirely State regulated, orga19 nized, and equipped and recognizing that those forces will 

20 be used exclusively at the local level and in accordance 

21 with State law. 

22 ‘‘(e) ASSISTANCE BY DEPARTMENT OF DEFENSE.— 

23 (1) The Secretary of Defense may coordinate with, and 

24 provide assistance to, a defense force established under 

25 subsection (c) to the extent such assistance is requested 


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1 by a State or by a force established under subsection (c) 

2 and subject to the provisions of this section. 

3 ‘‘(2) The Secretary may not provide assistance under 

4 paragraph (1) if, in the judgment of the Secretary, such 

5 assistance would— 

6 ‘‘(A) impede the ability of the Department of 

7 Defense to execute missions of the Department; 

8 ‘‘(B) take resources away from warfighting 

9 units; 

10 ‘‘(C) incur nonreimbursed identifiable costs; or 

11 ‘‘(D) consume resources in a manner incon12 sistent with the mission of the Department of De13 fense. 

14 ‘‘(f) USE OF DEPARTMENT OF DEFENSE PROPERTY

15 AND EQUIPMENT.—The Secretary of Defense may author16 ize qualified personnel of a force established under sub17 section (c) to use and operate property, arms, equipment, 

18 and facilities of the Department of Defense as needed in 

19 the course of training activities and State active duty. 

20 ‘‘(g) TRANSFER OF EXCESS EQUIPMENT.—(1) The 

21 Secretary of Defense may transfer to a State or a force 

22 established under subsection (c) any personal property of 

23 the Department of Defense that the Secretary determines 

24 is— 


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1 ‘‘(A) excess to the needs of the Department of 

2 Defense; and 

3 ‘‘(B) suitable for use by a force established 

4 under subsection (c). 

5 ‘‘(2) The Secretary of Defense may transfer personal 

6 property under this section only if— 

7 ‘‘(A) the property is drawn from existing stocks 

8 of the Department of Defense; 

9 ‘‘(B) the recipient force established under sub10 section (c) accepts the property on an as-is, where11 is basis; 

12 ‘‘(C) the transfer is made without the expendi13 ture of any funds available to the Department of 

14 Defense for the procurement of defense equipment; 

15 and 

16 ‘‘(D) all costs incurred subsequent to the trans17 fer of the property are borne or reimbursed by the 

18 recipient. 

19 ‘‘(3) Subject to paragraph (2)(D), the Secretary may 

20 transfer personal property under this section without 

21 charge to the recipient force established under subsection 

22 (c). 

23 ‘‘(h) FEDERAL/STATE TRAINING COORDINATION.— 

24 (1) Participation by a force established under subsection 


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1 (c) in a training program of the Department of Defense 

2 is at the discretion of the State. 

3 ‘‘(2) Nothing in this section may be construed as re4 quiring the Department of Defense to provide any training 

5 program to any such force. 

6 ‘‘(3) Any such training program shall be conducted 

7 in accordance with an agreement between— 

8 ‘‘(A) the Secretary of Defense; and 

9 ‘‘(B) the State or the force established under 

10 subsection (c) if so authorized by State law. 

11 ‘‘(4) Any direct costs to the Department of Defense 

12 of providing training assistance to a force established 

13 under subsection (c) shall be reimbursed by the State. Any 

14 agreement under paragraph (3) between the Department 

15 of Defense and a State or a force established under sub16 section (c) for such training assistance shall provide for 

17 payment of such costs. 

18 ‘‘(i) FEDERAL FUNDING OF STATE DEFENSE

19 FORCES.—Funds available to the Department of Defense 

20 may not be made available to a State defense force.’’. 

21 (c) DEFINITION OF STATE.— 

22 (1) DEFINITION.—Such section is further 

23 amended by adding at the end the following new 

24 subsection: 


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1 ‘‘(l) STATE DEFINED.—In this section, the term 

2 ‘State’ includes the District of Columbia, the Common3 wealth of Puerto Rico, Guam, and the Virgin Islands.’’. 

4 (2) CONFORMING AMENDMENTS.—Such section 

5 is further amended in subsections (a), (b), and (c) 

6 by striking ‘‘a State, the Commonwealth of Puerto 

7 Rico, the District of Columbia, Guam, or the Virgin 

8 Islands’’ each place it appears and inserting ‘‘a 

9 State’’. 

10 (d) STYLISTIC AMENDMENTS.—Such section is fur11 ther amended— 

12 (1) in subsection (a), by inserting ‘‘PROHIBI13 TION ON MAINTENANCE OF OTHER TROOPS.—’’ 

14 after ‘‘(a)’’; 

15 (2) in subsection (b), by inserting ‘‘USE WITH16 IN STATE BORDERS.—’’ after ‘‘(b)’’; 

17 (3) in subsection (c), by inserting ‘‘STATE DE18 FENSE FORCES AUTHORIZED.—’’ after ‘‘(c)’’; 

19 (4) in subsection (j), as redesignated by sub20 section (a)(1), by inserting ‘‘EFFECT OF MEMBER21 SHIP IN DEFENSE FORCES.—’’ after ‘‘(j)’’; and 

22 (5) in subsection (k), as redesignated by sub23 section (a)(1), by inserting ‘‘PROHIBITION ON RE24 SERVE COMPONENT MEMBERS JOINING DEFENSE

25 FORCES.—’’ after ‘‘(k)’’. 


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1 (e) CLERICAL AMENDMENTS.— 

2 (1) SECTION HEADING.—The heading of such 

3 section is amended to read as follows: 

4 ‘‘§ 109. Maintenance of other troops: State defense 

5 forces’’. 

6 (2) CLERICAL AMENDMENT.—The item relating 

7 to such section in the table of sections at the begin8 ning of chapter 1 of such title is amended to read 

9 as follows: 

‘‘109. Maintenance of other troops: State defense forces.’’. 

10 SEC. 1067. BARNEGAT INLET TO LITTLE EGG INLET, NEW 

11 JERSEY. 

12 (a) PROJECT MODIFICATION.—The project for hurri13 cane and storm damage reduction, Barnegat Inlet to Little 

14 Egg Inlet, New Jersey, authorized by section 101(a)(1) 

15 of the Water Resources Development Act of 2000 (114 

16 Stat. 2576), is modified to authorize the Secretary of the 

17 Army to undertake, at Federal expense, such measures as 

18 the Secretary determines to be necessary and appropriate 

19 in the public interest to address the handling of munitions 

20 placed on the beach during construction of the project be21 fore the date of enactment of this section. 

22 (b) TREATMENT OF COSTS.—Costs incurred in car23 rying out subsection (a) shall not be considered to be a 

24 cost of constructing the project. 


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1 (c) CREDIT.—The Secretary shall credit, in accord2 ance with section 221 of the Flood Control Act of 1970 

3 (42 U.S.C. 1962d-5b), toward the non-Federal share of 

4 the cost of the project the costs incurred by the non-Fed5 eral interest with respect to the removal and handling of 

6 the munitions referred to in subsection (a). 

7 (d) ELIGIBLE ACTIVITIES.—Measures authorized by 

8 subsection (a) include monitoring, removal, and disposal 

9 of the munitions referred to in subsection (a). 

10 (e) FUNDING.—Of the amounts authorized to be ap11 propriated by section 301(13) of this Act, $7,175,000 is 

12 authorized to carry out subsection (a). 

13 SEC. 1068. SENSE OF CONGRESS REGARDING THE ROLES 

14 AND MISSIONS OF THE DEPARTMENT OF DE15 FENSE AND OTHER NATIONAL SECURITY IN16 STITUTIONS. 

17 It is the sense of Congress as follows: 

18 (1) To ensure the future security of the United 

19 States, all of the national security organizations of 

20 the Federal Government must work together more 

21 effectively. 

22 (2) The conflicts in Iraq and Afghanistan have 

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1 ments and agencies that contribute to the relations 

2 of the United States with the world. 

3 (3) As the largest national security organiza4 tion, the Department of Defense must effectively col5 laborate in both a supported and supporting role 

6 with other departments and agencies. 

7 (4) Section 941 of Public Law 110–181 created 

8 an opportunity for the Department of Defense to ad9 dress internal assignments of functions. 

10 (5) The Initial Perspectives report of the Panel 

11 on Roles and Missions of the Committee on Armed 

12 Services of the House of Representatives illustrated 

13 the following three levels of coordination that must 

14 be improved: 

15 (A) Inter-agency coordination. 

16 (B) Department of Defense-wide coordina17 tion. 

18 (C) Inter-service coordination. 

19 (6) Institutionalizing effective coordination 

20 within and among the national security organiza21 tions of the Federal Government may require funda22 mental reform. 


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1 SEC. 1069. SENSE OF CONGRESS RELATING TO 2008 SUP2 PLEMENTAL APPROPRIATIONS. 

3 It is the sense of Congress that readiness shortfalls 

4 exist within the Armed Forces of the United States, thus 

5 increasing risk to the national security of the United 

6 States. Congress has provided, and will continue to pro7 vide, funds to address the readiness shortfalls in the 

8 Armed Forces of the United States. 

9 SEC. 1070. SENSE OF CONGRESS REGARDING DEFENSE RE10 QUIREMENTS OF THE UNITED STATES. 

11 It is the sense of Congress that the defense require12 ments of the United States should be based upon a com13 prehensive national security strategy and fully funded to 

14 counter present and emerging threats. 

15 SEC. 1071. STANDING ADVISORY PANEL ON IMPROVING IN16 TEGRATION BETWEEN THE DEPARTMENT OF 

17 DEFENSE, THE DEPARTMENT OF STATE, AND 

18 THE UNITED STATES AGENCY FOR INTER19 NATIONAL DEVELOPMENT ON MATTERS OF 

20 NATIONAL SECURITY. 

21 (a) ESTABLISHMENT OF ADVISORY PANEL.—The 

22 Secretary of Defense, the Secretary of State, and the Ad23 ministrator of the United States Agency for International 

24 Development shall jointly establish an advisory panel to 

25 review the respective roles and responsibilities of the De26 partment of Defense, the Department of State, and the 


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1 United States Agency for International Development in 

2 the national security collaborative system. 

3 (b) MEMBERSHIP.— 

4 (1) COMPOSITION.—The advisory panel shall be 

5 composed of 12 members, of whom— 

6 (A) three shall be appointed by the Sec7 retary of Defense, in consultation with the Sec8 retary of State and the Administrator; 

9 (B) three shall be appointed by the Sec10 retary of Defense, in consultation with the 

11 Chairman of the Joint Chiefs of Staff, the Sec12 retary of State, and the Administrator; 

13 (C) three shall be appointed by the Sec14 retary of State, in consultation with the Sec15 retary of Defense and the Administrator; and 

16 (D) three shall be appointed by the Admin17 istrator, in consultation with the Secretary of 

18 Defense and the Secretary of State. 

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

20 Secretary of State, and the Administrator shall 

21 jointly designate one member as chairman. 

22 (3) VICE CHAIRMAN.—The Secretary of De23 fense, the Secretary of State, and the Administrator 

24 shall jointly designate one member as vice chairman. 

25 The vice chairman may not be a member appointed 


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1 to the advisory panel under paragraph (1) by the 

2 same Secretary or Administrator that appointed the 

3 chairman to the advisory panel under paragraph (1). 

4 (4) EXPERTISE.—Members of the advisory 

5 panel shall be private citizens of the United States 

6 with national recognition and significant experience 

7 in the Federal Government, the Armed Forces, pub8 lic administration, foreign affairs, or development. 

9 (5) DEADLINE FOR APPOINTMENT.—All mem10 bers of the advisory panel shall be appointed not 

11 earlier than January 20, 2009, and not later than 

12 March 20, 2009. 

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

14 advisory panel is for the life of the advisory panel. 

15 (7) VACANCIES.—A vacancy in the advisory 

16 panel shall be filled not later than 30 days after 

17 such vacancy occurs and in the manner in which the 

18 original appointment was made. 

19 (8) SECURITY CLEARANCES.—The appropriate 

20 departments or agencies of the Federal Government 

21 shall cooperate with the advisory panel in expedi22 tiously providing to the members and staff appro23 priate security clearances to the extent possible pur24 suant to existing procedures and requirements, ex25 cept that no person shall be provided with access to 


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1 classified information under this section without the 

2 appropriate security clearances. 

3 (9) STATUS.—A member of the advisory board 

4 who is not otherwise employed by the Federal Gov5 ernment shall not be considered to be a Federal em6 ployee, except for the purposes of chapter 81 of title 

7 5, United States Code, and chapter 171 of title 28, 

8 United States Code. 

9 (10) EXPENSES.—The members of the advisory 

10 panel shall be allowed travel expenses, including per 

11 diem in lieu of subsistence, at rates authorized for 

12 employees of agencies under subchapter I of chapter 

13 57 of title 5, while away from their homes or regular 

14 places of business in the performance of services for 

15 the advisory panel. 

16 (c) MEETINGS AND PROCEDURES.— 

17 (1) INITIAL MEETING.—The advisory panel 

18 shall conduct its first meeting not later than 30 days 

19 after the date that all appointments to the advisory 

20 panel have been made under subsection (b). 

21 (2) MEETINGS.—The advisory panel shall meet 

22 not less often than once every three months. The ad23 visory panel may also meet at the call of the Sec24 retary of Defense, the Secretary of State, or the Ad25 ministrator. 


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1 (3) PROCEDURES.—The advisory panel shall 

2 carry out its duties under procedures established 

3 under subsection (d). 

4 (4) NONAPPLICABILITY OF FEDERAL ADVISORY

5 COMMITTEE ACT.—The Federal Advisory Committee 

6 Act (5 U.S.C. App.) shall not apply to the advisory 

7 panel. 

8 (d) SUPPORT OF FEDERALLY FUNDED RESEARCH

9 AND DEVELOPMENT CENTER.— 

10 (1) IN GENERAL.—The Secretary of Defense, in 

11 consultation with the Secretary of State and the Ad12 ministrator, shall enter into a contract with a feder13 ally funded research and development center for the 

14 provision of administrative and logistical support 

15 and assistance to the advisory panel in carrying out 

16 its duties under this section. Such support and as17 sistance shall include the establishment of the proce18 dures of the advisory panel under subsection (c)(3). 

19 (2) DEADLINE FOR CONTRACT.—The Secretary 

20 of Defense shall enter into the contract required by 

21 this subsection not later than 60 days after the date 

22 of the enactment of this Act. 

23 (e) DUTIES OF PANEL.— 

24 (1) The advisory panel shall analyze the roles 

25 and responsibilities of the Department of Defense, 


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1 the Department of State, and the United States 

2 Agency for International Development regarding— 

3 (A) stability operations; 

4 (B) non-proliferation; 

5 (C) foreign assistance (including security 

6 assistance); 

7 (D) strategic communications; 

8 (E) public diplomacy; 

9 (F) the role of contractors; and 

10 (G) other areas the Secretary of Defense, 

11 the Secretary of State, and the Administrator 

12 consider appropriate. 

13 (2) In providing advice, guidance, and rec14 ommendations to improve the national security col15 laborative system, the advisory panel shall review— 

16 (A) the structures and systems that coordi17 nate policy-making; 

18 (B) the roles and responsibilities of the de19 partments and agencies of the Federal Govern20 ment involved in the national security collabo21 rative system; 

22 (C) integrating the expertise of the depart23 ments and agencies of the Federal Government 

24 involved in the national security collaborative 

25 system; and 


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1 (D) coordinating personnel assigned 

2 abroad as part of the national security collabo3 rative system. 

4 (f) COOPERATION OF OTHER AGENCIES.—Upon re5 quest by the advisory panel, any department or agency of 

6 the Federal Government shall provide information that the 

7 advisory panel considers necessary to carry out its duties. 

8 (g) REPORTS.— 

9 (1) INTERIM REPORT.— 

10 (A) Not later than 180 days after the first 

11 meeting of the advisory panel, the advisory 

12 panel shall submit to the Secretary of Defense, 

13 the Secretary of State, and the Administrator, 

14 a report that identifies— 

15 (i) aspects of the national security col16 laborative system that should take priority 

17 during the improvement of integration be18 tween the Department of Defense, the De19 partment of State, and the United States 

20 Agency for International Development; and 

21 (ii) methods to better integrate the 

22 national security collaborative system. 

23 (2) ANNUAL REPORT.— 

24 (A) Not later than December 31 of each 

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1 retary of Defense, the Secretary of State, and 

2 the Administrator, a report on— 

3 (i) the activities of the advisory panel; 

4 (ii) any deficiencies in the national se5 curity collaborative system; 

6 (iii) any improvements made to the 

7 national security collaborative system; 

8 (iv) methods to better integrate the 

9 national security collaborative system; and 

10 (v) such findings, conclusions, and 

11 recommendations as the advisory panel 

12 considers appropriate. 

13 (3) SUBMISSION OF REPORT TO CONGRESS.— 

14 The Secretary of Defense, the Secretary of State, 

15 and the Administrator shall submit to the appro16 priate committees of Congress the reports under this 

17 subsection and any additional information consid18 ered appropriate. 

19 (4) CONGRESSIONAL BRIEFINGS.—Not later 

20 than 30 days after the submission of each report 

21 under this subsection, the advisory panel shall meet 

22 with the appropriate committees to brief such com23 mittees on the matters contained in the report. 


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1 (5) APPROPRIATE COMMITTEES.—For the pur2 poses of this subsection, the appropriate committees 

3 of Congress are the following: 

4 (A) The Committees on Foreign Relations, 

5 Armed Services, and Appropriations of the Sen6 ate. 

7 (B) The Committees on Foreign Affairs, 

8 Armed Services, and Appropriations of the 

9 House of Representatives. 

10 (h) TERMINATION OF ADVISORY PANEL.—The advi11 sory panel shall terminate on September 30, 2013. 

12 (i) DEFINITIONS.—In this section: 

13 (1) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the United 

15 States Agency for International Development. 

16 (2) NATIONAL SECURITY COLLABORATIVE SYS17 TEM.—The term ‘‘national security collaborative sys18 tem’’ means the structures, mechanisms, and proc19 esses by which the Department of Defense, the De20 partment of State, and the United States Agency for 

21 International Development coordinate and integrate 

22 their policies, capabilities, expertise, and activities to 

23 accomplish national security missions overseas. 

24 (3) STABILITY OPERATIONS.—The term ‘‘sta25 bility operations’’ means stability and reconstruction 


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1 operations conducted by departments or agencies of 

2 the Federal Government described by Department of 

3 Defense Directive 3000.05, National Security Presi4 dential Directive 1, or National Security Presidential 

5 Directive 44. 

6 SEC. 1072. NONAPPLICABILITY OF THE FEDERAL ADVISORY 

7 COMMITTEE ACT TO THE CONGRESSIONAL 

8 COMMISSION ON THE STRATEGIC POSTURE 

9 OF THE UNITED STATES. 

10 Section 1062 of the National Defense Authorization 

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

12 476) is amended by adding at the end the following new 

13 subsection: 

14 ‘‘(h) NONAPPLICABILITY OF FEDERAL ADVISORY

15 COMMITTEE ACT.—The Federal Advisory Committee Act 

16 (5 U.S.C. App.) does not apply to the commission, which 

17 advises Congress, because the Federal Advisory Com18 mittee Act applies only to commissions that advise the ex19 ecutive branch.’’. 

20 SEC. 1073. STUDY AND REPORT ON USE OF POWER MAN21 AGEMENT SOFTWARE. 

22 (a) STUDY.—The Secretary of Defense shall conduct 

23 a study on the use of power management software by civil24 ian and military personnel and facilities of the Depart25 ment of Defense to reduce the use of electricity in comVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 puter monitors and personal computers. This study shall 

2 include recommendations for baseline electric power use, 

3 for ensuring robust monitoring and verification of power 

4 use requirements on a continuing basis, and for potential 

5 technological solutions or best practices for achieving these 

6 efficiency objectives. 

7 (b) REPORT.—Not later than 60 days after the date 

8 of the enactment of this Act, the Secretary shall submit 

9 to Congress a report containing the results of the study 

10 under subsection (a), including a description of the rec11 ommendations developed under the study. 

12 SEC. 1074. COMPREHENSIVE INTERAGENCY STRATEGY FOR 

13 STRATEGIC COMMUNICATION AND PUBLIC 

14 DIPLOMACY ACTIVITIES OF THE FEDERAL 

15 GOVERNMENT. 

16 (a) COMPREHENSIVE STRATEGY.— 

17 (1) STRATEGY.—The President shall develop a 

18 comprehensive interagency strategy for public diplo19 macy and strategic communication that updates and 

20 builds upon the strategy outlined by the Strategic 

21 Communication and Public Diplomacy Policy Co22 ordinating Committee in the publication titled ‘‘U.S. 

23 National Strategy for Public Diplomacy and Stra24 tegic Communication’’ (June, 2007). 


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

2 subsection shall contain overall objectives, goals, ac3 tions to be performed, and benchmarks and time4 tables for the achievement of such goals and objec5 tives. 

6 (3) COMPONENTS.—The strategy shall include 

7 the following components: 

8 (A) Prioritizing the mission of supporting 

9 specific foreign policy objectives, such as 

10 counterterrorism and efforts to combat extrem11 ist ideology, in parallel and in complement with, 

12 as appropriate, the broad mission of commu13 nicating the policies and values of the United 

14 States to foreign audiences. 

15 (B) Consolidating and elevating Federal 

16 Government leadership to prioritize, manage, 

17 and implement the strategy required by this 

18 subsection, including the consideration of estab19 lishing strategic communication and public di20 plomacy positions at the National Security 

21 Council and establishing a single office to co22 ordinate strategic communication and public di23 plomacy efforts. 


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1 (C) Improving coordination across depart2 ments and agencies of the Federal Government 

3 on— 

4 (i) strategic planning; 

5 (ii) research activities, such as re6 search into the attitudes and behaviors of 

7 foreign audiences; and 

8 (iii) the development of editorial con9 tent, including content for Internet 

10 websites and print publications. 

11 (D) Developing a more rigorous, research12 based, targeted approach to strategic commu13 nication and public diplomacy efforts, with ef14 forts differentiated for specific target audiences 

15 in various countries and regions. 

16 (E) Developing more rigorous monitoring 

17 and evaluation mechanisms. 

18 (F) Making greater use of innovative tools 

19 in strategic communication and public diplo20 macy research and operations, including new 

21 media platforms and social research tech22 nologies. 

23 (G) Making greater use of participation 

24 from private sector entities, academic institu25 tions, not-for-profit organizations, and other 


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1 non-governmental organizations in supporting 

2 strategic communication and public diplomacy 

3 efforts, including the consideration of estab4 lishing an independent, not-for-profit organiza5 tion described in subsection (b). 

6 (H) Increasing resources devoted to stra7 tegic communication and public diplomacy ef8 forts. 

9 (4) REPORTS.— 

10 (A) INITIAL REPORT.—Not later than De11 cember 31, 2009, the President shall submit to 

12 the appropriate committees of Congress a re13 port that describes the strategy required by this 

14 subsection. 

15 (B) SUBSEQUENT REPORTS.—Not less 

16 than once every two years after the submission 

17 of the initial report under subparagraph (A), 

18 the President shall submit to the appropriate 

19 committees of Congress a report on— 

20 (i) the status of the implementation of 

21 the strategy; 

22 (ii) progress toward achievement of 

23 benchmarks; and 

24 (iii) any changes to the strategy since 

25 the submission of the previous report. 


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1 (b) STUDY OF INDEPENDENT ORGANIZATION.— 

2 (1) STUDY.—The Secretary of State and the 

3 Secretary of Defense shall jointly conduct a study 

4 assessing the recommendation from the Defense 

5 Science Board’s Task Force on Strategic Commu6 nication to establish an independent, not-for-profit 

7 organization responsible for providing independent 

8 assessment and strategic guidance to the Federal 

9 Government on strategic communication and public 

10 diplomacy. 

11 (2) SCOPE.—The study shall include— 

12 (A) an assessment of the benefits gained 

13 by establishing such an organization; and 

14 (B) an outline of the potential framework 

15 of such an organization, including its organiza16 tion, mission, capabilities, and operations. 

17 (c) REPORT ON ROLES OF DEPARTMENTS OR AGEN18 CIES OF THE FEDERAL GOVERNMENT.— 

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

20 the President shall submit to the appropriate com21 mittees of Congress a report— 

22 (A) describing the roles of the Department 

23 of State and the Department of Defense re24 garding strategic communication and public di25 plomacy; and 


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1 (B) assessing proposals to establish an 

2 independent center to support government-wide 

3 strategic communication and public diplomacy 

4 efforts, including the study described in sub5 section (b). 

6 (2) REPORT ELEMENTS.—The report shall con7 tain the following: 

8 (A) A description of activities performed 

9 by the Department of Defense as part of stra10 tegic communication, including— 

11 (i) efforts to disseminate directly to 

12 foreign audiences messages intended to 

13 shape the security environment of a com14 batant command; 

15 (ii) psychological operations, including 

16 those in direct support of contingency op17 erations other than Operation Enduring 

18 Freedom or Operation Iraqi Freedom, that 

19 are intended to counter extremist and hos20 tile propaganda or promote stability and 

21 security; and 

22 (iii) public affairs programs to shape 

23 the opinions of foreign audiences. 

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1 plomacy and Public Affairs at the Department 

2 of State, including— 

3 (i) outreach to mass audiences and 

4 strategic audiences, such as opinion mak5 ers, youth, and other targeted groups, 

6 using media, lectures, information centers, 

7 and cultural events; 

8 (ii) use of interactive media tech9 nologies, such as Internet blogs and social 

10 networking websites, to build relationships 

11 and to counter extremist groups using 

12 similar media; 

13 (iii) education and exchange pro14 grams; 

15 (iv) book translation; and 

16 (v) work with non-governmental orga17 nizations and private-sector partners. 

18 (C) A definition of the roles of the offices 

19 within the Department of State and the De20 partment of Defense that are engaged in mes21 sage outreach to audiences abroad. 

22 (D) A detailed explanation of how the De23 partment of State and the Department of De24 fense perform unique strategic communication 

25 activities and public diplomacy activities. 


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1 (E) An explanation of how the Department 

2 of State and the Department of Defense coordi3 nate strategic communication and public diplo4 macy activities in— 

5 (i) using polls, focus groups, and 

6 other measures to learn the attitudes and 

7 behavior of foreign audiences; 

8 (ii) publishing editorial content on 

9 Internet websites and in print media; 

10 (iii) organizing field support for mili11 tary information support teams, civil af12 fairs, and other shared activities; 

13 (iv) using foreign-directed education 

14 and training resources; and 

15 (v) training personnel in both depart16 ments by exchanging faculty and students 

17 of the Foreign Service Institute, the Army 

18 War College, the Naval War College, and 

19 other similar institutions. 

20 (d) FORM AND AVAILABILITY OF REPORTS.— 

21 (1) FORM.—The reports required by this sec22 tion may be submitted in a classified form. 

23 (2) AVAILABILITY.—Any unclassified portions 

24 of the reports required by this section shall be made 

25 available to the public. 


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1 (e) APPROPRIATE COMMITTEES.—For the purposes 

2 of this section, the appropriate committees of Congress are 

3 the following: 

4 (1) The Committees on Foreign Relations, 

5 Armed Services, and Appropriations of the Senate. 

6 (2) The Committees on Foreign Affairs, Armed 

7 Services, and Appropriations of the House of Rep8 resentatives. 

9 SEC. 1075. PROHIBITIONS RELATING TO PROPAGANDA. 

10 (a) PROHIBITION.—No part of any funds authorized 

11 to be appropriated in this or any other Act shall be used 

12 by the Department of Defense for propaganda purposes 

13 within the United States not otherwise specifically author14 ized by law. 

15 (b) REPORTS.—Not later than 90 days after the date 

16 of the enactment of this Act, the Inspector General of the 

17 Department of Defense and the Comptroller General of 

18 the United States shall each conduct a study of, and sub19 mit to the Congress a report on, the extent to which the 

20 Department of Defense has violated the prohibition on 

21 propaganda established in section 8001 of Public Laws 

22 107–117, 107–248, 108–87, 108–287, 109–148, 109– 

23 289, and 110–116, the Department of Defense Appropria24 tions Acts for fiscal years 2002 through 2008. 


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1 (c) DEFINITION.—For purposes of this section, the 

2 term ‘‘propaganda’’ means any form of communication in 

3 support of national objectives designed to influence the 

4 opinions, emotions, attitudes, or behavior of the people of 

5 the United States in order to benefit the sponsor, either 

6 directly or indirectly. 

7 SEC. 1076. USE OF RUNWAY AT NASJRB WILLOW GROVE, 

8 PENNSYLVANIA. 

9 (a) CONDITIONS ON CONVEYANCE, GRANT, LEASE, 

10 OR LICENSE.—Any conveyance, grant, lease, or license 

11 from the United States to the Commonwealth of Pennsyl12 vania or other legal entity that includes the airfield prop13 erty located at NASJRB Willow Grove and designated for 

14 operation as a Joint Interagency Installation pursuant to 

15 section 3703 of the U.S. Troop Readiness, Veterans’ Care, 

16 Katrina Recovery, and Iraq Accountability Appropriations 

17 Act, 2007 (121 Stat. 145) shall be subject to the restric18 tions on the use of the airfield set forth in subsection (b). 

19 (b) RESTRICTIONS ON USE.—The airfield at the in20 stallation shall not be used for any of the following pur21 poses: 

22 (1) Commercial passenger operations. 

23 (2) Commercial cargo operations. 

24 (3) Commercial, business, or nongovernment 

25 aircraft operations for purposes not related to the 


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1 missions of the installation, except that this para2 graph shall not apply in exigent circumstances or 

3 prohibit use of the airfield by or on behalf of any as4 sociated user which is a tenant of the installation. 

5 (4) As a reliever airport to relieve congestion at 

6 other airports or to provide improved general avia7 tion access to the overall community, except that 

8 this paragraph shall not apply in exigent cir9 cumstances. 

10 (c) LIMITATION ON STATUTORY CONSTRUCTION.— 

11 Nothing in this section shall be construed to diminish or 

12 alter authorized uses of the installation, including the mili13 tary enclave that is part thereof, by the United States or 

14 its agencies or instrumentalities or to limit use of the 

15 property in exigent circumstances. 

16 (d) DEFINITIONS.—In this section, the following defi17 nitions apply: 

18 (1) AIRFIELD.—The term ‘‘airfield’’ means the 

19 airfield referred to in subsection (a). 

20 (2) ASSOCIATED USERS.—The term ‘‘associated 

21 users’’ means nongovernmental organizations and 

22 private entities that use the airfield for purposes re23 lated to the national defense, homeland security, and 

24 emergency preparedness missions of the installation. 


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1 (3) EXIGENT CIRCUMSTANCES.—The term ‘‘exi2 gent circumstances’’ means unusual conditions, in3 cluding adverse or unusual weather conditions, 

4 alerts, and actual or threatened emergencies that are 

5 determined by the installation to require limited-du6 ration use of the installation or its airfield for oper7 ations, including flying operations, for uses other8 wise restricted under subsection (b). 

9 (4) COMMERCIAL CARGO OPERATIONS.—The 

10 term ‘‘commercial cargo operations’’ means aircraft 

11 operations by a commercial cargo or freight carrier 

12 in cases in which cargo is delivered to or flown from 

13 the installation under established schedules, except 

14 that the term does not include any cargo operations 

15 undertaken by or on behalf of any user of the instal16 lation or cargo operations related to the national de17 fense, homeland security, and emergency prepared18 ness missions of the installation. 

19 (5) COMMERCIAL PASSENGER OPERATIONS.— 

20 The term ‘‘commercial passenger operations’’ means 

21 aircraft passenger operations by commercial pas22 senger carriers involving flights where passengers 

23 are boarded or enplaned at the installation, except 

24 that the term does not include passenger operations 

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1 lation or passenger operations related to the national 

2 defense, homeland security, and emergency pre3 paredness missions of the installation. 

4 (6) INSTALLATION.—The term ‘‘installation’’ 

5 means the Joint Interagency Installation referred to 

6 in subsection (a). 

7 SEC. 1077. PROHIBITION ON INTERROGATION OF DETAIN8 EES BY CONTRACTOR PERSONNEL. 

9 Effective as of the date that is one year after the 

10 date of the enactment of this Act, the Department of De11 fense manpower mix criteria and the Department of De12 fense Supplement to the Federal Acquisition Regulation 

13 shall be revised to provide that— 

14 (1) the interrogation of enemy prisoners of war, 

15 civilian internees, retained persons, other detainees, 

16 terrorists, and criminals when captured, transferred, 

17 confined, or detained during or in the aftermath of 

18 hostilities is an inherently governmental function 

19 and cannot be transferred to private sector contrac20 tors who are beyond the reach of controls otherwise 

21 applicable to government personnel; and 

22 (2) properly trained and cleared contractors 

23 may be used as linguists, interpreters, report writ24 ers, and information technology technicians if their 


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1 work is properly reviewed by appropriate government 

2 officials. 

3 SEC. 1078. REQUIREMENT FOR VIDEOTAPING OR OTHER4 WISE ELECTRONICALLY RECORDING STRA5 TEGIC INTELLIGENCE INTERROGATIONS OF 

6 PERSONS IN THE CUSTODY OF OR UNDER 

7 THE EFFECTIVE CONTROL OF THE DEPART8 MENT OF DEFENSE. 

9 (a) IN GENERAL.—In accordance with the Army 

10 Field Manual on Human Intelligence Collector Operations 

11 (FM 2–22.3, September 2006), or any successor thereto, 

12 and the guidelines developed pursuant to subsection (e), 

13 the Secretary of Defense shall take such actions as are 

14 necessary to ensure the videotaping or otherwise electroni15 cally recording of each strategic intelligence interrogation 

16 of any person who is in the custody or under the effective 

17 control of the Department of Defense or under detention 

18 in a Department of Defense facility. 

19 (b) CLASSIFICATION OF INFORMATION.—To protect 

20 United States national security, the safety of the individ21 uals conducting or assisting in the conduct of a strategic 

22 intelligence interrogation, and the privacy of persons de23 scribed in subsection (a), the Secretary of Defense shall 

24 provide for the appropriate classification of video tapes or 

25 other electronic recordings made pursuant to subsection 


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1 (a). The use of such classified video tapes or other elec2 tronic recordings in proceedings conducted under the De3 tainee Treatment Act of 2005 (title 14 of Public Law 

4 109–163 and title 10 of Public Law 109–148), the Mili5 tary Commissions Act of 2006 (10 U.S.C. 948 et seq.; 

6 Public Law 109–366), or any other provision of law shall 

7 be governed by applicable rules, regulations, and law. 

8 (c) STRATEGIC INTELLIGENCE INTERROGATION DE9 FINED.—For purposes of this section, the term ‘‘strategic 

10 intelligence interrogation’’ means an interrogation of a 

11 person described in subsection (a) conducted at a theater12 level detention facility. 

13 (d) EXCLUSION.—Nothing in this section shall be 

14 construed as requiring— 

15 (1) any member of the Armed Forces engaged 

16 in direct combat operations to videotape or otherwise 

17 electronically record a person described in subsection 

18 (a); or 

19 (2) the videotaping or other electronic recording 

20 of tactical questioning, as such term is defined in 

21 the Army Field Manual on Human Intelligence Col22 lector Operations (FM 2–22.3, September 2006), or 

23 any successor thereto. 

24 (e) GUIDELINES FOR VIDEOTAPE AND OTHER ELEC25 TRONIC RECORDINGS.— 


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1 (1) DEVELOPMENT OF GUIDELINES.—The Sec2 retary of Defense, acting through the Judge Advo3 cates General (as defined in section 801(1) of title 

4 10, United States Code, (Article 1 of the Uniform 

5 Code of Military Justice)), shall develop and adopt 

6 uniform guidelines designed to ensure that the 

7 videotaping or other electronic recording required 

8 under subsection (a), at a minimum— 

9 (A) promotes full compliance with the laws 

10 of the United States; 

11 (B) is maintained for a length of time that 

12 serves the interests of justice in cases for which 

13 trials are being or may be conducted pursuant 

14 to the Detainee Treatment Act of 2005 (title 14 

15 of Public Law 109–163 and title 10 of Public 

16 Law 109–148), the Military Commissions Act 

17 of 2006 (10 U.S.C. 948 et seq.; Public Law 

18 109–366), or any other provision of law; 

19 (C) promotes the exploitation of intel20 ligence; and 

21 (D) ensures the safety of all participants 

22 in the interrogations. 

23 (2) SUBMITTAL TO CONGRESS.—Not later than 

24 30 days after the date of the enactment of this sec25 tion, the Secretary of Defense shall submit to the 


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1 Committees on Armed Services of the Senate and 

2 House of Representatives a report containing the 

3 guidelines developed under paragraph (1). Such re4 port shall be in an unclassified form but may include 

5 a classified annex. 

6 SEC. 1079. PUBLIC DISCLOSURE OF NAMES OF STUDENTS 

7 AND INSTRUCTORS AT WESTERN HEMI8 SPHERE INSTITUTE FOR SECURITY CO9 OPERATION. 

10 Section 2166 of title 10, United States Code, is 

11 amended by adding at the end the following new sub12 section: 

13 ‘‘(j) PUBLIC DISCLOSURE OF STUDENTS AND IN14 STRUCTORS.—(1) The Secretary of Defense shall release 

15 to the public, upon request, the information described in 

16 paragraph (2) for each of fiscal years 2005, 2006, 2007, 

17 and 2008, and any fiscal year thereafter. 

18 ‘‘(2) The information to be released under paragraph 

19 (1) shall include the following with respect to the fiscal 

20 year covered: 

21 ‘‘(A) The entire name, including the first, mid22 dle, and maternal and paternal surnames, with re23 spect to each student and instructor at the Institute. 

24 ‘‘(B) The rank of each student and instructor. 


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1 ‘‘(C) The country of origin of each student and 

2 instructor. 

3 ‘‘(D) The courses taken by each student. 

4 ‘‘(E) The courses taught by each instructor. 

5 ‘‘(F) Any years of attendance by each student 

6 in addition to the fiscal year covered.’’. 

7 TITLE XI—CIVILIAN PERSONNEL 

8 MATTERS 

Sec. 1101. Temporary authority to waive limitation on premium pay for Federal employees. 

Sec. 1102. Extension of authority to make lump-sum severance payments. 

Sec. 1103. Extension of voluntary reduction-in-force authority of Department 

of Defense. 

Sec. 1104. Technical amendment to definition of professional accounting position. 

Sec. 1105. Expedited hiring authority for health care professionals. 

Sec. 1106. Authority to adjust certain limitations on personnel and reports on 

such adjustments. 

Sec. 1107. Temporary discretionary authority to grant allowances, benefits, and 

gratuities to personnel on official duty in a combat zone. 

Sec. 1108. Requirement relating to furloughs during the time of a contingency 

operation. 

Sec. 1109. Direct hire authority for certain positions at personnel demonstration laboratories. 

Sec. 1110. Status reports relating to laboratory personnel demonstration 

projects. 

9 SEC. 1101. TEMPORARY AUTHORITY TO WAIVE LIMITATION 

10 ON PREMIUM PAY FOR FEDERAL EMPLOY11 EES. 

12 (a) WAIVER AUTHORITY.—Subject to subsection (b), 

13 the head of an agency may waive the limitation under sec14 tion 5547(a) of title 5, United States Code, with respect 

15 to premium pay for any service which is performed by an 

16 employee of such agency— 


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1 (1) in an overseas location within the area of 

2 responsibility of the Commander of the United 

3 States Central Command; and 

4 (2) in direct support of or directly related to— 

5 (A) a military operation, including a con6 tingency operation; or 

7 (B) an operation in response to an emer8 gency declared by the President. 

9 (b) LIMITATIONS.—Waiver authority under this sec10 tion shall be available only with respect to premium pay 

11 for service performed in 2009, and only to the extent that 

12 its exercise would not cause an employee’s total basic pay 

13 and premium pay for 2009 to exceed $212,100. 

14 (c) ADDITIONAL PAY NOT CONSIDERED BASIC

15 PAY.—Any amount of premium pay that would not have 

16 been payable but for a waiver under this section shall not 

17 be considered to be basic pay for any purpose and shall 

18 not be used in computing a lump-sum payment for accu19 mulated and accrued annual leave under section 5551 of 

20 title 5, United States Code. 

21 (d) REGULATIONS.—The Director of the Office of 

22 Personnel Management may prescribe any regulations 

23 which may be necessary to ensure consistency among 

24 heads of agencies in the application of this section. 

25 (e) DEFINITIONS.—For purposes of this section— 


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1 (1) the terms ‘‘agency’’ and ‘‘employee’’ have 

2 the respective meanings given such terms by section 

3 5541 of title 5, United States Code; 

4 (2) the term ‘‘premium pay’’ refers to any pre5 mium pay described in section 5547(a) of such title 

6 5; and 

7 (3) the term ‘‘contingency operation’’ has the 

8 meaning given such term by section 101(a)(13) of 

9 title 10, United States Code. 

10 SEC. 1102. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM 

11 SEVERANCE PAYMENTS. 

12 Section 5595(i)(4) of title 5, United States Code, is 

13 amended by striking ‘‘October 1, 2010’’ and inserting 

14 ‘‘October 1, 2014’’. 

15 SEC. 1103. EXTENSION OF VOLUNTARY REDUCTION-IN16 FORCE AUTHORITY OF DEPARTMENT OF DE17 FENSE. 

18 Section 3502(f)(5) of title 5, United States Code, is 

19 amended by striking ‘‘September 30, 2010’’ and inserting 

20 ‘‘September 30, 2014’’. 

21 SEC. 1104. TECHNICAL AMENDMENT TO DEFINITION OF 

22 PROFESSIONAL ACCOUNTING POSITION. 

23 Section 1599d(e) of title 10, United States Code, is 

24 amended by striking ‘‘GS–510, GS–511, and GS–505’’ 

25 and inserting ‘‘0505, 0510, or 0511 (or an equivalent)’’. 


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1 SEC. 1105. EXPEDITED HIRING AUTHORITY FOR HEALTH 

2 CARE PROFESSIONALS. 

3 (a) EXPEDITED HIRING AUTHORITY.—Section 

4 1599c(a) of title 10, United States Code, is amended— 

5 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of 

6 Defense may’’; and 

7 (2) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2)(A) For purposes of sections 3304, 5333, and 

10 5753 of title 5, the Secretary of Defense may— 

11 ‘‘(i) designate any category of medical or health 

12 professional positions within the Department of De13 fense as shortage category positions; and 

14 ‘‘(ii) utilize the authorities in such sections to 

15 recruit and appoint highly qualified persons directly 

16 to positions so designated. 

17 ‘‘(B) In using the authority provided by this para18 graph, the Secretary shall apply the principles of pref19 erence for the hiring of veterans and other persons estab20 lished in subchapter 1 of chapter 33 of title 5.’’. 

21 (b) TERMINATION OF AUTHORITY.—Section 

22 1599c(c) of such title is amended— 

23 (1) by inserting ‘‘(1)’’ before ‘‘The authority 

24 of’’; 

25 (2) by striking ‘‘September 30, 2010’’ and in26 serting ‘‘September 30, 2012’’; and 


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1 (3) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) The Secretary may not appoint a person to a 

4 position of employment under subsection (a)(2) after Sep5 tember 30, 2012.’’. 

6 SEC. 1106. AUTHORITY TO ADJUST CERTAIN LIMITATIONS 

7 ON PERSONNEL AND REPORTS ON SUCH AD8 JUSTMENTS. 

9 (a) AUTHORITY TO ADJUST LIMITATIONS ON OSD 

10 PERSONNEL.— 

11 (1) Section 143 of title 10, United States Code, 

12 is amended— 

13 (A) in subsection (a), by striking ‘‘The 

14 number’’ and inserting ‘‘Subject to subsection 

15 (b), the number’’; 

16 (B) by redesignating subsections (b) and 

17 (c) as subsections (c) and (d), respectively; 

18 (C) by inserting after subsection (a) the 

19 following new subsection (b): 

20 ‘‘(b) AUTHORITY TO ADJUST LIMITATION.—(1) For 

21 fiscal year 2009 and fiscal years thereafter, the Secretary 

22 of Defense may adjust the limitation on OSD personnel 

23 in accordance with paragraph (2) to accommodate in24 creases in workload or to modify the type of personnel re25 quired to accomplish work. 


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1 ‘‘(2) The Secretary may adjust the baseline personnel 

2 limitation under paragraph (1) by increasing it by no more 

3 than 5 percent in a fiscal year.’’; and 

4 (D) by amending subsection (c) (as so re5 designated) to read as follows: 

6 ‘‘(c) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘OSD personnel’ means military 

8 and civilian personnel of the Department of Defense 

9 who are assigned to, or employed in, functions in the 

10 Office of the Secretary of Defense (including Direct 

11 Support Activities of that Office and the Washington 

12 Headquarters Services of the Department of De13 fense). 

14 ‘‘(2) The term ‘baseline personnel limitation’, 

15 with respect to OSD personnel, means— 

16 ‘‘(A) for fiscal year 2009, the number de17 scribed in subsection (a); and 

18 ‘‘(B) for any fiscal year thereafter, such 

19 number as increased (if at all) by the Secretary 

20 under subsection (b) during preceding fiscal 

21 years.’’. 

22 (b) DEFENSE AGENCIES AND FIELD ACTIVITIES.— 

23 Section 194 of title 10, United States Code, is amended— 


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1 (1) in subsections (a) and (b), by striking ‘‘The 

2 total’’ each place it appears and inserting ‘‘Subject 

3 to subsection (c), the total’’; 

4 (2) by redesignating subsections (c), (d), (e), 

5 and (f) as subsections (d), (e), (f), and (g), respec6 tively; 

7 (3) by inserting after subsection (b) the fol8 lowing new subsection (c): 

9 ‘‘(c) AUTHORITY TO ADJUST LIMITATION.—(1) For 

10 fiscal year 2009 and fiscal years thereafter, the Secretary 

11 of Defense may adjust the baseline personnel limitations 

12 in subsection (a) in accordance with paragraph (2) to ac13 commodate increases in workload or to modify the type 

14 of personnel required to accomplish work. 

15 ‘‘(2) The Secretary may adjust a baseline personnel 

16 limitation under paragraph (1) by increasing it by no more 

17 than 5 percent in a fiscal year.’’; and 

18 (4) by amending subsection (g) (as so redesig19 nated)— 

20 (A) by striking ‘‘In this section, the’’ and 

21 inserting ‘‘In this section: 

22 ‘‘(1) The’’; and 

23 (B) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(2) The term ‘baseline personnel limitation’, 

2 with respect to members of the armed forces and ci3 vilian employees described in subsection (a) or sub4 section (b), means— 

5 ‘‘(A) for fiscal year 2009, the number de6 scribed in subsection (a) or (b), respectively; 

7 and 

8 ‘‘(B) for any fiscal year thereafter, such 

9 number as increased (if at all) by the Secretary 

10 under subsection (c) during preceding fiscal 

11 years.’’. 

12 (c) OFFICE OF THE SECRETARY OF THE ARMY AND

13 ARMY STAFF.—Subsection (f) of section 3014 of title 10, 

14 United States Code, is amended by adding at the end the 

15 following new paragraph: 

16 ‘‘(5)(A) For fiscal year 2009 and fiscal years 

17 thereafter, the Secretary of the Army may adjust the 

18 baseline personnel limitation in paragraph (1), (2), 

19 or (3) in accordance with subparagraph (B) to ac20 commodate increases in workload or to modify the 

21 type of personnel required to accomplish work. 

22 ‘‘(B) The Secretary may adjust a baseline per23 sonnel limitation under subparagraph (A) by in24 creasing it by no more than 5 percent in a fiscal 

25 year. 


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1 ‘‘(C) In this subsection, the term ‘baseline per2 sonnel limitation’, with respect to members of the 

3 armed forces and civilian employees described in 

4 paragraph (1), (2), or (3), means— 

5 ‘‘(i) for fiscal year 2009, the number de6 scribed in paragraph (1), (2), or (3), respec7 tively; and 

8 ‘‘(ii) for any fiscal year thereafter, such 

9 number as increased (if at all) by the Secretary 

10 under subparagraph (A) during preceding fiscal 

11 years.’’. 

12 (d) OFFICE OF THE SECRETARY OF THE NAVY, OF13 FICE OF THE CHIEF OF NAVAL OPERATIONS, AND HEAD14 QUARTERS, MARINE CORPS.—Subsection (f) of section 

15 5014 of title 10, United States Code, is amended by add16 ing at the end the following new paragraph: 

17 ‘‘(5)(A) For fiscal year 2009 and fiscal years 

18 thereafter, the Secretary of the Navy may adjust the 

19 baseline personnel limitation in paragraph (1), (2), 

20 or (3) in accordance with subparagraph (B) to ac21 commodate increases in workload or to modify the 

22 type of personnel required to accomplish work. 

23 ‘‘(B) The Secretary may adjust a baseline per24 sonnel limitation under subparagraph (A) by inVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00576 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 creasing it by no more than 5 percent in a fiscal 

2 year. 

3 ‘‘(C) In this subsection, the term ‘baseline per4 sonnel limitation’, with respect to members of the 

5 armed forces and civilian employees described in 

6 paragraph (1), (2), or (3), means— 

7 ‘‘(i) for fiscal year 2009, the number de8 scribed in paragraph (1), (2), or (3), respec9 tively; and 

10 ‘‘(ii) for any fiscal year thereafter, such 

11 number as increased (if at all) by the Secretary 

12 under subparagraph (A) during any preceding 

13 fiscal years.’’. 

14 (e) OFFICE OF THE SECRETARY OF THE AIR FORCE

15 AND AIR STAFF.—Subsection (f) of section 8014 of title 

16 10, United States Code, is amended by adding at the end 

17 the following new paragraph: 

18 ‘‘(5)(A) For fiscal year 2009 and fiscal years 

19 thereafter, the Secretary of the Air Force may ad20 just the baseline personnel limitation in paragraph 

21 (1), (2), or (3) in accordance with subparagraph (B) 

22 to accommodate increases in workload or to modify 

23 the type of personnel required to accomplish work. 

24 ‘‘(B) The Secretary may adjust a baseline per25 sonnel limitation under subparagraph (A) by inVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00577 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 creasing it by no more than 5 percent in a fiscal 

2 year. 

3 ‘‘(C) In this subsection, the term ‘baseline per4 sonnel limitation’, with respect to members of the 

5 armed forces and civilian employees described in 

6 paragraph (1), (2), or (3), means— 

7 ‘‘(i) for fiscal year 2009, the number de8 scribed in paragraph (1), (2), or (3), respec9 tively; and 

10 ‘‘(ii) for any fiscal year thereafter, such 

11 number as increased (if at all) by the Secretary 

12 under subparagraph (A) during preceding fiscal 

13 years.’’. 

14 (f) REPORT REQUIRED.—The Secretary of Defense 

15 shall submit a report to the congressional defense commit16 tees at the same time that the defense budget materials 

17 for each fiscal year are presented to Congress. The report 

18 shall include the following information: 

19 (1) During the preceding fiscal year, the aver20 age number of military personnel and civilian em21 ployees of the Department of Defense assigned to or 

22 detailed to permanent duty in— 

23 (A) the Office of the Secretary of Defense; 

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1 tivities in the Defense Agencies and Depart2 ment of Defense Field Activities; 

3 (C) the Office of the Secretary of the 

4 Army and the Army Staff; 

5 (D) the Office of the Secretary of the 

6 Navy, the Office of Chief of Naval Operations, 

7 and the Headquarters, Marine Corps; and 

8 (E) the Office of the Secretary of the Air 

9 Force and the Air Staff. 

10 (2) The total increase in personnel assigned to 

11 the activities or entities described in paragraph (1), 

12 if any, during the preceding fiscal year— 

13 (A) attributable to the replacement of con14 tract personnel with military personnel or civil15 ian employees of the Department of Defense, 

16 including the number of positions associated 

17 with the replacement of contract personnel per18 forming inherently governmental functions or 

19 performing lead system integrator functions; 

20 and 

21 (B) attributable to reasons other than the 

22 replacement of contract personnel with military 

23 personnel or civilian employees of the Depart24 ment, such as workload or operational demand 

25 increases. 


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1 (3) The number of military personnel and civil2 ian employees of the Department of Defense as3 signed to the activities or entities described in para4 graph (1) as of October 1 of the preceding fiscal 

5 year. 

6 (4) An analysis and justification for any in7 crease in personnel assigned to the activities or enti8 ties described in paragraph (1), if any, during the 

9 preceding fiscal year, including an analysis of the 

10 workload of the activity or entity and the manage11 ment of the workload. 

12 (g) DEFINITIONS.—In this section: 

13 (1) DEFENSE BUDGET MATERIALS.—The term 

14 ‘‘defense budget materials’’, with respect to a fiscal 

15 year, means the materials submitted to Congress by 

16 the Secretary of Defense in support of the budget 

17 for that fiscal year that is submitted to Congress by 

18 the President under section 1105 of title 31, United 

19 States Code. 

20 (2) CONTRACT PERSONNEL.—The term ‘‘con21 tract personnel’’ means persons hired under a con22 tract with the Department of Defense for the per23 formance of major Department of Defense head24 quarters activities. 


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1 (h) COMPTROLLER GENERAL EVALUATION.—Not 

2 later than April 15, 2009, the Comptroller General shall— 

3 (1) conduct an evaluation of the overall man4 agement of the staffing processes and procedures for 

5 the personnel affected by the amendments made by 

6 this section; and 

7 (2) submit to the congressional defense commit8 tees a report on the results of such evaluation, with 

9 such findings and recommendations as the Comp10 troller General considers appropriate. 

11 SEC. 1107. TEMPORARY DISCRETIONARY AUTHORITY TO 

12 GRANT ALLOWANCES, BENEFITS, AND GRA13 TUITIES TO PERSONNEL ON OFFICIAL DUTY 

14 IN A COMBAT ZONE. 

15 (a) IN GENERAL.—Section 1603(a) of the Emer16 gency Supplemental Appropriations Act for Defense, the 

17 Global War on Terror, and Hurricane Recovery, 2006 

18 (Public Law 109–234; 120 Stat. 443) is amended— 

19 (1) by striking ‘‘During fiscal years 2006, 

20 2007, and 2008’’ and inserting ‘‘(1) During fiscal 

21 years 2006 (including the period beginning on Octo22 ber 1, 2005, and ending on June 15, 2006), 2007, 

23 and 2008’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(2) During fiscal years 2009, 2010, and 2011, the 

2 head of an agency may, in the agency head’s discretion, 

3 provide to an individual employed by, or assigned or de4 tailed to, such agency allowances, benefits, and gratuities 

5 comparable to those provided by the Secretary of State 

6 to members of the Foreign Service under section 413 and 

7 chapter 9 of title I of the Foreign Service Act of 1980, 

8 if such individual is on official duty in a combat zone (as 

9 defined by section 112(c) of the Internal Revenue Code 

10 of 1986).’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 subsection (a) shall take effect as if included in the enact13 ment of the Emergency Supplemental Appropriations Act 

14 for Defense, the Global War on Terror, and Hurricane Re15 covery, 2006 (Public Law 109–234). 

16 SEC. 1108. REQUIREMENT RELATING TO FURLOUGHS DUR17 ING THE TIME OF A CONTINGENCY OPER18 ATION. 

19 (a) IN GENERAL.—Subchapter I of chapter 35 of title 

20 5, United States Code, is amended by adding at the end 

21 the following new section: 

22 ‘‘§ 3505. Furloughs within Department of Defense 

23 ‘‘(a) For purposes of this section— 


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1 ‘‘(1) the term ‘furlough’ means the placing of 

2 an employee in a temporary status without duties 

3 and pay because of a lack of funds; 

4 ‘‘(2) the term ‘contingency operation’ has the 

5 meaning given such term by section 101(a)(13) of 

6 title 10; and 

7 ‘‘(3) the term ‘defense committees’ has the 

8 meaning given such term by section 119(g) of title 

9 10. 

10 ‘‘(b)(1) The Secretary of Defense may not issue no11 tice of a furlough described in paragraph (2) until the Sec12 retary has certified to the defense committees that the 

13 Secretary has no other legal measures to avoid such fur14 loughs. 

15 ‘‘(2) This subsection applies with respect to any fur16 lough that impacts substantial portions of the civilian 

17 workforce of the Department of Defense commencing dur18 ing the time of a contingency operation.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for chap20 ter 35 of title 5, United States Code, is amended by insert21 ing after the item relating to section 3504 the following 

22 new item: 

‘‘3505. Furloughs within Department of Defense.’’. 


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1 SEC. 1109. DIRECT HIRE AUTHORITY FOR CERTAIN POSI2 TIONS AT PERSONNEL DEMONSTRATION LAB3 ORATORIES. 

4 (a) AUTHORITY.—The Secretary of Defense may 

5 make appointments to positions described in subsection 

6 (b) without regard to the provisions of subchapter I of 

7 chapter 33 of title 5, United States Code, other than sec8 tions 3303 and 3328 of such title. 

9 (b) POSITIONS DESCRIBED.—This section applies 

10 with respect to any scientific or engineering position with11 in a laboratory identified in section 9902(c)(2) of title 5, 

12 United States Code, appointment to which requires an ad13 vanced degree. 

14 (c) LIMITATION.—(1) Authority under this section 

15 may not, in any calendar year and with respect to any 

16 laboratory, be exercised with respect to a number of posi17 tions greater than the number equal to 2 percent of the 

18 total number of positions within such laboratory that are 

19 filled as of the close of the fiscal year last ending before 

20 the start of such calendar year. 

21 (2) For purposes of this subsection, positions shall 

22 be counted on a full-time equivalent basis. 

23 (d) EMPLOYEE DEFINED.—As used in this section, 

24 the term ‘‘employee’’ has the meaning given such term by 

25 section 2105 of title 5, United States Code. 


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1 (e) TERMINATION.—The authority to make appoint2 ments under this section shall not be available after De3 cember 31, 2013. 

4 SEC. 1110. STATUS REPORTS RELATING TO LABORATORY 

5 PERSONNEL DEMONSTRATION PROJECTS. 

6 Section 1107 of the National Defense Authorization 

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

8 357) is amended by adding at the end the following: 

9 ‘‘(e) STATUS REPORTS.— 

10 ‘‘(1) IN GENERAL.—Not later than 45 days 

11 after the date of the enactment of this Act and not 

12 later than March 1 of each year beginning after the 

13 date on which the first report under this subsection 

14 is submitted, the Secretary of Defense shall submit 

15 to the Committees on Armed Services of the Senate 

16 and House of Representatives a report providing, 

17 with respect to the year before the year in which 

18 such report is submitted, the information described 

19 in paragraph (2). 

20 ‘‘(2) INFORMATION REQUIRED.—Each report 

21 under this subsection shall describe the following: 

22 ‘‘(A) The actions taken by the Secretary of 

23 Defense under subsection (a) during the year 

24 covered by the report. 


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1 ‘‘(B) The progress made by the Secretary 

2 of Defense during such year in developing and 

3 implementing the plan required by subsection 

4 (b), including the anticipated date for comple5 tion of such plan and a list and description of 

6 any issues relating to the development or imple7 mentation of such plan. 

8 ‘‘(C) With respect to any applications by 

9 laboratories seeking to be designated as a dem10 onstration laboratory or to otherwise obtain any 

11 of the personnel flexibilities available to a dem12 onstration laboratory— 

13 ‘‘(i) the number of applications that 

14 were received, pending, or acted on during 

15 such year; 

16 ‘‘(ii) the status or disposition of any 

17 applications under clause (i), including, in 

18 the case of any application on which a final 

19 decision was rendered, the laboratory in20 volved, what the laboratory had requested, 

21 the decision reached, and the reasons for 

22 the decision; and 

23 ‘‘(iii) in the case of any applications 

24 under clause (i) on which a final decision 


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1 was not rendered, the date by which a final 

2 decision is anticipated. 

3 ‘‘(3) DEFINITION.—For purposes of this sub4 section, the term ‘demonstration laboratory’ means a 

5 laboratory designated by the Secretary of Defense 

6 under the provisions of section 342(b) of the Na7 tional Defense Authorization Act for Fiscal Year 

8 1995 (as cited in subsection (a)) as a Department 

9 of Defense science and technology reinvention lab10 oratory.’’. 

11 TITLE XII—MATTERS RELATING 

12 TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Extension of authority to build the capacity of the Pakistan Frontier Corps. 

Sec. 1202. Military-to-military contacts and comparable activities. 

Sec. 1203. Enhanced authority 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. One-year extension of authority for distribution to certain foreign 

personnel of education and training materials and information 

technology to enhance military interoperability. 

Sec. 1206. Modification and extension of authorities relating to program to 

build the capacity of foreign military forces. 

Sec. 1207. Extension of authority for security and stabilization assistance. 

Sec. 1208. Authority for support of special operations to combat terrorism. 

Sec. 1209. 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. 


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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. Report on enhancing security and stability in the region along the 

border of Afghanistan and Pakistan. 

Sec. 1218. Study and report on Iraqi police training teams. 

Sec. 1219. Declaration of policy relating to status of forces agreements between 

the United States and Iraq. 

Sec. 1220. Limitation on certain status of forces agreements between the 

United States and Iraq. 

Sec. 1221. Report on long-term costs of Operation Iraqi Freedom and Operation Enduring Freedom. 

Subtitle C—Other Matters 

Sec. 1231. Payment of personnel expenses for multilateral cooperation programs. 

Sec. 1232. Extension of Department of Defense authority to participate in multinational military centers of excellence. 

Sec. 1233. Study of limitation on classified contracts with foreign companies 

engaged in space business with China. 

Sec. 1234. Requirement to update National Intelligence Estimate on Iran’s nuclear intentions and capabilities. 

Sec. 1235. Employment for resettled Iraqis. 

1 Subtitle A—Assistance and 

2 Training 

3 SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CA4 PACITY OF THE PAKISTAN FRONTIER CORPS. 

5 (a) AUTHORITY.—Subsection (a) of section 1206 of 

6 the National Defense Authorization Act for Fiscal Year 

7 2008 (Public Law 110–181; 122 Stat. 366) is amended 

8 by striking ‘‘during fiscal year 2008’’ and inserting ‘‘dur9 ing fiscal years 2008, 2009, and 2010’’. 

10 (b) FUNDING LIMITATION.—Subsection (c)(1) of 

11 such section is amended by striking ‘‘for fiscal year 2008 

12 to provide the assistance under subsection (a)’’ and insert13 ing ‘‘for a fiscal year specified in subsection (a) to provide 

14 the assistance under such subsection for such fiscal year’’. 


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1 SEC. 1202. MILITARY-TO-MILITARY CONTACTS AND COM2 PARABLE ACTIVITIES. 

3 Section 168(e) of title 10, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(5) Funds available under this section for fiscal year 

6 2009 or any subsequent fiscal year may be used for pro7 grams that begin in such fiscal year but end in the next 

8 fiscal year.’’. 

9 SEC. 1203. ENHANCED AUTHORITY TO PAY INCREMENTAL 

10 EXPENSES FOR PARTICIPATION OF DEVEL11 OPING COUNTRIES IN COMBINED EXERCISES. 

12 Section 2010 of title 10, United States Code, is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(e) Funds available under this section for fiscal year 

16 2009 or any subsequent fiscal year may be used for pro17 grams that begin in such fiscal year but end in the next 

18 fiscal year.’’. 

19 SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE 

20 ACQUISITION AND CROSS-SERVICING AGREE21 MENTS TO LEND MILITARY EQUIPMENT FOR 

22 PERSONNEL PROTECTION AND SURVIV23 ABILITY. 

24 (a) SEMIANNUAL REPORTS TO CONGRESSIONAL

25 COMMITTEES.—Subsection (b)(3) of section 1202 of the 

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1 cal Year 2007 (Public Law 109–364; 120 Stat. 2412), as 

2 amended by section 1252 of Public Law 110–181 (122 

3 Stat. 402), is further amended by adding at the end the 

4 following: 

5 ‘‘(E) With respect to equipment provided 

6 to each foreign force that is not returned to the 

7 United States, a description of the terms of dis8 position of the equipment to the foreign force. 

9 ‘‘(F) The percentage of equipment pro10 vided to foreign forces under the authority of 

11 this section that is not returned to the United 

12 States.’’. 

13 (b) EXPIRATION.—Subsection (e) of such section is 

14 amended by striking ‘‘September 30, 2009’’ and inserting 

15 ‘‘September 30, 2010’’. 

16 SEC. 1205. ONE-YEAR EXTENSION OF AUTHORITY FOR DIS17 TRIBUTION TO CERTAIN FOREIGN PER18 SONNEL OF EDUCATION AND TRAINING MA19 TERIALS AND INFORMATION TECHNOLOGY 

20 TO ENHANCE MILITARY INTEROPERABILITY. 

21 (a) LIMITATIONS.—Section 1207 of the John Warner 

22 National Defense Authorization Act for Fiscal Year 2007 

23 (Public Law 109–364; 120 Stat. 2419) is amended— 

24 (1) by redesignating subsections (g) and (h) as 

25 subsections (h) and (i), respectively; and 


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1 (2) by inserting after subsection (f) the fol2 lowing: 

3 ‘‘(g) LIMITATIONS.— 

4 ‘‘(1) ASSISTANCE OTHERWISE PROHIBITED BY

5 LAW.—The Secretary of Defense may not use the 

6 authority provided in this section to provide any type 

7 of assistance described in this section that is other8 wise prohibited by any other provision of law. 

9 ‘‘(2) LIMITATION ON ELIGIBLE COUNTRIES.— 

10 The Secretary of Defense may not use the authority 

11 provided in this section to provide any type of assist12 ance described in this section to the personnel re13 ferred to in subsection (b) of any foreign country 

14 that is otherwise prohibited from receiving such type 

15 of assistance under any other provision of law.’’. 

16 (b) ANNUAL REPORT.—Subsection (h)(1) of such 

17 section, as redesignated by subsection (a)(1) of this sec18 tion, is amended by striking ‘‘and 2008’’ and inserting ‘‘, 

19 2008, and 2009’’. 

20 (c) TERMINATION.—Subsection (i) of such section, as 

21 redesignated by subsection (a)(1) of this section, is 

22 amended by striking ‘‘2008’’ and inserting ‘‘2009’’. 


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1 SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORI2 TIES RELATING TO PROGRAM TO BUILD THE 

3 CAPACITY OF FOREIGN MILITARY FORCES. 

4 (a) LIMITATIONS.—Subsection (c)(1) of section 1206 

5 of the National Defense Authorization Act for Fiscal Year 

6 2006 (Public Law 109–163; 119 Stat. 3456), as amended 

7 by section 1206 of Public Law 109–364 (120 Stat. 2418), 

8 is further amended by adding at the end the following new 

9 sentence: ‘‘Amounts available under the authority of sub10 section (a) for fiscal year 2009 or any subsequent fiscal 

11 year may be used for programs that begin in such fiscal 

12 year but end in the next fiscal year.’’. 

13 (b) TWO-YEAR EXTENSION OF PROGRAM AUTHOR14 ITY.—Subsection (g) of such section is amended— 

15 (1) in the first sentence, by striking ‘‘2008’’ 

16 and inserting ‘‘2010’’; and 

17 (2) in the second sentence, by striking ‘‘2006, 

18 2007, or 2008’’ and inserting ‘‘2009 or 2010’’. 

19 SEC. 1207. EXTENSION OF AUTHORITY FOR SECURITY AND 

20 STABILIZATION ASSISTANCE. 

21 Section 1207(g) of the National Defense Authoriza22 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 

23 Stat. 3458), as amended by section 1210 of Public Law 

24 110–181 (122 Stat. 369), is further amended by striking 

25 ‘‘September 30, 2008’’ and inserting ‘‘September 30, 

26 2010’’. 


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1 SEC. 1208. AUTHORITY FOR SUPPORT OF SPECIAL OPER2 ATIONS TO COMBAT TERRORISM. 

3 (a) IN GENERAL.—Chapter 3 of title 10, United 

4 States Code, is amended by inserting after section 127d 

5 the following new section: 

6 ‘‘§ 127e. Authority for support of special operations to 

7 combat terrorism 

8 ‘‘(a) AUTHORITY.—The Secretary of Defense may ex9 pend up to $35,000,000 during any fiscal year to provide 

10 support to foreign forces, irregular forces, groups, or indi11 viduals engaged in supporting or facilitating ongoing mili12 tary operations by United States special operations forces 

13 to combat terrorism. 

14 ‘‘(b) PROCEDURES.—The Secretary of Defense shall 

15 establish procedures for the exercise of the authority 

16 under subsection (a). The Secretary shall notify the con17 gressional defense committees of those procedures before 

18 any exercise of that authority. 

19 ‘‘(c) NOTIFICATION.—Upon using the authority pro20 vided in subsection (a) to make funds available for support 

21 of an approved military operation, the Secretary of De22 fense shall notify the congressional defense committees ex23 peditiously, and in any event within 48 hours, of the use 

24 of such authority with respect to that operation. Such a 

25 notification need be provided only once with respect to any 

26 such operation. Any such notification shall be in writing. 


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1 ‘‘(d) LIMITATION ON DELEGATION.—The authority 

2 of the Secretary of Defense to make funds available under 

3 subsection (a) for support of a military operation may not 

4 be delegated. 

5 ‘‘(e) INTELLIGENCE ACTIVITIES.—This section does 

6 not constitute authority to conduct covert action, as such 

7 term is defined in section 503(e) of the National Security 

8 Act of 1947 (50 U.S.C. 413b(e)). 

9 ‘‘(f) ANNUAL REPORT.— 

10 ‘‘(1) REPORT REQUIRED.—Not later than 120 

11 days after the close of each fiscal year, the Secretary 

12 of Defense shall submit to the congressional defense 

13 committees a report on support provided under sub14 section (a) during that fiscal year. 

15 ‘‘(2) MATTERS TO BE INCLUDED.—Each report 

16 required by paragraph (1) shall describe the support 

17 provided, including— 

18 ‘‘(A) the country involved in the activity, 

19 the individual or force receiving the support, 

20 and, to the maximum extent practicable, the 

21 specific region of each country involved in the 

22 activity; 

23 ‘‘(B) the respective dates and a summary 

24 of congressional notifications for each activity; 


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1 ‘‘(C) the unified commander for each activ2 ity, as well as the related objectives, as estab3 lished by that commander; 

4 ‘‘(D) the total amount obligated to provide 

5 support; 

6 ‘‘(E) for each activity that amounts to 

7 more than $500,000, specific budget details 

8 that explain the overall funding level for that 

9 activity; and 

10 ‘‘(F) a statement providing a brief assess11 ment of the outcome of the support, including 

12 specific indications of how the support 

13 furthered the mission objective of special oper14 ations forces and the type of follow-on support, 

15 if any, that may be necessary. 

16 ‘‘(g) ANNUAL LIMITATION.—Support may be pro17 vided under subsection (a) from funds made available for 

18 operations and maintenance.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 3 of such title is amended by 

21 inserting after the item relating to section 127d the fol22 lowing new item: 

‘‘127e. Authority for support of special operations to combat terrorism.’’. 

23 (c) REPEAL.—Section 1208 of the Ronald W. Reagan 

24 National Defense Authorization Act for Fiscal Year 2005 

25 (Public Law 108–375; 118 Stat. 2086) is hereby repealed. 


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1 SEC. 1209. REGIONAL DEFENSE COMBATING TERRORISM 

2 FELLOWSHIP PROGRAM. 

3 Section 2249c(b) of title 10, United States Code, is 

4 amended in the first sentence by striking ‘‘$25,000,000’’ 

5 and inserting ‘‘$35,000,000’’. 

6 Subtitle B—Matters Relating to 

7 Iraq and Afghanistan 

8 SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR 

9 CERTAIN PURPOSES RELATING TO IRAQ. 

10 (a) LIMITATION.—No funds appropriated pursuant 

11 to an authorization of appropriations in this Act or any 

12 other Act for any fiscal year may be obligated or expended 

13 for a purpose as follows: 

14 (1) To establish any military installation or 

15 base for the purpose of providing for the permanent 

16 stationing of United States Armed Forces in Iraq. 

17 (2) To exercise United States control of the oil 

18 resources of Iraq. 

19 (b) DEFINITION.—In this section, the term ‘‘perma20 nent stationing of United States Armed Forces in Iraq’’ 

21 means the stationing of United States Armed Forces in 

22 Iraq on a continuing or lasting basis, as distinguished 

23 from temporary, although the basis may be permanent 

24 even though it may be dissolved eventually at the request 

25 either of the United States or of the Government of Iraq, 

26 in accordance with law. 


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1 SEC. 1212. REPORT ON STATUS OF FORCES AGREEMENTS 

2 BETWEEN THE UNITED STATES AND IRAQ. 

3 (a) REQUIREMENT FOR REPORT.— 

4 (1) IN GENERAL.—(A) Not later than 90 days 

5 after the date of the enactment of this Act, the 

6 President shall transmit to the appropriate congres7 sional committees a report on each agreement be8 tween the United States and Iraq relating to— 

9 (i) the legal status of United States mili10 tary personnel, civilian personnel, and con11 tractor personnel of contracts awarded by any 

12 department or agency of the United States Gov13 ernment; 

14 (ii) the establishment of or access to mili15 tary bases; 

16 (iii) the rules of engagement under which 

17 United States Armed Forces operate in Iraq; 

18 and 

19 (iv) any security commitment, arrange20 ment, or assurance that obligates the United 

21 States to respond to internal or external threats 

22 against Iraq. 

23 (B) If, on the date that is 90 days after the 

24 date of the enactment of this Act, no agreement be25 tween the United States and Iraq described in sub26 paragraph (A) has been completed, the President 


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1 shall notify the appropriate congressional committees 

2 that no such agreement has been completed, and 

3 shall transmit to the appropriate congressional com4 mittees the report required under subparagraph (A) 

5 as soon as practicable after such an agreement or 

6 agreements are completed. 

7 (2) UPDATE OF REPORT.—The President shall 

8 transmit to the appropriate congressional commit9 tees an update of the report required under para10 graph (1) whenever an agreement between the 

11 United States and Iraq relating to the matters de12 scribed in the report is entered into or is substan13 tially revised. 

14 (b) MATTERS TO BE INCLUDED.—The report re15 quired under subsection (a) shall include, with respect to 

16 each agreement described in subsection (a), the following: 

17 (1) A discussion of limits placed on United 

18 States combat operations by the Government of 

19 Iraq, including required coordination, if any, before 

20 such operations can be undertaken. 

21 (2) An assessment of the extent to which condi22 tions placed on United States combat operations are 

23 greater than the conditions under which United 

24 States Armed Forces operated prior to the signing 

25 of the agreement, and any constraints placed on 


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1 United States military personnel, civilian personnel, 

2 and contractor personnel of contracts awarded by 

3 any department or agency of the United States Gov4 ernment as a result of such conditions. 

5 (3) A discussion of the conditions under which 

6 United States military personnel, civilian personnel, 

7 or contractor personnel of contracts awarded by any 

8 department or agency of the United States Govern9 ment could be tried by an Iraqi court for alleged 

10 crimes occurring both during the performance of of11 ficial duties and during other such times. The dis12 cussion should include an assessment of the protec13 tions that such personnel would be extended in an 

14 Iraqi court, if applicable. 

15 (4) An assessment of the protections accorded 

16 by the agreement to third country nationals who 

17 carry out work for the United States Armed Forces. 

18 (5) An assessment of authorities under the 

19 agreement for United States Armed Forces and Co20 alition partners to apprehend, detain, and interro21 gate prisoners and otherwise collect intelligence. 

22 (6) A description and discussion of any security 

23 commitment, arrangement, or assurance by the 

24 United States to respond to internal or external 

25 threats against Iraq, including the manner in which 


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1 such commitment, arrangement, or assurance may 

2 be implemented. 

3 (7) An assessment of any payments required 

4 under the agreement to be paid to the Government 

5 of Iraq or other Iraqi entities for rights, access, or 

6 support for bases and facilities. 

7 (8) An assessment of any payments required 

8 under the agreement for any claims for deaths and 

9 damages caused by United States military personnel, 

10 civilian personnel, and contractor personnel of con11 tracts awarded by any department or agency of the 

12 United States Government in the performance of 

13 their official duties. 

14 (9) An assessment of any other provisions in 

15 the agreement that would restrict the performance 

16 of the mission of United States military personnel, 

17 civilian personnel, and contractor personnel of con18 tracts awarded by any department or agency of the 

19 United States Government. 

20 (10) A discussion of how the agreement or 

21 modification to the agreement was approved by the 

22 Government of Iraq, and if this process was con23 sistent with the Constitution of Iraq. 

24 (11) A description of the arrangements required 

25 under the agreement to resolve disputes arising over 


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1 matters contained in the agreement or to consider 

2 changes to the agreement. 

3 (12) A discussion of the extent to which the 

4 agreement applies to other Coalition partners. 

5 (13) A description of how the agreement can be 

6 terminated by the United States or Iraq. 

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

8 shall be submitted in unclassified form, but may include 

9 a classified annex. 

10 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

11 DEFINED.—In this section, the term ‘‘appropriate con12 gressional committees’’ means— 

13 (1) the Committee on Armed Services and the 

14 Committee on Foreign Affairs of the House of Rep15 resentatives; and 

16 (2) the Committee on Armed Services and the 

17 Committee on Foreign Relations of the Senate. 

18 (e) TERMINATION OF REQUIREMENT.—The require19 ment to submit the report and updates of the report under 

20 subsection (a) terminates on September 30, 2013. 

21 SEC. 1213. STRATEGY FOR UNITED STATES-LED PROVIN22 CIAL RECONSTRUCTION TEAMS IN IRAQ. 

23 (a) IN GENERAL.—The President shall— 

24 (1) establish a strategy to ensure that United 

25 States-led Provincial Reconstruction Teams (PRTs), 


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1 including embedded PRTs and Provincial Support 

2 Teams, in Iraq are supporting the operational and 

3 strategic goals of Coalition Forces in Iraq; and 

4 (2) establish measures of effectiveness and per5 formance in meeting PRT-specific work plans with 

6 clearly defined objectives in furtherance of the strat7 egy required under paragraph (1). 

8 (b) REPORT.— 

9 (1) IN GENERAL.—Not later than 60 days after 

10 the date of the enactment of this Act, and every 90 

11 days thereafter through the end of fiscal year 2010, 

12 the President shall transmit to the appropriate con13 gressional committees a report on the implementa14 tion of the strategy required under subsection (a) 

15 and an assessment of the specific contributions 

16 PRTs are making in supporting the operational and 

17 strategic goals of Coalition Forces in Iraq. The ini18 tial report required under this subsection should in19 clude a description of the strategy and a general dis20 cussion of the measures of effectiveness and per21 formance required under subsection (a). 

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

23 required under this subsection may be included in 

24 the report required by section 1227 of the National 


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1 Defense Authorization Act for Fiscal Year 2006 

2 (Public Law 109–163; 119 Stat. 3465). 

3 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED.—In this section, the term ‘‘appropriate congres5 sional committees’’ means— 

6 (1) the Committee on Armed Services, the 

7 Committee on Appropriations, and the Committee on 

8 Foreign Affairs of the House of Representatives; 

9 and 

10 (2) the Committee on Armed Services, the 

11 Committee on Appropriations, and the Committee on 

12 Foreign Relations of the Senate. 

13 SEC. 1214. COMMANDERS’ EMERGENCY RESPONSE PRO14 GRAM. 

15 (a) AUTHORITY FOR FISCAL YEARS 2008 AND

16 2009.—Subsection (a) of section 1202 of the National De17 fense Authorization Act for Fiscal Year 2006 (Public Law 

18 109–163; 119 Stat. 3455), as amended by section 1205 

19 of Public Law 110–181 (122 Stat. 366), is further amend20 ed in the matter preceding paragraph (1)— 

21 (1) by striking ‘‘$977,441,000’’ and inserting 

22 ‘‘$1,700,000,000 in fiscal year 2008 and 

23 $1,500,000,000 in fiscal year 2009,’’; and 

24 (2) by striking ‘‘in such fiscal year’’. 


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1 (b) LIMITATION ON AMOUNTS FOR IRAQ FOR FISCAL

2 YEAR 2009.—Such section is further amended by adding 

3 at the end the following: 

4 ‘‘(f) LIMITATION ON AMOUNTS FOR IRAQ FOR FISCAL

5 YEAR 2009.— 

6 ‘‘(1) LIMITATION.—The amount obligated and 

7 expended under this section for the Commanders’ 

8 Emergency Response Program in Iraq for fiscal year 

9 2009 may not exceed twice the amount obligated by 

10 the Government of Iraq during calendar year 2008 

11 under the Government of Iraq Commanders’ Emer12 gency Response Program (commonly known as ‘I– 

13 CERP’), as established pursuant to the Memo14 randum of Understanding Between the Supreme Re15 construction Council of the Secretariat of Ministers 

16 and the Multi-National Force–Iraq Concerning Im17 plementation of the Government of Iraq Com18 manders’ Emergency Response Program (I–CERP), 

19 signed by the parties on March 25, 2008, and April 

20 3, 2008, respectively. 

21 ‘‘(2) WAIVER.—The Secretary of Defense may 

22 waive the limitation under paragraph (1) if the Sec23 retary of Defense— 

24 ‘‘(A) determines that such a waiver is re25 quired to meet urgent and compelling needs 


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1 that would not otherwise be met and which, if 

2 unmet, could rationally be expected to lead to 

3 increased threats to United States military or 

4 civilian personnel; and 

5 ‘‘(B) submits in writing to the appropriate 

6 congressional committees a notification of the 

7 waiver, together with a discussion of— 

8 ‘‘(i) the unmet urgent and compelling 

9 needs and the impact on the threat level 

10 facing United States military or civilian 

11 personnel, if the waiver is not exercised; 

12 ‘‘(ii) efforts undertaken by the De13 partment of Defense to convince the Gov14 ernment of Iraq to provide funds to meet 

15 the urgent and compelling needs and the 

16 reason these efforts were unsuccessful; and 

17 ‘‘(iii) efforts of the Department of De18 fense to convince the Government of Iraq 

19 to provide additional funds in the future to 

20 meet such urgent and compelling needs or 

21 to undertake other measures to meet such 

22 needs on their own. 

23 ‘‘(3) APPROPRIATE CONGRESSIONAL COMMIT24 TEES DEFINED.—In this subsection, the term ‘ap25 propriate congressional committees’ means— 


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1 ‘‘(A) the Committees on Armed Services of 

2 the House of Representatives and the Senate; 

3 and 

4 ‘‘(B) the Committees on Appropriations of 

5 the House of Representatives and the Senate.’’. 

6 SEC. 1215. PERFORMANCE MONITORING SYSTEM FOR 

7 UNITED STATES-LED PROVINCIAL RECON8 STRUCTION TEAMS IN AFGHANISTAN. 

9 (a) IN GENERAL.—The President, acting through the 

10 Secretary of Defense and the Secretary of State, shall de11 velop and implement a system to monitor the performance 

12 of United States-led Provincial Reconstruction Teams 

13 (PRTs) in Afghanistan. 

14 (b) ELEMENTS OF PERFORMANCE MONITORING SYS15 TEM.—The performance monitoring system required 

16 under subsection (a)— 

17 (1) shall include PRT-specific work plans that 

18 incorporate the long-term strategy, mission, and 

19 clearly defined objectives required by section 

20 1230(c)(3) of the National Defense Authorization 

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

22 Stat. 386); and 

23 (2) shall include comprehensive performance in24 dicators and measures of progress toward sustain25 able long-term security and stability in Afghanistan, 


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1 and include performance standards and progress 

2 goals together with a notional timetable for achiev3 ing such goals, consistent with the requirements of 

4 section 1230(d) of the National Defense Authoriza5 tion Act for Fiscal Year 2008 (Public Law 110–181; 

6 122 Stat. 388). 

7 (c) REPORT.—Not later than 90 days after the date 

8 of the enactment of this Act, the President shall submit 

9 to the appropriate congressional committees a report on 

10 the implementation of the performance monitoring system 

11 required under subsection (a). 

12 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

13 DEFINED.—In this section, the term ‘‘appropriate con14 gressional committees’’ means— 

15 (1) the Committee on Armed Services, the 

16 Committee on Appropriations, and the Committee on 

17 Foreign Affairs of the House of Representatives; 

18 and 

19 (2) the Committee on Armed Services, the 

20 Committee on Appropriations, and the Committee on 

21 Foreign Relations of the Senate. 


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1 SEC. 1216. REPORT ON COMMAND AND CONTROL STRUC2 TURE FOR MILITARY FORCES OPERATING IN 

3 AFGHANISTAN. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the command and control structure for military 

6 forces operating in Afghanistan, which consist of North 

7 Atlantic Treaty Organization (NATO) International Secu8 rity Assistance Force (ISAF) forces and separate United 

9 States forces operating under Operation Enduring Free10 dom, should be modified to better coordinate and de-con11 flict military operations and achieve unity of command 

12 and unity of effort whenever possible in Afghanistan. 

13 (b) REPORT REQUIRED.— 

14 (1) IN GENERAL.—Not later than 60 days after 

15 the date of the enactment of this Act, or December 

16 1, 2008, whichever occurs later, the Secretary of De17 fense shall submit to the appropriate congressional 

18 committees a report on the command and control 

19 structure for military forces operating in Afghani20 stan. 

21 (2) MATTERS TO BE INCLUDED.—The report 

22 required under paragraph (1) shall include the fol23 lowing: 

24 (A) A detailed description of efforts by the 

25 Secretary of Defense, in coordination with sen26 ior leaders of NATO ISAF forces, including the 


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1 commander of NATO ISAF forces, to modify 

2 the chain of command structure for military 

3 forces operating in Afghanistan to better co4 ordinate and de-conflict military operations and 

5 achieve unity of command whenever possible in 

6 Afghanistan, and the results of such efforts. 

7 (B) A comprehensive assessment of options 

8 for improving the command and control struc9 ture for military forces operating in Afghani10 stan, including— 

11 (i) the establishment by the United 

12 States Central Command of a United 

13 States headquarters in Kabul, Afghani14 stan, led by a commander holding the 

15 grade of lieutenant general, or in the case 

16 of the Navy, vice admiral, and charged 

17 with— 

18 (I) leading United States Armed 

19 Forces operating under Operation En20 during Freedom; 

21 (II) leading country-wide Depart22 ment of Defense–led initiatives; and 

23 (III) closely coordinating efforts 

24 with NATO ISAF forces, the United 

25 States Embassy in Afghanistan, and 


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1 other United States and international 

2 elements in Afghanistan; and 

3 (ii) authorization for the highest-rank4 ing United States commander of NATO 

5 ISAF forces to have additional command 

6 authority over separate United States 

7 forces operating under Operation Enduring 

8 Freedom. 

9 (C) A detailed description of any United 

10 States or NATO ISAF plan or strategy for im11 proving the command and control structure for 

12 military forces operating in Afghanistan. 

13 (D) A description of how rules of engage14 ment are determined and managed for United 

15 States forces operating under NATO ISAF or 

16 Operation Enduring Freedom, and a descrip17 tion of any key differences between rules of en18 gagement for NATO ISAF forces and separate 

19 United States forces operating under Operation 

20 Enduring Freedom. 

21 (E) An assessment of how possible modi22 fications to the command and control structure 

23 for military forces operating in Afghanistan 

24 would impact coordination of military and civil25 ian efforts in Afghanistan. 


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1 (3) FORM.—The report required under para2 graph (1) shall be submitted in an unclassified form, 

3 but may include a classified annex, if necessary. 

4 (4) APPROPRIATE CONGRESSIONAL COMMIT5 TEES DEFINED.—In this subsection, the term ‘‘ap6 propriate congressional committees’’ means— 

7 (A) the Committee on Armed Services and 

8 the Committee on Foreign Affairs of the House 

9 of Representatives; and 

10 (B) the Committee on Armed Services and 

11 the Committee on Foreign Relations of the Sen12 ate. 

13 SEC. 1217. REPORT ON ENHANCING SECURITY AND STA14 BILITY IN THE REGION ALONG THE BORDER 

15 OF AFGHANISTAN AND PAKISTAN. 

16 (a) REPORT REQUIRED.—Subsection (a) of section 

17 1232 of the National Defense Authorization Act for Fiscal 

18 Year 2008 (Public Law 110–181; 122 Stat. 392) is 

19 amended by striking paragraph (5). 

20 (b) NOTIFICATION RELATING TO DEPARTMENT OF

21 DEFENSE COALITION SUPPORT FUNDS FOR PAKISTAN.— 

22 Subsection (b)(1)(A) of such section is amended by strik23 ing ‘‘congressional defense committees’’ and inserting ‘‘ap24 propriate congressional committees’’. 


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1 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.—Such section is further amended by adding at the 

3 end the following: 

4 ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES

5 DEFINED.—In this section, the term ‘appropriate congres6 sional committees’ means— 

7 ‘‘(1) the Committee on Armed Services, the 

8 Committee on Appropriations, and the Committee on 

9 Foreign Affairs of the House of Representatives; 

10 and 

11 ‘‘(2) the Committee on Armed Services, the 

12 Committee on Appropriations, and the Committee on 

13 Foreign Relations of the Senate.’’. 

14 SEC. 1218. STUDY AND REPORT ON IRAQI POLICE TRAINING 

15 TEAMS. 

16 (a) STUDY.—Not later than 60 days after the date 

17 of the enactment of this Act, the Secretary of Defense, 

18 in consultation with the Secretary of State and the Gov19 ernment of Iraq, shall conduct a study and submit to the 

20 appropriate congressional committees a report containing 

21 the recommendations of the Secretary of Defense on— 

22 (1) the number of advisors needed to suffi23 ciently staff enough Iraqi police training teams to 

24 cover a majority of the approximately 1,100 Iraqi 


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1 police stations in fiscal year 2009 and estimated lev2 els in fiscal year 2010; 

3 (2) the funding required to staff the Iraqi police 

4 training teams in fiscal year 2009 and estimated lev5 els in fiscal year 2010; and 

6 (3) the feasibility of transferring responsibility 

7 for the program to staff and support the Iraqi police 

8 training teams from the Department of Defense to 

9 the Department of State. 

10 (b) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

11 In this section, the term ‘‘appropriate congressional com12 mittees’’ means— 

13 (1) the Committee on Armed Services and the 

14 Committee on Foreign Affairs of the House of Rep15 resentatives; and 

16 (2) the Committee on Armed Services and the 

17 Committee on Foreign Relations of the Senate. 

18 SEC. 1219. DECLARATION OF POLICY RELATING TO STATUS 

19 OF FORCES AGREEMENTS BETWEEN THE 

20 UNITED STATES AND IRAQ. 

21 (a) DECLARATION OF POLICY.—It shall be the policy 

22 of the United States to ensure that any agreement be23 tween the United States and the Republic of Iraq relating 

24 to the legal status of United States military personnel or 

25 the establishment of or access to military bases includes 


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1 as part of the agreement measures requiring the provision 

2 of support by the Government of Iraq for United States 

3 Armed Forces stationed in Iraq. 

4 (b) SUPPORT DESCRIBED.—Support referred to in 

5 subsection (a) may include the provision of financial or 

6 other types of support to assist United States Armed 

7 Forces stationed in Iraq in the conduct of their assigned 

8 mission. 

9 SEC. 1220. LIMITATION ON CERTAIN STATUS OF FORCES 

10 AGREEMENTS BETWEEN THE UNITED STATES 

11 AND IRAQ. 

12 No provision of any agreement between the United 

13 States and Iraq described in section 1212 (a)(1)(A)(iv) 

14 shall be in force with respect to the United States unless 

15 the agreement— 

16 (1) is in the form of a treaty requiring the ad17 vice and consent of the Senate (or is intended to 

18 take that form in the case of an agreement under 

19 negotiation); or 

20 (2) is specifically authorized by an Act of Con21 gress enacted after the date of the enactment of this 

22 Act. 


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1 SEC. 1221. REPORT ON LONG-TERM COSTS OF OPERATION 

2 IRAQI FREEDOM AND OPERATION ENDURING 

3 FREEDOM. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) The United States has been engaged in 

6 military operations in Afghanistan since October 

7 2001 and in military operations in Iraq since March 

8 2003. 

9 (2) According to the Congressional Research 

10 Service, to date, Congress has appropriated 

11 $700,000,000,000 from fiscal year 2001 through fis12 cal year 2008 for the Department of Defense, the 

13 State Department, and for medical costs paid by the 

14 Department of Veterans Affairs. This amount in15 cludes $526,000,000,000 for Iraq and 

16 $140,000,000,000 for Afghanistan and other 

17 counterterror operations. Among other expenditures, 

18 this amount includes funding for combat operations; 

19 deploying, transporting, feeding, and housing troops; 

20 deployment of National Guard and Reserve troops; 

21 the equipping and training of Iraqi and Afghani 

22 forces; purchasing, upgrading, and repairing weap23 ons, munitions and other equipment; supplemental 

24 combat pay and benefits; providing medical care to 

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1 struction and foreign aid; and payments to other 

2 countries for logistical assistance. 

3 (3) Over 90 percent of Department of Defense 

4 funds for operations in Iraq and Afghanistan have 

5 been provided as emergency funds in supplemental 

6 or additional appropriations. 

7 (4) The Congressional Budget Office and the 

8 Congressional Research Service have stated that fu9 ture war costs are difficult to estimate because the 

10 Department of Defense has provided little detailed 

11 information on costs incurred to date, does not re12 port outlays or actual expenditures for war because 

13 war and baseline funds are mixed in the same ac14 counts, and does not provide information on many 

15 key factors which determine costs, including per16 sonnel levels or the pace of operations. 

17 (5) To date, the administration has not pro18 vided any long-term estimates of war costs, despite 

19 a statutory reporting requirement that the President 

20 submit a cost estimate for fiscal year 2006 through 

21 fiscal year 2011 that was enacted in 2004. 

22 (6) Operating costs in Iraq and Afghanistan 

23 have been increasing steadily since 2003, and war 

24 costs in Iraq have sharply increased from 

25 $50,000,000,000 in 2003 to approximately 


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1 $134,000,000,000 for fiscal year 2007, to the 

2 $154,000,000,000 request for fiscal year 2008. 

3 (7) The Iraq Study Group Report states that, 

4 ‘‘the United States has made a massive commitment 

5 to the future of Iraq in both blood and treasure,’’ 

6 warns that ‘‘the United States must expect signifi7 cant ‘tail costs’ to come’’, and predicts that ‘‘Caring 

8 for veterans and replacing lost equipment will run 

9 into the hundreds of billions of dollars. Estimates 

10 run as high as $2 trillion for the final cost of the 

11 U.S. involvement in Iraq’’. 

12 (8) The Iraq Study Group Report also finds 

13 that ‘‘This level of expense is not sustainable over an 

14 extended period. . .’’. 

15 (9) The use of government contractors and pri16 vate military firms has reached unprecedented levels, 

17 with over 100,000 contractors operating in Iraq. 

18 (10) Over 1,600,000 American troops have 

19 served in Afghanistan and Iraq since the beginning 

20 of the conflicts. 

21 (11) Over 4,050 United States troops and De22 partment of Defense civilian personnel have been 

23 killed in Operation Iraqi Freedom, and over 490 

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1 vilian personnel have been killed in Operation En2 during Freedom. 

3 (12) National Guard and Reserve troops are 

4 being deployed in support of these conflicts at un5 precedented levels. 

6 (13) Many troops are serving multiple deploy7 ments, and one-third of those serving in the Iraq 

8 war have been deployed two or more times. 

9 (14) Over 1,100 service members have suffered 

10 amputations as a result of their service in Afghani11 stan and Iraq. 

12 (15) More than 100,000 Iraq and Afghanistan 

13 veterans have been treated for mental health condi14 tions. 

15 (16) 52,000 Iraq and Afghanistan veterans 

16 have been diagnosed with Post-Traumatic Stress 

17 Disorder. 

18 (17) Nearly 37 percent of soldiers returning 

19 from Iraq and Afghanistan have sought treatment at 

20 Department of Veterans Affairs hospitals and clin21 ics. 

22 (18) Many troops have suffered multiple inju23 ries, with veterans claiming an average of five sepa24 rate conditions. 


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1 (19) The Independent Review Group on Reha2 bilitative Care and Administrative Processes at Wal3 ter Reed Army Medical Center and National Naval 

4 Medical Center identified Traumatic Brain Injury, 

5 Post-Traumatic Stress Disorder, increased survival 

6 of severe burns, and traumatic amputations as the 

7 four signature wounds of the current conflicts, and 

8 found that the ‘‘numbers of servicemembers sur9 viving with. . .complex injuries have challenged our 

10 modern military medical system and exposed weak11 ness and breakdowns in access to care, as well as 

12 continuity of care management and follow-on admin13 istrative processes’’. 

14 (20) The Independent Review Group report also 

15 states that the recovery process ‘‘can take months or 

16 years and must accommodate recurring or delayed 

17 manifestations of symptoms, extended rehabilitation 

18 and all the life complications that emerge over time 

19 from such trauma’’. 

20 (b) REPORT REQUIREMENT; SCENARIOS.—Not later 

21 than 90 days after the date of the enactment of this Act, 

22 the President, with contributions from the Secretary of 

23 Defense, the Secretary of State, and the Secretary of the 

24 Department of Veterans Affairs, shall submit a report to 

25 Congress containing an estimate of the long-term costs of 


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1 Operation Iraqi Freedom and Operation Enduring Free2 dom. The report shall contain estimates for the following 

3 scenarios: 

4 (1) The number of personnel deployed in sup5 port of Operation Iraqi Freedom and Operation En6 during Freedom is reduced from current levels to 

7 30,000 by the beginning of fiscal year 2010 and re8 mains at that level through fiscal year 2017. 

9 (2) The number of personnel deployed in sup10 port of Operation Iraqi Freedom and Operation En11 during Freedom is reduced from current levels to 

12 75,000 by the beginning of fiscal year 2013 and re13 mains at that level through 2017. 

14 (3) An alternative scenario, defined by the 

15 President and based on current war plans, which 

16 takes into account expected troop levels and the ex17 pected length of time that troops will be deployed in 

18 support of Operation Iraqi Freedom and Operation 

19 Enduring Freedom. 

20 (c) SPECIAL CONSIDERATIONS.—The estimates re21 quired for each scenario shall make projections through 

22 at least fiscal year 2068, shall be adjusted appropriately 

23 for inflation, and shall take into account and specify the 

24 following: 


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1 (1) The total number of troops expected to be 

2 activated and deployed to Iraq and Afghanistan dur3 ing the course of Operation Iraqi Freedom and Op4 eration Enduring Freedom. This number shall in5 clude all troops deployed in the region in support of 

6 Operation Iraqi Freedom and Operation Enduring 

7 Freedom and activated reservists in the United 

8 States who are training, backfilling for deployed 

9 troops, or supporting other Department of Defense 

10 missions directly or indirectly related to Operation 

11 Iraqi Freedom and Operation Enduring Freedom. 

12 This number shall also break down activations and 

13 deployments of Active Duty, Reservists, and Na14 tional Guard troops. 

15 (2) The number of troops, including National 

16 Guard and Reserve troops, who have served and who 

17 are expected to serve multiple deployments. 

18 (3) The number of contractors and private mili19 tary security firms that have been utilized and are 

20 expected to be utilized during the course of the con21 flicts in Iraq and Afghanistan. 

22 (4) The number of veterans currently suffering 

23 and expected to suffer from Post-Traumatic Stress 

24 Disorder, Traumatic Brain Injury, or other mental 

25 injuries. 


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1 (5) The number of veterans currently in need of 

2 and expected to be in need of prosthetic care and 

3 treatment because of amputations incurred during 

4 Operation Iraqi Freedom and Operation Enduring 

5 Freedom. 

6 (6) The current number of pending Department 

7 of Veterans Affairs claims from Iraq and Afghani8 stan veterans, and the total number of Iraq and Af9 ghanistan veterans expected to seek disability com10 pensation benefits from the Department of Veterans 

11 Affairs. 

12 (7) The total number of troops who have been 

13 killed and wounded in Iraq and Afghanistan to date, 

14 including noncombat casualties, the total number of 

15 troops expected to suffer injuries in Iraq and Af16 ghanistan, and the total number of troops expected 

17 to be killed in Iraq and Afghanistan, including non18 combat casualties. 

19 (8) Funding already appropriated for the De20 partment of Defense, the Department of State, and 

21 the Department of Veterans Affairs for costs related 

22 to the wars in Iraq and Afghanistan. This shall in23 clude an account of the amount of funding from reg24 ular Department of Defense, Department of State, 


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1 and Department of Veterans Affairs budgets that 

2 has gone and will go to Iraq and Afghanistan. 

3 (9) Current and future operational expendi4 tures, including funding for combat operations; de5 ploying, transporting, feeding, and housing troops 

6 (including fuel costs); deployment of National Guard 

7 and Reserve troops; the equipping and training of 

8 Iraqi and Afghani forces; purchasing, upgrading, 

9 and repairing weapons, munitions and other equip10 ment; and payments to other countries for logistical 

11 assistance. 

12 (10) Past, current, and future cost of govern13 ment contractors and private military security firms. 

14 (11) Average annual cost for each troop de15 ployed in support of Operation Iraqi Freedom and 

16 Operation Enduring Freedom, including room and 

17 board, equipment and body armor, transportation of 

18 troops and equipment (including fuel costs), and 

19 operational costs. 

20 (12) Current and future cost of combat-related 

21 special pays and benefits, including reenlistment bo22 nuses. 

23 (13) Current and future cost of activating Na24 tional Guard and Reserve forces and paying them on 

25 a full-time basis. 


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1 (14) Current and future cost for reconstruction, 

2 embassy operations and construction, and foreign 

3 aid programs for Iraq and Afghanistan. 

4 (15) Current and future cost of bases and other 

5 infrastructure to support United States troops in 

6 Iraq and Afghanistan. 

7 (16) Current and future cost of providing 

8 healthcare for returning veterans. This estimate 

9 shall include the cost of mental health treatment for 

10 veterans suffering from Post-Traumatic Stress Dis11 order and Traumatic Brain Injury, and other mental 

12 problems as a result of their service in Operation 

13 Iraqi Freedom and Operation Enduring Freedom. 

14 This estimate shall also include the cost of lifetime 

15 prosthetics care and treatment for veterans suffering 

16 from amputations as a result of their service in Op17 eration Iraqi Freedom and Operation Enduring 

18 Freedom. 

19 (17) Current and future cost of providing De20 partment of Veterans Affairs disability benefits for 

21 lifetime of veterans. 

22 (18) Current and future cost of providing sur23 vivors’ benefits to survivors of service members. 

24 (19) Cost of bringing troops and equipment 

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1 mobilizing troops, transporting troops home (includ2 ing fuel costs), providing transition services from ac3 tive duty to veteran status, transporting equipment, 

4 weapons, and munitions (including fuel costs), and 

5 an estimate of the value of equipment which will be 

6 left behind. 

7 (20) Cost to restore the military and military 

8 equipment, including the National Guard and Na9 tional Guard equipment, to full strength after the 

10 wars. 

11 (21) Cost of the administration’s plan to per12 manently increase the Army and Marine Corps by 

13 92,000 over the next six years. 

14 (22) Amount of money borrowed to pay for the 

15 wars in Iraq and Afghanistan, and the sources of 

16 that money. 

17 (23) Interest on borrowed money, including in18 terest for money already borrowed and anticipated 

19 interest payments on future borrowing for the war 

20 in Iraq and the war in Afghanistan. 

21 Subtitle C—Other Matters 

22 SEC. 1231. PAYMENT OF PERSONNEL EXPENSES FOR MUL23 TILATERAL COOPERATION PROGRAMS. 

24 (a) IN GENERAL.—Section 1051 of title 10, United 

25 States Code, is amended— 


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1 (1) in the heading, by striking ‘‘Bilateral or 

2 regional’’ and inserting ‘‘Bilateral, multilat3 eral, or regional’’; 

4 (2) in subsection (a), by striking ‘‘bilateral or 

5 regional’’ and inserting ‘‘bilateral, multilateral, or 

6 regional’’; 

7 (3) in subsection (b)— 

8 (A) in paragraph (1)— 

9 (i) by striking ‘‘to and within’’ and in10 serting ‘‘to, from, and within’’; and 

11 (ii) by striking ‘‘bilateral or regional’’ 

12 and inserting ‘‘bilateral, multilateral, or re13 gional’’; and 

14 (B) in paragraph (2), by striking ‘‘bilateral 

15 or regional’’ and inserting ‘‘bilateral, multilat16 eral, or regional’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(e) Funds available under this section for fiscal year 

19 2009 and subsequent fiscal years may be used for pro20 grams that begin in such fiscal year but end in the next 

21 fiscal year.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of chapter 53 of such title is amended 

24 by striking the item relating to section 1051 and inserting 

25 the following: 


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‘‘1051. Bilateral, multilateral, or regional cooperation programs: payment of personnel expenses.’’. 

1 SEC. 1232. EXTENSION OF DEPARTMENT OF DEFENSE AU2 THORITY TO PARTICIPATE IN MULTI3 NATIONAL MILITARY CENTERS OF EXCEL4 LENCE. 

5 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

6 section 1205 of the John Warner National Defense Au7 thorization Act for Fiscal Year 2007 (Public Law 109– 

8 364; 120 Stat. 2416), as amended by section 1204 of Pub9 lic Law 110–181 (122 Stat. 365), is further amended by 

10 striking ‘‘fiscal years 2007 and 2008’’ and inserting ‘‘fis11 cal years 2007, 2008, and 2009’’. 

12 (b) LIMITATION ON AMOUNTS AVAILABLE FOR PAR13 TICIPATION.—Subsection (e)(2) of such section is amend14 ed— 

15 (1) in subparagraph (A), by striking ‘‘and’’ at 

16 the end; 

17 (2) in subparagraph (B), by striking the period 

18 at the end and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(C) in fiscal year 2009, $5,000,000.’’. 

21 (c) REPORTS.—Subsection (g)(1) of such section is 

22 amended— 


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1 (1) by striking ‘‘and October 31, 2008,’’ and in2 serting ‘‘October 31, 2008, and October 31, 2009,’’; 

3 and 

4 (2) by striking ‘‘fiscal years 2007 and 2008’’ 

5 and inserting ‘‘fiscal years 2007, 2008, and 2009’’. 

6 SEC. 1233. STUDY OF LIMITATION ON CLASSIFIED CON7 TRACTS WITH FOREIGN COMPANIES EN8 GAGED IN SPACE BUSINESS WITH CHINA. 

9 (a) LIMITATION.— 

10 (1) IN GENERAL.—Subject to subsection (b), no 

11 funds appropriated pursuant to an authorization of 

12 appropriations in this Act or otherwise made avail13 able for the Department of Defense for fiscal year 

14 2009 or any fiscal year thereafter may be obligated 

15 or expended under one or more contracts for classi16 fied work between the Department of Defense and 

17 a foreign-owned company if that company, or any 

18 parent, sister, subsidiary, or affiliate of that com19 pany, is engaged with China in the development, 

20 manufacture, or launch of ITAR-free satellites. 

21 (2) EXCEPTION.—Paragraph (1) does not apply 

22 to a foreign-owned company if the Secretary of De23 fense, in consultation with the Secretary of State, 

24 submits to Congress a certification that— 


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1 (A) no satellite or space launch vehicle 

2 technology, technical information, or intellectual 

3 property gained by the foreign-owned company 

4 through the contracts for classified work re5 ferred to in paragraph (1) is being disclosed 

6 (intentionally or unintentionally) in a manner 

7 that may improve China’s satellite, rocket, or 

8 missile capabilities; and 

9 (B) it is in the national security interests 

10 of the Department to continue to enter into 

11 contracts for classified work with the foreign12 owned company. 

13 (b) STUDY AND SUSPENSION OF LIMITATION.— 

14 (1) STUDY.—The Secretary of Defense shall 

15 conduct a study of the implications of imposing a 

16 limitation such as the limitation in subsection (a) 

17 and shall provide the study to the congressional de18 fense committees not later than 60 days after the 

19 date of the enactment of this Act. 

20 (2) SUSPENSION OF LIMITATION.—The Sec21 retary shall suspend the application of the limitation 

22 in subsection (a) until— 

23 (A) the Secretary has completed the study 

24 required by paragraph (1); 


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1 (B) the Secretary has determined, as a re2 sult of the study, that applying the limitation in 

3 subsection (a) promotes the national interest; 

4 and 

5 (C) the Secretary has submitted to the 

6 Committees on Armed Services of the Senate 

7 and House of Representatives a report on the 

8 results of the study, including the rationale for 

9 the determination described in subparagraph 

10 (B). 

11 (c) DEFINITIONS.—In this section: 

12 (1) The term ‘‘ITAR-free satellite’’ applies to a 

13 satellite if no component of the satellite and no tech14 nical information relating to the satellite is subject 

15 to export controls specified in the International 

16 Traffic in Arms Regulations. 

17 (2) The term ‘‘International Traffic in Arms 

18 Regulations’’ means those regulations contained in 

19 parts 120 through 130 of title 22, Code of Federal 

20 Regulations (or successor regulations). 

21 SEC. 1234. REQUIREMENT TO UPDATE NATIONAL INTEL22 LIGENCE ESTIMATE ON IRAN’S NUCLEAR IN23 TENTIONS AND CAPABILITIES. 

24 (a) REQUIREMENT.—Not later than 180 days after 

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1 after, the Director of National Intelligence shall submit 

2 to Congress an update of the National Intelligence Esti3 mate, entitled ‘‘Iran: Nuclear Intentions and Capabilities’’ 

4 and dated November 2007. Such update may be submitted 

5 in classified form. 

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

7 submitted under subsection (a) shall include the following: 

8 (1) The locations, types, and number of cen9 trifuges and other specialized equipment necessary 

10 for the enrichment of nuclear material and any plans 

11 to develop and operate such equipment in the future. 

12 (2) An estimate of the amount, if any, of en13 riched to weapons-grade uranium materials acquired 

14 or produced to date and plutonium acquired or pro15 duced and reprocessed into weapons-grade material 

16 to date, an estimate of the amount of plutonium 

17 that is likely to be produced and reprocessed into 

18 weapons-grade material in the near- and midterms 

19 and the amount of uranium that is likely to be en20 riched to weapons-grade levels in the near- and mid21 terms, and the number of nuclear weapons that 

22 could be produced with each category of materials. 

23 (3) A description of the security and safeguards 

24 at any nuclear site that could prevent, slow, verify 


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1 or monitor the enrichment of uranium or the reproc2 essing of plutonium into weapons-grade materials. 

3 (4) A description of the weaponization activi4 ties, such as the research, design, development, or 

5 testing of nuclear weapons or weapons-related com6 ponents. 

7 (5) A description of programs to construct, ac8 quire, test, or improve methods to deliver nuclear 

9 weapons, including an assessment of the likely 

10 progress of such programs in the near- and mid11 terms. 

12 (6) A summary of assessments made by other 

13 allies of the United States of Iran’s nuclear weapons 

14 program and nuclear-capable delivery systems pro15 grams. 

16 (c) NOTIFICATION.—The President shall notify Con17 gress, in writing, within 15 days of determining that— 

18 (1) the Islamic Republic of Iran has met or sur19 passed any major milestone in its nuclear weapons 

20 program; or 

21 (2) Iran has undertaken to accelerate, decel22 erate, or cease the development of any significant 

23 element within its nuclear weapons program. 


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1 SEC. 1235. EMPLOYMENT FOR RESETTLED IRAQIS. 

2 (a) IN GENERAL.—Not later than 90 days after the 

3 date of the enactment of this Act, the Secretary of Defense 

4 and the Secretary of State shall jointly establish and oper5 ate a temporary program to offer employment as trans6 lators, interpreters, or cultural awareness instructors to 

7 individuals described in subsection (b). 

8 (b) ELIGIBILITY.—Individuals referred to in sub9 section (a) are individuals, in the determination of the Sec10 retary of State, in coordination with the Secretary of De11 fense and the Secretary of Homeland Security, who— 

12 (1) are Iraqi nationals lawfully present in the 

13 United States; and 

14 (2) worked, for at least 12 months since 2003, 

15 as translators in the Republic of Iraq for the United 

16 States Armed Forces or other agency of the United 

17 States Government. 

18 (c) FUNDING.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), the program established under subsection 

21 (a) shall be funded from the annual general oper22 ating budget of the Department of Defense. 

23 (2) EXCEPTION.—The Secretary of State shall 

24 reimburse the Department of Defense for any costs 

25 associated with individuals described in subsection 

26 (b) whose work was for the Department of State. 


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1 (d) RULE OF CONSTRUCTION REGARDING ACCESS TO

2 CLASSIFIED INFORMATION.—Nothing in this section may 

3 be construed as affecting in any manner practices and pro4 cedures regarding the handling of or access to classified 

5 information. 

6 (e) INFORMATION SHARING.—The Secretary of De7 fense and the Secretary of State shall work with the Sec8 retary of Homeland Security, the Office of Refugee Reset9 tlement of the Department of Health and Human Serv10 ices, and nongovernmental organizations to ensure that 

11 Iraqis resettled in the United States are informed of the 

12 program established under subsection (a). 

13 (f) REGULATIONS.—The Secretary of Defense, in co14 ordination with the Secretary of State, shall prescribe such 

15 regulations as are necessary to carry out the program es16 tablished under subsection (a), including establishing pay 

17 scales and hiring procedures, and determining the number 

18 of positions required to be filled. 

19 (g) TERMINATION.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), the program established under subsection 

22 (a) shall terminate on December 31, 2014. 

23 (2) EARLIER TERMINATION.—If the Secretary 

24 of Defense, in coordination with the Secretary of 

25 State, determines that the program established 


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1 under subsection (a) should terminate before the 

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

3 terminate the program if the Secretaries notify Con4 gress in writing of such termination at least 180 

5 days before such termination. 

6 TITLE XIII—COOPERATIVE 

7 THREAT REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

8 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE9 DUCTION PROGRAMS AND FUNDS. 

10 (a) SPECIFICATION OF COOPERATIVE THREAT RE11 DUCTION PROGRAMS.—For purposes of section 301 and 

12 other provisions of this Act, Cooperative Threat Reduction 

13 programs are the programs specified in section 1501 of 

14 the National Defense Authorization Act for Fiscal Year 

15 1997 (50 U.S.C. 2362 note), as amended by section 1303 

16 of the National Defense Authorization Act for Fiscal Year 

17 2008 (Public Law 110–181; 122 Stat. 412). 

18 (b) FISCAL YEAR 2009 COOPERATIVE THREAT RE19 DUCTION FUNDS DEFINED.—As used in this title, the 

20 term ‘‘fiscal year 2009 Cooperative Threat Reduction 

21 funds’’ means the funds appropriated pursuant to the au22 thorization of appropriations in section 301 for Coopera23 tive Threat Reduction programs. 


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1 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

2 pursuant to the authorization of appropriations in section 

3 301 for Cooperative Threat Reduction programs shall be 

4 available for obligation for fiscal years 2009, 2010, and 

5 2011. 

6 SEC. 1302. FUNDING ALLOCATIONS. 

7 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

8 $445,135,000 authorized to be appropriated to the De9 partment of Defense for fiscal year 2009 in section 

10 301(19) for Cooperative Threat Reduction programs, the 

11 following amounts may be obligated for the purposes spec12 ified: 

13 (1) For strategic offensive arms elimination in 

14 Russia, $79,985,000. 

15 (2) For strategic nuclear arms elimination in 

16 Ukraine, $6,400,000. 

17 (3) For nuclear weapons storage security in 

18 Russia, $24,101,000. 

19 (4) For nuclear weapons transportation security 

20 in Russia, $40,800,000. 

21 (5) For weapons of mass destruction prolifera22 tion prevention in the states of the former Soviet 

23 Union, $70,286,000. 

24 (6) For biological threat reduction in the 

25 former Soviet Union, $184,463,000. 


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1 (7) For chemical weapons destruction, 

2 $1,000,000. 

3 (8) For defense and military contacts, 

4 $8,000,000. 

5 (9) For new Cooperative Threat Reduction ini6 tiatives, $10,000,000. 

7 (10) For activities designated as Other Assess8 ments/Administrative Costs, $20,100,000. 

9 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

10 FUNDS FOR OTHER PURPOSES.—No fiscal year 2009 Co11 operative Threat Reduction funds may be obligated or ex12 pended for a purpose other than a purpose listed in para13 graphs (1) through (9) of subsection (a) until 30 days 

14 after the date that the Secretary of Defense submits to 

15 Congress a report on the purpose for which the funds will 

16 be obligated or expended and the amount of funds to be 

17 obligated or expended. Nothing in the preceding sentence 

18 shall be construed as authorizing the obligation or expend19 iture of fiscal year 2009 Cooperative Threat Reduction 

20 funds for a purpose for which the obligation or expendi21 ture of such funds is specifically prohibited under this title 

22 or any other provision of law. 

23 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

24 AMOUNTS.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), in 

2 any case in which the Secretary of Defense deter3 mines that it is necessary to do so in the national 

4 interest, the Secretary may obligate amounts appro5 priated for fiscal year 2009 for a purpose listed in 

6 paragraphs (1) through (9) of subsection (a) in ex7 cess of the specific amount authorized for that pur8 pose. 

9 (2) NOTICE-AND-WAIT REQUIRED.—An obliga10 tion of funds for a purpose stated in paragraphs (1) 

11 through (9) of subsection (a) in excess of the specific 

12 amount authorized for such purpose may be made 

13 using the authority provided in paragraph (1) only 

14 after— 

15 (A) the Secretary submits to Congress no16 tification of the intent to do so together with a 

17 complete discussion of the justification for 

18 doing so; and 

19 (B) 15 days have elapsed following the 

20 date of the notification. 

21 TITLE XIV—OTHER 

22 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. 


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Sec. 1406. Defense Inspector General. 

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. Armed Forces Retirement Home. 

Subtitle D—Inapplicability of Executive Order No. 13457 

Sec. 1431. Inapplicability of Executive Order No. 13457. 

1 Subtitle A—Military Programs 

2 SEC. 1401. WORKING CAPITAL FUNDS. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2009 for the use of the Armed Forces and other 

5 activities and agencies of the Department of Defense for 

6 providing capital for working capital and revolving funds 

7 in amounts as follows: 

8 (1) For the Defense Working Capital Funds, 

9 $198,150,000. 

10 (2) For the Defense Working Capital Fund, 

11 Defense Commissary, $1,291,084,000. 

12 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal year 2009 for the National Defense Sealift Fund 

15 in the amount of $1,401,553,000. 

16 SEC. 1403. DEFENSE HEALTH PROGRAM. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated for the Depart19 ment of Defense for fiscal year 2009 for expenses, not othVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00639 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 erwise provided for, for the Defense Health Program, in 

2 the amount of $24,746,172,000, of which— 

3 (1) $24,259,029,000 is for Operation and 

4 Maintenance; 

5 (2) $198,738,000 is for Research, Development, 

6 Test, and Evaluation; and 

7 (3) $288,405,000 is for Procurement. 

8 (b) TRANSFER FROM NATIONAL DEFENSE STOCK9 PILE TRANSACTION FUND TO SUPPORT DEFENSE

10 HEALTH PROGRAM.—Of the total amount specified in 

11 subsection (a), up to $1,300,000,000 shall be derived, to 

12 the extent specifically provided in advance in an appro13 priations Act for fiscal year 2009, by transfer from the 

14 unobligated balances of the National Defense Stockpile 

15 Transaction Fund. 

16 SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUC17 TION, DEFENSE. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

19 are hereby authorized to be appropriated for the Depart20 ment of Defense for fiscal year 2009 for expenses, not oth21 erwise provided for, for Chemical Agents and Munitions 

22 Destruction, Defense, in the amount of $1,485,634,000, 

23 of which— 

24 (1) $1,152,668,000 is for Operation and Main25 tenance; 


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1 (2) $268,881,000 is for Research, Development, 

2 Test, and Evaluation; and 

3 (3) $64,085,000 is for Procurement. 

4 (b) USE.—Amounts authorized to be appropriated 

5 under subsection (a) are authorized for— 

6 (1) the destruction of lethal chemical agents 

7 and munitions in accordance with section 1412 of 

8 the Department of Defense Authorization Act, 1986 

9 (50 U.S.C. 1521); and 

10 (2) the destruction of chemical warfare materiel 

11 of the United States that is not covered by section 

12 1412 of such Act. 

13 SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG AC14 TIVITIES, DEFENSE-WIDE. 

15 Funds are hereby authorized to be appropriated for 

16 the Department of Defense for fiscal year 2009 for ex17 penses, not otherwise provided for, for Drug Interdiction 

18 and Counter-Drug Activities, Defense-wide, in the amount 

19 of $1,060,463,000. 

20 SEC. 1406. DEFENSE INSPECTOR GENERAL. 

21 Funds are hereby authorized to be appropriated for 

22 the Department of Defense for fiscal year 2009 for ex23 penses, not otherwise provided for, for the Office of the 

24 Inspector General of the Department of Defense, in the 

25 amount of $273,845,000, of which— 


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1 (1) $270,445,000 is for Operation and Mainte2 nance; and 

3 (2) $3,400,000 is for Procurement. 

4 Subtitle B—National Defense 

5 Stockpile 

6 SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE 

7 STOCKPILE FUNDS. 

8 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis9 cal year 2009, the National Defense Stockpile Manager 

10 may obligate up to $41,153,000 of the funds in the Na11 tional Defense Stockpile Transaction Fund established 

12 under subsection (a) of section 9 of the Strategic and Crit13 ical Materials Stock Piling Act (50 U.S.C. 98h) for the 

14 authorized uses of such funds under subsection (b)(2) of 

15 such section, including the disposal of hazardous materials 

16 that are environmentally sensitive. 

17 (b) ADDITIONAL OBLIGATIONS.—The National De18 fense Stockpile Manager may obligate amounts in excess 

19 of the amount specified in subsection (a) if the National 

20 Defense Stockpile Manager notifies Congress that extraor21 dinary or emergency conditions necessitate the additional 

22 obligations. The National Defense Stockpile Manager may 

23 make the additional obligations described in the notifica24 tion after the end of the 45-day period beginning on the 

25 date on which Congress receives the notification. 


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1 (c) LIMITATIONS.—The authorities provided by this 

2 section shall be subject to such limitations as may be pro3 vided in appropriations Acts. 

4 SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DIS5 POSALS FROM THE NATIONAL DEFENSE 

6 STOCKPILE. 

7 (a) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Sec8 tion 3303(a)(7) of the Strom Thurmond National Defense 

9 Authorization Act for Fiscal Year 1999 (Public Law 105– 

10 261; 50 U.S.C. 98d note), as most recently amended by 

11 section 1412(b) of the National Defense Authorization Act 

12 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

13 418), is further amended by striking ‘‘$1,066,000,000 by 

14 the end of fiscal year 2015’’ and inserting 

15 ‘‘$1,476,000,000 by the end of fiscal year 2016’’. 

16 (b) FISCAL YEAR 1998 DISPOSAL AUTHORITY.—Sec17 tion 3305(a)(5) of the National Defense Authorization Act 

18 for Fiscal Year 1998 (Public Law 105–85; 50 U.S.C. 98d 

19 note), as most recently amended by section 3302(b) of the 

20 John Warner National Defense Authorization Act for Fis21 cal Year 2007 (Public Law 109–364; 120 Stat. 2513), is 

22 further amended by striking ‘‘2008’’ and inserting 

23 ‘‘2009’’. 


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1 Subtitle C—Armed Forces 

2 Retirement Home 

3 SEC. 1421. ARMED FORCES RETIREMENT HOME. 

4 There is authorized to be appropriated for fiscal year 

5 2009 from the Armed Forces Retirement Home Trust 

6 Fund the sum of $63,010,000 for the operation of the 

7 Armed Forces Retirement Home. 

8 Subtitle D—Inapplicability of 

9 Executive Order No. 13457 

10 SEC. 1431. INAPPLICABILITY OF EXECUTIVE ORDER NO. 

11 13457. 

12 Executive Order No. 13457, and any successor to 

13 that Executive order, shall not apply to this Act or to the 

14 Joint Explanatory Statement submitted by the Committee 

15 of Conference for the conference report to accompany this 

16 Act or to H. Rept. lll or S. Rept. lll. 

17 TITLE XV—AUTHORIZATION OF 

18 ADDITIONAL APPROPRIA19 TIONS FOR OPERATION IRAQI 

20 FREEDOM AND OPERATION 

21 ENDURING FREEDOM 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Defense-wide activities procurement. 

Sec. 1506. Rapid acquisition fund. 

Sec. 1507. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1508. Limitation on obligation of funds for the Joint Improvised Explosive 

Devices Defeat Organization pending notification to Congress. 


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Sec. 1509. Research, development, test, and evaluation. 

Sec. 1510. Operation and maintenance. 

Sec. 1511. Other Department of Defense programs. 

Sec. 1512. Iraq Security Forces Fund. 

Sec. 1513. Afghanistan Security Forces Fund. 

Sec. 1514. Military personnel. 

Sec. 1515. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 1516. Special transfer authority. 

Sec. 1517. Treatment as additional authorizations. 

1 SEC. 1501. PURPOSE. 

2 The purpose of this title is to authorize appropria3 tions for the Department of Defense for fiscal year 2009 

4 to provide additional funds for Operation Iraqi Freedom 

5 and Operation Enduring Freedom. 

6 SEC. 1502. ARMY PROCUREMENT. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2009 for procurement accounts of the Army 

9 in amounts as follows: 

10 (1) For aircraft procurement, $84,000,000. 

11 (2) For weapons and tracked combat vehicles 

12 procurement, $822,674,000. 

13 (3) For ammunition procurement, $46,500,000. 

14 (4) For other procurement, $1,255,050,000. 

15 SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

16 (a) NAVY.—Funds are hereby authorized to be appro17 priated for fiscal year 2009 for other procurement for the 

18 Navy in the amount of $476,248,000. 

19 (b) MARINE CORPS.—Funds are hereby authorized to 

20 be appropriated for fiscal year 2009 for the procurement 


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1 account for the Marine Corps in the amount of 

2 $565,425,000. 

3 SEC. 1504. AIR FORCE PROCUREMENT. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2009 for procurement accounts for the Air 

6 Force in amounts as follows: 

7 (1) For aircraft procurement, $4,624,842,000. 

8 (2) For other procurement, $1,500,644,000. 

9 SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal year 2009 for the procurement account for Defense12 wide in the amount of $177,237,000. 

13 SEC. 1506. RAPID ACQUISITION FUND. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2009 for Rapid Acquisition Fund in the 

16 amount of $102,000,000. 

17 SEC. 1507. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

18 FUND. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

20 are hereby authorized for fiscal year 2009 for the Joint 

21 Improvised Explosive Device Defeat Fund in the amount 

22 of $2,496,300,000. 

23 (b) USE AND TRANSFER OF FUNDS.—Subsections 

24 (b) and (c) of section 1514 of the John Warner National 

25 Defense Authorization Act for Fiscal Year 2007 (Public 


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1 Law 109–364; 120 Stat. 2439) shall apply to the funds 

2 appropriated pursuant to the authorization of appropria3 tions in subsection (a). 

4 (c) REVISION OF MANAGEMENT PLAN.—The Sec5 retary of Defense shall revise the management plan re6 quired by section 1514(d) of the John Warner National 

7 Defense Authorization Act for Fiscal Year 2007 to iden8 tify projected transfers and obligations through September 

9 30, 2009. 

10 (d) FUNDS FOR ADDITIONAL ARMS PLATFORMS.— 

11 Of the funds appropriated pursuant to the authorization 

12 of appropriations in subsection (a), $50,000,000 shall be 

13 made available for the rapid fielding of additional Aerial 

14 Reconnaissance Multi-Sensor (ARMS) platforms for tac15 tical operations in Operation Iraqi Freedom and Oper16 ation Enduring Freedom. 

17 SEC. 1508. LIMITATION ON OBLIGATION OF FUNDS FOR 

18 THE JOINT IMPROVISED EXPLOSIVE DEVICES 

19 DEFEAT ORGANIZATION PENDING NOTIFICA20 TION TO CONGRESS. 

21 (a) LIMITATION.—Of the amounts appropriated pur22 suant to each of the authorizations of appropriations de23 scribed in subsection (b) for research, development, test, 

24 and evaluation for the Joint Improvised Explosive Devices 

25 Defeat Organization (in this section referred to as 


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1 ‘‘JIEDDO’’), not more than 50 percent of the amounts 

2 remaining unobligated as of the date of the enactment of 

3 this Act may be obligated until JIEDDO submits to the 

4 congressional defense committees a report describing the 

5 investment strategy of JIEDDO for science and tech6 nology. 

7 (b) COVERED AUTHORIZATIONS OF APPROPRIA8 TIONS.— 

9 (1) SCOPE OF LIMITATION.—The limitation 

10 contained in subsection (a) applies with respect to 

11 amounts appropriated pursuant to the authoriza12 tions of appropriations specified in paragraph (2) for 

13 all science and technology efforts within the account 

14 for research, development, test, and evaluation for 

15 JIEDDO applied to efforts of Technology Readiness 

16 Level 5 or lower. 

17 (2) AUTHORIZATIONS.—Paragraph (1) applies 

18 to— 

19 (A) the authorization of appropriations in 

20 section 1507 of the National Defense Author21 ization Act for Fiscal Year 2008 (Public Law 

22 110–181; 122 Stat. 425); and 

23 (B) the authorization of appropriations in 

24 section 1508 of this Act. 


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1 SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUA2 TION. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2009 for the use of the Department of Defense 

5 for research, development, test, and evaluation as follows: 

6 (1) For the Navy, $113,228,000. 

7 (2) For the Air Force, $72,041,000. 

8 (3) For Defense-wide activities, $202,559,000. 

9 SEC. 1510. OPERATION AND MAINTENANCE. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal year 2009 for the use of the Armed Forces for ex12 penses, not otherwise provided for, for operation and 

13 maintenance, in amounts as follows: 

14 (1) For the Army, $37,363,243,000. 

15 (2) For the Navy, $3,500,000,000 

16 (3) For the Marine Corps, $2,900,000,000. 

17 (4) For the Air Force, $5,000,000,000. 

18 (5) For Defense-wide activities, 

19 $2,648,569,000. 

20 (6) For the Army Reserve, $79,291,000. 

21 (7) For the Navy Reserve, $42,490,000. 

22 (8) For the Marine Corps Reserve, 

23 $47,076,000. 

24 (9) For the Air Force Reserve, $12,376,000. 

25 (10) For the Army National Guard, 

26 $333,540,000. 


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1 (11) For the Air National Guard, $52,667,000. 

2 SEC. 1511. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

3 (a) DEFENSE HEALTH PROGRAM.—Funds are here4 by authorized to be appropriated for the Department of 

5 Defense for fiscal year 2009 for expenses, not otherwise 

6 provided for, for the Defense Health Program in the 

7 amount of $1,100,000,000 for operation and maintenance. 

8 (b) DRUG INTERDICTION AND COUNTER-DRUG AC9 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

10 to be appropriated for the Department of Defense for fis11 cal year 2009 for expenses, not otherwise provided for, for 

12 Drug Interdiction and Counter-Drug Activities, Defense13 wide in the amount of $188,000,000. 

14 SEC. 1512. IRAQ SECURITY FORCES FUND. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

16 are hereby authorized to be appropriated for fiscal year 

17 2009 for the Iraq Security Forces Fund in the amount 

18 of $1,000,000,000. 

19 (b) USE OF FUNDS.— 

20 (1) IN GENERAL.—Funds appropriated pursu21 ant to subsection (a) shall be available to the Sec22 retary of Defense for the purpose of allowing the 

23 Commander, Multi-National Security Transition 

24 Command–Iraq, to provide assistance to the security 

25 forces of Iraq. 


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1 (2) TYPES OF ASSISTANCE AUTHORIZED.—As2 sistance provided under this section may include the 

3 provision of equipment, supplies, services, training, 

4 facility and infrastructure repair, and funding. 

5 (3) SECRETARY OF STATE CONCURRENCE.—As6 sistance may be provided under this section only 

7 with the concurrence of the Secretary of State. 

8 (c) AUTHORITY IN ADDITION TO OTHER AUTHORI9 TIES.—The authority to provide assistance under this sec10 tion is in addition to any other authority to provide assist11 ance to foreign nations. 

12 (d) TRANSFER AUTHORITY.— 

13 (1) TRANSFERS AUTHORIZED.—Subject to 

14 paragraph (2), amounts authorized to be appro15 priated by subsection (a) may be transferred from 

16 the Iraq Security Forces Fund to any of the fol17 lowing accounts and funds of the Department of De18 fense to accomplish the purposes provided in sub19 section (b): 

20 (A) Military personnel accounts. 

21 (B) Operation and maintenance accounts. 

22 (C) Procurement accounts. 

23 (D) Research, development, test, and eval24 uation accounts. 

25 (E) Defense working capital funds. 


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1 (F) Overseas Humanitarian, Disaster, and 

2 Civic Aid account. 

3 (2) ADDITIONAL AUTHORITY.—The transfer au4 thority provided by paragraph (1) is in addition to 

5 any other transfer authority available to the Depart6 ment of Defense. 

7 (3) TRANSFERS BACK TO THE FUND.—Upon 

8 determination that all or part of the funds trans9 ferred from the Iraq Security Forces Fund under 

10 paragraph (1) are not necessary for the purpose pro11 vided, such funds may be transferred back to the 

12 Iraq Security Forces Fund. 

13 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A 

14 transfer of an amount to an account under the au15 thority in paragraph (1) shall be deemed to increase 

16 the amount authorized for such account by an 

17 amount equal to the amount transferred. 

18 (e) PRIOR NOTICE OF OBLIGATION OR TRANSFER OF

19 FUNDS.—Funds may not be obligated from the Iraq Secu20 rity Forces Fund, or transferred under the authority pro21 vided in subsection (d)(1), until five days after the date 

22 on which the Secretary of Defense notifies the congres23 sional defense committees, the Committee on Foreign Re24 lations of the Senate, and the Committee on Foreign AfVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00652 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 fairs of the House of Representatives, in writing, of the 

2 details of the proposed obligation or transfer. 

3 (f) CONTRIBUTIONS.— 

4 (1) AUTHORITY TO ACCEPT CONTRIBUTIONS.— 

5 Subject to paragraph (2), the Secretary of Defense 

6 may accept contributions of amounts to the Iraq Se7 curity Forces Fund for the purposes provided in 

8 subsection (b) from any person, foreign government, 

9 or international organization. Any amounts so ac10 cepted shall be credited to the Iraq Security Forces 

11 Fund. 

12 (2) LIMITATION.—The Secretary may not ac13 cept a contribution under this subsection if the ac14 ceptance of the contribution would compromise or 

15 appear to compromise the integrity of any program 

16 of the Department of Defense. 

17 (3) USE.—Amounts accepted under this sub18 section shall be available for assistance authorized 

19 by subsection (b), including transfer under sub20 section (d) for that purpose. 

21 (4) NOTIFICATION.—The Secretary shall notify 

22 the congressional committees referred to in sub23 section (e), in writing, upon the acceptance, and 

24 upon the transfer under subsection (d), of any con25 tribution under this subsection. Such notice shall 


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1 specify the source and amount of any amount so ac2 cepted and the use of any amount so accepted. 

3 (g) PROHIBITION RELATED TO FACILITIES.— 

4 (1) PROHIBITION.—Funds may not be obligated 

5 from the Iraq Security Forces Fund, or transferred 

6 under the authority provided in subsection (d)(1), 

7 for the acquisition, conversion, rehabilitation, or in8 stallation of facilities. 

9 (2) EXCEPTIONS.—Nothing in this section shall 

10 be construed as to forbid— 

11 (A) the provision of technical assistance 

12 necessary to assist the Government of Iraq to 

13 carry out the acquisition, conversion, rehabilita14 tion, or installation of facilities on its own be15 half; or 

16 (B) the acquisition, conversion, rehabilita17 tion, or installation of facilities utilizing 

18 amounts contributed to the Iraq Security 

19 Forces Fund under subsection (f) by the Gov20 ernment of Iraq or another foreign country. 

21 (h) QUARTERLY REPORTS.—Not later than 30 days 

22 after the end of each fiscal-year quarter, the Secretary of 

23 Defense shall submit to the congressional committees re24 ferred to in subsection (e) a report summarizing the deVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00654 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 tails of any obligation or transfer of funds from the Iraq 

2 Security Forces Fund during such fiscal-year quarter. 

3 (i) DURATION OF AUTHORITY.—Amounts authorized 

4 to be appropriated or contributed to the Iraq Security 

5 Forces Fund during fiscal year 2009 are available for obli6 gation or transfer from the Iraq Security Forces Fund in 

7 accordance with this section until September 30, 2010. 

8 SEC. 1513. AFGHANISTAN SECURITY FORCES FUND. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

10 are hereby authorized to be appropriated for fiscal year 

11 2009 for the Afghanistan Security Forces Fund in the 

12 amount of $2,000,000,000. 

13 (b) USE OF FUNDS.— 

14 (1) IN GENERAL.—Funds authorized to be ap15 propriated by subsection (a) shall be available to the 

16 Secretary of Defense to provide assistance to the se17 curity forces of Afghanistan. 

18 (2) TYPES OF ASSISTANCE AUTHORIZED.—As19 sistance provided under this section may include the 

20 provision of equipment, supplies, services, training, 

21 facility and infrastructure repair, renovation, con22 struction, and funds. 

23 (3) SECRETARY OF STATE CONCURRENCE.—As24 sistance may be provided under this section only 

25 with the concurrence of the Secretary of State. 


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1 (c) AUTHORITY IN ADDITION TO OTHER AUTHORI2 TIES.—The authority to provide assistance under this sec3 tion is in addition to any other authority to provide assist4 ance to foreign nations. 

5 (d) TRANSFER AUTHORITY.— 

6 (1) TRANSFERS AUTHORIZED.—Subject to 

7 paragraph (2), amounts authorized to be appro8 priated by subsection (a) may be transferred from 

9 the Afghanistan Security Forces Fund to any of the 

10 following accounts and funds of the Department of 

11 Defense to accomplish the purposes provided in sub12 section (b): 

13 (A) Military personnel accounts. 

14 (B) Operation and maintenance accounts. 

15 (C) Procurement accounts. 

16 (D) Research, development, test, and eval17 uation accounts. 

18 (E) Defense working capital funds. 

19 (F) Overseas Humanitarian, Disaster, and 

20 Civic Aid. 

21 (2) ADDITIONAL AUTHORITY.—The transfer au22 thority provided by paragraph (1) is in addition to 

23 any other transfer authority available to the Depart24 ment of Defense. 


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1 (3) TRANSFERS BACK TO FUND.—Upon a de2 termination that all or part of the funds transferred 

3 from the Afghanistan Security Forces Fund under 

4 paragraph (1) are not necessary for the purpose for 

5 which transferred, such funds may be transferred 

6 back to the Afghanistan Security Forces Fund. 

7 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A 

8 transfer of an amount to an account under the au9 thority in paragraph (1) shall be deemed to increase 

10 the amount authorized for such account by an 

11 amount equal to the amount transferred. 

12 (e) PRIOR NOTICE OF OBLIGATION OR TRANSFER OF

13 FUNDS.—Funds may not be obligated from the Afghani14 stan Security Forces Fund, or transferred under the au15 thority provided in subsection (d)(1), until five days after 

16 the date on which the Secretary of Defense notifies the 

17 congressional defense committees, the Committee on For18 eign Relations of the Senate, and the Committee on For19 eign Affairs of the House of Representatives, in writing, 

20 of the details of the proposed obligation or transfer. 

21 (f) CONTRIBUTIONS.— 

22 (1) AUTHORITY TO ACCEPT CONTRIBUTIONS.— 

23 Subject to paragraph (2), the Secretary of Defense 

24 may accept contributions of amounts to the Afghani25 stan Security Forces Fund for the purposes provided 


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1 in subsection (b) from any person, foreign govern2 ment, or international organization. Any amounts so 

3 accepted shall be credited to the Afghanistan Secu4 rity Forces Fund. 

5 (2) LIMITATION.—The Secretary may not ac6 cept a contribution under this subsection if the ac7 ceptance of the contribution would compromise or 

8 appear to compromise the integrity of any program 

9 of the Department of Defense. 

10 (3) USE.—Amounts accepted under this sub11 section shall be available for assistance authorized 

12 by subsection (b), including transfer under sub13 section (d) for that purpose. 

14 (4) NOTIFICATION.—The Secretary shall notify 

15 the congressional committees referred to in sub16 section (e), in writing, upon the acceptance, and 

17 upon the transfer under subsection (d), of any con18 tribution under this subsection. Such notice shall 

19 specify the source and amount of any amount so ac20 cepted and the use of any amount so accepted. 

21 (g) QUARTERLY REPORTS.—Not later than 30 days 

22 after the end of each fiscal-year quarter, the Secretary of 

23 Defense shall submit to the congressional committees re24 ferred to in subsection (e) a report summarizing the de25 tails of any obligation or transfer of funds from the AfVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00658 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 ghanistan Security Forces Fund during such fiscal-year 

2 quarter. 

3 (h) DURATION OF AUTHORITY.—Amounts authorized 

4 to be appropriated or contributed to the Afghanistan Secu5 rity Forces Fund during fiscal year 2009 are available for 

6 obligation or transfer from the Afghanistan Security 

7 Forces Fund in accordance with this section until Sep8 tember 30, 2010. 

9 SEC. 1514. MILITARY PERSONNEL. 

10 There is hereby authorized to be appropriated to the 

11 Department of Defense for military personnel accounts for 

12 fiscal year 2009 a total of $1,194,000,000. 

13 SEC. 1515. MINE RESISTANT AMBUSH PROTECTED VEHICLE 

14 FUND. 

15 The Secretary of Defense may use the transfer au16 thority provided by section 1516 to transfer amounts of 

17 authorizations made available to the Department of De18 fense in this title for fiscal year 2009 from such authoriza19 tions to the Mine Resistant Ambush Protected Vehicle 

20 Fund in the total amount of $2,610,000,000. 

21 SEC. 1516. SPECIAL TRANSFER AUTHORITY. 

22 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

23 (1) AUTHORITY.—Upon determination by the 

24 Secretary of Defense that such action is necessary in 

25 the national interest, the Secretary may transfer 


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1 amounts of authorizations made available to the De2 partment of Defense in this title for fiscal year 2009 

3 between any such authorizations for that fiscal year 

4 (or any subdivisions thereof). Amounts of authoriza5 tions so transferred shall be merged with and be 

6 available for the same purposes as the authorization 

7 to which transferred. 

8 (2) LIMITATION.—The total amount of author9 izations that the Secretary may transfer under the 

10 authority of this section may not exceed 

11 $4,000,000,000. 

12 (b) TERMS AND CONDITIONS.—Transfers under this 

13 section shall be subject to the same terms and conditions 

14 as transfers under section 1001. 

15 (c) ADDITIONAL AUTHORITY.—The transfer author16 ity provided by this section is in addition to the transfer 

17 authority provided under section 1001. 

18 SEC. 1517. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

19 The amounts authorized to be appropriated by this 

20 title are in addition to amounts otherwise authorized to 

21 be appropriated by this Act. 

22 TITLE XVI—RECONSTRUCTION 

23 AND STABILIZATION CIVILIAN 

24 MANAGEMENT 

Sec. 1601. Short title. 

Sec. 1602. Findings. 

Sec. 1603. Definitions. 


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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. 

1 SEC. 1601. SHORT TITLE. 

2 This title may be cited as the ‘‘Reconstruction and 

3 Stabilization Civilian Management Act of 2008’’. 

4 SEC. 1602. FINDINGS. 

5 Congress finds the following: 

6 (1) In June 2004, the Office of the Coordinator 

7 for Reconstruction and Stabilization (referred to as 

8 the ‘‘Coordinator’’) was established in the Depart9 ment of State with the mandate to lead, coordinate, 

10 and institutionalize United States Government civil11 ian capacity to prevent or prepare for post-conflict 

12 situations and help reconstruct and stabilize a coun13 try or region that is at risk of, in, or is in transition 

14 from, conflict or civil strife. 

15 (2) In December 2005, the Coordinator’s man16 date was reaffirmed by the National Security Presi17 dential Directive 44, which instructed the Secretary 

18 of State, and at the Secretary’s direction, the Coor19 dinator, to coordinate and lead integrated United 

20 States Government efforts, involving all United 

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1 bilities, to prepare, plan for, and conduct reconstruc2 tion and stabilization operations. 

3 (3) National Security Presidential Directive 44 

4 assigns to the Secretary, with the Coordinator’s as5 sistance, the lead role to develop reconstruction and 

6 stabilization strategies, ensure civilian interagency 

7 program and policy coordination, coordinate inter8 agency processes to identify countries at risk of in9 stability, provide decision-makers with detailed op10 tions for an integrated United States Government 

11 response in connection with reconstruction and sta12 bilization operations, and carry out a wide range of 

13 other actions, including the development of a civilian 

14 surge capacity to meet reconstruction and stabiliza15 tion emergencies. The Secretary and the Coordinator 

16 are also charged with coordinating with the Depart17 ment of Defense on reconstruction and stabilization 

18 responses, and integrating planning and imple19 menting procedures. 

20 (4) The Department of Defense issued Direc21 tive 3000.05, which establishes that stability oper22 ations are a core United States military mission that 

23 the Department of Defense must be prepared to con24 duct and support, provides guidance on stability op25 erations that will evolve over time, and assigns reVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00662 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 sponsibilities within the Department of Defense for 

2 planning, training, and preparing to conduct and 

3 support stability operations. 

4 (5) The President’s Fiscal Year 2009 Budget 

5 Request to Congress includes $248.6 million for a 

6 Civilian Stabilization Initiative that would vastly im7 prove civilian partnership with United States Armed 

8 Forces in post-conflict stabilization situations, in9 cluding by establishing a Active Response Corps of 

10 250 persons, a Standby Response Corps of 2,000 

11 persons, and a Civilian Response Corps of 2,000 

12 persons. 

13 SEC. 1603. DEFINITIONS. 

14 In this title: 

15 (1) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator of the United 

17 States Agency for International Development. 

18 (2) AGENCY.—The term ‘‘agency’’ means any 

19 entity included in chapter 1 of title 5, United States 

20 Code. 

21 (3) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘‘appropriate congressional com23 mittees’’ means the Committee on Foreign Affairs of 

24 the House of Representatives and the Committee on 

25 Foreign Relations of the Senate. 


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1 (4) DEPARTMENT.—Except as otherwise pro2 vided in this title, the term ‘‘Department’’ means 

3 the Department of State. 

4 (5) PERSONNEL.—The term ‘‘personnel’’ means 

5 individuals serving in any service described in sec6 tion 2101 of title 5, United States Code, other than 

7 in the legislative or judicial branch. 

8 (6) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of State. 

10 SEC. 1604. AUTHORITY TO PROVIDE ASSISTANCE FOR RE11 CONSTRUCTION AND STABILIZATION CRISES. 

12 Chapter 1 of part III of the Foreign Assistance Act 

13 of 1961 (22 U.S.C. 2351 et seq.) is amended by inserting 

14 after section 617 the following new section: 

15 ‘‘SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STA16 BILIZATION CRISIS. 

17 ‘‘(a) ASSISTANCE.— 

18 ‘‘(1) IN GENERAL.—If the President determines 

19 that it is in the national security interests of the 

20 United States for United States civilian agencies or 

21 non-Federal employees to assist in reconstructing 

22 and stabilizing a country or region that is at risk of, 

23 in, or is in transition from, conflict or civil strife, the 

24 President may, in accordance with the provisions set 

25 forth in section 614(a)(3), subject to paragraph (2) 


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1 of this subsection but notwithstanding any other 

2 provision of law, and on such terms and conditions 

3 as the President may determine, furnish assistance 

4 to such country or region for reconstruction or sta5 bilization using funds under paragraph (3). 

6 ‘‘(2) PRE-NOTIFICATION REQUIREMENT.—The 

7 President may not furnish assistance pursuant to 

8 paragraph (1) until five days (excepting Saturdays, 

9 Sundays, and legal public holidays) after the re10 quirements under section 614(a)(3) of this Act are 

11 carried out. 

12 ‘‘(3) FUNDS.—The funds referred to in para13 graph (1) are funds made available under any other 

14 provision of law and under other provisions of this 

15 Act, and transferred or reprogrammed for purposes 

16 of this section, and such transfer or reprogramming 

17 shall be subject to the procedures applicable to a no18 tification under section 634A of this Act. 

19 ‘‘(b) LIMITATION.—The authority contained in this 

20 section may be exercised only during fiscal years 2009, 

21 2010, and 2011, except that the authority may not be ex22 ercised to furnish more than $200,000,000 in any such 

23 fiscal year.’’. 


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1 SEC. 1605. RECONSTRUCTION AND STABILIZATION. 

2 Title I of the State Department Basic Authorities Act 

3 of 1956 (22 U.S.C. 2651a et seq.) is amended by adding 

4 at the end the following new section: 

5 ‘‘SEC. 62. RECONSTRUCTION AND STABILIZATION. 

6 ‘‘(a) OFFICE OF THE COORDINATOR FOR RECON7 STRUCTION AND STABILIZATION.— 

8 ‘‘(1) ESTABLISHMENT.—There is established 

9 within the Department of State the Office of the Co10 ordinator for Reconstruction and Stabilization. 

11 ‘‘(2) COORDINATOR FOR RECONSTRUCTION AND

12 STABILIZATION.—The head of the Office shall be the 

13 Coordinator for Reconstruction and Stabilization, 

14 who shall be appointed by the President, by and 

15 with the advice and consent of the Senate. The Co16 ordinator shall report directly to the Secretary. 

17 ‘‘(3) FUNCTIONS.—The functions of the Office 

18 of the Coordinator for Reconstruction and Stabiliza19 tion shall include the following: 

20 ‘‘(A) Monitoring, in coordination with rel21 evant bureaus and offices of the Department of 

22 State and the United States Agency for Inter23 national Development (USAID), political and 

24 economic instability worldwide to anticipate the 

25 need for mobilizing United States and inter26 national assistance for the reconstruction and 


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1 stabilization of a country or region that is at 

2 risk of, in, or are in transition from, conflict or 

3 civil strife. 

4 ‘‘(B) Assessing the various types of recon5 struction and stabilization crises that could 

6 occur and cataloging and monitoring the non7 military resources and capabilities of agencies 

8 (as such term is defined in section 1603 of the 

9 Reconstruction and Stabilization Civilian Man10 agement Act of 2008) that are available to ad11 dress such crises. 

12 ‘‘(C) Planning, in conjunction with 

13 USAID, to address requirements, such as de14 mobilization, disarmament, rebuilding of civil 

15 society, policing, human rights monitoring, and 

16 public information, that commonly arise in re17 construction and stabilization crises. 

18 ‘‘(D) Coordinating with relevant agencies 

19 to develop interagency contingency plans and 

20 procedures to mobilize and deploy civilian per21 sonnel and conduct reconstruction and stabiliza22 tion operations to address the various types of 

23 such crises. 

24 ‘‘(E) Entering into appropriate arrange25 ments with agencies to carry out activities 


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1 under this section and the Reconstruction and 

2 Stabilization Civilian Management Act of 2008. 

3 ‘‘(F) Identifying personnel in State and 

4 local governments and in the private sector who 

5 are available to participate in the Civilian Re6 serve Corps established under subsection (b) or 

7 to otherwise participate in or contribute to re8 construction and stabilization activities. 

9 ‘‘(G) Taking steps to ensure that training 

10 and education of civilian personnel to perform 

11 such reconstruction and stabilization activities 

12 is adequate and is carried out, as appropriate, 

13 with other agencies involved with stabilization 

14 operations. 

15 ‘‘(H) Taking steps to ensure that plans for 

16 United States reconstruction and stabilization 

17 operations are coordinated with and com18 plementary to reconstruction and stabilization 

19 activities of other governments and inter20 national and nongovernmental organizations, to 

21 improve effectiveness and avoid duplication. 

22 ‘‘(I) Maintaining the capacity to field on 

23 short notice an evaluation team consisting of 

24 personnel from all relevant agencies to under25 take on-site needs assessment. 


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1 ‘‘(b) RESPONSE READINESS CORPS.— 

2 ‘‘(1) RESPONSE READINESS CORPS.—The Sec3 retary, in consultation with the Administrator of the 

4 United States Agency for International Development 

5 and the heads of other appropriate agencies of the 

6 United States Government, may establish and main7 tain a Response Readiness Corps (referred to in this 

8 section as the ‘Corps’) to provide assistance in sup9 port of reconstruction and stabilization operations in 

10 countries or regions that are at risk of, in, or are 

11 in transition from, conflict or civil strife. The Corps 

12 shall be composed of active and standby components 

13 consisting of United States Government personnel, 

14 including employees of the Department of State, the 

15 United States Agency for International Develop16 ment, and other agencies who are recruited and 

17 trained (and employed in the case of the active com18 ponent) to provide such assistance when deployed to 

19 do so by the Secretary to support the purposes of 

20 this Act. 

21 ‘‘(2) CIVILIAN RESERVE CORPS.—The Sec22 retary, in consultation with the Administrator of the 

23 United States Agency for International Develop24 ment, may establish a Civilian Reserve Corps for 

25 which purpose the Secretary is authorized to employ 


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1 and train individuals who have the skills necessary 

2 for carrying out reconstruction and stabilization ac3 tivities, and who have volunteered for that purpose. 

4 The Secretary may deploy members of the Civilian 

5 Reserve Corps pursuant to a determination by the 

6 President under section 618 of the Foreign Assist7 ance Act of 1961. 

8 ‘‘(3) MITIGATION OF DOMESTIC IMPACT.—The 

9 establishment and deployment of any Civilian Re10 serve Corps shall be undertaken in a manner that 

11 will avoid substantively impairing the capacity and 

12 readiness of any State and local governments from 

13 which Civilian Reserve Corps personnel may be 

14 drawn. 

15 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Secretary of State 

17 such sums as may be necessary for fiscal years 2007 

18 through 2010 for the Office and to support, educate, train, 

19 maintain, and deploy a Response Readiness Corps and a 

20 Civilian Reserve Corps. 

21 ‘‘(d) EXISTING TRAINING AND EDUCATION PRO22 GRAMS.—The Secretary shall ensure that personnel of the 

23 Department, and, in coordination with the Administrator 

24 of USAID, that personnel of USAID, make use of the rel25 evant existing training and education programs offered 


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1 within the Government, such as those at the Center for 

2 Stabilization and Reconstruction Studies at the Naval 

3 Postgraduate School and the Interagency Training, Edu4 cation, and After Action Review Program at the National 

5 Defense University.’’. 

6 SEC. 1606. AUTHORITIES RELATED TO PERSONNEL. 

7 (a) EXTENSION OF CERTAIN FOREIGN SERVICE

8 BENEFITS.—The Secretary, or the head of any agency 

9 with respect to personnel of that agency, may extend to 

10 any individuals assigned, detailed, or deployed to carry out 

11 reconstruction and stabilization activities pursuant to sec12 tion 62 of the State Department Basic Authorities Act 

13 of 1956 (as added by section 1605 of this title), the bene14 fits or privileges set forth in sections 413, 704, and 901 

15 of the Foreign Service Act of 1980 (22 U.S.C. 3973, 22 

16 U.S.C. 4024, and 22 U.S.C. 4081) to the same extent and 

17 manner that such benefits and privileges are extended to 

18 members of the Foreign Service. 

19 (b) AUTHORITY REGARDING DETAILS.—The Sec20 retary is authorized to accept details or assignments of 

21 any personnel, and any employee of a State or local gov22 ernment, on a reimbursable or nonreimbursable basis for 

23 the purpose of carrying out this title, and the head of any 

24 agency is authorized to detail or assign personnel of such 

25 agency on a reimbursable or nonreimbursable basis to the 


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1 Department of State for purposes of section 62 of the 

2 State Department Basic Authorities Act of 1956, as added 

3 by section 1605 of this title. 

4 SEC. 1607. RECONSTRUCTION AND STABILIZATION STRAT5 EGY. 

6 (a) IN GENERAL.—The Secretary of State, in con7 sultation with the Administrator of the United States 

8 Agency for International Development, shall develop an 

9 interagency strategy to respond to reconstruction and sta10 bilization operations. 

11 (b) CONTENTS.—The strategy required under sub12 section (a) shall include the following: 

13 (1) Identification of and efforts to improve the 

14 skills sets needed to respond to and support recon15 struction and stabilization operations in countries or 

16 regions that are at risk of, in, or are in transition 

17 from, conflict or civil strife. 

18 (2) Identification of specific agencies that can 

19 adequately satisfy the skills sets referred to in para20 graph (1). 

21 (3) Efforts to increase training of Federal civil22 ian personnel to carry out reconstruction and sta23 bilization activities. 


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1 (4) Efforts to develop a database of proven and 

2 best practices based on previous reconstruction and 

3 stabilization operations. 

4 (5) A plan to coordinate the activities of agen5 cies involved in reconstruction and stabilization oper6 ations. 

7 SEC. 1608. ANNUAL REPORTS TO CONGRESS. 

8 Not later than 180 days after the date of the enact9 ment of this Act and annually for each of the five years 

10 thereafter, the Secretary of State shall submit to the ap11 propriate congressional committees a report on the imple12 mentation of this title. The report shall include detailed 

13 information on the following: 

14 (1) Any steps taken to establish a Response 

15 Readiness Corps and a Civilian Reserve Corps, pur16 suant to section 62 of the State Department Basic 

17 Authorities Act of 1956 (as added by section 1605 

18 of this title). 

19 (2) The structure, operations, and cost of the 

20 Response Readiness Corps and the Civilian Reserve 

21 Corps, if established. 

22 (3) How the Response Readiness Corps and the 

23 Civilian Reserve Corps coordinate, interact, and 

24 work with other United States foreign assistance 

25 programs. 


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1 (4) An assessment of the impact that deploy2 ment of the Civilian Reserve Corps, if any, has had 

3 on the capacity and readiness of any domestic agen4 cies or State and local governments from which Ci5 vilian Reserve Corps personnel are drawn. 

6 (5) The reconstruction and stabilization strat7 egy required by section 1607 and any annual up8 dates to that strategy. 

9 (6) Recommendations to improve implementa10 tion of subsection (b) of section 62 of the State De11 partment Basic Authorities Act of 1956, including 

12 measures to enhance the recruitment and retention 

13 of an effective Civilian Reserve Corps. 

14 (7) A description of anticipated costs associated 

15 with the development, annual sustainment, and de16 ployment of the Civilian Reserve Corps. 

17 DIVISION B—MILITARY CON18 STRUCTION AUTHORIZA19 TIONS 

20 SEC. 2001. SHORT TITLE. 

21 This division may be cited as the ‘‘Military Construc22 tion Authorization Act for Fiscal Year 2009’’. 


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1 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

2 AMOUNTS REQUIRED TO BE SPECIFIED BY 

3 LAW. 

4 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

5 YEARS.—Except as provided in subsection (b), all author6 izations contained in titles XXI through XXVI and title 

7 XXIX for military construction projects, land acquisition, 

8 family housing projects and facilities, and contributions to 

9 the North Atlantic Treaty Organization Security Invest10 ment Program (and authorizations of appropriations 

11 therefor) shall expire on the later of— 

12 (1) October 1, 2011; or 

13 (2) the date of the enactment of an Act author14 izing funds for military construction for fiscal year 

15 2012. 

16 (b) EXCEPTION.—Subsection (a) shall not apply to 

17 authorizations for military construction projects, land ac18 quisition, family housing projects and facilities, and con19 tributions to the North Atlantic Treaty Organization Se20 curity Investment Program (and authorizations of appro21 priations therefor), for which appropriated funds have 

22 been obligated before the later of— 

23 (1) October 1, 2011; or 

24 (2) the date of the enactment of an Act author25 izing funds for fiscal year 2012 for military con26 struction projects, land acquisition, family housing 


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1 projects and facilities, or contributions to the North 

2 Atlantic Treaty Organization Security Investment 

3 Program. 

4 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. 

5 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

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

8 appropriated pursuant to the authorization of appropria9 tions in section 2104(a)(1), the Secretary of the Army 

10 may acquire real property and carry out military construc11 tion projects for the installations or locations inside the 

12 United States, and in the amounts, set forth in the fol13 lowing table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama ................... Anniston Army Depot .................................. $46,400,000 

Fort Rucker ................................................. $6,800,000 

Alaska ...................... Fort Richardson ........................................... $15,000,000 

Fort Wainwright .......................................... $110,400,000 

Arizona.................... Fort Huachuca............................................. $13,200,000 

Yuma Proving Ground ................................. $3,800,000 

California ................. Fort Irwin .................................................... $39,600,000 

Presidio, Monterey ....................................... $15,000,000 

Sierra Army Depot ....................................... $12,400,000 

Colorado ................... Fort Carson .................................................. $534,000,000 

Georgia.................... Fort Benning ............................................... $267,800,000 

Fort Stewart/Hunter Army Air Field .......... $432,300,000 

Hawaii ..................... Pohakuloa Training Area ............................. $9,000,000 

Schofield Barracks ....................................... $279,000,000 

Wahiawa ....................................................... $40,000,000 


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Army: Inside the United States—Continued 

State Installation or Location Amount 

Kansas ..................... Fort Leavenworth ........................................ $4,200,000 

Fort Riley ..................................................... $158,000,000 

Kentucky .................. Fort Campbell .............................................. $108,113,000 

Louisiana ................. Fort Polk ...................................................... $29,000,000 

Missouri ................... Fort Leonard Wood ..................................... $33,850,000 

New Jersey .............. Picatinny Arsenal ......................................... $9,900,000 

New York ................. Fort Drum ................................................... $96,900,000 

USMA, West Point ...................................... $67,000,000 

North Carolina ........ Fort Bragg ................................................... $58,400,000 

Oklahoma ................. Fort Sill ....................................................... $63,000,000 

McAlester Army Ammunition Plant ............ $5,800,000 

Pennsylvania ............ Carlisle Barracks ......................................... $13,400,000 

Letterkenny Army Depot ............................. $7,500,000 

Tobyhanna Army Depot ............................... $15,000,000 

South Carolina ......... Fort Jackson ................................................ $30,000,000 

Texas ....................... Camp Bullis ................................................. $4,200,000 

Corpus Christi Army Depot ......................... $39,000,000 

Fort Bliss ..................................................... $1,044,300,000 

Fort Hood .................................................... $49,500,000 

Fort Sam Houston ....................................... $96,000,000 

Red River Army Depot ................................ $6,900,000 

Virginia.................... Fort Belvoir ................................................. $7,200,000 

Fort Eustis ................................................... $18,300,000 

Fort Lee ....................................................... $100,600,000 

Fort Myer ..................................................... $14,000,000 

Washington .............. Fort Lewis .................................................... $158,000,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ................ Bagram Air Base ...................................... $67,000,000 

Germany ..................... Katterbach ................................................. $19,000,000 

Wiesbaden Air Base .................................. $119,000,000 

Japan ......................... Camp Zama ............................................... $2,350,000 

Sagamihara ................................................ $17,500,000 

Korea.......................... Camp Humphreys ...................................... $20,000,000 


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1 SEC. 2102. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2104(a)(5)(A), the Secretary of the 

5 Army may construct or acquire family housing units (in6 cluding land acquisition and supporting facilities) at the 

7 installations or locations, in the number of units, and in 

8 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 

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2104(a)(5)(A), the Secretary of the Army may 

12 carry out architectural and engineering services and con13 struction design activities with respect to the construction 

14 or improvement of family housing units in an amount not 

15 to exceed $579,000. 

16 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

17 UNITS. 

18 Subject to section 2825 of title 10, United States 

19 Code, and using amounts appropriated pursuant to the 

20 authorization of appropriations in section 2104(a)(5)(A), 

21 the Secretary of the Army may improve existing military 


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1 family housing units in an amount not to exceed 

2 $420,001,000. 

3 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

4 (a) IN GENERAL.—Funds are hereby authorized to 

5 be appropriated for fiscal years beginning after September 

6 30, 2008, for military construction, land acquisition, and 

7 military family housing functions of the Department of the 

8 Army in the total amount of $6,008,226,000 as follows: 

9 (1) For military construction projects inside the 

10 United States authorized by section 2101(a), 

11 $4,062,763,000. 

12 (2) For military construction projects outside 

13 the United States authorized by section 2101(b), 

14 $185,350,000. 

15 (3) For unspecified minor military construction 

16 projects authorized by section 2805 of title 10, 

17 United States Code, $23,000,000. 

18 (4) For host nation support and architectural 

19 and engineering services and construction design 

20 under section 2807 of title 10, United States Code, 

21 $175,823,000. 

22 (5) For military family housing functions: 

23 (A) For construction and acquisition, plan24 ning and design, and improvement of military 

25 family housing and facilities, $646,580,000. 


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1 (B) For support of military family housing 

2 (including the functions described in section 

3 2833 of title 10, United States Code), 

4 $716,110,000. 

5 (6) For the construction of increment 3 of a 

6 barracks complex at Fort Lewis, Washington, au7 thorized by section 2101(a) of the Military Construc8 tion Authorization Act for Fiscal Year 2007 (divi9 sion B of Public Law 109–364; 120 Stat. 2445), as 

10 amended by section 20814 of the Continuing Appro11 priations Resolution, 2007 (division B of Public Law 

12 109–289), as added by section 2 of the Revised Con13 tinuing Resolution, 2007 (Public Law 110–5; 121 

14 Stat 41), $102,000,000. 

15 (7) For the construction of increment 2 of the 

16 United States Southern Command Headquarters at 

17 Miami Doral, Florida, authorized by section 2101(a) 

18 of the Military Construction Authorization Act for 

19 Fiscal Year 2008 (division B of Public Law 110– 

20 181; 122 Stat. 504, $81,600,000. 

21 (8) For the construction of increment 2 of the 

22 brigade complex operations support facility at 

23 Vicenza, Italy, authorized by section 2101(b) of the 

24 Military Construction Authorization Act for Fiscal 


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1 Year 2008 (division B of Public Law 110–181; 122 

2 Stat. 505, $7,500,000. 

3 (9) For the construction of increment 2 of the 

4 brigade complex barracks and community support 

5 facility at Vicenza, Italy, authorized by section 

6 2101(b) of the Military Construction Authorization 

7 Act for Fiscal Year 2008 (division B of Public Law 

8 110–181; 122 Stat. 505, $7,500,000. 

9 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

10 PROJECTS.—Notwithstanding the cost variations author11 ized by section 2853 of title 10, United States Code, and 

12 any other cost variation authorized by law, the total cost 

13 of all projects carried out under section 2401 of this Act 

14 may not exceed the sum of the following: 

15 (1) The total amount authorized to be appro16 priated under paragraphs (1) and (2) of subsection 

17 (a). 

18 (2) $59,500,000 (the balance of the amount au19 thorized under section 2101(b) for the construction 

20 of a headquarters element in Wiesbaden, Germany). 

21 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

22 CERTAIN FISCAL YEAR 2008 PROJECTS. 

23 (a) INSIDE THE UNITED STATES PROJECTS.—The 

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1 thorization Act for Fiscal Year 2008 (division B of Public 

2 Law 110–181; 122 Stat. 504) is amended— 

3 (1) in the item relating to Hawthorne Army 

4 Ammunition Plant, Nevada, by striking 

5 ‘‘$11,800,000’’ in the amount column and inserting 

6 ‘‘$7,300,000’’; 

7 (2) in the item relating to Fort Drum, New 

8 York, by striking ‘‘$311,200,000’’ in the amount 

9 column and inserting ‘‘$304,600,000’’; and 

10 (3) in the item relating to Fort Bliss, Texas, by 

11 striking ‘‘$118,400,000’’ in the amount column and 

12 inserting ‘‘$111,900,000’’. 

13 (b) CONFORMING AMENDMENTS.—Section 2104(a) 

14 of that Act (122 Stat. 506) is amended— 

15 (1) in the matter preceding paragraph (1), by 

16 striking ‘‘$5,106,703,000’’ and inserting 

17 ‘‘$5,089,103,000’’; and 

18 (2) in paragraph (1), by striking 

19 ‘‘$3,198,150,000’’ and inserting ‘‘$3,180,550,000’’. 

20 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT 

21 CERTAIN FISCAL YEAR 2007 PROJECTS. 

22 (a) INSIDE THE UNITED STATES PROJECTS.—The 

23 table in section 2101(a) of the Military Construction Au24 thorization Act for Fiscal Year 2007 (division B of Public 

25 Law 109–364; 120 Stat. 2445), as amended by section 


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1 20814 of the Continuing Appropriations Resolution, 2007 

2 (division B of Public Law 109–289) and section 2105(a) 

3 of the Military Construction Authorization Act for Fiscal 

4 Year 2008 (division B of Public Law 110–181; 122 Stat. 

5 507), is further amended in the item relating to Fort 

6 Bragg, North Carolina, by striking ‘‘$96,900,000’’ in the 

7 amount column and inserting ‘‘$75,900,000’’. 

8 (b) OUTSIDE THE UNITED STATES PROJECTS.—The 

9 table in section 2101(b) of the Military Construction Au10 thorization Act for Fiscal Year 2007 (division B of Public 

11 Law 109–364; 120 Stat. 2446), as amended by section 

12 2106(a) of the Military Construction Authorization Act 

13 for Fiscal Year 2008 (division B of Public Law 110–181; 

14 122 Stat. 508), is further amended in the item relating 

15 to Vicenza, Italy, by striking ‘‘$223,000,000’’ in the 

16 amount column and inserting ‘‘$208,280,000’’. 

17 (c) CONFORMING AMENDMENTS.—Section 2104(a) of 

18 the Military Construction Authorization Act for Fiscal 

19 Year 2007 (division B of Public Law 109–364; 120 Stat. 

20 2447), as amended by section 2105(b) of the Military Con21 struction Authorization Act for Fiscal Year 2008 (division 

22 B of Public Law 110–181; 122 Stat. 508), is further 

23 amended— 


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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘$3,275,700,000’’ and inserting 

3 ‘‘$3,239,980,000’’; 

4 (2) in paragraph (1), by striking 

5 ‘‘$1,119,450,000’’ and inserting ‘‘$1,098,450,000’’; 

6 and 

7 (3) in paragraph (2), by striking 

8 ‘‘$510,582,00’’ and inserting ‘‘$495,862,000’’. 

9 SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

10 FISCAL YEAR 2006 PROJECTS. 

11 (a) EXTENSION.—Notwithstanding section 2701 of 

12 the Military Construction Authorization Act for Fiscal 

13 Year 2006 (division B of Public Law 109–163; 119 Stat. 

14 3501), the authorizations set forth in the table in sub15 section (b), as provided in section 2101 of that Act (119 

16 Stat. 3485), shall remain in effect until October 1, 2009, 

17 or the date of the enactment of an Act authorizing funds 

18 for military construction for fiscal year 2010, whichever 

19 is later. 

20 (b) TABLE.—The table referred to in subsection (a) 

21 is as follows: 

Army: Extension of 2006 Project Authorizations 

State Installation or 

Location Project Amount 

Hawaii ............... Pohakuloa ........ Tactical Vehicle Wash Facility .. $9,207,000 

Battle Area Complex ................. $33,660,000 

Virginia.............. Fort Belvoir ..... Defense Access Road ................. $18,000,000 


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1 SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN 

2 FISCAL YEAR 2005 PROJECT. 

3 (a) EXTENSION.—Notwithstanding section 2701 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2005 (division B of Public Law 108–375; 118 Stat. 

6 2116), the authorization set forth in the table in sub7 section (b), as provided in section 2101 of that Act (118 

8 Stat. 2101) and extended by section 2108 of the Military 

9 Construction Authorization Act for Fiscal Year 2008 (di10 vision B of Public Law 110–181; 122 Stat. 508), shall 

11 remain in effect until October 1, 2009, or the date of the 

12 enactment of an Act authorizing funds for military con13 struction for fiscal year 2010, whichever is later. 

14 (b) TABLE.—The table referred to in subsection (a) 

15 is as follows: 

Army: Extension of 2005 Project Authorization 

State Installation or 

Location Project Amount 

Hawaii ............... Schofield Barracks.Training Facility ........................ $35,542,000 

16 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. 2207. Report on impacts of surface ship homeporting alternatives. 


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1 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

2 ACQUISITION PROJECTS. 

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

4 appropriated pursuant to the authorization of appropria5 tions in section 2204(1), the Secretary of the Navy may 

6 acquire real property and carry out military construction 

7 projects for the installations or locations inside the United 

8 States, and in the amounts, set forth in the following 

9 table: 

Inside the United States 

State Installation or Location Amount 

Arizona ...................... Marine Corps Air Station, Yuma ............... $19,490,000 

California .................. Marine Corps Logistics Base, Barstow ...... $7,830,000 

Marine Corps Base, Camp Pendleton ......... $799,870,000 

Naval Air Facility, El Centro ..................... $8,900,000 

Marine Corps Air Station, Miramar ........... $48,770,000 

Naval Post Graduate School Monterey ...... $9,900,000 

Naval Air Station, North Island ................. $60,152,000 

Naval Facility, San Clemente Island .......... $34,020,000 

Naval Station, San Diego ........................... $51,220,000 

Marine Corps Base, Twentynine Palms ..... $155,310,000 

Connecticut ............... Naval Submarine Base, Groton .................. $46,060,000 

District of Columbia Naval Support Activity, Washington .......... $24,220,000 

Florida ...................... Naval Air Station, Jacksonville .................. $12,890,000 

Naval Station, Mayport .............................. $18,280,000 

Naval Support Activity, Tampa .................. $29,000,000 

Georgia ...................... Marine Corps Logistics Base, Albany ........ $15,320,000 

Naval Submarine Base Kings Bay ............. $6,130,000 

Hawaii ....................... Pacific Missile Range, Barking Sands ....... $28,900,000 

Marine Corps Base, Hawaii ........................ $28,200,000 

Naval Station, Pearl Harbor ...................... $80,290,000 

Illinois ....................... Recruit Training Command, Great Lakes .. $62,940,000 

Maine ........................ Naval Shipyard Portsmouth ....................... $9,980,000 

Maryland ................... Naval Surface Warfare Center Carderock .. $6,980,000 

Naval Surface Warfare Center, Indian 

Head.

$25,980,000 

Mississippi ................. Naval Construction Battalion Center, Gulfport.$12,770,000 

New Jersey ............... Naval Air Warfare Center, Lakehurst ....... $15,440,000 

North Carolina .......... Marine Corps Air Station, Cherry Point .... $77,420,000 

Marine Corps Air Station, New River ........ $86,280,000 

Marine Corps Base, Camp Lejeune ............ $353,090,000 

Pennsylvania ............. Naval Support Activity, Philadelphia ......... $22,020,000 

Rhode Island ............. Naval Station, Newport .............................. $39,800,000 

South Carolina .......... Marine Corps Air Station, Beaufort ........... $5,940,000 

Marine Corps Recruit Depot, Parris Island $64,750,000 

Texas ......................... Naval Air Station Corpus Christi ............... $3,500,000 

Naval Air Station Kingsville ....................... $11,580,000 

Virginia ..................... Marine Corps Base, Quantico ..................... $150,290,000 

Naval Station, Norfolk ............................... $73,280,000 

Washington ............... Naval Air Station Whidbey Island ............. $6,160,000 


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Inside the United States—Continued 

State Installation or Location Amount 

Naval Base Kitsap ...................................... $5,110,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installation or location outside the United 

6 States, and in the amounts, set forth in the following 

7 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 

8 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2204(3), the Secretary of the Navy may 

11 acquire real property and carry out military construction 

12 projects for unspecified installations or locations in the 

13 amounts set forth in the following table: 

Navy: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Unspecified Unspecified Worldwide ................................ $94,020,000 

14 SEC. 2202. FAMILY HOUSING. 

15 (a) CONSTRUCTION AND ACQUISITION.—Using 

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1 propriations in section 2204(6)(A), the Secretary of the 

2 Navy may construct or acquire family housing units (in3 cluding land acquisition and supporting facilities) at the 

4 installations or locations, in the number of units, and in 

5 the amount set forth in the following table: 

Navy: Family Housing 

Location Installation or Location Units Amount 

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

Guantanamo Bay.

146 ........................... $62,598.000 

6 (b) PLANNING AND DESIGN.—Using amounts appro7 priated pursuant to the authorization of appropriations in 

8 section 2204(6)(A), the Secretary of the Navy may carry 

9 out architectural and engineering services and construc10 tion design activities with respect to the construction or 

11 improvement of family housing units in an amount not 

12 to exceed $2,169,000. 

13 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

14 UNITS. 

15 Subject to section 2825 of title 10, United States 

16 Code, and using amounts appropriated pursuant to the 

17 authorization of appropriations in section 2204(6)(A), the 

18 Secretary of the Navy may improve existing military fam19 ily housing units in an amount not to exceed 

20 $318,011,000. 


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1 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal years beginning after September 30, 2008, for mili4 tary construction, land acquisition, and military family 

5 housing functions of the Department of the Navy in the 

6 total amount of $3,996,449,000, as follows: 

7 (1) For military construction projects inside the 

8 United States authorized by section 2201(a), 

9 $2,518,152,000. 

10 (2) For military construction projects outside 

11 the United States authorized by section 2201(b), 

12 $175,500,000. 

13 (3) For military construction projects at un14 specified worldwide locations authorized by section 

15 2201(c), $94,020,000. 

16 (4) For unspecified minor military construction 

17 projects authorized by section 2805 of title 10, 

18 United States Code, $13,670,000. 

19 (5) For architectural and engineering services 

20 and construction design under section 2807 of title 

21 10, United States Code, $247,128,000. 

22 (6) For military family housing functions: 

23 (A) For construction and acquisition, plan24 ning and design, and improvement of military 

25 family housing and facilities, $382,778,000. 


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1 (B) For support of military family housing 

2 (including functions described in section 2833 

3 of title 10, United States Code), $376,062,000. 

4 (7) For the construction of increment 2 of the 

5 wharf extension at Naval Forces Marianas Islands, 

6 Guam, authorized by section 2201(b) of the Military 

7 Construction Authorization Act for Fiscal Year 2008 

8 (division B of Public Law 110–181; 122 Stat. 510), 

9 $50,912,000. 

10 (8) For the construction of increment 2 of the 

11 submarine drive-in magnetic silencing facility at 

12 Naval Submarine Base, Pearl Harbor, Hawaii, au13 thorized in section 2201(a) of the Military Construc14 tion Authorization Act for Fiscal Year 2008 (divi15 sion B of Public Law 110–181; 122 Stat. 510), 

16 $41,088,000. 

17 (9) For the construction of increment 3 of the 

18 National Maritime Intelligence Center, Suitland, 

19 Maryland, authorized by section 2201(a) of the Mili20 tary Construction Authorization Act for Fiscal Year 

21 2007 (division B of Public Law 109–364; 120 Stat. 

22 2448), $12,439,000. 

23 (10) For the construction of increment 2 of 

24 hangar 5 recapitalizations at Naval Air Station, 

25 Whidbey Island, Washington, authorized by section 


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1 2201(a) of the Military Construction Authorization 

2 Act of Fiscal Year 2007 (division B of Public Law 

3 109–364; 120 Stat. 2448), $34,000,000. 

4 (11) For the construction of increment 5 of the 

5 limited area production and storage complex at 

6 Naval Submarine Base, Kitsap, Bangor, Washington 

7 (formerly referred to as a project at the Strategic 

8 Weapons Facility Pacific, Bangor), authorized by 

9 section 2201(a) of the Military Construction Author10 ization Act of Fiscal Year 2005 (division B of Public 

11 Law 108–375; 118 Stat. 2106), as amended by sec12 tion 2206 of the Military Construction Authorization 

13 Act for Fiscal Year 2006 (division B of Public law 

14 109–163; 119 Stat. 3493) and section 2206 of the 

15 Military Construction Authorization Act for Fiscal 

16 Year 2008 (division B of Public Law 110–181; 122 

17 Stat. 514) $50,700,000. 

18 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

19 CERTAIN FISCAL YEAR 2005 PROJECT. 

20 The table in section 2201(a) of the Military Construc21 tion Authorization Act for Fiscal Year 2005 (division B 

22 of Public Law 108–375; 118 Stat. 2105), as amended by 

23 section 2206 of the Military Construction Authorization 

24 Act for Fiscal Year 2006 (division B of Public Law 109– 

25 163; 119 Stat. 3493) and section 2206 of the Military 


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1 Construction Authorization Act for Fiscal Year 2008 (di2 vision B of Public Law 110–181; 122 Stat.514), is further 

3 amended— 

4 (1) in the item relating to Strategic Weapons 

5 Facility Pacific, Bangor, Washington, by striking 

6 ‘‘$295,000,000’’ in the amount column and inserting 

7 ‘‘$311,670,000’’; and 

8 (2) by striking the amount identified as the 

9 total in the amount column and inserting 

10 ‘‘$1,084,497,000’’. 

11 SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT 

12 CERTAIN FISCAL YEAR 2007 PROJECTS. 

13 (a) MODIFICATIONS.—The table in section 2201(a) 

14 of the Military Construction Authorization Act for Fiscal 

15 Year 2007 (division B of Public Law 109–364; 120 Stat. 

16 2448), as amended by section 2205(a)(17) of the Military 

17 Construction Authorization Act for Fiscal Year 2008 (di18 vision B of Public Law 110–181; 122 Stat. 513) is further 

19 amended— 

20 (1) in the item relating to NMIC/Naval Support 

21 Activity, Suitland, Maryland, by striking 

22 ‘‘$67,939,000’’ in the amount column and inserting 

23 ‘‘$76,288,000’’; and 

24 (2) in the item relating to Naval Air Station, 

25 Whidbey Island, Washington, by striking 


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1 ‘‘$57,653,000’’ in the amount column and inserting 

2 ‘‘$60,500,000’’. 

3 (b) CONFORMING AMENDMENTS.—Section 2204(b) 

4 of the Military Construction Authorization Act for Fiscal 

5 Year 2007 (division B of Public Law 109–364; 120 Stat. 

6 2452), is amended— 

7 (1) in paragraph (2), by striking 

8 ‘‘$56,159,000’’ and inserting ‘‘$64,508,000’’; and 

9 (2) in paragraph (3), by striking 

10 ‘‘$31,153,000’’ and inserting ‘‘$34,000,000’’. 

11 SEC. 2207. REPORT ON IMPACTS OF SURFACE SHIP HOME12 PORTING ALTERNATIVES. 

13 (a) REPORT REQUIRED.—The Secretary of the Navy 

14 shall not issue a record of decision for the proposed action 

15 of homeporting additional surface ships at Naval Station 

16 Mayport, Florida, until at least 30 days after the date on 

17 which the Secretary submits to Congress a report con18 taining an analysis of the socio-economic impacts and an 

19 economic justification on each location from which a vessel 

20 is proposed to be removed for homeporting at Naval Sta21 tion Mayport under the preferred alternative identified in 

22 the final environmental impact statement for the proposed 

23 action. 

24 (b) ADDITIONAL REPORTING REQUIREMENT.—If the 

25 final environmental impact statement does not contain a 


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1 preferred alternative or if the Secretary intends to select 

2 an alternative other than the preferred alternative in the 

3 record of decision, then the Secretary shall submit to Con4 gress a report (in the case where no preferred alternative 

5 is identified) or an additional report (in the case where 

6 the preferred alternative is not selected) containing an 

7 analysis of the socio-economic impacts and an economic 

8 justification on each location from which a vessel is pro9 posed to be removed for homeporting at Naval Station 

10 Mayport. 

11 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. 

12 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

13 LAND ACQUISITION PROJECTS. 

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

15 appropriated pursuant to the authorization of appropria16 tions in section 2304(1), the Secretary of the Air Force 

17 may acquire real property and carry out military construc18 tion projects for the installations or locations inside the 

19 United States, and in the amounts, set forth in the fol20 lowing table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alabama .............................. Maxwell Air Force Base ................ $15,556,000 


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Air Force: Inside the United States—Continued 

State Installation or Location Amount 

Alaska ................................. Elmendorf Air Force Base ............ $138,300,000 

California ............................ Edwards Air Force Base .............. $9,100,000 

Colorado .............................. United States Air Force Academy $18,000,000 

Delaware ............................. Dover Air Force Base ................... $19,000,000 

Florida................................ Eglin Air Force Base .................... $19,000,000 

MacDill Air Force Base ................ $26,000,000 

Tyndall Air Force Base ................ $11,600,000 

Georgia............................... Robins Air Force Base .................. $29,350,000 

Kansas ................................ McConnell Air Force Base ............ $6,800,000 

Maryland ............................. Andrews Air Force Base ............... $77,648,000 

Mississippi .......................... Columbus Air Force Base ............. $8,100,000 

Missouri .............................. Whiteman Air Force Base ............ $4,200,000 

Nevada ................................ Creech Air Force Base .................. $48,500,000 

Nellis Air Force Base ................... $53,300,000 

New Jersey ......................... McGuire Air Force Base ............... $7,200,000 

New Mexico ....................... Cannon Air Force Base ................ $8,300,000 

Holloman Air Force Base ............. $25,450,000 

Ohio .................................... Wright Patterson Air Force Base $14,000,000 

Oklahoma ............................ Tinker Air Force Base .................. $54,000,000 

South Carolina .................... Charleston Air Force Base ........... $4,500,000 

Shaw Air Force Base .................... $9,900,000 

Texas .................................. Fort Hood ..................................... $10,800,000 

Lackland Air Force Base .............. $75,515,000 

Utah .................................... Hill Air Force Base ...................... $41,400,000 

Washington ......................... McChord Air Force Base .............. $5,500,000 

Wyoming ............................. Francis E. Warren Air Force 

Base.

$8,600,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Afghanistan ......................... Bagram Airfield ...................................... $57,200,000 

Guam .................................. Andersen Air Force Base ....................... $10,600,000 

Kyrgyzstan .......................... Manas Air Base ...................................... $6,000,000 

United Kingdom ................. Royal Air Force Lakenheath .................. $7,400,000 

8 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

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1 tions in section 2304(3), the Secretary of the Air Force 

2 may acquire real property and carry out military construc3 tion projects for unspecified installations or locations in 

4 the amounts set forth in the following table: 

Air Force: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Classified ........... Classified Location .................................. $891,000 

Worldwide Unspecified ....... Unspecified Worldwide Locations ........... $52,500,000 

5 SEC. 2302. FAMILY HOUSING. 

6 (a) CONSTRUCTION AND ACQUISITION.—Using 

7 amounts appropriated pursuant to the authorization of ap8 propriations in section 2304(6)(A), the Secretary of the 

9 Air Force may construct or acquire family housing units 

10 (including land acquisition and supporting facilities) at the 

11 installations or locations, in the number of units, and in 

12 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 

13 (b) PLANNING AND DESIGN.—Using amounts appro14 priated pursuant to the authorization of appropriations in 

15 section 2304(6)(A), the Secretary of the Air Force may 

16 carry out architectural and engineering services and con17 struction design activities with respect to the construction 

18 or improvement of family housing units in an amount not 

19 to exceed $7,708,000. 


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1 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States 

4 Code, and using amounts appropriated pursuant to the 

5 authorization of appropriations in section 2304(6)(A), the 

6 Secretary of the Air Force may improve existing military 

7 family housing units in an amount not to exceed 

8 $316,343,000. 

9 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

10 FORCE. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal years beginning after September 30, 2008, for mili13 tary construction, land acquisition, and military family 

14 housing functions of the Department of the Air Force in 

15 the total amount of $1,966,868,000, as follows: 

16 (1) For military construction projects inside the 

17 United States authorized by section 2301(a), 

18 $749,619,000. 

19 (2) For military construction projects outside 

20 the United States authorized by section 2301(b), 

21 $81,200,000. 

22 (3) For the military construction projects at 

23 unspecified worldwide locations authorized by section 

24 2301(c), $53,391,000. 


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1 (4) For unspecified minor military construction 

2 projects authorized by section 2805 of title 10, 

3 United States Code, $15,000,000. 

4 (5) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $77,314,000. 

7 (6) For military family housing functions: 

8 (A) For construction and acquisition, plan9 ning and design, and improvement of military 

10 family housing and facilities, $395,879,000. 

11 (B) For support of military family housing 

12 (including functions described in section 2833 

13 of title 10, United States Code), $594,465,000. 

14 SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

15 FISCAL YEAR 2006 PROJECTS. 

16 (a) EXTENSION.—Notwithstanding section 2701 of 

17 the Military Construction Authorization Act for Fiscal 

18 Year 2006 (division B of Public Law 109–163; 119 Stat. 

19 3501), authorizations set forth in the tables in subsection 

20 (b), as provided in section 2302 of that Act, shall remain 

21 in effect until October 1, 2009, or the date of the enact22 ment of an Act authorizing funds for military construction 

23 for fiscal year 2010, whichever is later. 

24 (b) TABLE.—The table referred to in subsection (a) 

25 is as follows: 


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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 

1 SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2005 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2005 (division B of Public Law 108–375; 118 Stat. 

6 2116), authorizations set forth in the table in subsection 

7 (b), as provided in section 2302 of that Act and extended 

8 by section 2307 of the Military Construction Authoriza9 tion Act for Fiscal Year 2008 (division B of Public Law 

10 110–181; 122 Stat. 519), shall remain in effect until Octo11 ber 1, 2009, or the date of the enactment of an Act au12 thorizing funds for military construction for fiscal year 

13 2010, whichever is later. 

14 (b) TABLE.—The table referred to in subsection (a) 

15 is as follows: 


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Air Force: Extension of 2005 Project Authorizations 

State/Country Installation or 

Location Project Amount 

Arizona ............ Davis-Monthan Air 

Force Base ........ Replace Family Housing 

(250 units) .................... $48,500,000 

California ........ Vandenberg Air 

Force Base ........ Replace Family Housing 

(120 units) .................... $30,906,000 

Florida............ MacDill Air Force 

Base ................... Construct Housing Maintenance Facility ............ $1,250,000 

Missouri ........... Whiteman Air 

Force Base ........ Replace Family Housing 

(160 units) .................... $37,087,000 

North Carolina Seymour Johnson 

Air Force Base .. Replace Family Housing 

(167 units) .................... $32,693,000 

Germany .......... Ramstein Air Base USAFE Theater Aerospace Operations Support Center ................... $24,204,000 

1 TITLE XXIV—DEFENSE 

2 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. 


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1 Subtitle A—Defense Agency 

2 Authorizations 

3 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC4 TION AND LAND ACQUISITION PROJECTS. 

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

6 appropriated pursuant to the authorization of appropria7 tions in section 2403(a)(1), the Secretary of Defense may 

8 acquire real property and carry out military construction 

9 projects for the installations or locations inside the United 

10 States, and in the amounts, set forth in the following ta11 bles: 

Defense Education Activity 

State Installation or Location Amount 

Kentucky ..................... Fort Campbell ............................................. $21,400,000 

North Carolina ............ Fort Bragg .................................................. $78,471,000 

Defense Intelligence Agency 

State Installation or Location Amount 

Illinois ......................... Scott Air Force Base .................................. $13,977,000 

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 ................................................ $14,000,000 


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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 ............................. $18,100,000 

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 

Kansas ......................... Fort Riley .................................................. $52,000,000 

Kentucky ...................... Fort Campbell ............................................ $24,000,000 

Maryland ...................... Aberdeen Proving Ground ......................... $430,000,000 

Missouri ....................... Fort Leonard Wood ................................... $22,000,000 

Oklahoma ..................... Tinker Air Force Base .............................. $65,000,000 

Texas ............................ Fort Sam Houston .................................... $13,000,000 

Washington Headquarters Services 

State Installation or Location Amount 

Virginia ........................ Pentagon Reservation ................................ $38,940,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a)(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing tables: 

Defense Logistics Agency 

Country Installation or Location Amount 

Germany ............................. Germersheim ........................................... $48,000,000 

Greece ................................. Souda Bay ............................................... $8,000,000 


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Special Operations Command 

Country Installation or Location Amount 

Qatar ................................... Al Udeid .................................................. $9,200,000 

TRICARE Management Activity 

Country Installation or Location Amount 

Guam .................................. Naval Activities ....................................... $30,000,000 

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a)(3), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for unspecified installations or locations in the 

6 amount set forth in the following table: 

Defense Agencies: Unspecified Worldwide 

Location Installation or 

Location Amount 

Worldwide Classified ..................................... Classified Project ...... $837,480,000 

7 SEC. 2402. ENERGY CONSERVATION PROJECTS. 

8 Using amounts appropriated pursuant to the author9 ization of appropriations in section 2403(a)(7), the Sec10 retary of Defense may carry out energy conservation 

11 projects under chapter 173 of title 10, United States 

12 Code, in the amount of $80,000,000. 

13 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE14 FENSE AGENCIES. 

15 (a) IN GENERAL.—Funds are hereby authorized to 

16 be appropriated for fiscal years beginning after September 

17 30, 2008, for military construction, land acquisition, and 


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1 military family housing functions of the Department of 

2 Defense (other than the military departments) in the total 

3 amount of $1,510,550,000, as follows: 

4 (1) For military construction projects inside the 

5 United States authorized by section 2401(a), 

6 $767,511,000. 

7 (2) For military construction projects outside 

8 the United States authorized by section 2401(b), 

9 $95,200,000. 

10 (3) For the military construction projects at 

11 unspecified worldwide locations authorized by section 

12 2401(c), $101,160,000. 

13 (4) For unspecified minor military construction 

14 projects under section 2805 of title 10, United 

15 States Code, $28,853,000. 

16 (5) For contingency construction projects of the 

17 Secretary of Defense under section 2804 of title 10, 

18 United States Code, $10,000,000. 

19 (6) For architectural and engineering services 

20 and construction design under section 2807 of title 

21 10, United States Code, $133,025,000. 

22 (7) For energy conservation projects authorized 

23 by section 2402 of this Act, $80,000,000. 

24 (8) For support of military family housing, in25 cluding functions described in section 2833 of title 


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1 10, United States Code, and credits to the Depart2 ment of Defense Family Housing Improvement 

3 Fund under section 2883 of title 10, United States 

4 Code, and the Homeowners Assistance Fund estab5 lished under section 1013 of the Demonstration Cit6 ies and Metropolitan Development Act of 1966 (42 

7 U.S.C. 3374), $54,581,000. 

8 (9) For the construction of increment 4 of the 

9 regional security operations center at Augusta, Geor10 gia, authorized by section 2401(a) of the Military 

11 Construction Authorization Act of Fiscal Year 2006 

12 (division B of Public Law 109–163; 119 Stat. 

13 3497), as amended by section 7016 of the Emer14 gency Supplemental Appropriation Act for Defense, 

15 the Global War on Terror, and Hurricane Recovery, 

16 2006 (Public Law 109–234; 120 Stat. 485), 

17 $100,220,000. 

18 (10) For the construction of increment 2 of the 

19 Army Medical Research Institute of Infectious Dis20 eases Stage 1 at Fort Detrick, Maryland, authorized 

21 by section 2401(a) of the Military Construction Au22 thorization Act of Fiscal Year 2007 (division B of 

23 Public Law 109–364; 120 Stat. 2457), 

24 $109,000,000. 


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1 (11) For the construction of increment 2 of the 

2 special operations forces operational facility at Dam 

3 Neck, Virginia, authorized by section 2401(a) of the 

4 Military Construction Authorization Act of Fiscal 

5 Year 2008 (division B of Public Law 110–181; 122 

6 Stat. 521), $31,000,000. 

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and 

10 any other cost variation authorized by law, the total cost 

11 of all projects carried out under section 2401 of this Act 

12 may not exceed the sum of the following: 

13 (1) The total amount authorized to be appro14 priated under paragraphs (1), (2) and (3) of sub15 section (a). 

16 (2) $100,000,000 (the balance of the amount 

17 authorized under section 2401(a) for the construc18 tion of the United States Army Medical Research 

19 Institute of Infectious Diseases Stage 1 at Fort 

20 Detrick, Maryland). 

21 (3) $80,000,000 (the balance of the amount au22 thorized under section 2401(c) for the construction 

23 of the Ballistic Missile Defense, European Inter24 ceptor Site). 


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1 (4) $60,000,000 (the balance of the amount au2 thorized under section 2401(c) for the construction 

3 of the Ballistic Missile Defense, European Midcourse 

4 Radar Site). 

5 SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT 

6 CERTAIN FISCAL YEAR 2007 PROJECT. 

7 (a) MODIFICATION.—The table relating to the 

8 TRICARE Management Activity in section 2401(a) of the 

9 Military Construction Authorization Act for Fiscal Year 

10 2007 (division B of Public Law 109–364; 120 Stat. 2457) 

11 is amended in the item relating to Fort Detrick, Maryland, 

12 by striking ‘‘$550,000,000’’ in the amount column and in13 serting ‘‘$683,000,000’’. 

14 (b) CONFORMING AMENDMENT.—Section 2405(b)(3) 

15 of that Act (120 Stat. 2461) is amended by striking 

16 ‘‘$521,000,000’’ and inserting ‘‘$654,000,000’’. 

17 SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT 

18 CERTAIN FISCAL YEAR 2005 PROJECTS. 

19 (a) MODIFICATION.—The table in section 2401(a) of 

20 the Military Construction Authorization Act for Fiscal 

21 Year 2005 (division B of Public Law 108–375; 118 Stat. 

22 2112) is amended— 

23 (1) by striking the item relating to Defense 

24 Fuel Support Point, Naval Air Station, Oceana, Vir25 ginia; and 


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1 (2) by striking the amount identified as the 

2 total in the amount column and inserting 

3 ‘‘$485,193,000’’. 

4 (b) CONFORMING AMENDMENTS.—Section 2404(a) 

5 of that Act (118 Stat. 2113) is amended— 

6 (1) in the matter preceding paragraph (1), by 

7 striking ‘‘$1,055,663,000’’ and inserting 

8 ‘‘$1,052,074,000’’; and 

9 (2) in paragraph (1), by striking 

10 ‘‘$411,782,000’’ and inserting ‘‘$408,193,000’’. 

11 SEC. 2406. EXTENSION OF AUTHORIZATION OF CERTAIN 

12 FISCAL YEAR 2006 PROJECT. 

13 (a) EXTENSION.—Notwithstanding section 2701 of 

14 the Military Construction Authorization Act for Fiscal 

15 Year 2006 (division B of Public Law 109–163; 119 Stat. 

16 3501), authorizations set forth in the tables in subsection 

17 (b), as provided in section 2401 of that Act, shall remain 

18 in effect until October 1, 2009, or the date of the enact19 ment of an Act authorizing funds for military construction 

20 for fiscal year 2010, whichever is later. 

21 (b) TABLE.—The table referred to in subsection (a) 

22 is as follows: 

Defense Logistics Agency: Extension of 2006 Project 

Authorization 

Installation or Location Project Amount 

Defense Logistics Agency ... Defense Distribution Depot Susquehanna, New Cumberland, Pennsylvania.$6,500,000 


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1 Subtitle B—Chemical 

2 Demilitarization Authorizations 

3 SEC. 2411. AUTHORIZED CHEMICAL DEMILITARIZATION 

4 PROGRAM CONSTRUCTION AND LAND ACQUI5 SITION PROJECTS. 

6 Using amounts appropriated pursuant to the author7 ization of appropriations in section 2412(1), the Secretary 

8 of Defense may acquire real property and carry out mili9 tary construction projects for the installations or locations 

10 inside the United States, and in the amounts, set forth 

11 in the following table: 

Chemical Demilitarization Program: Inside the United States 

Army Installation or Location Amount 

Army ................................... Blue Grass Army Depot, Kentucky ........ $12,000,000 

12 SEC. 2412. AUTHORIZATION OF APPROPRIATIONS, CHEM13 ICAL DEMILITARIZATION CONSTRUCTION, 

14 DEFENSE-WIDE. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal years beginning after September 30, 2008, for mili17 tary construction and land acquisition for chemical demili18 tarization in the total amount of $134,278,000, as follows: 

19 (1) For military construction projects inside the 

20 United States authorized by section 2411(a), 

21 $12,000,000. 

22 (2) For the construction of phase 10 of a muni23 tions demilitarization facility at Pueblo Chemical AcVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00709 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 tivity, Colorado, authorized by section 2401(a) of the 

2 Military Construction Authorization Act for Fiscal 

3 Year 1997 (division B of Public Law 104–201; 110 

4 Stat. 2775), as amended by section 2406 of the Mili5 tary Construction Authorization Act for Fiscal Year 

6 2000 (division B of Public Law 106–65; 113 Stat. 

7 839) and section 2407 of the Military Construction 

8 Authorization Act for Fiscal Year 2003 (division B 

9 of Public Law 107–314; 116 Stat. 2698), 

10 $65,060,000. 

11 (3) For the construction of phase 9 of a muni12 tions demilitarization facility at Blue Grass Army 

13 Depot, Kentucky, authorized by section 2401(a) of 

14 the Military Construction Authorization Act for Fis15 cal Year 2000 (division B of Public Law 106–65; 

16 113 Stat. 835), as amended by section 2405 of the 

17 Military Construction Authorization Act for Fiscal 

18 Year 2002 (division B of Public Law 107–107; 115 

19 Stat. 1298) and section 2405 of the Military Con20 struction Authorization Act for Fiscal Year 2003 

21 (division B of Public Law 107–314; 116 Stat. 

22 2698), $57,218,000. 


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1 SEC. 2413. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 1997 PROJECT. 

3 (a) MODIFICATIONS.—The table in section 2401(a) 

4 of the Military Construction Authorization Act for Fiscal 

5 Year 1997 (division B of Public Law 104–201; 110 Stat. 

6 2775), as amended by section 2406 of the Military Con7 struction Authorization Act for Fiscal Year 2000 (division 

8 B of Public Law 106–65; 113 Stat. 839) and section 2407 

9 of the Military Construction Authorization Act for Fiscal 

10 Year 2003 (division B of Public Law 107–314; 116 Stat. 

11 2699), is amended— 

12 (1) under the agency heading relating to the 

13 Chemical Demilitarization Program, in the item re14 lating to Pueblo Army Depot, Colorado, by striking 

15 ‘‘$261,000,000’’ in the amount column and inserting 

16 ‘‘$484,000,000’’; and 

17 (2) by striking the amount identified as the 

18 total in the amount column and inserting 

19 ‘‘$830,454,000’’. 

20 (b) CONFORMING AMENDMENT.—Section 2406(b)(2) 

21 of the Military Construction Authorization Act for Fiscal 

22 Year 1997 (110 Stat. 2779), as so amended, is further 

23 amended by striking ‘‘$261,000,000’’ and inserting 

24 ‘‘$484,000,000’’. 


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1 SEC. 2414. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2000 PROJECT. 

3 (a) MODIFICATIONS.—The table in section 2401(a) 

4 of the Military Construction Authorization Act for Fiscal 

5 Year 2000 (division B of Public Law 106–65; 113 Stat. 

6 835), as amended by section 2405 of the Military Con7 struction Authorization Act for Fiscal Year 2002 (division 

8 B of Public Law 107–107; 115 Stat. 1298) and section 

9 2405 of the Military Construction Authorization Act for 

10 Fiscal Year 2003 (division B of Public Law 107–314; 116 

11 Stat. 2698), is amended— 

12 (1) under the agency heading relating to Chem13 ical Demilitarization, in the item relating to Blue 

14 Grass Army Depot, Kentucky, by striking 

15 ‘‘$290,325,000’’ in the amount column and inserting 

16 ‘‘$492,000,000’’; and 

17 (2) by striking the amount identified as the 

18 total in the amount column and inserting 

19 ‘‘$949,920,000’’. 

20 (b) CONFORMING AMENDMENT.—Section 2405(b)(3) 

21 of the Military Construction Authorization Act for Fiscal 

22 Year 2000 (division B of Public Law 106–65; 113 Stat. 

23 839), as amended by section 2405 of the Military Con24 struction Authorization Act for Fiscal Year 2002 (division 

25 B of Public Law 107–107; 115 Stat. 1298) and section 

26 2405 of the Military Construction Authorization Act for 


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1 Fiscal Year 2003 (division B of Public Law 107–314; 116 

2 Stat. 2698), is further amended by striking 

3 ‘‘$267,525,000’’ and inserting ‘‘$469,200,000’’. 

4 TITLE XXV—NORTH ATLANTIC 

5 TREATY ORGANIZATION SE6 CURITY INVESTMENT PRO7 GRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

8 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

9 ACQUISITION PROJECTS. 

10 The Secretary of Defense may make contributions for 

11 the North Atlantic Treaty Organization Security Invest12 ment Program as provided in section 2806 of title 10, 

13 United States Code, in an amount not to exceed the sum 

14 of the amount authorized to be appropriated for this pur15 pose in section 2502 and the amount collected from the 

16 North Atlantic Treaty Organization as a result of con17 struction previously financed by the United States. 

18 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal years beginning after September 30, 2008, for con21 tributions by the Secretary of Defense under section 2806 

22 of title 10, United States Code, for the share of the United 

23 States of the cost of projects for the North Atlantic Treaty 


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1 Organization Security Investment Program authorized by 

2 section 2501, in the amount of $240,867,000. 

3 TITLE XXVI—GUARD AND 

4 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. Extension of authorizations of certain fiscal year 2006 projects. 

Sec. 2608. Extension of Authorization of certain fiscal year 2005 project. 

5 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON6 STRUCTION AND LAND ACQUISITION 

7 PROJECTS. 

8 Using amounts appropriated pursuant to the author9 ization of appropriations in section 2606(1)(A), the Sec10 retary of the Army may acquire real property and carry 

11 out military construction projects for the Army National 

12 Guard locations, and in the amounts, set forth in the fol13 lowing table: 

Army National Guard 

State Location Amount 

Alabama ............................. Fort McClellan ....................................... $3,000,000 

Arizona ............................... Camp Navajo ......................................... $13,000,000 

Florence ................................................. $13,800,000 

Papago Military Reservation ................. $24,000,000 

Arkansas ............................ Cabot ..................................................... $10,868,000 

Colorado ............................. Denver ................................................... $9,000,000 

Grand Junction ...................................... $9,000,000 

Connecticut ........................ Camp Rell .............................................. $28,000,000 

East Haven ............................................ $13,800,000 

Delaware ............................ New Castle ............................................. $28,000,000 

Florida ............................... Camp Blanding ...................................... $33,307,000 

Georgia............................... Dobbins Air Reserve Base ..................... $45,000,000 


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Army National Guard—Continued 

State Location Amount 

Idaho .................................. Orchard Training Area .......................... $1,850,000 

Indiana ............................... Camp Atterbury ..................................... $5,800,000 

Lawrence ................................................ $21,000,000 

Muscatatuck .......................................... $6,000,000 

Iowa.................................... Camp Dodge .......................................... $1,500,000 

Davenport .............................................. $1,550,000 

Mount Pleasant ..................................... $1,500,000 

Kentucky ............................ London ................................................... $7,191,000 

Maine ................................. Bangor ................................................... $20,000,000 

Maryland ............................ Edgewood ............................................... $28,000,000 

Salisbury ................................................ $9,800,000 

Massachusetts .................... Methuen ................................................. $21,000,000 

Michigan ............................. Camp Grayling ....................................... $4,000,000 

Minnesota........................... Arden Hills ............................................ $15,000,000 

New York ........................... Fort Drum ............................................. $11,000,000 

Queensbury ............................................ $5,900,000 

Ohio .................................... Camp Perry ........................................... $2,000,000 

Ravenna ................................................. $2,000,000 

Pennsylvania ...................... Honesdale .............................................. $6,117,000 

South Carolina ................... Anderson ................................................ $12,000,000 

Beaufort ................................................. $3,400,000 

Eastover ................................................. $28,000,000 

Hemingway ............................................ $4,600,000 

South Dakota ..................... Rapid City ............................................. $29,000,000 

Tennessee ........................... Tullahoma .............................................. $10,372,000 

Utah ................................... Camp Williams ...................................... $17,500,000 

Virginia.............................. Arlington ................................................ $15,500,000 

Fort Pickett ........................................... $2,950,000 

Washington ........................ Fort Lewis (Gray Army Airfield) .......... $32,000,000 

West Virginia ..................... Camp Dawson ........................................ $9,000,000 

1 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

2 AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606(1)(B), the Sec5 retary of the Army may acquire real property and carry 

6 out military construction projects for the Army Reserve 

7 locations, and in the amounts, set forth in the following 

8 table: 

Army Reserve 

State Location Amount 

California ............................ Fort Hunter Liggett ............................... $3,950,000 

Hawaii Fort Shafter ............................................ $19,199,000 

Idaho ................................... Hayden Lake .......................................... $9,580,000 

Kansas ................................ Dodge City .............................................. $8,100,000 

Maryland ............................. Baltimore ................................................ $11,600,000 


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Army Reserve—Continued 

State Location Amount 

Massachusetts ..................... Fort Devens ............................................ $1,900,000 

Michigan ............................. Saginaw ................................................... $11,500,000 

Missouri .............................. Weldon Springs ....................................... $11,700,000 

Nevada ................................ Las Vegas ............................................... $33,900,000 

New Jersey ......................... Fort Dix .................................................. $3,825,000 

New York ............................ Kingston .................................................. $13,494,000 

Shoreham ................................................ $15,031,000 

Staten Island ........................................... $18,550,000 

North Carolina .................... Raleigh .................................................... $25,581,000 

Pennsylvania ....................... Letterkenny Army Depot ........................ $14,914,000 

Tennessee ............................ Chattanooga ............................................ $10,600,000 

Texas .................................. Sinton ...................................................... $9,700,000 

Washington ......................... Seattle ..................................................... $37,500,000 

Wisconsin ............................ Fort McCoy ............................................. $4,000,000 

1 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

2 CORPS RESERVE CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2606(2), the Secretary 

6 of the Navy may acquire real property and carry out mili7 tary construction projects for the Navy Reserve and Ma8 rine Corps Reserve locations, and in the amounts, set forth 

9 in the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

California ........................... Lemoore ................................................. $15,420,000 

Delaware ............................ Wilmington ............................................ $11,530,000 

Georgia............................... Marietta................................................. $7,560,000 

Virginia.............................. Norfolk ................................................... $8,170,000 

Williamsburg .......................................... $12,320,000 

10 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC11 TION AND LAND ACQUISITION PROJECTS. 

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1 retary of the Air Force may acquire real property and 

2 carry out military construction projects for the Air Na3 tional Guard locations, and in the amounts, set forth in 

4 the following table: 

Air National Guard 

State Location Amount 

Arkansas ............................ Little Rock Air Force Base ................... $4,000,000 

Connecticut ........................ Bradley International Airport ............... $7,200,000 

Delaware ............................ New Castle County Airport ................... $3,200,000 

Georgia ............................... Savannah Combat Readiness Training 

Center.

$7,500,000 

Indiana ............................... Fort Wayne International Airport ......... $5,600,000 

Iowa.................................... Fort Dodge ............................................ $5,600,000 

Maryland ............................ Martin State Airport ............................. $7,900,000 

Minnesota........................... Duluth .................................................... $4,500,000 

Minneapolis-St. Paul ............................. $1,500,000 

New Jersey ......................... Atlantic City International Airport ....... $8,400,000 

New York ........................... Gabreski Airport .................................... $7,500,000 

Hancock Field ....................................... $10,400,000 

Ohio .................................... Springfield Air National Guard Base .... $12,800,000 

South Dakota ..................... Joe Foss Field ....................................... $4,500,000 

Texas .................................. Ellington Field ....................................... $7,600,000 

Fort Worth Naval Air Station Joint Reserve Base.$5,000,000 

Vermont ............................. Burlington International Airport .......... $6,600,000 

Washington ........................ McChord Air Force Base ....................... $8,600,000 

Wyoming ............................ Cheyenne Municipal Airport .................. $7,000,000 

5 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC6 TION AND LAND ACQUISITION PROJECTS. 

7 Using amounts appropriated pursuant to the author8 ization of appropriations in section 2606(3)(B), the Sec9 retary of the Air Force may acquire real property and 

10 carry out military construction projects for the Air Force 

11 Reserve locations, and in the amounts, set forth in the 

12 following table: 

Air Force Reserve 

State Location Amount 

Oklahoma ............................ Tinker Air Force Base ............................ $9,900,000 

New York ............................ Niagara Falls Air Reserve Station ......... $9,000,000 


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1 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA2 TIONAL GUARD AND RESERVE. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal years beginning after September 30, 2008, for the 

5 costs of acquisition, architectural and engineering services, 

6 and construction of facilities for the Guard and Reserve 

7 Forces, and for contributions therefor, under chapter 

8 1803 of title 10, United States Code (including the cost 

9 of acquisition of land for those facilities), in the following 

10 amounts: 

11 (1) For the Department of the Army— 

12 (A) for the Army National Guard of the 

13 United States, $628,668,000; and 

14 (B) for the Army Reserve, $282,607,000. 

15 (2) For the Department of the Navy, for the 

16 Navy and Marine Corps Reserve, $57,045,000. 

17 (3) For the Department of the Air Force— 

18 (A) for the Air National Guard of the 

19 United States, $142,809,000; and 

20 (B) for the Air Force Reserve, 

21 $30,018,000. 

22 SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

23 FISCAL YEAR 2006 PROJECTS. 

24 (a) EXTENSION.—Notwithstanding section 2701 of 

25 the Military Construction Authorization Act for Fiscal 

26 Year 2006 (division B of Public Law 109–163; 119 Stat. 


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1 3501), the authorizations set forth in the table in sub2 section (b), as provided in section 2601 of that Act, shall 

3 remain in effect until October 1, 2009, or the date of the 

4 enactment of an Act authorizing funds for military con5 struction for fiscal year 2010, whichever is later. 

6 (b) TABLE.—The table referred to in subsection (a) 

7 is as follows: 

Army National Guard: Extension of 2006 Project Authorizations 

State Installation or Location Project Amount 

California ................... Camp Roberts ........... Urban Assault 

Course.

$1,485,000 

Idaho .......................... Gowen Field ............. Railhead, Phase 1 .... $8,331,000 

Mississippi .................. Biloxi ........................ Readiness Center ...... $16,987,000 

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

Range.

$2,970,000 

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

Range.

$2,532,000 

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

Combat Team 

Readiness Center.

$11,806,000 

Organizational Maintenance Shop #7.$6,144,930 

8 SEC. 2608. EXTENSION OF AUTHORIZATION OF CERTAIN 

9 FISCAL YEAR 2005 PROJECT. 

10 (a) EXTENSION.—Notwithstanding section 2701 of 

11 the Military Construction Authorization Act for Fiscal 

12 Year 2005 (division B of Public Law 108–375; 118 Stat. 

13 2116), the authorization set forth in the table in sub14 section (b), as provided in section 2601 of that Act, shall 

15 remain in effect until October 1, 2009, or the date of the 

16 enactment of an Act authorizing funds for military con17 struction for fiscal year 2010, whichever is later. 


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1 (b) TABLE.—The table referred to in subsection (a) 

2 is as follows: 

Army National Guard: Extension of 2005 Project Authorization 

State Installation or Location Project Amount 

California ................... Dublin ....................... Readiness Center, 

Add/Alt (ADRS).

$11,318,000 

3 TITLE XXVII—BASE CLOSURE 

4 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. Repeal of commission approach for development of recommendations 

in any future round of base closures and realignments. 

Sec. 2712. Modification of annual base closure and realignment reporting requirements. 

Sec. 2713. 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. Conditions on closure of Walter Reed Army Medical Hospital and 

relocation of operations to National Naval Medical Center and 

Fort Belvoir. 

Sec. 2722. Report on use of BRAC properties as sites for refineries or nuclear 

power plants. 


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1 Subtitle A—Authorizations 

2 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

3 BASE CLOSURE AND REALIGNMENT ACTIVI4 TIES FUNDED THROUGH DEPARTMENT OF 

5 DEFENSE BASE CLOSURE ACCOUNT 1990. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal years beginning after September 30, 2008, for base 

8 closure and realignment activities, including real property 

9 acquisition and military construction projects, as author10 ized by the Defense Base Closure and Realignment Act 

11 of 1990 (part A of title XXIX of Public Law 101–510; 

12 10 U.S.C. 2687 note) and funded through the Department 

13 of Defense Base Closure Account 1990 established by sec14 tion 2906 of such Act, in the total amount of 

15 $393,377,000, as follows: 

16 (1) For the Department of the Army, 

17 $72,855,000. 

18 (2) For the Department of the Navy, 

19 $178,700,000 

20 (3) For the Department of the Air Force, 

21 $139,155,000. 

22 (4) For the Defense Agencies, $2,667,000. 


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1 SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGN2 MENT ACTIVITIES FUNDED THROUGH DE3 PARTMENT OF DEFENSE BASE CLOSURE AC4 COUNT 2005. 

5 Using amounts appropriated pursuant to the author6 ization of appropriations in section 2703, the Secretary 

7 of Defense may carry out base closure and realignment 

8 activities, including real property acquisition and military 

9 construction projects, as authorized by the Defense Base 

10 Closure and Realignment Act of 1990 (part A of title 

11 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 

12 funded through the Department of Defense Base Closure 

13 Account 2005 established by section 2906A of such Act, 

14 in the amount of $7,138,021,000. 

15 SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR 

16 BASE CLOSURE AND REALIGNMENT ACTIVI17 TIES FUNDED THROUGH DEPARTMENT OF 

18 DEFENSE BASE CLOSURE ACCOUNT 2005. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal years beginning after September 30, 2008, for base 

21 closure and realignment activities, including real property 

22 acquisition and military construction projects, as author23 ized by the Defense Base Closure and Realignment Act 

24 of 1990 (part A of title XXIX of Public Law 101–510; 

25 10 U.S.C. 2687 note) and funded through the Department 

26 of Defense Base Closure Account 2005 established by secVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00722 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 tion 2906A of such Act, in the total amount of 

2 $9,065,386,000, as follows: 

3 (1) For the Department of the Army, 

4 $4,486,178,000. 

5 (2) For the Department of the Navy, 

6 $871,492,000. 

7 (3) For the Department of the Air Force, 

8 $1,072,925,000. 

9 (4) For the Defense Agencies, $2,634,791,000. 

10 Subtitle B—Amendments to Base 

11 Closure and Related Laws 

12 SEC. 2711. REPEAL OF COMMISSION APPROACH FOR DE13 VELOPMENT OF RECOMMENDATIONS IN ANY 

14 FUTURE ROUND OF BASE CLOSURES AND RE15 ALIGNMENTS. 

16 (a) REPEAL OF PROVISIONS RELATED TO DEFENSE

17 BASE CLOSURE AND REALIGNMENT COMMISSION.—Sec18 tions 2902, 2903(d), 2912(d), and 2914 of the Defense 

19 Base Closure and Realignment Act of 1990 (part A of title 

20 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) are 

21 repealed. 

22 (b) CONFORMING AMENDMENTS.—Section 2903 of 

23 the Defense Base Closure and Realignment Act of 1990 

24 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

25 2687 note) is amended— 


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1 (1) in subsection (c)— 

2 (A) in paragraph (1), by striking ‘‘and to 

3 the Commission’’; 

4 (B) in paragraph (2), by striking ‘‘and the 

5 Commission’’; 

6 (C) in paragraph (3)(C), by striking ‘‘the 

7 Commission and’’; 

8 (D) in paragraph (5)(A), by striking ‘‘or 

9 the Commission’’; and 

10 (E) by striking paragraph (6); and 

11 (2) in subsection (e)— 

12 (A) in paragraph (1), by striking ‘‘the 

13 Commission makes recommendations under 

14 subsection (d), transmit to the Commission and 

15 to the Congress a report containing the Presi16 dent’s approval or disapproval of the Commis17 sions’’ and inserting ‘‘the Secretary makes rec18 ommendations under subsection (c), transmit to 

19 the Congress a report containing the Presi20 dent’s approval or disapproval of the Sec21 retary’s’’; 

22 (B) in paragraphs (2), (4), and (5) and 

23 the second sentence of paragraph (3), by strik24 ing ‘‘the Commission’’ each place it appears 

25 and inserting ‘‘the Secretary’’; 


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1 (C) in the first sentence of paragraph (3), 

2 by striking ‘‘the Commission, in whole or in 

3 part, the President shall transmit to the Com4 mission and’’ and inserting ‘‘the Secretary, in 

5 whole or in part, the President shall transmit to 

6 the’’. 

7 (c) EFFECT OF REPEAL.—The amendments made by 

8 this section do not affect the validity of the recommenda9 tions submitted by the Defense Base Closure and Realign10 ment Commission in the 2005 or earlier rounds of closures 

11 and realignments of military installations. 

12 SEC. 2712. MODIFICATION OF ANNUAL BASE CLOSURE AND 

13 REALIGNMENT REPORTING REQUIREMENTS. 

14 (a) TERMINATION OF REPORTING REQUIREMENTS

15 AFTER FISCAL YEAR 2014.—Section 2907 of the Defense 

16 Base Closure and Realignment Act of 1990 (part A of title 

17 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is 

18 amended— 

19 (1) by striking ‘‘As part of the budget request 

20 for fiscal year 2007 and for each fiscal year there21 after’’ and inserting ‘‘(a) REPORTING REQUIRE22 MENT.—As part of the budget request for fiscal year 

23 2007 and for each fiscal year thereafter through fis24 cal year 2016’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(b) TERMINATION OF REPORTING REQUIREMENTS

4 RELATED TO REALIGNMENT ACTIONS.—The reporting re5 quirements under subsection (a) shall terminate with re6 spect to realignment actions after the report submitted 

7 with the budget for fiscal year 2014.’’. 

8 (b) EXCLUSION OF DESCRIPTIONS OF REALIGNMENT

9 ACTIONS.—Subsection (a) of such section, as designated 

10 and amended by subsection (a)(1) of this section, is fur11 ther amended— 

12 (1) in paragraph (1), by striking ‘‘and realign13 ment’’ both places it appears; 

14 (2) in paragraph (2), by striking ‘‘and realign15 ments’’; and 

16 (3) in paragraphs (3), (4), (5), (6), and (7), by 

17 striking ‘‘or realignment’’ each place it appears. 

18 SEC. 2713. TECHNICAL CORRECTIONS REGARDING AU19 THORIZED COST AND SCOPE OF WORK VARI20 ATIONS FOR MILITARY CONSTRUCTION AND 

21 MILITARY FAMILY HOUSING PROJECTS RE22 LATED TO BASE CLOSURES AND REALIGN23 MENTS. 

24 (a) CORRECTION OF CITATION IN AMENDATORY

25 LANGUAGE.— 


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1 (1) IN GENERAL.—Section 2704(a) of the Mili2 tary Construction Authorization Act for Fiscal Year 

3 2008 (division B of Public Law 110–181; 122 Stat. 

4 532) is amended— 

5 (B) in subsection (a), by striking ‘‘Section 

6 2905A’’ and inserting ‘‘Section 2906A’’; and 

7 (C) in subsection (b), by striking ‘‘section 

8 2905A’’ and inserting ‘‘section 2906A’’. 

9 (2) EFFECTIVE DATE.—The amendments made 

10 by paragraph (1) shall take effect on January 28, 

11 2008, as if included in the enactment of section 

12 2704 of the Military Construction Authorization Act 

13 for Fiscal Year 2008. 

14 (b) CORRECTION OF SCOPE OR WORK VARIATION

15 LIMITATION.—Subsection (f) of section 2906A of the De16 fense Base Closure and Realignment Act of 1990 (part 

17 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

18 note), as added by section 2704(a) of the Military Con19 struction Authorization Act for Fiscal Year 2008 (division 

20 B of Public Law 110–181; 122 Stat. 532) and amended 

21 by subsection (a), is amended by striking ‘‘20 percent or 

22 $2,000,000, whichever is greater’’ and inserting ‘‘20 per23 cent or $2,000,000, whichever is less’’. 


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1 Subtitle C—Other Matters 

2 SEC. 2721. CONDITIONS ON CLOSURE OF WALTER REED 

3 ARMY MEDICAL HOSPITAL AND RELOCATION 

4 OF OPERATIONS TO NATIONAL NAVAL MED5 ICAL CENTER AND FORT BELVOIR. 

6 (a) REQUIRED CERTIFICATION.—The Secretary of 

7 Defense may not commence the closure of Walter Reed 

8 Army Medical Hospital or continue with the construction 

9 at the National Naval Medical Center in Bethesda, Mary10 land, and Fort Belvoir, Virginia, of replacement facilities 

11 beyond the construction necessary to complete the founda12 tions of the replacement facilities until— 

13 (1) the Secretary certifies to the congressional 

14 defense committees that each of the conditions im15 posed by this section has been satisfied; and 

16 (2) a period of 7 days has expired following the 

17 date on which the certification is received by the 

18 committees. 

19 (b) PROGRESS ON DESIGN FOR REPLACEMENT FA20 CILITIES.— 

21 (1) PREPARATION.—The Secretary of Defense 

22 shall replace the conceptual design prepared for the 

23 new National Military Medical Center at the Na24 tional Naval Medical Center with a design for the fa25 cility that is certified as at least 90 percent complete 


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1 by an engineer or architect registered in the State 

2 of Maryland. 

3 (2) COLLABORATIVE DESIGN PROCESS.—The 

4 Secretary of Defense may not delegate the responsi5 bility for the preparation of the design for the Na6 tional Military Medical Center to the prime con7 tractor selected for construction of the facility. The 

8 design for the National Military Medical Center shall 

9 be prepared through a collaborative process involv10 ing— 

11 (A) personnel of the Department of De12 fense; 

13 (B) representatives of premier health care 

14 facilities in the United States; and 

15 (C) current and former patients of the 

16 military medical system. 

17 (c) INDEPENDENT COST ESTIMATE.— 

18 (1) PREPARATION.—The Cost Analysis Im19 provement Group of the Department of Defense 

20 shall prepare an independent cost estimate of the 

21 total cost to be incurred by the United States to 

22 close Walter Reed Army Medical Hospital, design 

23 and construct replacement facilities at the National 

24 Naval Medical Center and Fort Belvoir, and relocate 

25 operations to the replacement facilities. In preparing 


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1 the cost estimate, the Cost Analysis Improvement 

2 Group shall not consider the possibility of private 

3 funds being obtained to construct the proposed trau4 matic brain injury treatment facility at the National 

5 Naval Medical Center. 

6 (2) SUBMISSION.—The Secretary of Defense 

7 shall submit the resulting cost estimate to the con8 gressional defense committees as soon as possible 

9 after the date of the enactment of this Act, but in 

10 no case later than the date on which the Secretary 

11 makes the certification under subsection (a) with re12 gard to compliance with this subsection. 

13 (d) MILESTONE SCHEDULE.— 

14 (1) PREPARATION.—The Secretary of Defense 

15 shall prepare a complete milestone schedule for the 

16 closure of Walter Reed Army Medical Hospital, the 

17 design and construction of replacement facilities at 

18 the National Naval Medical Center and Fort Belvoir, 

19 and the relocation of operations to the replacement 

20 facilities. The schedule shall include a detailed plan 

21 regarding how the Department of Defense will carry 

22 out the transition of operations between Walter Reed 

23 Army Medical Hospital and the replacement facili24 ties. 


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1 (2) SUBMISSION.—The Secretary of Defense 

2 shall submit the resulting milestone schedule and 

3 transition plan to the congressional defense commit4 tees as soon as possible after the date of the enact5 ment of this Act, but in no case later than the date 

6 on which the Secretary makes the certification under 

7 subsection (a) with regard to compliance with this 

8 subsection. 

9 SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES 

10 FOR REFINERIES OR NUCLEAR POWER 

11 PLANTS. 

12 Not later than October 1, 2009, the Secretary of De13 fense shall submit to the congressional defense committees 

14 a report evaluating the feasibility of using military instal15 lations selected for closure under the base closure and re16 alignment process as locations for the construction of pe17 troleum or natural gas refineries or nuclear power plants. 

18 TITLE XXVIII—MILITARY CON19 STRUCTION GENERAL PROVI20 SIONS 

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. Extension of authority to use operation and maintenance funds for 

construction projects outside the United States. 

Sec. 2803. Revision of maximum lease amount applicable to certain domestic 

Army family housing leases to reflect previously made annual 

adjustments in amount. 

Sec. 2804. Use of military family housing constructed under build and lease authority to house members without dependents. 


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Sec. 2805. Lease of military family housing to the Secretary of Defense for use 

as residence. 

Sec. 2806. Repeal of reporting requirement in connection with installation vulnerability assessments. 

Sec. 2807. Modification of alternative authority for acquisition and improvement of military housing. 

Sec. 2808. Report on capturing housing privatization best practices. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Clarification of exceptions to 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. Permanent authority to purchase municipal services for military installations in the United States. 

Sec. 2815. Defense access roads. 

Sec. 2816. Protecting private property rights during Department of Defense 

land acquisitions. 

Subtitle C—Provisions Related to Guam Realignment 

Sec. 2821. Guam Defense Policy Review Initiative Account. 

Sec. 2822. Sense of Congress regarding use of Special Purpose Entities for 

military housing related to Guam realignment. 

Sec. 2823. Sense of Congress regarding Federal assistance to Guam. 

Sec. 2824. Comptroller General report regarding interagency requirements related to Guam realignment. 

Sec. 2825. Energy and environmental design initiatives in Guam military construction and installations. 

Sec. 2826. Department of Defense Inspector General report regarding Guam 

realignment. 

Sec. 2827. Eligibility of the Commonwealth of the Northern Mariana Islands 

for military base reuse studies and community planning assistance. 

Sec. 2828. Prevailing wage applicable to Guam. 

Sec. 2829. Port of Guam Improvement Enterprise Program. 

Subtitle D—Energy Security 

Sec. 2841. Certification of enhanced use leases for energy-related projects. 

Sec. 2842. Annual report on Department of Defense installations energy management. 

Subtitle E—Land Conveyances 

Sec. 2851. Land conveyance, former Naval Air Station, Alameda, California. 

Sec. 2852. Land conveyance, Norwalk Defense Fuel Supply Point, Norwalk, 

California. 

Sec. 2853. Land conveyance, former Naval Station, Treasure Island, California. 

Sec. 2854. Condition on lease involving Naval Air Station, Barbers Point, Hawaii. 

Sec. 2855. Land conveyance, Sergeant First Class M.L. Downs Army Reserve 

Center, Springfield, Ohio. 

Sec. 2856. Land conveyance, John Sevier Range, Knox County, Tennessee. 


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Sec. 2857. Land conveyance, Bureau of Land Management land, Camp Williams, Utah. 

Sec. 2858. Land conveyance, Army property, Camp Williams, Utah. 

Sec. 2859. Extension of Potomac Heritage National Scenic Trail through Fort 

Belvoir, Virginia. 

Sec. 2860. Transfer of administrative jurisdiction, decommissioned Naval Security Group Activity, Skaggs Island, California. 

Subtitle F—Other Matters 

Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to Arlington 

National Cemetery. 

Sec. 2872. Decontamination and use of former bombardment area on island of 

Culebra. 

Sec. 2873. Acceptance and use of gifts for construction of additional building 

at National Museum of the United States Air Force, WrightPatterson Air Force Base. 

Sec. 2874. Establishment of memorial to American Rangers at Fort Belvoir, 

Virginia. 

Sec. 2875. Lease involving pier on Ford Island, Pearl Harbor Naval Base, Hawaii. 

Sec. 2876. Naming of health facility, Fort Rucker, Alabama. 

1 Subtitle A—Military Construction 

2 Program and Military Family 

3 Housing Changes 

4 SEC. 2801. INCORPORATION OF PRINCIPLES OF SUSTAIN5 ABLE DESIGN IN DOCUMENTS SUBMITTED AS 

6 PART OF PROPOSED MILITARY CONSTRUC7 TION PROJECTS. 

8 (a) DEFINITION OF LIFE-CYCLE COST-EFFEC9 TIVE.—Subsection (c) of section 2801 of title 10, United 

10 States Code, is amended— 

11 (1) by transferring paragraph (4) to appear as 

12 the first paragraph in the subsection and redesig13 nating such paragraph as paragraph (1); 


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1 (2) by redesignating the subsequent three para2 graphs as paragraphs (2), (4), and (5), respectively; 

3 and 

4 (3) by inserting after paragraph (2), as so re5 designated, the following new paragraph: 

6 ‘‘(3) The term ‘life-cycle cost-effective’, with re7 spect to a project, product, or measure, means that 

8 the sum of the present values of investment costs, 

9 capital costs, installation costs, energy costs, oper10 ating costs, maintenance costs, and replacement 

11 costs, as estimated for the lifetime of the project, 

12 product, or measure, does not exceed the base case 

13 (current or standard) for the practice, product, or 

14 measure.’’. 

15 (b) INCLUSION.—Section 2802 of such title is amend16 ed by adding at the end the following new subsection: 

17 ‘‘(c) In determining the scope of a proposed military 

18 construction project, the Secretary concerned shall submit 

19 to the President such recommendations as the Secretary 

20 considers to be appropriate regarding the incorporation 

21 and inclusion of life-cycle cost-effective practices as an ele22 ment in the project documents submitted to Congress in 

23 connection with the budget submitted pursuant to section 

24 1105 of title 31 for the fiscal year in which a contract 

25 is proposed to be awarded for the project.’’. 


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1 SEC. 2802. EXTENSION OF AUTHORITY TO USE OPERATION 

2 AND MAINTENANCE FUNDS FOR CONSTRUC3 TION PROJECTS OUTSIDE THE UNITED 

4 STATES. 

5 Section 2808(a) of the Military Construction Author6 ization Act for Fiscal Year 2004 (division B of Public Law 

7 108–136; 117 Stat. 1723), as amended by section 2810 

8 of the Military Construction Authorization Act for Fiscal 

9 Year 2005 (division B of Public Law 108–375; 118 Stat. 

10 2128), section 2809 of the Military Construction Author11 ization Act for Fiscal Year 2006 (division B of Public Law 

12 109–163; 119 Stat. 3508), section 2802 of the Military 

13 Construction Authorization Act for Fiscal Year 2007 (di14 vision B of Public Law 109–364; 120 Stat. 2466), and 

15 section 2801(a) of the Military Construction Authorization 

16 Act for Fiscal Year 2008 (division B of Public Law 110– 

17 181; 122 Stat. 538), is further amended by striking 

18 ‘‘2008’’ and inserting ‘‘2009’’. 

19 SEC. 2803. REVISION OF MAXIMUM LEASE AMOUNT APPLI20 CABLE TO CERTAIN DOMESTIC ARMY FAMILY 

21 HOUSING LEASES TO REFLECT PREVIOUSLY 

22 MADE ANNUAL ADJUSTMENTS IN AMOUNT. 

23 Section 2828(b)(7)(A) of title 10, United States 

24 Code, is amended by striking ‘‘$18,620 per unit’’ and in25 serting ‘‘$35,000 per unit’’. 


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1 SEC. 2804. USE OF MILITARY FAMILY HOUSING CON2 STRUCTED UNDER BUILD AND LEASE AU3 THORITY TO HOUSE MEMBERS WITHOUT DE4 PENDENTS. 

5 (a) IN GENERAL.—Subchapter II of chapter 169 of 

6 title 10, United States Code, is amended by inserting after 

7 section 2835 the following new section: 

8 ‘‘§ 2835a. Use of military family housing constructed 

9 under build and lease authority to house 

10 other members 

11 ‘‘(a) INDIVIDUAL ASSIGNMENT OF MEMBERS WITH12 OUT DEPENDENTS.—(1) To the extent that the Secretary 

13 concerned determines that military family housing con14 structed and leased under section 2835 of this title is not 

15 needed to house members of the armed forces eligible for 

16 assignment to military family housing, the Secretary may 

17 assign, without rental charge, members without depend18 ents to the housing. 

19 ‘‘(2) A member without dependents who is assigned 

20 to housing pursuant to paragraph (1) shall be considered 

21 to be assigned to quarters pursuant to section 403(e) of 

22 title 37. 

23 ‘‘(b) CONVERSION TO LONG-TERM LEASING OF MILI24 TARY UNACCOMPANIED HOUSING.—(1) If the Secretary 

25 concerned determines that military family housing con26 structed and leased under section 2835 of this title is exVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00736 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 cess to the long-term needs of the family housing program 

2 of the Secretary, the Secretary may convert the lease con3 tract entered into under subsection (a) of such section into 

4 a long-term lease of military unaccompanied housing. 

5 ‘‘(2) The term of the lease contract for military unac6 companied housing converted from military family housing 

7 under paragraph (1) may not exceed the remaining term 

8 of the lease contract for the family housing so converted. 

9 ‘‘(c) NOTICE AND WAIT REQUIREMENTS.—(1) The 

10 Secretary concerned may not convert military family hous11 ing to military unaccompanied housing under subsection 

12 (b) until— 

13 ‘‘(A) the Secretary submits to the congressional 

14 defense committees a notice of the intent to under15 take the conversion; and 

16 ‘‘(B) a period of 21 days has expired following 

17 the date on which the notice is received by the com18 mittees or, if earlier, a period of 14 days has expired 

19 following the date on which a copy of the notice is 

20 provided in an electronic medium pursuant to sec21 tion 480 of this title. 

22 ‘‘(2) The notice required by paragraph (1) shall in23 clude— 


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1 ‘‘(A) an explanation of the reasons for the con2 version of the military family housing to military un3 accompanied housing; 

4 ‘‘(B) a description of the long-term lease to be 

5 converted; 

6 ‘‘(C) amounts to be paid under the lease; and 

7 ‘‘(D) the expiration date of the lease. 

8 ‘‘(d) APPLICATION TO HOUSING LEASED UNDER

9 FORMER AUTHORITY.—This section also shall apply to 

10 housing initially acquired or constructed under the former 

11 section 2828(g) of this title (commonly known as the 

12 ‘Build to Lease program’), as added by section 801 of the 

13 Military Construction Authorization Act, 1984 (Public 

14 Law 98–115; 97 Stat 782).’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such subchapter is amended by insert17 ing after the item relating to section 2835 the following 

18 new item: 

‘‘2835a. Use of military family housing constructed under build and lease authority to house other members.’’. 

19 SEC. 2805. LEASE OF MILITARY FAMILY HOUSING TO THE 

20 SECRETARY OF DEFENSE FOR USE AS RESI21 DENCE. 

22 (a) LEASE OF HOUSING AUTHORIZED .—Subchapter 

23 II of chapter 169 of title 10, United States Code, is 

24 amended by adding at the end the following new section: 


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1 ‘‘§ 2838. Lease of military family housing to the Sec2 retary of Defense for use as residence 

3 ‘‘(a) LEASE AUTHORIZED.—The Secretary of a mili4 tary department may lease military family housing in the 

5 National Capital Region (as such term is defined in sec6 tion 2674 of this title) to the person serving as the Sec7 retary of Defense for the purpose of permitting the person 

8 to use the housing as a personal residence while the person 

9 is serving as Secretary of Defense. In determining the unit 

10 of military family housing to lease under this section, the 

11 Secretary of Defense and the Secretaries of the military 

12 departments should first consider any units then available 

13 that are already substantially equipped for executive com14 munications and security. 

15 ‘‘(b) RENTAL RATE.—A lease under subsection (a) 

16 of a unit of military family housing shall provide for the 

17 payment by the person serving as the Secretary of Defense 

18 of consideration in an amount equal to the higher of the 

19 following: 

20 ‘‘(1) 105 percent of the monthly rate for the 

21 basic allowance for housing prescribed under section 

22 403(b) of title 37 for a member of the armed forces 

23 in the pay grade of 0–10, with dependents, assigned 

24 to duty at the military installation on which the 

25 housing unit is located. 


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1 ‘‘(2) The assessed fair market value of the 

2 housing unit, offset by the security and infrastruc3 ture savings associated with housing the lessee on a 

4 military installation. 

5 ‘‘(c) TREATMENT OF PROCEEDS.—(1) The Secretary 

6 of a military department shall deposit all money rentals 

7 received pursuant to a lease entered into by that Secretary 

8 under this section into a special account in the Treasury 

9 established for such military department. 

10 ‘‘(2) The proceeds deposited into a special account 

11 of a military department pursuant to paragraph (1) shall 

12 be available to the Secretary of that military department, 

13 in such amounts as are provided in advance in appropria14 tion Acts, for maintenance, protection, alteration, repair, 

15 improvement, or restoration of military housing on the in16 stallation at which the housing leased pursuant to sub17 section (a) is located.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of such subchapter is amended by adding 

20 at the end the following new item: 

‘‘2838. Lease of military family housing to the Secretary of Defense for use as 

residence.’’. 


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1 SEC. 2806. REPEAL OF REPORTING REQUIREMENT IN CON2 NECTION WITH INSTALLATION VULNER3 ABILITY ASSESSMENTS. 

4 Section 2859 of title 10, United States Code, is 

5 amended— 

6 (1) by striking subsection (c); and 

7 (2) by redesignating subsection (d) as sub8 section (c). 

9 SEC. 2807. MODIFICATION OF ALTERNATIVE AUTHORITY 

10 FOR ACQUISITION AND IMPROVEMENT OF 

11 MILITARY HOUSING. 

12 (a) PARTNERSHIP WITH ELIGIBLE ENTITY RE13 QUIRED.—Section 2871(5) of title 10, United States 

14 Code, is amended by inserting before the period at the 

15 end the following: ‘‘that is prepared to enter into a con16 tract as a partner with the Secretary concerned for the 

17 construction of military housing units and ancillary sup18 porting facilities’’. 

19 (b) BONDING REQUIREMENTS FOR ELIGIBLE ENTI20 TIES.—Section 2872 of such title is amended— 

21 (1) by inserting ‘‘(a) AVAILABILITY OF ALTER22 NATIVE AUTHORITIES.—’’ before ‘‘In addition’’; and 

23 (2) by adding at the end the following new sub24 section: 

25 ‘‘(b) BONDING REQUIREMENTS FOR ELIGIBLE ENTI26 TIES.—The Secretary concerned shall ensure that an eligiVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00741 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 ble entity that will acquire or construct housing units or 

2 ancillary supporting facilities under this subchapter is 

3 fully bonded for the construction of the units or facilities 

4 by obtaining payment and performance bonds in an 

5 amount not less than 100 percent of the maximum price 

6 allowable under the contract for the overall project.’’. 

7 (c) COMPETITIVE PROCESS FOR CONVEYANCE OR

8 LEASE OF PROPERTY.—Section 2878 of such title is 

9 amended— 

10 (1) by redesignating subsections (c) and (d) as 

11 subsections (d) and (e); respectively; and 

12 (2) by inserting after subsection (b) the fol13 lowing new subsection: 

14 ‘‘(c) COMPETITIVE PROCESS.—The Secretary con15 cerned shall ensure that the time, method, and terms and 

16 conditions of the conveyance or lease of property or facili17 ties under this section permit full and free competition 

18 consistent with the value and nature of the property or 

19 facilities involved.’’. 

20 (d) TREATMENT OF ACQUIRED OR CONSTRUCTED

21 HOUSING UNITS.— 

22 (1) REPEAL OF SEPARATE ASSIGNMENT AU23 THORITY.—Section 2882 of such title is amended to 

24 read as follows: 


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1 ‘‘§ 2882. Effect of assignment of members to housing 

2 units acquired or constructed under al3 ternative authority 

4 ‘‘(a) TREATMENT AS QUARTERS OF THE UNITED

5 STATES.—Except as provided in subsection (b), housing 

6 units acquired or constructed under this subchapter shall 

7 be considered as quarters of the United States or a hous8 ing facility under the jurisdiction of a uniformed service 

9 for purposes of section 403 of title 37. 

10 ‘‘(b) AVAILABILITY OF BASIC ALLOWANCE FOR

11 HOUSING.—A member of the armed forces who is as12 signed to a housing unit acquired or constructed under 

13 this subchapter that is not owned or leased by the United 

14 States shall be entitled to a basic allowance for housing 

15 under section 403 of title 37. 

16 ‘‘(c) LEASE PAYMENTS THROUGH PAY ALLOT17 MENTS.—The Secretary concerned may require members 

18 of the armed forces who lease housing in housing units 

19 acquired or constructed under this subchapter to make 

20 lease payments for such housing pursuant to allotments 

21 of the pay of such members under section 701 of title 

22 37.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of subchapter IV of chapter 

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1 lating to section 2882 and inserting the following 

2 new item: 

‘‘2882. Effect of assignment of members to housing units acquired or constructed under alternative authority.’’. 

3 (e) ANNUAL REPORT ON MAINTENANCE AND REPAIR

4 TO PRIVATIZED GENERAL AND FLAG OFFICER QUAR5 TERS.—Section 2884(b) of such title is amended by add6 ing at the end the following new paragraph: 

7 ‘‘(7) A report identifying each family housing 

8 unit acquired or constructed under this subchapter 

9 that is used, or intended to be used, as quarters for 

10 a general officer or flag officer and for which the 

11 total operation, maintenance, and repair costs for 

12 the unit exceeded $35,000. For each housing unit so 

13 identified, the report shall also include the total of 

14 such operation, maintenance, and repair costs.’’. 

15 SEC. 2808. REPORT ON CAPTURING HOUSING PRIVATIZA16 TION BEST PRACTICES. 

17 Section 2884(b) of title 10, United States Code, is 

18 amended by adding at the end the following new para19 graph: 

20 ‘‘(7) A separate report on best practices for the 

21 execution of housing privatization initiatives, cov22 ering the full range of issues that arise throughout 

23 the life of the project, from the identification of re24 quirements, through construction, to sustainment of 


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1 the public private venture following conclusion of the 

2 contract. Issues covered by this reporting require3 ment include project oversight requirements, com4 munity, subcontractor, bond holder, and project 

5 owner relations, and such other topics that are iden6 tified as pertinent by the Department of Defense.’’. 

7 Subtitle B—Real Property and 

8 Facilities Administration 

9 SEC. 2811. CLARIFICATION OF EXCEPTIONS TO CONGRES10 SIONAL REPORTING REQUIREMENTS FOR 

11 CERTAIN REAL PROPERTY TRANSACTIONS. 

12 Section 2662(c) of title 10, United States Code, is 

13 amended— 

14 (1) by striking ‘‘river and harbor projects or 

15 flood control projects’’ and inserting ‘‘Army civil 

16 works water resource development projects’’; and 

17 (2) by striking ‘‘acquisition specifically author18 ized in a Military Construction Authorization Act’’ 

19 and inserting ‘‘transaction specifically authorized in 

20 a Military Construction Authorization Act or other 

21 Act authorizing or directing activities of the Depart22 ment of Defense’’. 


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1 SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY 

2 OF MILITARY DEPARTMENTS AND DEFENSE 

3 AGENCIES. 

4 (a) CONSOLIDATION OF SEPARATE AUTHORITIES.— 

5 (1) ESTABLISHMENT OF SINGLE AUTHORITY.— 

6 Subsection (a) of section 2667 of title 10, United 

7 States Code, is amended to read as follows: 

8 ‘‘(a) LEASE AUTHORITY.—Whenever the Secretary 

9 concerned considers it advantageous to the United States, 

10 the Secretary concerned may lease to such lessee and upon 

11 such terms as the Secretary concerned considers will pro12 mote the national defense or to be in the public interest, 

13 real or personal property that— 

14 ‘‘(1) is under the control of the Secretary con15 cerned; 

16 ‘‘(2) is not for the time needed for public use; 

17 and 

18 ‘‘(3) is not excess property, as defined by sec19 tion 102 of title 40.’’. 

20 (2) SECRETARY CONCERNED DEFINED.—Sub21 section (i) of such section is amended by adding at 

22 the end the following new paragraph: 

23 ‘‘(4) The term ‘Secretary concerned’ means— 

24 ‘‘(A) the Secretary of a military depart25 ment, with respect to matters concerning that 

26 military department; and 


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1 ‘‘(B) the Secretary of Defense, with re2 spect to matters concerning the Defense Agen3 cies.’’. 

4 (b) LIMITATION ON DURATION OF LEASE.—Sub5 section (b)(1) of such section is amended by inserting ‘‘, 

6 but not to exceed 50 years,’’ after ‘‘longer period’’. 

7 (c) PROHIBITION ON LEASEBACK WITH EXCESSIVE

8 ANNUAL PAYMENTS.—Subsection (b) of such section is 

9 amended— 

10 (1) by striking ‘‘and’’ at the end of paragraph 

11 (5); 

12 (2) by striking the period at the end of para13 graph (6) and inserting ‘‘; and’’; and 

14 (3) by adding at the end the following new 

15 paragraph: 

16 ‘‘(7) may not provide for a leaseback by the 

17 Secretary concerned with an annual payment in ex18 cess of $500,000.’’. 

19 (d) IMPROVED CONGRESSIONAL NOTIFICATION RE20 QUIREMENTS.—Paragraph (4) of subsection (c) of such 

21 section is amended to read as follows: 

22 ‘‘(4)(A) Not later than 30 days before issuing a con23 tract solicitation or other lease offering under this section 

24 for a lease whose annual payment, including any in-kind 

25 consideration to be accepted under subsection (b)(5) or 


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1 this subsection, will exceed $500,000, the Secretary con2 cerned shall submit to the congressional defense commit3 tees a report containing— 

4 ‘‘(i) a description of the proposed lease, includ5 ing the proposed duration of the lease; 

6 ‘‘(ii) a description of the authorities to be used 

7 in entering the lease and the intended participation 

8 of the United States in the lease, including a jus9 tification of the intended method of participation; 

10 ‘‘(iii) a statement of the scored cost of the 

11 lease, determined using the scoring criteria of the 

12 Office of Management and Budget; 

13 ‘‘(iv) a determination that the property involved 

14 in the lease is not excess property, as required by 

15 subsection (a)(3), including the basis for the deter16 mination; and 

17 ‘‘(v) a determination that the lease is directly 

18 compatible with the mission of the military installa19 tion or Defense Agency whose property is to be sub20 ject to the lease and the anticipated long-term use 

21 of the property at the conclusion of the lease. 

22 ‘‘(B) In the case of a lease described in subparagraph 

23 (A), the Secretary concerned also shall submit to the con24 gressional defense committees a report at least 30 days 


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1 before the date on which the Secretary concerned enters 

2 into a lease the following information: 

3 ‘‘(i) A copy of the report submitted under sub4 paragraph (A). 

5 ‘‘(ii) A description of the differences between 

6 the report submitted under that subparagraph and 

7 the new report. 

8 ‘‘(iii) A description of the agreement reached 

9 with the local municipality on taxation issues and 

10 other development issues related to the proposed 

11 project, including payments-in-lieu-of taxes. 

12 ‘‘(iv) A description of the lessee payment re13 quired under this section.’’. 

14 (e) PROHIBITION ON ACCEPTANCE OF IN-KIND TO

15 SUPPORT CERTAIN MWR PROJECTS.—Subsection (c) of 

16 such section is amended by adding at the end the following 

17 new paragraph: 

18 ‘‘(5) The Secretary concerned may not accept in-kind 

19 consideration under paragraph (1) with respect to a lease 

20 under this section to support the development of a project 

21 for a nonappropriated fund activity of the Department of 

22 Defense conducted for the morale, welfare, and recreation 

23 of members of the armed forces if the revenues estimated 

24 to be generated from the resulting facility would generally 

25 cover the operating expenses of the facility.’’. 


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1 (f) CONFORMING AMENDMENTS TO REFERENCES TO

2 MILITARY DEPARTMENTS AND INSTALLATIONS.— 

3 (1) COMMUNITY SUPPORT FACILITIES AND

4 COMMUNITY SUPPORT SERVICES.—Subsection (d) of 

5 such section is amended— 

6 (A) in paragraph (2), by striking ‘‘Sec7 retary of a military department’’ and inserting 

8 ‘‘Secretary concerned’’; and 

9 (B) in paragraphs (3), (4), and (6), by 

10 striking ‘‘of the military department’’ each 

11 place it appears. 

12 (2) DEPOSIT AND USE OF PROCEEDS.—Sub13 section (e) of such section is amended— 

14 (A) in paragraph (1)(A)— 

15 (i) in the matter preceding clause 

16 (i)— 

17 (I) by striking ‘‘Secretary of a 

18 military department’’ and inserting 

19 ‘‘Secretary concerned’’; and 

20 (II) by striking ‘‘such military 

21 department’’ and inserting ‘‘that Sec22 retary’’; 

23 (ii) in clause (iii), by striking ‘‘mili24 tary department’’ and inserting ‘‘Sec25 retary’’; 


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1 (B) in paragraph (1)(B)(i), by striking 

2 ‘‘Secretary of a military department’’ and in3 serting ‘‘Secretary concerned’’; 

4 (C) in paragraph (1)(C), by striking ‘‘of a 

5 military department pursuant to subparagraph 

6 (A) shall be available to the Secretary of that 

7 military department’’ and inserting ‘‘established 

8 for the Secretary concerned shall be available to 

9 the Secretary’’; 

10 (D) in paragraph (1)(D)— 

11 (i) by striking ‘‘of a military depart12 ment under subparagraph (A)’’ and insert13 ing ‘‘established for the Secretary con14 cerned’’; and 

15 (ii) by inserting ‘‘or Defense Agency 

16 location’’ after ‘‘military installation’’; 

17 (E) in paragraph (1)(E), by striking ‘‘in18 stallation’’ and inserting ‘‘military installation 

19 or Defense Agency location’’; and 

20 (F) in paragraph (3), by striking ‘‘Sec21 retary of a military department’’ and inserting 

22 ‘‘Secretary concerned’’. 

23 (3) BASE CLOSURE PROPERTY.—Subsection 

24 (g)(1) of such section is amended by striking ‘‘SecVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00751 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 retary of a military department’’ and inserting ‘‘Sec2 retary concerned’’. 

3 (g) REPEAL OF SEPARATE DEFENSE AGENCY AU4 THORITY.— 

5 (1) REPEAL.—Section 2667a of such title is re6 pealed. 

7 (2) EFFECT ON EXISTING CONTRACTS.—The 

8 repeal of section 2667a of title 10, United States 

9 Code, shall not affect the validity or terms of any 

10 lease with respect to property of a Defense Agency 

11 entered into by the Secretary of Defense under such 

12 section before the date of the enactment of this Act. 

13 (3) TREATMENT OF MONEY RENTS.—Amounts 

14 in any special account established for a Defense 

15 Agency pursuant to subsection (d) of section 2667a 

16 of title 10, United States Code, before repeal of such 

17 section by paragraph (1), and amounts that would 

18 be deposited in such an account in connection with 

19 a lease referred to in paragraph (2), shall— 

20 (A) remain available until expended for the 

21 purposes specified in such subsection, notwith22 standing the repeal of such section by para23 graph (1); or 

24 (B) to the extent provided in appropria25 tions Acts, be transferred to the special account 


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1 required for the Secretary of Defense by sub2 section (e) of section 2667 of such title, as 

3 amended by subsection (f)(2) of this section. 

4 (h) CLERICAL AMENDMENTS.— 

5 (1) SECTION HEADING.—The heading of section 

6 2667 of such title is amended to read as follows: 

7 ‘‘§ 2667. Leases: non-excess property of military de8 partments and Defense Agencies’’. 

9 (2) TABLE OF SECTIONS.—The table of sections 

10 at the beginning of chapter 159 of such title is 

11 amended by striking the items relating to sections 

12 2667 and 2667a and inserting the following new 

13 item: 

‘‘2667. Leases: non-excess property of military departments and Defense Agencies.’’. 

14 SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEY15 ANCE AUTHORITY. 

16 (a) CONVEYANCE OF UTILITY SYSTEM INFRASTRUC17 TURE.—Section 2688 of title 10, United States Code, is 

18 amended— 

19 (1) by redesignating subsections (i) and (j) as 

20 subsections (j) and (k), respectively; and 

21 (2) by inserting after subsection (h) the fol22 lowing new subsection (i): 

23 ‘‘(i) CONVEYANCE OF UTILITY INFRASTRUCTURE

24 AFTER PRIVATIZATION OF UTILITY SYSTEM.—(1) The 


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1 Secretary concerned may convey all right, title, and inter2 est of the United States, or such lesser estate as the Sec3 retary considers appropriate, in and to utility system in4 frastructure under the jurisdiction of the Secretary to the 

5 entity to which a utility system has been conveyed under 

6 subsection (a) if the infrastructure will be used as part 

7 of the utility system. 

8 ‘‘(2) In making a conveyance under paragraph (1), 

9 the Secretary concerned may use other than competitive 

10 procedures. As consideration for the conveyance, the Sec11 retary concerned shall receive an amount equal to the fair 

12 market value of the conveyed utility infrastructure, deter13 mined in the same manner as the consideration the Sec14 retary could require under subsection (c) for the convey15 ance of a utility system under subsection (a).’’. 

16 (b) ASSISTANCE FOR CONSTRUCTION, REPAIR, OR

17 REPLACEMENT OF UTILITY INFRASTRUCTURE.—Sub18 section (h) of such section is amended— 

19 (1) in the subsection heading, by striking ‘‘SYS20 TEMS.—’’ and inserting ‘‘SYSTEMS OR INFRASTRUC21 TURE.—(1)’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) In lieu of carrying out a military construction 

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1 ture to be used with a utility system conveyed under sub2 section (a), the Secretary concerned may provide, from 

3 amounts authorized and appropriated for the project for 

4 fiscal year 2009 or subsequent fiscal years, funds to the 

5 entity to which the utility system has been conveyed for 

6 use by the entity to construct, repair, or replace the utility 

7 infrastructure if the infrastructure will be used as part 

8 of the utility system. As consideration for the provision 

9 of such funds, the Secretary may require a reduction in 

10 charges for utility services in the same manner as a reduc11 tion in charges may be required under subsection (c) for 

12 the conveyance of a utility system under subsection (a).’’. 

13 SEC. 2814. PERMANENT AUTHORITY TO PURCHASE MUNIC14 IPAL SERVICES FOR MILITARY INSTALLA15 TIONS IN THE UNITED STATES. 

16 (a) PERMANENT AUTHORITY.—Chapter 146 of title 

17 10, United States Code, is amended by inserting after sec18 tion 2465 the following new section: 

19 ‘‘§ 2465a. Contracts for procurement of municipal 

20 services for military installations in the 

21 United States 

22 ‘‘(a) CONTRACT AUTHORITY.—Subject to section 

23 2465 of this title, the Secretary a military department 

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1 stallation in the United States under the jurisdiction of 

2 the Secretary from a county or municipal government for 

3 the geographic area in which the installation is located. 

4 ‘‘(b) COVERED MUNICIPAL SERVICES.—Only the fol5 lowing municipal services may be procured for a military 

6 installation under the authority of this section: 

7 ‘‘(1) Refuse collection. 

8 ‘‘(2) Refuse disposal. 

9 ‘‘(c) EXCEPTION FROM COMPETITIVE PROCE10 DURES.—The Secretary may enter in a contract under 

11 subsection (a) using procedures other than competitive 

12 procedures if— 

13 ‘‘(1) the term of the proposed contract does not 

14 exceed five years; 

15 ‘‘(2) the Secretary determines that the price for 

16 the municipal services to be provided under the con17 tract is fair and reasonable and represents the least 

18 cost to the Federal Government; and 

19 ‘‘(3) the business case supporting the Sec20 retary’s determination under paragraph (2)— 

21 ‘‘(A) describes the availability, benefits, 

22 and drawbacks of alternative sources; and 

23 ‘‘(B) establishes that performance by the 

24 county or municipal government will not in25 crease costs to the Federal government, when 


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1 compared to the cost of continued performance 

2 by the current provider of the services. 

3 ‘‘(d) LIMITATION ON DELEGATION.—The authority 

4 to make the determination described in subsection (c)(2) 

5 may not be delegated to a level lower than a Deputy As6 sistant Secretary for Installations and Environment or an7 other official of the Department of Defense at an equiva8 lent level. 

9 ‘‘(e) CONGRESSIONAL NOTIFICATION.—The Sec10 retary may not enter into a contract under subsection (a) 

11 for the procurement of municipal services until the Sec12 retary notifies the congressional defense committees of the 

13 proposed contract and a period of 14 days elapses from 

14 the date the notification is received by the committees. 

15 The notification shall include a summary of the business 

16 case and an explanation of how the adverse impact, if any, 

17 on civilian employees of the Department will be minimized. 

18 ‘‘(f) GUIDANCE.—The Secretary of Defense shall 

19 issue guidance to address the implementation of this sec20 tion.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of such chapter is amended by inserting 

23 after the item relating to section 2465 the following new 

24 item: 

‘‘2465a. Contracts for purchase of municipal services for military installations 

in the United States.’’. 


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1 (c) TERMINATION OF PILOT PROGRAM.—Section 325 

2 of the Ronald W. Reagan National Defense Authorization 

3 Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 

4 2461 note) is repealed. The repeal of such section shall 

5 not affect the terms or validity of any contract entered 

6 into before the date of the enactment of this Act under 

7 the pilot program authorized by such section. 

8 SEC. 2815. DEFENSE ACCESS ROADS. 

9 (a) BASIS FOR TRANSPORTATION NEEDS ASSESS10 MENT.—Section 210(a) of title 23, United States Code, 

11 is amended— 

12 (1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; 

13 and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) If it is determined that an action of the Depart17 ment of Defense will cause a significant transportation im18 pact to access to a military reservation, the Secretary of 

19 Defense shall conduct a transportation needs assessment 

20 to assess the magnitude of the improvement required to 

21 address the impact.’’. 

22 (b) REPORT ON RECENTLY IDENTIFIED TRANSPOR23 TATION IMPACTS.—Not later than April 1, 2009, the Sec24 retary of Defense shall submit to the congressional defense 

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1 frastructure of the House of Representatives a report that 

2 details the significant transportation impacts resulting 

3 from actions of the Department of Defense since January 

4 1, 2005. In the report, the Secretary shall assess the fund5 ing requirements necessary to address transportation 

6 needs resulting from these significant transportation im7 pacts. 

8 SEC. 2816. PROTECTING PRIVATE PROPERTY RIGHTS DUR9 ING DEPARTMENT OF DEFENSE LAND ACQUI10 SITIONS. 

11 (a) PROTECTION OF PRIVATE PROPERTY.—The Sec12 retary of Defense and the Secretaries of the military de13 partments shall make every reasonable effort to acquire 

14 real property expeditiously by negotiation. Real property 

15 offered shall meet the requirements of Secretary-approved 

16 real property acquisition plans. 

17 (b) WILLING SELLERS.—The Secretary of Defense or 

18 the Secretary of a military department shall not be pre19 cluded from acquiring real property from willing sellers 

20 so long as the real property offered meet the requirements 

21 of Secretary-approved real property acquisition plans. 


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1 Subtitle C—Provisions Related to 

2 Guam Realignment 

3 SEC. 2821. GUAM DEFENSE POLICY REVIEW INITIATIVE AC4 COUNT. 

5 (a) ESTABLISHMENT OF ACCOUNT.—There is estab6 lished on the books of the Treasury an account to be 

7 known as the ‘‘Guam Defense Policy Review Initiative Ac8 count’’ (in this section referred to as the ‘‘account’’). 

9 (b) CREDITS TO ACCOUNT.— 

10 (1) AMOUNTS IN FUND.—There shall be cred11 ited to the account all contributions received during 

12 fiscal year 2009 and subsequent fiscal years under 

13 section 2350k of title 10, United States Code, for 

14 the realignment of military installations and the re15 location of military personnel on Guam. 

16 (2) NOTICE OF RECEIPT OF CONTRIBUTIONS.— 

17 The Secretary of Defense shall submit to the con18 gressional defense committees written notice of the 

19 receipt of contributions referred to in paragraph (1), 

20 including the amount of the contributions, not later 

21 than 30 days after receiving the contributions. 

22 (c) USE OF ACCOUNT.— 

23 (1) AUTHORIZED USES.—Subject to paragraph 

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1 tions Acts, amounts in the account may be used as 

2 follows: 

3 (A) To carry out or facilitate the carrying 

4 out of a transaction authorized by this section 

5 in connection with the realignment of military 

6 installations and the relocation of military per7 sonnel on Guam, including military construc8 tion, military family housing, unaccompanied 

9 housing, general facilities constructions for mili10 tary forces, and utilities improvements. 

11 (B) To carry out improvements of property 

12 or facilities on Guam as part of such a trans13 action. 

14 (C) To obtain property support services for 

15 property or facilities on Guam resulting from 

16 such a transaction. 

17 (D) To develop military facilities or train18 ing ranges in the Commonwealth of the North19 ern Mariana Islands. 

20 (2) COMPLIANCE WITH GUAM MASTER PLAN.— 

21 Transactions authorized by paragraph (1) shall be 

22 consistent with the Guam Master Plan, as incor23 porated in decisions made in the manner provided in 

24 section 102 of the National Environmental Policy 

25 Act of 1969 (42 U.S.C. 4332). 


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1 (3) LIMITATION REGARDING MILITARY HOUS2 ING.—To extent that the authorities provided under 

3 subchapter IV of chapter 169 of title 10, United 

4 States Code, are available to the Secretary of De5 fense, the Secretary shall use such authorities to ac6 quire, construct, or improve family housing units, 

7 military unaccompanied housing units, or ancillary 

8 supporting facilities in connection with the relocation 

9 of military personnel on Guam. 

10 (4) SPECIAL REQUIREMENTS REGARDING USE

11 OF CONTRIBUTIONS.— 

12 (A) TREATMENT OF CONTRIBUTIONS.— 

13 Except as provided in subparagraph (C), the 

14 use of contributions referred to in subsection 

15 (b)(1) shall not subject to conditions imposed 

16 on the use of appropriated funds by chapter 

17 169 of title 10, United States Code, or con18 tained in annual military construction appro19 priations Acts. 

20 (B) NOTICE OF OBLIGATION.—Contribu21 tions referred to in subsection (b)(1) may not 

22 be obligated for a transaction authorized by 

23 paragraph (1) until the Secretary of Defense 

24 submits to the congressional defense committees 

25 notice of the transaction, including a detailed 


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1 cost estimate, and a period of 21 days has 

2 elapsed after the date on which the notification 

3 is received by the committees or, if earlier, a 

4 period of 14 days has elapsed after the date on 

5 which a copy of the notification is provided in 

6 an electronic medium. 

7 (C) COST AND SCOPE OF WORK VARI8 ATIONS.—Section 2853 of title 10, United 

9 States Code, shall apply to the use of contribu10 tions referred to in subsection (b)(1). 

11 (D) COMPLIANCE WITH WAGE RATE RE12 QUIREMENTS.—Subchapter IV of chapter 31 of 

13 title 40, United States Code, shall apply to the 

14 use of contributions referred to in subsection 

15 (b)(1). 

16 (d) TRANSFER AUTHORITY.— 

17 (1) TRANSFER TO HOUSING FUNDS.—The Sec18 retary of Defense may transfer funds from the 

19 Guam Defense Policy Review Initiative Account to 

20 the following funds: 

21 (A) The Department of Defense Family 

22 Housing Improvement Fund established by sec23 tion 2883(a)(1) of title 10, United States Code. 


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1 (B) The Department of Defense Military 

2 Unaccompanied Housing Improvement Fund 

3 established by section 2883(a)(2) of such title. 

4 (2) TREATMENT OF TRANSFERRED

5 AMOUNTS.—Amounts transferred under paragraph 

6 (1) to a fund referred to in that paragraph shall be 

7 available in accordance with the provisions of section 

8 2883 of title 10, United States Code for activities on 

9 Guam authorized under subchapter IV of chapter 

10 169 of such title. 

11 (e) REPORT REGARDING GUAM MILITARY CON12 STRUCTION.—Not later than February 15 of each year, 

13 the Secretary of Defense shall submit to Congress a report 

14 containing information on each military construction 

15 project included in the budget submission for the next fis16 cal year related to the realignment of military installations 

17 and the relocation of military personnel on Guam. The 

18 Secretary shall present the information in manner con19 sistent with the presentation of projects in the military 

20 construction accounts for each of the military departments 

21 in the budget submission. The report shall also include 

22 projects associated with the realignment of military instal23 lations and relocation of military personnel on Guam that 

24 are included in the future-years defense program pursuant 

25 to section 221 of title 10, United States Code. 


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1 SEC. 2822. SENSE OF CONGRESS REGARDING USE OF SPE2 CIAL PURPOSE ENTITIES FOR MILITARY 

3 HOUSING RELATED TO GUAM REALIGNMENT. 

4 (a) NATURE OF SPECIAL PURPOSE ENTITIES.—It is 

5 the sense of Congress that any Special Purpose Entity es6 tablished to assist in the provision of military family hous7 ing in connection with the realignment of military installa8 tions and the relocation of military personnel on Guam 

9 should— 

10 (1) be operated, to the extent practicable, in the 

11 manner provided for public-private ventures under 

12 subchapter IV of chapter 169 of title 10, United 

13 States Code; and 

14 (2) be conducted as joint ventures between Jap15 anese and United States private firms, except that 

16 any military family housing venture carried out by 

17 such a joint venture should be primarily managed by 

18 a United States private firm. 

19 (b) SCOPE OF ACTIVITIES.—It is the sense of Con20 gress that funding for such a Special Purpose Entity 

21 should not be limited to only utility improvements and the 

22 construction of military family housing in connection with 

23 the realignment of military installations and the relocation 

24 of military personnel on Guam. 

25 (c) UTILITY INFRASTRUCTURE IMPROVEMENTS.—It 

26 is the sense of Congress that funding for such a Special 


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1 Purpose Entity should support proposed utility infrastruc2 ture improvements on Guam that incorporate the civilian 

3 and military infrastructure into a single grid to realize and 

4 maximize the effectiveness of the overall utility system. 

5 (d) MILITARY FAMILY HOUSING.—It is the sense of 

6 Congress that the building requirements imposed for any 

7 military family housing constructed by such a Special Pur8 pose Entity in connection with the realignment of military 

9 installations and the relocation of military personnel on 

10 Guam should be established by the Department of Defense 

11 in accordance with current building standards that are 

12 used with other projects. 

13 (e) SPECIAL PURPOSE ENTITY DEFINED.—In this 

14 section, the term ‘‘Special Purpose Entity’’ means a whol15 ly independent entity established for a specific and limited 

16 purpose to facilitate the realignment of military installa17 tions and the relocation of military personnel on Guam. 

18 SEC. 2823. SENSE OF CONGRESS REGARDING FEDERAL AS19 SISTANCE TO GUAM. 

20 (a) SENSE OF CONGRESS.—It is the sense of Con21 gress that the Secretary of Defense, in coordination with 

22 the Interagency Group on Insular Areas, should enter into 

23 a memorandum of understanding with the Government of 

24 Guam to identify, before the realignment of military in25 stallations and the relocation of military personnel on 


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1 Guam, local funding requirements for civilian infrastruc2 ture development and other needs related to the realign3 ment and relocation. The memorandum of understanding 

4 would stipulate the commitment of Federal agencies to as5 sist the Government of Guam in carrying out the Guam 

6 realignment in a responsible and consistent manner. 

7 (b) INTERAGENCY GROUP ON INSULAR AREAS DE8 FINED.—In this section, the term ‘‘Interagency Group on 

9 Insular Areas’’ means the interagency group established 

10 by Executive Order No. 13299 of May 12, 2003 (68 Fed. 

11 Reg. 25477; 48 U.S.C. note prec. 1451). The term in12 cludes any sub-group or working group of that interagency 

13 group. 

14 SEC. 2824. COMPTROLLER GENERAL REPORT REGARDING 

15 INTERAGENCY REQUIREMENTS RELATED TO 

16 GUAM REALIGNMENT. 

17 (a) REPORT REQUIRED.—Not later than 180 days 

18 after the date of the enactment of this Act, the Comp19 troller General shall submit to Congress a report on the 

20 status of interagency coordination through the Inter21 agency Group on Insular Areas of budgetary requests to 

22 assist the Government of Guam with its budgetary re23 quirements related to the realignment of military forces 

24 on Guam. The report shall address to what extent and 

25 how the Interagency Group on Insular Areas will be able 


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1 to coordinate interagency budgets so the realignment of 

2 military forces on Guam will meet the 2014 completion 

3 date as stipulated in the May 2006 security agreement be4 tween the United States and Japan. 

5 (b) INTERAGENCY GROUP ON INSULAR AREAS DE6 FINED.—In this section, the term ‘‘Interagency Group on 

7 Insular Areas’’ means the interagency group established 

8 by Executive Order No. 13299 of May 12, 2003 (68 Fed. 

9 Reg. 25477; 48 U.S.C. note prec. 1451). The term in10 cludes any sub-group or working group of that interagency 

11 group. 

12 SEC. 2825. ENERGY AND ENVIRONMENTAL DESIGN INITIA13 TIVES IN GUAM MILITARY CONSTRUCTION 

14 AND INSTALLATIONS. 

15 (a) LEADERSHIP IN ENERGY AND ENVIRONMENTAL

16 DESIGN PRINCIPLES.—With respect to all new military 

17 construction projects on Guam and military housing to be 

18 constructed on Guam related to the realignment of mili19 tary forces on Guam, the Secretary of Defense shall re20 quire the incorporation of design criteria promulgated in 

21 the Leadership in Energy and Environmental Design 

22 Green Building Rating System, as developed by the 

23 United States Green Building Council, to achieve not less 

24 than the silver standard. This requirement shall apply re25 gardless of the source of funds for the project. 


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1 (b) RENEWABLE ENERGY GOAL.—The Secretary of 

2 Defense shall establish a goal for the use of renewable en3 ergy sources on all military installations on Guam. Not 

4 later than one year after the date of the enactment of this 

5 Act, the Secretary shall submit to the congressional de6 fense committees a report containing the plan of the Sec7 retary to achieve the renewable energy goal. The report 

8 shall identify the renewable sources of energy that will be 

9 utilized and describe how the renewable sources will be uti10 lized and installed at military installations on Guam. 

11 SEC. 2826. DEPARTMENT OF DEFENSE INSPECTOR GEN12 ERAL REPORT REGARDING GUAM REALIGN13 MENT. 

14 Not later than 180 days after the date of the enact15 ment of this Act, the Inspector General of the Department 

16 of Defense shall submit to the congressional defense com17 mittees a report on the efforts of the Inspector General 

18 to address potential waste and fraud associated with the 

19 realignment of military forces on Guam. 

20 SEC. 2827. ELIGIBILITY OF THE COMMONWEALTH OF THE 

21 NORTHERN MARIANA ISLANDS FOR MILI22 TARY BASE REUSE STUDIES AND COMMUNITY 

23 PLANNING ASSISTANCE. 

24 (a) INCLUSION IN DEFINITION OF MILITARY INSTAL25 LATION.—Section 2687(e)(1) of title 10, United States 


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1 Code, is amended by inserting after ‘‘Virgin Islands,’’ the 

2 following: ‘‘the Commonwealth of the Northern Mariana 

3 Islands,’’. 

4 (b) INCLUSION OF FACILITIES OWNED AND OPER5 ATED BY COMMONWEALTH.—Section 2391(d)(1) of title 

6 10, United States Code, is amended by inserting after 

7 ‘‘Guam,’’ the following: ‘‘the Commonwealth of the North8 ern Mariana Islands,’’. 

9 SEC. 2828. PREVAILING WAGE APPLICABLE TO GUAM. 

10 (a) IN GENERAL.—Subchapter I of chapter 169 of 

11 title 10, United States Code, is amended by adding at the 

12 end the following new section: 

13 ‘‘§ 2816. Application of prevailing wage for construc14 tion on Guam 

15 ‘‘Subchapter IV of chapter 31 of title 40, United 

16 States Code, shall apply to any military construction au17 thorized under this chapter of any facilities on Guam. In 

18 order to carry out the requirements of this section, the 

19 Secretary of Labor shall have the authority and functions 

20 set forth in Reorganization Plan Number 14 of 1950 and 

21 section 3145 of title 40, United States Code.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such subchapter is amended by adding 

24 at the end the following new item: 

‘‘2816. Application of prevailing wage for construction on Guam.’’. 


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1 SEC. 2829. PORT OF GUAM IMPROVEMENT ENTERPRISE 

2 PROGRAM. 

3 (a) IN GENERAL.—The Secretary of Transportation, 

4 acting through the Administrator of the Maritime Admin5 istration (in this section referred to as the ‘‘Adminis6 trator’’), may establish a Port of Guam Improvement En7 terprise Program (in this section referred to as the ‘‘Pro8 gram’’) to provide for the planning, design, and construc9 tion of projects for the Port of Guam to improve facilities, 

10 relieve port congestion, and provide greater access to port 

11 facilities. 

12 (b) AUTHORITIES OF THE ADMINISTRATOR.—In car13 rying out the Program, the Administrator may— 

14 (1) receive funds provided for the Program 

15 from non-Federal entities, including private entities; 

16 (2) provide for coordination among appropriate 

17 governmental agencies to expedite the review process 

18 under the National Environmental Policy Act of 

19 1969 (42 U.S.C. 4321 et seq.) for projects carried 

20 out under the Program; 

21 (3) provide for coordination among appropriate 

22 governmental agencies in connection with other re23 views and requirements applicable to projects carried 

24 out under the Program; and 


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1 (4) provide technical assistance to the Port Au2 thority of Guam (and its agents) as needed for 

3 projects carried out under the Program. 

4 (c) PORT OF GUAM IMPROVEMENT ENTERPRISE

5 FUND.— 

6 (1) ESTABLISHMENT.—There is established in 

7 the Treasury of the United States a separate ac8 count to be known as the ‘‘Port of Guam Improve9 ment Enterprise Fund’’ (in this section referred to 

10 as the ‘‘Fund’’). 

11 (2) DEPOSITS.—There shall be deposited into 

12 the Fund— 

13 (A) amounts received by the Administrator 

14 from non-Federal sources under subsection 

15 (b)(1); 

16 (B) amounts transferred to the Adminis17 trator under subsection (d); and 

18 (C) amounts appropriated to carry out this 

19 section under subsection (f). 

20 (3) USE OF AMOUNTS.—Amounts in the Fund 

21 shall be available to the Administrator to carry out 

22 the Program. 

23 (4) ADMINISTRATIVE EXPENSES.—Not to ex24 ceed 3 percent of the amounts appropriated to the 


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1 Fund for a fiscal year may be used for administra2 tive expenses of the Administrator. 

3 (5) AVAILABILITY OF AMOUNTS.—Amounts in 

4 the Fund shall remain available until expended. 

5 (d) TRANSFERS OF AMOUNTS.—Amounts appro6 priated or otherwise made available for any fiscal year for 

7 an intermodal or marine facility comprising a component 

8 of the Program shall be transferred to and administered 

9 by the Administrator. 

10 (e) LIMITATION.—Nothing in this section shall be 

11 construed to authorize amounts made available under sec12 tion 215 of title 23, United States Code, or any other 

13 amounts made available for the construction of highways 

14 or amounts otherwise not eligible for making port im15 provements to be deposited into the Fund. 

16 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Fund such sums 

18 as may be necessary to carry out this section. 

19 Subtitle D—Energy Security 

20 SEC. 2841. CERTIFICATION OF ENHANCED USE LEASES FOR 

21 ENERGY-RELATED PROJECTS. 

22 Section 2667(h) of title 10, United States Code, is 

23 amended by adding at the end the following new para24 graph: 


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1 ‘‘(5) If a proposed lease under subsection (a) involves 

2 a project related to energy production and the term of the 

3 lease exceeds 20 years, the Secretary concerned may not 

4 enter into the lease until at least 30 days after the date 

5 on which the Secretary of Defense submits to the congres6 sional defense committees a certification that the lease is 

7 consistent with the Department of Defense performance 

8 goals and plan required by section 2911 of this title.’’. 

9 SEC. 2842. ANNUAL REPORT ON DEPARTMENT OF DEFENSE 

10 INSTALLATIONS ENERGY MANAGEMENT. 

11 Section 2925(a) of title 10, United States Code, is 

12 amended— 

13 (1) by striking the subsection heading and in14 serting the following: ‘‘ANNUAL REPORT RELATED

15 TO INSTALLATIONS ENERGY MANAGEMENT.—’’; 

16 (2) in paragraph (1), by inserting ‘‘, the Energy 

17 Independence and Security Act of 2007 (Public Law 

18 110–140),’’ after ‘‘58)’’; and 

19 (3) by adding at the end the following new 

20 paragraph: 

21 ‘‘(6) A description and estimate of the progress 

22 made by the military departments to meet the cer23 tification requirements for sustainable green-building 

24 standards in construction and major renovations.’’. 


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1 Subtitle E—Land Conveyances 

2 SEC. 2851. LAND CONVEYANCE, FORMER NAVAL AIR STA3 TION, ALAMEDA, CALIFORNIA. 

4 (a) CONVEYANCE REQUIRED.—The Secretary of the 

5 Navy shall convey to the redevelopment authority for the 

6 former Naval Air Station Alameda, California (in this sec7 tion referred to as the ‘‘redevelopment authority’’), all 

8 right, title and interest of the United States in and to the 

9 real and personal property comprising Naval Air Station 

10 Alameda, except those parcels identified for public benefit 

11 conveyance and certain surplus lands at the Naval Air 

12 Station Alameda described in the Federal Register on No13 vember 5, 2007. In this section, the real and personal 

14 property to be conveyed under this section is referred to 

15 as the ‘‘NAS Property’’. 

16 (b) MULTIPLE CONVEYANCES.—The conveyance of 

17 the NAS Property may be conducted through multiple 

18 parcel transfers. 

19 (c) CONSIDERATION OPTIONS.—As consideration for 

20 the conveyance of the NAS Property under subsection (a), 

21 the Secretary of the Navy and the redevelopment authority 

22 shall agree upon one of the following options: 

23 (1) Not later than nine months after the date 

24 of the enactment of this Act, the redevelopment au25 thority shall accept the consideration terms deVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00775 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 scribed in the document negotiated between the re2 development authority and the Secretary of the 

3 Navy known as the draft ‘‘Summary of Acquisition 

4 Terms and Conditions’’ and dated September 18, 

5 2006, as such language may be amended, with value 

6 to be determined for the portion of the NAS Prop7 erty known as Parcel 3, and subsequently make pay8 ments to the Secretary in accordance with such doc9 ument. 

10 (2)(A) The redevelopment authority shall en11 sure that the entity that acquires title to the NAS 

12 Property for development (in this paragraph referred 

13 to as the ‘‘development entity’’) submits to the Sec14 retary of the Navy a down payment of $10,000,000 

15 dollars at the time the initial portion of the NAS 

16 Property is conveyed to the development entity. 

17 (B) In addition, the redevelopment entity shall 

18 submit to the Secretary 12 percent of all gross resi19 dential and commercial building sales to the first 

20 bona-fide, arms-length third-party buyer, whether as 

21 new construction or the sale of rehabilitated existing 

22 structures. In the event that the development entity 

23 transfers all or any portion of the NAS Property to 

24 a third party, including any subsidiaries, before the 

25 completion of new or rehabilitated construction, the 


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1 development entity shall satisfy the payment require2 ment as prescribed in this paragraph at such time 

3 as the NAS Property is conveyed to a bona-fide, 

4 arms-length third-party buyer. This obligation shall 

5 not apply to the sale of any buildings on land held 

6 in the public trust by the State of California or sales 

7 of land or buildings for the purposes of constructing 

8 or otherwise providing affordable housing, as deter9 mined by the Secretary. 

10 (3)(A) The redevelopment authority shall sub11 mit 80 percent of the gross proceeds received by the 

12 redevelopment authority from the redevelopment 

13 authority’s competitive solicitation of any portion of 

14 the NAS Property not encumbered by the public 

15 trust. 

16 (B) To comply with this paragraph, the redevel17 opment authority shall— 

18 (i) prepare, for review and approval by the 

19 Secretary of the Navy, commercially reasonable 

20 solicitation materials consisting of a request for 

21 qualifications and a request for proposals for 

22 the conveyance or lease of the NAS Property, 

23 as appropriate, in accordance with established 

24 contract principles, and such approval by the 


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1 Secretary shall not be unreasonably withheld; 

2 and 

3 (ii) pay to the Secretary the required share 

4 of monies received by the redevelopment author5 ity by reason of any contract or agreement exe6 cuted as a result of the solicitation. 

7 (d) EXISTING USES.—During the three-year period 

8 beginning on the date on which the first conveyance under 

9 this section is made, the redevelopment authority shall 

10 make reasonable efforts to accommodate the continued use 

11 by the United States of those portions of the NAS Prop12 erty covered by a request for Federal Land Transfer so 

13 long as the accommodation of such use is at no cost or 

14 expense to the redevelopment authority. Such accommoda15 tions shall provide adequate protection for the endangered 

16 California Least Tern in accordance with the requirements 

17 of the existing Biological Opinion for Naval Air Station 

18 Alameda dated March 22, 1999, and any future amend19 ments to the Biological Opinion. 

20 (e) REMEDIATION.—The Secretary of the Navy shall, 

21 to the extent practicable, remediate the NAS Property to 

22 the standard included by the Secretary and the redevelop23 ment authority in the document referred to in subsection 

24 (c)(1). 


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1 (f) SAVINGS PROVISION.—Nothing in this section 

2 shall be construed to affect or limit the application of, or 

3 any obligation to comply with, any environmental law, in4 cluding the Comprehensive Environmental Response, 

5 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

6 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

7 et seq.). 

8 (g) DESCRIPTION OF PROPERTY.—The exact acreage 

9 and legal description of the real property to be conveyed 

10 under this section shall be determined by a survey satis11 factory to the Department. 

12 (h) MASTER LEASE.—The Lease in Furtherance of 

13 Conveyance, dated June 2000, as amended, between the 

14 Secretary of the Navy and the redevelopment authority 

15 shall remain in full force and effect until conveyance of 

16 the NAS Property in accordance with this section, and a 

17 lease amendment recognizing this section shall be offered 

18 by the Secretary. 

19 (i) TREATMENT OF AMOUNTS RECEIVED.—Amounts 

20 received by the United States under this section shall be 

21 credited to the fund or account intended to receive pro22 ceeds from the disposal of the NAS Property pursuant to 

23 the Defense Base Closure and Realignment Act of 1990 

24 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

25 2687 note). 


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1 (j) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary of the Navy may require such additional terms and 

3 conditions in connection with the conveyance under sub4 sections (a) as the Secretary considers appropriate to pro5 tect the interests of the United States. 

6 SEC. 2852. LAND CONVEYANCE, NORWALK DEFENSE FUEL 

7 SUPPLY POINT, NORWALK, CALIFORNIA. 

8 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

9 the Air Force may convey, without consideration, to the 

10 City of Norwalk, California (in this section referred to as 

11 the ‘‘City’’), all right, title, and interest of the United 

12 States in and to a parcel of real property, including im13 provements thereon, consisting of approximately 10 acres 

14 of the Norwalk Defense Fuel Supply Point in Norwalk, 

15 California, for the purpose of permitting the City to utilize 

16 the property for recreational purposes as an addition to 

17 the adjacent Holifield Park. In connection with the con18 veyance, the Secretary may make a payment to the City 

19 to assist the City in making municipal upgrades in the 

20 vicinity of the Norwalk Defense Fuel Supply Point. 

21 (b) ENVIRONMENTAL REMEDIATION.—The Secretary 

22 shall manage and carry out environmental remediation ac23 tivities with respect to the property to be conveyed under 

24 subsection (a) that, at a minimum, achieve the standard 

25 sufficient to allow the property to be used for the purposes 


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1 specified in such subsection. The Secretary shall endeavor 

2 to enter into an agreement with the holder of an easement 

3 on the property to ensure that the easement holder partici4 pates in the remediation of the property. 

5 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

6 and legal description of the real property to be conveyed 

7 under subsection (a) shall be determined by a survey satis8 factory to the Secretary. 

9 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

10 (1) PAYMENT REQUIRED.—The Secretary shall 

11 require the City to cover costs to be incurred by the 

12 Secretary, or to reimburse the Secretary for costs in13 curred by the Secretary, to carry out the conveyance 

14 under subsection (a), including survey costs, costs 

15 related to environmental documentation, and other 

16 administrative costs related to the conveyance. If 

17 amounts are collected from the City in advance of 

18 the Secretary incurring the actual costs, and the 

19 amount collected exceeds the costs actually incurred 

20 by the Secretary to carry out the conveyance, the 

21 Secretary shall refund the excess amount to the 

22 City. 

23 (2) TREATMENT OF AMOUNTS RECEIVED.— 

24 Amounts received as reimbursements under para25 graph (1) shall be credited to the fund or account 


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1 that was used to cover the costs incurred by the Sec2 retary in carrying out the conveyance. Amounts so 

3 credited shall be merged with amounts in such fund 

4 or account and shall be available for the same pur5 poses, and subject to the same conditions and limita6 tions, as amounts in such fund or account. 

7 (e) SAVINGS PROVISION.—Nothing in this section 

8 shall be construed to affect or limit the application of, or 

9 any obligation to comply with, any environmental law, in10 cluding the Comprehensive Environmental Response, 

11 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

12 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

13 et seq.). 

14 (f) ADDITIONAL TERM AND CONDITIONS.—The Sec15 retary may require such additional terms and conditions 

16 in connection with the conveyance under subsection (a) as 

17 the Secretary considers appropriate to protect the inter18 ests of the United States. 

19 SEC. 2853. LAND CONVEYANCE, FORMER NAVAL STATION, 

20 TREASURE ISLAND, CALIFORNIA. 

21 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

22 the Navy shall convey to the redevelopment authority for 

23 former Naval Station, Treasure Island, California (in this 

24 section referred to as the ‘‘redevelopment authority’’), all 

25 right, title, and interest of the United States in and to 


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1 a parcel of real property consisting of those portions of 

2 the former Naval Station still retained by the Navy as of 

3 the date of the enactment of this Act and personal prop4 erty and related utilities and improvements thereon. 

5 (b) CONSIDERATION.—As consideration for the con6 veyance of the property under subsection (a), the Sec7 retary and the redevelopment authority shall agree upon 

8 at least one of the following options: 

9 (1) Subject to subsection (c), the redevelopment 

10 authority shall assume the remaining obligations of 

11 the Department of Defense to address releases or 

12 threatened releases of hazardous substances and pe13 troleum and its constituents, to the extent necessary 

14 to obtain regulatory closure from relevant California 

15 and Federal environmental regulatory agencies, in16 cluding a CERCLA covenant deferral by the Gov17 ernor of the State of California. 

18 (2) The redevelopment authority shall pay the 

19 United States a share of the gross revenues that the 

20 redevelopment authority receives from third-party 

21 buyers or lessees from sales and long-term leases of 

22 the conveyed property. 

23 (c) ENVIRONMENTAL REMEDIATION EXCEPTIONS.— 

24 Under the consideration option provided by subsection 


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1 (b)(1), the redevelopment authority shall not be required 

2 to accept any responsibility for— 

3 (1) ordnance, explosives, munitions or similar 

4 devices or materials located on the conveyed prop5 erty; 

6 (2) radiological materials located on the con7 veyed property, where those materials were not iden8 tified before the conveyance under subsection (a) 

9 and were authorized to remain in place subject to 

10 the establishment of institutional controls enforced 

11 by a covenant with the California Department of 

12 Toxic Substances Control and deed restrictions to 

13 the property recipient; 

14 (3) chemical or biological weapons or constitu15 ents thereof located on the conveyed property; and 

16 (4) releases of hazardous substances and petro17 leum and its constituents located on the conveyed 

18 property, if the release of the hazardous substances 

19 or petroleum and its constituents was not discovered 

20 at the time of the conveyance and the costs of reme21 diation of such unknown releases is not covered by 

22 environmental insurance procured by or benefitting 

23 the redevelopment authority. 

24 (d) PAYMENT OF COSTS OF CONVEYANCES.— 


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1 (1) PAYMENT REQUIRED.—The Secretary shall 

2 require the redevelopment authority to cover costs to 

3 be incurred by the Secretary, or to reimburse the 

4 Secretary for costs incurred by the Secretary, to 

5 carry out the conveyance under subsection (a), in6 cluding survey costs, appraisal costs, and other costs 

7 related to the conveyance. If amounts are collected 

8 from the redevelopment authority in advance of the 

9 Secretary incurring the actual costs, and the amount 

10 collected exceeds the costs actually incurred by the 

11 Secretary to carry out the conveyance, the Secretary 

12 shall refund the excess amount to the redevelopment 

13 authority. 

14 (2) TREATMENT OF AMOUNTS RECEIVED.— 

15 Amounts received under paragraph (1) as reim16 bursement for costs incurred by the Secretary to 

17 carry out the conveyance under subsection (a), and 

18 not refunded under such paragraph, shall be— 

19 (A) counted toward the consideration oth20 erwise required from the redevelopment author21 ity under subsection (b); and 

22 (B) credited to the fund or account that 

23 was used to cover the costs incurred by the Sec24 retary in carrying out the conveyance. 


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1 (3) USE OF AMOUNTS RECEIVED.—Amounts 

2 credited to a fund or account under paragraph 

3 (2)(B) shall be merged with amounts in the fund or 

4 account and shall be available for the same pur5 poses, and subject to the same conditions and limita6 tions, as amounts in such fund or account. 

7 (e) SAVINGS PROVISION.—Nothing in this section 

8 shall be construed to affect or limit the application of, or 

9 any obligation to comply with, any environmental law, in10 cluding the Comprehensive Environmental Response, 

11 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

12 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

13 et seq.). 

14 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

15 and legal description of the real property to be conveyed 

16 under subsection (a) shall be determined by a survey satis17 factory to the Secretary. 

18 (g) ADDITIONAL TERMS AND CONDITIONS.—The 

19 Secretary may require such additional terms and condi20 tions in connection with the conveyance under subsections 

21 (a) as the Secretary considers appropriate to protect the 

22 interests of the United States, so long as such additional 

23 terms and conditions do not materially change the terms 

24 and conditions of this section, including the consideration 

25 to be provided the United States under subsection (b). 


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1 SEC. 2854. CONDITION ON LEASE INVOLVING NAVAL AIR 

2 STATION, BARBERS POINT, HAWAII. 

3 As a condition of any lease executed by the Secretary 

4 of the Navy pursuant to section 2843 of the Military Con5 struction Authorization Act for Fiscal Year 2007 (division 

6 B of Public Law 109–364; 120 Stat. 2482) with Ford Is7 land Properties/Hunt Development involving the former 

8 Naval Air Station, Barbers Point, Hawaii, the Secretary 

9 of the Navy shall require that Ford Island Properties/ 

10 Hunt Development enter into a memorandum of under11 standing with the Hawaii Community Development Au12 thority to ensure that the development plan for the real 

13 property covered by the lease conforms with the final 

14 Kalaeloa Master Plan and appropriate land use controls 

15 of the Hawaii Community Development Authority. 

16 SEC. 2855. LAND CONVEYANCE, SERGEANT FIRST CLASS 

17 M.L. DOWNS ARMY RESERVE CENTER, 

18 SPRINGFIELD, OHIO. 

19 (a) CONVEYANCE AUTHORIZED.—At such time as the 

20 Army Reserve vacates the Sergeant First Class M.L. 

21 Downs Army Reserve Center at 1515 West High Street 

22 in Springfield, Ohio, the Secretary of the Army may con23 vey, without consideration, to the City of Springfield, Ohio 

24 (in this section referred to as the ‘‘City’’), all right, title, 

25 and interest of the United States in and to the parcel of 

26 real property, including improvements thereon, containing 


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1 the Reserve Center for the purpose of permitting the City 

2 to utilize the property for municipal government activities. 

3 (b) REVERSIONARY INTEREST.—If the Secretary de4 termines at any time that the real property conveyed 

5 under subsection (a) is not being used in accordance with 

6 the purpose of the conveyance, all right, title, and interest 

7 in and to such real property, including any improvements 

8 and appurtenant easements thereto, shall, at the option 

9 of the Secretary, revert to and become the property of the 

10 United States, and the United States shall have the right 

11 of immediate entry onto such real property. A determina12 tion by the Secretary under this subsection shall be made 

13 on the record after an opportunity for a hearing. 

14 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

15 and legal description of the real property to be conveyed 

16 under subsection (a) shall be determined by a survey satis17 factory to the Secretary. 

18 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

19 (1) PAYMENT REQUIRED.—The Secretary shall 

20 require the City to cover costs to be incurred by the 

21 Secretary, or to reimburse the Secretary for costs in22 curred by the Secretary, to carry out the conveyance 

23 under subsection (a), including survey costs, costs 

24 related to environmental documentation, and other 

25 administrative costs related to the conveyance. If 


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1 amounts are collected from the City in advance of 

2 the Secretary incurring the actual costs, and the 

3 amount collected exceeds the costs actually incurred 

4 by the Secretary to carry out the conveyance, the 

5 Secretary shall refund the excess amount to the 

6 City. 

7 (2) TREATMENT OF AMOUNTS RECEIVED.— 

8 Amounts received as reimbursements under para9 graph (1) shall be credited to the fund or account 

10 that was used to cover the costs incurred by the Sec11 retary in carrying out the conveyance. Amounts so 

12 credited shall be merged with amounts in such fund 

13 or account and shall be available for the same pur14 poses, and subject to the same conditions and limita15 tions, as amounts in such fund or account. 

16 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec17 retary may require such additional terms and conditions 

18 in connection with the conveyance under subsection (a) as 

19 the Secretary considers appropriate to protect the inter20 ests of the United States. 

21 SEC. 2856. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX 

22 COUNTY, TENNESSEE. 

23 (a) CONVEYANCE AUTHORIZATION.—The Secretary 

24 of the Army may convey, without consideration, to the 

25 State of Tennessee all right, title, and interest of the 


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1 United States in and to a parcel of real property, including 

2 any improvements thereon and appurtenant easements 

3 thereto, consisting of approximately 124 acres known as 

4 the John Sevier Range in Knox County, Tennessee, if the 

5 State agrees to use such real property as a public firing 

6 range and for associated recreational activities. 

7 (b) REVERSIONARY INTEREST.—If the Secretary de8 termines at any time that the real property conveyed 

9 under subsection (a) is not being used in accordance with 

10 the terms of the conveyance, all right, title, and interest 

11 in and to such real property, including any improvements 

12 and appurtenant easements thereto, shall, at the option 

13 of the Secretary, revert to and become the property of the 

14 United States, and the United States shall have the right 

15 of immediate entry onto such real property. A determina16 tion by the Secretary under this subsection shall be made 

17 on the record after an opportunity for a hearing. 

18 (c) ADMINISTRATIVE EXPENSES.—In accordance 

19 with section 2695 of title 10, United State Code, the Sec20 retary may accept amounts provided by the State to cover 

21 administrative expenses incurred by the Secretary with re22 spect to the conveyance authorized under subsection (a), 

23 including survey expenses, expenses related to environ24 mental documentation, and other administrative expenses 

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1 ited, pursuant to subsection (c) of section 2695 of such 

2 title, to the appropriation, fund, or account from which 

3 such expenses were paid. If amounts are collected from 

4 the State in advance of the Secretary incurring such ex5 penses, and the amount collected exceeds the expenses ac6 tually incurred by the Secretary, the Secretary shall re7 fund the excess amount to the State. 

8 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

9 and legal description of the real property authorized to 

10 be conveyed under subsection (a) shall be determined by 

11 a survey satisfactory to the Secretary and the State. 

12 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

13 Secretary may require such additional terms and condi14 tions in connection with the conveyance authorized under 

15 subsection (a) as the Secretary considers appropriate to 

16 protect the interests of the United States. 

17 SEC. 2857. LAND CONVEYANCE, BUREAU OF LAND MANAGE18 MENT LAND, CAMP WILLIAMS, UTAH. 

19 (a) CONVEYANCE REQUIRED.—Not later than 120 

20 days after the date of the enactment of this Act, the Sec21 retary of the Interior, acting through the Bureau of Land 

22 Management, shall convey, without consideration, to the 

23 State of Utah all right, title, and interest of the United 

24 States in and to certain lands comprising approximately 

25 431 acres, as generally depicted on a map entitled ‘‘ProVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00791 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 posed Camp Williams Land Transfer’’ and dated March 

2 7, 2008, which are located within the boundaries of the 

3 public lands currently withdrawn for military use by the 

4 Utah National Guard and known as Camp Williams, 

5 Utah, for the purpose of permitting the Utah National 

6 Guard to use the conveyed land as provided in subsection 

7 (c). 

8 (b) REVOCATION OF EXECUTIVE ORDER.—Executive 

9 Order No. 1922 of April 24, 1914, as amended by section 

10 907 of the Camp W.G. Williams Land Exchange Act of 

11 1989 (title IX of Public Law 101–628; 104 Stat. 4501), 

12 shall be revoked, only insofar as it affects the lands identi13 fied for conveyance to the State of Utah under subsection 

14 (a). 

15 (c) REVERSIONARY INTEREST.—The lands conveyed 

16 to the State of Utah under subsection (a) shall revert to 

17 the United States if the Secretary of the Interior deter18 mines that the land, or any portion thereof, is sold or at19 tempted to be sold, or that the land, or any portion there20 of, is used for non-National Guard or non-national defense 

21 purposes. Any determination by the Secretary of the Inte22 rior under this subsection shall be made in consultation 

23 with the Secretary of Defense and the Governor of Utah 

24 and on the record after an opportunity for comment. 


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1 (d) HAZARDOUS MATERIALS.—With respect to any 

2 portion of the land conveyed under subsection (a) that the 

3 Secretary of the Interior determines is subject to reversion 

4 under subsection (c), if the Secretary of the Interior also 

5 determines that the portion of the conveyed land contains 

6 hazardous materials, the State of Utah shall pay the 

7 United States an amount equal to the fair market value 

8 of that portion of the land, and the reversionary interest 

9 shall not apply to that portion of the land. 

10 SEC. 2858. LAND CONVEYANCE, ARMY PROPERTY, CAMP 

11 WILLIAMS, UTAH. 

12 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

13 the Army may convey, without consideration, to the State 

14 of Utah on behalf of the Utah National Guard (in this 

15 section referred to as the ‘‘State’’) all right, title, and in16 terest of the United States in and to two parcels of real 

17 property, including any improvements thereon, that are lo18 cated within the boundaries of Camp Williams, Utah, con19 sist of approximately 608 acres and 308 acres, respec20 tively, and are identified in the Utah National Guard mas21 ter plan as being necessary acquisitions for future mis22 sions of the Utah National Guard. 

23 (b) REVERSIONARY INTEREST.—If the Secretary de24 termines at any time that the real property conveyed 

25 under subsection (a), or any portion thereof, has been sold 


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1 or is being used solely for non-defense, commercial pur2 poses, all right, title, and interest in and to the property 

3 shall revert, at the option of the Secretary, to the United 

4 States, and the United States shall have the right of im5 mediate entry onto the property. It is not a violation of 

6 the reversionary interest for the State to lease the prop7 erty, or any portion thereof, to private, commercial, or 

8 governmental interests if the lease facilitates the construc9 tion and operation of buildings, facilities, roads, or other 

10 infrastructure that directly supports the defense missions 

11 of the Utah National Guard. Any determination of the 

12 Secretary under this subsection shall be made on the 

13 record after an opportunity for a hearing. 

14 (c) PAYMENT OF COSTS OF CONVEYANCE.— 

15 (1) PAYMENT REQUIRED.—The Secretary shall 

16 require the State to cover costs to be incurred by the 

17 Secretary, or to reimburse the Secretary for costs in18 curred by the Secretary, to carry out the conveyance 

19 under subsection (a), including survey costs, costs 

20 related to environmental documentation, and other 

21 administrative costs related to the conveyance. If 

22 amounts are collected from the State in advance of 

23 the Secretary incurring the actual costs, and the 

24 amount collected exceeds the costs actually incurred 

25 by the Secretary to carry out the conveyance, the 


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1 Secretary shall refund the excess amount to the 

2 State. 

3 (2) TREATMENT OF AMOUNTS RECEIVED.— 

4 Amounts received as reimbursements under para5 graph (1) shall be credited to the fund or account 

6 that was used to cover the costs incurred by the Sec7 retary in carrying out the conveyance. Amounts so 

8 credited shall be merged with amounts in such fund 

9 or account and shall be available for the same pur10 poses, and subject to the same conditions and limita11 tions, as amounts in such fund or account. 

12 (d) DESCRIPTION OF REAL PROPERTY.—The exact 

13 acreage and legal description of the real property to be 

14 conveyed under subsection (a) shall be determined by a 

15 survey satisfactory to the Secretary. 

16 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

17 Secretary may require such additional terms and condi18 tions in connection with the conveyance under subsection 

19 (a) as the Secretary considers appropriate to protect the 

20 interests of the United States. 

21 SEC. 2859. EXTENSION OF POTOMAC HERITAGE NATIONAL 

22 SCENIC TRAIL THROUGH FORT BELVOIR, VIR23 GINIA. 

24 (a) AGREEMENT AUTHORITY.—The Secretary of the 

25 Army may enter into a revocable at will easement with 


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1 the Secretary of the Interior to provide land along the pe2 rimeter of Fort Belvoir, Virginia, to be used as a segment 

3 the Potomac Heritage National Scenic Trail. 

4 (b) SELECTION CRITERIA.—In determining the ex5 tent of the easement, the Secretary of the Army shall pro6 vide for a single trail, and select alignments of the trail, 

7 along the perimeter of Fort Belvoir. In making that deter8 mination, the Secretary shall consider— 

9 (1) the perimeter security requirements to pro10 tect the assets, people, and agency missions located 

11 at Fort Belvoir; 

12 (2) the appropriate setback from adjacent road13 ways to provide for a safe and enjoyable experience 

14 for users of the trail; and 

15 (3) any planned future expansion of roadways, 

16 including United States Route 1, so that the trail 

17 will not be adversely impacted by roadway construc18 tion. 

19 (c) TRAIL ADMINISTRATION AND MANAGEMENT.— 

20 Any segment of the Potomac Heritage National Scenic 

21 Trail along the perimeter of Fort Belvoir shall be adminis22 tered by the Secretary of the Interior, acting through the 

23 National Park Service, and shall be managed by the Sec24 retary of the Army, by an appropriate local agency, or by 

25 any other party mutually acceptable to the Secretary of 


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1 the Army and the National Park Service. A written agree2 ment confirming this management arrangement shall be 

3 co-signed by the parties to the easement agreement. 

4 SEC. 2860. TRANSFER OF ADMINISTRATIVE JURISDICTION, 

5 DECOMMISSIONED NAVAL SECURITY GROUP 

6 ACTIVITY, SKAGGS ISLAND, CALIFORNIA. 

7 (a) TRANSFER MEMORANDUM OF AGREEMENT.— 

8 The Secretary of the Navy and the Secretary of the Inte9 rior shall negotiate a memorandum of agreement that stip10 ulates the conditions upon which the decommissioned 

11 Naval Security Group Activity, Skaggs Island, Sonoma, 

12 California shall be transferred from the administrative ju13 risdiction of the Department of the Navy to the United 

14 States Fish and Wildlife Service for inclusion in the Na15 tional Wildlife Refuge System. 

16 (b) ACCEPTANCE OF DONATIONS; USE.—The Sec17 retary of the Navy and the Secretary of the Interior may 

18 accept contributions from the State of California and 

19 other entities to help cover the costs of demolishing and 

20 removing structures on the property described in sub21 section (a) and to facilitate future environmental restora22 tion that furthers the ultimate end use of the property 

23 for conservation purposes. Amounts received may be 

24 merged with other amounts available to the Secretaries to 


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1 carry out this section and shall remain available, without 

2 further appropriation and until expended. 

3 Subtitle F—Other Matters 

4 SEC. 2871. REVISED DEADLINE FOR TRANSFER OF ARLING5 TON NAVAL ANNEX TO ARLINGTON NA6 TIONAL CEMETERY. 

7 Section 2881(h)(1) of the Military Construction Au8 thorization Act for Fiscal Year 2000 (division B of Public 

9 Law 106–65; 113 Stat. 879), as amended by section 2871 

10 of the Military Construction Authorization Act for Fiscal 

11 Year 2008 (division B of Public Law 110–181; 122 Stat. 

12 561), is further amended by striking ‘‘January 1, 2011’’ 

13 and inserting ‘‘January 1, 2012’’. 

14 SEC. 2872. DECONTAMINATION AND USE OF FORMER BOM15 BARDMENT AREA ON ISLAND OF CULEBRA. 

16 Section 204 of the Military Construction Authoriza17 tion Act, 1974 (Public Law 93–166; 87 Stat. 668) is 

18 amended by striking subsection (c). 

19 SEC. 2873. ACCEPTANCE AND USE OF GIFTS FOR CON20 STRUCTION OF ADDITIONAL BUILDING AT 

21 NATIONAL MUSEUM OF THE UNITED STATES 

22 AIR FORCE, WRIGHT-PATTERSON AIR FORCE 

23 BASE. 

24 (a) ACCEPTANCE AUTHORIZED.—The Secretary of 

25 the Air Force may accept from the Air Force Museum 


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1 Foundation, a private nonprofit corporation, gifts in the 

2 form of cash, treasury instruments, or comparable United 

3 States securities for the purpose of paying the costs of 

4 design and construction of a fourth building for the Na5 tional Museum of the United States Air Force at Wright6 Patterson Air Force Base, Ohio. In making a gift, the Air 

7 Force Museum Foundation may specify that all or part 

8 of the amount of the gift be utilized solely for the purpose 

9 of the design and construction of a particular portion of 

10 the building. 

11 (b) ESCROW ACCOUNT.— 

12 (1) DEPOSIT OF GIFTS.—The Secretary of the 

13 Air Force, acting through the Director of Financial 

14 Management of the Air Force Materiel Command 

15 (in this section referred to as the ‘‘Director’’), shall 

16 deposit the amount of any gift accepted under sub17 section (a) in an escrow account established for that 

18 purpose. 

19 (2) INVESTMENT.—Amounts in the escrow ac20 count not required to meet current requirements of 

21 the account shall be invested in public debt securi22 ties with maturities suitable to the needs of the ac23 count, as determined by the Director, and bearing 

24 interest at rates that take into consideration current 

25 market yields on outstanding marketable obligations 


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1 of the United States of comparable securities. The 

2 income on such investments shall be credited to and 

3 form a part of the account. 

4 (3) LIQUIDATION.—Upon final payment of all 

5 invoices and claims associated with the design and 

6 construction of the building described in subsection 

7 (a), the Secretary shall terminate the escrow ac8 count. Any amounts remaining in the account upon 

9 termination shall be available to the Secretary, in 

10 such amounts as are provided in advance in appro11 priations Acts, for such purposes as the Secretary 

12 considers appropriate. 

13 (c) USE OF GIFTS.— 

14 (1) DESIGN AND CONSTRUCTION.—The Direc15 tor shall use amounts in the escrow account, includ16 ing income on investments, to pay the costs of the 

17 design and construction of a fourth building for the 

18 National Museum of the United States Air Force, 

19 including progress payments for such design and 

20 construction, subject to any conditions imposed by 

21 the Air Force Museum Foundation under subsection 

22 (a). Amounts in the account shall be available to the 

23 Director, in such amounts as are provided in ad24 vance in appropriations Acts, until expended. 


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1 (2) TIME FOR PAYMENT.—Amounts shall be 

2 payable under paragraph (1) upon receipt by the Di3 rector of a notification from the technical represent4 ative of the contracting officer that construction ac5 tivities for which such amounts are payable under 

6 paragraph (1) have been undertaken. To the max7 imum extent practicable consistent with good busi8 ness practice, the Director shall limit payment of 

9 amounts from the account in order to maximize the 

10 return on investment of amounts in the account. 

11 (d) LIMITATION ON CONTRACTS.—The Secretary of 

12 the Air Force may not initiate a contract for the design 

13 or construction of a particular portion of the building de14 scribed in subsection (a) until amounts in the escrow ac15 count are sufficient to cover the amount of the contract. 

16 SEC. 2874. ESTABLISHMENT OF MEMORIAL TO AMERICAN 

17 RANGERS AT FORT BELVOIR, VIRGINIA. 

18 (a) AUTHORITY TO ESTABLISH MEMORIAL.—The 

19 Secretary of the Army may permit the American Ranger 

20 Memorial Association, Inc., to establish and maintain, at 

21 a suitable location on Fort Belvoir, Virginia, a national 

22 memorial to honor the sacrifice and service of American 

23 Rangers during their almost four hundred years of exist24 ence. 


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1 (b) LOCATION AND DESIGN.—The actual location 

2 and final design of the memorial authorized by subsection 

3 (a) shall be subject to the approval of the Secretary. In 

4 selecting the location, the Secretary shall seek to maximize 

5 visitor access to the resulting memorial. 

6 (c) MAINTENANCE.—The maintenance of the memo7 rial authorized by subsection (a) by the American Ranger 

8 Memorial Association, Inc., shall be subject to such condi9 tions regarding access to the memorial, and such other 

10 conditions, as the Secretary considers appropriate to pro11 tect the interests of the United States. 

12 (d) LIMITATION ON PAYMENT OF EXPENSES.—The 

13 United States Government shall not pay any expense for 

14 the establishment or maintenance of the memorial author15 ized by subsection (a). 

16 SEC. 2875. LEASE INVOLVING PIER ON FORD ISLAND, 

17 PEARL HARBOR NAVAL BASE, HAWAII. 

18 (a) LEASE.—The Secretary of the Navy shall enter 

19 into a lease with the USS Missouri Memorial Association 

20 to authorize the USS Missouri Memorial Association to 

21 use the pier Foxtrot Five and related real property on 

22 Ford Island, Pearl Harbor Naval Base, Hawaii, during 

23 calendar years 2009 and 2010. 

24 (b) CONSIDERATION.—The lease required by sub25 section (a) shall be made without consideration. 


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1 (c) CONDITION ON USE OF LEASED PROPERTY.—As 

2 a condition on the lease under subsection (a), the USS 

3 Missouri Memorial Association shall agree to preserve and 

4 maintain the USS Missouri for education purposes, his5 toric preservation, and community outreach. 

6 (d) EFFECT OF VIOLATION.—If the Secretary deter7 mines at any time that the USS Missouri Memorial Asso8 ciation is not in compliance with the condition imposed 

9 by subsection (c), the Secretary may terminate the lease 

10 referred to in subsection (a). Any determination of the 

11 Secretary under this subsection shall be made on the 

12 record after an opportunity for a hearing. 

13 SEC. 2876. NAMING OF HEALTH FACILITY, FORT RUCKER, 

14 ALABAMA. 

15 The health facility located at 301 Andrews Avenue 

16 in Fort Rucker, Alabama, shall be known and designated 

17 as the ‘‘Lyster Army/VA Health Clinic’’. Any reference in 

18 a law, map, regulation, document, paper, or other record 

19 of the United States to such facility shall be deemed to 

20 be a reference to the Lyster Army/VA Health Clinic. 


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1 TITLE XXIX—ADDITIONAL WAR2 RELATED AND EMERGENCY 

3 MILITARY CONSTRUCTION 

4 AUTHORIZATIONS FOR FIS5 CAL YEAR 2008 

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 for which funds were not appropriated. 

6 SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND 

7 ACQUISITION PROJECTS. 

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

9 appropriated pursuant to the authorization of appropria10 tions in subsection (c)(1), the Secretary of the Army may 

11 acquire real property and carry out military construction 

12 projects for the installations or locations inside the United 

13 States, and in the amounts, set forth in the following 

14 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 Benning ........................................ $30,500,000 

Fort Gordon .......................................... $39,800,000 

Hawaii .............................. Schofield Barracks ................................ $12,500,000 

Kentucky .......................... Fort Campbell ....................................... $9,900,000 

Fort Knox ............................................. $7,400,000 

Missouri ............................ Fort Leonard Wood .............................. $50,000,000 

North Carolina ................. Fort Bragg ............................................ $8,500,000 

Oklahoma .......................... Fort Sill ................................................. $9,000,000 

South Carolina .................. Fort Jackson ......................................... $27,000,000 

Texas ................................ Fort Bliss .............................................. $17,300,000 

Fort Hood ............................................. $7,200,000 

Fort Sam Houston ................................ $54,000,000 


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Army: Inside the United States—Continued 

State Installation or Location Amount 

Virginia............................. Fort Eustis ............................................ $50,000,000 

Fort Lee ................................................ $7,400,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in subsection (c)(2), the Secretary of the Army may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ...................... Various Locations ................................. $54,000,000 

Iraq ................................... Baghdad ................................................ $13,000,000 

Camp Adder .......................................... $13,200,000 

Camp Ramadi ....................................... $6,200,000 

Fallujah ................................................. $5,500,000 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—Funds 

9 are hereby authorized to be appropriated on or after the 

10 date of the enactment of this Act for military construction, 

11 land acquisition, and military family housing functions of 

12 the Department of the Army in the total amount of 

13 $440,700,000 as follows: 

14 (1) For military construction projects inside the 

15 United States authorized by subsection (a), 

16 $367,700,000. 


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1 (2) For military construction projects outside 

2 the United States authorized by subsection (b), 

3 $67,000,000. 

4 (3) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $6,000,000. 

7 SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND 

8 ACQUISITION PROJECTS. 

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

10 appropriated pursuant to the authorization of appropria11 tions in subsection (c)(1), the Secretary of the Navy may 

12 acquire real property and carry out military construction 

13 projects for the installations or locations inside the United 

14 States, and in the amounts, set forth in the following 

15 table: 

Navy: Inside the United States 

State Installation or Location Amount 

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

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

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

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

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

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

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

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

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

Parris Island Marine Corps Recruit Depot $16,000,000 

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

16 (b) OUTSIDE THE UNITED STATES.—Using amounts 

17 appropriated pursuant to the authorization of appropria18 tions in subsection (c)(2), the Secretary of the Navy may 

19 acquire real property and carry out military construction 


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1 projects for the installations or locations outside the 

2 United States, and in the amounts, set forth in the fol3 lowing table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Djibouti ........... Camp Lemonier .................................................. $22,390,000 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—Subject 

5 to section 2825 of title 10, United States Code, funds are 

6 hereby authorized to be appropriated on or after the date 

7 of the enactment of this Act for military construction, land 

8 acquisition, and military family housing functions of the 

9 Department of the Navy in the total amount of 

10 $197,618,000 as follows: 

11 (1) For military construction projects inside the 

12 United States authorized by subsection (a), 

13 $171,176,000. 

14 (2) For military construction projects outside 

15 the United States authorized by subsection (b), 

16 $22,390,000. 

17 (3) For architectural and engineering services 

18 and construction design under section 2807 of title 

19 10, United States Code, $4,052,000. 

20 (4) For construction and acquisition, planning 

21 and design, and improvement of military family 

22 housing and facilities, $11,766,000. 


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1 SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND 

2 LAND ACQUISITION PROJECTS. 

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

4 appropriated pursuant to the authorization of appropria5 tions in subsection (c)(1), the Secretary of the Air Force 

6 may acquire real property and carry out military construc7 tion projects for the installations or locations inside the 

8 United States, and in the amounts, set forth in the fol9 lowing table: 

Air Force: Inside the United States 

State Installation or Location Amount 

California ........ Beale Air Force Base ......................................... $17,600,000 

Florida............. Eglin Air Force Base ......................................... $11,000,000 

New Jersey ...... McGuire Air Force Base .................................... $6,200,000 

New Mexico ..... Cannon Air Force Base ...................................... $8,000,000 

10 (b) OUTSIDE THE UNITED STATES.—Using amounts 

11 appropriated pursuant to the authorization of appropria12 tions in subsection (c)(2), the Secretary of the Air Force 

13 may acquire real property and carry out military construc14 tion projects for the installations or locations outside the 

15 United States, and in the amounts, set forth in the fol16 lowing table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Oman ............... Masirah Air Base ............................................... $6,300,000 

Qatar ............... Al Udeid ............................................................. $100,400,000 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated on or after the 


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1 date of the enactment of this Act for military construction, 

2 land acquisition, and military family housing functions of 

3 the Department of the Air Force in the total amount of 

4 $150,927,000, as follows: 

5 (1) For military construction projects inside the 

6 United States authorized by subsection (a), 

7 $42,800,000. 

8 (2) For military construction projects outside 

9 the United States authorized by subsection (b), 

10 $106,700,000. 

11 (3) For architectural and engineering services 

12 and construction design under section 2807 of title 

13 10, United States Code, $1,427,000. 

14 SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUC15 TION AND LAND ACQUISITION PROJECTS. 

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

17 appropriated pursuant to the authorization of appropria18 tions in subsection (b)(1), the Secretary of Defense may 

19 acquire real property and carry out military construction 

20 projects for the installations or locations inside the United 

21 States, and in the amounts, set forth in the following 

22 table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Georgia............ Fort Benning ...................................................... $350,000,000 

Kansas ............. Fort Riley ........................................................... $404,000,000 

North Carolina Camp Lejeune .................................................... $122,000,000 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds 

2 are hereby authorized to be appropriated on or after the 

3 date of the enactment of this Act for military construction, 

4 land acquisition, and military family housing functions of 

5 the Department of Defense (other than the military de6 partments) in the total amount of $956,000,000, as fol7 lows: 

8 (1) For military construction projects inside the 

9 United States authorized by subsection (a), 

10 $876,000,000. 

11 (2) For architectural and engineering services 

12 and construction design under section 2807 of title 

13 10, United States Code, $80,000,000. 

14 SEC. 2905. TERMINATION OF AUTHORITY TO CARRY OUT 

15 FISCAL YEAR 2008 ARMY PROJECTS FOR 

16 WHICH FUNDS WERE NOT APPROPRIATED. 

17 The table in section 2901(b) of the Military Con18 struction Authorization Act for Fiscal Year 2008 (division 

19 B of Public Law 110–181; 122 Stat. 570) is amended— 

20 (1) in the item relating to Bagram Air Base, 

21 Afghanistan, by striking ‘‘$249,600,000’’ in the 

22 amount column and inserting ‘‘$195,600,000’’; 

23 (2) in the item relating to Camp Adder, Iraq, 

24 by striking ‘‘$80,650,000’’ in the amount column 

25 and inserting ‘‘$75,800,000’’; 


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1 (3) in the item relating to Camp Anaconda, 

2 Iraq, by striking ‘‘$53,500,000’’ in the amount col3 umn and inserting ‘‘$10,500,000’’; 

4 (4) in the item relating to Camp Victory, Iraq, 

5 by striking ‘‘$65,400,000’’ in the amount column 

6 and inserting ‘‘$60,400,000’’; 

7 (5) by striking the item relating to Tikrit, Iraq; 

8 and 

9 (6) in the item relating to Camp Speicher, Iraq, 

10 by striking ‘‘$83,900,000’’ in the amount column 

11 and inserting ‘‘$74,100,000’’. 

12 DIVISION C—DEPARTMENT OF 

13 ENERGY NATIONAL SECURITY 

14 AUTHORIZATIONS AND 

15 OTHER AUTHORIZATIONS 

16 TITLE XXXI—DEPARTMENT OF 

17 ENERGY NATIONAL SECURITY 

18 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. Utilization of international contributions to the Russian plutonium 

disposition program. 

Sec. 3112. Extension of deadline for Comptroller General report on Department 

of Energy protective force management. 

Sec. 3113. Enhancing nuclear forensics capabilities. 


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1 Subtitle A—National Security 

2 Programs Authorizations 

3 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA4 TION. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

6 are hereby authorized to be appropriated to the Depart7 ment of Energy for fiscal year 2009 for the activities of 

8 the National Nuclear Security Administration in carrying 

9 out programs necessary for national security in the 

10 amount of $9,301,922,000, to be allocated as follows: 

11 (1) For weapons activities, $6,609,639,000. 

12 (2) For defense nuclear nonproliferation activi13 ties, $1,455,148,000. 

14 (3) For naval reactors, $828,054,000. 

15 (4) For the Office of the Administrator for Nu16 clear Security, $409,081,000. 

17 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

18 From funds referred to in subsection (a) that are available 

19 for carrying out plant projects, the Secretary of Energy 

20 may carry out new plant projects for the National Nuclear 

21 Security Administration as follows: 

22 (1) For readiness in technical base and facili23 ties, the following new plant projects: 


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1 Project 09–D–404, Test Capabilities Revi2 talization, Phase 2, Sandia National Labora3 tories, New Mexico, $3,000,000. 

4 Project 08–D–806, Ion Beam Laboratory 

5 Refurbishment, Sandia National Laboratories, 

6 New Mexico, $10,014,000. 

7 (2) For naval reactors, the following new plant 

8 projects: 

9 Project 09–D–902, Naval Reactor Facili10 ties Production Support Complex, Naval Reac11 tors Facility, Idaho, $8,300,000. 

12 Project 09–D–190, KAPL Infrastructure 

13 Upgrades, Schenectady, New York, $1,000,000. 

14 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

15 Funds are hereby authorized to be appropriated to 

16 the Department of Energy for fiscal year 2009 for defense 

17 environmental cleanup activities in carrying out programs 

18 necessary for national security in the amount of 

19 $5,317,256,000. 

20 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

21 Funds are hereby authorized to be appropriated to 

22 the Department of Energy for fiscal year 2009 for other 

23 defense activities in carrying out programs necessary for 

24 national security in the amount of $1,321,461,000, of 

25 which $487,008,000 is for construction of the Mixed Oxide 


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1 Fuel Fabrication Facility at the Savannah River Site, 

2 South Carolina, and associated program activities and 

3 functions. 

4 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

5 Funds are hereby authorized to be appropriated to 

6 the Department of Energy for fiscal year 2009 for defense 

7 nuclear waste disposal for payment to the Nuclear Waste 

8 Fund established in section 302(c) of the Nuclear Waste 

9 Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount 

10 of $247,371,000. 

11 SEC. 3105. ENERGY SECURITY AND ASSURANCE. 

12 Funds are hereby authorized to be appropriated to 

13 the Department of Energy for fiscal year 2009 for energy 

14 security and assurance programs necessary for national 

15 security in the amount of $7,622,000. 

16 Subtitle B—Program Authoriza17 tions, Restrictions, and Limita18 tions 

19 SEC. 3111. UTILIZATION OF INTERNATIONAL CONTRIBU20 TIONS TO THE RUSSIAN PLUTONIUM DIS21 POSITION PROGRAM. 

22 (a) IN GENERAL.—The Secretary of Energy may, in 

23 consultation with the Secretary of State, enter into one 

24 or more agreements with any person (including a foreign 

25 government, international organization, or multinational 


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1 entity) that the Secretary of Energy considers appro2 priate, under which the person contributes funds for the 

3 effective and transparent disposition of excess weapon4 grade Russian plutonium in the Russian Federation, 

5 known as the Russian Plutonium Disposition Program. 

6 (b) RETENTION AND USE OF AMOUNTS.—Subject to 

7 the availability of appropriations, the Secretary of Energy 

8 may retain and use amounts contributed under an agree9 ment under subsection (a) for purposes of the Russian 

10 Plutonium Disposition Program. Amounts so contributed 

11 shall be retained in a separate fund established in the 

12 Treasury for such purposes, subject to the availability of 

13 appropriations, consistent with an agreement under sub14 section (a). 

15 (c) RETURN OF AMOUNTS NOT USED WITHIN 5 

16 YEARS.—If an amount contributed under an agreement 

17 under subsection (a) is not used under this section within 

18 5 years after it was contributed, the Secretary of Energy 

19 shall return that amount to the person who contributed 

20 it. 

21 (d) NOTICE TO APPROPRIATE CONGRESSIONAL COM22 MITTEES.—Not later than 30 days after the receipt of an 

23 amount contributed under subsection (b), the Secretary of 

24 Energy shall submit to the appropriate congressional com25 mittees a notice specifying the purpose and value of the 


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1 contribution and identifying the person who contributed 

2 it. The Secretary may not use such amount until 15 days 

3 after the notice is submitted. 

4 (e) ANNUAL REPORT.—Not later than October 31 of 

5 each year, beginning in the fiscal year in which the first 

6 contributions are retained under subsection (b), the Sec7 retary of Energy shall submit to the appropriate congres8 sional committees a report on the receipt and use of 

9 amounts under this section during the preceding fiscal 

10 year. Each report for a fiscal year shall set forth— 

11 (1) a statement of any amounts received under 

12 this section, including, for each such amount, the 

13 value of the contribution and the person who con14 tributed it; 

15 (2) a statement of any amounts used under this 

16 section, including, for each such amount, the pur17 poses for which the amount was used; and 

18 (3) a statement of the amounts retained but not 

19 used under this section including, for each such 

20 amount, the purposes (if known) for which the Sec21 retary intends to use the amount. 

22 (f) EXPIRATION.—The authority to accept, retain, 

23 and use contributions under this section shall expire on 

24 December 31, 2013. 


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1 (g) APPROPRIATE CONGRESSIONAL COMMITTEES

2 DEFINED.—In this section, the term ‘‘appropriate con3 gressional committees’’ means— 

4 (1) the Committee on Armed Services, the 

5 Committee on Appropriations, and the Committee on 

6 Foreign Affairs of the House of Representatives; 

7 and 

8 (2) the Committee on Armed Services, the 

9 Committee on Appropriations, and the Committee on 

10 Foreign Relations of the Senate. 

11 SEC. 3112. EXTENSION OF DEADLINE FOR COMPTROLLER 

12 GENERAL REPORT ON DEPARTMENT OF EN13 ERGY PROTECTIVE FORCE MANAGEMENT. 

14 Section 3124(a)(1) of the National Defense Author15 ization Act for Fiscal Year 2008 (Public Law 110–181; 

16 122 Stat. 580) is amended by striking ‘‘Not later than 

17 180 days after the date of the enactment of this Act,’’ 

18 and inserting ‘‘No later than March 1, 2009,’’. 

19 SEC. 3113. ENHANCING NUCLEAR FORENSICS CAPABILI20 TIES. 

21 (a) NNSA FELLOWSHIP PROGRAM FOR GRADUATE

22 STUDENTS IN NUCLEAR CHEMISTRY.— 

23 (1) IN GENERAL.—The Administrator for Nu24 clear Security shall establish a fellowship program 


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1 for graduate students who are Ph.D. candidates in 

2 the field of nuclear chemistry. 

3 (2) SENSE OF CONGRESS.—It is the sense of 

4 Congress that the fellowship program should— 

5 (A) support at least six graduate students 

6 per year; and 

7 (B) require each graduate student to spend 

8 at least two summers in a national security lab9 oratory over the course of the program. 

10 (3) FUNDING.—Of the amounts appropriated 

11 pursuant to an authorization of appropriations in 

12 this Act or otherwise made available from amounts 

13 for weapons activities from the National Nuclear Se14 curity Administration for national technical nuclear 

15 forensics for fiscal year 2009, $3,000,000 shall be 

16 available to establish the fellowship program. 

17 (4) PLAN.—No later than February 1, 2009, 

18 the Administrator shall submit to the congressional 

19 defense committees a plan describing the costs of 

20 continuing the program for fiscal year 2010 and 

21 thereafter. 

22 (b) NNSA RESEARCH AND DEVELOPMENT PROGRAM

23 ON NUCLEAR FORENSICS RADIATION-MEASUREMENT

24 EQUIPMENT.— 


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1 (1) IN GENERAL.—The Administrator for Nu2 clear Security shall carry out a research and devel3 opment program to improve the speed and accuracy 

4 of nuclear forensics radiation-measurement equip5 ment. 

6 (2) FUNDING.—Of the amounts appropriated 

7 pursuant to an authorization of appropriations in 

8 this Act or otherwise made available from amounts 

9 for weapons activities from the National Nuclear Se10 curity Administration for national technical nuclear 

11 forensics for fiscal year 2009, $2,000,000 shall be 

12 available to carry out the research and development 

13 program. 

14 (3) PLAN.—No later than February 1, 2009, 

15 the Administrator shall submit to the congressional 

16 defense committees a plan for the research and de17 velopment program, including a description of the 

18 costs of continuing the program for fiscal year 2010 

19 and thereafter. 

20 (c) RESEARCH AND DEVELOPMENT PLAN FOR NU21 CLEAR FORENSICS AND ATTRIBUTION.— 

22 (1) RESEARCH AND DEVELOPMENT.—The Sec23 retary of Energy shall prepare a research and devel24 opment plan to prioritize research and development 

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1 tional laboratories overseen by offices of the Depart2 ment of Energy, on the technical capabilities re3 quired— 

4 (A) to enable a robust and timely nuclear 

5 forensic response to a nuclear explosion or to 

6 the interdiction of nuclear material or a nuclear 

7 weapon anywhere in the world; and 

8 (B) to develop an international database 

9 containing data on nuclear material, to enable 

10 the attribution of nuclear material or a nuclear 

11 weapon to its source. 

12 (2) REPORTS.— 

13 (A) The Secretary of Energy shall submit 

14 to the congressional defense committees— 

15 (i) not later than 6 months after the 

16 date of enactment of this Act, a report on 

17 the contents of the research and develop18 ment plan described in paragraph (1), and 

19 any legislative changes required to imple20 ment the plan; and 

21 (ii) not later than 18 months after the 

22 date of enactment of this Act, a report on 

23 the implementation status of the plan. 

24 (B) The Secretary shall submit each report 

25 required by this subsection in unclassified form, 


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1 but may include a classified annex with such re2 port. 

3 (d) ADDITIONAL INFORMATION TO BE INCLUDED IN

4 REPORT ON NUCLEAR FORENSICS CAPABILI1TIES.—Sec5 tion 3129(b) of the National Defense Authorization Act 

6 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

7 585) is amended— 

8 (1) in paragraph (2), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (3), by striking the period at 

11 the end and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(4) any legislative, regulatory, or treaty ac14 tions necessary to facilitate international cooperation 

15 in enhancement of international nuclear-material 

16 databases and the linking of those databases to en17 able prompt data access.’’. 

18 (e) REPORT ON NUCLEAR FORENSICS ADVISORY

19 PANEL.— 

20 (1) ESTABLISHMENT.—The Secretary of De21 fense, in consultation with the Secretary of Energy 

22 and the Secretary of Homeland Security, shall sub23 mit a report describing a joint recommendation for 

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1 sory Panel of recognized experts not directly associ2 ated with the Federal laboratories. 

3 (2) ROLE OF INDEPENDENT PANEL.—The 

4 function of such an independent panel should be to 

5 provide independent validation of any Federal nu6 clear forensics analysis. 

7 (3) REPORT.—Not later than 180 days after 

8 the date of the enactment of this Act, the Secre9 taries referred to in paragraph (1) shall submit a re10 port on the structure and membership of the panel 

11 required by that paragraph. The report shall be sub12 mitted to— 

13 (A) the Committee on Appropriations, 

14 Committee on Armed Services, and Committee 

15 on Homeland Security of the House of Rep16 resentatives; and 

17 (B) the Committee on Appropriations, 

18 Committee on Armed Services, and Committee 

19 on Homeland Security and Government Affairs 

20 of the Senate. 

21 (f) PRESIDENTIAL REPORT ON INVOLVEMENT OF

22 SENIOR-LEVEL EXECUTIVE BRANCH LEADERSHIP IN

23 CERTAIN EXERCISES THAT INCLUDE NUCLEAR

24 FORENSICS ANALYSIS.—Not later than 90 days after the 

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1 mit a report on the involvement of senior-level executive 

2 branch leadership in planned nuclear terrorism prepared3 ness exercises that have nuclear forensics analysis as a 

4 component of the exercise. The report shall be submitted 

5 to— 

6 (1) the Committee on Appropriations, the Com7 mittee on Armed Services, and the Committee on 

8 Homeland Security of the House of Representatives; 

9 and 

10 (2) the Committee on Appropriations, the Com11 mittee on Armed Services, and the Committee on 

12 Homeland Security and Government Affairs of the 

13 Senate. 

14 TITLE XXXII—DEFENSE NU15 CLEAR FACILITIES SAFETY 

16 BOARD 

Sec. 3201. Authorization. 

17 SEC. 3201. AUTHORIZATION. 

18 There are authorized to be appropriated for fiscal 

19 year 2009, $25,499,000 for the operation of the Defense 

20 Nuclear Facilities Safety Board under chapter 21 of the 

21 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

22 TITLE XXXIV—NAVAL 

23 PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 


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1 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) AMOUNT.—There are hereby authorized to be ap3 propriated to the Secretary of Energy $19,099,000 for fis4 cal year 2009 for the purpose of carrying out activities 

5 under chapter 641 of title 10, United States Code, relating 

6 to the naval petroleum reserves. 

7 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

8 pursuant to the authorization of appropriations in sub9 section (a) shall remain available until expended. 

10 TITLE XXXV—MARITIME 

11 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. 

12 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS13 CAL YEAR 2009. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2009, to be available without fiscal year limita16 tion if so provided in appropriations Acts, for the use of 

17 the Department of Transportation for the Maritime Ad18 ministration as follows: 

19 (1) For expenses necessary for operations and 

20 training activities, $117,848,000, of which— 


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1 (A) $8,150,000 shall remain available until 

2 expended for capital improvements at the 

3 United States Merchant Marine Academy, and 

4 (B) $8,306,000 shall remain available until 

5 expended for maintenance and repair of school 

6 ships of the State Maritime Academies. 

7 (2) For expenses to maintain and preserve a 

8 United States-flag merchant fleet to serve the na9 tional security needs of the United States under 

10 chapter 531 of title 46, Unites States Code, 

11 $193,500,000, of which $19,500,000 will be avail12 able for costs associated with the maintenance reim13 bursement pilot program under section 3517 of the 

14 Maritime Security Act of 2003 (46 U.S.C 53101 

15 note). 

16 (3) For assistance to small shipyards and mari17 time communities under section 54101 of title 46, 

18 United States Code, $25,000,000. 

19 (4) For expenses to dispose of obsolete vessels 

20 in the National Defense Reserve Fleet, $18,000,000. 

21 (5) For the cost (as defined in section 502(5) 

22 of the Federal Credit Reform Act of 1990 (2 U.S.C. 

23 661a(5)) of loan guarantees under the program au24 thorized by chapter 537 of title 46, United States 

25 Code, $30,000,000. 


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1 (6) For administrative expenses related to the 

2 implementation of the loan guarantee program 

3 under chapter 537 of title 46, United States Code, 

4 administrative expenses related to implementation of 

5 the reimbursement program under section 3517 of 

6 the Maritime Security Act of 2003 (46 U.S.C. 

7 53101 note), and administrative expenses related to 

8 the implementation of the small shipyards and mari9 time communities assistance program under section 

10 54101 of title 46, United States Code, $3,531,000. 

11 SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY 

12 THE GOVERNMENT OF THE UNITED STATES 

13 FOR THE PURPOSE OF DISMANTLING, RECY14 CLING, OR SCRAPPING. 

15 (a) IN GENERAL.—Except as provided in subsection 

16 (b), no vessel that is owned by the Government of the 

17 United States shall be approved for export to a foreign 

18 country for purposes of dismantling, recycling, or scrap19 ping. 

20 (b) EXCEPTION.—Subsection (a) shall not apply with 

21 respect to a vessel if the Administer of the Maritime Ad22 ministration certifies that— 

23 (1) a compelling need for dismantling, recy24 cling, or scrapping the vessel exists; 


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1 (2) there is no available capacity in the United 

2 States to conduct the dismantling, recycling, or 

3 scrapping of the vessel; 

4 (3) any dismantling, recycling, or scrapping of 

5 the vessel in a foreign country will be conducted in 

6 full compliance with environmental, safety, labor, 

7 and health requirements for ship dismantling, recy8 cling, or scrapping that are equivalent to the laws of 

9 the United States; and 

10 (4) the export of the vessel under this section 

11 will only be for dismantling, recycling, or scrapping 

12 of the vessel. 

13 (c) CERTIFICATION.—The certification required in 

14 subsection (b) must be provided to the Committee on 

15 Armed Services of the House of Representatives and the 

16 Committee on Commerce, Science, and Transportation of 

17 the Senate at least 90 days before any vessel is approved 

18 for transport to a foreign country for purposes of disman19 tling, recycling, or scrapping. 

20 (d) UNITED STATES DEFINED.—In this section the 

21 term ‘‘United States’’ means the States of the United 

22 States, Puerto Rico, and Guam. 

23 SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS. 

24 Section 51509(b) of title 46, United States Code, is 

25 amended— 


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1 (1) by striking ‘‘$4,000’’ and inserting 

2 ‘‘$8,000’’; 

3 (2) by inserting ‘‘tuition,’’ after ‘‘uniforms,’’; 

4 and 

5 (3) by inserting ‘‘before the start of each aca6 demic year’’ after ‘‘and be paid’’. 

7 SEC. 3504. RIDING GANG MEMBER REQUIREMENTS. 

8 Section 1018 of the John Warner National Defense 

9 Authorization Act for Fiscal Year 2007 (Public Law 109– 

10 364; 120 Stat. 2380) is amended to read as follows: 

11 ‘‘SEC. 1018. RIDING GANG MEMBER REQUIREMENTS. 

12 ‘‘(a) IN GENERAL.—The Secretary of Defense may 

13 not award, renew, extend, or exercise an option to extend 

14 any charter of a vessel documented under chapter 121 of 

15 title 46, United States Code, for the Department of De16 fense, or any contract for the carriage of cargo by a vessel 

17 documented under that chapter for the Department of De18 fense, unless the charter or contract, respectively, includes 

19 provisions that— 

20 ‘‘(1) subject to paragraph (2), allow riding gang 

21 members to perform work on the vessel during the 

22 effective period of the charter or contract only under 

23 terms, conditions, restrictions, and requirements as 

24 provided in section 8106 of title 46, United States 

25 Code; and 


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1 ‘‘(2) require that riding gang members hold a 

2 merchant mariner’s document issued under chapter 

3 73 of title 46, United States Code, or a transpor4 tation security card issued under section 70105 of 

5 such title. 

6 ‘‘(b) EXEMPTION.— 

7 ‘‘(1) IN GENERAL.—In accordance with regula8 tions issued by the Secretary of Defense, an indi9 vidual shall not be treated as a riding gang member 

10 for the purposes of section 8106 of title 46, United 

11 States Code, and this section if— 

12 ‘‘(A) the individual is aboard a vessel that 

13 is under charter or contract for the carriage of 

14 cargo for the Department of Defense, for pur15 poses other than engaging in the operation or 

16 maintenance of the vessel; and 

17 ‘‘(B) the individual— 

18 ‘‘(i) accompanies, supervises, guards, 

19 or maintains unit equipment aboard a 

20 ship, commonly referred to as supercargo 

21 personnel; 

22 ‘‘(ii) is one of the force protection per23 sonnel of the vessel; 

24 ‘‘(iii) is a specialized repair techni25 cian; or 


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1 ‘‘(iv) is otherwise required by the Sec2 retary of Defense to be aboard the vessel. 

3 ‘‘(2) BACKGROUND CHECK.— 

4 ‘‘(A) IN GENERAL.—This section shall not 

5 apply to an individual unless— 

6 ‘‘(i) the name and other necessary 

7 identifying information for the individual is 

8 submitted to the Secretary for a back9 ground check; and 

10 ‘‘(ii) except as provided in subpara11 graph (B), the individual successfully 

12 passes a background check by the Sec13 retary prior to going aboard the vessel. 

14 ‘‘(B) WAIVER.—The Secretary may waive 

15 the application of subparagraph (A)(ii) for an 

16 individual who holds a merchant mariner’s doc17 ument issued under chapter 73 of title 46, 

18 United States Code, or a transportation secu19 rity card issued under section 70105 of such 

20 title. 

21 ‘‘(3) EXEMPTED INDIVIDUAL NOT TREATED AS

22 IN ADDITION TO THE CREW.—An individual who, 

23 under paragraph (1), is not treated as a riding gang 

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1 dition to the crew for the purposes of section 3304 

2 of title 46, United States Code.’’. 

3 SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT 

4 PROGRAM FOR THE MARITIME SECURITY 

5 FLEET. 

6 Section 3517(a) of the Maritime Security Act of 2003 

7 (46 U.S.C. 53101 note; as amended by section 3503 of 

8 the National Defense Authorization Act for Fiscal Year 

9 2006 (119 Stat. 3548)) is amended by adding at the end 

10 the following: 

11 ‘‘(3) EXISTING OPERATING AGREEMENTS.—The 

12 Secretary of Transportation shall, subject to the 

13 availability of appropriations, seek to enter into an 

14 agreement under this section with one or more con15 tractors under an operating agreement under that 

16 chapter that is in effect on the date of the enact17 ment of this paragraph, regarding maintenance and 

18 repair of all vessels that are subject to the operating 

19 agreement.’’. 

20 SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CON21 TRACTS WITH ADJUNCT PROFESSORS AT THE 

22 UNITED STATES MERCHANT MARINE ACAD23 EMY. 

24 (a) IN GENERAL.—The Maritime Administrator may 

25 establish a temporary program for the purpose of, subject 


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1 to the availability of appropriations, contracting with indi2 viduals as personal services contractors to provide services 

3 as adjunct professors at the Academy, if the Maritime Ad4 ministrator determines that there is a need for adjunct 

5 professors and the need is not of permanent duration. 

6 (b) CONTRACT REQUIREMENTS.—Each contract 

7 under the program— 

8 (1) must be approved by the Maritime Adminis9 trator; 

10 (2) subject to paragraph (3), shall be for a du11 ration, including options, of not to exceed one year 

12 unless the Maritime Administrator finds that excep13 tional circumstances justify an extension of up to 

14 one additional year; and 

15 (3) shall terminate not later than 6 months 

16 after the termination of contract authority under 

17 subsection (d). 

18 (c) LIMITATION ON NUMBER OF CONTRACTORS.—In 

19 awarding contacts under the program, the Maritime Ad20 ministrator shall ensure that not more than 25 individuals 

21 actively provide services in any one academic trimester, 

22 or equivalent, as contractors under the program. 

23 (d) TERMINATION OF CONTRACTING AUTHORITY.— 

24 The authority to award contracts under the program shall 

25 terminate upon the expiration of December 31, 2009. 


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1 (e) EXISTING CONTRACTS.—Any contract entered 

2 into before the effective date of this section for the services 

3 of an adjunct professor at the Academy shall remain in 

4 effect for the trimester (or trimesters) for which the serv5 ices were contracted. 

6 (f) DEFINITIONS.—In this section: 

7 (1) ACADEMY.—The term ‘‘Academy’’ means 

8 the United States Merchant Marine Academy. 

9 (2) MARITIME ADMINISTRATOR.—The term 

10 ‘‘Maritime Administrator’’ means the Administrator 

11 of the Maritime Administration, or a designee of the 

12 Administrator. 

13 (3) PROGRAM.—The term ‘‘program’’ means 

14 the program established under subsection (a). 

15 DIVISION D—GOVERNMENTWIDE 

16 ACQUISITION IMPROVEMENTS 

Sec. 4001. Short title. 

TITLE XLI—ENHANCED COMPETITION 

Sec. 4101. Minimizing sole-source contracts. 

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

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

TITLE XLII—CURBING ABUSE-PRONE CONTRACTS 

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

Sec. 4202. Preventing abuse of interagency contracts. 

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

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

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

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

TITLE XLIII—ACQUISITION WORKFORCE 


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Sec. 4301. Acquisition workforce development fund. 

Sec. 4302. Contingency contracting corps. 

TITLE XLIV—ANTI-FRAUD PROVISIONS 

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

certain information. 

Sec. 4402. Mandatory Fraud Reporting. 

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

Sec. 4404. Preventing conflicts of interest. 

TITLE XLV—ENHANCED CONTRACT TRANSPARENCY 

Sec. 4501. Disclosure of CEO salaries. 

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

Sec. 4503. Review of database. 

Sec. 4504. Disclosure in applications. 

Sec. 4505. Role of interagency committee. 

Sec. 4506. Authorization of independent agencies. 

Sec. 4507. Authorization of appropriations. 

Sec. 4508. Report to Congress. 

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

Sec. 4510. Protection of child custody arrangements for parents who are members of the armed forces deployed in support of a contingency 

operation. 

1 SEC. 4001. SHORT TITLE. 

2 This division may be cited as the ‘‘Clean Contracting 

3 Act of 2008’’. 

4 TITLE XLI—ENHANCED 

5 COMPETITION 

6 SEC. 4101. MINIMIZING SOLE-SOURCE CONTRACTS. 

7 (a) PLANS REQUIRED.—Subject to subsection (c), 

8 the head of each executive agency covered by title III of 

9 the Federal Property and Administrative Services Act of 

10 1949 (41 U.S.C. 251 et seq.) or, in the case of the Depart11 ment of Defense, the Under Secretary of Defense for Ac12 quisition, Technology, and Logistics, shall develop and im13 plement a plan to minimize, to the maximum extent prac14 ticable, the use of contracts entered into using procedures 


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1 other than competitive procedures by the agency or de2 partment concerned. The plan shall contain measurable 

3 goals and shall be completed and submitted to the Com4 mittee on Oversight and Government Reform of the House 

5 of Representatives, the Committee on Homeland Security 

6 and Governmental Affairs of the Senate, and the Commit7 tees on Appropriations of the House of Representatives 

8 and the Senate and, in the case of the Department of De9 fense and the Department of Energy, the Committees on 

10 Armed Services of the Senate and the House of Represent11 atives, with a copy provided to the Comptroller General, 

12 not later than 1 year after the date of the enactment of 

13 this Act. 

14 (b) COMPTROLLER GENERAL REVIEW.—The Comp15 troller General shall review the plans provided under sub16 section (a) and submit a report to Congress on the plans 

17 not later than 18 months after the date of the enactment 

18 of this Act. 

19 (c) REQUIREMENT LIMITED TO CERTAIN AGEN20 CIES.—The requirement of subsection (a) shall apply only 

21 to those agencies that awarded contracts in a total amount 

22 of at least $1,000,000,000 in the fiscal year preceding the 

23 fiscal year in which the report is submitted. 

24 (d) CERTAIN CONTRACTS EXCLUDED.—The con25 tracts entered into under the authority of the Small BusiVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00835 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 ness Act shall not be included in the plans developed and 

2 implemented under subsection (a), except contracts that 

3 are awarded pursuant to section 602 of Public Law 100– 

4 656 (as amended by section 22 of Public Law 101–37 

5 (103 Stat. 75), section 2 of title V of Public Law 101– 

6 515 (104 Stat. 2140), section 205 of Public Law 101– 

7 574 (104 Stat. 2819), and section 608 of Public Law 103– 

8 403 (108 Stat. 4204)). 

9 SEC. 4102. LIMITATION ON LENGTH OF CERTAIN NON10 COMPETITIVE CONTRACTS. 

11 (a) CIVILIAN AGENCY CONTRACTS.—Section 303(d) 

12 of the Federal Property and Administrative Services Act 

13 of 1949 (41 U.S.C. 253(d)) is amended by adding at the 

14 end the following new paragraph: 

15 ‘‘(3)(A) The contract period of a contract de16 scribed in subparagraph (B) that is entered into by 

17 an executive agency pursuant to the authority pro18 vided under subsection (c)(2)— 

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

20 ‘‘(I) to meet the unusual and compel21 ling requirements of the work to be per22 formed under the contract; and 

23 ‘‘(II) for the executive agency to enter 

24 into another contract for the required 


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1 goods or services through the use of com2 petitive procedures; and 

3 ‘‘(ii) may not exceed 270 days unless the 

4 head of the executive agency entering into such 

5 contract determines that exceptional cir6 cumstances apply. 

7 ‘‘(B) This paragraph applies to any contract in 

8 an amount greater than $1,000,000.’’. 

9 (b) DEFENSE CONTRACTS.—Section 2304(d) of title 

10 10, United States Code, is amended by adding at the end 

11 the following new paragraph: 

12 ‘‘(3)(A) The contract period of a contract de13 scribed in subparagraph (B) that is entered into by 

14 an agency pursuant to the authority provided under 

15 subsection (c)(2)— 

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

17 ‘‘(I) to meet the unusual and compel18 ling requirements of the work to be per19 formed under the contract; and 

20 ‘‘(II) for the agency to enter into an21 other contract for the required goods or 

22 services through the use of competitive 

23 procedures; and 

24 ‘‘(ii) may not exceed 270 days unless the 

25 head of the agency entering into such contract 


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1 determines that exceptional circumstances 

2 apply. 

3 ‘‘(B) This paragraph applies to any contract in 

4 an amount greater than $1,000,000.’’. 

5 SEC. 4103. REQUIREMENT FOR PURCHASE OF PROPERTY 

6 AND SERVICES PURSUANT TO MULTIPLE 

7 AWARD CONTRACTS. 

8 (a) REGULATIONS REQUIRED.—Not later than 12 

9 months after the date of the enactment of this Act, the 

10 Federal Acquisition Regulation shall be amended to re11 quire enhanced competition in the purchase of property 

12 and services by all executive agencies pursuant to multiple 

13 award contracts. 

14 (b) CONTENT OF REGULATIONS.— 

15 (1) IN GENERAL.—The regulations required by 

16 subsection (a) shall provide, at a minimum, that 

17 each individual purchase of property or services in 

18 excess of the simplified acquisition threshold that is 

19 made under a multiple award contract shall be made 

20 on a competitive basis unless a contracting officer— 

21 (A) waives the requirement on the basis of 

22 a determination that— 

23 (i) one of the circumstances described 

24 in paragraphs (1) through (4) of section 

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1 ministrative Services Act of 1949 (41 

2 U.S.C. 253j(b)) or section 2304c(b) of title 

3 10, United States Code, applies to such in4 dividual purchase; or 

5 (ii) a law expressly authorizes or re6 quires that the purchase be made from a 

7 specified source; and 

8 (B) justifies the determination in writing. 

9 (2) COMPETITIVE BASIS PROCEDURES.—For 

10 purposes of this subsection, an individual purchase 

11 of property or services is made on a competitive 

12 basis only if it is made pursuant to procedures 

13 that— 

14 (A) except as provided in paragraph (3), 

15 require fair notice of the intent to make that 

16 purchase (including a description of the work to 

17 be performed and the basis on which the selec18 tion will be made) to be provided to all contrac19 tors offering such property or services under 

20 the multiple award contract; and 

21 (B) afford all contractors responding to 

22 the notice a fair opportunity to make an offer 

23 and have that offer fairly considered by the offi24 cial making the purchase. 

25 (3) EXCEPTION TO NOTICE REQUIREMENT.— 


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1 (A) IN GENERAL.—Notwithstanding para2 graph (2), and subject to subparagraph (B), no3 tice may be provided to fewer than all contrac4 tors offering such property or services under a 

5 multiple award contract as described in sub6 section (d)(2) if notice is provided to as many 

7 contractors as practicable. 

8 (B) LIMITATION ON EXCEPTION.—A pur9 chase may not be made pursuant to a notice 

10 that is provided to fewer than all contractors 

11 under subparagraph (A) unless— 

12 (i) offers were received from at least 

13 3 qualified contractors; or 

14 (ii) a contracting officer of the execu15 tive agency determines in writing that no 

16 additional qualified contractors were able 

17 to be identified despite reasonable efforts 

18 to do so. 

19 (c) PUBLIC NOTICE REQUIREMENTS RELATED TO

20 SOLE SOURCE TASK OR DELIVERY ORDERS.—Not later 

21 than 12 months after the date of the enactment of this 

22 Act, the Federal Acquisition Regulation shall be amended 

23 to require the head of each executive agency to publish 

24 on— 


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1 (1) FedBizOpps notice of all sole source task or 

2 delivery orders in excess of the simplified acquisition 

3 threshold that are placed against multiple award 

4 contracts not later than 14 days after such orders 

5 are placed, except in the event of extraordinary cir6 cumstances or classified orders; and 

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

8 Governmentwide website selected by the Adminis9 trator for Federal Procurement Policy the deter10 minations required by (b)(1)(B) related to sole 

11 source task or delivery orders placed against mul12 tiple award contracts not later than 14 days after 

13 such orders are placed, except in the event of ex14 traordinary circumstances or classified orders. 

15 (3) This subsection does not require the public 

16 availability of information that is exempt from public 

17 disclosure under section 552(b) of title 5, United 

18 States Code. 

19 (d) DEFINITIONS.—In this section: 

20 (1) The term ‘‘individual purchase’’ means a 

21 task order, delivery order, or other purchase. 

22 (2) The term ‘‘multiple award contract’’ 

23 means— 

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

25 Administrator of General Services under the 


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1 multiple award schedule program referred to in 

2 section 2302(2)(C) of title 10, United States 

3 Code; 

4 (B) a multiple award task order contract 

5 that is entered into under the authority of sec6 tions 2304a through 2304d of title 10, United 

7 States Code, or sections 303H through 303K of 

8 the Federal Property and Administrative Serv9 ices Act of 1949 (41 U.S.C. 253h through 

10 253k); and 

11 (C) any other indefinite delivery, indefinite 

12 quantity contract that is entered into by the 

13 head of an executive agency with 2 or more 

14 sources pursuant to the same solicitation. 

15 (3) The term ‘‘sole source task or delivery 

16 order’’ means any order that does not follow the 

17 competitive base procedures in paragraphs (b)(2) or 

18 (b)(3). 

19 (e) APPLICABILITY.—The regulations required by 

20 subsection (a) shall apply to all individual purchases of 

21 property or services that are made under multiple award 

22 contracts on or after such effective date, without regard 

23 to whether the multiple award contracts were entered into 

24 before, on, or after such effective date. 


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1 TITLE XLII—CURBING ABUSE2 PRONE CONTRACTS 

3 SEC. 4201. REGULATIONS TO MINIMIZE THE INAPPRO4 PRIATE USE OF COST-REIMBURSEMENT CON5 TRACTS. 

6 (a) IN GENERAL.—Not later than 12 months after 

7 the date of the enactment of this Act, the Federal Acquisi8 tion Regulation shall be amended to minimize the inappro9 priate use of cost-reimbursement contracts and to ensure 

10 the proper use of such contracts. 

11 (b) CONTENT.—The regulations required under sub12 section (a) shall— 

13 (1) identify, at a minimum— 

14 (A) the circumstances under which cost re15 imbursement contracts or task or delivery or16 ders are appropriate; 

17 (B) the acquisition plan facts necessary to 

18 support a decision to use cost reimbursement 

19 contracts; 

20 (C) the acquisition workforce resources 

21 necessary to award and manage cost reimburse22 ment contracts; and 

23 (2) establish a requirement for each executive 

24 agency to— 


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1 (A) annually assess its use of cost-reim2 bursement contracts; 

3 (B) establish and implement metrics to 

4 measure progress toward minimizing any inap5 propriate use of cost-reimbursement contracts 

6 identified during the assessment process; and 

7 (C) prepare and submit an annual report 

8 to the Office of Management and Budget as9 sessing progress in meeting the metrics estab10 lished in (B). 

11 (c) COMPTROLLER GENERAL EVALUATIONS.—With12 in one year of the completion of the first annual reports 

13 required by subsection (b)(2)(C), the Comptroller General 

14 shall review the progress of agencies in implementing the 

15 regulations required by (a). 

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

17 of the Office of Management and Budget shall submit an 

18 annual report to Congressional committees identified in 

19 subparagraph (e) and the Comptroller General on the use 

20 of cost-reimbursement contracts and task or delivery or21 ders by all Federal agencies, including the Department of 

22 Defense. The report shall be submitted no later than 

23 March 1 and will cover the fiscal year ending September 

24 30 of the prior year. The report shall include— 


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1 (1) the total number and value of contracts 

2 awarded and orders issued during the covered fiscal 

3 year; 

4 (2) the number and value of cost-reimburse5 ment contracts awarded and orders issued during 

6 the covered fiscal year; 

7 (3) a list of contracts and task and delivery or8 ders identified in subparagraph (2) exceeding ten 

9 million dollars ($10,000,000), whose period of per10 formance, including options, exceeded three years; 

11 the reasons why such contracts or orders could not 

12 be priced or converted to a fixed-price basis; and the 

13 actions being taken by the agency to do so; 

14 (4) a certification by the contracting agency 

15 that for each contract identified in subparagraph (3) 

16 that an appropriate number of trained acquisition 

17 personnel, consistent with the complexity and risk 

18 associated with the contract or order, have been as19 signed to provide oversight of the contractor’s per20 formance; and 

21 (5) a description of each agency’s actions to as22 sure the appropriate use of cost-reimbursement con23 tracts. 

24 (e) CONGRESSIONAL COMMITTEES DEFINED.—The 

25 report required by subsection (d) shall be submitted to the 


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1 Committee on Oversight and Government Reform of the 

2 House of Representatives; the Committee on Homeland 

3 Security and Governmental Affairs of the Senate; the 

4 Committees on Appropriations of the House of Represent5 atives and the Senate; and, in the case of the Department 

6 of Defense and the Department of Energy, the Commit7 tees on Armed Services of the Senate and the House of 

8 Representatives. 

9 (f) REQUIREMENTS LIMITED TO CERTAIN AGEN10 CIES.—The requirements of subsections (b) and (d) shall 

11 apply only to those agencies that awarded contracts and 

12 issued orders in a total amount of at least $1,000,000,000 

13 in the fiscal year proceeding the fiscal year in which the 

14 assessments and reports are submitted. 

15 SEC. 4202. PREVENTING ABUSE OF INTERAGENCY CON16 TRACTS. 

17 (a) OFFICE OF MANAGEMENT AND BUDGET POLICY

18 GUIDANCE.— 

19 (1) REPORT AND GUIDELINES.—Not later than 

20 one year after the date of the enactment of this Act, 

21 the Director of the Office of Management and Budg22 et shall— 

23 (A) submit to Congress a comprehensive 

24 report on interagency acquisitions, including 


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1 their frequency of use, management controls, 

2 cost-effectiveness, and savings generated; and 

3 (B) issue guidelines to assist the heads of 

4 executive agencies in improving the manage5 ment of interagency acquisitions. 

6 (2) MATTERS COVERED BY GUIDELINES.—For 

7 purposes of paragraph (1)(B), the Director shall in8 clude guidelines on the following matters: 

9 (A) Procedures for the use of interagency 

10 acquisitions to maximize competition, deliver 

11 best value to executive agencies, and minimize 

12 waste, fraud, and abuse. 

13 (B) Categories of contracting inappropriate 

14 for interagency acquisition, due to high risk of 

15 waste, fraud, or abuse. 

16 (C) Requirements for training acquisition 

17 workforce personnel in the proper use of inter18 agency acquisitions. 

19 (b) REGULATIONS REQUIRED.—Not later than one 

20 year after the date of the enactment of this Act, the Fed21 eral Acquisition Regulation shall be revised to require that 

22 all interagency acquisitions— 

23 (1) include a written agreement between the re24 questing agency and the servicing agency assigning 


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1 responsibility for the administration and manage2 ment of the contract; 

3 (2) include a determination that an interagency 

4 acquisition is the best procurement alternative; and 

5 (3) include sufficient documentation to ensure 

6 an adequate audit. 

7 (c) AGENCY REPORTING REQUIREMENT.—The senior 

8 procurement executive for each executive agency shall, as 

9 directed by the Director of the Office of Management and 

10 Budget, submit to the Director annual reports on the ac11 tions taken by the executive agency pursuant to the guide12 lines issued under subsection (a). 

13 (d) DEFINITIONS.—In this section: 

14 (1) The term ‘‘executive agency’’ has the mean15 ing given such term in section 4(1) of the Office of 

16 Federal Procurement Policy Act (41 U.S.C. 403(1)). 

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

18 the head of an executive agency except that, in the 

19 case of a military department, the term means the 

20 Secretary of Defense. 

21 (3) The term ‘‘interagency acquisition’’ means 

22 a procedure by which an executive agency needing 

23 supplies or services (the requesting agency) obtains 

24 them from another executive agency (the servicing 

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1 tion 1535 of title 31, United States Code (commonly 

2 referred to as the ‘‘Economy Act’’, Federal Supply 

3 Schedules above $500,000, and Governmentwide ac4 quisition contracts. 

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

6 INTEGRATORS. 

7 (a) PROHIBITION ON NEW LEAD SYSTEMS INTEGRA8 TORS.—(1) Effective October 1, 2010, the head of an ex9 ecutive agency may not award a new contract for lead sys10 tems integrator functions in the acquisition of a major sys11 tem. 

12 (2) PROHIBITION ON LEAD SYSTEMS INTEGRATORS

13 BEYOND DEMONSTRATION LEVEL PHASE.—Effective on 

14 the date of the enactment of this Act, an executive agency 

15 may award a new contract for lead systems integrator 

16 functions in the acquisition of a major system only if— 

17 (A) the contract for the major system does not 

18 proceed beyond the demonstration phase-level; or 

19 (B) the head of the agency determines in writ20 ing that it would not be practicable to carry out ac21 quisition without continuing to use a contractor to 

22 perform lead systems integrator functions and that 

23 doing so is in the best interest of the agency. 

24 (3) REQUIREMENTS RELATING TO DETERMINA25 TIONS.—A determination under paragraph (2)(A)— 


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1 (A) shall specify the reasons why it would not 

2 be practicable to carry out the acquisition continuing 

3 to use a contractor to perform lead integrator func4 tions (including a discussion of alternatives, such as 

5 the use of the agency workforce, or a system engi6 neering and technical assistance contractor); 

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

8 of contracted lead systems integrator functions over 

9 the shortest period of time consistent with the inter10 est of the government; 

11 (C) may not be delegated below the level of the 

12 Chief Acquisition Officer; and 

13 (D) shall be provided to the Committee on 

14 Oversight and Government Reform in the House of 

15 Representatives and the Committee on Homeland 

16 Security and Governmental Affairs in the Senate at 

17 least 45 days before the award of a contract pursu18 ant to the determination. 

19 (b) ACQUISITION WORKFORCE.— 

20 (1) REQUIREMENT.—The head of an executive 

21 agency shall ensure that the acquisition workforce is 

22 of the appropriate size and skill level necessary— 

23 (A) to accomplish inherently governmental 

24 functions related to acquisition of major sys25 tems; and 


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1 (B) to effectuate the purpose of subsection 

2 (a) to minimize and eventually eliminate the use 

3 of contractors to perform lead systems inte4 grator functions. 

5 (2) REPORT.—The head of the agency shall an6 nually include an update on the progress made in 

7 complying with paragraph (1) in the agency’s Per8 formance and Accountability Report. 

9 (c) EXCEPTION FOR CONTRACTS FOR OTHER MAN10 AGEMENT SERVICES.—The head of an executive agency 

11 may continue to award contracts for the procurement of 

12 services the primary purpose of which is to perform acqui13 sition support functions with respect to the development 

14 or production of a major system, if the following condi15 tions are met with respect to each such contract: 

16 (1) The contract prohibits the contractor from 

17 performing inherently governmental functions. 

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

19 development or production of the major system en20 sures that Federal employees are responsible for de21 termining courses of action to be taken in the best 

22 interest of the government. 

23 (3) The contract requires that the prime con24 tractor for the contract may not advise or rec25 ommend the award of a contract or subcontract for 


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1 the development or production of the major system 

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

3 contractor. 

4 (d) DEFINITIONS.—In this section: 

5 (1) LEAD SYSTEMS INTEGRATOR.—The term 

6 ‘‘lead systems integrator’’ means— 

7 (A) a prime contractor for the development 

8 or production of a major system, if the prime 

9 contractor is not expected at the time of award 

10 to perform a substantial portion of the work on 

11 the system and the major subsystems; or 

12 (B) a prime contractor under a contract 

13 for procurement of services the primary purpose 

14 of which to perform acquisition functions closely 

15 associated with inherently governmental func16 tions with respect to the development or pro17 duction of a major system. 

18 (2) MAJOR SYSTEM.—The term ‘‘major system’’ 

19 has the meaning given such term in section 2302d 

20 of title 10, United States Code. 

21 (3) DEMONSTRATION PHASE LEVEL.—For pur22 poses of this section, the term ‘‘demonstration phase 

23 level’’ means— 


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1 (A) work performed prior to first article 

2 testing and approval (as defined in part 9.3 of 

3 the Federal Acquisition Regulation; or 

4 (B) a level comparable to the level identi5 fied in subparagraph (A) which the FAR Coun6 cil determines, by regulation, after consider7 ation of the definition of low-rate initial produc8 tion (as defined in section 2400 of title 10, 

9 United States Code. 

10 (e) INAPPLICABILITY TO DEPARTMENT OF DE11 FENSE.—This section does not apply to the Department 

12 of Defense. 

13 SEC. 4204. REGULATIONS ON EXCESSIVE PASS-THROUGH 

14 CHARGES. 

15 (a) REGULATIONS REQUIRED.— 

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

17 enactment of this Act, the Federal Acquisition Regu18 lation shall be amended ensure that excessive pass19 through charges on contracts or (or task or delivery 

20 orders) are not paid by the Federal Government. 

21 (2) SCOPE OF REGULATIONS.—The regulations 

22 prescribed under this subsection— 

23 (A) shall not apply to any firm, fixed-price 

24 contract or subcontract (or task or delivery 

25 order) that is— 


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1 (i) awarded on the basis of adequate 

2 price competition; or 

3 (ii) for the acquisition of a commercial 

4 item, as defined in section 4(12) of the Of5 fice of Federal Procurement Policy Act (41 

6 U.S.C. 403(12)); and 

7 (B) may include such additional exceptions 

8 as the Federal Acquisition Regulation Council 

9 determines to be necessary in the interest of the 

10 government. 

11 (3) DEFINITION.—In this section, the term ‘‘ex12 cessive pass-through charge’’ means a charge to the 

13 Government by the contractor or subcontractor that 

14 is for overhead or profit on work performed by a 

15 lower-tier contractor or subcontractor (other than 

16 charges for the direct costs of managing lower-tier 

17 contracts and subcontracts and overhead and profit 

18 based on such direct costs) and for which the con19 tractor or subcontractor adds no, or negligible, value 

20 to a contract or subcontract. 

21 (b) INAPPLICABILITY TO DEPARTMENT OF DE22 FENSE.—This section does not apply to the Department 

23 of Defense. 


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

2 ACQUISITION OUTCOMES. 

3 (a) GUIDANCE ON LINKING OF AWARD AND INCEN4 TIVE FEES TO ACQUISITION OUTCOMES.—Not later than 

5 12 months after the date of the enactment of this Act, 

6 the Federal Acquisition Regulation shall be amended to 

7 provide executive agencies with instructions, including 

8 definitions, on the appropriate use of award and incentive 

9 fees in Federal acquisition programs. 

10 (b) ELEMENTS.—The regulations under subsection 

11 (a) shall— 

12 (1) ensure that all new contracts using award 

13 fees link such fees to acquisition outcomes (which 

14 shall be defined in terms of program cost, schedule, 

15 and performance); 

16 (2) establish standards for identifying the ap17 propriate level of officials authorized to approve the 

18 use of award and incentive fees in new contracts; 

19 (3) provide guidance on the circumstances in 

20 which contractor performance may be judged to be 

21 ‘‘excellent’’ or ‘‘superior’’ and the percentage of the 

22 available award fee which contractors should be paid 

23 for such performance; 

24 (4) establish standards for determining the per25 centage of the available award fee, if any, which con26 tractors should be paid for performance that is 


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1 judged to be ‘‘acceptable’’, ‘‘average’’, ‘‘expected’’, 

2 ‘‘good’’, or ‘‘satisfactory’’; 

3 (5) ensure that no award fee may be paid for 

4 contractor performance that is judged to be below 

5 satisfactory performance or performance that does 

6 not meet the basic requirements of the contract; 

7 (6) provide specific direction on the cir8 cumstances, if any, in which it may be appropriate 

9 to roll over award fees that are not earned in one 

10 award fee period to a subsequent award fee period 

11 or periods; 

12 (7) ensure consistent use of guidelines and defi13 nitions relating to award and incentive fees across 

14 the Federal Government; 

15 (8) ensure that each executive agency— 

16 (A) collects relevant data on award and in17 centive fees paid to contractors; and 

18 (B) has mechanisms in place to evaluate 

19 such data on a regular basis; 

20 (9) include performance measures to evaluate 

21 the effectiveness of award and incentive fees as a 

22 tool for improving contractor performance and 

23 achieving desired program outcomes; and 

24 (10) provide mechanisms for sharing proven in25 centive strategies for the acquisition of different 


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1 types of products and services among contracting 

2 and program management officials. 

3 SEC. 4206. MINIMIZING ABUSE OF COMMERCIAL SERVICES 

4 ITEM AUTHORITY. 

5 (a) REGULATIONS REQUIRED.—Not later than 180 

6 days after the date of the enactment of this Act, the Fed7 eral Acquisition Regulation shall be amended for the pro8 curement of commercial services. 

9 (b) APPLICABILITY OF COMMERCIAL PROCE10 DURES.— 

11 (1) SERVICES OF A TYPE SOLD IN MARKET12 PLACE.—The regulations modified pursuant to sub13 section (a) shall ensure that services that are not of14 fered and sold competitively in substantial quantities 

15 in the commercial marketplace, but are of a type of16 fered and sold competitively in substantial quantities 

17 in the commercial marketplace, may be treated as 

18 commercial items for purposes of section 254b of 

19 title 41, United States Code (relating to truth in ne20 gotiations), only if the contracting officer determines 

21 in writing that the offeror has submitted sufficient 

22 information to evaluate, through price analysis, the 

23 reasonableness of the price for such services. 

24 (2) INFORMATION SUBMITTED.—To the extent 

25 necessary to make a determination under paragraph 


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1 (1), the contracting officer may request the offeror 

2 to submit— 

3 (A) prices paid for the same or similar 

4 commercial items under comparable terms and 

5 conditions by both government and commercial 

6 customers; and 

7 (B) if the contracting officer determines 

8 that the information described in subparagraph 

9 (A) is not sufficient to determine the reason10 ableness of price, other relevant information re11 garding the basis for price or cost, including in12 formation on labor costs, material costs, and 

13 overhead rates. 

14 (c) TIME-AND-MATERIALS CONTRACTS.— 

15 (1) COMMERCIAL ITEM ACQUISITIONS.—The 

16 regulations pursuant to subsection (a) shall ensure 

17 that procedures applicable to time-and-materials 

18 contracts and labor-hour contracts for commercial 

19 item acquisitions may be used only for the following: 

20 (A) Services procured for support of a 

21 commercial item, as described in section 

22 4(12)(E) of the Office Federal Procurement 

23 Policy Act (41 U.S.C. 403(12)(E)). 

24 (B) Emergency repair services. 


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1 (C) Any other commercial services only to 

2 the extent that the head of the agency con3 cerned approves a determination in writing by 

4 the contracting officer that— 

5 (i) the services to be acquired are 

6 commercial services as defined in section 

7 4(12)(F) of the Office of Federal Procure8 ment Policy Act (41 U.S.C. 403(12)(F)); 

9 (ii) if the services to be acquired are 

10 subject to subsection (b), the offeror of the 

11 services has submitted sufficient informa12 tion in accordance with that subsection; 

13 (iii) such services are commonly sold 

14 to the general public through use of time15 and-materials or labor-hour contracts; and 

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

17 labor-hour contract type is in the best in18 terest of the Government. 

19 (2) NON-COMMERCIAL ITEM ACQUISITIONS.— 

20 Nothing in this subsection shall be construed to pre21 clude the use of procedures applicable to time-and22 materials contracts and labor-hour contracts for 

23 non-commercial item acquisitions for the acquisition 

24 of any category of services. 


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1 TITLE XLIII—ACQUISITION 

2 WORKFORCE 

3 SEC. 4301. ACQUISITION WORKFORCE DEVELOPMENT 

4 FUND. 

5 (a) PURPOSE.—The purpose of this section is to en6 sure that there are resources available to recruit, hire, 

7 educate, train and retain members of the Federal acquisi8 tion workforce with the requisite competencies and skills 

9 to ensure that the government receives best value property 

10 and services in its acquisitions. 

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

12 Federal Property and Administrative Services Act of 1949 

13 (40 U.S.C. 101, et seq.) is amended by adding at the end 

14 the following new section: 

15 ‘‘SEC. 324. ACQUISITION WORKFORCE DEVELOPMENT 

16 FUND. 

17 ‘‘(a) The Administrator of General Services shall es18 tablish an acquisition workforce development fund. 

19 ‘‘(1) The Administrator shall manage the fund 

20 through the Federal Acquisition Institute to recruit, 

21 hire, educate, train and retain members of the acqui22 sition workforce of the executive agencies other than 

23 the Department of Defense. 

24 ‘‘(2) The Administrator, in consultation with 

25 the Administrator for Federal Procurement Policy 


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1 and the Chief Acquisition Officers or Senior Pro2 curement Executives, as appropriate, of the execu3 tive agencies, other than the Department of Defense, 

4 shall issue detailed guidance for the administration 

5 and use of the Fund. Such guidance shall include 

6 provisions— 

7 ‘‘(A) requiring agencies to identify mem8 bers of their acquisition workforce consistent 

9 with section 433(i) of title 41. 

10 ‘‘(B) identifying areas of need in the acqui11 sition workforce for which amounts in the Fund 

12 may be used, including— 

13 ‘‘(i) changes to the types of skills 

14 needed; 

15 ‘‘(ii) incentives to retain qualified, ex16 perienced personnel; and 

17 ‘‘(iii) incentives for attracting new, 

18 high-quality personnel; 

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

20 applications for amounts in the Fund to be sub21 mitted; 

22 ‘‘(D) describing the evaluation criteria to 

23 be used for approving or prioritizing applica24 tions for amounts in the Fund in any fiscal 

25 year; and 


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1 ‘‘(E) describing measurable objectives of 

2 performance for determining whether amounts 

3 in the Fund are being used in compliance with 

4 this section. 

5 ‘‘(3) The Director of the Office of Management 

6 and Budget shall be the approving official for any 

7 disbursements from the Fund. 

8 ‘‘(4) The costs of administering the fund, in9 cluding the direct and indirect costs of those employ10 ees, not to exceed 5 percent per annum, shall be 

11 paid out of the fund. 

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

13 pay the base salary of any full-time equivalent posi14 tion currently filled as of date of enactment of the 

15 Clean Contracting Act of 2008. 

16 ‘‘(b) There shall be credited to the acquisition work17 force development fund the following percentages of the 

18 value of funds expended by executive agencies for service 

19 contracts, other than services relating to research and de20 velopment and services relating to construction: 

21 ‘‘(1) For fiscal year 2009, 0.5 percent. 

22 ‘‘(2) For fiscal year 2010, 1 percent. 

23 ‘‘(3) For fiscal year 2011, 1.5 percent. 

24 ‘‘(4) For any fiscal year after fiscal year 2011, 

25 2 percent. 


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1 ‘‘(c) The Director of the Office and Management and 

2 Budget may reduce the amount to be credited upon a de3 termination that the funds being credited are excess to 

4 the needs of the acquisition workforce development fund. 

5 In no event shall the Director of the Office of Management 

6 Budget reduce the percentage for any fiscal year below 

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

8 of an amount equal to the following: 

9 ‘‘(1) For fiscal year 2009, 75,000,000. 

10 ‘‘(2) For fiscal year 2010, 100,000,000. 

11 ‘‘(3) For fiscal year 2011, 125,000,000. 

12 ‘‘(4) For an fiscal year after 2011, 

13 150,000,000. 

14 ‘‘(d) Not later than 30 days after the end of fiscal 

15 year 2008, and 30 days after the end of each fiscal year 

16 quarter thereafter, the head of each executive agency shall 

17 remit to the General Services Administration the amount 

18 required to be credited to the fund with respect to the 

19 contracts, leases, task and delivery order described in sub20 section (b). 

21 ‘‘(e) The Administrator of General Services, through 

22 the Office of the Chief Acquisition Officer, shall ensure 

23 that funds collected under this section are not used for 

24 any purposes other than the purposes specified in sub25 section (a). 


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

2 to funds requested and appropriated for salaries, benefits, 

3 education and training for all current acquisition work4 force members. 

5 ‘‘(g) Amounts credited to the fund shall remain avail6 able until expended. 

7 ‘‘(h) Not later than 60 days after the end of each 

8 fiscal year beginning with fiscal year 2008, the Adminis9 trator of General Services shall submit to the congres10 sional committees identified in subsection (i) a report on 

11 the operation of the fund during such fiscal year. Each 

12 report shall include, for the fiscal year covered by such 

13 report, the following: 

14 ‘‘(1) A statement of the amounts remitted to 

15 the Administrator for crediting to the Fund for such 

16 fiscal year by each executive agency and a statement 

17 of the amounts credited to the Fund. 

18 ‘‘(2) A description of the expenditures made 

19 from the Fund, including the purpose of such ex20 penditures. 

21 ‘‘(3) A description and assessment of improve22 ments in the Federal acquisition workforce resulting 

23 from such expenditures, including the extent to 

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1 ative to the number of individuals in the acquisition 

2 workforce as of the date of enactment. 

3 ‘‘(4) Recommendations for additional authori4 ties to fulfill the purpose of the Fund. 

5 ‘‘(5) A statement of the balance remaining in 

6 the Fund at the end of such fiscal year. 

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

8 submitted to the Committee on Oversight and Government 

9 Reform of the House of Representatives; the Committee 

10 on Homeland Security and Governmental Affairs of the 

11 Senate; and the Committees on Appropriations of the 

12 House of Representatives and the Senate. 

13 ‘‘(j) No expired balances appropriated prior to the 

14 date of the enactment of the Clean Contracting Act of 

15 2008 may be used to make any payment to the Acquisition 

16 Workforce Development Fund.’’. 

17 (c) EXCEPTION.—This section and the amendments 

18 made by this section shall not apply to the acquisition 

19 workforce of the Department of Defense. 

20 SEC. 4302. CONTINGENCY CONTRACTING CORPS. 

21 The Office of Federal Procurement Policy Act (41 

22 U.S.C. 403 et seq.), as amended by section 102, is further 

23 amended by adding at the end the following new section: 


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1 ‘‘SEC. 44. CONTINGENCY CONTRACTING CORPS. 

2 ‘‘(a) ESTABLISHMENT.—The Administrator of Gen3 eral Services in consultation with the Director of the Of4 fice of Management and Budget, the Secretary of Defense 

5 and the Secretary of Homeland Security, shall establish 

6 a Governmentwide Contingency Contracting Corps (in this 

7 section, referred to as the ‘Corps’). The members of the 

8 Corps shall be available for deployment in responding to 

9 an emergency or major disaster, or a contingency oper10 ation, within or outside the continental United States. 

11 ‘‘(b) APPLICABILITY.—The authorities provided in 

12 this section apply with respect to any procurement of 

13 property or services by or for an executive agency that, 

14 as determined by the head of such executive agency, are 

15 to be used— 

16 ‘‘(1) in support of a contingency operation as 

17 defined in section 101(a)(13) of title 10, United 

18 States Code; or 

19 ‘‘(2) to respond to an emergency or major dis20 aster as defined in section 5122 of title 41, United 

21 States Code. 

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

23 be voluntary and open to all Federal employees and uni24 formed members of the Armed Services, who are currently 

25 members of the Federal acquisition workforce. As a condi26 tion precedent to membership in the Corps, each volunteer 


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1 will execute a mobility agreement consistent with the pro2 visions included in sections 3371 through 3375 of title 5, 

3 United States Code. 

4 ‘‘(d) EDUCATION AND TRAINING.—The Director of 

5 the Federal Acquisition Institute, in consultation with the 

6 Chief Acquisition Officers Council shall establish edu7 cational and training requirements for members of the 

8 Corps, and shall pay for these additional requirements 

9 from funds available in the acquisition workforce develop10 ment fund or the Department of Defense Acquisition 

11 Workforce Development Fund. 

12 ‘‘(e) CLOTHING AND EQUIPMENT.—The Adminis13 trator shall identify any necessary clothing and equipment 

14 requirements, and shall pay for this clothing and equip15 ment from funds available in the acquisition workforce de16 velopment fund or the Department of Defense Acquisition 

17 Workforce Development Fund. 

18 ‘‘(f) SALARY.—The salaries for members of the Corps 

19 shall be paid by their parent agencies out of funds avail20 able. 

21 ‘‘(g) AUTHORITY TO DEPLOY THE CORPS.—The Di22 rector of the Office of Management and Budget shall have 

23 the authority to determine when members of the Corps 

24 shall be deployed, in consultation with the head of the 

25 agency or agencies employing the members to be deployed. 


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1 ‘‘(h) ANNUAL REPORT.— 

2 ‘‘(1) IN GENERAL.—The Administrator of Gen3 eral Services shall provide to the Committee on 

4 Homeland Security and Governmental Affairs and 

5 the Committee on Armed Services of the Senate and 

6 the Committee on Oversight and Government Re7 form and the Committee on Armed Services of the 

8 House of Representatives an annual report on the 

9 status of the Contingency Contracting Corps as of 

10 September 30 of each fiscal year. 

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

12 under paragraph (1) shall include the number of 

13 members of the Contingency Contracting Corps, the 

14 total cost of operating the program, the number of 

15 deployments of members of the program, and the 

16 performance of members of the program in deploy17 ment.’’. 

18 TITLE XLIV—ANTI-FRAUD 

19 PROVISIONS 

20 SEC. 4401. PROTECTION FOR CONTRACTOR EMPLOYEES 

21 FROM REPRISAL FOR DISCLOSURE OF CER22 TAIN INFORMATION. 

23 (a) INCREASED PROTECTION FROM REPRISAL.— 

24 Subsection (a) of section 315 of the Federal Property and 


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1 Administrative Services Act of 1949 (41 U.S.C. 265(a), 

2 is amended— 

3 (1) by striking ‘‘disclosing to a Member of Con4 gress’’ and inserting ‘‘disclosing to a Member of 

5 Congress, a representative of a committee of Con6 gress, an Inspector General, the Government Ac7 countability Office, an employee of an executive 

8 agency responsible for contract oversight or manage9 ment,’’; and 

10 (2) by striking ‘‘information relating to a sub11 stantial violation of law related to a contract (includ12 ing the competition for or negotiation of a con13 tract)’’ and inserting ‘‘information that the employee 

14 reasonably believes is evidence of gross mismanage15 ment of an executive agency contract or grant, a 

16 gross waste of executive agency funds, a substantial 

17 and specific danger to public health or safety, or a 

18 violation of law related to an executive agency con19 tract (including the competition for or negotiation of 

20 a contract) or grant’’. 

21 (b) CLARIFICATION OF INSPECTOR GENERAL DE22 TERMINATION.—Subsection (b) of such section is amend23 ed— 

24 (1) by inserting ‘‘(1)’’ after ‘‘INVESTIGATION

25 OF COMPLAINTS.—’’; and 


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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2)(A) Except as provided under subparagraph (B), 

4 the Inspector General shall make a determination that a 

5 complaint is frivolous or submit a report under paragraph 

6 (1) within 180 days after receiving the complaint. 

7 ‘‘(B) If the Inspector General is unable to complete 

8 an investigation in time to submit a report within the 180- 

9 day period specified in subparagraph (A) and the person 

10 submitting the complaint agrees to an extension of time, 

11 the Inspector General shall submit a report under para12 graph (1) within such additional period of time as shall 

13 be agreed upon between the Inspector General and the 

14 person submitting the complaint.’’. 

15 (c) ACCELERATION OF SCHEDULE FOR DENYING RE16 LIEF OR PROVIDING REMEDY.—Subsection (c) of such 

17 section is amended in paragraph (1), by striking ‘‘If the 

18 head of an executive agency determines that a contractor 

19 has subjected a person to a reprisal prohibited by sub20 section (a), the head of the agency may’’ and inserting 

21 after ‘‘(1)’’ the following: ‘‘Not later than 30 days after 

22 receiving an Inspector General report pursuant to sub23 section (b), the head of an executive agency concerned 

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1 plainant to a reprisal prohibited by subsection (a) and 

2 shall either issue an order denying relief or shall’’. 

3 (d) DEFINITIONS.—Subsection (e) of such section is 

4 amended in paragraph (2), by inserting ‘‘or a grant’’ after 

5 ‘‘a contract’’. 

6 SEC. 4402. MANDATORY FRAUD REPORTING. 

7 (a) AMENDMENT OF FEDERAL ACQUISITION REGU8 LATION.—The Federal Acquisition Regulation shall be 

9 amended within 180 days after the date of the enactment 

10 of this Act pursuant to FAR Case 2007–006 (as published 

11 at 72 Fed. Reg. 64019, November 14, 2007) or any fol12 low-on FAR case to include provisions that require timely 

13 notification by Federal contractors of violations of Federal 

14 criminal law or overpayments in connection with the 

15 award or performance of covered contracts or sub16 contracts, including those performed outside the United 

17 States and those for commercial items. 

18 (b) COVERED CONTRACT DEFINED.—In this section, 

19 the term ‘‘covered contract’’ means any contract in an 

20 amount greater than $5,000,000 and more than 120 days 

21 in duration. 

22 SEC. 4403. ACCESS OF GENERAL ACCOUNTING OFFICE TO 

23 CONTRACTOR EMPLOYEES. 

24 (a) CIVILIAN AGENCIES.—Section 304C of the Fed25 eral Property and Administrative Services Act of 1949 (41 


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1 U.S.C. 254d) is amended in subsection (c)(1) by inserting 

2 after ‘‘records’’ the following ‘‘, or interview any em3 ployee,’’. 

4 (b) DEFENSE AGENCIES.—Section 2313 of title 10, 

5 United States Code, is amended in subsection (c)(1) by 

6 inserting after ‘‘records’’ the following ‘‘, or interview any 

7 employee,’’. 

8 SEC. 4404. PREVENTING CONFLICTS OF INTEREST. 

9 (a) ORGANIZATIONAL CONFLICTS OF INTEREST.— 

10 Not later than 12 months after the date of the enactment 

11 of this Act, the Administrator of the Office of Federal 

12 Procurement Policy shall review the Federal Acquisition 

13 Regulation to determine whether it contains sufficiently 

14 rigorous, comprehensive, and uniform Governmentwide 

15 policies to prevent and mitigate organizational conflicts of 

16 interest in Federal contracting. In reviewing such regula17 tions, the Administrator and the Federal Acquisition Reg18 ulatory Council, in consultation with the Office of Govern19 ment Ethics, shall, at a minimum, make appropriate revi20 sions to the regulations to— 

21 (1) establish a standard organizational conflict 

22 of interest clause, or a set of standard organizational 

23 conflict of interest clauses, for inclusion in solicita24 tions and contracts that set forth the contractor’s 

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1 contractors, partners, and any other affiliated orga2 nizations or individuals; 

3 (2) address conflicts that may arise in the con4 text of developing requirements and statements of 

5 work, the selection process, and contract administra6 tion; 

7 (3) ensure that adequate organizational conflict 

8 of interest safeguards are enacted in situations in 

9 which contractors are employed by the Federal Gov10 ernment to oversee other contractors or are hired to 

11 assist in the acquisition process; and 

12 (4) ensure that any policies or clauses developed 

13 address conflicts of interest that may arise from fi14 nancial interests, unfair competitive advantages, and 

15 impaired objectivity. 

16 (b) PERSONAL CONFLICTS OF INTEREST.—Not later 

17 than 12 months after the date of the enactment of this 

18 Act, the Federal Acquisition Regulation shall be amended 

19 to establish uniform, Governmentwide policies to prevent 

20 personal conflicts of interest by contractor employees in 

21 Federal contracting. In developing such regulations, the 

22 Federal Acquisition Regulatory Council, in consultation 

23 with the Office of Government Ethics, shall, at a min24 imum— 


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1 (1) develop a standard contractor employee per2 sonal conflicts of interest clause or a set of standard 

3 clauses for inclusion in solicitations and contracts 

4 that set forth the contractor’s responsibility to en5 sure that employees who are performing contracted 

6 services for the Federal Government are free of per7 sonal conflicts of interest; 

8 (2) identify the contracting methods, types and 

9 services that raise heightened concerns for potential 

10 conflicts of interest; and 

11 (3) establish specified principles, examples, a 

12 definition of personal conflicts of interest relevant to 

13 contractor employees working on Federal Govern14 ment contracts, specific prohibitions, and where ap15 plicable, greater disclosure for certain contractor em16 ployees, that will accomplish the end objective of eth17 ical behavior. 

18 (c) BEST PRACTICES.—The Administrator of the Of19 fice of Federal Procurement Policy, in consultation with 

20 the Office of Governmentwide Ethics, shall develop and 

21 maintain a repository of best practices relating to the pre22 vention and mitigation of organizational and personal con23 flicts of interest. 


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1 TITLE XLV—ENHANCED 

2 CONTRACT TRANSPARENCY 

3 SEC. 4501. DISCLOSURE OF CEO SALARIES. 

4 (a) DISCLOSURE REQUIREMENTS.—Section 2(b)(1) 

5 of the Federal Funding Accountability and Transparency 

6 Act (Public Law 109–282; 31 U.S.C. 6101 note) is 

7 amended— 

8 (1) by striking ‘‘and’’ at the end of subpara9 graph (E); 

10 (2) by redesignating subparagraph (F) as sub11 paragraph (G); and 

12 (3) by inserting after subparagraph (E) the fol13 lowing new subparagraph: 

14 ‘‘(F) the names and total compensation of 

15 the five most highly compensated officers of the 

16 entity if— 

17 ‘‘(i) the entity in the preceding fiscal 

18 year received— 

19 ‘‘(I) 80 percent or more of its an20 nual gross revenues in Federal 

21 awards; and 

22 ‘‘(II) $25,000,000 or more in an23 nual gross revenues from Federal 

24 awards; and 


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1 ‘‘(ii) the public does not have access 

2 to information about the compensation of 

3 the senior executives of the entity through 

4 periodic reports filed under section 13(a) 

5 or 15(d) of the Securities Exchange Act of 

6 1934 (15 U.S.C. 78m(a), 78o(d)) or sec7 tion 6104 of the Internal Revenue Code of 

8 1986.’’. 

9 (b) REGULATIONS REQUIRED.—The Director of the 

10 Office of Management and Budget shall promulgate regu11 lations to implement the amendment made by this title. 

12 Such regulations shall include a definition of ‘‘total com13 pensation’’ that is consistent with regulations of the Secu14 rities and Exchange Commission at section 402 of part 

15 229 of title 17 of the Code of Federal Regulations (or any 

16 subsequent regulation). 

17 SEC. 4502. DATABASE FOR CONTRACTING OFFICERS AND 

18 SUSPENSION AND DEBARMENT OFFICIALS. 

19 (a) IN GENERAL.—Subject to the authority, direc20 tion, and control of the Director of the Office of Manage21 ment and Budget, the Administrator of General Services 

22 shall establish and maintain a database of information re23 garding integrity and performance of persons awarded 

24 Federal contracts and grants for use by Federal officials 

25 having authority over contracts and grants. 


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1 (b) PERSONS COVERED.—The database shall cover 

2 any person awarded a Federal contract or grant if any 

3 information described in subsection (c) exists with respect 

4 to such person. 

5 (c) INFORMATION INCLUDED.—With respect to a 

6 person awarded a Federal contract or grant, the database 

7 shall include information (in the form of a brief descrip8 tion) for at least the most recent 5-year period regard9 ing— 

10 (1) any civil or criminal proceeding, or any ad11 ministrative proceeding to the extent that such pro12 ceeding results in both a finding of fault on the part 

13 of the person and the payment of restitution to a 

14 government of $5,000 or more, concluded by the 

15 Federal Government or any State government 

16 against the person, and any amount paid by the per17 son to the Federal Government or a State govern18 ment; 

19 (2) all Federal contracts and grants awarded to 

20 the person that were terminated in such period due 

21 to default; 

22 (3) all Federal suspensions and debarments of 

23 the person in that period; 

24 (4) all Federal administrative agreements en25 tered into by the person and the Federal GovernVerDate Aug 31 2005 03:10 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00877 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.PCS H5658

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1 ment in that period to resolve a suspension or debar2 ment proceeding and, to the maximum extent prac3 ticable, agreements involving a suspension or debar4 ment proceeding entered into by the person and a 

5 State government in that period; and 

6 (5) all final findings by a Federal official in 

7 that period that the person has been determined not 

8 to be a responsible source under either subparagraph 

9 (C) or (D) of section 4(7) of the Office of Federal 

10 Procurement Policy Act (41 U.S.C. 403(7)). 

11 (d) REQUIREMENTS RELATING TO INFORMATION IN

12 DATABASE.— 

13 (1) DIRECT INPUT AND UPDATE.—The Admin14 istrator shall design and maintain the database in a 

15 manner that allows the appropriate officials of each 

16 Federal agency to directly input and update in the 

17 database information relating to actions it has taken 

18 with regard to contractors or grant recipients. 

19 (2) TIMELINESS AND ACCURACY.—The Admin20 istrator shall develop policies to require— 

21 (A) the timely and accurate input of infor22 mation into the database; 

23 (B) notification of any covered person 

24 when information relevant to the person is en25 tered into the database; and 


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1 (C) an opportunity for any covered person 

2 to append comments to information about such 

3 person in the database. 

4 (e) AVAILABILITY.— 

5 (1) AVAILABILITY TO ALL FEDERAL AGEN6 CIES.—The Administrator shall make the database 

7 available to all Federal agencies. 

8 (2) AVAILABILITY TO THE PUBLIC.—The Ad9 ministrator shall make the database available to the 

10 public by posting the database on the General Serv11 ices Administration website. 

12 (3) LIMITATION.—This subsection does not re13 quire the public availability of information that is 

14 exempt from public disclosure under section 552(b) 

15 of title 5, United States Code. 

16 SEC. 4503. REVIEW OF DATABASE. 

17 (a) REQUIREMENT TO REVIEW DATABASE.—Prior to 

18 the award of a contract or grant, an official responsible 

19 for awarding a contract or grant shall review the database 

20 established under section 2. 

21 (b) REQUIREMENT TO DOCUMENT PRESENT RE22 SPONSIBILITY.—In the case of a prospective awardee of 

23 a contract or grant against which a judgment or conviction 

24 has been rendered more than once within any 3-year pe25 riod for the same or similar offences, if each judgment 


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1 or conviction is a cause for debarment, the official respon2 sible for awarding the contract or grant shall document 

3 why the prospective awardee is considered presently re4 sponsible. 

5 SEC. 4504. DISCLOSURE IN APPLICATIONS. 

6 (a) REQUIREMENT.—Not later than 180 days after 

7 the date of the enactment of this Act, Federal regulations 

8 shall be amended to require that in applying for any Fed9 eral grant or submitting a proposal or bid for any Federal 

10 contract a person shall disclose in writing information de11 scribed in section 2(c). 

12 (b) COVERED CONTRACTS AND GRANTS.—This sec13 tion shall apply only to contracts and grants in an amount 

14 greater than the simplified acquisition threshold, as de15 fined in section 4(11) of the Office of Federal Procure16 ment Policy Act (41 U.S.C. 401(11)). 

17 SEC. 4505. ROLE OF INTERAGENCY COMMITTEE. 

18 (a) REQUIREMENT.—The Interagency Committee on 

19 Debarment and Suspension shall— 

20 (1) resolve issues regarding which of several 

21 Federal agencies is the lead agency having responsi22 bility to initiate suspension or debarment pro23 ceedings; 

24 (2) coordinate actions among interested agen25 cies with respect to such action; 


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1 (3) encourage and assist Federal agencies in 

2 entering into cooperative efforts to pool resources 

3 and achieve operational efficiencies in the Govern4 mentwide suspension and debarment system; 

5 (4) recommend to the Office of Management 

6 and Budget changes to Government suspension and 

7 debarment system and its rules, if such rec8 ommendations are approved by a majority of the 

9 Interagency Committee; 

10 (5) authorize the Office of Management and 

11 Budget to issue guidelines that implement those rec12 ommendations; 

13 (6) authorize the chair of the Committee to es14 tablish subcommittees as appropriate to best enable 

15 the Interagency Committee to carry out its func16 tions; and 

17 (7) submit to the Congress an annual report 

18 on— 

19 (A) the progress and efforts to improve the 

20 suspension and debarment system; 

21 (B) member agencies’ active participation 

22 in the committee’s work; and 

23 (C) a summary of each agency’s activities 

24 and accomplishments in the Governmentwide 

25 debarment system. 


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1 (b) DEFINITION.—The term ‘‘Interagency Committee 

2 on Debarment and Suspension’’ means such committee 

3 constituted under sections 4 and 5 and of Executive Order 

4 No. 12549. 

5 SEC. 4506. AUTHORIZATION OF INDEPENDENT AGENCIES. 

6 Any agency, commission, or organization of the Fed7 eral Government to which Executive Order No. 12549 

8 does not apply is authorized to participate in the Govern9 mentwide suspension and debarment system and may rec10 ognize the suspension or debarment issued by an executive 

11 branch agency in its own procurement or assistance activi12 ties. 

13 SEC. 4507. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated to the Ad15 ministrator of General Services such funds as may be nec16 essary to establish the database described in section 2. 

17 SEC. 4508. REPORT TO CONGRESS. 

18 (a) REPORT REQUIRED.—Not later than 180 days 

19 after the date of the enactment of this Act, the Adminis20 trator of General Services shall submit to Congress a re21 port. 

22 (b) CONTENTS OF REPORT.—The report shall con23 tain the following: 

24 (1) A list of all databases that include informa25 tion about Federal contracting and Federal grants. 


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1 (2) Recommendations for further legislation or 

2 administrative action that the Administrator con3 siders appropriate to create a centralized, com4 prehensive Federal contracting and Federal grant 

5 database. 

6 SEC. 4509. IMPROVEMENTS TO THE FEDERAL PROCURE7 MENT DATA SYSTEM. 

8 (a) ENHANCED TRANSPARENCY ON INTERAGENCY

9 CONTRACTING AND OTHER TRANSACTIONS.—Not later 

10 than 12 months after the date of the enactment of this 

11 Act, the Director of the Office of Management and Budget 

12 shall direct appropriate revisions to the Federal Procure13 ment Data System or any successor system to facilitate 

14 the collection of complete, timely, and reliable data on 

15 interagency contracting actions and on transactions other 

16 than contracts, grants, and cooperative agreements issued 

17 pursuant to section 2371 of title 10, United States Code, 

18 or similar authorities. The Director shall ensure that data, 

19 consistent with what is collected for contract actions, is 

20 obtained on— 

21 (1) interagency contracting actions, including 

22 data at the task or delivery-order level; and 

23 (2) other transactions, including the initial 

24 award and any subsequent modifications awarded or 

25 orders issued. 


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1 (b) AMENDMENT.—Subsection (d) of section 19 of 

2 the Office of Federal Procurement Policy Act (41 U.S.C. 

3 417(d)) is amended to read as follows: 

4 ‘‘(d) TRANSMISSION AND DATA ENTRY OF INFORMA5 TION.—The head of each executive agency shall ensure the 

6 accuracy of the information included in the record estab7 lished and maintained by such agency under subsection 

8 (a) and shall timely transmit such information to the Gen9 eral Services Administration for entry into the Federal 

10 Procurement Data System referred to in section 6(d)(4), 

11 or any successor system.’’. 

12 SEC. 4510. PROTECTION OF CHILD CUSTODY ARRANGE13 MENTS FOR PARENTS WHO ARE MEMBERS OF 

14 THE ARMED FORCES DEPLOYED IN SUPPORT 

15 OF A CONTINGENCY OPERATION. 

16 (a) CHILD CUSTODY PROTECTION.—Title II of the 

17 Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 

18 seq.) is amended by adding at the end the following new 

19 section: 

20 ‘‘SEC. 208. CHILD CUSTODY PROTECTION. 

21 ‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.—If a 

22 motion for change of custody of a child of a servicemember 

23 is filed while the servicemember is deployed in support of 

24 a contingency operation, no court may enter an order 

25 modifying or amending any previous judgment or order, 


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1 or issue a new order, that changes the custody arrange2 ment for that child that existed as of the date of the de3 ployment of the servicemember, except that a court may 

4 enter a temporary custody order if there is clear and con5 vincing evidence that it is in the best interest of the child. 

6 ‘‘(b) COMPLETION OF DEPLOYMENT.—In any pre7 ceding covered under subsection (a), a court shall require 

8 that, upon the return of the servicemember from deploy9 ment in support of a contingency operation, the custody 

10 order that was in effect immediately preceding the date 

11 of the deployment of the servicemember is reinstated, un12 less there is clear and convincing evidence that such a re13 instatement is not in the best interest of the child. 

14 ‘‘(c) EXCLUSION OF MILITARY SERVICE FROM DE15 TERMINATION OF CHILD’S BEST INTEREST.—If a motion 

16 for the change of custody of the child of a servicemember 

17 is filed, no court may consider the absence of the 

18 servicemember by reason of deployment, or possibility of 

19 deployment, in determining the best interest of the child. 

20 ‘‘(d) CONTINGENCY OPERATION DEFINED.—In this 

21 section, the term ‘contingency operation’ has the meaning 

22 given that term in section 101(a)(13) of title 10, United 

23 States Code, except that the term may include such other 

24 deployments as the Secretary may prescribe.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of such Act is amended by adding at the 

3 end of the items relating to title II the following new item: 

‘‘208. Child custody protection.’’. 

Passed the House of Representatives May 22, 2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 758 

110TH CONGRESS 

2D SESSION H. R. 5658 

AN ACT 

To authorize appropriations for fiscal year 2009 for 

gency operation, and for other purposes. Armed Forces deployed in support of a continrangements for parents who are members of the provide for the protection of child custody arto amend the Servicemembers Civil Relief Act to military personnel strengths for such fiscal year, ties of the Department of Energy, to prescribe for military construction, and for defense activimilitary activities of the Department of Defense, 

JUNE 3, 2008 

Received; read twice and placed on the calendar 


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